f Elizabeth's reign, but quite enough to
place Essex at the mercy of the Government and the offended Queen. "The
new information," says Mr. Spedding, "had been immediately communicated
to Coke and Bacon." Coke, as Attorney-General, of course conducted the
prosecution; and the next prominent person on the side of the Crown was
not the Solicitor, or any other regular law officer, but Bacon, though
holding the very subordinate place of one of the "Learned Counsel."
It does not appear that he thought it strange, that he showed any pain
or reluctance, that he sought to be excused. He took it as a matter of
course. The part assigned to Bacon in the prosecution was as important
as that of Coke; and he played it more skilfully and effectively. Trials
in those days were confused affairs, often passing into a mere wrangle
between the judges, lawyers, and lookers-on, and the prisoner at the
bar. It was so in this case. Coke is said to have blundered in his way
of presenting the evidence, and to have been led away from the point
into an altercation with Essex. Probably it really did not much matter;
but the trial was getting out of its course and inclining in favour of
the prisoner, till Bacon--Mr. Spedding thinks, out of his regular
turn--stepped forward and retrieved matters. This is Mr. Spedding's
account of what Bacon said and did:
"By this time the argument had drifted so far away from the point
that it must have been difficult for a listener to remember what it
was that the prisoners were charged with, or how much of the charge
had been proved. And Coke, who was all this time the sole speaker
on behalf of the Crown, was still following each fresh topic that
rose before him, without the sign of an intention or the intimation
of a wish to return to the main question and reform the broken
ranks of his evidence. Luckily he seems to have been now at a loss
what point to take next, and the pause gave Bacon an opportunity of
rising. It can hardly have been in pursuance of previous
arrangements; for though it was customary in those days to
distribute the evidence into parts and to assign several parts to
several counsel, there had been no appearance as yet of any part
being concluded. It is probable that the course of the trial had
upset previous arrangements and confused the parts. At any rate so
it was, however it came to pass, that when Cecil and Ess
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