Bacon's private fortunes, during the period after the death of Essex, were not in a flourishing condition. He had obtained a grant of £1200 from the fines imposed on Catesby, one of the conspirators, but his debts were sufficient to swallow up this and much more. And, though he was trusted by Elizabeth, and on good terms with her, he seems to have seen that he had no chance of advancement. But her death in 1603, followed by the undisputed succession of James, gave him new hopes. He used every means in his power to bring himself under James's notice, writing to all his friends at the Scottish court and to the king himself. He managed to obtain a personal interview with the king, but does not seem to have been much satisfied with it. In fact, while the king confirmed in their situations those who had held crown offices under Elizabeth, Bacon, not holding his post by warrant, was practically omitted. He was, however, continued, by special order of the king, as learned counsel extraordinary, but little or no law business appears to have been entrusted to him. He procured, through his cousin Cecil, the dignity of knighthood, which, contrary to his inclination, he received along with about 300 others, on the 23rd of July 1603. Between this time and the opening of James's first parliament he was engaged in literary work, and sent to the king two pamphlets—one on the Union, the other on measures for the pacification of the church. Shortly after he published his Apology. In March 1604 parliament met, and during their short session Bacon's hands seem to have been full of work. It was a busy and stirring time, and events occurred during it which carried within them the seeds of much future dissension. Prerogative and privilege came more than once into collision, the abuses of purveyance and wardship were made matters of conference, though the thorough discussion of them was deferred to a succeeding session; while James's temper was irritated by the objections brought against his favourite scheme of the Union, and by the attitude taken up by the House with regard to religious affairs. The records are barely full enough to enable us to judge of the share taken by Bacon in these discussions; his name generally appears as the reporter of the committees on special subjects. We can occasionally, however, discern traces of his tact and remarkable prudence; and, on the whole, his attitude, particularly with regard to the Union question, recommended him to James. He was shortly afterwards formally installed as learned counsel, receiving the salary of £40, and at the same time a pension of £60 yearly. He was also appointed one of the commission to treat of the conditions necessary for the Union; and the admirable manner in which the duties of that body were discharged must be attributed mainly to his influence and his complete mastery of the subject. During the recess he published his Advancement of Learning, dedicated to the king.
He was now brought into relations with James, and his prospects began to improve. It is important for us to know what were his ideas upon government, upon parliaments, prerogative, and so forth, since a knowledge of this will clear up much that would seem inexplicable in his life. It seems quite evident[[7]] that Bacon, from position, early training and, one might almost think, natural inclination, held as his ideal of government the Elizabethan system. The king was the supreme power, the centre of law and justice, and his prerogative must not be infringed. Parliament was merely a body called to consult with the king on emergencies (circa ardua regni) and to grant supplies. King and parliament together make up the state, but the former is first in nature and importance. The duty of a statesman was, therefore, to carry out the royal will in as prudent a manner as possible; he was the servant of the king, and stood or fell according to his pleasure. He was not singular in his opinions and he was undoubtedly sincere; and it is only
by keeping them constantly in mind that we can understand his after relations with the king.
In the second parliament there was not so much scope for the exercise of his powers. The Gunpowder Plot had aroused in the Commons warmer feelings towards the king; they passed severe laws against recusants, and granted a triple subsidy. At the same time they continued the collection of the grievances concerning which they were to move. In the course of this session Bacon married Alice Barnham "the alderman's daughter, an handsome maiden, to my liking," of whom he had written some years before to his cousin Cecil. Little or nothing is known of their married life.
