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the political friends of Buckingham, and fraught | with bitterness from the opposition of Lady Hatton, the young lady's mother, upon whom her fortune mainly depended. Bacon's dislike to Coke, and the possible consequences to himself from this alliance, were supposed by Buckingham to have influenced this unwise interference; which he resented, first by a cold silence, and afterwards by several haughty and bitter letters: and so effectually excited the king's displeasure, that, on his return, he sharply reprimanded in the privy council those persons who had interfered in this business. Buckingham, who could show his power, as well in allaying as in raising a storm, was soon ashamed of the king's violence, and, seeing the ridicule that must arise from his inflating a family quarrel into a national grievance, interceded "on his knees" for Bacon. A reconciliation, of course, took place, but not without disgrace to all the parties concerned; exhibiting on the one part unbecoming violence, and on the other the most abject servility. The marriage, which had occasioned so much strife, was solemnized at the close of the month of September; and Sir Edward Coke was recalled to the council table, where, after the death of Winwood, he did not long keep his seat.

This storm having subsided, the lord keeper turned his attention to the subject of finance, and endeavoured to bring the government expenses, now called the civil list, within the compass of the ordinary revenue; a measure more necessary, since there had never been any disposition in parliament to be as liberal to James as to his illustrious predecessor.

The difficulties which the council met in the projected retrenchments, from the officers of state whose interests were affected, confirmed the remark of Cardinal Richelieu, "that the reformation of a king's household is a thing more fit to be done than successfully attempted." This did not discourage the lord keeper, who went manfully to the work, and wrote freely to Buckingham and to the king himself, upon the necessity both of striking at the root, and lopping off the branches; of considering whether Ireland, instead of being a burden to England, ought not, in a great measure, to support itself; and of diminishing household expenses, and abridging pensions and gratuities. Notwithstanding these efforts to retrench all unnecessary expenditure in the household, the pecuniary distresses of the king were so great, that expedients, from which he ought to have been protected by the Commons, were adopted, and the grant of patents and infliction of fines was made a profitable source of revenue: although Bacon had, upon the death of Salisbury, earnestly prayed the king "not to descend to any means, or degree of means, which cometh not of a symmetry with his majesty and greatness.

While these exactions disclosed to the people the king's poverty, they could daily observe his profuse expenditure and lavish bounty to his favourite; recourse, therefore, was had to Buckingham by all suitors; but neither the distresses of the king, nor the power of the favourite, deterred the lord keeper from staying grants and patents, when his public duty demanded this interposition: an interference which, if Buckingham really resented, he concealed his displeasure; as, so far from expressing himself with his usual haughtiness, he thanked his friend, telling him that he "desired nothing should pass the seal except what was just or convenient."

On the 4th of January, 1618, the lord keeper was created Lord High Chancellor of England, and, in July, Baron of Verulam, to which, as stated in the preamble to the patent of nobility, witnessed by the Prince of Wales, Duke of Lenox, and many of the first nobility, the king was "moved by the grateful sense he had of the many faithful services rendered him by this worthy person." In the beginning of the same year the Earl of Buckingham was raised to the degree of marquis.

In August, 1618, the lord keeper, with a due sense of the laudable intentions of the founder, stayed a patent for the foundation of Dulwich College, from the conviction that education was the best charity, and would be best promoted by the foundation of lectures in the university. This, his favourite opinion, which he, when solicitorgeneral, had expressed in his tract upon Sutton's Hospital, and renewed in his will, was immediately communicated to Buckingham, to whom he suggested that part of the founder's bounty ought to be appropriated to the advancement of learning.

Firm, however, as Bacon was with respect to patents, his wishes, as a politician, to relieve the distresses of the king, seem to have had some tendency to influence his mind as a judge. In one of his letters he expresses his anxiety to accellerate the prosecution, saying, "it might, if wind and weather permit, come to hearing in the term ;" and in another he says, "the evidence went well, and I will not say I sometimes helped it as far as was fit for a judge."

So true is it, as Bacon himself had taught, that a judge ought to be of a retired nature, and unconnected with politics. So certain is the injury to the administration of justice, from the attempt to blend the irreconcileable characters of judge and politician: the judge unbending as the oak, the politician pliant as the osier: the judge firm and constant, the same to all men; the politician, ever varying,

"Orpheus in sylvis, inter delphinas Arion."

It was, about this time, discovered that several Dutch merchants of great opulence had exported gold and silver to the amount of some millions.

