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During a long course of years, Bacon's unworthy ambition was crowned with success. His sagacity early enabled him to perceive who was likely to become the most powerful man in the kingdom. He probably knew the King's mind before it was known to the King himself, and attached himself to Villiers, while the less discerning crowd of courtiers still continued to fawn on Somerset, The influence of the younger favourite became greater daily. The contest between the rivals might, however, have lasted long, but for that frightful crime which, in spite of all that could be effected by the research and ingenuity of historians, is still covered with so mysterious an obscurity. The descent of Somerset had been a gradual and almost imperceptible lapse. It now became a headlong fall; and Villiers, left without a competitor, rapidly rose to a height of power such as no subject since Wolsey had attained.
There were many points of resemblance between the two celebrated courtiers who, at different times, extended their patronage to Bacon. It is difficult to say whether Essex or Villiers was more eminently distinguished by those graces of person and manner which have always been rated in courts at much more than their real value. Both were constitutionally brave; and both, like most men who are constitutionally brave, were open and unreserved. Both were rash and head-strong. Both were destitute of the abilities and of the information which are necessary to statesmen. Yet both, trusting to the accomplishments which had made them conspicuous in tilt-yards and ball-rooms, aspired to rule the State. Both owed their elevation to the personal attachment of the sovereign; and in both cases this attachment was of so eccentric a kind, that it perplexed observers, that it still continues to perplex historians, and that it gave rise to much scandal which we are inclined to think unfounded. Each of them treated the sovereign whose favour he enjoyed with a rudeness which approached to insolence. This petulance ruined Essex, who had to deal with a spirit naturally as proud as his own, and accustomed, during near half a century, to the most respectful observance. But there was a wide difference between the haughty daughter of Henry and her successor. James was timid from the cradle. His nerves, naturally weak, had not been fortified by reflection or by habit. His life, till he came to England, had been a series of mortifications and humiliations. With all his high notions of the origin and extent of his prerogatives, he was never his own master for a day. In spite of his kingly title, in spite of his despotic theories, he was to the last a slave at heart. Villiers treated him like one; and this course, though adopted, we believe, merely from temper, succeeded as well as if it had been a system of policy formed after mature deliberation.
In generosity, in sensibility, in capacity for friendship, Essex far surpassed Buckingham. Indeed, Buckingham can scarcely be said to have had any friend, with the exception of the two princes over whom successively he exercised so wonderful an influence. Essex was to the last adored by the people. Buckingham was always a most unpopular man, except perhaps for a very short time after his return from the childish visit to Spain. Essex fell a victim to the rigour of the Government amidst the lamentations of the people. Buckingham, execrated by the people, and solemnly declared a public enemy by the representatives of the people, fell by the hand of one of the people, and was lamented by none but his master.
The way in which the two favourites acted towards Bacon was highly characteristic, and may serve to illustrate the old and true saying, that a man is generally more inclined to feel kindly towards one on whom he has conferred favours than towards one from whom he has received them. Essex loaded Bacon with benefits, and never thought that he had done enough. It seems never to have crossed the mind of the powerful and wealthy noble that the poor barrister whom he treated with such munificent kindness was not his equal. It was, we have no doubt, with perfect sincerity that the Earl declared that he would willingly give his sister or daughter in marriage to his friend. He was in general more than sufficiently sensible of his own merits; but he did not seem to know that he had ever deserved well of Bacon. On that cruel day when they saw each other for the last time at the bar of the Lords, Essex taxed his perfidious friend with unkindness and insincerity, but never with ingratitude. Even in such a moment, more bitter than the bitterness of death, that noble heart was too great to vent itself in such a reproach.
Villiers, on the other hand, owed much to Bacon. When their acquaintance began, Sir Francis was a man of mature age, of high station, and of established fame as a politician, an advocate, and a writer. Villiers was little more than a boy, a younger son of a house then of no great note. He was but just entering on the career of court favour; and none but the most discerning observers could as yet perceive that he was likely to distance all his competitors. The countenance and advice of a man so highly distinguished as the Attorney-General, must have been an object of the highest importance to the young adventurer. But though Villiers was the obliged party, he was far less warmly attached to Bacon, and far less delicate in his conduct towards Bacon, than Essex had been.
To do the new favourite justice, he early exerted his influence in behalf of his illustrious friend. In 1616 Sir Francis was sworn of the Privy Council, and in March 1617, on the retirement of Lord Brackley, was appointed Keeper of the Great Seal.
On the seventh of May, the first day of term, he rode in state to Westminster Hall, with the Lord Treasurer on his right hand, the Lord Privy Seal on his left, a long procession of students and ushers before him, and a crowd of peers, privy-councillors, and judges following in his train. Having entered his court, he addressed the splendid auditory in a grave and dignified speech, which proves how well he understood those judicial duties which he afterwards performed so ill. Even at that moment, the proudest moment of his life in the estimation of the vulgar, and, it may be, even in his own, he cast back a look of lingering affection towards those noble pursuits from which, as it seemed, he was about to be estranged. "The depth of the three long vacations," said he, "I would reserve in some measure free from business of estate, and for studies, arts, and sciences, to which of my own nature I am most inclined."
The years during which Bacon held the Great Seal were among the darkest and most shameful in English history. Everything at home and abroad was mismanaged. First came the execution of Raleigh, an act which, if done in a proper manner, might have been defensible, but which, under all the circumstances, must be considered as a dastardly murder. Worse was behind: the war of Bohemia, the successes of Tilly and Spinola, the Palatinate conquered, the King's son-in-law an exile, the House of Austria dominant on the Continent, the Protestant religion and the liberties of the Germanic body trodden under foot. Meanwhile, the wavering and cowardly policy of England furnished matter of ridicule to all the nations of Europe. The love of peace which James professed would, even when indulged to an impolitic excess, have been respectable, if it had proceeded from tenderness for his people. But the truth is, that, while he had nothing to spare for the defence of the natural allies of England, he resorted without scruple to the most illegal and oppressive devices, for the purpose of enabling Buckingham and Buckingham's relations to outshine the ancient aristocracy of the realm. Benevolences were exacted. Patents of monopoly were multiplied. All the resources which could have been employed to replenish a beggared exchequer, at the close of a ruinous war, were put in motion during this season of ignominious peace.
The vices of the administration must be chiefly ascribed to the weakness of the King and to the levity and violence of the favourite. But it is impossible to acquit the Lord Keeper of all share in the guilt. For those odious patents, in particular, which passed the Great Seal while it was in his charge, he must be held answerable. In the speech which he made on first taking his seat in his court, he had pledged himself to discharge this important part of his functions with the greatest caution and impartiality. He had declared that he "would walk in the light," "that men should see that no particular turn or end led him, but a general rule." Mr. Montagu would have us believe that Bacon acted up to these professions, and says that "the power of the favourite did not deter the Lord Keeper from staying grants and patents when his public duty demanded this interposition." Does Mr. Montagu consider patents of monopoly as good things? or does he mean to say that Bacon staid every patent of monopoly that came before him? Of all patents in our history, the most disgraceful was that which was granted to Sir Giles Mompesson, supposed to be the original of Massinger's Overreach, and to Sir Francis Michell, from whom justice Greedy is supposed to have been drawn, for the exclusive manufacturing of gold and silver lace. The effect of this monopoly was of course that the metal employed in the manufacture was adulterated, to the great loss of the public. But this was a trifle. The patentees were armed with powers as great as have ever been given to farmers of the revenue in the worst governed countries. They were authorised to search houses and to arrest interlopers; and these formidable powers were used for purposes viler than even those for which they were given, for the wreaking of old grudges, and for the corrupting of female chastity. Was not this a case in which public duty demanded the interposition of the Lord Keeper? And did the Lord Keeper interpose? He did. He wrote to inform the King, that he "had considered of the fitness and conveniency of the gold and silver thread business," "that it was convenient that it should be settled," that he "did conceive apparent likelihood that it would redound much to his Majesty's profit," that, therefore, "it were good it were settled with all convenient speed." The meaning of all this was, that certain of the House of Villiers were to go shares with Overreach and Greedy in the plunder of the public. This was the way in which, when the favourite pressed for patents, lucrative to his relations and to his creatures, ruinous and vexatious to the body of the people, the chief guardian of the laws interposed. Having assisted the patentees to obtain this monopoly, Bacon assisted them also in the steps which they took for the purpose of guarding it. He committed several people to close confinement for disobeying his tyrannical edict. It is needless to say more. Our readers are now able to judge whether, in the matter of patents, Bacon acted conformably to his professions, or deserved the praise which his biographer has bestowed on him.
In his judicial capacity his conduct was not less reprehensible. He suffered Buckingham to dictate many of his decisions. Bacon knew as well as any man that a judge who listens to private solicitations is a disgrace to his post. He himself, before he was raised to the woolsack, represented this strongly to Villiers, then just entering on his career. "By no means," said Sir Francis, in a letter of advice addressed to the young courtier, "by no means be you persuaded to interpose yourself, either by word or letter, in any cause depending in any court of justice, nor suffer any great man to do it where you can hinder it. If it should prevail, it perverts justice; but if the judge be so just, and of such courage as he ought to be, as not to be inclined thereby, yet it always leaves a taint of suspicion behind it." Yet he had not been Lord Keeper a month when Buckingham began to interfere in Chancery suits; and Buckingham's interference was, as might have been expected, successful.
