laws (which I perceive your Majesty laboureth with and hath in your head as Jupiter had Pallas), or by some other the like work-(for without some endeavour to do you honour I would not live)--than to spend my wits and time in this laborious place wherein I now serve, if it shall be deprived of those outward ornaments and inward comforts which it was wont to have in respect of an assured succession to some place 1 of more dignity and rest; which seemeth to be an hope now altogether casual, if not wholly intercepted. "Wherefore, not to hold your Majesty long, my humble suit to you is that which I think I should not without suit be put by, which is, that I may obtain your assurance to succeed (if I live) into the Attorney's place, whensoever it shall be void; it being but the natural and immediate step and rise which the place I now hold hath ever in a sort made claim to, and almost never failed of. "In this suit I make no friends to your Majesty, though your Majesty knoweth that I want not those which are near and assured, but rely upon no other motive than your grace; resting your Majesty's most humble subject and servant." That he received the assurance he desired may be inferred from another letter written soon afterwards, during the Attorney's illness, in the summer or autumn of 1611 : "It may please your most excellent Majesty, "I do understand by some of my good friends, to my great comfort, that your Majesty hath in mind your Majesty's royal promise (which to me is anchora spei) touching the Attorney's place. I hope Mr. Attorney shall do well. I thank God I wish no man's death; nor much mine own life more than to do your Majesty service. For I account my life the accident and my duty the substance. "But this I will be bold to say if it please God that I ever serve your Majesty in the Attorney's place, I have known an Attorney Cooke (Coke) and an Attorney Hubberd (Hobart), both worthy men and far above myself : but if I should not find a middle way between their two dispositions and carriage, I should not satisfy myself. But these things are far or near as it shall please God. Meanwhile I most humbly pray your Majesty accept my sacrifice of thanksgiving for your gracious favour. God preserve your Majesty. I ever remain....” The Attorney, however, recovered; and although Bacon may have felt in secret that Salisbury gave him no effectual help, he nevertheless did not think it prudent to neglect his cousin and patron, to whom he protests unshaken devotion in the following New Year's letter (January, 1612). In his usual sympathetic style, writing to a man who was broken down with cares and infirmities, and fast nearing the grave, Bacon discovers that he himself also finds "age and decays" growing upon him : 1 i.e. the Attorney's place. 2 Meaning, that he would not employ the intercession of his cousin Cecil. "It may please your good Lordship, "I would entreat the new year to answer for the old, in my humble thanks to your Lordship, both for many your favours, and chiefly that upon the occasion of Mr. Attorney's infirmity I found your Lordship even as I could wish. This doth increase a desire in me to express my thankful mind to your Lordship; hoping that though I find age and decay grow upon me-yet I may have a flash or two of spirit left to do you service. And I do protest before God, without compliment or any light vein of mind, that if I knew in what course of life to do you best service, I could take it, and make my thoughts, which now fly to many pieces, be reduced to that centre. But all this is no more than I am, which is not much, but yet the entire of him that is...." A pleasing instance of Bacon's familiar humorous style is afforded by the following letter to Sir Michael Hickes, Cecil's business man, a patient and friendly creditor of Bacon's, and seemingly a man of kindly, genial disposition. He was an old servant of Lord Burghley's, and Bacon appears to have had a genuine liking for him. It is a New Year's letter written on making restitution for a pair of scarlet stockings borrowed on some occasion of need either from Lady Hickes or her daughter : "To my very good friend Sir Michael Hickes, Knight, "SIR MICHAEL, "I do use as you know to pay my debts with time. But indeed if you will have a good and parfite colour in a carnation stocking, it must be long in the dyeing. I have some scruple of conscience whether it was my Lady's stockings or her daughter's, and I would have the restitution to be to the right person, else I shall not have absolution. Therefore I have sent to them both, desiring them to wear them for my sake, as I did wear theirs for mine own sake. So wishing you all a good new year, I rest, Yours assured FR. BACON," § 24 THE "COURT OF THE VERGE;" DEATH OF CECIL About this time we have a glimpse of Bacon for the first time in a judicial position. Some complaints had been made that the Court of the Marshalsea, which had a special jurisdiction over the King's servants and over offences committed within the "verge" or precincts of the King's court, was in the habit of exceeding its limits; and the disputes involved some doubtful questions. The King therefore decided, probably at Bacon's suggestion, to establish (8 June, 1611) a new Court by Patent, to be called the "Court of the Verge," in which Sir Francis Bacon was appointed a Judge. Accordingly it devolved upon him to open the new Court. On this occasion he delivered a magniloquent charge to the Grand Jury, which is almost redeemed from the accusation of being too courtier-like and obsequious by a kind of grandiose unction which gives us the impression that he really did mean a great deal of what he said. It is possible that the creation of this new Court was stimulated by the assassination of the French King (Henry IV.) in the previous year, and by the consequently increased anxiety of James to secure his own personal safety. .. ... "You are to know and consider well the duty and service to which you are called, and whereupon you are, by your oath, charged. This happy estate of the subject will turn to hurt and inconvenience, if those that hold that part which you are now to perform, shall be