There are various letters extant upon this subject, | God, in the maintenance of the prerogative, and exhibiting the king's pecuniary distresses, his to oblige the hearts of the people to him by the rash facility in making promises, and the discon-administration of justice." tent felt by the people at his improvidence, and partiality for his own countrymen.

Though evidently rejoicing at this windfall for his royal master, Bacon, regardless of the importunities of the attorney-general, refused to issue writes of ne exeat against the merchants till he had obtained evidence to warrant his interposition, and cautioned his majesty against granting the forfeitures accruing from this discovery. He entreated that a commission might be formed, impowering Sir E. Coke, the chancellor of the exchequer, the lord chief justice, and himself, to investigate this matter. These observations were well received, and immediately adopted by the king; and although informations were filed against a hundred and eighty, only twenty of the principal merchants were tried and convicted. They were fined to the amount of £100,000, which, by the intercession of Buckingham, was afterwards remitted to about £30,000. The rest of the prosecutions were stayed at his instance, intercession having been made to him by letters from the States-General, and probably by the merchants themselves, in the way in which he was usually approached by applicants.

While this cause was pending, the Earl of Suffolk, lord treasurer, was prosecuted, with his lady, in the Star Chamber, for trafficking with the public money to the amount of £50,000; and they were sentenced to imprisonment and fine, not, according to the judgment of Sir Edward Coke, of £100,000, but of £30,000. Bacon commended Coke to the king, as having done his part excellently, but pursued his own constant course, activity in detecting the offence, and moderation in punishing the offender. After a short confinement they were released at the intercession of Buckingham, and the fine reduced to £7,000.

From these political expedients he turned to his more interesting judicial duties. How strenuously he exerted himself in the discharge of them may be seen in his honest exultation to Buckingham, and may be easily conceived by those who know how indefatigable genius is in any business in which it is interested: how ardent and strenuous it is in encountering and subduing all difficulties to which it is opposed.

In a letter to Buckingham, of the 8th of June, 1617, he says, "This day I have made even with the business of the kingdom for common justice; not one cause unheard; the lawyers drawn dry of all the motions they were to make; not one petition unanswered. And this, I think, could not be said in our age before. This I speak, not out of ostentation, but out of gladness, when I have done my duty. I know men think I cannot continue if I should thus oppress myself with business: but that account is made. The duties of life are more than life; and if I die now, I shall die before the world be weary of me, which in our times is somewhat rare." And in two other letters he, from the same cause, expresses the same joy.

These exertions did not secure him from the interference of Buckingham, or protect him, as they have never protected judge, from misrepresentation and calumny; but, unmoved by friendship or by slander, he went right onward in his course. He acted as he taught, from the conviction, that "a popular judge is a deformed thing: and plaudits are fitter for players than magistrates. Do good to the people, love them, and give them justice, but let it be nihil inde expectantes;' looking for nothing, neither praise nor profit."

Notwithstanding Bacon's warning to Buckingham, that he ought not, as a statesman, The motives by which Buckingham was influ- to interfere, either by word or letter, in any enced in this and similar remissions, may possibly cause depending, or like to be depending in be collected from his conduct in the advance- any court of justice, the temptations to Buckment of Lord Chief Justice Montagu, who, for a ingham were, it seems, too powerful to induce sum of £20,000, was appointed to the treasurer-him to attend to this admonition, in resistship, vacated by the removal of Lord Suffolk, and was created a peer; for which offence this dispenser of the king's favours was, in the reign of Charles the First, impeached by the Commons; but he, after the death of Bacon and of the king, solemnly denied the accusation, by protesting "that the sum was a voluntary loan to the king by the lord treasurer, after his promotion, and not an advance to obtain the appointment."

Such were the occupations to which this phiJosopher was doomed; occupations which, even as chancellor, he regretted, saying, most truly, "I know these things do not pertain to me; for my part is to acquit the king's office towards

ance of a custom so long established and so deeply seated, that the applications were, as a matter of course, made to statesmen and to judges, by the most respectable members of the community, and by the two universities.

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Early in March, Sir Francis was appointed lord keeper, and, on the 4th of April, Buckingham thus wrote: My honourable lord :-Whereas the late lord chancellor thought it fit to dismiss out of the chancery a cause touching Henry Skipwith to the common law, where he desireth it should be decided; these are to entreat your lordship in the gentleman's favour, that if the adverse party shall attempt to bring it now back.

again into your lordship's court, you would not retain it there, but let it rest in the place where now it is, that without more vexation unto him in posting him from one to another, he may have a final hearing and determination thereof. And so I rest your lordship's ever at command,

"G. BUCKINGHAM.