Mr. Montagu's reflections on the excellent passage which we have quoted above are exceedingly amusing. "No man," says he, "more deeply felt the evils which then existed of the interference of the Crown and of statesmen to influence judges. How beautifully did he admonish Buckingham, regardless as he proved of all admonition!" We should be glad to know how it can be expected that admonition will be regarded by him who receives it, when it is altogether neglected by him who gives it. We do not defend Buckingham; but what was his guilt to Bacon's? Buckingham was young, ignorant, thoughtless, dizzy with the rapidity of his ascent and the height of his position. That he should be eager to serve his relations, his flatterers, his mistresses, that he should not fully apprehend the immense importance of a pure administration of justice, that he should think more about those who were bound to him by private ties than about the public interest, all this was perfectly natural, and not altogether unpardonable. Those who intrust a petulant, hot-blooded, ill- informed lad with power, are more to blame than he for the mischief which he may do with it. How could it be expected of a lively page, raised by a wild freak of fortune to the first influence in the empire, that he should have bestowed any serious thought on the principles which ought to guide judicial decisions? Bacon was the ablest public man then living in Europe. He was near sixty years old. He had thought much, and to good purpose, on the general principles of law. He had for many years borne a part daily in the administration of justice. It was impossible that a man with a tithe of his sagacity and experience should not have known that a judge who suffers friends or patrons to dictate his decrees violates the plainest rules of duty. In fact, as we have seen, he knew this well: he expressed it admirably. Neither on this occasion nor on any other could his bad actions be attributed to any defect of the head. They sprang from quite a different cause.
A man who stooped to render such services to others was not likely to be scrupulous as to the means by which he enriched himself. He and his dependants accepted large presents from persons who were engaged in Chancery suits. The amount of the plunder which he collected in this way it is impossible to estimate. There can be no doubt that he received very much more than was proved on his trial, though, it may be, less than was suspected by the public. His enemies stated his illicit gains at a hundred thousand pounds. But this was probably an exaggeration.
It was long before the day of reckoning arrived. During the interval between the second and third Parliaments of James, the nation was absolutely governed by the Crown. The prospects of the Lord Keeper were bright and serene. His great place rendered the splendour of his talents even more conspicuous, and gave an additional charm to the serenity of his temper, the courtesy of his manners, and the eloquence of his conversation. The pillaged suitor might mutter. The austere Puritan patriot might, in his retreat, grieve that one on whom God had bestowed without measure all the abilities which qualify men to take the lead in great reforms should be found among the adherents of the worst abuses. But the murmurs of the suitor and the lamentations of the patriot had scarcely any avenue to the ears of the powerful. The King, and the Minister who was the King's master, smiled on their illustrious flatterer. The whole crowd of courtiers and nobles sought his favour with emulous eagerness. Men of wit and learning hailed with delight the elevation of one who had so signally shown that a man of profound learning and of brilliant wit might understand, far better than any plodding dunce, the art of thriving in the world.
Once, and but once, this course of prosperity was for a moment interrupted. It would seem that even Bacon's brain was not strong enough to bear without some discomposure the inebriating effect of so much good fortune. For some time after his elevation, he showed himself a little wanting in that wariness and self-command to which, more than even to his transcendent talents, his elevation was to be ascribed. He was by no means a good hater. The temperature of his revenge, like that of his gratitude, was scarcely ever more than lukewarm. But there was one person whom he had long regarded with an animosity which, though studiously suppressed, was perhaps the stronger for the suppression. The insults and injuries which, when a young man struggling into note and professional practice, he had received from Sir Edward Coke, were such as might move the most placable nature to resentment. About the time at which Bacon received the Seals, Coke had, on account of his contumacious resistance to the royal pleasure, been deprived of his seat in the Court of King's Bench, and had ever since languished in retirement. But Coke's opposition to the Court, we fear, was the effect not of good principles, but of a bad temper. Perverse and testy as he was, he wanted true fortitude and dignity of character. His obstinacy, unsupported by virtuous motives, was not proof against disgrace. He solicited a reconciliation with the favourite, and his solicitations were successful. Sir John Villiers, the brother of Buckingham, was looking out for a rich wife. Coke had a large fortune and an unmarried daughter. A bargain was struck. But Lady Coke, the lady whom twenty years before Essex had wooed on behalf of Bacon, would not hear of the match. A violent and scandalous family quarrel followed. The mother carried the girl away by stealth. The father pursued them, and regained possession of his daughter by force. The King was then in Scotland, and Buckingham had attended him thither. Bacon was during their absence at the head of affairs in England. He felt towards Coke as much malevolence as it was in his nature to feel towards anybody. His wisdom had been laid to sleep by prosperity. In an evil hour he determined to interfere in the disputes which agitated his enemy's household. He declared for the wife, countenanced the Attorney- General in the filing an information in the Star-Chamber against the husband, and wrote letters to the King and the favourite against the proposed marriage. The strong language which he used in those letters shows that, sagacious as he was, he did not quite know his place, and that he was not fully acquainted with the extent either of Buckingham's power, or of the change which the possession of that power had produced in Buckingham's character. He soon had a lesson which he never forgot. The favourite received the news of the Lord Keeper's interference with feelings of the most violent resentment, and made the King even more angry than himself. Bacon's eyes were at once opened to his error, and to all its possible consequences. He had been elated, if not intoxicated, by greatness. The shock sobered him in an instant. He was all himself again. He apologised submissively for his interference. He directed the Attorney-General to stop the proceedings against Coke. He sent to tell Lady Coke that he could do nothing for her. He announced to both the families that he was desirous to promote the connection. Having given these proofs of contrition, he ventured to present himself before Buckingham. But the young upstart did not think that he had yet sufficiently humbled an old man who had been his friend and his benefactor, who was the highest civil functionary in the realm, and the most eminent man of letters of the world. It is said that on two successive days Bacon repaired to Buckingham's house, that on two successive days he was suffered to remain in an antechamber among footboys, seated on an old wooden box, with the Great Seal of England at his side; and that when at length he was admitted, he flung himself on the floor, kissed the favourite's feet, and vowed never to rise till he was forgiven. Sir Anthony Weldon, on whose authority this story rests, is likely enough to have exaggerated the meanness of Bacon and the insolence of Buckingham. But it is difficult to imagine that so circumstantial a narrative, written by a person who avers that he was present on the occasion, can be wholly without foundation; and, unhappily, there is little in the character either of the favourite or of the Lord Keeper to make the narrative improbable. It is certain that a reconciliation took place on terms humiliating to Bacon, who never more ventured to cross any purpose of anybody who bore the name of Villiers. He put a strong curb on those angry passions which had for the first time in his life mastered his prudence. He went through the forms of a reconciliation with Coke, and did his best, by seeking opportunities of paying little civilities, and by avoiding all that could produce collision, to tame the untameable ferocity of his old enemy.
In the main, however, Bacon's life, while he held the Great Seal, was, in outward appearance, most enviable. In London he lived with great dignity at York House, the venerable mansion of his father. Here it was that, in January 1620, he celebrated his entrance into his sixtieth year amidst a splendid circle of friends. He had then exchanged the appellation of Keeper for the higher title of Chancellor. Ben Jonson was one of the party, and wrote on the occasion some of the happiest of his rugged rhymes. All things, he tells us, seemed to smile about the old house, "the fire, the wine, the men." The spectacle of the accomplished host, after a life marked by no great disaster, entered on a green old age, in the enjoyment of riches, power, high honours, undiminished mental activity, and vast literary reputation, made a strong impression on the poet, if we may judge from those well- known lines:
"England's high Chancellor, the destined heir, In his soft cradle, to his father's chair, Whose even thread the Fates spin round and full Out of their choicest and their whitest wool."
In the intervals of rest which Bacon's political and judicial functions afforded, he was in the habit of retiring to Gorhambury. At that place his business was literature, and his favourite amusement gardening, which in one of his most interesting Essays he calls "the purest of human pleasures." In his magnificent grounds he erected, at a cost of ten thousand pounds, a retreat to which he repaired when he wished to avoid all visitors, and to devote himself wholly to study. On such occasions, a few young men of distinguished talents were sometimes the companions of his retirement; and among them his quick eye soon discerned the superior abilities of Thomas Hobbes. It is not probable, however, that he fully appreciated the powers of his disciple, or foresaw the vast influence, both for good and for evil, which that most vigorous and acute of human intellects was destined to exercise on the two succeeding generations.
In January 1621, Bacon had reached the zenith of his fortunes. He had just published the Novum Organum; and that extraordinary book had drawn forth the warmest expressions of admiration from the ablest men in Europe. He had obtained honours of a widely different kind, but perhaps not less valued by him. He had been created Baron Verulam. He had subsequently been raised to the higher dignity of Viscount St. Albans. His patent was drawn in the most flattering terms, and the Prince of Wales signed it as a witness. The ceremony of investiture was performed with great state at Theobalds, and Buckingham condescended to be one of the chief actors. Posterity has felt that the greatest of English philosophers could derive no accession of dignity from any title which James could bestow, and, in defiance of the royal letters patent, has obstinately refused to degrade Francis Bacon into Viscount St. Albans.
In a few weeks was signally brought to the test the value of those objects for which Bacon had sullied his integrity, had resigned his independence, had violated the most sacred obligations of friendship and gratitude, had flattered the worthless, had persecuted the innocent, had tampered with judges, had tortured prisoners, had plundered suitors, had wasted on paltry intrigues all the powers of the most exquisitely constructed intellect that has ever been bestowed on any of the children of men. A sudden and terrible reverse was at hand. A Parliament had been summoned. After six years of silence the voice of the nation was again to be heard. Only three days after the pageant which was performed at Theobalds in honour of Bacon, the Houses met.
