had just begun, and he had a cause to argue the next week; probably the great cause of Perpetuities, which came on this term for a second hearing before all the Judges in the Exchequer; Bacon appearing for the defendant; and I suppose it was in preparations for this that he was engaged, when he received the two following communications; the first from Essex's secretary, the second from Essex himself. Sir, THOMAS SMYTH TO FRANCIS BACON.2 My Lord being in the midst of the solemnity of this supper, and so detained from writing himself, hath commanded me to signify thus much unto you that her Majesty hath promised Mr. Vice-Chamberlain on Wednesday or Thursday next to speak with you; and therefore his Lordship adviseth you by a letter to Mr. Vice-Chamberlain to take knowledge of it and to thank him for the good offices performed in your behalf. Another point that he commendeth to your remembrance is, that you omit not to do that which you intended to do on Saturday next, because her Majesty is made acquainted therewith, and, as I think his Lordship said to me, expecteth it; and my Lord and Mr. Vice-Chamberlain will be there present. Thus having delivered you his sense in his own words as near as I can, I wish you all good, will be ready to do you any service, and rest, At your commandment, From Greenwich, this Monday at night. THO. SMYTH. Sir, THE EARL OF ESSEX TO FRANCIS BACON.S The Queen did yesternight fly the tilt, and I do wish, if it be no impediment to the cause you do handle tomorrow, you did attend again this afternoon. I will be at the Court in the evening, and so will Mr. ViceChamberlain, so as if you fail before we come, yet afterwards I doubt not but he or I shall bring you together. "This case was argued many times at the bar in the King's Bench on both sides; and because the case was difficult and of great consequence and importance, it was thought necessary that all the Justices of England should openly, in the Exchequer Chamber, upon solemn argument, show their opinion in this case. And afterwards (Ter. Hil. 36 Eliz.) this case was argued in the Exchequer Chamber, before all the Justices of England, by Hugh Wiat, ex parte querent', and by Coke, the Queen's Solicitor-General, ex parte defend'. And afterward, in Easter Term following, by Rob. Atkinson, ex parte quer., and by Francis Bacon, ex parte def.; but I did not hear their arguments."-Coke's Reports, i. 121. For a report of the argument itself, see Works, vol. vii. p. 615. 2 Lambeth MSS. 650. 115. Copy. "Le 22me d'Avril, 1594." Lambeth MSS. 650. 109. Original: own hand. No date; but docketed, "Recevé le 24me d'Avrill, 1594." The 24th was Wednesday. This I write in haste, because I would have no opportunity omitted in this matter of access. I wish to you as to myself, and rest, This matter of access was no doubt a point of great importance to Bacon; for it is impossible to read the history of this tedious and vexatious negotiation without suspecting some want of judgment in those who managed it, and wishing that he could have said a few words for himself in his own way. The compliment with which Essex usually concluded his letters to his friends, "I wish to you as to myself," was in this case, I have no doubt, a true and sincere expression of what he felt. I have no doubt that he not only wished but acted for Bacon as he would have acted for himself. But in that very thing lay the mischief; for he did not act wisely for either. What particular mistake he made on this occasion we are not informed; but the next thing we hear is that both he and the Vice-Chamberlain, whose joint influence was to have brought about the reconciliation between Bacon and the Queen, were themselves under a cloud; and Bacon was fain to request his other friends to use their influence, not to expedite but to delay, the appointment of a Solicitor; for a resolution taken just then would probably have gone in favour of some one else. This we learn from a letter to Sir Robert Cecil, dated a week after the last. FRANCIS BACON TO SIR ROBERT CECIL.1 My right honourable good Cousin, Your Honour in your wisdom doth well perceive that my access at this time is grown desperate, in regard of the hard terms that as well the Earl of Essex as Mr. Vice-Chamberlain, who were to have been the means thereof, stand in with her Majesty, according to their occasions. And therefore I am only to stall upon that point of delaying and preserving the matter entire till a better constellation. Which, as it is not hard, as I conceive, considering the French business and the instant progress, etc., so I commend in special to your Honour's care, who in sort assured me thereof, and upon [whom] now in my Lord of Essex's absence I have only to rely. And if it be needful, I humbly Original: own hand. 1 Lambeth MSS. 650. 125. pray you to move my Lord your father to lay his sure hand to the same delay. And so I wish you all increase of honour. From Gray's Inn, this 1st of May, 1594. Your Honour's poor kinsman In faithful service and duty, Then follows Sir Robert. Cecil's answer, written on the same page, in his own hand. Cousin, I do think nothing cut the throat more of your present access then the Earl's being somewhat troubled at this time. For the delaying, I think it not hard, neither shall there want my best endeavour to make it easy, of which I hope you shall not need to doubt by the judgment which I gather of divers circumstances confirming my opinion. I protest I suffer with you in mind, that you are thus yet gravelled; but time will founder all your competitors and set you on your feet, or else I have little understanding. A few days after, Essex himself wrote to Puckering, to the same effect.1 My Lord, My short stay at the Court made me fail of speaking with your Lordship. Therefore I must write that which myself had told you. That is, that your Lordship will be pleased to forbear pressing for a Solicitor; since now there is no cause towards the end of a term to call for it, and because the absence of Mr. Bacon's friends may be much to his disadvantage. I wish your Lordship all happiness, and rest, Your Lordship's very assured to be commanded, ESSEX. Wanstead, this 4th of May. After remaining in eclipse about three weeks, Essex reappeared at Court, and found the Queen ready to be reconciled. It appears that he had been unwell, a thing not unfrequent with him; and he knew how to use his illnesses as means of reconciliation. It was probably upon this consideration that, instead of sending or waiting for him, she now paid him a visit herself. The result of the interview he shall tell in his own words. 