going a little beyond his instructions. The judges took no notice of the intimation, proceeded at once to give judgment, and sent a letter in their united names to the king announcing what they had done, and declaring that it was contrary to law and to their oath for them to pay any attention to a request that their decision should be delayed. The king was indignant at this encroachment, and acting partly on the advice of Bacon, held a council on the 6th of June 1616, at which the judges attended. James then entered at great length into the case, censuring the judges for the offensive form of their letter, and for not having delayed judgment upon his demand, which had been made solely because he was himself a party concerned. The judges, at the conclusion of his speech, fell on their knees, and implored pardon for the manner of their letter; but Coke attempted to justify the matter contained in it, saying that the delay required by his majesty was contrary to law. The point of law was argued by Bacon, and decided by the chancellor in favour of the king, who put the question to the judges individually, "Whether, if at any time, in a case depending before the judges, which his majesty conceived to concern him either in power or profit, and thereupon required to consult with them, and that they should stay proceedings in the meantime, they ought not to stay accordingly?" To this all gave assent except Coke, who said that "when the case should be, he would do that should be fit for a judge to do." No notice was taken by the king of this famous, though somewhat evasive, reply, But the judges were again asked what course they would take in the special case now before them. They all declared that they would not decide the matter upon general grounds affecting the prerogative, but upon special circumstances incident to the case; and with this answer they were dismissed. Bacon's conduct throughout the affair has been blamed, but apparently on wrong grounds. As attorney he was merely fulfilling his duty in obeying the command of the king; and in laying down the law on the disputed point, he was, we may be sure, speaking his own convictions. Censure might more reasonably be bestowed on him because he deliberately advised a course of action than which nothing can be conceived better calculated to strengthen the hands of an absolute monarch.[[21]] This appeared to Bacon justifiable and right, because the prerogative would be defended and preserved intact. Coke certainly stands out in a better light, not so much for his answer, which was rather indefinite, and the force of which is much weakened by his assent to the second question of the king, but for the general spirit of resistance to encroachment exhibited by him. He was undeniably troublesome to the king, and it is no matter for wonder that James resolved to remove him from a position where he could do so much harm. On the 26th June he was called before the council to answer certain charges, one of which was his conduct in the praemunire question. He acknowledged his error on that head, and made little defence. On the 30th he was suspended from council and bench, and ordered to employ his leisure in revising certain obnoxious opinions in his reports. He did not perform the task to the king's satisfaction, and a few months later he was dismissed from office.
Bacon's services to the king's cause had been most important; and as he had, at the same time, acquired great favour with Villiers, his prospects looked brighter than before. According to his custom, he strove earnestly to guide by his advice the conduct of the young favourite. His letters, in which he analyses the various relations in which such a man must stand, and prescribes the course of action suitable for each, are valuable and deserving of attention.[[22]] Very striking, in view of future events, are the words[[23]] in which he gives him counsel as to his dealing with judges: "By no means be you persuaded to interpose yourself by word or letter in any cause depending, or like to be depending, in any court of justice, nor suffer any man to do it where you can hinder it; and by all means dissuade the king himself from it, upon the importunity of any, either for their friends or themselves. If it should prevail, it perverts justice; but if the judge be so just, and of so undaunted a courage (as he ought to be) as not to be inclined thereby, yet it always leaves a taint of suspicions and prejudice behind it." It is probable that Villiers at this time had really a sense of the duties attaching to his position[[24]] and was willing to be guided by a man of approved wisdom. It was not long before an opportunity occurred for showing his gratitude and favour. Ellesmere resigned the chancellorship on the 5th of March 1616/7, and on the 7th the great seal was bestowed upon Bacon, with the title of lord keeper. Two months later he took his seat with great pomp in the chancery court, and delivered a weighty and impressive opening discourse. He entered with great vigour on his new labours, and in less than a month he was able to report to Buckingham that he had cleared off all outstanding chancery cases. He seemed now to have reached the height of his ambition; he was the first law officer in the kingdom, the accredited minister of his sovereign, and on the best terms with the king and his favourite. His course seemed perfectly prosperous and secure, when a slight storm arising opened his eyes to the frailty of the tenure by which he held his position.
