peared in England. Notwithstanding the arrogance with which he was chargeable when at the bar he had given the highest satisfaction to the profession and the public since his elevation to the Bench. His opposition to the equitable jurisdiction of the Lord Chancellor, though unjustifiable, was generally popular, and all mankind (with the exception of the King and the most slavish of the ministers) approved of the noble stand he had made for judicial independence in Peacham's case and the affair of the "Commendams," and he had been rapturously applauded for his energy, on the discovery of the murder of Sir Thomas Overbury, in posting off to Theobald's to arrest Somerset with his own hands. The expedient to which Bacon resorted shows that it is no more possible "to hate"-than "to love,—and be wise." The frivolous, unfounded, preposterous, ludicrous charge brought against Coke was, that in his Reports of decided cases he had introduced several things in derogation of the royal prerogative.' On no better ground, in the month of June, 1616, though not formally superseded, and still allowed to do duty at chambers, he was suspended from the public execution of his office and from the council-table, and, instead of appearing in Court at Westminster, or going his circuit, it was most insultingly ordered that, during the long vacation, "he should enter into a view and retractation of such novelties and errors and offensive conceits as were dispersed in his Reports."

Bacon having laid his enemy prostrate on the ground, trampled on his body. He now addressed an "Expostulation to the Lord Chief Justice Coke," in which, after some profane applications of Scripture, and pointing out how in his fallen state he ought to rejoice in the humiliation which God had inflicted upon him, he thus pithily proceeds:

"Not only knowledge, but also every other gift which we call the gifts of fortune, have power to puff up earth; afflictions only level these mole-hills of pride, plough the heart, and make it fit for wisdom to sow her seed, and for

1 Of these very Reports Bacon himself had deliberately written, “To give every man his due-had it not been for Sir Edward Coke's Reports, which, though they may have errors, and some peremptory and extra judicial resolutions more than are warranted, yet they contain infinite good decisions and rulings over cases-the law by this time had been almost like a ship without ballast."

grace to bring forth her increase. Happy is that man, therefore, both in regard of heavenly and earthly wisdom, that is thus wounded to be cured, thus broken to be made straight, thus made acquainted with his own imperfections that he may be perfected.

Supposing this to be the time of your affliction, that which I have propounded to myself is by taking this seasonable advantage, like a true friend, though far unworthy to be counted so, to show you your true shape in a glass, and that not in a false one to flatter you, nor yet in one that should make you seem worse than you are, and so offend you, but in one made by the reflection of your own words and actions, from whose light proceeds the voice of the people, which is often, not unfitly, called the voice of God. It proceedeth from love, and a true desire to do you good. All men can see their own profit; that part of the wallet hangs before. A true friend (whose worthy office I would perform, since I fear both yourself and all great men want such) is to show the other, and which is from your eyes.

"First, therefore, behold your errors. In discourse you delight to speak too much, not to hear other men; this some say becomes a pleader, not a judge. While you speak in your own element, the law, no man ordinarily equals you; but when you wander, as you often delight to do, you wander indeed, and give never such satisfaction as the curious time requires.

66

'Secondly, you clog your auditory when you would be observed; speech must be either sweet or short.

"Thirdly, you converse with books, not men, and books especially human; and have no excellent choice with men, who are the best books; for a man of action and employment you seldom converse with, and then but with your underlings; not freely, but as a schoolmaster with his scholars, ever to teach, never to learn. But if sometimes you would in your familiar discourse hear others and make election of such as know what they speak, you should know many of these tales you tell to be but ordinary, and many other things which you delight to repeat and serve out for novelties to be but stale. As in your pleadings you were wont to insult over misery, and to inveigh bitterly at the persons, which bred you many enemies, whose poison yet smelleth, so are you still wont

to be a little careless in this point, to praise and disgrace upon slight grounds, and that sometimes untruly; so that your reproofs and commendations are for the most part neglected and condemned; where the censure of a Judge coming slow but sure, should be a brand to the guilty, and a crown to the virtuous. You will jest at any man in public, without respect to the person's dignity or your own; this disgraceth your gravity more than it can advance the opinion of your wit; and so do all actions which we see you do directly with a touch of vain-glory, having no respect to the true end. You make the law to lean too much to your opinion, whereby you show yourself to be a legal tyrant, striking with that weapon where you please, since you are able to turn the edge any way. Your too much love of the world is too much seen, where having the living of a thousand you relieve few or none. The hand that hath taken so much, can it give so little? Herein you show no bowels of compassion, as if you thought all too little for yourself. We desire you to amend this, and let your poor tenants in Norfolk find some comfort; where nothing of your estate is spent towards their relief, but all brought up hither to the impoverishing of your country.

