While, in this year, the Earl of Essex was pre- much less of my own unableness, which I had paring for his voyage, Bacon communicated to continual sense and feeling of; yet, because I him his intention of making a proposal of mar- had more means of absolution than the younger riage to the Lady Hatton, the wealthy widow of sort, and more leisure than the greater sort, I did Sir William Hatton, and daughter of Sir Thomas think it not impossible to work some profitable Cecil, and desired his lordship's interest in sup- effect; the rather because where an inferior wit port of his pretensions, trusting, he said, “that is bent and constant upon one subject, he shall the beams of his lordship’s pen might dissolve many times, with patience and meditation, disthe coldness of his fortune.' Essex, with his solve and undo many of the knots, which a greatwonted zeal, warmly advocated the cause of his er wit, distracted with many matters, would rather friend; he wrote in the strongest terms to the cut in two than unknit: and, at the least, if my father and mother of the lady, assuring them that invention or judgment be too barren or too weak, if Bacon's suit had been to his own sister or yet by the benefit of other arts, I did hope to disdaughter, he would as confidently further it, as pose or digest the authorities and opinions which he now endeavoured to persuade them.” Neither are in cases of uses in such order and method, as Bacon's merit, or the generous warmth of his they should take light one from another, though noble patron touched the heart of the lady, who, they took no light from me.” fortunately for Bacon, afterwards became the wife He then proceeds in a luminous exposition of of his great rival, Sir Edward Coke.

the statute, of which a celebrated lawyer of our In this year he seems to have been in great pe- times, says: “Lord Bacon's reading on the Stacuniary difficulties, which, however they may have tute of Uses is a very profound treatise on the interrupted, did not prevent his studies; for, amidst subject, so far as it goes, and shows that he had his professional and political labours, he publish- the clearest conception of one of the most abstruse ed a new edition of his essays, and composed a parts of our law. What might we not have exlaw tract, not published until some years after his pected from the hands of such a master, if his death, entitled the History of the Alienation Of- vast mind had not so embraced within its comfice.

pass the whole field of science, as very much to In the year 1599, the celebrated case of Per- detach him from his professional studies?" petuities, which had been argued many times at There is an observation of the same nature by the bar of the King's Bench, was, on account of a celebrated professor in another department of its difficulty and great importance, ordered to be science, Sir John Hawkins, who, in his History argued in the Exchequer Chamber before all the of Music, says, “ Lord Bacon, in his Natural judges of England ;% and after a first argument Ilistory, has given a great variety of experiments by Coke, Solicitor-General, a second argument touching music, that show him to have not been was directed, and Bacon was selected to discharge barely a philosopher, an inquirer into the phenothis arduous duty, to which he seenis to have given mena of sound, but a master of the science of his whole mind; and although Sir Edward Coke, harmony, and very intimately acquainted with in his report, states that he did not hear the argu- the precepts of musical composition.” And, in ments, the case is reported at great length, and coincidence with his lordship's sentiments of harthe reasoning has not been lost, for the manuscript mony, he quotes the following passage: “The exists, and seems to have been incorporated in his sweetest and best harmony is when every part or reading on the statute of uses to the society of instrument is not heard by itself, but a conflation Gray's Inn.

of thein all, which requireth to stand some disHe thus commences his address to the students : tance off, even as it is in the mixtures of perfumes, “ I have chosen to read upon the Statute of Uses, or the taking of the smells of several flowers in a law whereupon the inheritances of this realm the air.” are tossed at this day, like a ship upon the sea,

With these legal and literary occupations he in such sort, that it is hard to say which bark will continued without intermission his parliamentary sink, and which will get to the haven; that is to exertions, there not having been during the latter say, what assurances will stand good, and what part of the queen's reign any debate in which he will not. Neither is this any lack or default in was not a distinguished speaker, or any important the pilots, the grave and learned judges; but the committee of which he was not an active memtides and currents of received error, and unwar- ber. ranted and abusive experience have been so strong, Early in the year 1599, a large body of the as they were not able to keep a right course ac- Irish, denied the protection of the laws, and huntcording to the law. Herein, though I could noted like wild beasts by an insolent soldiery, fled be ignorant either of the difficulty of the matter, the neighbourhood of cities, sheltered themselves which he that taketh in hand shall soon find, or in their marshes and forests, and grew every day cessary, therefore, that some vigorous measures | lord, stand upon two feet, and fly not upon two should be adopted to restrain their excesses. wings. The two feet are the two kinds of justice,

