perties had they 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." "By no means be you persuaded to interpose yourself, either by word or letter, in any cause depending in any Court of justice. If any sue to be made a Judge, for my own part I should suspect him; but if either directly or indirectly he should bargain for a place of judicature, let him be rejected with shame:- Vendere jure potest, emerat ille prius."—We shall ere long see how these maxims were observed between the preceptor and pupil.

Lord Ellesmere about this time had an illness of great severity from which he was not expected to recover, and [JAN. 1616.] Bacon, thrown into a state of deep anxiety, visited him almost daily, and sent bulletins of his condition to the King.* The old man lingering longer than was expected, Bacon pretty plainly intimates to the King that he ought to be superseded:

"My Lord Chan cellor's sickness falleth out duro tempore. I have always known him a wise man and of just elevation for monarchy, but your Majesty's service must not be mortal. And if you love him, as your Majesty hath now of late purchased many hearts by depressing the wicked, so God doth minister unto you a counterpart to do the like by raising the honest."†

A few days after, in another letter to James, he speaks out more distinctly

"Your worthy Chancellor I fear goeth his last day. God hath hitherto used to weed out such servants as grew not fit for your Majesty; but now he hath gathered to himself one of the choicer plants, a true sage or salvia out of your garden; but your Majesty's service must not be mortal.

"Upon this heavy accident, I pray your Majesty in all humbleness and sincerity to give me leave to use a few words. I must never forget when I moved your Majesty for the Attorney's place, that it was your own sole act, and not my Lord of Somerset's, who, when he knew your Majesty had resolved it, thrust himself into the business to gain thanks; and therefore I have no reason to pray to saints.

Specimen :-"Because I knew your Majesty would be glad to hear how it is with my Lord Chancellor, and that it pleased him, out of his ancient and great love for me, which many times in sickness appeareth most, to admit me to a great deal of speech with him this afternoon, which during these three days he hath scarcely done to any, I thought it would be pleasing to your Majesty to be certified how I found him." Jan. 29. 1616. "I spoke to him on Sunday, at what time I found him in bed, but his spirits strong." Jan. 31. 1616. "My Lord Chancellor sent for me to speak with me this morning. I perceive he hath now that signum sanitatis as to feel better his former weakness." Feb. 7. 1616.

Feb. 9. 1616.

I shall now again make oblation to your Majesty,-first of my heart, then of my service,-thirdly, of my place of Attorney, which I think is honestly worth 60007. per annum*,—and, fourthly,

* Almost the whole of this income must have arisen from fees. The following were the the salaries of the law officers of the Crown at this time:

King's Serjeant

King's Advocate

The salaries of the Judges show that they must have depended a good deal on

The usual amount of honoraries to counsel in this reign I have not been able to ascertain. From an entry in the parish books of St. Margaret's, Westminster, it appears that in the reign of Edward IV., they paid "Roger Fylpott, learned in the law, for his counsel, 3s. 8d., with 4d. for his dinner."

In the reign of Henry VII. Serjeant Yaxley was at the head of the bar, and used to go special on different circuits. From the following very curious retainer it ap pears that he was to attend the assizes at York, Nottingham, and Derby, and plead as many causes as he should be required by his client Sir Robert Plompton at each place, for all which he was to receive only 40 marks, besides his charges in the assize towns.

