the excellences are most found in those productions, in which he showed what should be, instead of attempting to establish what was, the law. His elaborate arguments in the cases in which he was employed as counsel are less valuable than his hints for improving the laws of the country, not merely on account of the comparative narrowness of the subject in the former, but because his mind was eminently fitted for the comprehensiveness of thought required by the latter. His judgment in weighing and arguing from particular cases was inferior to that of many, his sagacity in deducing and exemplifying general principles was surpassed by none. The former, therefore, we shall advert to but very briefly, and confine ourselves chiefly to a condensed sketch of the latter.

In his Proposal for amending the Laws of England, written when he was Attorney-general in 1613, he answers with much clearness and force the objections which are ever urged against any such measure by the timid and interested, by those who fear the evils of change, and those who profit by the continuance of inconsistent and expensive laws. The objections which he anticipated are founded upon the needlessness and danger of alteration; and to both of these he gives clear and unanswerable replies. With regard to the former, he shows the evils that were daily experienced from the confusion and uncertainty of the law; the existence of obsolete and oppressive statutes, which though seldom enforced on account of their opposition to the general sense of the community, and the apparent injustice of their provisions, still existed, and might at any time be directed against the individual who at any time unconsciously infringed their enactments; the delay and expensiveness of suits; the reluctance on the part of those who are injured to appeal to the courts for redress, since there was much danger that the remedy might never be obtained, or if obtained might be found to involve greater evils than that against which they sought to be protected; and the want of respect for the law which resulted from the circumstance, that it was found to be a burden, rather than a defence, to those who chiefly needed its aid. It is a striking proof of the slow progress of the general intellect of a nation, that the maxims which he here lays down, and of which it would seem that the justice could not be disputed, should have been so recently recognised and yet hardly adopted; and that principles, the absurdity of which was exposed nearly three centuries since, should still find numerous and sturdy abettors. The rule which Bacon lays down with reference to penal statutes, "that any over-great penalty, beside the acerbity of it, deadens the execution of the law," was but lately denounced as visionary, novel, and unauthorized. It is, however, now generally admitted; and in this, as in many other cases, a deduction which at first requires the utmost exertion of the loftiest intellect, passes into common use, and becomes a familiar idea with minds of every class.

The objection which is founded upon the inconveniences and dangers of innovation, is answered with equal success; and in addition to the arguments that he employs to prove how much greater are the evils attendant upon the opposite course of refusing to amend perceived and acknowledged evils, lest some unknown and inexplicable mischief should thereby be produced, he shows from the examples of history that those who have been the most successful and useful legislators, and who have obtained the most durable renown, have been innovators of this sort. The cry against innovation, he observes, "is a commonplace against all noble reformations." He then suggests the method in which this should be done, by compiling authorized reports, in which all obsolete cases should be omitted, and those only retained which are recognised as authority at the time; and by omitting from the statute-book such acts as had been repealed, and repealing those which were unsuitable to the circumstances of the nation; by mitigating the penalty when it was too severe, though the principle of the law was good; and by reducing concurrent statutes to one clear and uniform law. Of the suggestions thus made, some have never been acted upon, and those that have, it has been reserved to the present day to witness their adoption. This, however,

only serves to place in a more striking point of view the superiority of Bacon to his contemporaries.