The third parliament was chiefly occupied with the commercial and legal questions rising out of the proposed Union, in particular, with the dispute as to the naturalization of the Post Nati. Bacon argued ably in favour of this measure, but the general feeling was against it. The House would only pass a bill abolishing hostile laws between the kingdoms; but the case of the Post Nati, being brought before the law courts, was settled as the king wished. Bacon's services were rewarded in June 1607 by the office of solicitor.[[8]] Several years passed before he gained another step. Meantime, though circumstances had thrown him too much into active life, he had not forgotten his cherished project of reorganizing natural science. A survey of the ground had been made in the Advancement, and some short pieces not published at the time were probably written in the subsequent two or three years. Towards the close of 1607 he sent to his friends a small tract, entitled Cogitata et Visa, probably the first draft of what we have under that title. In 1609 he wrote the noble panegyric, In felicem memoriam Elizabethae, and the curiously learned and ingenious work, De Sapientia Veterum; and completed what seems to have been the Redargutio Philosophiarum, or treatise on the "idols of the theatre."
In 1610 the famous fourth parliament of James met. Prerogative, despite Bacon's advice and efforts, clashed more than once with liberty; Salisbury's bold schemes for relieving the embarrassment caused by the reckless extravagance of the king proved abortive, and the House was dissolved in February 1611. Bacon took a considerable share in the debates, consistently upheld the prerogative, and seemed yet to possess the confidence of the Commons. The death of Salisbury, occurring soon after, opened a position in which Bacon thought his great political skill and sagacity might be made more immediately available for the king's service. How far he directly offered himself for the post of secretary is uncertain, but we know that his hopes were disappointed, the king himself undertaking the duties of the office. About the same time he made two ineffectual applications for the mastership of the wards; the first, on Salisbury's death, when it was given to Sir George Carey; the second, on the death of Carey. It is somewhat hard to understand why so little favour was shown by the king to one who had proved himself able and willing to do good service, and who, in spite of his disappointments, still continued zealously to offer advice and assistance. At last in 1613, a fair opportunity for promotion occurred. The death of Sir Thomas Fleming made a vacancy in the chief justiceship of the king's bench, and Bacon, after some deliberation, proposed to the king that Coke should be removed from his place in the court of common pleas and transferred to the king's bench. He gives several reasons for this in his letter to the king, but in all probability his chief motive was that pointed out by Spedding, that in the court of king's bench there would be less danger of Coke coming into collision with the king on questions of prerogative, in handling which Bacon was always very circumspect and tender. The vacancy caused by Coke's promotion was then filled up by Hobart, and Bacon, finally, stepped into the place of attorney-general. The fact of this advice being offered and followed in all essentials, illustrates very clearly the close relations between the king and Bacon, who had become a confidential adviser on most occasions of difficulty. That his adherence to the royal party was already noticed and commented on appears from the significant remark of Chamberlain, who, after mentioning the recent changes among the law officials, says, "There is a strong apprehension that ... Bacon may prove a dangerous instrument."
Further light is thrown upon Bacon's relations with James, and upon his political sympathies, by the letter to the king advocating the calling of a parliament,[[9]] and by the two papers of notes on which his letter was founded.[[10]] These documents, even after due weight is given to all considerations urged in their favour,[[11]] seem to confirm the view already taken of Bacon's theory of government, and at the same time show that his sympathies with the royal party tended to blind him to the true character of certain courses of action, which can only be justified by a straining of political ethics. The advice he offered, in all sincerity, was most prudent and sagacious, and might have been successfully carried out by a man of Bacon's tact and skill; but it was intensely one-sided, and exhibited a curious want of appreciation of what was even then beginning to be looked on as the true relation of king, parliament and people. Unfortunately for James, he could neither adopt nor carry out Bacon's policy. The parliament which met in April 1614, in which Bacon sat for Cambridge University, and was dissolved in June, after a stormy session, was by no means in a frame of mind suitable for the king's purposes. The House was enraged at the supposed project (then much misunderstood) of the "Undertakers"; objection was taken to Bacon being elected or serving as a member while holding office as attorney-general; and, though an exception was