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pense of a patent or fee, not that he graciously abstained from settling a salary upon him—he being, in fact, at that time, (and indeed always,) much in need of money. Bacon, however, as already observed in the text, and as appears from a recital in the patent itself, had been previously appointed to the office of counsel extraordinary by King James, in the same way as in the previous reign, by Queen Elizabeth, i. e. without patent and without fee; and we entertain not the slightest doubt that, in the paragraph just cited, Bacon refers to this antecedent appointment.
3. The circumstances of North’s appointment are rather interesting. He was made one of the King's counsel extraordinary,' in consequence of his having greatly distinguished himself, as counsel for the crown, in the celebrated case of the six members, then before the House of Peers on a writ of error. This important duty was imposed upon him by his cousin, the AttorneyGeneral, who could not himself argue for the King, as he was an assistant in the House of Lords, nor could he prevail on any of the serjeants, or other eminent practitioners, to do it; for they said it was against the commons of England, and they dare not undertake it.”
This action and its consequences,' says his most interesting biographer, “had the effect of a trumpet to his fame, for the King had no counsel at law then; except
serjeants. The benchers of the Middle Temple, alleging North’s youth, refused to call him up to the bench; but for this slight, says Roger North, the very next day, in Westminster Hall, when any of the benchers appeared at the courts, they received reprimands from the judges for their insolence, as if a person whom his Majesty had thought fit to make one of his counsel extraordinary was not worthy to come into their company; and so dismissed them unheard, with declaration that until they had done their duty, in calling Mr. North to their bench, they must not expect to be heard as counsel in his Majesty's courts. This was English, and that evening they conformed, and so were re-instated.'—North's Lives, vol. 1, pp. 64, 69. It appears from the books of the Middle Temple that North was called to the bench on the 5th of June, 1686.
The epithet extraordinary' is applied to the king's counsel in order to distinguish them from the attorney and solicitor-general, who are the regular counsel of the crown; and it was thus that Bacon was described both by Elizabeth and James. We may add to this already extended note, that there is this difference between king's counsel and barristers with patents of precedence :—the former have standing salaries, and cannot, without license, plead against the crown ;-the
latter receive no salaries, and are not sworn, and, therefore, may so plead.
NOTE (B.) P. 18.
Earl of Essex to Mr. Francis Bacon. Sir, 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, should be exceeding great, if, for all her unkindness and discomforts past, she should 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 utter. most of your knowledge, than that you were deep. To the second she said, she showed her mislike to the suit as well as I 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 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 pretence of the approbation given you upon partiality, that all the world, lawyers, judges, and all, could not be partial to you; for somewhat 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,
Earl of Essex to Mr. Francis Bacon. Sir, I have received your letter, and since I have had opportunity to deal freely with the Queen. I have dealt confidently with her as a matter, wherein I did more labour to overcome her delays, than that I did fear her denial, I told her how much you were thrown down with the correction she had already given you, that she might in that point hold herself already satisfied. And because I found, that Tanfield had been most propounded to her, I did most disable him. I find the Queen very reserved, staying herself upon giving any kind of hope, yet not passionate against you, till I grew passionate for you. Then she said that none thought you fit for the place but my lord Treasurer and myself. Marry, the others must some of them say before us for fear or for flattery. I told her the most and wisest of her council had delivered their opinions, and preferred you before all men for that place. And if it would please her Majesty to think, that whatsoever they said contrary to their own words when they spake without witness, might be as factiously spoken, as the other way flatteringly, she would not be deceived. Yet if they had been never for you, but contrarily against you, I thought my credit, joined