1 Harl. MSS. vol. 6996. 140. Original: own hand. Sir, EARL OF ESSEX TO FRANCIS BACON.1 I wrote not to you till I had had a second conference with the Queen, because the first was spent only in compliments. She in the beginning excepted all business. This day she hath seen me again. After I had followed her humour in talking of those things which she would entertain me with, I told her in my absence I had written to Sir Robert Cecil, to solicit her to call you to that place which all the world had named you to; and now being here, I must follow it myself; for I knew what service I should do her in procuring you the place; and she knew not how great comfort I should take in it. Her answer in playing jest was that she came not to me for that; I should talk of those things when I came to her, not when she came to me; the term was coming and she would advise. I would have replied, but she stopped my mouth. To-morrow or the next day I will go to her, and then this excuse will be taken away. When I know more, you shall hear more. And so I end, full of pain in my head, which makes me write thus confusedly. Your most affectionate friend, ESSEX. His next report, if the dockets are to be trusted (which are not always correct), was written five days later, and runs thus:— Sir, THE SAME TO THE SAME.3 I went yesterday to the Queen through the galleries in the morning, afternoon, and at night. I had long speech with her of you; wherein I urged both the point of your extraordinary sufficiency, proved to me not only by your last argument, but by the opinion of all men I spake withal, and the point of mine own satisfaction, which I protested to her should be exceeding great, if for all her unkindnesses and discomforts past she would do this one thing for my sake. To the first she answered, that the greatness of your friends, as of my Lord Treasurer and myself, did make men give a more favourable testimony than else they would do, thinking thereby they pleased us. And that she did acknowledge you had a great wit, and an excellent gift of speech, and much other good learning. But in law she rather thought you could make show to the uttermost of your knowledge, than that you were deep. To the second, she said she had showed her mislike of the suit as well as I 1 Lambeth MSS. 650. 122. Copy: docketed, "Copie de la lre. de Mons" le Compte a Mons' Francois Bacon, le 13me de May, 1594." 2 A blank is left between these words in the MS., as for a word which the transcriber could not read. 3 Lambeth MSS. 650, f. 123. Copy: docketed, "Copie de la lre. de Mons' le Compte d'Essex a Mons' Francois Bacon, le 18me de May, 1594." 4 În Chudleigh's case, probably. See Coke's Reports, i. 121. had done my affection in it; and that if there were a yielding, it was fitter to be of my side. I then added that this was an answer with which she might deny me all things if she did not grant them at the first, which was not her manner to do. But her Majesty had made me suffer and give way to her in many things else, which all I should bear not only with patience but with great contentment, if she would but grant my humble suit in this one. And for the other pretence of the approbation given you upon partiality, that all the world, lawyers, judges, and all, could not be partial to you; for some wished1 you were crossed for their own interest and some for their friends; but yet all did yield to your merit. She did in this as she useth in all; went from a denial to a delay, and said when the Council were all here she would think of it; and there was no haste in determining of the place. To which I answered, that my sad heart had need of hasty comfort, and therefore her Majesty must pardon me if I were hasty and importunate in it. When they come we shall see what will be done; and I wish you all happiness, and rest, Your most affectionate friend, ESSEX. 6. In this position the matter rested for ten days more, when the approach of another term brought the Council together again, and brought also to Bacon a friend at Court who was likely to prove a valuable one. This was Foulke Greville, the friend of Sir Philip Sydney, and kinsman to Essex; a man of great accomplishments, and one who "had much and private access to Queen Elizabeth." shall introduce himself. FOULKE GREVILLE TO FRANCIS BACON.3 Mr. Francis Bacon, He As my heart was full of your praise, so have I as freely delivered it to the Queen. When I see you, you shall know the particulars. In the meantime believe me her Highness was more gracious to you. Awake your friends. I have dealt with Sir John Fortescue and my Lord of Essex by letter. Neither will I neglect the rest for you. And so in haste, I commit you to God. Your assured kind friend, I thought ere now to have come to you. To-morrow I will in the afternoon without fail. This was two or three days before the term, at which time questions of this kind were usually considered and settled. Meanwhile 1 This word is blotted in the MS. 2 Bacon's Apophthegms, Works vii. 158. 3 Lambeth MSS. 650. 131. Original: own hand. Docketed, "Recd 27 May, 1594." |