Critical and Historical Essays - Volume 2 by Thomas Babington Macaulay (fun to read .txt) 📕

friend, many years before, of Bacon and Essex, performed their duty with great delicacy. Indeed, the agonies of such a mind and the degradation of such a name might well have softened the most obdurate natures. "My Lords," said Bacon, "it is my act, my hand, my heart. I beseech your Lordships to be merciful to a broken reed." They withdrew; and he again retired to his chamber in the deepest dejection. The next day, the sergeant-at-arms and the usher of the House of Lords came to conduct him to Westminster Hall, where sentence was to be pronounced. But they found him so unwell that he could not leave his bed; and this excuse for his absence was readily accepted. In no quarter does there appear to have been the smallest desire to add to his humiliation.

The sentence was, however, severe-the more severe, no doubt, because the Lords knew that it would not be executed, and that they had an excellent opportunity of exhibiting, at small cost, the inflexibility of their justice, and their abhorrence of corruption. Bacon was condemned to pay a fine of forty thousand pounds, and to be imprisoned in the Tower during the King's pleasure. He was declared incapable of holding any office in the State or of sitting in Parliament: and he was banished for life from the verge of the court. In such misery and shame ended that long career of worldly wisdom and worldly prosperity.

Even at this pass Mr. Montagu does not desert his hero. He seems indeed to think that the attachment of an editor ought to be as devoted as that of Mr. Moore's lovers; and cannot conceive what biography was made for,

"if 'tis not the same Through joy and through torment, through glory and shame."

He assures us that Bacon was innocent, that he had the means of making a perfectly satisfactory defence, that when "he plainly and ingenuously confessed that he was guilty of corruption," and when he afterwards solemnly affirmed that his confession was "his act, his hand, his heart," he was telling a great lie, and that he refrained from bringing forward proofs of his innocence, because he durst not disobey the King and the favourite, who, for their own selfish objects, pressed him to plead guilty.

Now, in the first place, there is not the smallest reason to believe that, if James and Buckingham had thought that Bacon had a good defence, they would have prevented him from making it. What conceivable motive had they for doing so? Mr. Montagu perpetually repeats that it was their interest to sacrifice Bacon. But he overlooks an obvious distinction. It was their interest to sacrifice Bacon on the supposition of his guilt; but not on the supposition of his innocence. James was very properly unwilling to run the risk of protecting his Chancellor against the Parliament. But if the Chancellor had been able, by force of argument, to obtain an acquittal from the Parliament, we have no doubt that both the King and Villiers would have heartily rejoiced. They would have rejoiced, not merely on account of their friendship for Bacon, which seems, however, to have been as sincere as most friendships of that sort, but on selfish grounds. Nothing could have strengthened the Government more than such a victory. The King and the favourite abandoned the Chancellor because they were unable to avert his disgrace, and unwilling to share it. Mr. Montagu mistakes effect for cause. He thinks that Bacon did not prove his innocence, because he was not supported by the Court. The truth evidently is that the Court did not venture to support Bacon, because he could not prove his innocence.

Again, it seems strange that Mr. Montagu should not perceive that, while attempting to vindicate Bacon's reputation, he is really casting on it the foulest of all aspersions. He imputes to his idol a degree of meanness and depravity more loathsome than judicial corruption itself. A corrupt judge may have many good qualities. But a man who, to please a powerful patron, solemnly declares himself guilty of corruption when he knows himself to be innocent, must be a monster of servility and impudence. Bacon was, to say nothing of his highest claims to respect, a gentleman, a nobleman, a scholar, a statesman, a man of the first consideration in society, a man far advanced in years. Is it possible to believe that such a man would, to gratify any human being, irreparably ruin his own character by his own act? Imagine a grey-headed judge, full of years and honours, owning with tears, with pathetic assurances of his penitence and of his sincerity, that he has been guilty of shameful malpractices, repeatedly asseverating the truth of his confession, subscribing it with his own hand, submitting to conviction, receiving a humiliating sentence and acknowledging its justice, and all this when he has it in his power to show that his conduct has been irreproachable! The thing is incredible. But if we admit it to be true, what must we think of such a man, if indeed he deserves the name of man, who thinks anything that kings and minions can bestow more precious than honour, or anything that they can inflict more terrible than infamy?

Of this most disgraceful imputation we fully acquit Bacon. He had no defence; and Mr. Montagu's affectionate attempt to make a defence for him has altogether failed.

The grounds on which Mr. Montagu rests the case are two: the first, that the taking of presents was usual, and, what he seems to consider as the same thing, not discreditable; the second, that these presents were not taken as bribes.

