Bacon offended all parties in this business; the Cecils were not pacified, the friends of Essex were exasperated, the queen could not appreciate his involuntary obedience, and popular odium was his lot for years. He foresaw all this, and counted the cost; he did his duty by his friend, his queen, and his country, though no one thanked him for it. But while we deem Bacon justifiable, as counsel in both trials, up to this time, and cannot but express our surprise that they who, in order to implicate him, resolve the whole duty of man into gratitude, should have completely forgotten the boundless obligations which Essex was under to his sovereign, compared with which his derivative present of Twickenham estate to Bacon was a trumpery gratuity; we confess that he should not have identified himself with A Declaration of the Practices and Treasons attempted and committed by Robert late Earl of Essex. Bacon should have left the penning of that book to Cecil, or Raleigh. Her Majesty had no control of his pen, whatever claim she might have to his tongue. He was perfectly at liberty here, and the fact of his lending himself to the job of posthumous condemnation excites some suspicion of the performance itself. We have a right to insist upon no garbling. The diligence of Mr. Jardine, in his work on Criminal Trials, has discovered that Bacon has been guilty of several important sins of omission; that on comparing the depositions in the State Paper Office, which were proved on the trial of Essex, with those asserted by Bacon to be "taken out of the originals," those passages which show that the treasons of Essex were vague proposals, destitute of malice prepense, are carefully left out. When our author" gave only words and form of style" to this piece, (as he remarks in his Apology, from which we have often quoted, and to which we beg to refer our readers, for a very able and ingenuous statement of the whole business,) he gave every thing; he takes the court tract upon himself, and having afterwards acknowledged it, his reputation cannot be assoiled of it. Party morality, however, is notoriously lax; and literary hirelings now are not one jot less venal or less scrupulous than they were then. We believe that this was the first time that Bacon "lent" his pen.

We now come to Bacon's Speech on the Motion of a Subsidy, on the 7th of March, 1592, which was rather too free for her Majesty, and for which he apologized to the lord treasurer and lord keeper, in two letters which are preserved. An extract from Dewe's Journal of the House of Commons, places our author in the position of the country party. This isolated speech was never forgiven. Thenceforth he determined to identify himself with the court, though his policy lay with the independent interest, with which he would have been allpowerful, and by which he was afterwards brought so low.

James was now on the throne, and our assiduous author had in readiness for him A Proclamation, drawn for his Majesty's first coming in. It was never used, and every one of its many predictions or promises was falsified. The other Draft of a Proclamation touching his Majesty's Stile, is of a nobler cast, it is a most eloquent document, but it was never used. Bacon now grew rapidly into fortune and distinction.

The discourses on the Union of the kingdoms of England and Scotland are of permanent value, and the principles which he unfolds and illustrates, will be found by no means destitute of a powerful bearing on a moot question of modern times, which already agitates England and Ireland, and will soon be discussed upon a larger scale in America. The tracts and speeches on this business abound in eloquence and wisdom of the highest and most sterling quality. He opens the first discourse in a manner which must have somewhat puzzled his pedantic master.

"I do not find it strange, excellent king, that when Heraclitus, he that was surnamed the obscure, set forth a certain book which is not now extant, many men took it for a discourse of nature, and many others took it for a treatise of policy. For there is a great affinity and consent between the rules of nature and the true rules of policy; the one being nothing else but an order in the government of the world; and the other an order in the

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government of an estate. And therefore the education and erudition of the kings of Persia was in a science which was termed by a name then of great reverence, but now degenerate and taken in the ill part. For the Persian magic, which was the secret literature of their kings, was an application of the contemplations and observations of nature unto a sense politic; taking the fundamental laws of nature, and the branches and passages of them, as an original, a first model, whence to take and describe a copy and imitation for government." He then produces a few examples of his meaning, and inflicts upon the pupil of Buchanan his attempt to revive in one particular a wisdom almost lost.