Coke was in disgrace but not in despair; there seemed to be a way whereby he could reconcile himself to Buckingham, through the marriage of his daughter, who had an ample fortune, to Sir John Villiers, brother of the marquess, who was penniless or nearly so. The match was distasteful to Lady Hatton and to her daughter; a violent quarrel was the consequence, and Bacon, who thought the proposed marriage most unsuitable, took Lady Hatton's part. His reasons for disapproval he explained to the king and Buckingham, but found to his surprise that their indignation was strongly roused against him. He received from both bitter letters of reproof; it was rumoured that he would be disgraced, and Buckingham was said to have compared his present conduct to his previous unfaithfulness to Essex. Bacon, who seems to have acted from a simple desire to do the best for Buckingham's own interests, at once changed his course, advanced the match by every means in his power, and by a humble apology appeased the indignation that had been excited against him. It had been a sharp lesson, but things seemed to go on smoothly after it, and Bacon's affairs prospered.
On the 4th of January 1617/8 he received the higher title of lord chancellor; in July of the same year he was made Baron Verulam and in January 1620/1 he was created Viscount St Albans. His fame, too, had been increased by the publication in 1620 of his most celebrated work, the Novum Organum. He seemed at length to have made satisfactory progress towards the realization of his cherished aims; the method essential for his Instauration was partially completed; and he had attained as high a rank in the state as he had ever contemplated. But his actions in that position were not calculated to promote the good of his country.
Connected with the years during which he held office is one of the weightiest charges against his character. Buckingham, notwithstanding the advice he had received from Bacon himself, was in the habit of addressing letters to him recommending the causes of suitors. In many cases these seem nothing more than letters of courtesy, and, from the general tone, it might fairly be concluded that there was no intention to sway the opinion of the judge illegally, and that Bacon did not understand the letters in that sense. This view is supported by consideration of the few answers to them which are extant.[[25]] One outstanding case, however, that of Dr Steward,[[26]] casts some suspicion on all the others. The terms of Buckingham's note[[27]] concerning it might easily have aroused doubts; and we find that the further course of the action was to all appearances exactly accommodated to Dr Steward, who
had been so strongly recommended. It is, of course, dangerous to form an extreme judgment on an isolated and partially understood case, of which also we have no explanation from Bacon himself, but if the interpretation advanced by Heath be the true one, Bacon certainly suffered his first, and, so far as we can see, just judgment on the case to be set aside, and the whole matter to be reopened in obedience to a request from Buckingham.
It is somewhat hard to understand Bacon's position with regard to the king during these years. He was the first officer of the crown, the most able man in the kingdom, prudent, sagacious and devoted to the royal party. Yet his advice was followed only when it chimed in with James's own will; his influence was of a merely secondary kind; and his great practical skill was employed simply in carrying out the measures of the king in the best mode possible. We know indeed that he sympathized cordially with the home policy of the government; he had no objection to such monopolies or patents as seemed advantageous to the country, and for this he is certainly not to be blamed.[[28]] The opinion was common at the time, and the error was merely ignorance of the true principles of political economy. But we know also that the patents were so numerous as to be oppressive, and we can scarcely avoid inferring that Bacon more readily saw the advantages to the government than the disadvantages to the people. In November 1620, when a new parliament was summoned to meet on January following, he earnestly pressed that the most obnoxious patents, those of alehouses and inns, and the monopoly of gold and silver thread, should be given up, and wrote to Buckingham, whose brothers were interested, advising him to withdraw them from the impending storm. This prudent advice was unfortunately rejected. But while he went cordially with the king in domestic affairs, he was not quite in harmony with him on questions of foreign policy. Not only was he personally in favour of a war with Spain for the recovery of the Palatinate, but he foresaw in such a course of action the means of drawing together more closely the king and his parliament. He believed that the royal difficulties would be removed if a policy were adopted with which the people could heartily sympathize, and if the king placed himself at the head of his parliament and led them on. But his advice was neglected by the vacillating and peace-loving monarch, his proffered proclamation was put aside, and a weak, featureless production substituted in its place. Nevertheless the new parliament seemed at first more responsive than might have been looked