1619-20.] SPEECH TO WHITELOCKE ON DUTY OF A JUDGE. 103

merit, well impressed by good and due information, called you now to the state and degree of a serjeant at law; but with an intention not to stay you there, but to raise you higher to serve him as Chief Justice of Chester, in the place of Sir Thomas Chamberlaine whom he doth resolve to call home to be his judge here in the King's Bench. You are the more bound to the King by how much more the time doth flourish with able and learned men, whereof the age is full.

That that I shall say to you shall be in few words and in two kinds. I will not speak at all to matter of pleading, for you are not to plead merely, but the degree of serjeant is a step to your other place.

First therefore, I shall speak of the duty of a Judge in general and then of the proprieties thereof applied in particular to the place you go to.

For the duty of a Judge in general it is a common-place often spoken of: the ground of all is the science and knowledge of the common law, the statutes of the kingdom, and the customs of the realm, according to which you are to deal in this your place. You are well read in the law and well seen in archivis regni : you are a man diligent and expert in the records of the kingdom, which is a great supplemental and light to the law. Yet now keep no holiday, no not in study, nor go from your books to your brain; but continue then your study as well as now when you are a serjeant and practiser. Be patient in hearing of causes ; for what is it the better if a judge be learned in general and in thesi, if he be not attentive to hear the causes before him? Have patience therefore in hearing; make no catching hearings; have a slow pace. Judges make no haste. Keep your hands clean, and the hands of your servants that are about you:1 keep them in awe, that they may not dare to move you in things unfit. bribery and corruption, and preserve your integrity, not respecting any in course of justice; for what avails it if you should be incorrupt and yet should be partial and a respecter of persons? As Solomon saith, To have respect of persons is not good for for a piece of bread that man will transgress: as who should say, bribes come but now and then; but if a man be affectionate or

:

Fly all

1 It is a singular fact that these words were spoken on the same day on which Bacon himself made the final order in Lady Wharton's case, having only two or three days before accepted a purse from her with 1007. in it. See Gardiner's P. Charles and the Spanish Marriage, vol. i. p. 415.

a time or a turn server, that will come every day : lastly, I would have you take care that you be not overawed: fear no man's face; be stout and courageous in causes of justice: but when I say this to you I mean that you should be strong hearted and not strong headed.

I pass from the general duties of a Judge, because it is every day spoken of, to the things that concern the proprieties of your place, in which you have two respects; one, as Judge of Chester; another as having a principal place in matters of advice in Council of State.

In regard of the first, keep good quarter with Westminster Hall, and make no new clashes of renewing old sores, but study well your instructions, and be sure you exceed them not then shall I be ready to stretch my hand and arm to help you: claim it at my hands when you will. You are a great Judge in a provincial Council, and what are they ordained for? First for the ease of the subject, that subjects should at less charge have law : secondly, because great men should not oppress the poor and harry them up to Westminster Hall. First therefore, let there be an ease of charge; for if the Courts there shall pole and multiply charge upon the people, then that which was ordained for ease of charge will turn to a surcharge.

Secondly, look to suppress the power of such gentlemen in the country that seek to oppress and suppress their poor neighbours; for it is no great ill thing in a Judge (though I have heard it hath been laid to some men's charge) that in causes before them the poor have advantage against the rich. If it be so, it is an error on the best side.

Lastly, my advice is that you keep a good correspondency with the Lord President, under whom in a manner you serve: for which I shall say unto you as I said unto Sir William Jones, be not too servile nor too severe.

I might have spoken all this in a few words, in the example of one man, your predecessor; who for religion, for learning, for stoutness in course of justice, for watchfulness over the peace of the people, and for relation of matters of state to the Council here, I have not known (no dispraise to any) a better servant to the King in his place: follow him and so for this time I shall wish you all well fare.

CHAPTER IV.

A.D. 1620-21.

JULY-JANUARY.

ÆTAT. 60.

1.

THE state of the Exchequer continued to be Bacon's great subject of anxiety. His last letter of advice had as yet produced no effect. The Commissioners were working on as they could, but without any prospect of effecting a cure; and the King's study of the Bohemian question had not yet enabled him to take an attitude which would ensure him the sympathy of another Parliament. The proofs of the validity of Frederick's election which he had asked for had been laid before him in January, and about the same time an argument on the opposite side had been submitted on the part of Spain. His conclusion upon reading both sides was that though the estates of Bohemia were not bound to elect Ferdinand, it did not follow that they had a right to annul the election. The question therefore was "whether the deposition of a King once elected was valid by the constitution of Bohemia." Had it been possible for him to keep quite out of the quarrel, it would have mattered little how long he was in coming to a conclusion upon that point. To take part with the new King of Bohemia, whether he were usurper or legitimate, would have been to engage in a cause destined to failure to take part against him would have been to enrage England and play into the enemy's hands: to offer mediation would have been to invite a second rejection without any hope of doing good. But unfortunately it was not practicable to keep altogether out of the quarrel. As soon as Frederick in accepting the Bohemian throne put himself at war with the Emperor, the Emperor began to make preparations for attacking the Palatinate, which lay conveniently for annexation by one of his independent allies, and served very well for the purchase of his alliance. Now if Frederick alone 1 'Relations between England and Germany,' 1619-20 (Camd. Soc.) p. 157.