negligent and remiss in doing their duty. For (as of two evils) it were better men's doings were looked into overstrictly and severely, than that there should be a notorious impunity of malefactors; as was well and wisely said of ancient times, a man were better live where nothing is lawful than where all things are lawful. David saith (who was a king) The wicked man shall not abide in my house; as taking knowledge that it was impossible for kings to extend their care to banish wickedness over all their land or empire, but yet at least they ought to undertake to God for their house. We see further that the Law doth so esteem the dignity of the King's settled mansion-house, as it hath laid unto it a plot of twelve miles round (which we call the Verge) to be subject to a special and exempted jurisdiction depending upon his person and great officers. This is as a halfpace, or carpet, spread about the King's Chair of Estate, which therefore ought to be cleared and voided more than other places of the kingdom; for if offences shall be shrouded under the King's wings, what hope is there of discipline and good justice in more remote parts? We see the sun, when it is at the brightest; there may be perhaps a bank of clouds in the North, or the West or remote regions, but near his body few or none: so where the King cometh, there should come peace and order and an awe and reverence in men's hearts." Offences are divided into four classes, those that concern (1) God and his Church; (2) the King and his Estate; (3) the King's people (being capital); (4) the King's people (not being capital): ".. For contempts of our Church and service, they are comprehended in that known name,1 Recusancy; which offence hath many branches and dependencies. The wife-recusant, she tempts; the church-papist, he feeds and relieves; the corrupt school-master, he soweth tares; the dissembler, he conformeth and doth not communicate. Therefore, if any person, man or woman, wife or sole, above the age of sixteen years, not having some lawful excuse, have not repaired to church according to the several statutes, the one for the weekly, the other for the monthly repair, you are to present both the offence and the time how long. And of these offences of Recusancy take you special regard. Twelve miles from Court is no region for such subjects. In the name of God, why should not twelve miles about the King's Chair be as free from Papist Recusants, as twelve miles from the city of Rome (the Pope's Chair) is from Protestants. .. ... For matter of division and breach of unity, it is not without a mystery that Christ's coat had no seam; nor no more should the Church, if it were possible. Therefore if any minister refuse to use the book of Common Prayer, or wilfully swerveth in divine service from that book; or if any person whatsoever do scandalise that book and speak openly and maliciously in derogation of it-such men do but make a rent in the garment and such are by you to be enquired of." After touching on perjury and witchcraft, the Charge refers matters of Supremacy, Jesuits, and seminaries, to the second head, viz. offences against "the King and his Estate;" under which he treats amply of them, and also includes prophecies. "Lastly, because the vulgar people are sometimes led with vain and fond prophecies, if any such shall be published to the end to move stirs or tumults, this is not felony, but punished by a year's imprisonment and loss of goods; and of this also shall you enquire. You shall likewise understand that the escape of any prisoner committed for treason, is treason ; whereof you are likewise to enquire." 1 The MS. is here corrupt. 2 Meaning, I suppose, feeds and relieves the cause of Recusancy. Under the third head, he is as severe as James himself could have desired against duelling. I must say unto you, in general, that life is grown too cheap in these times. It is set at the price of words, and every petty scorn or disgrace can have no other reparation. Nay, so many men's lives are taken away with impunity that the very life of the Law is almost taken away, which is the execution. And therefore, though we cannot restore the life of those men that are slain, yet I pray let us restore the Law to her life by proceeding with due severity against the offenders. And most especially this plot of ground (which as I said is the King's carpet) ought not to be stained with blood, crying in the ears of God and the King." Under the fourth head are included matters of force and outrage, fraud and deceit (as the use of false weights and measures), public nuisances and grievances, breach and inobservance of certain wholesome and politic laws; and herein the Jury is to inquire concerning (1) the King's pleasure, (2) the people's food, wares, and manufactures. "You shall therefore enquire of the unlawful taking partridges, and pheasants or fowl, the destruction of the eggs of the wild-fowl, the killing of hares or deer, and the selling of venison or hares; for that which is for exercise and sport and courtesy, should not be turned to gluttony and sale victual. "You shall also enquire whether bakers and brewers keep their assize,2 and whether as well they as butchers, inn-holders and victuallers, do sell that which is wholesome, and at reasonable prices, and whether they do link and combine to raise prices. "Lastly you shall enquire whether the good statute be observed whereby a man may have that he thinketh he hath, and not be abused or mis-served in that he buys: I mean that statute that requireth that none use any manual occupation but such as have been seven years apprentice to it... There be many more things enquirable by you.... but those which I have gone through are the principal points of your charge, which to present you have taken the name of God to witness; and in the name of God perform it." The reader will perceive that the jurisdiction of the new court was to be very wide. That of the old court of the Marshalsea was limited in the twenty-eighth year of Edward I., 1 Essays, iv. 4. 2 That is, keep "due measure," the word "assize" meaning "a fixed quantity or dimension" (Skeat, Etymological Dictionary.) |