Want of money had, as usual, induced the King to convoke his Parliament. It may be doubted, however, whether, if he or his Ministers had been at all aware of the state of public feeling, they would not have tried any expedient, or borne with any inconvenience, rather than have ventured to face the deputies of a justly exasperated nation. But they did not discern those times. Indeed almost all the political blunders of James, and of his more unfortunate son, arose from one great error. During the fifty years which preceded the Long Parliament a great and progressive change was taking place in the public mind. The nature and extent of this change was not in the least understood by either of the first two Kings of the House of Stuart, or by any of their advisers. That the nation became more and more discontented every year, that every House of Commons was more unmanageable than that which had preceded it, were facts which it was impossible not to perceive. But the Court could not understand why these things were so. The Court could not see that the English people and the English Government, though they might once have been well suited to each other, were suited to each other no longer; that the nation had outgrown its old institutions, was every day more uneasy under them, was pressing against them, and would soon burst through them. The alarming phaenomena, the existence of which no sycophant could deny, were ascribed to every cause except the true one. "In my first Parliament," said James, "I was a novice. In my next, there was a kind of beasts called undertakers" and so forth. In the third Parliament he could hardly be called a novice, and those beasts, the undertakers, did not exist. Yet his third Parliament gave him more trouble than either the first or the second.
The Parliament had no sooner met than the House of Commons proceeded, in a temperate and respectful, but most determined manner, to discuss the public grievances. Their first attacks were directed against those odious patents, under cover of which Buckingham and his creatures had pillaged and oppressed the nation. The vigour with which these proceedings were conducted spread dismay through the Court. Buckingham thought himself in danger, and, in his alarm, had recourse to an adviser who had lately acquired considerable influence over him, Williams, Dean of Westminster. This person had already been of great use to the favourite in a very delicate matter. Buckingham had set his heart on marrying Lady Catherine Manners, daughter and heiress of the Earl of Rutland. But the difficulties were great. The Earl was haughty and impracticable, and the young lady was a Catholic. Williams soothed the pride of the father, and found arguments which, for a time at least, quieted the conscience of the daughter. For these services he had been rewarded with considerable preferment in the Church; and he was now rapidly rising to the same place in the regard of Buckingham which had formerly been occupied by Bacon.
Williams was one of those who are wiser for others than for themselves. His own public life was unfortunate, and was made unfortunate by his strange want of judgment and self-command at several important conjunctures. But the counsel which he gave on this occasion showed no want of worldly wisdom. He advised the favourite to abandon all thoughts of defending the monopolies, to find some foreign embassy for his brother Sir Edward, who was deeply implicated in the villanies of Mompesson, and to leave the other offenders to the justice of Parliament. Buckingham received this advice with the warmest expressions of gratitude, and declared that a load had been lifted from his heart. He then repaired with Williams to the royal presence. They found the King engaged in earnest consultation with Prince Charles. The plan of operations proposed by the Dean was fully discussed, and approved in all its parts.
The first victims whom the Court abandoned to the vengeance of the Commons were Sir Giles Mompesson and Sir Francis Michell. It was some time before Bacon began to entertain any apprehensions. His talents and his address gave him great influence in the House of which he had lately become a member, as indeed they must have done in any assembly. In the House of Commons he had many personal friends and many warm admirers. But at length, about six weeks after the meeting of Parliament, the storm burst.
A committee of the lower House had been appointed to inquire into the state of the Courts of Justice. On the fifteenth of March the chairman of that committee, Sir Robert Philips, member for Bath, reported that great abuses had been discovered. "The person," said he, "against whom these things are alleged is no less than the Lord Chancellor, a man so endued with all parts, both of nature and art, as that I will say no more of him, being not able to say enough." Sir Robert then proceeded to state, in the most temperate manner, the nature of the charges. A person of the name of Aubrey had a case depending in Chancery. He had been almost ruined by law expenses, and his patience had been exhausted by the delays of the court. He received a hint from some of the hangers-on of the Chancellor that a present of one hundred pounds would expedite matters. The poor man had not the sum required. However, having found out an usurer who accommodated him with it at high interest, he carried it to York House. The Chancellor took the money, and his dependants assured the suitor that all would go right. Aubrey was, however, disappointed; for, after considerable delay, "a killing decree" was pronounced against him. Another suitor of the name of Egerton complained that he had been induced by two of the Chancellor's jackals to make his Lordship a present of four hundred pounds, and that, nevertheless, he had not been able to obtain a decree in his favour. The evidence to these facts was overwhelming. Bacon's friends could only entreat the House to suspend its judgment, and to send up the case to the Lords, in a form less offensive than an impeachment.
On the nineteenth of March the King sent a message to the Commons, expressing his deep regret that so eminent a person as the Chancellor should be suspected of misconduct. His Majesty declared that he had no wish to screen the guilty from justice, and proposed to appoint a new kind of tribunal consisting of eighteen commissioners, who might be chosen from among the members of the two Houses, to investigate the matter. The Commons were not disposed to depart from their regular course of proceeding. On the same day they held a conference with the Lords, and delivered in the heads of the accusation against the Chancellor. At this conference Bacon was not present. Overwhelmed with shame and remorse, and abandoned by all those in whom he had weakly put his trust, he had shut himself up in his chamber from the eyes of men. The dejection of his mind soon disordered his body. Buckingham, who visited him by the King's order, "found his Lordship very sick and heavy." It appears, from a pathetic letter which the unhappy man addressed to the Peers on the day of the conference, that he neither expected nor wished to survive his disgrace. During several days he remained in his bed, refusing to see any human being. He passionately told his attendants to leave him, to forget him, never again to name his name, never to remember that there had been such a man in the world. In the meantime, fresh instances of corruption were every day brought to the knowledge of his accusers. The number of charges rapidly increased from two to twenty-three. The Lords entered on the investigation of the case with laudable alacrity. Some witnesses were examined at the bar of the House. A select committee was appointed to take the depositions of others; and the inquiry was rapidly proceeding, when on the twenty-sixth of March, the King adjourned the Parliament for three weeks.
This measure revived Bacon's hopes. He made the most of his short respite. He attempted to work on the feeble mind of the King. He appealed to all the strongest feelings of James, to his fears, to his vanity, to his high notions of prerogative. Would the Solomon of the age commit so gross an error as to encourage the encroaching spirit of Parliaments? Would God's anointed, accountable to God alone, pay homage to the clamorous multitude? "Those," exclaimed Bacon, "who now strike at the Chancellor will soon strike at the Crown. I am the first sacrifice. I wish I may be the last." But all his eloquence and address were employed in vain. Indeed, whatever Mr. Montagu may say, we are firmly convinced that it was not in the King's power to save Bacon, without having recourse to measures which would have convulsed the realm. The Crown had not sufficient influence over the Parliament to procure an acquittal in so clear a case of guilt. And to dissolve a Parliament which is universally allowed to have been one of the best Parliaments that ever sat, which had acted liberally and respectfully towards the Sovereign, and which enjoyed in the highest degree the favour of the people, only in order to stop a grave, temperate, and constitutional inquiry into the personal integrity of the first judge in the kingdom, would have been a measure more scandalous and absurd than any of those which were the ruin of the House of Stuart. Such a measure, while it would have been as fatal to the Chancellor's honour as a conviction, would have endangered the very existence of the monarchy. The King, acting by the advice of Williams, very properly refused to engage in a dangerous struggle with his people, for the purpose of saving from legal condemnation a Minister whom it was impossible to save from dishonour. He advised Bacon to plead guilty, and promised to do all in his power to mitigate the punishment. Mr. Montagu is exceedingly angry with James on this account. But though we are, in general, very little inclined to admire that Prince's conduct, we really think that his advice was, under all the circumstances, the best advice that could have been given.
On the seventeenth of April the Houses reassembled, and the Lords resumed their inquiries into the abuses of the Court of Chancery. On the twenty-second, Bacon addressed to the Peers a letter, which the Prince of Wales condescended to deliver. In this artful and pathetic composition, the Chancellor acknowledged his guilt in guarded and general terms, and, while acknowledging, endeavoured to palliate it. This, however, was not thought sufficient by his judges. They required a more particular confession, and sent him a copy of the charges. On the thirtieth, he delivered a paper in which he admitted, with few and unimportant reservations, the truth of the accusations brought against him, and threw himself entirely on the mercy of his peers. "Upon advised consideration of the charges," said he, "descending into my own conscience, and calling my memory to account so far as I am able, I do plainly and ingenuously confess that I am guilty of corruption, and do renounce all defence."
The Lords came to a resolution that the Chancellor's confession appeared to be full and ingenuous, and sent a committee to inquire of him whether it was really subscribed by himself. The deputies, among whom was Southampton, the common friend, many years before, of Bacon and Essex, performed their duty with great delicacy. Indeed, the agonies of such a mind and the degradation of such a name might well have softened the most obdurate natures. "My Lords," said Bacon, "it is my act, my hand, my heart. I beseech your Lordships to be merciful to a broken reed." They withdrew; and he again retired to his chamber in the deepest dejection. The next day, the sergeant-at-arms and the usher of the House of Lords came to conduct him to Westminster Hall, where sentence was to be pronounced. But they found him so unwell that he could not leave his bed; and this excuse for his absence was readily accepted. In no quarter does there appear to have been the smallest desire to add to his humiliation.