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In the Articles or Considerations touching the Union of the Kingdoms, he seems to have abandoned the magic of the Persian and political chemistry, " for his Majesty's better service." He alludes however to the first tract: "In this argument I presumed at your Majesty's first entrance to write a few lines, indeed scholastically and speculatively, and not actively or politicly, as I held it fit for me at that time; when neither your Majesty was in that your desire declared, nor myself in that service used or trusted." And thus proceeds with the present one: But now that both your Majesty hath opened your desire and purpose with much admiration, even of those who give it not so full an approbation, and that myself was by the Commons graced with the first vote of all the Commons selected for that cause; not in any estimation of my ability, for therein so wise an assembly could not be so much deceived, but in an acknowledgment of my extreme labours and integrity in that business, I thought myself every way bound, both in duty to your Majesty, and in trust to that house of parliament, and in consent to the matter itself, and in conformity to mine own travels and beginnings, not to neglect any pains that may tend to the furtherance of so excellent a work; wherein I will endeavour that that which I shall set down be nihil minus quam verba: for length and ornament of speech are to be used for persuasion of multitudes, and not for information of kings; especially such a king as is the only instance that ever I knew to make a man of Plato's opinion, that all knowledge is but remembrance, and that the mind of man knoweth all things, and demandeth only to have her own notions excited and awaked.' This famous flattery finds its way into the Advancement of Learning. He therefore speaks to his Majesty as a remembrancer rather than as a counsellor, and lays before him the articles and points of this union, that he may the more readily call to mind which of them is to be embraced, and which to be rejected: which proceeded with presently, and which postponed; which required authority of parliament, and which should be effected by prerogative; and lastly, which would be difficult and which easy of accomplishment.

In addition to these able pamphlets, we have two great speeches on The General Naturalization of the Scottish Nation, and The Union of Laws.

In 1606 he presented to the king, as a new year's gift, Certain Considerations touching the Plantation in Ireland, a politic proposal most beautifully stated. It is the Essay on Plantations applied to a particular case. "It seemeth," says the mighty speculator, "God hath reserved to your Majesty's times two works, which amongst the works of kings have the supreme pre-eminence; the union, and the plantation of kingdoms." After adverting to the two heroical works, which the king was invited to undertake, the union of the island of Britain, and the plantation of great and noble parts of the island of Ireland, he adverts to the excellency of the latter, and the means of effecting it. Its excellency is fourfold-honour, policy, safety, and utility. Of the first of the four he had spoken already, were it not that the harp of Ireland puts him in mind of that glorious emblem or allegory, wherein the wisdom of antiquity did figure and shadow out works of this nature." But, referring our reader to the grand Orphean illustration, we only quote part of the last sentence that the work would be most memorable, "if your Majesty join the harp of David, in casting out the evil spirit of superstition, with the harp of Orpheus, in casting out deso

lation and barbarism." The means to effect the work consist in the encouragement of undertakers, and the order and policy of the project itself, both of which are discussed in a manner which would not disgrace a modern economist. The centralization system, which is the key to modern efforts of colonization, seems to have been clearly understood by him. It may be mentioned, that the Considerations touching the Queen's Service in Ireland, in which he addresses himself to four points-the extinction of the war, the recovery of the hearts of the people, the prevention of new troubles, and plantations and buildings-might have been incorporated with The New Year's Gift, instead of being placed among the letters written in Elizabeth's time.

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Some pregnant hints upon poor laws and education, will be found in his advice to the king touching the disposal of Mr. Sutton's estate. The property was great enough to lead into the discussion of three points, an hospital, a school, and a preacher. His views upon the first subject are in accordance with a recent measure of the legislature. “I commend most houses of relief and correction, which are mixt hospitals; where the impotent person is relieved, and the sturdy beggar buckled to work; and the unable person also not maintained to be idle, which is ever joined with drunkenness and impurity, but is sorted with such work as he can manage and perform: and where the uses are not distinguished as in other hospitals; whereof some are for aged and impotent, and some for children, and some for correction of vagabonds; but are general and promiscuous: so that they may take off poor of every sort from the country, as the country breeds them: and thus the poor themselves shall find the provision, and other people the sweetness of the abatement of the tax.” He would have no distracted government of these places, but every thing would be regulated by "a settled ordinance, subject to a regular visitation."