had had an interest in the Palatinate, James would probably have been content under the circumstances to let him defend it for himself along with his new kingdom. But the reversion of the Palatinate belonged to Frederick's heir, who was James's grandson, and (being no way implicated in the offence) might reasonably look to him to protect his interest in it. Though he could not justly complain of the blow as aimed at Frederick, he might justly parry it as falling upon England. And when the movements of the armies began to point unmistakably in that direction, he consented at last to allow volunteers to be levied in England and Scotland by Frederick's agents, and to borrow money for his use. Only it was to be "on the express condition that it should be employed in the defence of the Palatinate."1

But on

This small concession to the English war-party (which was made in March 1619-20) alarmed Spain; and Gondomar was once more sent back to counteract their influence and keep James out of their hands. He came armed with complaints and remonstrances, and charges of promises unperformed; as if expecting to find a friend turning enemy—an expectation which a very warm and cordial reception does not seem to have done anything to remove. seeing the real state of James's mind, his deep and serious vexation and perplexity, his anxiety to be just to all parties, his continued desire for the Spanish alliance, and the strong pressure which he had to resist from the other side,—and having been warned also by Digby of the risk he would run by pressing him too hard,-he adopted a mild and friendly tone and agreed to refer disputes to amicable conferences with Digby and Buckingham. The proper business of the first interview being thus concluded, they proceeded to talk about the affairs of the world: among the rest, about the assistance which James had been pressed to send to his daughter and grandchildren, and the apprehension of an attack upon the Palatinate by the Emperor's forces: upon both of which Gondomar's answers were to the purpose, and from James's point of view not easy to dispute. Upon the first, 'Let them come back to the Palatinate,' he said, 'and he would go himself as a soldier to defend them;' but to succour them at Prague was not to defend them against aggression, but to help them in an act of aggression upon others. And as for the Emperor, 'What would you do,' he asked, if any one were to take London from you?'-a question upon which James "drew back," he says, and took refuge in a

1 Gardiner, vol. i. p. 310.

2 'Spanish Marriage Treaty' (Camden Soc. 1869) p. 319.

1620.]

GONDOMAR'S CONFERENCES WITH THE KING.

107

It

pious hope that "everything would be well accommodated." was a question too much to the purpose, and could only be answered in one way. The conference seems however to have left James under the impression that the Palatinate was not in immediate danger, and that Spain would join in an effort for a general pacification upon the principle of no aggression by anybody upon. anybody.

Having reported to Philip the result of this first interview, Gondomar next proceeded to reopen the marriage treaty; which had been suspended upon the question of engaging to repeal the laws against the Catholics. He told James that Philip was so anxious for the alliance that he was ready to advance 150,0001, out of the marriage portion as soon as the articles were agreed upon. James, who had already in the former interview declared himself still desirous that the match should proceed, replied by a renewal of his former offer with the old conditions: to which Gondomar this time made no objection. It seemed as if the Spaniards had thought better of it, and come round to his terms. But the truth was that they had given it up as hopeless; and having no intention of concluding the bargain, they no longer cared what terms they offered. Since they found that the conditions which they originally proposed could not be got, they had ceased to wish for the match and were now using it only as a diversion. For this it served all the better for being a fiction. James's heart, open enough at all times, opened more freely than ever under the influence of this seeming-friendly overture. He frankly admitted that he considered his son-in-law a usurper, and would give him no help while he remained in his present position, and that what he ought to do was nothing less than to "resign Bohemia." Upon hearing which, Gondomar reported to Philip that he might proceed in his arrangements with the Emperor, without fear of interruption from England. 3

The negotiations which ended in this report seem to have occupied about three months; for it was now the middle of June 1620, and Gondomar had arrived in England in the middle of March. They were followed by a great attempt on James's part to bring about the general pacification, of which he supposed Spain to be as desirous as he was himself. He despatched ambassadors to Venice, to Vienna, to Brussels, to the States of the Rhine, to Dresden and to Prague. And certainly if there was no hope of success, it was only because the other parties were not so just or not so intelligent

1 See the original, printed in the Appendix to Francesco de Jesus. Ib. p. 320. 2 Gardiner, vol. i. p. 318. 3 Ib. i. p. 325.