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

was now at liberty to speak out respecting those lamentable events in which Bacon had borne so large a share. Elizabeth was scarcely cold when the public feeling began to manifest itself by marks of respect towards Lord Southampton. That accomplished nobleman, who will be remembered to the latest ages as the generous and discerning patron of Shakspeare, was held in honour by his contemporaries chiefly on account of the devoted affection which he had borne to Essex. He had been tried and convicted together with his friend; but the Queen had spared his life, and, at the time of her death, he was still a prisoner. A crowd of visitors hastened to the Tower to congratulate him on his approaching deliverance. With that crowd Bacon could not venture to mingle. The multitude loudly condemned him; and his conscience told him that the multitude had but too much reason. He excused himself to Southampton by letter, in terms which, if he had, as Mr. Montagu conceives, done only what as a subject and an advocate he was bound to do, must be considered as shamefully servile. He owns his fear that his attendance would give offence, and that his professions of regard would obtain no credit. "Yet," says he, "it is as true as a thing that God knoweth, that this great change hath wrought in me no other change towards your Lordship than this, that I may safely be that to you now which I was truly before."

How Southampton received these apologies we are not informed. But it is certain that the general opinion was pronounced against Bacon in a manner not to be misunderstood. Soon after his marriage he put forth a defence of his conduct, in the form of a Letter to the Earl of Devon. This tract seems to us to prove only the exceeding badness of a cause for which such talents could do so little.

It is not probable that Bacon's Defence had much effect on his contemporaries. But the unfavourable impression which his conduct had made appears to have been gradually effaced. Indeed it must be some very peculiar cause that can make a man like him long unpopular. His talents secured him from contempt, his temper and his manners from hatred. There is scarcely any story so black that it may not be got over by a man of great abilities, whose abilities are united with caution, good humour, patience, and affability, who pays daily sacrifice to Nemesis, who is a delightful companion, a serviceable though not an ardent friend, and a dangerous yet a placable enemy. Waller in the next generation was an eminent instance of this. Indeed Waller had much more than may at first sight appear in common with Bacon. To the higher intellectual qualities of the great English philosopher, to the genius which has made an immortal epoch in the history of science, Waller had indeed no pretensions. But the mind of Waller, as far as it extended, coincided with that of Bacon, and might, so to, speak, have been cut out of that of Bacon. In the qualities which make a man an object of interest and veneration to posterity, they cannot be compared together. But in the qualities by which chiefly a man is known to his contemporaries there was a striking similarity between them. Considered as men of the world, as courtiers, as politicians, as associates, as allies, as enemies, they had nearly the same merits, and the same defects. They were not malignant. They were not tyrannical. But they wanted warmth of affection and elevation of sentiment. There were many things which they loved better than virtue, and which they feared more than guilt. Yet, even after they had stooped to acts of which it is impossible to read the account in the most partial narratives without strong disapprobation and contempt, the public still continued to regard them with a feeling not easily to be distinguished from esteem. The hyperbole of Juliet seemed to be verified with respect to them. "Upon their brows shame was ashamed to sit." Everybody seemed as desirous to throw a veil over their misconduct as if it had been his own. Clarendon, who felt, and who had reason to feel, strong personal dislike towards Waller, speaks of him thus: "There needs no more to be said to extol the excellence and power of his wit and pleasantness of his conversation, than that it was of magnitude enough to cover a world of very great faults, that is, so to cover them that they were not taken notice of to his reproach, viz., a narrowness in his nature to the lowest degree, an abjectness and want of courage to support him in any virtuous undertaking, an insinuation and servile flattery to the height the vainest and most imperious nature could be contented with. . . . It had power to reconcile him to those whom he had most offended and provoked, and continued to his age with that rare felicity, that his company was acceptable where his spirit was odious, and he was at least pitied where he was most detested." Much of this, with some softening, might, we fear, be applied to Bacon. The influence of Waller's talents, manners, and accomplishments, died with him; and the world has pronounced an unbiassed sentence on his character. A few flowing lines are not bribe sufficient to pervert the judgment of posterity. But the influence of Bacon is felt and will long be felt over the whole civilised world. Leniently as he was treated by his contemporaries, posterity has treated him more leniently still. Turn where we may, the trophies of that mighty intellect are full in few. We are judging Manlius in sight of the Capitol.