The sentence was, however, severe—the more severe, no doubt, because the Lords knew that it would not be executed, and that they had an excellent opportunity of exhibiting, at small cost, the inflexibility of their justice, and their abhorrence of corruption. Bacon was condemned to pay a fine of forty thousand pounds, and to be imprisoned in the Tower during the King's pleasure. He was declared incapable of holding any office in the State or of sitting in Parliament: and he was banished for life from the verge of the court. In such misery and shame ended that long career of worldly wisdom and worldly prosperity.
Even at this pass Mr. Montagu does not desert his hero. He seems indeed to think that the attachment of an editor ought to be as devoted as that of Mr. Moore's lovers; and cannot conceive what biography was made for,
"if 'tis not the same Through joy and through torment, through glory and shame."
He assures us that Bacon was innocent, that he had the means of making a perfectly satisfactory defence, that when "he plainly and ingenuously confessed that he was guilty of corruption," and when he afterwards solemnly affirmed that his confession was "his act, his hand, his heart," he was telling a great lie, and that he refrained from bringing forward proofs of his innocence, because he durst not disobey the King and the favourite, who, for their own selfish objects, pressed him to plead guilty.
Now, in the first place, there is not the smallest reason to believe that, if James and Buckingham had thought that Bacon had a good defence, they would have prevented him from making it. What conceivable motive had they for doing so? Mr. Montagu perpetually repeats that it was their interest to sacrifice Bacon. But he overlooks an obvious distinction. It was their interest to sacrifice Bacon on the supposition of his guilt; but not on the supposition of his innocence. James was very properly unwilling to run the risk of protecting his Chancellor against the Parliament. But if the Chancellor had been able, by force of argument, to obtain an acquittal from the Parliament, we have no doubt that both the King and Villiers would have heartily rejoiced. They would have rejoiced, not merely on account of their friendship for Bacon, which seems, however, to have been as sincere as most friendships of that sort, but on selfish grounds. Nothing could have strengthened the Government more than such a victory. The King and the favourite abandoned the Chancellor because they were unable to avert his disgrace, and unwilling to share it. Mr. Montagu mistakes effect for cause. He thinks that Bacon did not prove his innocence, because he was not supported by the Court. The truth evidently is that the Court did not venture to support Bacon, because he could not prove his innocence.
Again, it seems strange that Mr. Montagu should not perceive that, while attempting to vindicate Bacon's reputation, he is really casting on it the foulest of all aspersions. He imputes to his idol a degree of meanness and depravity more loathsome than judicial corruption itself. A corrupt judge may have many good qualities. But a man who, to please a powerful patron, solemnly declares himself guilty of corruption when he knows himself to be innocent, must be a monster of servility and impudence. Bacon was, to say nothing of his highest claims to respect, a gentleman, a nobleman, a scholar, a statesman, a man of the first consideration in society, a man far advanced in years. Is it possible to believe that such a man would, to gratify any human being, irreparably ruin his own character by his own act? Imagine a grey-headed judge, full of years and honours, owning with tears, with pathetic assurances of his penitence and of his sincerity, that he has been guilty of shameful malpractices, repeatedly asseverating the truth of his confession, subscribing it with his own hand, submitting to conviction, receiving a humiliating sentence and acknowledging its justice, and all this when he has it in his power to show that his conduct has been irreproachable! The thing is incredible. But if we admit it to be true, what must we think of such a man, if indeed he deserves the name of man, who thinks anything that kings and minions can bestow more precious than honour, or anything that they can inflict more terrible than infamy?
Of this most disgraceful imputation we fully acquit Bacon. He had no defence; and Mr. Montagu's affectionate attempt to make a defence for him has altogether failed.
The grounds on which Mr. Montagu rests the case are two: the first, that the taking of presents was usual, and, what he seems to consider as the same thing, not discreditable; the second, that these presents were not taken as bribes.
Mr Montagu brings forward many facts in support of his first proposition. He is not content with showing that many English judges formerly received gifts from suitors, but collects similar instances from foreign nations and ancient times. He goes back to the commonwealths of Greece, and attempts to press into his service a line of Homer and a sentence of Plutarch, which, we fear, will hardly serve his turn. The gold of which Homer speaks was not intended to fee the judges, but was paid into court for the benefit of the successful litigant; and the gratuities which Pericles, as Plutarch states, distributed among the members of the Athenian tribunals, were legal wages paid out of the public revenue. We can supply Mr. Montagu with passages much more in point. Hesiod, who, like poor Aubrey, had a "killing decree " made against him in the Chancery of Ascra, forgot decorum so far that he ventured to designate the learned persons who presided in that court, as Basileas dorophagous. Plutarch and Diodorus have handed down to the latest ages the respectable name of Anytus, the son of Anthemion, the first defendant who, eluding all the safeguards which the ingenuity of Solon could devise, succeeded in corrupting a bench of Athenian judges. We are indeed so far from grudging Mr. Montagu the aid of Greece, that we will give him Rome into the bargain. We acknowledge that the honourable senators who tried Verres received presents which were worth more than the fee-simple of York House and Gorhambury together, and that the no less honourable senators and knights who professed to believe in the alibi of Clodius obtained marks still more extraordinary of the esteem and gratitude of the defendant. In short, we are ready to admit that, before Bacon's time, and in Bacon's time, judges were in the habit of receiving gifts from suitors.
But is this a defence? We think not. The robberies of Cacus and Barabbas are no apology for those of Turpin. The conduct of the two men of Belial who swore away the life of Naboth has never been cited as an excuse for the perjuries of Oates and Dangerfield. Mr. Montagu has confounded two things which it is necessary carefully to distinguish from each other, if we wish to form a correct judgment of the characters of men of other countries and other times. That an immoral action is in a particular society, generally considered as innocent, is a good plea for an individual who, being one of that society, and having adopted the notions which prevail among his neighbours, commits that action. But the circumstance that a great many people are in the habit of committing immoral actions is no plea at all. We should think it unjust to call St. Louis a wicked man, because in an age in which toleration was generally regarded as a sin, he persecuted heretics. We should think it unjust to call Cowper's friend, John Newton, a hypocrite and monster, because at a time when the slave-trade was commonly considered by the most respectable people as an innocent and beneficial traffic, he went, largely provided with hymn-books and handcuffs, on a Guinea voyage. But the circumstance that there are twenty thousand thieves in London is no excuse for a fellow who is caught breaking into a shop. No man is to be blamed for not making discoveries in morality, for not finding out that something which everybody else thinks to be good is really bad. But, if a man does that which he and all around him know to be bad, it is no excuse for him that many others have done the same. We should be ashamed of spending so much time in pointing out so clear a distinction, but that Mr. Montagu seems altogether to overlook it.
Now, to apply these principles to the case before us; let Mr. Montagu prove that, in Bacon's age, the practices for which Bacon was punished were generally considered as innocent, and we admit that he has made out his point. But this we defy him to do. That these practices were common we admit; but they were common just as all wickedness to which there is strong temptation always was and always will be common. They were common just as theft, cheating, perjury, adultery have always been common. They were common, not because people did not know what was right, but because people liked to do what was wrong. They were common, though prohibited by law. They were common, though condemned by public opinion. They were common, because in that age law and public opinion united had not sufficient force to restrain the greediness of powerful and unprincipled magistrates. They were common, as every crime will be common when the gain to which it leads is great, and the chance of punishment small. But, though common, they were universally allowed to be altogether unjustifiable; they were in the highest degree odious; and, though many were guilty of them, none had the audacity publicly to avow and defend them.
We could give a thousand proofs that the opinion then entertained concerning these practices was such as we have described. But we will content ourselves with calling a single witness, honest Hugh Latimer. His sermons, preached more than seventy years before the inquiry into Bacon's conduct, abound with the sharpest invectives against those very practices of which Bacon was guilty, and which, as Mr. Montagu seems to think, nobody ever considered as blamable till Bacon was punished for them. We could easily fill twenty pages with the homely, but just and forcible rhetoric of the brave old bishop. We shall select a few passages as fair specimens, and no more than fair specimens, of the rest. "Omnes diligunt munera. They all love bribes. Bribery is a princely kind of thieving. They will be waged by the rich, either to give sentence against the poor, or to put off the poor man's cause. This is the noble theft of princes and magistrates. They are bribe-takers. Nowadays they call them gentle rewards. Let them leave their colouring, and call them by their Christian name— bribes." And again. "Cambyses was a great emperor, such another as our master is. He had many lord-deputies, lord-presidents, and lieutenants under him. It is a great while ago since I read the history. It chanced he had under him, in one of his dominions, a briber, a gift-taker, a gratifier of rich men; he followed gifts as fast as he that followed the pudding, a hand-maker in his office to make his son a great man, as the old saying is: Happy is the child whose father goeth to the devil. The cry of the poor widow came to the emperor's ear, and caused him to flay the judge quick, and laid his skin in the chair of judgment, that all judges that should give judgment afterwards should sit in the same skin. Surely it was a goodly sign, a goodly monument, the sign of the judge's skin. I pray God we may once see the skin in England." "I am sure," says he, in another sermon, "this is scala inferni, the right way to hell, to be covetous, to take bribes, and pervert justice. If a judge should ask me the way to hell, I would show him this way. First, let him be a covetous man; let his heart be poisoned with covetousness. Then let him go a little further, and take bribes; and, lastly, pervert judgment. Lo, here is the mother, and the daughter, and the daughter's daughter. Avarice is the mother: she brings forth bribe-taking, and bribe- taking perverting of judgment. There lacks a fourth thing to make up the mess, which, so help me God, if I were judge, should be hangum tuum, a Tyburn tippet to take with him; an it were the judge of the King's Bench, my Lord Chief Judge of England, yea, an it were my Lord Chancellor himself, to Tyburn with him." We will quote but one more passage. "He that took the silver basin and ewer for a bribe, thinketh that it will never come out. But he may now know that I know it, and I know it not alone; there be more beside me that know it. Oh, briber and bribery! He was never a good man that will so take bribes. Nor can I believe that he that is a briber will be a good justice. It will never be merry in England till we have the skins of such. For what needeth bribing where men do their things uprightly?"
