considering that they are but clauses that were in the former patents, and in many other patents of companies, and that the additions likewise passed the allowance of the table, it will be but clamoured, and perhaps conceived, that to quarrel them now is but an occasion taken; and that the times are changed, rather than the matter. But that which preserveth intire your Majesty's honour, and the constancy of your proceedings, is to put the breach upon their orders. For this light I gave in my report, which the table readily apprehended, and much approved; that if the table reject their orders as unlawful and unjust, it doth not free them from their contract for whosoever contracteth or undertaketh any thing is always understood to perform it by lawful means; so as they have plainly abused the state, if that which they have undertaken be either impossible or unjust. I am bold to present this consideration to the excellent faculty of your Majesty's own judgment; because I think it importeth that further good which may grow to your Majesty in the close of this business, that the falling off be without all exception. God have you in his precious custody. Your Majesty's most humble and bounden subject and servant, FR. BACON. Feb. 3, 1615. In this case the King approved Bacon's advice and immediately acted upon it; as appears by the following letter from Winwood to Sir Thomas Lake, dated the 6th of February. "For the matter of dyeing and dressing, I think my Lord Fenton will shortly be with you; with him you may confer at large what course is to be taken for his M. service. His M. this morning hath received a letter from the Attorney who doth justify the patent of the New Company; because the latter patent is in a manner the very same with the former, and was drawn by order from the Lords. His M. doth wish the new Company should break, if there be not found good possibility to proceed in the undertaking, rather upon the orders which they in their Court peculiarly have established, than that advantage should be taken upon the ground of the Patent. Howsoever, this dispute would have an end, and nothing can be more prejudicial to the service of the King and kingdom than this irresolution. Withal care is to be taken, which is the cause of my L. Fenton's coming, that the old merchants, if they be stablished, slip not their necks out of the collar, but perform really what heretofore was promised by them to the increase of his M. revenew." 7. In the middle of these troubles the Lord Chancellor had another attack of illness-an attack so severe that it seemed likely to prove fatal. This could not but suggest the important question, who was to succeed him? a question in which Bacon had a personal as well as a public interest; though it seems that on second thoughts he determined to suppress all allusion to it for the present. I say on second thoughts: because in this case again we happen to have a copy of the first draft of the letter which he sent to the King on the occasion, as well as the letter itself, so that we may trace the change in his intention. The letter as it stood in his own collection is no doubt a transcript of the first copy, and runs thus: A LETTER TO THE KING, TOUCHING THE LORD CHANCELLOR'S SICKNESS.2 It may please your most excellent Majesty, I am glad to understand by Mr. Murray that your Majesty accepteth well of my poor endeavours in opening unto you the passages of your service, that business may come the less crude and the more prepared to your royal judgment; the perfection whereof, as I cannot expect they should satisfy in every particular, so I hope through my assiduity there will result a good total. My Lord Chancellor's sickness falleth out duro tempore. I have always known him a wise man, and of a just elevation for monarchy. But your Majesty's service must not be mortal. And if you leese 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. God evermore preserve your Majesty. Feb. 9, 1615. Your Majesty's most humble subject Before this was despatched, Bacon heard from Murray that the 1S. P. Dom. James I., vol. lxxxvi. no. 42. 2 Add. MSS. 5503, f. 67. King had himself written to the Lord Chancellor. This, it seems, induced him to rewrite (or at any rate in writing fair to alter) his letter in the latter part, and to substitute that which follows; which is the letter that went. It may please your most exc. Ma.1 I am glad to understand by Mr. Murray that your M. accepteth well of my poor endeavours in opening unto your M. the passages of your service, that business may come the less crude and the better prepared to your royal judgment. The perfection whereof is such, as I cannot presume I shall be able to satisfy the same in every particular, but yet I hope thorough my assiduity I shall be able to give your M. an honest account of the total. My L. Chancellor's sickness falleth out duro tempore. I have ever known him a wise man and of a just elevation for monarchy. I understand this afternoon by Mr. Murray that your M. hath written to him, and I can best witness how much that sovereign cordial wrought with him in his sickness this time twelvemonth, which sickness was not so much in his spirits as this is. I purpose to see my L. tomorrow, and then I will be bold to write to your M. what hope I have either of his continuance or of his return to business, that your M.'s service may be as little passive as can be by this accident. God have your M. in his precious custody. Your M.'s most humble subject and most bounden servant, FR. BACON. 