"My lord, this is a business wherein I spake to my lord chancellor, whereupon he dismissed the suit."

he hath always despised riches, and set honour and justice before his eyes. My lords, I was of counsel with Fisher, and I knew the merits of the cause, for my lord chancellor seeing what recompense Fisher ought in justice to have received, and finding a disability in Wraynham to perform it, was enforced to take the land from Wraynham to give it to Fisher, which is hardly of value to satisfy Fisher's true debt and damages." Wraynham was convicted by the unanimous

Scarcely a week passed without a repetition of opinion of the court; and the Archbishop of Canthese solicitations.

When Sir Francis was first intrusted with the great seal, he found a cause entitled Fisher v. Wraynham, which had been in the court from the year 1606. He immediately examined the proceedings, and, having ordered the attendance of the parties, and heard the arguments of counsel, he terminated this tedious suit, by decreeing against the defendant Wraynham, who was a man described as holding a smooth pen and a fine speech, but a fiery spirit. He immediately published a libel against the chancellor and the late master of the rolls: for which he was prosecuted in the Star Chamber.

Sir Henry Yelverton, in stating the case, said, "I was of counsel with Mr. Wraynham, and pressed his cause as far as equity would suffer. But this gentleman being of an unquiet spirit, after a secret murmuring, breaks out in a complaint to his majesty, and not staying his return out of Scotland, but fancying to himself, as if he saw some cloud arising over my lord, compiled his undigested thoughts into a libel, and fastens it on the king. And his most princely majesty finding it stuffed with most bitter reviling speeches against so great and worthy a judge, hath of himself commanded me this day to set forth and manifest his fault unto your lordships, that so he might receive deserved punishment. In this pamphlet Mr. Wraynham saith, he had two decrees in the first lord chancellor's time, and yet are both cancelled by this lord chancellor in a preposterous manner: without cause; without matter; without any legal proceedings; without precedent, upon the party's bare suggestions, and without calling Mr. Wraynham to answer: to reward Fisher's fraud and perjuries; to palliate his unjust proceedings; and to confound Wraynham's estate: and that my lord was therein led by the rule of his own fancy. But he stayeth not here. Not content to scandalize the living, he vilifies the dead, the master of the rolls, a man of great understanding, great pains, great experience, great dexterity, and of great integrity; yet, because he followed not this man's humour in the report thereof, he brands him with aspersions."

And Mr. Sergeant Crowe, who was also counsel for the prosecution, said, "Mr. Wraynham, thus to traduce my lord, is a foul offence; you cannot traduce him of corruption, for, thanks be to God, VOL. I.-(10)

terbury, in delivering his judgment, said, "The fountain of wisdom hath set this glorious work of the world in the order and beauty wherein it stands, and hath appointed princes, magistrates, and judges, to hear the causes of the people. It is fitting, therefore, to protect them from the slanders of wicked men, that shall speak evil of magistrates and men in authority, blaspheming them. And therefore, since Wraynham hath blasphemed and spoken evil, and slandered a chief magistrate, it remaineth, that in honour to God, and in duty to the king and kingdom, he should receive severe punishment."

According to the custom of the times, a suit of hangings for furniture, worth about £160, was presented to the lord chancellor, on behalf of Fisher, by Mr. Shute, who, with Sir Henry Yelverton, was one of his counsel in the cause.

This present was not peculiar to the cause Wraynham and Fisher, but presents on behalf of the respective suitors were publicly made by the counsel in the cause, and were offered by the most virtuous members of the community, without their having, or being supposed to have any influence upon the judgment of the court.

In the cause of Rowland Egerton and Edward Egerton, £400 was presented before the award was made, on behalf of Edward, by the counsel in the cause, Sir Richard Young and Sir George Hastings, who was also a member of the house of commons, but the lord keeper decided against him: and £300 was presented on behalf of Rowland, after the award was made in his favour by the chancellor and Lord Hobart; and in the cause of Awbrey and Bronker, £100 was presented on behalf of Awbrey, before the decree, by his counsel, Sir George Hastings, and a severe decree was made against Awbrey.

In a reference between the company of grocers and apothecaries, the grocers presented £200, and the apothecaries a taster of gold, and a present of ambergris.

In the cause of Hody and Hody, which was for a great inheritance, a present of gold buttons, worth about £50, was given by Sir Thomas Perrot, one of the counsel in the cause, after the suit was ended.