"But now, since the case so standeth, we desire you to give way to power, and so to fight that you be not utterly broken, but reserved entirely to serve the commonwealth again, and to do what good you can, since you can not do all the good you would; and since you are fallen upon this rock, cast out the goods to save the bottom; stop the leaks, and make towards land; learn of the steward to make friends of the unrighteous Mammon. You can not but have much of your estate (pardon my plainness) ill Think how much of that you never spake for, how much by speaking unjustly or in unjust causes. Account blessing of God if thus it may be laid out for your good, and not left for your heir.

got.

it then a

Do not, if you be restored, as some others do, fly from the service of virtue to serve the time, but rather let

ours, and more sensible in all."

"To humble

After much more reproof and admonition, he jeeringly advises him not to be too much cast down. ourselves before God is the part of a Christian; but

for the world and our enemies the counsel of the poet is apt,

'Tu ne cede malis, sed contrà audentior ito.' "1

In no composition that I have met with is there a greater display of vengeful malignity. Under pretense of acting a Christian part, he pours oil of vitriol into the wounds he had inflicted. There seems to have been an intention to make Coke disgorge some of his ill-gotten gains, by a heavy fine in the Star Chamber. That was abandoned, but the dismissal was consummated. After the long vacation, the Chief Justice was summoned by Bacon before the Privy Council, to give an account of what he had done in the way of correcting his Reports. He declared that in his eleven volumes, containing 500 cases, there were only four errors, and that there were as many in the much-esteemed Plowden, which the wisdom of time had discovered, and later judgments controlled. The order, prompted by Bacon, and pronounced by the Lord Chancellor, was "that the Chief Justice should still forbear his sitting at Westminster, &c., not restraining, nevertheless, any other exercise of his place in private."

Bacon, having made a report of this proceeding to the King with a view of hastening the final blow, says,-" If, upon this probation added to former matters, your Majesty think him not fit for your service, we must in all humbleness subscribe to your Majesty, and acknowledge that neither his displacing, considering he holdeth his place but during your will and pleasure, nor the choice of a fit man to put in his room, are council-table matters, but are to proceed wholly from your Majesty's great wisdom and pleasure. So that in this course it is but the signification of your pleasure, and the business is at an end as to him.'

At length Bacon had the exquisite delight of making out Coke's "supersedeas," and a warrant to the Lord Chancellor for a writ to create a new Chief Justice.'

To add to his satisfaction, he contrived to get himself into the good graces of Prince Charles, and was appointed Chancellor of the Duchy of Cornwall.

1 Works, v. 403.

Sir E. Coke was removed Nov. 15, 1616, and Sir Henry Montagu was sworn in as his successor the following day.

The office of Chief Justice of the King's Bench he declined, on account of the moribund condition of Lord Ellesmere.

CHAPTER LV.

CONTINUATION OF THE LIFE OF LORD BACON FROM HIS APPOINTMENT AS CHANCELLOR TILL HIS FALL.

vancement.

HERE was nothing now wanting to the earthly felicity of Bacon except the actual possession of the Great Seal of England. He continued from time to time to remind the King of his pretensions; and he induced the Prince to say a good word for his further adHe pretended that the King's service was his great object, adding, "Were your Majesty mounted and seated without difficulties and distastes in your business as I desire to see you, I should ex animo desire to spend the decline of my years in my studies; wherein, also, I should not forget to do him honor, who, besides his active and politic virtues, is the best pen of Kings, much more, the best subject of a pen."

On the 7th of March, 1617, his wish was accomplished. The Great Seal, having been surrendered by Lord Ellesmere, was, between the hours of eleven and twelve on that day, in the Palace at Whitehall, delivered to Sir FRANCIS BACON by the King, who, at the same time, in a speech, graciously commemorated his services as Solicitor General, Attorney General, and Privy Councillor, and gave him four admonitions for his guidance as Lord Keeper:-1. To restrain the jurisdiction of the Court within its true and

due limits.

2. Not to put the Great Seal to letters patent without due consideration. Quod dubites ne feceris. 3. To retrench all unnecessary delays. Bis dat qui cito 4. That justice might pass with as easy charge as might be.' Sir Francis, on bended knees, humbly, and most grateful mind, acknowledged the constant

dat.

with a

and never-tiring kindness of the King, who had conducted 1" Predictus Franciscus Bacon flexis genibus humiliter gratiosissimo animo agnovit constantem Dni Regis et prennem beneficor, cursum utpote qui per tot gradus eum manu quasi duxerit ad sum, honoris fastigium," &c.-Cl. R. 16

Jac. I.