This was not the language of a great philosopher who had made new discoveries in moral and political science. It was the plain talk of a plain man, who sprang from the body of the people, who sympathised strongly with their wants and their feelings, and who boldly uttered their opinions. It was on account of the fearless way in which stout-hearted old Hugh exposed the misdeeds of men in ermine tippets and gold collars, that the Londoners cheered him, as he walked down the Strand to preach at Whitehall, struggled for a touch of his gown, and bawled, "Have at them, Father Latimer!" It is plain, from the passages which we have quoted, and from fifty others which we might quote, that, long before Bacon was born, the accepting of presents by a judge was known to be a wicked and shameful act, that the fine words under which it was the fashion to veil such corrupt practices were even then seen through by the common people, that the distinction on which Mr. Montagu insists between compliments and bribes was even then laughed at as a mere colouring. There may be some oratorical exaggeration in what Latimer says about the Tyburn tippet and the sign of the judge's skin; but the fact that he ventured to use such expressions is amply sufficient to prove that the gift- taking judges, the receivers of silver basins and ewers, were regarded as such pests of the commonwealth that a venerable divine might, without any breach of Christian charity, publicly pray to God for their detection and their condign punishment.
Mr. Montagu tells us, most justly, that we ought not to transfer the opinions of our age to a former age. But he has himself committed a greater error than that against which he has cautioned his readers. Without any evidence, nay, in the face of the strongest evidence, he ascribes to the people of a former age a set of opinions which no people ever held. But any hypothesis is in his view more probable than that Bacon should have been a dishonest man. We firmly believe that, if papers were to be discovered which should irresistibly prove that Bacon was concerned in the poisoning of Sir Thomas Overbury, Mr. Montagu would tell us that, at the beginning of the seventeenth century, it was not thought improper in a man to put arsenic into the broth of his friends, and that we ought to blame, not Bacon, but the age in which he lived.
But why should we have recourse to any other evidence, when the proceeding against Lord Bacon is itself the best evidence on the subject? When Mr. Montagu tells us that we ought not to transfer the opinions of our age to Bacon's age, he appears altogether to forget that it was by men of Bacon's own age, that Bacon was prosecuted, tried, convicted, and sentenced. Did not they know what their own opinions were? Did not they know whether they thought the taking of gifts by a judge a crime or not? Mr. Montagu complains bitterly that Bacon was induced to abstain from making a defence. But, if Bacon's defence resembled that which is made for him in the volume before us, it would have been unnecessary to trouble the Houses with it. The Lords and Commons did not want Bacon to tell them the thoughts of their own hearts, to inform them that they did not consider such practices as those in which they had detected him as at all culpable. Mr. Montagu's proposition may indeed be fairly stated thus:—It was very hard that Bacon's contemporaries should think it wrong in him to do what they did not think it wrong in him to do. Hard indeed; and withal somewhat improbable. Will any person say that the Commons who impeached Bacon for taking presents, and the Lords who sentenced him to fine, imprisonment, and degradation for taking presents, did not know that the taking of presents was a crime? Or, will any person say that Bacon did not know what the whole House of Commons and the whole House of Lords knew? Nobody who is not prepared to maintain one of these absurd propositions can deny that Bacon committed what he knew to be a crime.
It cannot be pretended that the Houses were seeking occasion to ruin Bacon, and that they therefore brought him to punishment on charges which they themselves knew to be frivolous. In no quarter was there the faintest indication of a disposition to treat him harshly. Through the whole proceeding there was no symptom of personal animosity or of factious violence in either House. Indeed, we will venture to say that no State-Trial in our History is more creditable to all who took part in it, either as prosecutors or judges. The decency, the gravity, the public spirit, the justice moderated but not unnerved by compassion, which appeared in every part of the transaction, would do honour to the most respectable public men of our own times. The accusers, while they discharged their duty to their constituents by bringing the misdeeds of the Chancellor to light, spoke with admiration of his many eminent qualities. The Lords, while condemning him, complimented him on the ingenuousness of his confession, and spared him the humiliation of a public appearance at their bar. So strong was the contagion of good feeling that even Sir Edward Coke, for the first time in his life, behaved like a gentleman. No criminal ever had more temperate prosecutors than Bacon. No criminal ever had more favourable judges. If he was convicted, it was because it was impossible to acquit him without offering the grossest outrage to justice and common sense.
Mr. Montagu's other argument, namely, that Bacon, though he took gifts, did not take bribes, seems to us as futile as that which we have considered. Indeed, we might be content to leave it to be answered by the plainest man among our readers. Demosthenes noticed it with contempt more than two thousand years ago. Latimer, we have seen, treated this sophistry with similar disdain. "Leave colouring," said he, "and call these things by their Christian name, bribes." Mr. Montagu attempts, somewhat unfairly, we must say, to represent the presents which Bacon received as similar to the perquisites which suitors paid to the members of the Parliaments of France. The French magistrate had a legal right to his fee; and the amount of the fee was regulated by law. Whether this be a good mode of remunerating judges is not the question. But what analogy is there between payments of this sort, and the presents which Bacon received, presents which were not sanctioned by the law, which were not made under the public eye, and of which the amount was regulated only by private bargain between the magistrate and the suitor?
Again, it is mere trifling to say that Bacon could not have meant to act corruptly, because he employed the agency of men of rank, of bishops, privy councillors, and members of Parliament; as if the whole history of that generation was not full of the low actions of high people; as if it was not notorious that men, as exalted in rank as any of the decoys that Bacon employed, had pimped for Somerset, and poisoned Overbury.
But, says Mr. Montagu, these presents "were made openly and with the greatest publicity." This would indeed be a strong argument in favour of Bacon. But we deny the fact. In one, and one only, of the cases in which Bacon was accused of corruptly receiving gifts, does he appear to have received a gift publicly. This was in a matter depending between the Company of Apothecaries and the Company of Grocers. Bacon, in his Confession, insisted strongly on the circumstance that he had on this occasion taken a present publicly, as a proof that he had not taken it corruptly. Is it not clear that, if he had taken the presents mentioned in the other charges in the same public manner, he would have dwelt on this point in his answer to those charges? The fact that he insists so strongly on the publicity of one particular present is of itself sufficient to prove that the other presents were not publicly taken. Why he took this present publicly and the rest secretly, is evident. He on that occasion acted openly, because he was acting honestly. He was not on that occasion sitting judicially. He was called in to effect an amicable arrangement between two parties. Both were satisfied with his decision. Both joined in making him a present in return for his trouble. Whether it was quite delicate in a man of his rank to accept a present under such circumstances, may be questioned. But there is no ground in this case for accusing him of corruption.
Unhappily, the very circumstances which prove him to have been innocent in this case prove him to have been guilty on the other charges. Once, and once only, he alleges that he received a present publicly. The natural inference is that in all the other cases mentioned in the articles against him he received presents secretly. When we examine the single case in which he alleges that he received a present publicly, we find that it is also the single case in which there was no gross impropriety in his receiving a present. Is it then possible to doubt that his reason for not receiving other presents in as public a manner was that he knew that it was wrong to receive them?
One argument still remains, plausible in appearance, but admitting of easy and complete refutation. The two chief complainants, Aubrey and Egerton, had both made presents to the Chancellor. But he had decided against them both. Therefore, he had not received those presents as bribes. "The complaints of his accusers were," says Mr. Montagu, "not that the gratuities had, but that they had not influenced Bacon's judgment, as he had decided against them."
The truth is, that it is precisely in this way that an extensive system of corruption is generally detected. A person who, by a bribe, has procured a decree in his favour, is by no means likely to come forward of his own accord as an accuser. He is content. He has his quid pro quo. He is not impelled either by interested or by vindictive motives to bring the transaction before the public. On the contrary, he has almost as strong motives for holding his tongue as the judge himself can have. But when a judge practises corruption, as we fear that Bacon practised it, on a large scale, and has many agents looking out in different quarters for prey, it will sometimes happen that he will be bribed on both sides. It will sometimes happen that he will receive money from suitors who are so obviously in the wrong that he cannot with decency do anything to serve them. Thus he will now and then be forced to pronounce against a person from whom he has received a present; and he makes that person a deadly enemy. The hundreds who have got what they paid for remain quiet. It is the two or three who have paid, and have nothing to show for their money, who are noisy.
The memorable case of the Goezmans is an example of this. Beaumarchais had an important suit depending before the Parliament of Paris. M. Goezman was the judge on whom chiefly the decision depended. It was hinted to Beaumarchais that Madame Goezman might be propitiated by a present. He accordingly offered a purse of gold to the lady, who received it graciously. There can be no doubt that, if the decision of the court had been favourable to him, these things would never have been known to the world. But he lost his cause. Almost the whole sum which he had expended in bribery was immediately refunded; and those who had disappointed him probably thought that he would not, for the mere gratification of his malevolence, make public a transaction which was discreditable to himself as well as to them. They knew little of him. He soon taught them to curse the day in which they had dared to trifle with a man of so revengeful and turbulent a spirit, of such dauntless effrontery, and of such eminent talents for controversy and satire. He compelled the Parliament to put a degrading stigma on M. Goezman. He drove Madame Goezman to a convent. Till it was too late to pause, his excited passions did not suffer him to remember that he could effect their ruin only by disclosures ruinous to himself. We could give other instances. But it is needless. No person well acquainted with human nature can fail to perceive that, if the doctrine for which Mr. Montagu contends were admitted, society would be deprived of almost the only chance which it has of detecting the corrupt practices of judges.