made in his favour, it was resolved that no attorney-general should in future be eligible for a seat in parliament. No supply was granted, and the king's necessities were increased instead of diminished. The emergency suggested to some of the bishops the idea of a voluntary contribution, which was eagerly taken up by the noblemen and crown officials. The scheme was afterwards extended so as to take in the whole kingdom, but lost something of its voluntary character, and the means taken to raise the money, which were not what Bacon would have recommended,[[12]] were calculated to stir up discontent. The general dissatisfaction received a somewhat unguarded and intemperate expression in a letter sent to the justices of Marlborough by a gentleman of the neighbourhood, named Oliver St John,[[13]] in which he denounced the attempt to raise funds in this way as contrary to law, reason and religion, as constituting in the king personally an act of perjury, involving in the same crime those who contributed, and thereby subjecting all parties to the curses levelled by the church at such offences. St John was summoned before the Star Chamber for slander and treasonable language; and Bacon, ex officio, acted as public prosecutor. The sentence pronounced (a fine of £5000 and imprisonment for life) was severe, but it was not actually inflicted, and probably was not intended to be carried out, the success of the prosecution being all that was desired. St John remained a short time in prison, and was then released, after making a full apology and submission. The fine was remitted. It seems incredible that Bacon's conduct on this occasion should have been censured by his biographers. The offence was clear; the law was undoubted; no particular sympathy was excited for the culprit; the sentence was not carried out; and Bacon did only what any one in his place would naturally and necessarily have done. The nature of his office involved him in several trials for treason occurring about the same time, and one of these is of interest sufficient to require a somewhat longer examination. Edmund Peacham[[14]] had been
committed to custody for a libel on his superior, James Montagu (1568?-1618), bishop of Bath and Wells. In searching his house for certain papers, the officers came upon some loose sheets stitched together in the form of a sermon, the contents of which were of such a nature that it was judged right to lay them before the council. As it was at first suspected that the writing of this book had been prompted by some disaffected persons, Peacham was interrogated, and after he had declined to give any information, was subjected to torture. Bacon, as one of the learned counsel, was ordered by the council to take part in this examination, which was undoubtedly warranted by precedent, whatever may now be thought of it. Nothing, however, was extracted from Peacham in this way, and it was resolved to proceed against him for treason. Now, in the excited state of popular feeling at that period, the failure of government to substantiate an accusation of treason would have been a serious matter. The king, with whom the council agreed, seems therefore to have thought it desirable to obtain beforehand the opinions of the four chief judges as to whether the alleged offence amounted to treason. In this there was nothing unusual or illegal, and no objection would at that time have been made to it, but James introduced a certain innovation; he proposed that the opinions of the four judges should be given separately and in private. It may be reasonably inferred that his motive for this was the suspicion, or it may be the knowledge, that Coke did not consider the matter treasonable. At all events when Coke, who as a councillor already knew the facts of the case, was consulted regarding the new proposal of the king, he at once objected to it, saying that "this particular and auricular taking of opinions" was "new and dangerous," and "not according to the custom of the realm." He at last reluctantly assented, and proposed that Bacon should consult with him, while the other law officers addressed themselves to the three puisne judges. By Bacon's directions the proposal to the three judges to give their opinions separately was made suddenly and confidently, and any scruples they might have felt were easily overcome. The first step was thus gained, and it was hoped that if "infusion" could be avoided, if the papers bearing on the case were presented to the judges quickly, and before their minds could be swayed by extraneous influence, their decision on the case would be the same as that of the king. It is clear that the extraneous influence to be feared was Coke, who, on being addressed by Bacon, again objected to giving his opinion separately, and even seemed to hope that his brother judges after they had seen the papers would withdraw their assent to giving their decisions privately. Even after the discussion of the case with Bacon, he would not give his opinion until the others had handed in theirs. What the other judges thought is not definitely known, but Bacon appears to have been unable to put in operation the plan he had devised for swaying Coke's judgment,[[15]] or if he did attempt it, he was unsuccessful, for Coke