The legal reformations proposed or projected by Bacon were numerous. In his maiden speech before the house of commons, so early as 1592, when he was in his thirty-second year, he strenuously recommended the improvement of the law. Mr. Montagu has taken the pains to collect the various suggestions on this subject, which are contained in distinct treatises, or scattered over different works. There are no less than seven of the former, and his writings abound with the latter. When he became one of the privy council he frequently memorialized the king on the state of the laws. The short essays on Despatch, Judicature, and Innovation, comprise the substance of much jurisprudential reflection. In 1605, in the Advancement of Learning, he promises to supply the want of a statesman-like treatise of laws. The pledge was not redeemed by the performance we have just noticed, but the "deficience" is partially supplied in the sixth book of the De Augmentis, published in 1623, under the title of "The Doctrine of Universal Justice." The passage in which the promise was first made, is almost of itself a performance. After objecting that philosophers made imaginary laws for imaginary commonwealths, and that lawyers wrote what was received as law, and not what ought to be law, he thus describes the wisdom of the law-maker. "The wisdom of a law-maker consisteth not only in a platform of justice, but in the application thereof, taking into consideration by what means laws may be made certain, and what are the causes and remedies of the doubtfulness and uncertainty of law; by what means laws may be made apt and easy to be executed, and what are the impediments and remedies in the execution of laws; what influence laws touching private right of meum and tuum have into the public state, and how they may be made apt and agreeable; how laws are to be penned and delivered, whether in texts or in acts, brief or large, with preambles or without; how they are to be pruned and reformed from time to time, and what is the best means to keep them from being too vast in volumes, or too full of multiplicity and crossness; how they are to be expounded, when upon causes emergent and judicially discussed, and when upon responses and conferences touching general points or questions; how they are to be pressed, rigorously or tenderly; how they are to be mitigated by equity and good conscience, and whether discretion and mixed law are to be mingled in the same courts, or kept apart in several courts; again, how the practice, profession, and erudition of the law is to be censured and governed; and many other points touching the administration, and, as I may term it, animation of laws."

This is, truly, a magnificent delineation of a "deficience." Why did he rely upon the king for any countenance or assistance? He wanted a royal commission to aid in the practical and theoretical execution of this grand design; but the government did not pay the slightest attention to his oft-repeated solicitations, and, with the exception we are about to notice, the whole scheme perished with the projector.

The dissertation on Universal Justice, in the De Augmentis, is conducted aphoristically, by way of specimen merely, and in a single title only. There are ninety-seven aphorisms; but with the exception of the first six, which are of universal import, the rest are strictly confined to the discussion of a division of the seventh aphorism. His object was, by clearing up the subject of general law, to enable us to judge by any particular law. The introductory aphorisms set forth the fountains of injustice, the foundation of private right, its protection by public law, the cognizance of actions by law, the end of laws, and the difference of laws. The body of particular laws not being framed, we have his conception of a good law in Aphorism 7. "Now that may be esteemed a good law, which is, 1. Clear and certain in its sense; 2. Just in its command; 3. Commodious in the execution; 4. Agreeable to the form of government; and, 5. Productive of virtue in the subject." Of these several titles our author, according to his announcement, only handles the first-" on that

primary dignity of the law, certainty;" and after his unparalleled success in this division, the non-completion of his investigation is matter of great regret. He wishes "this title to serve as a specimen of that Digest we propose and have in hand." But the wretched indifference of a wretched government has deprived us of the Digest as well. The scheme of this Digest, which will be found amongst the political tracts, was offered to Elizabeth, and afterwards to James, but never executed; it forms an excellent accompaniment to The Proposal itself. "Although it be true," he says in his letter to Bishop Andrews, "I had a purpose to make a particular Digest, or recompilement of the laws of mine own nation; yet because it is a work of assistance, and that which I cannot master by my own forces and pen, I have laid it aside."

It would be an unnecessary task in this general sketch of the writings of Bacon, to advert particularly to the various tracts published by him in connexion with the law; to the general reader any detailed account would be uninteresting, and to the student useless-since that which chiefly constitutes their value, can be hardly selected from matter with which it is associated. Many of them, too, are now purely matters of legal curiosity, since the altered legislation demanded by the progress of the nation, from an almost entirely agricultural to a manufacturing and commercial country, has rendered inapplicable the greater part of the rules and principles they contain. Some of them, however, can scarcely with justice be passed over, and to one or two, before quitting the subject, it seems proper briefly to advert. His Charge against Duels is especially entitled to notice. Although classed among his law tracts, it takes a far higher ground than the mere exposition of the existing law, and sweeps away with a forcible hand the common sophisms by which this barbarous practice is ordinarily justified. He shows how repugnant duels are to the principles of christianity, and the true interests of society; and while deducing their origin from the times when a false and unnatural standard of honour began to be elevated, he proves their incompatibility with the supremacy of the law, and the orderly and peaceful pursuits of a civilized nation. The whole is well worthy of attention,—it is a treatise of itself, and so connected and interdependent as to forbid the extraction of any detached passages. Herein, as in so many other cases, our author was enabled, beyond any man of his time, to anticipate the judgment of posterity, and to detect and expose fallacies which were then current, but which the greater diffusion of intelligence and information is gradually destroying.