The fragment of the True Greatness of the Kingdom of Great Britain, is a very clear and deep dissertation. "I mean not to blazon and amplify, but only to observe and express matter;" and he is as good as his word, by confuting the errors, or rather correcting the excesses, of certain immoderate opinions, which ascribe too much to some points of greatness, which are not so essential, and by reducing those points to a true value and estimation: then by propounding and confirming those other points of greatness which are more solid and principal, though in popular discourse less observed: and incidentally by making a brief application, in both these parts, of these general principles to the state and condition of Great Britain. The negative and affirmative distribution of this extensive subject is most logical, but the only article which is finished is that on largeness of territory. The discussion of the second article," that there is too much ascribed to treasure or riches," so far as it goes, is the most striking and valuable part of the tract.

Bacon's Advice to Villiers when he became prime minister, is the manual of those courtiers who have the ambition to become statesmen. He advises the favourite " for his carriage in so eminent a place; next in particular by what means to give despatches to suitors of all soits, for the king's best service, the suitors' satisfaction, and his own ease." He gives free and sound general advice, and then divides public business into eight sorts. 1. Matters that concern religion, and the church and churchmen. 2. Matters concerning justice, and the laws, and the professors thereof. 3. Councillors, and the council table, and the great officers and offices of the kingdom. 4. Foreign negociations and embassies. 5. Peace both foreign and civil, and in that the navy and forts, and what belongs to them. 6. Trade at home and abroad. 7. Colonies, and foreign plantations. 8. The court and curiality. "Whatsoever," says Bacon, "will not fall naturally under one of these heads, believe me, sir, will not be worthy of your thoughts, in this capacity we now speak of. And of these sorts, I warrant you, you will find enough to keep you in business." Each head is discussed with equal brevity, prudence, and insight. He was an incomparable counsellor, and though the days of minions are over, there is much instruction for the soundest

and war,

politicians in this tract. The omission of the first article from the table of a statesman's business would very much simplify it, but that which was a stumbling stone to James, and a stumbling block to his son, is still the perpetually uppermost hinderance to all good and quiet government. So completely was this article a part of Bacon's political creed, that, when he had retired from public life, he sent "to the Right Reverend Father in God, Lancelot Andrews, Lord Bishop of Winchester, and Councillor of Estate to his Majesty," An Advertisement touching an Holy War; which he describes as "an argument, mixt of religious and civil considerations; and likewise mixt between contemplation and action." The modern reader will be surprised to learn that it is a dialogue on the lawfulness of a war for the propagating of religion! The king certainly had his hands full in trying to extirpate heresies, reconcile schisms, and reform manners, but our author was inclined to imagine that a crusade might be undertaken at the same time.

Milton was of a very different opinion. "Who is there that measures wisdom by simplicity, strength by suffering, dignity by lowliness? Who is there that counts it first to be last, something to be nothing, and reckons himself of great command in that he is a servant? Yet God, when he meant to subdue the world and hell at once, part of that to salvation, and this wholly to perdition, made choice of no other weapons or auxiliaries than these whether to save or to destroy. It had been a small mastery for him to have drawn his legions into array, and flanked them with his thunder; therefore he sent foolishness to confute wisdom, weakness to bind strength, despisedness to vanquish pride."

At the same time that our author was engaged with this Utopian project, he inscribed to Prince Charles Some Considerations touching a War with Spain, which is a most interesting document. He justifies the quarrel, balances the forces, and propounds a variety of designs for choice, in this commended expedition against an old and cruel enemy.

From the reports of his parliamentary speeches, we can form no adequate conception of his oratorical powers. He was, however, the most accomplished statesman and the most brilliant speaker of his age. A quotation from Jonson, who appears to have heard him. frequently, will tempt the reader to examine them for himself; and a finer description than "Rare Ben's" of the perfection of this art will not be found in any author.

"There happened in my time," says the learned poet," one noble speaker, the Lord Verulam, who was full of gravity in his speaking. His language, where he could pass by a jest, was nobly censorious. No man ever spake more neatly, more prestly, more weightily, or suffered less emptiness, less idleness in what he uttered. No member of his speech, but consisted of its own graces. His hearers could not cough or look aside without loss. He commanded where he spoke, and had his judges angry and pleased at his devotion. No man had their affections more in his power; the fear of every man that heard him was, lest he should make an end."

