Томас Бабингтон Маколей
Critical and Historical Essays. Volume 2
Bacon tried to play a very difficult game in politics. He wished to be at once a favourite at Court and popular with the multitude. If any man could have succeeded in this attempt, a man of talents so rare, of judgment so prematurely ripe, of temper so calm, and of manners so plausible, might have been expected to succeed. Nor indeed did he wholly fail. Once, however, he indulged in a burst of patriotism which cost him a long and bitter remorse, and which he never ventured to repeat. The Court asked for large subsidies and for speedy payment. The remains of Bacon’s speech breathe all the spirit of the Long Parliament. “The gentlemen,” said he, “must sell their plate, and the farmers their brass pots, ere this will be paid; and for us, we are here to search the wounds of the realm, and not to skim them over. The dangers are these. First, we shall breed discontent and endanger her Majesty’s safety, which must consist more in the love of the people than their wealth. Secondly, this being granted in this sort, other princes hereafter will look for the like; so that we shall put an evil precedent on ourselves and our posterity; and in histories, it is to be observed, of all nations the English are not to be subject, base, or taxable.” The Queen and her Ministers resented this outbreak of public spirit in the highest manner. Indeed, many an honest member of the House of Commons had, for a much smaller matter, been sent to the Tower by the proud and hot-blooded Tudors. The young patriot condescended to make the most abject apologies. He adjured the Lord Treasurer to show some favour to his poor servant and ally. He bemoaned himself to the Lord Keeper, in a letter which may keep in countenance the most unmanly of the epistles which Cicero wrote during his banishment. The lesson was not thrown away. Bacon never offended in the same manner again.
He was now satisfied that he had little to hope from the patronage of those powerful kinsmen whom he had solicited during twelve years with such meek pertinacity; and he began to look towards a different quarter. Among the courtiers of Elizabeth had lately appeared a new favourite, young, noble, wealthy, accomplished, eloquent brave, generous, aspiring; a favourite who had obtained from the grey-headed Queen such marks of regard as she had scarce vouchsafed to Leicester in the season of the passions; who was at once the ornament of the palace and the idol of the city; who was the common patron of men of letters and of men of the sword; who was the common refuge of the persecuted Catholic and of the persecuted Puritan. The calm prudence which had enabled Burleigh to shape his course through so many dangers, and the vast experience which he had acquired in dealing with two generations of colleagues and rivals, seemed scarcely sufficient to support him in this new competition; and Robert Cecil sickened with fear and envy as he contemplated the rising fame and influence of Essex.
The history of the factions which, towards the close of the reign of Elizabeth, divided her court and her council, though pregnant with instruction, is by no means interesting or pleasing. Both parties employed the means which are familiar to unscrupulous statesmen; and neither had, or even pretended to have, any important end in view. The public mind was then reposing from one great effort, and collecting strength for another. That impetuous and appalling rush with which the human intellect had moved forward in the career of truth and liberty, during the fifty years which followed the separation of Luther from the communion of the Church of Rome, was now over. The boundary between Protestantism and Popery had been fixed very nearly where it still remains. England, Scotland, the Northern kingdoms were on one side; Ireland, Spain, Portugal, Italy, on the other. The line of demarcation ran, as it still runs, through the midst of the Netherlands, of Germany, and of Switzerland, dividing province from province, electorate from electorate, and canton from canton. France might be considered as a debatable land, in which the contest was still undecided. Since that time, the two religions have done little more than maintain their ground. A few occasional incursions have been made. But the general frontier remains the same. During two hundred and fifty years no great society has risen up like one man, and emancipated itself by one mighty effort from the superstition of ages. This spectacle was common in the sixteenth century. Why has it ceased to be so? Why has so violent a movement been followed by so long a repose? The doctrines of the Reformers are not less agreeable to reason or to revelation now than formerly. The public mind is assuredly not less enlightened now than formerly. Why is it that Protestantism, after carrying everything before it in a time of comparatively little knowledge and little freedom, should make no perceptible progress in a reasoning and tolerant age; that the Luthers, the Calvins, the Knoxes, the Zwingles, should have left no successors; that during two centuries and a half fewer converts should have been brought over from the Church of Rome than at the time of the Reformation were sometimes gained in a year? This has always appeared to us one of the most curious and interesting problems in history. On some future occasion we may perhaps attempt to solve it. At present it is enough to say that, at the close of Elizabeth’s reign, the Protestant party, to borrow the language of the Apocalypse, had left its first love and had ceased to do its first works.