finally gave an opinion consistent with what he seems to have held at first, that the book was not treasonable, as it did not disable the king's title. Although the opinions of the judges were not made public, yet as we learn, not only from Bacon, but from a sentence in one of Carleton's letters,[[16]] a rumour had got about that there was doubt as to the book being treasonable. Under these circumstances, Bacon, who feared that such a report might incite other people to attempt a similar offence, proposed to the king that a second rumour should be circulated in order to destroy the impression caused by the first. "I do think it necessary," he says, "that because we live in an age in which no counsel is kept, and that it is true there is some bruit abroad that the judges of the king's bench do doubt of the case that it should not be treason, that it be given out constantly, and yet as it were in secret, and so a fame to slide, that the doubt was only upon the publication, in that it was never published. For that (if your majesty marketh it) taketh away or at least qualifieth the danger of the example; for that will be no man's case."[[17]] Bacon's conduct in this matter has been curiously misrepresented. He has been accused of torturing the prisoner, and of tampering with the judges[[18]] by consulting them before the trial; nay, he is even represented as selecting this poor clergyman to serve for an example to terrify the disaffected, as breaking into his study and finding there a sermon never intended to be preached, which merely encouraged the people to resist tyranny.[[19]] All this lavish condemnation rests on a complete misconception of the case. If any blame attaches to him, it must arise either from his endeavour to force Coke to a favourable decision, in which he was in all probability prompted by a feeling, not uncommon with him, that a matter of state policy was in danger of being sacrificed to some senseless legal quibble or precedent, or from his advice to the king that a rumour should be set afloat which was not strictly true.
Bacon's share in another great trial which came on shortly afterwards, the Overbury and Somerset case, is not of such a nature as to render it necessary to enter upon it in detail.[[20]] It may be noted, however, that his letters about this time show that he had become acquainted with the king's new favourite, the brilliant Sir George Villiers, and that he stood high in the king's good graces. In the early part of 1616, when Thomas Egerton, Baron Ellesmere (c. 1540-1617), the lord chancellor, was dangerously ill, Bacon wrote a long and careful letter to the king, proposing himself for the office, should it fall vacant, and stating as frankly as possible of what value he considered his services would be. In answer, he appears to have received a distinct promise of the reversion of the office; but, as Ellesmere recovered, the matter stood over for a time. He proposed, however, that he should be made a privy councillor, in order to give him more weight in his almost recognized position of adviser to the king, and on the 9th of June 1616 he took the oaths and his seat at the council board.
Meanwhile, his great rival Coke, whose constant tendency to limit the prerogative by law and precedent had made him an object of particular dislike to James, had on two points come into open collision with the king's rights. The first case was an action of praemunire against the court of chancery, evidently instigated by him, but brought at the instance of certain parties whose adversaries had obtained redress in the chancellor's court after the cause had been tried in the court of king's bench. With all his learning and ingenuity Coke failed in inducing or even forcing the jury to bring in a bill against the court of chancery, and it seems fairly certain that on the technical point of law involved he was wrong. Although his motive was, in great measure, a feeling of personal dislike towards Ellesmere, yet it is not improbable that he was influenced by the desire to restrict in every possible way the jurisdiction of a court which was the direct exponent of the king's wishes. The other case, that of the commendams, was more important in itself and in the circumstances connected with it. The general question involved in a special instance was whether or not the king's prerogative included the right of granting at pleasure livings in commendam, i.e. to be enjoyed by one who was not the incumbent. Bacon, as attorney-general, delivered a speech, which has not been reported; but the king was informed that the arguments on the other side had not been limited to the special case, but had directly impugned the general prerogative right of granting livings. It was necessary for James, as a party interested, at once to take measures to see that the decision of the judges should not be given on the general question without due consultation. He accordingly wrote to Bacon, directing him to intimate to the judges his pleasure that they should delay judgment until after discussion of the matter with himself. Bacon communicated first with Coke, who in reply desired that similar notice should be given to the other judges. This was done by Bacon, though he seems to hint that in so doing he was