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

to the accomplishments which had made them conspicuous in tilt-yards and ball-rooms, aspired to rule the State. Both owed their elevation to the personal attachment of the sovereign; and in both cases this attachment was of so eccentric a kind, that it perplexed observers, that it still continues to perplex historians, and that it gave rise to much scandal which we are inclined to think unfounded. Each of them treated the sovereign whose favour he enjoyed with a rudeness which approached to insolence. This petulance ruined Essex, who had to deal with a spirit naturally as proud as his own, and accustomed, during near half a century, to the most respectful observance. But there was a wide difference between the haughty daughter of Henry and her successor. James was timid from the cradle. His nerves, naturally weak, had not been fortified by reflection or by habit. His life, till he came to England, had been a series of mortifications and humiliations. With all his high notions of the origin and extent of his prerogatives, he was never his own master for a day. In spite of his kingly title, in spite of his despotic theories, he was to the last a slave at heart. Villiers treated him like one; and this course, though adopted, we believe, merely from temper, succeeded as well as if it had been a system of policy formed after mature deliberation.

In generosity, in sensibility, in capacity for friendship, Essex far surpassed Buckingham. Indeed, Buckingham can scarcely be said to have had any friend, with the exception of the two princes over whom successively he exercised so wonderful an influence. Essex was to the last adored by the people. Buckingham was always a most unpopular man, except perhaps for a very short time after his return from the childish visit to Spain. Essex fell a victim to the rigour of the Government amidst the lamentations of the people. Buckingham, execrated by the people, and solemnly declared a public enemy by the representatives of the people, fell by the hand of one of the people, and was lamented by none but his master.

The way in which the two favourites acted towards Bacon was highly characteristic, and may serve to illustrate the old and true saying, that a man is generally more inclined to feel kindly towards one on whom he has conferred favours than towards one from whom he has received them. Essex loaded Bacon with benefits, and never thought that he had done enough. It seems never to have crossed the mind of the powerful and wealthy noble that the poor barrister whom he treated with such munificent kindness was not his equal. It was, we have no doubt, with perfect sincerity that the Earl declared that he would willingly give his sister or daughter in marriage to his friend. He was in general more than sufficiently sensible of his own merits; but he did not seem to know that he had ever deserved well of Bacon. On that cruel day when they saw each other for the last time at the bar of the Lords, Essex taxed his perfidious friend with unkindness and insincerity, but never with ingratitude. Even in such a moment, more bitter than the bitterness of death, that noble heart was too great to vent itself in such a reproach.

Villiers, on the other hand, owed much to Bacon. When their acquaintance began, Sir Francis was a man of mature age, of high station, and of established fame as a politician, an advocate, and a writer. Villiers was little more than a boy, a younger son of a house then of no great note. He was but just entering on the career of court favour; and none but the most discerning observers could as yet perceive that he was likely to distance all his competitors. The countenance and advice of a man so highly distinguished as the Attorney-General, must have been an object of the highest importance to the young adventurer. But though Villiers was the obliged party, he was far less warmly attached to Bacon, and far less delicate in his conduct towards Bacon, than Essex had been.

To do the new favourite justice, he early exerted his influence in behalf of his illustrious friend. In 1616 Sir Francis was sworn of the Privy Council, and in March 1617, on the retirement of Lord Brackley, was appointed Keeper of the Great Seal.

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. Everything 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 case 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 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