The great struggle of the sixteenth century was over. The great struggle of the seventeenth century had not commenced. The confessors of Mary’s reign were dead. The members of the Long Parliament were still in their cradles. The Papists had been deprived of all power in the State. The Puritans had not yet attained any formidable extent of power. True it is that a student, well acquainted with the history of the next generation, can easily discern in the proceedings of the last Parliaments of Elizabeth the germ of great and ever memorable events. But to the eye of a contemporary nothing of this appeared. The two sections of ambitious men who were struggling for power differed from each other on no important public question. Both belonged to the Established Church. Both professed boundless loyalty to the Queen. Both approved the war with Spain. There is not, as far as we are aware, any reason to believe that they entertained different views concerning the succession to the Crown. Certainly neither faction had any great measure of reform in view. Neither attempted to redress any public grievance. The most odious and pernicious grievance under which the nation then suffered was a source of profit to both, and was defended by both with equal zeal. Raleigh held a monopoly of cards, Essex a monopoly of sweet wines. In fact, the only ground of quarrel between the parties was that they could not agree as to their respective shares of power and patronage.
Nothing in the political conduct of Essex entitles him to esteem; and the pity with which we regard his early and terrible end is diminished by the consideration, that he put to hazard the lives and fortunes of his most attached friends, and endeavoured to throw the whole country into confusion, for objects purely personal. Still, it is impossible not to be deeply interested for a man so brave, high-spirited, and generous; for a man who, while he conducted himself towards his sovereign with a boldness such as was then found in no other subject, conducted himself towards his dependants with a delicacy such as has rarely been found in any other patron. Unlike the vulgar herd of benefactors, he desired to inspire, not gratitude, but affection. He tried to make those whom he befriended feel towards him as towards an equal. His mind, ardent, susceptible, naturally disposed to admiration of all that is great and beautiful, was fascinated by the genius and the accomplishments of Bacon. A close friendship was soon formed between them, a friendship destined to have a dark, a mournful, a shameful end.
In 1594 the office of Attorney-General became vacant, and Bacon hoped to obtain it. Essex made his friend’s cause his own, sued, expostulated, promised, threatened, but all in vain. It is probable that the dislike felt by the Cecils for Bacon had been increased by the connection which he had lately formed with the Earl. Robert was then on the point of being made Secretary of State. He happened one day to be in the same coach with Essex, and a remarkable conversation took place between them. “My Lord,” said Sir Robert, “the Queen has determined to appoint an Attorney-General without more delay. I pray your Lordship to let me know whom you will favour.” “I wonder at your question,” replied the Earl. “You cannot but know that resolutely, against all the world, I stand for your cousin, Francis Bacon.” “Good Lord!” cried Cecil, unable to bridle his temper, “I wonder your Lordship should spend your strength on so unlikely a matter. Can you name one precedent of so raw a youth promoted to so great a place?” This objection came with a singularly bad grace from a man who, though younger than Bacon, was in daily expectation of being made Secretary of State. The blot was too obvious to be missed by Essex, who seldom forbore to speak his mind. “I have made no search,” said he, “for precedents of young men who have filled the office of Attorney-General. But I could name to you, Sir Robert, a man younger than Francis, less learned, and equally inexperienced, who is suing and striving with all his might for an office of far greater weight.” Sir Robert had nothing to say but that he thought his own abilities equal to the place which he hoped to obtain, and that his father’s long services deserved such a mark of gratitude from the Queen; as if his abilities were comparable to his cousin’s, or as if Sir Nicholas Bacon had done no service to the State. Cecil then hinted that, if Bacon would be satisfied with the Solicitorship, that might be of easier digestion to the Queen. “Digest me no digestions,” said the generous and ardent Earl. “The Attorneyship for Francis is that I must have; and in that I will spend all my power, might, authority, and amity; and with tooth and nail procure the same for him against whomsoever; and whosoever getteth this office out of my hands for any other, before he have it, it shall cost him the coming by. And this be you assured of, Sir Robert, for now I fully declare myself; and for my own part, Sir Robert, I think strange both of my Lord Treasurer and you, that can have the mind to seek the preference of a stranger before so near a kinsman; for if you weigh in a balance the parts every way of his competitor and him, only excepting five poor years of admitting to a house of court before Francis, you shall find in all other respects whatsoever no comparison between them.”