This slander of Wraynham's was not the only evil to which he was exposed.

On the 12th of November, 1616, John Bertram. (G)

judge, he availed himself of the opportunity to explain the nature of judicial virtues, of which an extensive outline may be seen in his works.

a suitor in chancery, being displeased with a re- the care of great: and, upon the promotion of any port made by Sir John Tindal, one of the masters of the court, shot him dead as he was alighting from his carriage, and, upon his committal to prison, he destroyed himself. An account of this murder was published under the superintendence of Sir Francis, to counteract the erroneous opinions which had been circulated through the country, and the false commiseration which the misery of this wretched offender had excited, in times when the community was alive to hear any slander against the administration of justice.

"The judge is a man of ability, drawing his learning out of his books, and not out of his brain; rather learned than ingenious; more plausible than witty; more reverend than plausible. He is a man of gravity; of a retired nature, and unconnected with politics: his virtues are inlaid, not embossed. He is more advised than confident. -He has a right understanding of justice, dependWhen the morbid feeling of insane minds is ing not so much on reading other men's writings, as awakened, there is always some chance of a re- upon the goodness of his own natural reason and petition of its outrages. Towards the end of the meditation. He is of sound judgment; not diyear the lord keeper was in danger of sharing the verted from the truth by the strength of immedifate of Sir John Tindal, from the vindictive ate impression. He is a man of integrity :-of temper of Lord Clifton, against whom a decree well regulated passions; beyond the influence had been made, who declared publicly that "he either of anger, by which he may be incapable of was sorry he had not stabbed the lord keeper in judging, or of hope, either of money or of worldly his chair the moment he pronounced judgment." advancement, by which he may decide unjustly; As soon as this misguided suitor, who afterwards or of fear, either of the censure of others, which destroyed himself, was comitted to the tower, is cowardice, or of giving pain when it ought to be Bacon wrote to Buckingnam, saying, "I pray given, which is improper compassion. He is your lordship in humbleness to let his majesty just both in private and in public.—He without know that I little fear the Lord Clifton, but I solicitation accepts the office, with a sense of much fear the example, that it will animate ruf- public duty.-He is patient in hearing, in inquiry, fians and rodomonti extremely against the seats and in insult; quick in apprehension, slow in of justice, which are his majesty's own seats, anger.-His determination to censure is always yea, and against all authority and greatness, if painful to him, like Cæsar, when he threatened this pass without public censure and example, it Metellus with instant death, Adolescens, durius having gone already so far as that the person of est mihi hoc dicere quam facere.'-He does not a baron hath been committed to the Tower. The affect the reputation of despatch, nor forget that punishment it may please his majesty to remit, an over-speaking judge is no well-tuned cymbal. and I shall, not formally but heartily, intercede for-He is diligent in discovering the merits of the him, but an example, setting myself aside, I wish for terror of persons that may be more dangerous than he, towards the first judge of the kingdom." Not content with discharging the common duties of a judge, he laboured, whenever an opportunity offered, to improve the administration of justice.

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cause: by his own exertions; from the witness, and the advocates.-He is cautious in his judgment; not forming a hasty opinion: not tenacious in retaining an opinion when formed: never ashamed of being wiser to-day than he was yesterday:' never wandering from the substance of the matter in judgment into useless subtilty and refinement. - He does not delay justice.-He is impartial; never suffering any passion to interfere with the love of truth.—He hears what is spoken, not who speaks: whether it be the sovereign, or a pauper; a friend, or a foe; a favourite advocate, or an intelligent judge.—He decides according to law; 'jus dicere: non jus dare,' is his maxim.-He delivers his judg ment in public, palam atque astante corona.'

He carried into effect the proposal, which, when attorney-general, he had submitted to the king, that two legal reporters, with an annual stipend to each of £100, should be appointed. He realized the intention, which he expressed upon taking his seat, by issuing ordinances for the better administration of justice in the chancery, upon which the practice of the court at this day is founded. Before the circuits he assembled the judges, and explained his views of their "He discharges his duty to all persons.-To duties, when they, as the planets of the kingdom, the suitors, by doing justice, and by endeavouring were representing their sovereign, in the adminis- to satisfy them that justice is done :-to the wittration of law and justice;-to advance kind feel-nesses, by patience, kindness, and by encourageing and familiar intercourse, he introduced a mode, ment;-to the jurors, by being a light to lead at that time not usual, of inviting the judges to dinner; thus manifesting, as he says in a letter to Lord Burleigh, that it is ever a part of wisdom not to exclude inferior matters of access amongst

them to justice:-to the advocates, by hearing them patiently; correcting their defects, not suffering justice to be perverted by their ingenuity, and encouraging their merits :-to the inferior