A powerful army was raised, of which the com- commutative and distributive: use your greatness mand was intended by the queen to be conferred for advancing of merit and virtue, and relieving upon Lord Mountjoy; but Essex solicited an wrongs and burdens; you shall need no other art employinent, which at once gratified his ambition or fineness: but he would tell me, that opinion and suited the ardour of his character, and which me not from my mind, but from my robe. But his enemies sought for him more zealously than this difference in two points so main and material, his friends, foreseeing the loss of the queen's fa- bred in process of time a discontinuance of privour, from the certainty of his absence from court, vateness (as it is the manner of men seldom to and the probable failure of his expedition. communicate where they think their courses not

From the year 1596 till this period there had approved) between his lordship and myself; so been some interruption of the intimacy between as I was not called nor advised with for some Bacon and Essex, arising from the honest expres- year and a half before his lordship's going into sion of his opinion of the unwise and unworthy Ireland, as in former time: yet nevertheless, use which Essex made of his power over the touching his going into Ireland, it pleased him queen. Notwithstanding the temporary estrange- expressly and in a set manner to desire mine ment which this difference of opinion occasioned, opinion and counsel.”ı Essex was unwilling to accept this important com- Thus consulted, Bacon, with prophetic wisdom, mand without consulting his intelligent friend. warned him of the ruin that would inevitably re

Bacon's narrative gives a striking picture of sult from his acceptance of an appointment, atboth parties. He says, “Sure I am (though I tended not only with peculiar difficulties, which can arrogate nothing to myself but that I was a from habit and temper he was unfit to encounter, faithful remembrance to his lordship) that while but also with the certain loss of the queen's faI had most credit with him his fortune went on vour, froin his absence, and the constant plotting best. And yet in two main points we always of his enemies. Essex heard this advice, urged directly and contradictorily differed, which I will as it was, with an anxiety almost parental, as mention to your lordship, because it giveth light advice is generally heard when opposed to strong to all that followed. The one was, I ever set this passion. It was totally disregarded. It is but down, that the only course to be held with the justice to Bacon to hear his own words. He queen was by obsequiousness and observance; says: “I did not only dissuade, but protest and I remember I would usually engage confi- against his going, telling him with as much vedently, that if he would take that course constant- hemency and asseveration as I could, that absence ly, and with choice of good particulars to express in that kind would exulcerate the queen's mind, it, the queen would be brought in time to Assue- whereby it would not be possible for him to carry rus’ question, to ask, what should be done to the himself so as to give her sufficient contentment; man that the king would honour ? meaning, that nor for her to carry herself so as to give him suffiher goodness was without limit, where there was cient countenance, which would be ill for her, ill a true concurrence, which I knew in her nature for him, and ill for the state. And because I to be true. My lord, on the other side, had a would omit no argument, I remember I stood also settled opinion, that the queen could be brought upon the difficulty of the action : many other to nothing but by a kind of necessity and author- reasons I used, so as I am sure I never in any ity; and I well remember, when by violent thing in my lifetime dealt with him in like earcourses at any time he had got his will, he would nestness by speech, by writing, and by all the ask me: Now,sir, whose principles be true? And means I could devise. For I did as plainly see I would again say to him: My lord, these courses his overthrow chained, as it were by destiny, to be like to hot waters, they will help at a pang; that journey, as it is possible for a man to ground but if you use them, you shall spoil the stomach, a judgment upon future contingents. But my and you shall be fain still to make them stronger lord, howsoever his ear was open, yet his heart and and stronger, and yet in the end they will lese resolution was shut against that advice, whereby their operation: with much other variety, where his ruin might have been prevented.”l with I used to touch that string. Another point It did not require Bacon's sagacity to foresee was, that I always vehemently dissuaded him these sad consequences. Elizabeth had given an from seeking greatness by a military dependence, unwilling assent to the appointment, and, though or by a popular dependence, as that which would accustomed to yield to the vehement demands of breed in the queen jealousy, in himself presump- her favourite, was neither blind to his faults, or tion, and in the state perturbation; and I did slow in remembering them, when his absence usually compare them to Icarus' two wings, which gave her time for reflection; but she shared with were joined on with wax, and would make him all monarchs the common wish to obtain the dis. venture to soar too high, and then fail him at the height. And I would further say unto him: My

Bacon's Apology.

a

interested affection of those whom she distin- | lord was in Ireland I revealed some matters against guished with her favour.