Under the reign of James, Bacon grew rapidly in fortune and favour. In 1604 he was appointed King's Counsel, with a fee of forty pounds a year; and a pension of sixty pounds a year was settled upon him. In 1607 he became Solicitor-General, in 1612 Attorney-General. He continued to distinguish himself in Parliament, particularly by his exertions in favour of one excellent measure on which the King's heart was set, the union of England and Scotland. It was not difficult for such an intellect to discover many irresistible arguments in favour of such a scheme. He conducted the great case of the Post Nati in the Exchequer Chamber; and the decision of the judges, a decision the legality of which may be questioned, but the beneficial effect of which must be acknowledged, was in a great measure attributed to his dexterous management. While actively engaged in the House of Commons and in the courts of law, he still found leisure for letters and philosophy. The noble treatise on the Advancement of Learning, which at a later period was expanded into the De Augmentis, appeared in 1605. The Wisdom of the Ancients, a work which, if it had proceeded from any other writer, would have been considered as a masterpiece of wit and learning, but which adds little to the fame of Bacon, was printed in 1609. In the meantime the Novum Organum was slowly proceeding. Several distinguished men of learning had been permitted to see sketches or detached portions of that extraordinary book; and, though they were not generally disposed to admit the soundness of the author's views, they spoke with the greatest admiration of his genius. Sir Thomas Bodley, the founder of one of the most magnificent of English libraries, was among those stubborn Conservatives who considered the hopes with which Bacon looked forward, to the future destinies of the human race as utterly chimerical, and who regarded with distrust and aversion the innovating spirit of the new schismatics in philosophy. Yet even Bodley, after perusing the Cogitata et Visa, one of the most precious of those scattered leaves out of which the great oracular volume was afterwards made up, acknowledged that in "those very points, and in all proposals and plots in that book, Bacon showed himself a master-workman"; and that "it could not be gainsaid but all the treatise over did abound with choice conceits of the present state of learning, and with worthy contemplations of the means to procure it." In 1612 a new edition of the Essays appeared, with additions surpassing the original collection both in bulk and quality. Nor did these pursuits distract Bacon's attention from a work the most arduous, the most glorious, and the most useful that even his mighty powers could have achieved, "the reducing and recompiling," to use his own phrase, "of the laws of England."

Unhappily he was at that very time employed in perverting those laws to the vilest purposes of tyranny. When Oliver St. John was brought before the Star Chamber for maintaining that the King had no right to levy Benevolences, and was for his manly and constitutional conduct sentenced to imprisonment during the royal pleasure and to a fine of five thousand pounds, Bacon appeared as counsel for the prosecution. About the same time he was deeply engaged in a still more disgraceful transaction. An aged clergyman, of the name of Peacham, was accused of treason on account of some passages of a sermon which was found in his study. The sermon, whether written by him or not, had never been preached. It did not appear that he had any intention of preaching it. The most servile lawyers of those servile times were forced to admit that there were great difficulties both as to the facts and as to the law. Bacon was employed to remove those difficulties. He was employed to settle the question of law by tampering with the judges, and the question of fact by torturing the prisoner.

Three judges of the Court of King's Bench were tractable. But Coke was made of different stuff. Pedant, bigot, and brute as he was, he had qualities which bore a strong, though a very disagreeable resemblance to some of the highest virtues which a public man can possess. He was an exception to a maxim which we believe to be generally true, that those who trample on the helpless are disposed to cringe to the powerful. He behaved with gross rudeness to his juniors at the bar, and with execrable cruelty to prisoners on trial for their lives. But he stood up manfully against the King and the King's favourites. No man of that age appeared to so little advantage when he was opposed to an inferior, and was in the wrong. But, on the other hand, it is but fair to admit that no man of that age made so creditable a figure when he was opposed to a superior, and happened to be in the right. On such occasions, his half-suppressed insolence and his impracticable obstinacy had a respectable and interesting appearance, when compared with the abject servility of the bar and of the bench. On the present occasion he was stubborn and surly. He declared that it was a new and highly improper practice in the judges to confer with a law-officer of the Crown about capital cases which they were afterwards to try; and for some time he resolutely kept aloof. But Bacon was equally artful and persevering. "I am not wholly out of hope," said he in a letter to the King, "that my Lord Coke himself, when I have in some dark manner put him in doubt that he shall be left alone, will not be singular." After some time Bacon's dexterity was successful; and Coke, sullenly and reluctantly, followed the example of his brethren. But in order to convict Peacham it was necessary to find facts as well as law. Accordingly, this wretched old man was put to the rack, and, while undergoing the horrible infliction, was examined by Bacon, but in vain. No confession could be wrung out of him; and Bacon wrote to