صور الصفحة
PDF
النشر الإلكتروني

the mechanism of state business. That Bacon should have been doomed to such occupations, that he, who stood the lofty beacon of science, evermore guiding the exploring scholar in voyages of discovery to improve and bless mankind, should voluntarily have descended to the shifting quicksands of politics, is a theme for wonder and pity. He could have pointed out to another the shoals, the sunken rocks, and the treacherous nature of the current; but he adventured,-and little minds can now point out where he was lost, and where the waters went over his soul."

Much as it is to be lamented that he should have accepted this office, the loss to science seems, in some sort, to have been compensated by his entire devotion to his professional and political duties: duties for which he possessed unrivalled powers.

It has been truly said by the biographer of Bacon's successor, that "the Chancellorship of England is not a chariot for every scholar to get up and ride in. Saving this one, perhaps it would take a long day to find another. Our laws are the wisdom of many ages, consisting of a world of customs, maxims, intricate decisions, which are responsa prudentum. Tully could never have boasted, if he had lived amongst us, Si mihi vehementer occupato stomachum moverint, triduo me jurisconsultum profitebor. (a) He is altogether deceived, that thinks he is fit for the exercise of our judicature, because he is a great rabbi in some academical authors; for this hath little or no copulation with our encyclopedia of arts and sciences. Quintillian might judge right upon the branches of oratory and philosophy, Omnes disciplinas inter se conjunctionem rerum, et

(a)" If the advocates of Rome angered him, though he were full of business, he would pass for a lawyer in three days.”—Orat. pro Mar.

communionem habere. (a) But our law is a plant that grew alone, and is not entwined into the hedge of other professions; yet the small insight that some have into deep matters, cause them to think that it is no insuperable task for an unexpert man, to be the chief arbiter in a court of equity. Bring reason and conscience with you, the good stock of nature, and the thing is done. Equitas optimo cuique notissima est, is a trivial saying, a very good man cannot be ignorant of equity; and who knows not that extreme right is extreme injury? But they that look no further than so, are short-sighted: for there is no strain of wisdom more sublime, than upon all complaints to measure the just distance between law and equity; because in this high place, it is not equity at lust and pleasure that is moved for, but equity according to decrees and precedents foregoing, as the dew-beaters have trod the way for those that come after them." (b)

Of Bacon's fitness for this office, some estimate may be formed by a consideration of the four principal qualifications of a Chancellor, as

A Lawyer.

A Judge.

A Statesman.

And the Patron of Preferment.

As a Lawyer he had for a series of years been engaged in professional life. He had been Solicitor and Attorney General; had published upon different parts of the law; had deeply meditated upon the principles of equity, and had availed himself of every opportunity to assist in

(a) "Let all partition of knowledge be accepted rather for lines and veines, than for sections and separations."-Adv. of Learning, vol. ii. p. 153, where there are similar and valuable observations.

(b) Hackett's Life of Williams.

improvement of the law, in obedience to his favourite maxim, "that every man is a debtor to his profession, from the which, as men do of course seek countenance and profit, so ought they of duty to endeavour themselves by way of amends to be a help and ornament." (a)

As a Judge, he, from his infancy, had seen the different modes in which judicial duties were discharged, had meditated deeply and published his opinions upon the perfection of these duties "to the suitors, to the advocates, to the officers of justice underneath them, and to the sovereign or state above them:"(b) and, in his addresses to the judges upon their appointment or promotion, he availed himself of every opportunity to explain them.

As a Statesman, we have seen that he was cradled in politics; (c) that his works abound with notices of his political exertions; that his advice to Sir George Villiers is an essay upon all the various duties of a statesman, with respect to religion, justice, the council table, foreign negociations, peace and war, trade, the colonies and the court; (d) and of his parliamentary eloquence his friend Ben Jonson says, (e) "There happened in my time one

(a) See ante, pp. cxxxviii and clxvi, and notes C C and 3 G.

(b) See his Essays on Delay, on Dispatch, and on Judicature. See his addresses to the Judges, vol. vii. p. 241 to 270. See postea, and see his advice to Villiers, vol. vi. p. 41, "But because the life of the laws lies in the due execution and administration of them, let your eye be, in the first place, upon the choice of good judges: these properties they had need to be furnished with; to be learned in their profession, patient in hearing, prudent in governing, powerful in their elocution to persuade and satisfy both the parties and hearers; just in their judgment; and, to sum up all, they must have these three attributes; they must be men of courage, fearing God, and hating covetousness; an ignorant man cannot, a coward dares not be a good judge."

(c) Ante, p. 111.

(d) See vol. vi. p. 400, ante, p. clxxxi.

(e) Ante, p. xxviii. I venture here to repeat the passage.

noble speaker who was full of gravity in his speaking; his language, where he could spare or pass by a jest, was nobly censorious. No man ever spake more neatly, more pressly, more weightily, or suffered less emptiness, less idleness in what he uttered. No member of his speech but consisted of his own graces. His hearers could not cough or look aside from him 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."

As a Patron, he considered preferment a sacred trust, to preserve and promote high feeling, encourage merit, and counteract the tendency of learning to dispose men to leisure and privateness. (a)

In his advice to Villiers, as to the patrimony of the church, he says, "You will be often solicited, and perhaps importuned to prefer scholars to church livings: you may further your friends in that way, 'cæteris paribus;' otherwise remember, I pray, that these are not places merely of favour; the charge of souls lies upon them, the greatest account whereof will be required at their own hands; but they will share deeply in their faults who are the instruments of their preferment." (b)

A few weeks after he was appointed Lord Keeper, he thus writes to a clergyman of Trinity College, Cambridge: "After my hearty commendations, I having heard of you,

(a) Advancement of Learning, vol. ii. p. 19.

(b) See vol. vi. p. 410. Sir E. Coke said, "As for the many benefices in his own patronage, he freely gave them to the worthy men, being wont to say, in his law language, that he would have church livings pass by livery and seisin, not bargain and sale." Chancellor Wrottesley said, "Two things my servants shall not gain by, my livings and my decrees: the one are God's, the other the King's."

as a man well deserving, and of able gifts to become profitable in the church; and there being fallen within my gift the rectory of Frome St. Quintin with the chapel of Evershot, in Dorsetshire, which seems to be a thing of good value, eighteen pounds in the king's books, and in a good country, I have thought good to make offer of it to you; the rather for that you are of Trinity college, whereof myself was some time; and my purpose is to make choice of men rather by care and inquiry, than by their own suits and commendatory letters. So I bid you farewell.

From your loving friend, FR. BACON, C. S." From Dorset House, 23rd April, 1617.

Upon sending to Buckingham his patent for creating him a viscount, he says, "I recommend unto you principally, that which I think was never done since I was born, and which, because it is not done, hath bred almost a wilderness and solitude in the King's service; which is that you countenance and encourage, and advance able men, in all kinds, degrees, and professions. For in the time of the Cecils, the father and the son, able men were by design and of purpose suppressed; and though of late choice goeth better, both in church and commonwealth, yet money and time-serving, and cunning canvasses and importunity prevaileth too much. And in places of moment, rather make able and honest men yours, than advance those that are otherwise, because they are yours."

And in his appointment of judges, it will be seen that he was influenced only by an anxiety to select the greatest ability and integrity, "science and conscience," (a) for these important trusts.

In the exercise of this virtue there was not any merit peculiar to Bacon. It was the common sympathy for

(a) Fuller.

« السابقةمتابعة »