When the office of Attorney-General was filled up, the Earl pressed the Queen to make Bacon Solicitor-General, and, on this occasion, the old Lord Treasurer professed himself not unfavourable to his nephew’s pretensions. But after a contest which lasted more than a year and a half, and in which Essex, to use his own words, “spent all his power, might, authority, and amity,” the place was given to another. Essex felt this disappointment keenly, but found consolation in the most munificent and delicate liberality. He presented Bacon with an estate worth near two thousand pounds, situated at Twickenham; and this, as Bacon owned many years after, “with so kind and noble circumstances as the manner was worth more than the matter.”
It was soon after these events that Bacon first appeared before the public as a writer. Early in 1597 he published a small volume of Essays, which was afterwards enlarged by successive additions to many times its original bulk. This little work was, as it well deserved to be, exceedingly popular. It was reprinted in a few months; it was translated into Latin, French, and Italian; and it seems to have at once established the literary reputation of its author. But, though Bacon’s reputation rose, his fortunes were still depressed. He was in great pecuniary difficulties; and, on one occasion, was arrested in the street at the suit of a goldsmith for a debt of three hundred pounds, and was carried to a spunging-house in Coleman Street.
The kindness of Essex was in the meantime indefatigable. In 1596 he sailed on his memorable expedition to the coast of Spain. At the very moment of his embarkation, he wrote to several of his friends, commending, to them, during his own absence, the interests of Bacon. He returned, after performing the most brilliant military exploit that was achieved on the Continent by English arms during the long interval which elapsed between the battle of Agincourt and that of Blenheim. His valour, his talents, his humane and generous disposition, had made him the idol of his countrymen, and had extorted praise from the enemies whom he had conquered. [See Cervantes’s Novela de la Espanola Inglesa.] He had always been proud and headstrong; and his splendid success seems to have rendered his faults more offensive than ever. But to his friend Francis he was still the same. Bacon had some thoughts of making his fortune by marriage, and had begun to pay court to a widow of the name of Hatton. The eccentric manners and violent temper of this woman made her a disgrace and a torment to her connections. But Bacon was not aware of her faults, or was disposed to overlook them for the sake of her ample fortune. Essex pleaded his friend’s cause with his usual ardour. The letters which the Earl addressed to Lady Hatton and to her mother are still extant, and are highly honourable to him. “If,” he wrote, “she were my sister or my daughter, I protest I would as confidently resolve to further it as I now persuade you”; and again, “If my faith be anything, I protest, if I had one as near me as she is to you, I had rather match her with him, than with men of far greater titles.” The suit, happily for Bacon, was unsuccessful. The lady indeed was kind to him in more ways than one. She rejected him; and she accepted his enemy. She married that narrow-minded, bad-hearted pedant, Sir Edward Coke, and did her best to make him as miserable as he deserved to be.
The fortunes of Essex had now reached their height, and began to decline. He possessed indeed all the qualities which raise men to greatness rapidly. But he had neither the virtues nor the vices which enable men to retain greatness long. His frankness, his keen sensibility to insult and injustice, were by no means agreeable to a sovereign naturally impatient of opposition, and accustomed, during forty years, to the most extravagant flattery and the most abject submission. The daring and contemptuous manner in which he bade defiance to his enemies excited their deadly hatred. His administration in Ireland was unfortunate, and in many respects highly blamable. Though his brilliant courage and his impetuous activity fitted him admirably for such enterprises as that of Cadiz, he did not possess the caution, patience, and resolution necessary for the conduct of a protracted war, in which difficulties were to be gradually surmounted, in which much discomfort was to be endured, and in which few splendid exploits could be achieved. For the civil duties of his high place he was still less qualified. Though eloquent and accomplished, he was in no sense a statesman. The multitude indeed still continued to regard even his faults with fondness. But the Court had ceased to give him credit, even for the merit which he really possessed. The person on whom, during the decline of his influence, he chiefly depended, to whom he confided his perplexities, whose advice he solicited, whose intercession he employed, was his friend Bacon. The lamentable truth must be told. This friend, so loved, so trusted, bore a principal part in ruining the Earl’s fortunes, in shedding his blood, and in blackening his memory.