About this period the king conferred upon him the valuable farm of the Alienation Office, and he succeeded in obtaining for his residence, York House, the place of his birth, and where his father had lived, when lord keeper in the reign of Elizabeth.

officers, by rewarding the virtuous; skilful in pre- Such was the gorgeous splendour, such the cedents, wary in proceeding, and understanding union of action and contemplation in which he in the business of the court; and discountenanc-lived. ing the vicious, sowers of suits, disturbers of jurisdiction, impeders, by tricks and shifts, of the plain and direct course of justice, and bringing it into oblique lines and labyrinths: and the poller and exacter of fees, who justifies the common resemblance of the courts to the bush, whereunto, while the sheep flies for defence in weather, he is sure to lose part of his fleece:-to himself, by counteracting the tendency of his situation to warp his character, and by proper use of times of recreation:-to his profession, by preserving the privileges of his office, and by improvement of the law-and to society, by advancing justice and good feeling, in the suppression of force and detection of fraud; in readiness to hear the complaints of the distressed; in looking with pity upon those who have erred and strayed; in courtesy; in discountenancing contentious suits; in attending to appearances, esse et videri; in encouraging respect for the office; and by resigning in due time."

This may be considered the summit of this great man's worldly prosperity. He had been successively solicitor and attorney-general, privy councillor, lord keeper, and lord chancellor, having had conferred upon him the dignities, first of knight, then of Baron of Verulam, and, early in the next year, of Viscount St. Albans; but, above all, he was distinguished through Europe by a much prouder title, as the greatest of English philosophers.

At York House, on the 22d of January, 1620, he celebrated his sixtieth birthday, surrounded by his admirers and friends, amongst whom was Ben Jonson, who composed, in honour of the day, a poem founded on the fiction of the poet's surprise In his youth he had exerted himself to improve upon his reaching York House, at the sight of the the gardens of Gray's Inn: in gardens he always genius of the place performing some mystery. delighted, thinking them conducive to the purest Fortune is justly represented insecurely placed of human pleasures, and he now, as chancellor, upon a wheel, whose slightest revolution may had the satisfaction to sign the patent for convert-cause her downfall. It has been said that wailing ing Lincoln's Inn Fields into walks, extending almost to the wall where his faithful friend Ben Jonson had, when a boy, worked as a bricklayer.

For relaxation from his arduous occupations he was accustomed to retire to his magnificent and beautiful residence at Gorhambury, the dwellingplace of his ancestors, where," when his lordship arrived, St. Albans seemed as if the court had been there, so nobly did he live. His servants had liveries with his crest: his watermen were more employed than even the king's."

About half a mile from this noble mansion, of

sounds were heard, before the destruction of the Temple of Jerusalem, and at last the rushing of mighty wings when the angel of the sanctuary departed. Had the poet been a prophet, he would have described the good genius of the mansion, not exulting, but dejected, humbled, and about to depart forever.

CHAPTER III.

TO HIS RETIREMENT FROM ACTIVE LIFE.

October, 1620, to June, 1621.

which the ruins yet remain, and within the bounds FROM THE PUBLICATION OF THE NOVUM ORGANUM of Old Verulam, the lord chancellor built, at the expense of about £10,000, a most ingeniously contrived house, where, in the society of his philosophical friends, he escaped from the splendour of chancellor, to study and meditation. "Here," says Aubrey, "his lordship much meditated, his servant, Mr. Bushell, attending him with his pen and inkhorn, to set down his present notions. Mr. Thomas Hobbes told me that his lordship would employ him often in this service, whilst he was there, and was better pleased with his minutes, or notes, set down by him, than by others who did not well understand his lordship. He told me that he was employed in translating" Because I number my days, and would have it part of the Essays, viz. three of them, one whereof was that of Greatness of Cities, the other two I have now forgot."

GLITTERING in the blaze of worldly splendour, and absorbed in worldly occupations, the chancellor, now sixty years of age, could no longer delude himself with the hope of completing his favourite work, the great object of his life, upon which he had been engaged for thirty years, and had twelve times transcribed with his own hand. He resolved at once to abandon it, and publish the small fragment which he had composed. For this act of despair he assigned two reasons:

saved;" and "to try whether I can get help in one intended part of this work, namely, the compiling of a Natural and Experimental History,

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