His Charge against the Countess of Somerset, and the other individuals implicated in the murder of Sir Thomas Overbury, will always be interesting from the historical importance of the persons involved in the accusation. The whole affair was, and still is, notwithstanding the research of historians, enveloped in mystery; and it is not improbably surmised, that if the case had been fully investigated, the monarch himself would have been seriously implicated. The veil will perhaps never be raised,-the publications of Bacon and Coke shed the only light upon the subject that it is likely to receive.

The Ordinances in Chancery for the better and more regular Administration of Justice, were published in the court the first day of Candlemas Term, 1618, and have been adopted and acted upon ever since.

The Passages in Parliament against Francis Viscount St. Alban, Lord Chancellor of England, Anno Domini 1620 and 1621, will be read with mournful interest. "On Monday, the 19th day of March, 1620, in the afternoon, the commons had a conference with the lords; which conference was reported the next day by the lord treasurer, who delivered the desire of the commons, to inform their lordships of the great abuses of the courts of justice; the information whereof was divided into these three parts: 1st, The persons accused. 2ndly, Of the matters objected against them. 3rdly, Their proof.

"The persons are, the lord chancellor of England, and the now bishop of Landaff.

"The incomparable good parts of the lord chancellor were highly commended, his place

he holds magnified, from whence bounty, justice, and mercy, were to be distributed to the subjects, with which he was solely trusted, whither all great causes were drawn, and from whence no appeal lay for any injustice or wrong done, save to the parliament.

"That the lord chancellor is accused of great bribery and corruption, committed by him in this eminent place, whereof two cases were alleged :

"The one concerning Christopher Awbrey, and the other concerning Edward Egerton. In the cause depending in the chancery between this Awbrey and Sir William Bronker, Awbrey feeling some hard measure, was advised to give the lord chancellor £100, the which he delivered to his counsel Sir George Hastings, and he to the lord chancellor. This business proceeding slowly notwithstanding, Awbrey did write divers letters, and delivered them to the lord chancellor, but could never have any answer from his lordship; but at last delivering another letter, his lordship answered, If he importuned him he would lay him by the heels." The proofs of this accusation were five in number.

"The case of Mr. Edward Egerton is this: There being divers suits between Edward Egerton and Sir Rowland Egerton in the chancery, Edward Egerton presented his lordship, a little after he was lord keeper, with a bason and ewer of £50 and above, and afterwards he delivered unto Sir George Hastings and Sir Richard Young £400 in gold, to be presented unto his lordship. Sir Richard Young presented it, his lordship took it, and poised it, and said, it was too much; and returned answer, That Mr. Egerton had not only enriched him, but had a tie upon his lordship, to do him favour in all his just causes." The proofs were sufficient.

Following" ancient precedents, which show that great persons have been accused for the like in parliament, they humbly desire, that forasmuch as this concerneth a person of so great eminency, it may not depend long before your lordships; that the examination of the proofs may be expedited, and if he be found guilty, then to be punished; if not guilty, the now accusers to be punished.”

When the lord treasurer had made his report, the lord admiral presented to the house a letter from Bacon, dated 19th March 1620, from which it is plain that he intended to defend himself from these charges. The poor chancellor, "hearing that some complaints of base bribery were coming before them," makes the following requests :

“First, That you will maintain me in your good opinion, without prejudice, until my cause be heard.