"This bill indented at London the 18th day of July, the 16th yeare of the reigne of Henry the 7th, witnesseth that John Yaxley, Sergent at the Law, shall be at the next assizes to be holden at York, Nottin. and Derb. if they be holden and kept, and their to be of council with Sir Robert Plompton, knight, such assises and actions as the said Sir Robert shall require the said John Yaxley, for the which premises, as well for his costs and his labour, John l'ulan, Gentleman, bindeth him by thease presents to content and pay to the said John Yaxley 40 marks2 sterling at the feast of the Nativitie of our Lady next coming, or within eight days next following, with 5li paid aforehand, parcell of paiement of the said 40 marcks. Provided alway that if the said John Yaxley have knowledg and warning only to cum to Nott. and Derby, then the said John Yaxley is agreed by these presents to take onely xvli besides the said 5 aforesaid. Provided alwaies that if the said John Yaxley have knowledge and warning to take no labor in this matter, then he to retcine and hold the said 5li resaived for his good will and labor. In witnesse herof the said John Yaxley, seriant, to the part of this indenture remaining with the said John Pulan have put his scale the day and year abovewritten. Provided also that the said Sir Robert Plompton shall beare the charges of the said John Yaxley, as well at York as Nottingham and Derby, and also to content and pay the said money to the said John Yaxley comed to the said Assizes att Nott. Derb. and York. "JOHN YAXLEY." Plumpton Correspondence by Camden Society, 152. See also pp. 53. 93. 150.

1 From Abstract of Revenue, Temp. Jac. 1.

2 26li. 13s. 4d.

of my place in the Star Chamber, which is worth 16007 per annum, and, with the favour and countenance of a Chancellor, much more."

He then urges his father's merits, and reminds the King that the Chancellor's place was ever conferred on some law officer, and never on a Judge,—instancing Audley, from King's Serjeant; his own father, from Attorney of the Wards; Bromley, from Solicitor General; Puckering, from Queen's Serjeant; Egerton, from Master of the Rolls, having lately been Attorney General. Now he comes to disparage his rivals :

If you like my Lord Coke, this will follow,-first, your Majesty shall put an overruling nature into an overruling place, which may breed an extreme;-next, you shall blunt his industries in matter of your finances, which seemeth to aim at another place; —and, lastly, popular men are no sure mounters for your Majesty's saddle. If you take my Lord Hobart, you shall have a Judge at the upper end of your Council Board and another at the lower end, whereby your Majesty will find your prerogative pent; for though there should be emulation between them, yet, as legists, they will agree in magnifying that wherein they are best: he is no statesman, but an economist wholly for himself, so as your Majesty, more than an outward form, will find little help in him for the business. If you will take my Lord of Canterbury, I will say no more but the Chancellor's place requires a whole man; and to have both jurisdictions, spiritual and temporal in that height, is fit but for a King. For myself, I can only present your Majesty with gloria in obsequio. Yet I dare promise, that if I sit in that place, your business shall not make such short turns upon you as it doth; but when a direction is once given, it shall be pursued and performed, and your Majesty shall only be troubled with the true care of a King, which is to think what you would have done in chief, and not how, for the passages.-I do presume also, in respect of my father's memory, and that I have been always gracious in the Lower House, I have some interest in the gentlemen of England, and shall be able to do some effect in rectifying that body of parliament men, which is cardo rerum For let me tell your Majesty, that that part of the Chancellor's place, which is to judge in Equity between party and party, that same regnum judiciale, which since my father's time is but too much enlarged, concerneth your Majesty least, more than the acquitting of your conscience for justice: but it is the other parts of a moderator amongst your Council, of an overseer of your Judges, of a planter of fit justices and governors in the country, that importeth your affairs and these times most.-To conclude, if I were the man I would be, I should hope that as your Majesty hath of late won hearts by depressing, you should in this lose no hearts by advancing; for I

Formerly the usual fee for a barrister in Westminster Hall] was an angel. Whence the saying, "a barrister is like Balaam's ass.-only speaking when he sees the angel.

see your people can better skill of concretum than abstractum, and that the waves of their affections flow rather after persons than things; so that acts of this nature, if this were one, do more good than twenty bills of grace. If God call my Lord, the warrants and commissions which are requisite for the taking of the Seal, and for the working with it, and for the reviving of warrants under his hand which die with him, and the like, shall be in readiness. And in this, time presseth more because it is the end of a term, and almost the beginning of the circuit: so that the Seal cannot stand still; but this may be done as heretofore by commission, till your Majesty hath resolved of an officer. God ever preserve your Majesty!"*

Is not this something very much like " suing to be made a Judge, and bargaining for a place of Judicature?" MEANEST OF MANKIND!!! A touch of vanity even is to be found in this composition, a quality he hardly ever betrays elsewhere, although he had an inward consciousness of his extraordinary powers. Boasting of his great influence in the Lower House, little did he think that when parliament should next meet, both Houses would unanimously agree in prosecuting and punishing him.