But let us be just to Bacon. We believe that, to the last, he had no wish to injure Essex. Nay, we believe that he sincerely exerted himself to serve Essex, as long as he thought that he could serve Essex without injuring himself. The advice which he gave to his noble benefactor was generally most judicious. He did all in his power to dissuade the Earl from accepting the Government of Ireland. “For,” says he, “I did as plainly see, his overthrow chained as it were by destiny to that journey, as it is possible for a man to ground a judgment upon future contingents.” The prediction was accomplished. Essex returned in disgrace. Bacon attempted to mediate between his friend and the Queen; and, we believe, honestly employed all his address for that purpose. But the task which he had undertaken was too difficult, delicate, and perilous, even for so wary and dexterous an agent. He had to manage two spirits equally proud, resentful, and ungovernable. At Essex House, he had to calm the rage of a young hero incensed by multiplied wrongs and humiliations, and then to pass to Whitehall for the purpose of soothing the peevishness of a sovereign, whose temper, never very gentle, had been rendered morbidly irritable by age, by declining health, and by the long habit of listening to flattery and exacting implicit obedience. It is hard to serve two masters. Situated as Bacon was, it was scarcely possible for him to shape his course so as not to give one or both of his employers reason to complain. For a time he acted as fairly as, in circumstances so embarrassing, could reasonably be expected. At length he found that, while he was trying to prop the fortunes of another, he was in danger of shaking his own. He had disobliged both the parties whom he wished to reconcile. Essex thought him wanting in zeal as a friend: Elizabeth thought him wanting in duty as a subject. The Earl looked on him as a spy of the Queen; the Queen as a creature of the Earl. The reconciliation which he had laboured to effect appeared utterly hopeless. A thousand signs, legible to eyes far less keen than his, announced that the fall of his patron was at hand. He shaped his course accordingly. When Essex was brought before the council to answer for his conduct in Ireland, Bacon, after a faint attempt to excuse himself from taking part against his friend, submitted himself to the Queen’s pleasure, and appeared at the bar in support of the charges. But a darker scene was behind. The unhappy young nobleman, made reckless by despair ventured on a rash and criminal enterprise, which rendered him liable to the highest penalties of the law. What course was Bacon to take? This was one of those conjunctures which show what men are. To a high-minded man, wealth, power, court-favour, even personal safety, would have appeared of no account, when opposed to friendship, gratitude, and honour. Such a man would have stood by the side of Essex at the trial, would have “spent all his power, might, authority, and amity” in soliciting a mitigation of the sentence, would have been a daily visitor at the cell, would have received the last injunctions and the last embrace on the scaffold, would have employed all the powers of his intellect to guard from insult the fame of his generous though erring friend. An ordinary man would neither have incurred the danger of succouring Essex, nor the disgrace of assailing him. Bacon did not even preserve neutrality. He appeared as counsel for the prosecution. In that situation, he did not confine himself to what would have been amply sufficient to procure a verdict. He employed all his wit, his rhetoric, and his learning, not to ensure a conviction,—for the circumstances were such that a conviction was inevitable,—but to deprive the unhappy prisoner of all those excuses which, though legally of no value, yet tended to diminish the moral guilt of the crime, and which, therefore, though they could not justify the peers in pronouncing an acquittal, might incline the Queen to grant a pardon. The Earl urged as a palliation of his frantic acts that he was surrounded by powerful and inveterate enemies, that they had ruined his fortunes, that they sought his life, and that their persecutions had driven him to despair. This was true; and Bacon well knew it to be true. But he affected to treat it as an idle pretence. He compared Essex to Pisistratus, who, by pretending to be in imminent danger of assassination, and by exhibiting self-inflicted wounds, succeeded in establishing tyranny at Athens. This was too much for the prisoner to bear. He interrupted his ungrateful friend by calling on him to quit the part of an advocate, to come forward as a witness, and to tell the Lords whether, in old times, he, Francis Bacon, had not, under his own hand, repeatedly asserted the truth of what he now represented as idle pretexts. It is painful to go on with this lamentable story. Bacon returned a shuffling answer to the Earl’s question, and, as if the allusion to Pisistratus were not sufficiently offensive, made another allusion still more unjustifiable. He compared Essex to Henry Duke of Guise, and the rash attempt in the city to the day of the barricades at Paris. Why Bacon had recourse to such a topic it is difficult to say, It was quite unnecessary for the purpose of obtaining a verdict. It was certain to produce a strong impression on the mind of the haughty and jealous princess on whose pleasure the Earl’s fate depended. The faintest allusion to the degrading tutelage in which the last Valois had been held by the House of Lorraine was sufficient to harden her heart against a man who in rank, in military reputation, in popularity among the citizens of the capital, bore some resemblance to the Captain of the League.