for. A double subsidy was granted, which was expressly stated to be "not on any consideration or condition for or concerning the Palatinate." The session, however, was not far advanced when the question of patents was brought up; a determined attack was made upon the very ones of which Bacon had been in dread, and it was even proposed to proceed against the referees (Bacon and Montagu) who had certified that there was no objection to them in point of law. This proposal, though pressed by Coke, was allowed to drop; while the king and Buckingham, acting under the advice of Williams, afterwards lord keeper, agreed to give up the monopolies. It was evident, however, that a determined attack was about to be made upon Bacon, and that the proceeding against the referees was really directed against him. It is probable that this charge was dropped because a more powerful weapon had in the meantime been placed in his enemies' hands. This was the accusation of bribery and corrupt dealings in chancery suits, an accusation apparently wholly unexpected by Bacon, and the possibility of which he seems never to have contemplated until it was actually brought against him. At the beginning of the session a committee had been appointed for inquiring into abuses in the courts of justice. Some illegal practices of certain chancery officials had been detected and punished by the court itself, and generally there was a disposition to overhaul its affairs, while Coke and Lionel Cranfield, earl of Middlesex (1575-1645) directly attacked some parts of the chancellor's administration. But on the 14th of March one Christopher Aubrey appeared at the bar of the House, and charged Bacon with having received from him a sum of money while his suit was going on, and with having afterwards decided against him. Bacon's letter[[29]] on this occasion is worthy of serious attention; he evidently thought the charge was but part of the deliberate scheme to ruin him which had already been in progress. A second accusation (Edward Egerton's case) followed immediately after, and was investigated by the House, who, satisfied that they had just matter for reprehension, appointed the 19th for a conference with the Lords. On that day Bacon, as he had feared, was too ill to attend. He wrote[[30]] to the Lords excusing his absence, requesting them to appoint a convenient time for his defence and cross-examination of witnesses, and imploring them not to allow their minds to be prejudiced against him, at the same time declaring that he would not "trick up an innocency with cavillations, but plainly and ingenuously declare what he knew or remembered." The charges rapidly accumulated, but Bacon still looked upon them as party moves, and was in hopes of defending himself.[[31]] Nor did he seem to have lost his courage, if we are to believe the common reports of the day,[[32]] though certainly they do not appear worthy of very much credit.
The notes[[33]] bearing upon the interview which he obtained with the king show that he had begun to see more clearly the nature and extent of the offences with which he was charged, that he now felt it impossible altogether to exculpate himself, and that his hopes were directed towards obtaining some mitigation of his sentence. The long roll of charges made upon the 19th of April finally decided him; he gave up all idea of defence, and wrote to the king begging him to show him favour in this emergency.[[34]] The next day he sent in a general confession to the Lords,[[35]] trusting that this would be considered satisfactory. The Lords, however, decided that it was not sufficient as a ground for their censure, and demanded a detailed and particular confession. A list of twenty-eight charges was then sent him, to which an answer by letter was required. On the 30th of April his "confession and humble submission"[[36]] was handed in. In it, after going over the several instances, he says, "I do again confess, that on the points charged upon me, although they should be taken as myself have declared them, there is a great deal of corruption and neglect; for which I am heartily and penitently sorry, and submit myself to the judgment, grace, and mercy of the court."[[37]] On the 3rd of May, after considerable discussion, the Lords decided upon the sentence, which was,[[38]] That he should undergo fine and ransom of £40,000; that he should be imprisoned in the Tower during the king's pleasure; that he should be for ever incapable of any office, place or employment in the state or commonwealth; that he should never sit in parliament, or come within the verge of the court. This heavy sentence was
only partially executed. The fine was in effect remitted by the king; imprisonment in the Tower lasted for about four days; a general pardon (not of course covering the parliamentary censure) was made out, and though delayed at the seal for a time by Lord Keeper Williams, was passed probably in November 1621. The cause of the delay seems to have lain with Buckingham, whose friendship had cooled, and who had taken offence at the fallen chancellor's unwillingness to part with York House. This difference was finally smoothed over, and it was probably through his influence that Bacon received the much-desired permission to come within the verge of the court. He never again sat in parliament.