But, alas? Ellesmere rallied, and in three days Bacon was obliged hypocritically to write,—

I do find, God be thanked, a sensible amendment in my Lord Chancellor. I was with him yesterday in private conference about half an hour, and this day again at such time as he did seal, which he endured well almost the space of an hour, though the vapour of wax be offensive to him. But whoever thinketh his disease is but melancholy, he maketh no true judgment of it; for it is plainly a formed and deep cough, with a pectoral surcharge; so that at times he doth almost animam agere. I forbear to advertise your Majesty of the care I took to have commissions in readiness, because Mr. Secretary Luke hath let me understand he signified as much to your Majesty; but I hope there shall be no use for them at this time."+

He next seems to have tried to prevail upon the old Chancellor to resign in his favour. But James would put no constraint on the inclinations of Ellesmere; and Bacon, to secure his succession when a vacancy should happen, now resorted to the expedient of being made a Privy Councillor,-which was pretty much the same as, in modern speech, being admitted to a seat in the Cabinet. He writes to Villiers,—

66

My Lord Chancellor's health growing with the days, and his resignation being an uncertainty, I would be glad you went on with my first motion, my swearing Privy Councillor. Tho' I desire not so much to make myself more sure of the other, and to put it past competition, for herein I rest wholly upon the King and your excellent self, but because I find hourly that I need this

Feb 12. 1616. Works, v. 371.

† Feb. 15, 1616. Works, v. 374.

strength in his Majesty's service, both for my better warrant and satisfaction of my conscience, that I deal not in things above my vocation, and for my better countenance and prevailing where his Majesty's service is under any pretext opposed, I would it were despatched..... I sent a pretty while since a paper to Mr. John Murray, which was indeed a little remembrance of some things past concerning my honest and faithful services to his Majesty ;not by way of boasting,-from which I am far,-but as tokens of my studying his service uprightly and carefully. If you be pleased to call for the paper which is with Mr John Murray, and to find a fit time that his Majesty may cast an eye upon it, I think it will do no hurt; and I have written to Mr. Murray to deliver the paper if you call for it."*

To such minute artifices did he descend for affecting his object. -After some interval, and renewed solicitations, the King gave him his choice, either that he should have an express promise to succeed to the Great Seal, or that he should forthwith be sworn of the Privy Council. The bare promise, he thought would not much improve his chance, while a seat at the council table could not fail to place him above competition. More suo, he makes his election in a letter to Villiers to be shown to James:

"The King giveth me a noble choice, and you are the man my heart ever told me you were. Ambition would draw me to the latter part of the choice; but in respect my hearty wishes that my Lord Chancellor may live long, and the small hopes I have that I shall live long myself, and above all, because I see his Majesty's service daily and instantly bleedeth; towards which I persuade myself (vainly, perhaps, but yet in mine own thoughts firmly and constantly,) that I shall give, when I am of the table, some effectual furtherance,-I do accept of the former, to be Councillor for the present, and to give over pleading at the bar; let other matter rest upon my proof and his Majesty's pleasure, and the accidents of time."+

In consequence of Villiers representation the King consented; and on the 9th of June Bacon was sworn of the Privy Council, and took his place at the table,-it having been, at his own request, previously arranged that, with permission to give advice at chambers to those who might consult him, he should cease to plead as an advocate at the bar in private causes,-unless some weighty matter might arise in which he was to be allowed to be engaged under the King's express licence.

Having thus got rid of his private practice, he applied his leisure to a most noble account, dedicating himself by turns to the prosecution of his philosophocal pursuits, and to the improvement of the institutions of his country. The NOVUM ORGANUM made great progress, though it was not ready to see the light for some years; and he actually published " A Proposition to his Majesty *Feb. 21. 1616. Works, v. 377.

† June 3. 1616. Works, v. 420.