him, or I cannot tell what; which, if it were not By the loss of Leicester, and the recent death a mere slander as the rest is, but had any, though of Burleigh, she was left in the decline of her never so little colour, was surely upon this occalife " in a solitude of friends," when Essex, of a sion. The queen one day at Nonsuch, a little (as character more congenial to the queen than either I remember) before Cuffes coming over, I attendof those noblemen, became, between twenty and ing on her, showed a passionate distaste of my thirty years of age, a candidate for court favour. lord's proceedings in Ireland, as if they were unWell read, highly born, accomplished, and im- fortunate, without judgment, contemptuous, and bued with the romantic chivalry of the times, he not without some private end of his own, and all amused her by his gayety, and flattered her by his that might be, and was pleased, as she spake of gallantry; the rash ingenuousness of his temper it to many that she trusted least, so to fall into gave an air of sincerity to all his words and ac- the like speech with me; whereupon I, who was tions, while strength of will, and a daring and still awake, and true to my grounds which I lofty spirit like her own, lessened the distance thought surest for my lord's good, said to this between them, and completed the ascendency effect: Madam, I know not the particulars of which he gained over her affections; an ascend- estate, and I know this, that princes' actions must ency which, even if the queen had not been sur- have no abrupt periods or conclusions, but otherrounded by his rivals and enemies, could not but wise I would think, that if you had my Lord of be diminished by his absence.

Essex here with a white staff in his hand, as my In March, 1599, he was appointed lord lieu- Lord of Leicester had, and continued him still tenant, and, attended with the flower of the nobi- about you for society to yourself, and for an holity and the acclamations of the people, he quitted nour and ornament to your attendance and court in London, and in the latter end of the month arrived the eyes of your people, and in the eyes of foreign at Dublin. From this time until his return, the ambassadors, then were he in his right element; whole of his actions were marked by a strong for, to discontent him as you do, and yet to put determination that his will should be paramount arms and power into his hands, may be a kind of to that of the queen.

temptation to make him prove cumbersome and The first indication of his struggle for power unruly. And therefore if you would imponer? was the appointment, against the express wish of bonam clausulam, and send for him, and satisfy the queen, of his friend, Lord Southampton, to be him with honour near you, if your affairs, which general of the horse, which he was ordered to re-(as I have said) I am not acquainted with, will scind. Essex, who had much personal courage, permit it, I think were the best way. and who would have distinguished himself at a These kind exertions for his friend were, howtournament, or a passage at arms, being totally ever, wholly defeated by the haughtiness and imunfit to manage an expedition requiring all the prudence of Essex, who, to the just remonstrances skill, experience, and patient endurance of a vete- of the queen, gave no other answers than peevish ran soldier, the whole campaign was a series of complaints of his enemies; and, to the astonishrash enterprise, neglected opportunity, and relax- ment of all persons, he, without her permission, ed discipline, involving himself and his country returned to England, arrived before any person in defeat and disgrace. By this ill-advised con- could be apprized of his intention, and, the queen duct he so completely aliened the minds of his not being in London, he, without stopping to soldiers, that they were put to flight by an infe-change his dress, or to take any refreshment, prorior number of the enemy; at which Essex was so ceeded to Nonsuch, where the court was held. much enraged, that he cashiered all the officers, Travel-stained as he was, he sought the queen in and decimated the men.

her chamber, and found her newly risen, with her Bacon, seeing how truly he had prophesied, and hair about her face. He kneeled to her, and kissobserving the pain felt by the queen, availed him- ed her hands. Elizabeth, taken by surprise, gave self of every opportunity to prevent his ruin in way to all her partiality for him, and to the pleaher affections. “ After my lord's going,” he says, sure she always had in his company. He left " I saw then how true a prophet I was, in regard her presence well pleased with his reception, and of the evident alteration which naturally succeed- thanked God, though he had suffered much troued in the queen's mind; and thereupon I was still ble and storm abroad, that he found a sweet calm in watch to find the best occasion that in the weak- at home. He had another conference for an hour ness of my power I could either take or minister, with the queen before midday, from which he reto pull him out of the fire if it had been possible; turned well contented with his future prospects and not long after, methought I saw some over- receiving the visits of the whole court, Cecil and ture thereof, which I apprehended readily, a par- his party excepted.” ticularity I think be known to very few, and the which I do the rather relate unto your lordship,

1 Bacon's Apology. because I hear it should be talked, that while my

See Sydney Papers, 117–127. Camden and Bircb.