We are now to contemplate Bacon in the civil character which he sustained, as a lawyer. He was compelled to engage in the profession in consequence of the necessitous circumstances in which his father's sudden death left him; and notwithstanding other and more congenial pursuits, he became a thoroughly learned practitioner, rose slowly through all its gradations of dignity, and ultimately attained its highest honour. There can be no better proof of his acquirements than the jealousy of Sir Edward Coke, which, even at the commencement of his career, was perfectly uncontrollable. This irrefragable doctor was very hard to be convinced of the solidity and depth of Bacon's acquaintance with law. His own erudition was confined to, and only limited by, the vast circle of common-law jurisprudence,he was accomplished beyond all his contemporaries within this wide range, which he guarded like a dragon, and as he knew what it had cost him to become what he was, he had lost all taste for every thing else, depreciated what he had been compelled to sacrifice, and despised attainments in those departments of learning from which nature, education, and fortune had

excluded him. Without compeer as a "pleader," "reporter," or " compiler," he had as little to fear from our author in his own province, as he had to hope for out of it; and there is no doubt that professional collisions must soon have taught him that philosophy and law were by no means incompatible, that the aspirant he pretended to despise was not to be put down by him, or "cousin" Cecil either, and that his competitor would soon be pronounced by the bar, the senate, the court, and the world, to be the greater man of the two. Bacon was not a mere lawyer, but he was a first-rate one. The genius of the man was not more remarkable than his industry; and what is there in our laws, so subtle, extensive, or perplexed, that his vigorous and plastic intellect could not easily unravel, grasp, and master? all that was required was the will, and that was not wanting. His other writings show that he possessed common sense," sound roundabout common sense," in the highest degree, and those now to be examined form no exception to the remark.

We shall briefly notice his few professional works, and then advert to his much more valuable suggestions for the improvement of the law. As an expositor of feudal usages and fleeting decisions, he did little for his own age, and less for posterity; but as a philosophical jurist his views were remarkably sound, and his recommendations deserve the most serious attention.

The practical law writings have been those that have least contributed to his fame, though discovering the same grasp of thought, aptitude of expression, and profusion of illustration, which are displayed in his more renowned productions. Had he lived at a later period, his labours in this branch of study would have insured him a high standing among those who have not merely illustrated but improved the legal science. But any attempt to reduce it to elementary propositions, when every thing was in a transitionary state, could only be imperfectly successful, and if successful, of but temporary utility. He was therefore more happy in showing what was required for the elucidation and arrangement of the subject, than in applying rules to the insulated and frequently discordant cases. from which maxims were to be deduced. There was not the same practical sense in weighing the value of authorities, and in selecting the leading cases, which was evinced by the author of the Institutes, though there might be more sagacity in perceiving the principles upon which laws should be framed, and according to which they should be amended. As a lawyer therefore he was less accurate than Coke. In seeking to simplify the science of the law, he necessarily omitted many points which could not well be made to fall within any of his general rules, and though he clearly saw and reasoned well on the necessity of attending to all particulars, he does not always guide himself by the rules. he promulgated. His labours therefore, both here and elsewhere, were more valuable, in suggesting hints for the formation of a systematic and harmonious code, rather than furnishing an exposition of the law, as it really existed. His two principal tracts are of a character to benefit the legislator more than the lawyer; and are more useful to him who has to frame a new system or remove the anomalies of the old, than to him who seeks to acquire a correct knowledge of existing law, with all its imperfections and inconsistencies.

To a mind like Bacon's the legal science was perhaps the very last in which we could pect that he would attain any high degree of excellence. Eminently skilled in generalization, in tracing out the rules of study and philosophy, and in developing the principles by which the general result involved in a multitude of particular facts might be discovered, he was almost sure to err in applying himself to a pursuit, where the ultimate facts from which he had to reason were a number of cases possessing apparently equal weight, but often seemingly and often really discordant; and in which it is necessary that the reason should submit itself blindly to the authority of dicta resting upon some arbitrary principle, or applicable to circumstances which no longer existed, but which were still