The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-07-08
For the National Era.
LORD BACON AND THE OLD METHOD.

The study of the law, then more repulsive
than now, was little to the taste of the young
philosopher. He hence eargerly sought for
an appointment under the Crown, and made
pressing application to his knsman, Lord and
Lady Burleigh, but was rebuffed by the Lord
Treasurer, as well as by his royal mistress, from
motives variously given. Mr.. Montagu attrib-
utes the rejection to consideration for the real
interests of the applicant, while Bacon himself
regarded it as prompted by jealousy of his
admitted genius. Thus failing at Court, he was
driven to the law, and in 1880 entered himself
student ct Guys Inn. For some two years
Bacon devoted hinselfto the study and practice
great enemy, Lord Coke, yet he was in the
better sense great lawyer. His legal treatises
upon the foundation of law would alone have
given him reputation. Coke pronounced him
superficial, and the Queen WAS of opinion, that
though he possessed great wit and learning, he
was not deep in the law. But the opinion of
neither on this subject is any dispsragement.
The common law at that day could hardly be
deemed rational science. The triangular strug-
giles between the aristocracy, the church, and
the courts, had been the cause or occasion of
80 many 6ctions to evade mortmains, entails,
&C., as, combined with the fashionable scholas-
ticism, had formed an nlshapen and repulsive
jurisprudence. We are bound to believe that
the Law was then, IS now, +" the perfection of
reason; yet its reasoning was 30 artificial, that
disputed points were decided rather upon some
quirk of logic, than upon common-sense prin-
ciples. IT'S true the soul of Liberty breathed
through the cumbrous body, yet it was like the
soul of an enchanted Beauty in some monster
whose ugliness hides the fair being from the eyes
robe the commercial law was q stranger TO
Westminster. Judges had not learned to adopt in
the hearing of causes rules of universal Justice,
trying by them all doubtful precsdents. They
had not-have they yet ?-established the law
as q science, the science of right, progressive
with the ever changing relations of man, i'm.
mutable only in its object. But this is not
the work of ageneration-hardly of an age.
Much has been done since Bacon's dsy-the
work is still progressing. The young lawyer
must have looked upon branches of the Law in
which the gnarled mind of Coke delighted, az
he did upon the wranglings of the schools and
doubtless, as some Barrister Dry as.dust threw
across his path some unnoted distinction from
Bracton or Flets, one which would ever 'es
cape philosophical thinker, he would scan
daizs the owls and bats of the profession, by biz
irreverence for such mere excrescences.
Bacon seems not to have taken we'll to tn,
practice. It's drudgery and details were doubt
less irksome, and seemed paltry, compared te
his higher aims; and he continued poor. Yet
in q sense, he met with great success. BE tool
at once prominent position at his Inn, ant
received many of its honorary distinctions
Ten years from the commencement of his la,
studies, being then thirty years of age, he wa
sworn Queens Counsel learned Extraordina
ry," an honor till then never conferred upo
any member of the profession.
Of Bacon's manner at the bar we have n
exact record. The following ot-quoted descrir
ton of his eloquence, by the celebrated Be-
johnson, may refer to his professional efforts o
his parliamentary speaking, or to both. ether
happened" says he, I" in my time, one nobl
, speaker, who was full of gravity in his speal
ing; his language, when he could spare or pas
by Jest, was nobly censorious. No ma
ever spake more neatly, more properly, NOR
weightily, or suffered less emptiness, less idle
ness, in what he uttered: no member of hi
speech but consisted of its own graces. Hi
hearers could not cough or look aside fror
him without loss: he commanded when b
spoke, and had his judges angry and please
at his devotion. No man had their affection
more in his power: the fear of every man the
heard him was, lest he should make an end.
! This is high praise, and the possessor of sue
powers can hardly be called superficial, ,houg
; others were probably better versed in the tech
mics and artificial subtilties of the profession.
Involved in debt and unable to give bis tim
to those studies in which he lougsd to engage