Mr Montagu brings forward many facts in support of his first proposition. He is not content with showing that many English judges formerly received gifts from suitors, but collects similar instances from foreign nations and ancient times. He goes back to the commonwealths of Greece, and attempts to press into his service a line of Homer and a sentence of Plutarch, which, we fear, will hardly serve his turn. The gold of which Homer speaks was not intended to fee the judges, but was paid into court for the benefit of the successful litigant; and the gratuities which Pericles, as Plutarch states, distributed among the members of the Athenian tribunals, were legal wages paid out of the public revenue. We can supply Mr. Montagu with passages much more in point. Hesiod, who, like poor Aubrey, had a "killing decree " made against him in the Chancery of Ascra, forgot decorum so far that he ventured to designate the learned persons who presided in that court, as Basileas dorophagous. Plutarch and Diodorus have handed down to the latest ages the respectable name of Anytus, the son of Anthemion, the first defendant who, eluding all the safeguards which the ingenuity of Solon could devise, succeeded in corrupting a bench of Athenian judges. We are indeed so far from grudging Mr. Montagu the aid of Greece, that we will give him Rome into the bargain. We acknowledge that the honourable senators who tried Verres received presents which were worth more than the fee-simple of York House and Gorhambury together, and that the no less honourable senators and knights who professed to believe in the alibi of Clodius obtained marks still more extraordinary of the esteem and gratitude of the defendant. In short, we are ready to admit that, before Bacon's time, and in Bacon's time, judges were in the habit of receiving gifts from suitors.

But is this a defence? We think not. The robberies of Cacus and Barabbas are no apology for those of Turpin. The conduct of the two men of Belial who swore away the life of Naboth has never been cited as an excuse for the perjuries of Oates and Dangerfield. Mr. Montagu has confounded two things which it is necessary carefully to distinguish from each other, if we wish to form a correct judgment of the characters of men of other countries and other times. That an immoral action is in a particular society, generally considered as innocent, is a good plea for an individual who, being one of that society, and having adopted the notions which prevail among his neighbours, commits that action. But the circumstance that a great many people are in the habit of committing immoral actions is no plea at all. We should think it unjust to call St. Louis a wicked man, because in an age in which toleration was generally regarded as a sin, he persecuted heretics. We should think it unjust to call Cowper's friend, John Newton, a hypocrite and monster, because at a time when the slave-trade was commonly considered by the most respectable people as an innocent and beneficial traffic, he went, largely provided with hymn-books and handcuffs, on a Guinea voyage. But the circumstance that there are twenty thousand thieves in London is no excuse for a fellow who is caught breaking into a shop. No man is to be blamed for not making discoveries in morality, for not finding out that something which everybody else thinks to be good is really bad. But, if a man does that which he and all around him know to be bad, it is no excuse for him that many others have done the same. We should be ashamed of spending so much time in pointing out so clear a distinction, but that Mr. Montagu seems altogether to overlook it.

Now, to apply these principles to the case before us; let Mr. Montagu prove that, in Bacon's age, the practices for which Bacon was punished were generally considered as innocent, and we admit that he has made out his point. But this we defy him to do. That these practices were common we admit; but they were common just as all wickedness to which there is strong temptation always was and always will be common. They were common just as theft, cheating, perjury, adultery have always been common. They were common, not because people did not know what was right, but because people liked to do what was wrong. They were common, though prohibited by law. They were common, though condemned by public opinion. They were common, because in that age law and public opinion united had not sufficient force to restrain the greediness of powerful and unprincipled magistrates. They were common, as every crime will be common when the gain to which it leads is great, and the chance of punishment small. But, though common, they were universally allowed to be altogether unjustifiable; they were in the highest degree odious; and, though many were guilty of them, none had the audacity publicly to avow and defend them.

We could give a thousand proofs that the opinion then entertained concerning these practices was such as we have described. But we will content ourselves with calling a single witness, honest Hugh Latimer. His sermons, preached more than seventy years before the inquiry into Bacon's conduct, abound with the sharpest invectives against those very practices of which Bacon was guilty, and which, as Mr. Montagu seems to think, nobody ever considered as blamable till Bacon was punished for them. We could easily fill twenty pages with the homely, but just and forcible rhetoric of the brave old bishop. We shall select a few passages as fair specimens, and no more than fair specimens, of the rest. "Omnes diligunt munera. They all love bribes. Bribery is a princely kind of thieving. They will be waged by the rich, either to give sentence against the poor, or to put off the poor man's cause. This is the noble