the community; and that, if he were not indifferent, – if he were to exercise any discretion as to the party for whom he pleads, the course of justice would be interrupted by prejudice to the suitor, and the exclusion of integrity from the profession. The suitor would be prejudiced in proportion to the respectability of the advocate who had shrunk from his defence, and the weight of character of the counsel would be evidence in the cause. Integrity would be excluded from the profession, as the counsel would necessarily be associated with the cause of his client; with the slanderer, the adulterer, the murderer, or the traitor, whom it may be his duty to defend.
Such were the various conflicting duties by which a common mind might have been perplexed; but, strong in knowledge, he, without embarrassment, looked steadily at the undefined shapes of difficulty and danger, of possible mistake or mischance, and, without any of the vacillation in which contemplative genius is too apt to indulge, he saw instantly the path of his duty, and steadily advanced in it. He saw that, if he acted in obedience to general rules, he ought neither to desert the queen, or to bereave himself of the power to do good. If, not adhering to general rules, he exercised his own understanding upon the particular circumstances of the case, he saw that, by yielding to popular feeling, he might gain momentary applause, might leave Essex to a merciless opponent, and, by depriving himself of all influence over the queen, might sacrifice his friend at the foot of the throne.
He therefore wrote instantly to the queen, and, by this sagacious and determined conduct, having at once defeated the stratagems by which it was vainly hoped that he would be entangled, he, regardless of the senseless clamour of those who praise they know not what, and know not whom; of those who could neither be put in possession of his real sentiments towards Essex, or the private communications on his behalf with the queen, went right onward with his own, and the approbation of intelligence.
The following is Bacon's own account of this extraordinary event: – And then did some principal counsellors send for us of the learned counsel, and notify her majesty's pleasure unto us: save that it was said to me openly by one of them, that her majesty was not yet resolved whether she would have me ferborns in the business or no. And hereupon might arise that other sinister and untrue speech, that I hear, is raised of me, how I was a suitor to be used against my lord of Essex at that time; for it is very true, that I that knew well what had passed between the queen and me, and what occasion I had given for both of distate and distrust in crossing her disposition, by standing steadfastly for my lord of Essex, and suspecting it also to be a stratagem arising from some particular emulation, I writ to her two or three words of compliment, signifying to her majesty, "That if she would be pleased to spare me in my lord of Essex's cause, out of the consideration she took of my obligation towards him, I should reckon it for one of her greatest favours: but otherwise desiring her majesty to think that I knew the degrees of duties; and that no particular obligation whatsoever to any subject could supplant or weaken that entireness of duty that I did owe and bear to her and her service." And this was the goodly suit I made, being a respect no man that had his wits could have omitted: but nevertheless I had a farther reach in it; for I judged that day's work would be a full period of any bitterness or harshness between the queen and my lord: and therefore, if I declared myself fully according to her mind at that time, which could not do my lord any manner of prejudice, I should keep my credit with her ever after, whereby to do my lord service.
The proceedings after this communication to the queen are thus stated by Bacon: – "Here upon the next news that I heard was, that we were all sent for again; and that her majesty's pleasure was, we all should have parts in the business; and the lords falling into distribution of our parts, it was allotted to me, that I should set forth some undutiful carriage of my lord, in giving occasion and countenance to a seditious pamphlet, as it was termed, which was dedicated unto him, which was the book before mentioned of King Henry IV. Whereupon I replied to that allotment, and said to their lordships, That it was an old matter, and had no manner of coherence with the rest of the charge, being matters of Ireland: and therefore, that I having been wronged by bruits before, this would expose me to them more; and it would be said I gave in evidence mine own tales. It was answered again with good shew, that because it was considered how I stood tied to my lord of Essex, therefore that part was thought fittest for me, which did him least hurt; for that whereas all the rest was matter of charge and accusation, this only was but matter of caveat and admonition. Wherewith, though I was in mine own mind little satisfied, because I knew well a man were better to be charged with some faults, than admonished of some others; yet the conclusion binding upon the queen's pleasure directly, 'volens nolens,' I could not avoid that part that was laid upon me."[1] On the 5th June, 1600, this trial took place. It was marked by the same indecision that had characterized the whole of the queen's conduct. To give effect to her wishes that Essex should be censured, not sentenced, each man had his part allotted; and lest this mark of her disapprobation should hereafter be urged against him, she commanded that no official record should be kept of the proceedings, that he might not be rendered incapable of bearing office in her household.
- ↑ See Bacon's Apology, vol. ii. p. 339.