We return to our narrative. The sentence of Bacon had scarcely been pronounced when it was mitigated. He was indeed sent to the Tower. But this was merely a form. In two days he was set at liberty, and soon after he retired to Gorhambury. His fine was speedily released by the Crown.
He was next suffered to present himself at Court; and at length, in 1624, the rest of his punishment was remitted. He was now at liberty to resume his seat in the House of Lords, and he was actually summoned to the next Parliament. But age, infirmity, and perhaps shame, prevented him from attending. The Government allowed him a pension of twelve hundred pounds a year; and his whole annual income is estimated by Mr. Montagu at two thousand five hundred pounds, a sum which. was probably above the average income of a nobleman of that generation, and which was certainly sufficient for comfort and even for splendour. Unhappily, Bacon was fond of display, and unused to pay minute attention to domestic affairs. He was not easily persuaded to give up any part of the magnificence to which he had been accustomed in the time of his power and prosperity. No pressure of distress could induce him to part with the woods of Gorhambury. "I will not," he said, "be stripped of my feathers." He travelled with so splendid an equipage and so large a retinue that Prince Charles, who once fell in with him on the road, exclaimed with surprise, "Well; do what we can, this man scorns to go out in snuff." This carelessness and ostentation reduced Bacon to frequent distress. He was under the necessity of parting with York House, and of taking up his residence, during his visits to London, at his old chambers in Gray's Inn. He had other vexations, the exact nature of which is unknown. It is evident from his will that some part of his wife's conduct had greatly disturbed and irritated him.
But, whatever might be his pecuniary difficulties or his conjugal discomforts, the powers of his intellect still remained undiminished. Those noble studies for which he had found leisure in the midst of professional drudgery and of courtly intrigues gave to this last sad stage of his life a dignity beyond what power or titles could bestow. Impeached, convicted, sentenced, driven with ignominy from the presence of his Sovereign, shut out from the deliberations of his fellow nobles, loaded with debt, branded with dishonour, sinking under the weight of years, sorrows, and diseases, Bacon was Bacon still. "My conceit of his person," says Ben Jonson very finely, "was never increased towards him by his place or honours; but I have and do reverence him for the greatness that was only proper to himself; in that he seemed to me ever, by his work, one of the greatest men and most worthy of admiration, that had been in many ages. In his adversity I ever prayed that God would give him strength; for greatness he could not want."
The services which Bacon rendered to letters during the last five years of his life, amidst ten thousand distractions and vexations, increase the regret with which we think on the many years which he had wasted, to use the words of Sir Thomas Bodley, "on such study as was not worthy of such a student." He commenced a Digest of the Laws of England, a History of England under the Princes of the House of Tudor, a body of Natural History, a Philosophical Romance. He made extensive and valuable additions to his Essays. He published the inestimable Treatise De Augmentis Scientiarum. The very trifles with which he amused himself in hours of pain and languor bore the mark of his mind. The best collection of jests in the world is that which he dictated from memory, without referring to any book, on a day on which illness had rendered him incapable of serious study.
The great apostle of experimental philosophy was destined to be its martyr. It had occurred to him that snow might be used with advantage for the purpose of preventing animal substances from putrefying. On a very cold day, early in the spring of the year 1626, he alighted from his coach near Highgate, in order to try the experiment. He went into a cottage, bought a fowl, and with his own hands stuffed it with snow. While thus engaged he felt a sudden chill, and was soon so much indisposed that it was impossible for him to return to Gray's Inn. The Earl of Arundel, with whom he was well acquainted, had a house at Highgate. To that house Bacon was carried. The Earl was absent; but the servants who were in charge of the place showed great respect and attention to the illustrious guest. Here, after an illness of about a week, he expired early on the morning of Easter-day, 1626. His mind appears to have retained its strength and liveliness to the end. He did not forget the fowl which had caused his death. In the last letter that he ever wrote, with fingers which, as he said, could not steadily hold a pen, he did not omit to mention that the experiment of the snow had succeeded "excellently well."
Our opinion of the moral character of this great man has already been sufficiently explained. Had his life been passed in literary retirement, he would, in all probability, have deserved to be considered, not only as a great philosopher, but as a worthy and good-natured member of society. But neither his principles nor his spirit were such as could be trusted, when strong temptations were to be resisted, and serious dangers to be braved.
In his will he expressed with singular brevity, energy, dignity, and pathos, a mournful consciousness that his actions had not been such as to entitle him to the esteem of those under whose observation his life had been passed, and, at the same time, a proud confidence that his writings had secured for him a high and permanent place among the benefactors of mankind. So at least we understand those striking words which have been often quoted, but which we must quote once more. "For my name and memory, I leave it to men's charitable speeches, and to foreign nations, and to the next age."
His confidence was just. From the day of his death his fame has been constantly and steadily progressive; and we have no doubt that his name will be named with reverence to the latest ages, and to the remotest ends of the civilised world.
The chief peculiarity of Bacon's philosophy seems to us to have been this, that it aimed at things altogether different from those which his predecessors had proposed to themselves. This was his own opinion. " Finis scientiarum," says he, "a nemine adhuc bene positus est."[Novum Organum, Lib. i. Aph. 81.] And again, "Omnium gravissimus error in deviatione ab ultimo doctrinarum fine consistit." [De Augmentis, Lib. i.] " Nec ipsa meta," says he elsewhere, "adhuc ulli, quod sciam, mortalium posita est et defixa."[Cogitata et visa.] The more carefully his works are examined, the more clearly, we think, it will appear that this is the real clue to his whole system, and that he used means different from those used by other philosophers, because he wished to arrive at an end altogether different from theirs.
What then was the end which Bacon proposed to himself? It was, to use his own emphatic expression, "fruit." It was the multiplying of human enjoyments and the mitigating of human sufferings. It was "the relief of man's estate." [Advancement of Learning, Book i.] It was "commodis humanis inservire." [De Augmentis, Lib. vii. Cap. i.] It was "efficaciter operari ad sublevanda vitae humanae incommoda." [Ib., Lib. ii. Cap. ii.] It was "dotare vitam humanam novis inventis et copiis." [Novum Organum, Lib. i., Aph. 81.] It was "genus humanum novis operibus et potestatibus continuo dotare." [Cogitata et visa.] This was the object of all his speculations in every department of science, in natural philosophy, in legislation, in politics, in morals.
Two words form the key of the Baconian doctrine, Utility and Progress. The ancient philosophy disdained to be useful, and was content to be stationary. It dealt largely in theories of moral perfection, which were so sublime that they never could be more than theories; in attempts to solve insoluble enigmas; in exhortations to the attainment of unattainable frames of mind. It could not condescend to the humble office of ministering to the comfort of human beings. All the schools contemned that office as degrading; some censured it as immoral. Once indeed Posidonius, a distinguished writer of the age of Cicero and Caesar, so far forgot himself as to enumerate, among the humbler blessings which mankind owed to philosophy, the discovery of the principle of the arch, and the introduction of the use of metals. This eulogy was considered as an affront, and was taken up with proper spirit. Seneca vehemently disclaims these insulting compliments. [Seneca, Epist. 90.] Philosophy, according to him, has nothing to do with teaching men to rear arched roofs over their heads. The true philosopher does not care whether he has an arched roof or any roof, Philosophy has nothing to do with teaching men the uses of metals. She teaches us to be independent of all material substances, of all mechanical contrivances. The wise man lives according to nature. Instead of attempting to add to the physical comforts of his species, he regrets that his lot was not cast in that golden age when the human race had no protection against the cold but the skins of wild beasts, no screen from the sun but a cavern. To impute to such a man any share in the invention or improvement of a plough, a ship, or a mill is an insult. "In my own time," says Seneca, "there have been inventions of this sort, transparent windows, tubes for diffusing warmth equally through all parts of a building, shorthand, which has been carried to such a perfection that a writer can keep pace with the most rapid speaker. But the inventing of such things is drudgery for the lowest slaves; philosophy lies deeper. It is not her office to teach men how to use their hands. The object of her lessons is to form the soul. Non est, inquam, instrumentorum ad usus necessarios opifex." If the non were left out, this last sentence would be no bad description of the Baconian philosophy, and would, indeed, very much resemble several expressions in the Novum Organum. "We shall next be told," exclaims Seneca, "that the first shoemaker was a philosopher." For our own part, if we are forced to make our choice between the first shoemaker and the author of the three books "On Anger," we pronounce for the shoemaker. It may be worse to be angry than to be wet. But shoes have kept millions from being wet; and we doubt whether Seneca ever kept anybody from being angry.
It is very reluctantly that Seneca can be brought to confess that any philosopher had ever paid the smallest attention to anything that could possibly promote what vulgar people would consider as the well-being of mankind. He labours to clear Democritus from the disgraceful imputation of having made the first arch, and Anacharsis from the charge of having contrived the potter's wheel. He is forced to own that such a thing might happen; and it may also happen, he tells us, that a philosopher may be swift of foot. But it is not in his character of philosopher that he either wins a race or invents a machine. No, to be sure. The business of a philosopher was to declaim in praise of poverty with two millions sterling out at usury, to meditate epigrammatic conceits about the evils of luxury, in gardens which moved the envy of sovereigns, to rant about liberty, while fawning on the insolent and pampered freedmen of a tyrant, to celebrate the divine beauty of virtue with the same pen which had just before written a defence of the murder of a mother by a son.