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During the day the queen saw her ministers.1 | ship it is as mists are, if it go upwards, it may After dinnur he found her mueh changed: she re- perhaps cause a shower, if downwards it will ceived him coldly, and appointed the lords to hear clear up. And therefore, good my lord, carry it him in council that very afternoon. After sitting so, as you take away by all means all umbrages an hour, they adjourned the court to a full council and distastes from the queen, and especially if on the next day; but, between eleven and twelve I were worthy to advise you, (as I have been by at night, an order came from the queen that Essex yourself thought, and now your question imports should keep his chamber.3

the continuance of that opinion,) observe three On the next day the lords met in council, and points: first, make not this cessation or peace, presented a favourable report to the queen, who which is concluded with Tyrone, as a service said she would pause and consider it, Essex still wherein you glory, but as a shuffling up of a procontinuing captive in his chamber, from whence secution which was not very fortunate. Next, the queen ordered him to be committed into cus- represent not to the queen any necessity of estate, tody, lest, having his liberty, he might be far whereby, as by a coercion or wrench, she should withdrawn from his duty through the corrupt think herself enforced to send you back into Irecounsels of turbulent men, not however to any land; but leave it to her. Thirdly, seek access, prison, lest she might seem to destroy all hope of importune, opportune, seriously, sportingly, every her ancient favour, but to the lord keeper's, at way. I remember my lord was willing to hear York House, to which in the afternoon he was me, but spake very few words, and shaked his taken from Nonsuch.4

head sometimes, as if he thought I was in the Bacon's steady friendship again manifested it- wrong; but sure I am, he did just contrary in self. He wrote to Essex the moment he heard every one of these three points."5 of his arrival, and in an interview between them, After his committal to the lord keeper's, there he urged the advice which he had communicated was great fluctuation of opinion with respect to in his letter. This letter and advice are fortu- his probable fate. On one day the hope of his nately preserved. In his letter he says: My lord, restoration to favour prevailed; on the next, as conceiving that your lordship came now up in the the queen, by brooding over the misconduct of person of a good servant to see your sovereign Essex, by additional accounts of the consequences mistress, which kind of compliments are many of his errors in Ireland, by turbulent speeches and times « instar magnorum meritorum;" and there- seditious pamphlets, was much exasperated, his fore that it would be hard for me to find you, I ruin was predicted. Pamphlets were circulated have committed to this poor paper the humble and suppressed; there were various conferences salutations of him that is more yours than any at York House between the different statesmen man's, and more yours than any man. To these and Essex; and it was ultimately determined that salutations, I add a due and joyful gratulation, the matter should be investigated, not by public confessing that your lordship, in your last con- accusation, but by a declaration in the Star Chamference with me before your journey, spake not ber, in the absence of Essex, of the nature of his in vain, God making it good, that you trusted we misconduct. Such was the result of the queen's should say, "quis putasset?” Which, as it is conflict between public opinion and her affection found true in a happy sense, so I wish you do not for Essex.6 find another “quis putasset,” in the manner of In this perplexity she consulted Bacon, who taking this so great a service; but I hope it is as from this, and from any proceeding, earnestly he said, “ nubecula est citò transibit;" and that dissuaded the queen, and warned her that, from your lordship’s wisdom and obsequious circum- the popularity of Essex and this unusual mode spection and patience will turn all to the best. of accusation, it would be said that justice had So referring all to sometime that I may attend her balance taken from her; and that, instead of you, I commit you to God's best preservation. promoting, it would interrupt the public tranquil

And his advice is thus stated by Bacon: “Well, lity. She heard and was offended with his advice, the next news that I heard, was that my lord was and acted in direct opposition to it. At an ascome over, and that he was committed to his sembly of privy councillors, of judges, and of chamber for leaving Ireland without the queen's statesmen, held on the 30th of November, they license: this was at Nonsuch, where (as my duty declared, without his being heard in his defence, was) I came to his lordship, and talked with him the nature of Essex's misconduct; a proceeding privately about a quarter of an hour, and he asked which, as Bacon foretold, and which the queen mine opinion of the course that was taken with too late acknowledged, aggravated the public dishim; I told him: My lord, nubecula est, cito tran- content. At this assembly Bacon was not presibit: it is but a mist; but shall I tell your lord- sent, which, when his absence was mentioned by ! See Sydney Papers. Michaelmas day at noon, (vol. ji.

the queen, he excused by indisposition.? p. 129,) containing the account of the different persons who hastened to court on that day.

• Bacon's Apology, vol. ii. * Sydney Papers, vol. ii. p. 129.

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336.

