at the trial, would have “spent all his power, might, authority, and amity” in soliciting a mitigation of the sentence, would have been a daily visitor at the cell, would have received the last injunctions and the last embrace on the scaffold, would have employed all the powers of his intellect to guard from insult the fame of his generous though erring friend. An ordinary man would neither have incurred the danger of succouring Essex, nor the disgrace of assailing him. Bacon did not even preserve neutrality. He appeared as counsel for the prosecution. In that situation he did not confine himself to what would have been amply sufficient to procure a verdict. He employed all his wit, his rhetoric, and his learning, not to insure a conviction,--for the circumstances were such that a conviction was inevitable,--but to deprive the unhappy prisoner of all those excuses which, though legally of no value, yet tended to diminish the moral guilt of the crime, and which, therefore, though they could not justify the peers in pronouncing an acquittal, might {372}incline the Queen to grant a pardon. The Earl urged as a palliation of his frantic acts that he was surrounded by powerful and inveterate enemies, that they had ruined his fortunes, that they sought his life, and that their persecutions had driven him to despair. This was true; and Bacon well knew it to be true. But he affected to treat it as an idle pretence. He compared Essex to Pisistratus who, by pretending to be in imminent danger of assassination, and by exhibiting self-inflicted wounds, succeeded in establishing tyranny at Athens. This was too much for the prisoner to bear. He interrupted his ungrateful friend by calling on him to quit the part of an advocate, to come forward as a witness, and to tell the Lords whether, in old times, he Francis Bacon, had not under his own hand, repeatedly asserted the truth of what he now represented as idle pretexts. It is painful to go on with this lamentable story. Bacon returned a shuffling answer to the Earl’s question, and, as if the allusion to Pisistratus were not sufficiently offensive, made another allusion still more unjustifiable. He compared Essex to Henry Duke of Guise, and the rash attempt in the city to the day of the barricades at Paris. Why Bacon had recourse to such a topic it is difficult to say. It was quite unnecessary for the purpose of obtaining a verdict. It was certain to produce a strong impression on the mind of the haughty and jealous princess on whose pleasure the Earl’s fate depended. The faintest allusion to the degrading tutelage in which the last Valois had been held by the House of Lorraine was sufficient to harden her heart against a man who in rank, in military reputation, in popularity among the citizens of the capital, bore some resemblance to the Captain of the League.