From the cant of this philosophy, a philosophy meanly proud of its own unprofitableness, it is delightful to turn to the lessons of the great English teacher. We can almost forgive all the faults of Bacon's life when we read that singularly graceful and dignified passage: "Ego certe, ut de me ipso, quod res est, loquar, et in iis quae nunc edo, et in iis quae in posterum meditor, dignitatem ingenii et nominis mei, si qua sit, saepius sciens et volens projicio, dum commodis humanis inserviam; quique architectus fortasse in philosophia et scientiis esse debeam, etiam operarius, et bajulus, et quidvis demum fio, cum haud pauca quae omnino fieri necesse sit, alii autem ob innatum superbiam subterfugiant, ipsi sustineam et exsequar." [De Augmentis, Lib. vii. Cap. i.] This philanthropia, which, as he said in one of the most remarkable of his early letters, "was so fixed in his mind, as it could not be removed," this majestic humility, this persuasion that nothing can be too insignificant for the attention of the wisest, which is not too insignificant to give pleasure or pain to the meanest, is the great characteristic distinction, the essential spirit of the Baconian philosophy. We trace it in all that Bacon has written on Physics, on Laws, on Morals. And we conceive that from this peculiarity all the other peculiarities of his system directly and almost necessarily sprang.
The spirit which appears in the passage of Seneca to which we have referred tainted the whole body of the ancient philosophy from the time of Socrates downwards, and took possession of intellects with which that of Seneca cannot for a moment be compared. It pervades the dialogues of Plato. It may be distinctly traced in many parts of the works of Aristotle. Bacon has dropped hints from which it may be inferred that, in his opinion, the prevalence of this feeling was in a great measure to be attributed to the influence of Socrates. Our great countryman evidently did not consider the revolution which Socrates effected in philosophy as a happy event, and constantly maintained that the earlier Greek speculators, Democritus in particular, were, on the whole, superior to their more celebrated successors. [Novum Organum, Lib. i. Aph. 71, 79. De Augmentis, Lib. iii. Cap. iv. De principiis, atque originibus. Cogitata et visa. Redargutio philosophiarum.]
Assuredly if the tree which Socrates planted and Plato watered is to be judged of by its flowers and leaves, it is the noblest of trees. But if we take the homely test of Bacon, if we judge of the tree by its fruits, our opinion of it may perhaps be less favourable. When we sum up all the useful truths which we owe to that philosophy, to what do they amount? We find, indeed, abundant proofs that some of those who cultivated it were men of the first order of intellect. We find among their writings incomparable specimens both of dialectical and rhetorical art. We have no doubt that the ancient controversies were of use, in so far as they served to exercise the faculties of the disputants; for there is no controversy so idle that it may not be of use in this way. But, when we look for something more, for something which adds to the comforts or alleviates the calamities of the human race, we are forced to own ourselves disappointed. We are forced to say with Bacon that this celebrated philosophy ended in nothing but disputation, that it was neither a vineyard nor an olive-ground, but an intricate wood of briars and thistles, from which those who lost themselves in it brought back many scratches and no food. [Novum Organum, Lib. i. Aph. 73.]
We readily acknowledge that some of the teachers of this unfruitful wisdom were among the greatest men that the world has ever seen. If we admit the justice of Bacon's censure, we admit it with regret, similar to that which Dante felt when he learned the fate of those illustrious heathens who were doomed to the first circle of Hell:
"Gran duol mi prese al cuor quando lo 'ntesi, Perocche gente di molto valore Conobbi che 'n quel limbo eran sospesi."
But in truth the very admiration which we feel for the eminent philosophers of antiquity forces us to adopt the opinion that their powers were systematically misdirected. For how else could it be that such powers should effect so little for mankind? A pedestrian may show as much muscular vigour on a treadmill as on the highway road. But on the road his vigour will assuredly carry him forward; and on the treadmill he will not advance an inch. The ancient philosophy was a treadmill, not a path. It was made up of revolving questions, of controversies which were always beginning again. It was a contrivance for having much exertion and no progress. We must acknowledge that more than once, while contemplating the doctrines of the Academy and the Portico, even as they appear in the transparent splendour of Cicero's incomparable diction, we have been tempted to mutter with the surly centurion in Persius, "Cur quis non prandeat hoc est?" What is the highest good, whether pain be an evil, whether all things be fated, whether we can be certain of anything, whether we can be certain that we are certain of nothing, whether a wise man can be unhappy, whether all departures from right be equally reprehensible; these, and other questions of the same sort, occupied the brains, the tongues, and the pens of the ablest men in the civilised world during several centuries. This sort of philosophy, it is evident, could not be progressive. It might indeed sharpen and invigorate the minds of those who devoted themselves to it; and so might the disputes of the orthodox Lilliputians and the heretical Blefuscudians about the big ends and the little ends of eggs. But such disputes could add nothing to the stock of knowledge. The human mind accordingly, instead of marching, merely marked time. It took as much trouble as would have sufficed to carry it forward; and yet remained on the same spot. There was no accumulation of truth, no heritage of truth acquired by the labour of one generation and bequeathed to another, to be again transmitted with large additions to a third. Where this philosophy was in the time of Cicero, there it continued to be in the time of Seneca, and there it continued to be in the time of Favorinus. The same sects were still battling with the same unsatisfactory arguments, about the same interminable questions. There had been no want of ingenuity, of zeal, of industry. Every trace of intellectual cultivation was there, except a harvest. There had been plenty of ploughing, harrowing, reaping, threshing. But the garners contained only smut and stubble.
The ancient philosophers did not neglect natural science but they did not cultivate it for the purpose of increasing the power and ameliorating the condition of man. The taint of barrenness had spread from ethical to physical speculations. Seneca wrote largely on natural philosophy, and magnified the importance of that study. But why? Not because it tended to assuage suffering, to multiply the conveniences of life, to extend the empire of man over the material world; but solely because it tended to raise the mind above low cares, to separate it from the body, to exercise its subtilty in the solution of very obscure questions.[Seneca, Nat. Quaest. praef. Lib. iii.] Thus natural philosophy was considered in the light merely of a mental exercise. It was made subsidiary to the art of disputation; and it consequently proved altogether barren of useful discoveries.
There was one sect which, however absurd and pernicious some of its doctrines may have been, ought, it should seem, to have merited an exception from the general censure which Bacon has pronounced on the ancient schools of wisdom. The Epicurean, who referred all happiness to bodily pleasure, and all evil to bodily pain, might have been expected to exert himself for the purpose of bettering his own physical condition and that of his neighbours. But the thought seems never to have occurred to any member of that school. Indeed their notion, as reported by their great poet, was, that no more improvements were to be expected in the arts which conduce to the comfort of life.
"Ad victum quae flagitat usus Omnia jam ferme mortalibus esse parata."
This contented despondency, this disposition to admire what has been done, and to expect that nothing more will be done, is strongly characteristic of all the schools which preceded the school of Fruit and Progress. Widely as the Epicurean and the Stoic differed on most points, they seem to have quite agreed in their contempt for pursuits so vulgar as to be useful. The philosophy of both was a garrulous, declaiming, canting, wrangling philosophy. Century after century they continued to repeat their hostile war-cries, Virtue and Pleasure; and in the end it appeared that the Epicurean had added as little to the quantity of pleasure as the Stoic to the quantity of virtue.
It is on the pedestal of Bacon, not on that of Epicurus, that those noble lines ought to be inscribed
"0 tenebris tantis tam clarum extollere lumen Qui primus potuisti, illustrans commoda vitae."
In the fifth century Christianity had conquered Paganism, and Paganism had infected Christianity. The Church was now victorious and corrupt. The rites of the Pantheon had passed into her worship, the subtilties of the Academy into her creed. In an evil day, though with great pomp and solemnity,—we quote the language of Bacon,—was the ill-starred alliance stricken between the old philosophy and the new faith. [Cogitata et visa.] Questions widely different from those which had employed the ingenuity of Pyrrho and Carneades, but just as subtle, just as interminable, and just as unprofitable, exercised the minds of the lively and voluble Greeks. When learning began to revive in the West, similar trifles occupied the sharp and vigorous intellects of the Schoolmen. There was another sowing of the wind, and another reaping of the whirlwind. The great work of improving the condition of the human race was still considered as unworthy of a man of learning. Those who undertook that task, if what they effected could be readily comprehended, were despised as mechanics; if not, they were in danger of being burned as conjurers.
There cannot be a stronger proof of the degree in which the human mind had been misdirected than the history of the two greatest events which took place during the middle ages. We speak of the invention of Gunpowder and of the invention of Printing. The dates of both are unknown. The authors of both are unknown. Nor was this because men were too rude and ignorant to value intellectual superiority. The inventor of gunpowder appears to have been contemporary with Petrarch and Boccaccio. The inventor of printing was certainly contemporary with Nicholas the Fifth, with Cosmo de' Medici, and with a crowd of distinguished scholars. But the human mind still retained that fatal bent which it had received two thousand years earlier. George of Trebisond and Marsilio Ficino would not easily have been brought to believe that the inventor of the printing-press had done more for mankind than themselves, or than those ancient writers of whom they were the enthusiastic votaries.