Essex was convicted. Bacon made no effort to save him, though the Queen’s feelings were such that he might have pleaded his benefactor’s cause, possibly with success, certainly without any serious danger to himself. The unhappy nobleman was executed. His fate excited strong, perhaps unreasonable feelings of compassion and indignation. The Queen was received by the citizens of London with gloomy looks and faint acclamations. She thought it expedient to publish a vindication of her late proceedings. The faithless friend who had assisted in taking the Earl’s life was now employed to murder the Earl’s fame. The Queen had seen some of Bacon’s writings, and had been pleased with them. He was accordingly selected to write A Declaration of the Practices and Treasons attempted and committed by Robert Earl of Essex, which was printed by authority. In the succeeding reign, Bacon had not a word to say in defence of this performance, a performance abounding in expressions which no generous enemy would have employed respecting a man who had so dearly expiated his offences. His only excuse was, that he wrote it by command, that he considered himself as a mere secretary, that he had particular instructions as to the way in which he was to treat every part of the subject, and that, in fact, he had furnished only the arrangement and the style.
We regret to say that the whole conduct of Bacon through the course of these transactions appears to Mr. Montagu not merely excusable, but deserving of high admiration. The integrity and benevolence of this gentleman are so well known that our readers will probably be at a loss to conceive by what steps he can have arrived at so extraordinary a conclusion: and we are half afraid that they will suspect us of practising some artifice upon them when we report the principal arguments which he employs.
In order to get rid of the charge of ingratitude, Mr. Montagu attempts to show that Bacon lay under greater obligations to the Queen than to Essex. What these obligations were it is not easy to discover. The situation of Queen’s Counsel, and a remote reversion, were surely favours very far below Bacon’s personal and hereditary claims. They were favours which had not cost the Queen a groat, nor had they put a groat into Bacon’s purse. It was necessary to rest Elizabeth’s claims to gratitude on some other ground; and this Mr. Montagu felt. “What perhaps was her greatest kindness,” says he, “instead of having hastily advanced Bacon, she had, with a continuance of her friendship, made him bear the yoke in his youth. Such were his obligations to Elizabeth.” Such indeed they were.
Being the son of one of her oldest and most faithful Ministers, being himself the ablest and most accomplished young man of his time, he had been condemned by her to drudgery, to obscurity, to poverty. She had depreciated his acquirements. She had checked him in the most imperious manner, when in Parliament he ventured to act an independent part. She had refused to him the professional advancement to which he had a just claim. To her it was owing that, while younger men, not superior to him in extraction, and far inferior to him in every kind of personal merit, were filling the highest offices of the State, adding manor to manor, rearing palace after palace, he was lying at a spunging-house for a debt of three hundred pounds. Assuredly if Bacon owed gratitude to Elizabeth, he owed none to Essex. If the Queen really was his best friend, the Earl was his worst enemy. We wonder that Mr. Montagu did not press this argument a little further. He might have maintained that Bacon was excusable in revenging himself on a man who had attempted to rescue his youth from the salutary yoke imposed on it by the Queen, who had wished to advance him hastily, who, not content with attempting to inflict the Attorney-Generalship upon him, had been so cruel as to present him with a landed estate.