1615.2 The result of Bacon's observation of the Lord Chancellor's condition was unfavourable. He evidently thought that all was over, and that the place would be vacant immediately: whereupon (the consideration of a successor being a matter of too much importance to be postponed any longer out of delicacy) he proceeded to set forth to the King the conditions of the question, and the several courses among which he had to choose. The conclusion to which his statement was meant to lead was that he was himself the fittest man for the office; which I suppose was no more than he believed to be true. 1 Add. MSS. 19,402, f. 105. Original: own hand. 2 The part of the paper which contained the month-date is worn off. 1 1 am not aware that there was at that time any professional etiquette which forbade him to mention his own name; and in advising the King to do that which he believed to be best for him he could not be violating any rule written in the nature of things. The fault therefore (if fault there was) must have been in the manner of doing it, not in the thing itself; and for the manner we must look to the terms of the letter which he wrote; a letter of which (however private and confidential at the time) he certainly did not wish to make a secret with posterity, seeing that he preserved a copy in his own collection, which was meant for the benefit of posterity. It has indeed suffered a little hitherto from the well-meant manipulations of Tenison, which succeeding editors have not entirely removed, and which we have the means in this case of discriminating with certainty. But they affect only the style and taste in its literary aspect, and are now at last, I trust, completely eliminated. Wherever the copy in Tenison's Baconiana differs alike from the fair copy at Lambeth (being that which Bacon kept for himself), from the copy in the manuscript collection now in the British Museum (Add. 5503)— being a transcript of his own "register-book of letters," which he left to trustees for publication or preservation,-and from the copy in the Cabala (ed. 1663), where the letter was first printed, probably from the original which went to the King,-I conclude that the variation represents, not what Bacon wrote, but what Tenison thought he had better have written, and I have rejected it without scruple. The copy which follows is taken from the Lambeth MS., which has Bacon's own docket upon it, and in the absence of the letter actually despatched must be accepted as the highest authority. A LETTER TO THE KING TOUCHING THE LORD CHANCELLOR'S PLACE.2 It may please your most excellent Majesty, Your worthy Chancellor, I fear, goes 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 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 1 Add. MSS. 5503 f. 67. 2 Gibson Papers, vol. viii. f. 24. Fair copy. 3 So the three copies above mentioned. The copy in the Baconiana has "one of the choicer plants in your Majesty's garden." VOL. V. R never forget, when I moved your Majesty for the Attorney's place, it was your own sole act, more than that Somerset when he knew your Majesty had resolved it, thrust himself into the business for a fee: and therefore I have no reason to pray to saints. 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 6000l. per annum,2 and fourthly of my place of the Star-Chamber,3 which is worth 1600l. per annum; and with the favour and countenance of a Chancellor much more. I hope I may be acquitted of presumption if I think of it, both because my father had the place, which is some civil inducement to my desire (and I pray God your Majesty may have twenty no worse years in your greatness, than Queen Elizabeth had in her model, after my father's placing), and chiefly because since the Chancellor's place went to the law, it was ever conferred upon some of the learned counsel, and never upon a Judge. For Audeley was raised from King's serjeant; my father from attorney of the wards; Bromley from solicitor; Puckering from Queen's serjeant; Egerton from master of the rolls, having newly left the attorney's place. Now I beseech your Majesty let me put you the present case truly. If you take my Lord Coke, this will follow; first your Majesty shall put an over-ruling nature into an over-ruling 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 Hubbard, 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 1 So the three copies. The Baconiana gives "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." 2 This clause is omitted in the Baconiana. 3 The rest of the sentence is omitted in the Baconiana. 4 "Because the Chancellor's place, after it went to the law, was," etc.: Baconiana. After "Coke," there follow in the MS. the words " (who in my mouth I think the best choice)," with a line drawn through them. 6"Mountures" in MS. |