At length the time arrived when the barren philosophy which had, during so many ages, employed the faculties of the ablest of men, was destined to fall. It had worn many shapes. It had mingled itself with many creeds. It had survived revolutions in which empires, religions, languages, races, had perished. Driven from its ancient haunts, it had taken sanctuary in that Church which it had persecuted, and had, like the daring fiends of the poet, placed its seat
"next the seat of God, And with its darkness dared affront his light."
Words, and more words, and nothing but words, had been all the fruit of all the toil of all the most renowned sages of sixty generations. But the days of this sterile exuberance were numbered.
Many causes predisposed the public mind to a change. The study of a great variety of ancient writers, though it did not give a right direction to philosophical research, did much towards destroying that blind reverence for authority which had prevailed when Aristotle ruled alone. The rise of the Florentine sect of Platonists, a sect to which belonged some of the finest minds of the fifteenth century, was not an unimportant event. The mere substitution of the Academic for the Peripatetic philosophy would indeed have done little good. But anything was better than the old habit of unreasoning servility. It was something to have a choice of tyrants. "A spark of freedom," as Gibbon has justly remarked, "was produced by this collision of adverse servitude."
Other causes might be mentioned. But it is chiefly to the great reformation of religion that we owe the great reformation of philosophy. The alliance between the Schools and the Vatican had for ages been so close that those who threw off the dominion of the Vatican could not continue to recognise the authority of the Schools. Most of the chiefs of the schism treated the Peripatetic philosophy with contempt, and spoke of Aristotle as if Aristotle had been answerable for all the dogmas of Thomas Aquinas. "Nullo apud Lutheranos philosophiam esse in pretio," was a reproach which the defenders of the Church of Rome loudly repeated, and which many of the Protestant leaders considered as a compliment. Scarcely any text was more frequently cited by the reformers than that in which St. Paul cautions the Colossians not to let any man spoil them by philosophy. Luther, almost at the outset of his career, went so far as to declare that no man could be at once a proficient in the school of Aristotle and in that of Christ. Zwingle, Bucer, Peter Martyr, Calvin, held similar language. In some of the Scotch universities, the Aristotelian system was discarded for that of Ramus. Thus, before the birth of Bacon, the empire of the scholastic philosophy had been shaken to its foundations. There was in the intellectual world an anarchy resembling that which in the political world often follows the overthrow of an old and deeply rooted Government. Antiquity, prescription, the sound of great names, have ceased to awe mankind. The dynasty which had reigned for ages was at an end; and the vacant throne was left to be struggled for by pretenders.
The first effect of this great revolution was, as Bacon most justly observed, [De Augmentis, Lib. i.] to give for a time an undue importance to the mere graces of style. The new breed of scholars, the Aschams and Buchanans, nourished with the finest compositions of the Augustan age, regarded with loathing the dry, crabbed, and barbarous diction of respondents and opponents. They were far less studious about the matter of their writing than about the manner. They succeeded in reforming Latinity; but they never even aspired to effect a reform in Philosophy.
At this time Bacon appeared. It is altogether incorrect to say, as has often been said, that he was the first man who rose up against the Aristotelian philosophy when in the height of his power. The authority of that philosophy had, as we have shown, received a fatal blow long before he was born. Several speculators, among whom Ramus is the best known, had recently attempted to form new sects. Bacon's own expressions about the state of public opinion in the time of Luther are clear and strong: "Accedebat," says he, "odium et contemptus, illis ipsis temporibus ortus erga Scholasticos." And again, "Scholasticorum doctrina despectui prorsus haberi coepit tanquam aspera et barbara." [Both these passages are in the first book of the De Augmentis.] The part which Bacon played in this great change was the part, not of Robespierre, but of Bonaparte. The ancient order of things had been subverted. Some bigots still cherished with devoted loyalty the remembrance of the fallen monarchy, and exerted themselves to effect a restoration. But the majority had no such feeling. Freed, yet not knowing how to use their freedom, they pursued no determinate course, and had found no leader capable of conducting them.
That leader at length arose. The philosophy which he taught was essentially new. It differed from that of the celebrated ancient teachers, not merely in method, but also in object. Its object was the good of mankind, in the sense in which the mass of mankind always have understood and always will understand the word good. "Meditor," said Bacon, "instaurationem philosophiae ejusmodi quae nihil inanis aut abstracti habeat, quaeque vitae humanae conditiones in melius provehat." [Redargutio Philosophiarum.]
The difference between the philosophy of Bacon and that of his predecessors cannot, we think, be better illustrated than by comparing his views on some important subjects with those of Plato. We select Plato, because we conceive that he did more than any other person towards giving to the minds of speculative men that bent which they retained till they received from Bacon a new impulse in a diametrically opposite direction.
It is curious to observe how differently these great men estimated the value of every kind of knowledge. Take Arithmetic for example. Plato, after speaking slightly of the convenience of being able to reckon and compute in the ordinary transactions of life, passes to what he considers as a far more important advantage. The study of the properties of numbers, he tells us, habituates the mind to the contemplation of pure truth, and raises us above the material universe. He would have his disciples apply themselves to this study, not that they may be able to buy or sell, not that they may qualify themselves to be shopkeepers or travelling merchants, but that they may learn to withdraw their minds from the ever-shifting spectacle of this visible and tangible world, and to fix them on the immutable essences of things. [Plato's Republic, Book vii.]
Bacon, on the other hand, valued this branch of knowledge, only on account of its uses with reference to that visible and tangible world which Plato so much despised. He speaks with scorn of the mystical arithmetic of the later Platonists, and laments the propensity of mankind to employ, on mere matters of curiosity, powers the whole exertion of which is required for purposes of solid advantage. He advises arithmeticians to leave these trifles, and to employ themselves in framing convenient expressions, which may be of use in physical researches. [De Augmentis, Lib. iii. Cap. 6.]
The same reasons which led Plato to recommend the study of arithmetic led him to recommend also the study of mathematics. The vulgar crowd of geometricians, he says, will not understand him. They have practice always in view. They do not know that the real use of the science is to lead men to the knowledge of abstract, essential, eternal truth. [Plato's Republic, Book vii.] Indeed, if we are to believe Plutarch, Plato carried this feeling so far that he considered geometry as degraded by being applied to any purpose of vulgar utility. Archytas, it seems, had framed machines of extraordinary power on mathematical principles. [Plutarch, Sympos. viii. and Life of Marcellus. The machines of Archytas are also mentioned by Aulus Gellius and Diogenes Laertius.] Plato remonstrated with his friend, and declared that this was to degrade a noble intellectual exercise into a low craft, fit only for carpenters and wheelwrights. The office of geometry, he said, was to discipline the mind, not to minister to the base wants of the body. His interference was successful; and from that time, according to Plutarch, the science of mechanics was considered as unworthy of the attention of a philosopher.
Archimedes in a later age imitated and surpassed Archytas. But even Archimedes was not free from the prevailing notion that geometry was degraded by being employed to produce anything useful. It was with difficulty that he was induced to stoop from speculation to practice. He was half ashamed of those inventions which were the wonder of hostile nations, and always spoke of them slightingly as mere amusements, as trifles in which a mathematician might be suffered to relax his mind after intense application to the higher parts of his science.
The opinion of Bacon on this subject was diametrically opposed to that of the ancient philosophers. He valued geometry chiefly, if not solely, on account of those uses, which to Plato appeared so base. And it is remarkable that the longer Bacon lived the stronger this feeling became. When in 1605 he wrote the two books on the Advancement of Learning, he dwelt on the advantages which mankind derived from mixed mathematics; but he at the same time admitted that the beneficial effect produced by mathematical study on the intellect, though a collateral advantage, was "no less worthy than that which was principal and intended." But it is evident that his views underwent a change. When, near twenty years later, he published the De Augmentis, which is the Treatise on the Advancement of Learning, greatly expanded and carefully corrected, he made important alterations in the part which related to mathematics. He condemned with severity the high, pretensions of the mathematicians, "delicias et fastum mathematicorum." Assuming the well-being of the human race to be the end of knowledge, [Usui et commodis hominum consulimus.] he pronounced that mathematical science could claim no higher rank than that of an appendage or auxiliary to other sciences. Mathematical science, he says, is the handmaid of natural philosophy; she ought to demean herself as such; and he declares that he cannot conceive by what ill chance it has happened that she presumes to claim precedence over her mistress. He predicts— a prediction which would have made Plato shudder—that as more and more discoveries are made in physics, there will be more and more branches of mixed mathematics. Of that collateral advantage the value of which, twenty years before, he rated so highly, he says not one word. This omission cannot have been the effect of mere inadvertence. His own treatise was before him. From that treatise he deliberately expunged whatever was favourable to the study of pure mathematics, and inserted several keen reflections on the ardent votaries of that study. This fact, in our opinion, admits of only one explanation. Bacon's love of those pursuits which directly tend to improve the condition of mankind, and his jealousy of all pursuits merely curious, had grown upon him, and had, it may be, become immoderate. He was afraid of using any expression which might have the effect of inducing any man of talents to employ in speculations, useful only to the mind of the speculator, a single hour which might be employed in extending the empire of man over matter. [Compare the passage relating to mathematics in the Second Book of the Advancement of Learning with the De Augmentis Lib. iii. Cap. 6.] If Bacon erred here, we must acknowledge that we greatly prefer his error to the opposite error of Plato. We have no patience with a philosophy which, like those Roman matrons who swallowed abortives in order to preserve their shapes, takes pains to be barren for fear of being homely. |
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