408

THE PEOPLE DEFRAUDED.

with the brother of Villiers, has a patent for making gold lace, and also for licensing inns, and levying tolls. By this vast sums are falling daily into their exchequer. The grant is iniquitous; it is against law; it is against reason; yet it enriches the King's favourite and his relatives, and Bacon will take care to be judge of assize when anything concerning it, has to be tried. In other words, Bacon will direct the course of justice as the favourite requires. How can such servility be repaid but by

office?

Ellesmere, however, still lingers on. He will not sign these Monpesson patents, he knows them to be illegal. Why does he not die ?" thinks Villiers; "Bacon would be Chancellor, and he would sign." Villiers is, on New Year's Day, 1617, made Earl of Buckingham: on the 13th of November preceding, Bacon has set down on paper how much he has benefited the future Earl at the public expense. The favours conferred by the Lord Keeper on his patron are seven in number, and may be enumerated in brief.

1st. He has made the grant of the lands given by the king, "fee farm, and not fee simple, whereby the rent of the crown in succession is not diminished, and yet the quantity of the land which you have upon your value is enlarged." In other words, Bacon, having to make a grant of lands belonging to the King, in trust for his people, has, by a clever evasion of the letter of the law, given more than was intended, not to the injury of posterity, but to the injury of the people at the time, as so much as Villiers gained in rent, they have lost.

2nd. "By the help of Sir Lionel Cranfield,” (a man of

RESIGNATION OF ELLESMERE,

409

infamous character, as we shall find by-and-by,) "I advanced the value of Sherbourn from 26,000l.-it was valued at 25,000l. by Somerset-to 32,000l." This appears to have been a surrender; and the crown thus was defrauded of 6,000l.; yet Bacon says, "whereby there was 6,000l. gotten, and yet justly."

The third, fourth, fifth, sixth, and seventh reasons are equally iniquitous. But being only explicable by an allusion to Villiers's property, and by reference to the complications arising therein, need not be quoted. Enough is here shown, however, to prove that Villiers and Bacon are hand in hand, climbing the hill together. Bacon had predicted the Earldom in August, when Sir George was made Viscount. Had advised him to depend wholly (next unto God) upon the King. Like his "sainted mother," he is pious, and the advice, albeit Villiers needed it not, has fructified. Baron Ellesmere, created Viscount Brackley in 1616, has now for some time been bedridden. He wrote, many months ago, asking to be permitted to resign, but his Majesty would not accept his resignation. On the 3rd of March, however, James in person visits him at York House, and consents to accept the seals. On the 5th Buckingham and Winwood received from his hands the great seal. Sir John Egerton, the son, is commanded by his father from his bed to produce it, and in its silken bag it is delivered to them, and by them conveyed to James. On the 7th it is formally delivered to Bacon, between the hours of eleven and twelve, at Whitehall. This is Villiers's work: Villiers wants those patents sealed. It is true that Ellesmere is not dead, but will die in some nine days, being past hope; but Bacon

T

410

IMPULSIVE GRATITUDE.

is chosen, lifted from the Attorneyship: (Coke was disgraced in time), and this was Villiers's doing.

Bacon hastens home, his heart filled with exultation. Its proud throbbings, its ambitious longings, for the instant stilled, by joy and delight. He is at last Lord Keeper. He, the friendless, the poor, the indebted. He, the struggling genius, the man conscious of great gifts, who has bent all his intellect to this wish. Who has stooped as no man ever stooped before. He who has walked through miry ways these many long years; who has sounded all the depths and shoals of courtiership, is at last Lord Keeper. Full of gratitude, he gives way for once in his life to an impulse, and sits down and writes even affectionately.

"MY DEAREST LORD,-*

"It is both in cares and kindness that small ones float up to the tongue, and great ones sink down into the heart in silence. Therefore I could speak little to your lordship to-day, neither had I fit time. But I must profess thus much, that in this day's work you are the truest and perfectest mirror and example of firm and generous friendship that ever was in court. And I shall count every day lost, wherein I shall not either study your well-doing in thought, or do your name honour in speech, or perform you service in deed. Good, my Lord, account and accept

me,

"Your most bounden and devoted friend
and servant of all men living,

"March 7, 1616-17.

"FRANCIS BACON, C.S."

Custos sigillarum, Keeper of the great seal of England, first law officer of the crown, first peer of the realm, speaker of the Upper House by prescription. We can see

* Montagu, vol. xii., p. 241.

PERVERSION OF JUSTICE.

411

Francis Bacon's pale face glow, as with enthusiasm tingling through his cold frame, he vents his excitement in this letter; it is no fancy, it is mere fact that in the sentence "that in this day's work," there is a gallop foreign to Bacon's style, as if penned in haste and under emotion. No such sentence exists again in all his writing. He is for ever bondman to Villiers for his friendship. "Accept me as your most bounden and devoted friend." "Most bounden!" The phrase has an awkward omen. This is the very protestation of indebtedness to Essex, at the time he is, as it is reported, slandering him to the Queen. He declared himself most bounden while the shadow of the headsman fell on the paper as he

wrote.

"Most bounden!" I am not superstitious, yet I would rather any word than that, my good Lord Keeper. And sure enough we, who can be oracular now the thing is over, being the surest prophets, know that within six months this "most bounden and devoted friend" will, for his own ends, thinking the time has come, attempt to overthrow Villiers with the King. Traduce him behind his back, and, foiled in the attempt, be driven to hole ignominiously, and be thenceforward treated with the contempt and contumely he deserves.

Francis Bacon is now Lord Keeper. He has been elected as the servant of Villiers. His tenure is a base servitude. And of this unluckily but too many proofs exist.

From the day that Bacon was nominated in his office, nay, so indecent is the haste, before-Villiers appears in a new office, Bacon in a more degrading aspect. The

412

THE CHANCELLOR A MERE LACKEY.

favourite directs the decisions of the Court. Bacon is a mere image of equity. An object to put on the bench, to lend weight and dignity and a form to its decisions. Villiers is the judge. Villiers settles the decrees. Bacon is to have no will, no thought, of his own. Buckingham will settle who shall or who shall not gain suits, the amount of costs, the mode and manners of procedure. Bacon will vindicate his right to private judgment, by taking fees in consonance with Villiers' directions. Bound by every tie human and divine to administer justice, the new judge merely administers it-to the enrichment of his patron. Bacon takes his place for the first time on the 8th of May. On the 6th, two days before the ceremony of installation is consummated, Buckingham writes: “That Sir Lewis Tresham hath a suit depending in the Chancery before your lordship; and therefore, out of my love and respect toward him, I have thought fit to recommend him unto your favour, so far only as may stand with justice and equity. . I further desire your Lordship to give him what expedition you can, that he may receive no prejudice by his journey."

This is a feature as new in the annals of justice as torture or bribery. The Chancellor has sold himself to the King's minion. It is true his place is gained, not by merit, but as a gift from a royal favourite; a precedent which will stand Bacon in bad stead yet, so peculiarly is crime oft its own particular retribution. He is therefore bound hand and foot to Villiers. Perchance the bondage is irksome. But he winces and submits. By-and-by, he hopes to have Villiers thrown, like Coke, and then he will carry it with as high a hand.