Critical and Historical Essays - Volume 2 by Thomas Babington Macaulay (fun to read .txt) 📕

it is the interest of all men to rise and exterminate that profession." Nor was this language held only by unlearned country gentlemen. Sir William Williams, one of the ablest and most unscrupulous lawyers of the age, took the same view of the case. He had not hesitated, he said, to take part in the prosecution of the Bishops, because they were allowed counsel. But he maintained that, where the prisoner was not allowed counsel the Counsel for the Crown was bound to exercise a discretion, and that every lawyer who neglected this distinction was a betrayer of the law. But it is unnecessary to cite authority. It is known to everybody who has ever looked into a court of quarter-sessions that lawyers do exercise a discretion in criminal cases; and it is plain to every man of common sense that, if they did not exercise such a discretion, they would be a more hateful body of men than those bravoes who used to hire out their stilettoes in Italy.

Bacon appeared against a man who was indeed guilty of a great offence, but who had been his benefactor and friend. He did more than this. Nay, he did more than a person who had never seen Essex would have been justified in doing. He employed all the art of an advocate in order to make the prisoner's conduct appear more inexcusable and more dangerous to the State than it really had been. All that professional duty could, in any case, have required of him would have been to conduct the cause so as to ensure a conviction. But from the nature of the circumstances there could not be the smallest doubt that the Earl would be found guilty. The character of the crime was unequivocal. It had been committed recently, in broad daylight, in the streets of the capital, in the presence of thousands. If ever there was an occasion on which an advocate had no temptation to resort to extraneous topics, for the purpose of blinding the judgment and inflaming the passions of a tribunal, this was that occasion.

Why then resort to arguments which, while they could add nothing to the strength of the case, considered in a legal point of view, tended to aggravate the moral guilt of the fatal enterprise, and to excite fear and resentment in that quarter from which alone the Earl could now expect mercy? Why remind the audience of the arts of the ancient tyrants? Why deny what everybody knew to be the truth, that: a powerful faction at Court had long sought to effect the ruin of the prisoner? Why above all, institute a parallel between the unhappy culprit and the most wicked and most successful rebel of the age? Was it absolutely impossible to do all that professional duty required without reminding a jealous sovereign of the League, of the barricades, and of all the humiliations which a too powerful subject had heaped on Henry the Third?

But if we admit the plea which Mr. Montagu urges in defence of what Bacon did as an advocate, what shall we say of the Declaration of the Treasons of Robert, Earl of Essex? Here at least there was no pretence of professional obligation. Even those who may think it the duty of a lawyer to hang, draw, and quarter his benefactors, for a proper consideration, will hardly say that it is his duty to write abusive pamphlets against them, after they are in their graves. Bacon excused himself by saying that he was not answerable for the matter of the book, and that he furnished only the language. But why did he endow such purposes with words? Could no hack writer, without virtue or shame, be found to exaggerate the errors, already so dearly expiated, of a gentle and noble spirit? Every age produces those links between the man and the baboon. Every age is fertile of Oldmixons, of Kenricks, and of Antony Pasquins. But was it for Bacon so to prostitute his intellect? Could he not feel that, while he rounded and pointed some period dictated by the envy of Cecil, or gave a plausible form to some slander invented by the dastardly malignity of Cobham; he was not sinning merely against his friend's honour and his own? Could he not feel that letters, eloquence, philosophy, were all degraded in his degradation?