Again, we can hardly think Mr. Montagu serious when he tells us that Bacon was bound for the sake of the public not to destroy his own hopes of advancement, and that he took part against Essex from a wish to obtain power which might enable him to be useful to his country. We really do not know how to refute such arguments except by stating them. Nothing is impossible which does not involve a contradiction. It is barely possible that Bacon’s motives for acting as he did on this occasion may have been gratitude to the Queen for keeping him poor, and a desire to benefit his fellow-creatures in some high situation. And there is a possibility that Bonner may have been a good Protestant who, being convinced that the blood of martyrs is the seed of the Church, heroically went through all the drudgery and infamy of persecution, in order that he might inspire the English people with an intense and lasting hatred of Popery. There is a possibility that Jeffreys may have been an ardent lover of liberty, and that he may have beheaded Algernon Sydney, and burned Elizabeth Gaunt, only in order to produce a reaction which might lead to the limitation of the prerogative. There is a possibility that Thurtell may have killed Weare only in order to give the youth of England an impressive warning against gaming and bad company. There is a possibility that Fauntleroy may have forged powers of attorney, only in order that his fate might turn the attention of the public to the defects of the penal law. These things, we say, are possible. But they are so extravagantly improbable that a man who should act on such suppositions would be fit only for Saint Luke’s. And we do not see why suppositions on which no rational man would act in ordinary life should be admitted into history.
Mr. Montagu’s notion that Bacon desired power only in order to do good to mankind appears somewhat strange to us, when we consider how Bacon afterwards used power, and how he lost it. Surely the service which he rendered to mankind by taking Lady Wharton’s broad pieces and Sir John Kennedy’s cabinet was not of such vast importance as to sanctify all the means which might conduce to that end. If the case were fairly stated, it would, we much fear, stand thus: Bacon was a servile advocate, that he might be a corrupt judge.
Mr. Montagu maintains that none but the ignorant and unreflecting can think Bacon censurable for anything that he did as counsel for the Crown, and that no advocate can justifiably use any discretion as to the party for whom he appears. We will not at present inquire whether the doctrine which is held on this subject by English lawyers be or be not agreeable to reason and morality; whether it be right that a man should, with a wig on his head, and a band round his neck, do for a guinea what, without those appendages, he would think it wicked and infamous to do for an empire; whether it be right that, not merely believing but knowing a statement to be true, he should do all that can be done by sophistry, by rhetoric, by solemn asseveration, by indignant exclamation, by gesture, by play of features, by terrifying one honest witness, by perplexing another, to cause a jury to think that statement false. It is not necessary on the present occasion to decide these questions. The professional rules, be they good or bad, are rules to which many wise and virtuous men have conformed, and are daily conforming. If, therefore, Bacon did no more than these rules required of him, we shall readily admit that he was blameless, or, at least, excusable. But we conceive that his conduct was not justifiable according to any professional rules that now exist, or that ever existed in England. It has always been held that, in criminal cases in which the prisoner was denied the help of counsel, and above all, in capital cases, advocates were both entitled and bound to exercise a discretion. It is true that after the Revolution, when the Parliament began to make inquisition for the innocent blood which had been shed by the last Stuarts, a feeble attempt was made to defend the lawyers who had been accomplices in the murder of Sir Thomas Armstrong, on the ground that they had only acted professionally. The wretched sophism was silenced by the execrations of the House of Commons. “Things will never be well done,” said Mr. Foley, “till some of that profession be made examples.” “We have a new sort of monsters in the world,” said the younger Hampden, “haranguing a man to death. These I call bloodhounds. Sawyer is very criminal and guilty of this murder.” “I speak to discharge my conscience,” said Mr. Garroway. “I will not have the blood of this man at my door. Sawyer demanded judgment against him and execution. I believe him guilty of the death of this man. Do what you will with him.” “If the profession of the law,” said the elder Hampden, “gives a man authority to murder at this rate, 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.