Secondly, That, in regard I have sequestered my mind at this time, in great part, from worldly matters, thinking of my account and answers in a higher court; your lordships will give me convenient time, according to the course of other courts, to advise with my counsel, and to make my answer; wherein, nevertheless, my counsel's part will be the least for I shall not, by the grace of God, trick up an innocency with cavillations, but plainly and ingenuously, as your lordships know my manner is, declare what I know and remember.

"Thirdly, That according to the course of justice I may be allowed to except to the witnesses brought against me, and to move questions to your lordships for their cross-examinations, and likewise to produce my own witnesses for the discovery of the truth.

"And lastly, That if there be any more petitions of like nature, that your lordships would be pleased not to take any prejudice or apprehension of any number or muster of them, especially against a judge that makes two thousand orders and decrees in a year, not to speak of the courses that have been taken for hunting out complaints against me, but that I may answer them according to the rules of justice, severally and respectively.”

This communication was courteously acknowledged by the lords on the twentieth of March, and his lordship was told " to provide for his just defence." The very next day, however, the commons sent a message unto the lords with four additional complaints of bribery against the chancellor, and the last part of the message consisted of instructions furnished by a register, for still further proofs against him.

The lords, in the mean time, examined the complaints and the witnesses, and also appointed a select committee for this purpose.

Bacon was well advised to forego his promised defence. "And on Wednesday, the twentyfourth of April, the prince his highness signified unto their lordships, that the said lord chancellor had sent a submission unto their lordships; "—and a most eloquent submission and supplication it is!

The lords were made of stern stuff-they considered the submission and the collections of corruptions, and sent him a copy of the charges without the proofs, requiring a particular confession, and not an extenuating submission, and expecting his answer with all convenient expedition. The fallen man answered, "that he would return the lords an answer with speed." The lords considered this to be a doubtful answer, and sent to him again," to know of his lordship, directly and presently, whether his lordship will make his confession, or stand upon his defence." He answered by the messengers, that he would make no manner of defence, but meant to acknowledge corruption, and to make a particular confession to every point, and after that an humble submission. The lords granted him time until the next Monday, the 30th of April, to send in his confession and submission. He confesses and submits accordingly; but the lords deputed some of their house to the chancellor to demand of him whether he had subscribed it with his own hand, and whether or not he would stand to it, " unto which he answered, My lords, it is my act, my hand, my heart: I beseech your lordships to be merciful to a broken reed." The seal was sequestered, and immediately put in commission. On the 2nd of May, the lords agreed to sentence the chancellor next day, and summoned him " to appear in person by nine o'clock." The serjeant found him ill in bed, and on being summoned, "he answered that he was sick, and protested that he feigned not this for any excuse; for if he had been well, he would willlingly have come." The lords resolved to proceed, informed the commons that they were ready to give judgment, and the commons prayed "judgment against him the lord chancellor, as the nature of his offence and demerits do require." He was then condemned to pay a fine of £40,000, and to be imprisoned during the king's pleasure. He was declared to be incapable of holding any office in the state, or of sitting in parliament, or coming within the verge of the court. The imprisonment was inflicted, but it lasted only two days. His fine was released almost immediately, he presented himself to court soon afterwards, and in 1624 the rest of his punishment was remitted.

When he fell under the just impeachment of the patriots, by his own confession, and by the sentence of his compeers, he was neither chargeable with any of the laxities of the court in morals, nor with any obliquities of judgment, and no decree of his was ever set aside on the ground of bribery and corruption. Whatever might be his dishonours and difficulties, his mighty mind now found delight in philosophy, and consolation in religion. And who does not sympathize with Ben Jonson's description of him? "My conceit of his person 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 works 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 first fruit of his learned, but not independent leisure, was the History of the Reign of Henry the Seventh, a part only of a deliberate proposal, if not of a long-entertained scheme. He made a "tender," of which he reminds the king on presenting a copy of this celebrated production," in the beginning of his trouble, of two works,—an History of England, and a Digest of his Laws," but he was not permitted or encouraged to realize either of these magnificent conceptions of his adversity. There were now no delightful hopes, as heretofore, to inspire, no gentle hearts to cherish, no lofty minds to approve. That spirit must indeed