The real explanation of all this is perfectly obvious; and nothing but a partiality amounting to a ruling passion could cause anybody to miss it. The moral qualities of Bacon were not of a high order. We do not say that he was a bad man. He was not inhuman or tyrannical. He bore with meekness his high civil honours, and the far higher honours gained by his intellect. He was very seldom, if ever, provoked into treating any person with malignity and insolence. No man more readily held up the left cheek to those who had smitten the right. No man was more expert at the soft answer which turneth away wrath. He was never charged, by any accuser entitled to the smallest credit, with licentious habits. His even temper, his flowing courtesy, the general respectability of his demeanour, made a favourable impression on those who saw him in situations which do not severely try the principles. His faults were-we write it with pain-coldness of heart, and meanness of spirit. He seems to have been incapable of feeling strong affection, of facing great dangers, of making great sacrifices. His desires were set on things below wealth, precedence, titles, patronage, the mace, the seals, the coronet, large houses, fair gardens, rich manors, massy services of plate, gay hangings, curious cabinets, had as great attractions for him as for any of the courtiers who dropped on their knees in the dirt when Elizabeth passed by, and then hastened home to write to the King of Scots that her Grace seemed to be breaking fast. For these objects he had stooped to everything and endured everything. For these he had sued in the humblest manner, and, when unjustly and ungraciously repulsed, had thanked those who had repulsed him, and had begun to sue again. For these objects, as soon as he found that the smallest show of independence in Parliament was offensive to the Queen, he had abased himself to the dust before her, and implored forgiveness in terms better suited to a convicted thief than to a knight of the shire. For these he joined, and for these he forsook, Lord Essex. He continued to plead his patron's cause with the Queen as long as he thought that by pleading that cause he might serve himself. Nay, he went further; for his feelings, though not warm, were kind; he pleaded that cause as long as he thought that he could plead it without injury to himself. But when it became evident that Essex was going headlong to his ruin, Bacon began to tremble for his own fortunes. What he had to fear would not indeed have been very alarming to a man of lofty character. It was not death. It was not imprisonment. It was the loss of Court favour. It was the being left behind by others in the career of ambition. It was the having leisure to finish the Instauratio Magna. The Queen looked coldly on him. The courtiers began to consider him as a marked man. He determined to change his line of conduct, and to proceed in a new course with so much vigour as to make up for lost time. When once he had determined to act against his friend, knowing himself to be suspected, he acted with more zeal than would have been necessary or justifiable if he had been employed against a stranger. He exerted his professional talents to shed the Earl's blood, and his literary talents to blacken the Earl's memory.

It is certain that his conduct excited at the time great and general disapprobation. While Elizabeth lived, indeed, this disapprobation, though deeply felt, was not loudly expressed. But a great change was at hand. The health of the Queen had long been decaying; and the operation of age and disease was now assisted by acute mental suffering. The pitiable melancholy of her last days has generally been ascribed to her fond regret for Essex. But we are disposed to attribute her dejection partly to physical causes, and partly to the conduct of her courtiers and ministers. They did all in their power to conceal from her the intrigues which they were carrying on at the Court of Scotland. But her keen sagacity was not to be so deceived. She did not know the whole. But she knew that she was surrounded by men who were impatient for that new world which was to begin at her death, who had never been attached to her by affection, and who were now but very slightly attached to her by interest. Prostration and flattery could not conceal from her the cruel truth, that those whom she had trusted, and promoted had never loved her, and were fast ceasing to fear her. Unable to avenge herself, and too proud to complain, she suffered sorrow and resentment to prey on her heart till, after a long career of power, prosperity, and glory, she died sick and weary of the world.

James mounted the throne: and Bacon employed all his address to obtain for himself a share of the favour of his new master. This was no difficult task. The faults of James, both as a man and as a prince, were numerous; but insensibility to the claims of genius and learning was not among them. He was indeed made up of two men, a witty, well-read scholar, who wrote, disputed, and harangued, and a nervous, drivelling idiot, who acted. If he had been a Canon of Christ Church or a Prebendary of Westminster, it is not improbable that he would have left a highly respectable name to posterity; that he would have distinguished himself among the translators of the Bible, and among the Divines who attended the Synod of Dort; and that he would have been regarded by the literary world as no contemptible rival of Vossius and Casaubon. But fortune placed him in a situation in which his weakness covered him with disgrace, and in which his accomplishments brought him no honour. In a college, much eccentricity and childishness would have been readily pardoned in so learned a man. But all that learning could do for him on the throne was to make people think him a pedant as well as a fool.

Bacon was favourably received at Court; and soon found that his chance of promotion was not diminished by the death of the Queen. He was solicitous to be knighted, for two reasons which are somewhat amusing. The King had already dubbed half London, and Bacon found himself the only untitled person in his mess at Gray's Inn. This was not very agreeable to him. He had also, to quote his own words, "found an Alderman's daughter, a handsome maiden, to his liking." On both these grounds, he begged his cousin Robert Cecil, "if it might please his good Lordship," to use his interest in his behalf. The application was successful. Bacon was one of three hundred gentlemen who, on the coronation- day, received the honour, if it is to be so called, of knighthood. The handsome maiden, a daughter of Alderman Barnham, soon after consented to become Sir Francis's lady.

The death of Elizabeth, though on the whole it improved Bacon's prospects, was in one respect an unfortunate event for him. The new King had always felt kindly towards Lord Essex, and, as soon as he came to the throne, began to show favour to the House of Devereux, and to those who had stood by that house in its adversity. Everybody