So ends this painful episode, which has given rise to the most severe condemnation of Bacon, and which still presents great and perhaps insuperable difficulties. On the whole, the tendency of the most recent and thorough researches has been towards the opinion that Bacon's own account of the matter (from which, indeed, our knowledge of it is chiefly drawn) is substantially correct. He distinguishes three ways in which bribes may be given,[[39]] and ingenuously confesses that his own acts amounted to corruption and were worthy of condemnation. Now, corruption strictly interpreted would imply the deliberate sale of justice, and this Bacon explicitly denies, affirming that he never "had bribe or reward in his eye or thought when he pronounced any sentence or order." When we analyse the specific charges against him, with his answers to them, we find many that are really of little weight. The twenty-eighth and last, that of negligence in looking after his servants, though it did him much harm, may fairly be said to imply no moral blame. The majority of the others are instances of gratuities given after the decision, and it is to be regretted that the judgment of the peers gives us no means of determining how such gifts were looked upon, whether or not the acceptance of them was regarded as a "corrupt" practice. In four cases specifically, and in some others by implication, Bacon confesses that he had received bribes from suitors pendente lite. Yet he affirms, as we said before, that his intention was never swayed by a bribe; and so far as any of these cases can be traced, his decisions, often given in conjunction with some other official, are to all appearance thoroughly just. In several cases his judgment appears to have been given against the party bestowing the bribe, and in at least one instance, that of Lady Wharton, it seems impossible to doubt that he must have known when accepting the present that his opinion would be adverse to her cause. Although, then, he felt that these practices were really corrupt, and even rejoiced that his own fall would tend to purify the courts from them,[[40]] he did not feel that he was guilty of perverting justice for the sake of reward. How far, then, is such defence or explanation admissible and satisfactory? It is clear that two things are to be considered: the one the guilt of taking bribes or presents on any consideration, the other the moral guilt depending upon the wilful perversion of justice. The attempt has sometimes been made to defend the whole of Bacon's conduct on the ground that he did nothing that was not done by many of his contemporaries. Bacon himself disclaims a defence of this nature, and we really have no direct evidence which shows to what extent the offering and receiving of such bribes then prevailed. That the practice was common is indeed implied by the terms in which Bacon speaks of it, and it is not improbable that the fact of these gifts being taken by officials was a thing fairly well known, although all were aware of their illegal character, and it was plain that any public exposure of such dealings would be fatal to the individual against whom the charge was made out.[[41]] Bacon knew all this; he was well aware that the practice was in itself indefensible,[[42]] and that his conduct was therefore corrupt and deserving of censure. So far, then, as the mere taking of bribes is concerned, he would permit no defence, and his own confession and judgment on his action contain as severe a condemnation as has ever been passed upon him. Yet in the face of this he does not hesitate to call himself "the justest chancellor that hath been in the five changes since Sir Nicholas Bacon's time";[[43]] and this on the plea that his intentions had always been pure, and had never been affected by the presents he received. His justification has been set aside by modern critics, not on the ground that the evidence demonstrates its falsity,[[44]] but because it is inconceivable or unnatural that any man should receive a present from another, and not suffer his judgment to be swayed thereby. It need hardly be said that such an a priori conviction is not a sufficient basis on which to found a sweeping condemnation of Bacon's integrity as an administrator of justice. On the other hand, even if it be admitted to be possible and conceivable that a present should be given by a suitor simply as seeking favourable consideration of his cause, and not as desirous of obtaining an unjust decree, and should be accepted by the judge on the same understanding, this would not entitle one absolutely to accept Bacon's statement. Further evidence is necessary in order to give foundation to a definite judgment either way; and it is extremely improbable, nay, almost impossible, that such can ever be produced. In these circumstances, due weight should be given to Bacon's own assertions of his perfect innocence and purity of intention; they ought not to be put out of court unless found in actual contradiction to the facts, and the reverse of this is the case, so far as has yet appeared.[[45]]