Bacon's account of this proceeding is as fol-|I came first unto you I took you for a physician lows: “Immediately after the queen had thought that desired to cure the diseases of the state; but of a course (which was also executed) to have now I doubt you will be like those physicians somewhat published in the Star Chamber, for the which can be content to keep their patients low, satisfaction of the world, touching my lord of because they would always be in request: which Essex his restraint, and my lord of Essex not to plainness he nevertheless took very well, as he be called to it, but occasion to be taken by reason had an excellent ear, and was patientissimus veri, of some libels then dispersed; which when her and assured me the case of the realm required it; majesty propounded unto me, I was utterly against and I think this speech of mine, and the like reit

, and told her plainly that the people would say, newed afterwards, pricked him to write that apothat my lord was wounded upon his back, and logy which is in many men's hands.”3 that justice had her balance taken from her, which Essex had scarcely been liberated, when the ever consisted of an accusation and defence, with Apology was reprinted by some injudicious parmany other quick and significant terms to that tisan. The queen, greatly exasperated, ordered purpose; insomuch that I remember I said, that two of the printers to be imprisoned, and medimy lord in foro famæ was too hard for her; and tated proceedings against Essex; but he having therefore wished her, as I had done before, to written to the Archbishop of Canterbury and vawrap it up privately: and certainly I offended her rious of his friends, and having ordered the pubat that time, which was rare with me; for I call lishers to suppress the work, the storm was to mind that both the Christmas, Lent, and Easter averted. The spirit in which the republication Term following, though I came divers times to of this tract originated extended to the circulaher upon law business, yet methought her face tion of other libels, so reflecting upon the con and manner was not so clear and open to me, as duct of the queen, that she said the subject should it was at the first. But towards the end of Easter be publicly examined ; ard, acknowledging the term, her majesty brake with me, and told me foresight of Bacon with gespect to the former inthat she had found my words true, for that the quiry, she consulted him as to the expediency of proceeding in the Star Chamber had done no proceeding by information. good, but rather kindled factious bruits, as she Against this or any proceeding Bacon earnestly termed them, than quenched them."'i

protested; and, although the honest expression If the partisans of Essex had acted with the of his sentiments so much offended the queen cantious wisdom of Bacon, the queen's affections that she rose from him in displeasure, it had the nndisturbed would have run kindly into their old effect of suspending her determination for some channel, but his followers, by new seditious dis- weeks, though she ultimately ordered that Essex courses and offensive placards, never gave her should be accused in the Star Chamber. indignation time to cool. About Christmas, Essex, The following is Bacon's account of this resofrom agitation of mind, and protracted confine-lution : “ After this, during the while since my ment, fell into a dangerous illness, and the queen lord was committed to my lord keeper's, I came sent to him some kind messages by her own phy- divers times to the queen, as I had used to do, sician, but his enemies persuaded her that his ill- about causes of her revenue and law business : ness was partly feigned ; and when at last his when the queen at any time asked mind opinion near approach to death softened the queen in his of my lord's case, I ever in one tenor, besought favour, the injudicious expressions of those di- her majesty to be advised again and again, how vines who publicly prayed for him, amounting to she brought the cause into any public question: sedition, entirely hardened her heart against him. nay, I went further, for I told her my lord was an Upon the earl's recovery, and after some months' eloquent and well spoken man, and besides his patient endurance on his part, the queen desired eloquence of nature or art, he had an eloquence to restore him to favour; and on the 19th of of accident which passed them both, which was March Essex was removed to his own house, in the pity and benevolence of his hearers; and the custody of Sir Richard Barkley.s

therefore wished the conclusion might be, that About three years previous to his accepting the they might wrap it up privately between themcommand in Ireland, Essex published a tract, en- selves, and that she would restore my lord w his titled “ An Apologie of the Earl of Essex against former attendance, with some addition of honour those which jealously and maliciously tax him to to take away discontent. But towards the end be the hinderer of the peace and quiet of his of Easter term her majesty brake with me, and country." This tract originated, as it seems, in told me that she had found my words true, for an admonition of Bacon's, which he thus states: that the proceeding in the Star Chamber had done “ I remember, upon his voyage to the islands, I no good, but rather kindled factious bruits (as saw every spring put forth such actions of charge she termed them) than quenched them, and there. ind provocation, that I said to him, My lord, when fore that she was determined now for the satis

: Bacon's Apology, vol. ii. p. 335. Sydney Papers, vol. i. p. 138-164.

• Sydney Papers, vol. ii. 182--187. 191-193. 2 Sydney Papers, 149.

• Sydney Papers, vol. ii. 196-199.

Vol. 1.-(5)