Whose even thread the Fates spin round and full

Out of their choicest and their whitest wool.”

In the intervals of rest which Bacon’s political and judicial functions

afforded, he was in the habit of retiring to Gorhambury. At that place

his business was literature, and his favourite amusement gardening,

which in one of his most interesting Essays he calls “the purest of

human pleasures.” In his magnificent grounds, he erected, at a cost of

ten thousand pounds, a retreat to which he repaired when he wished

to avoid all visitors, and to devote himself wholly to study. On such

occasions, a few young men of distinguished talents were sometimes

the companions of his retirement; and among them his quick eye soon

discerned the superior abilities of Thomas Hobbes. It is not probable

however, that he fully appreciated the powers of his disciple, or

foresaw the vast influence, both for good and for evil, which that most

vigorous and acute of human intellects was destined to exercise on the

two succeeding generations.

In January, 1621, Bacon had reached the zenith of his fortunes. He had

just published the _Novum Organum_; and that extraordinary book had

drawn forth the warmest expressions of admiration from the ablest men in

Europe. He had obtained honours of a widely different kind, but perhaps

not less valued by him. He had been created Baron Verulam. He had

subsequently been raised to the higher dignity of Viscount St. Albans.

His patent was drawn in the most flattering terms, and the Prince of

Wales signed it as a witness. The ceremony of investiture was performed

with great state at Theobalds, and Buckingham condescended to be one

of the chief actors. Posterity has felt that the greatest of English

philosophers could derive {410}no accession of dignity from any title

which James could bestow, and, in defiance of the royal letters patent,

has obstinately refused to degrade Francis Bacon into Viscount St.

Albans.

In a few weeks was signally brought to the test the value of those

objects for which Bacon had sullied his integrity, had resigned his

independence, had violated the most sacred obligations of friendship and

gratitude, had flattered the worthless, had persecuted the innocent, had

tampered with judges, had tortured prisoners, had plundered suitors,

had wasted on paltry intrigues, all the powers of the most exquisitely

constructed intellect that has ever been bestowed on any of the children

of men. A sudden and terrible reverse was at hand. A Parliament had been

summoned. After six years of silence the voice of the nation was attain

to be heard. Only three days after the pageant which was performed at

Theobalds in honour of Bacon, the Houses met.

Want of money had, as usual, induced the King to convoke his Parliament.

It may be doubted, however, whether, if he or his ministers had been at

all aware of the state of public feeling, they would not have tried any

expedient, or borne with any inconvenience, rather than have ventured

to face the deputies of a justly exasperated nation. But they did not

discern those times. Indeed almost all the political blunders of James,

and of his more unfortunate son, arose from one great error. During the

fifty years which preceded the Long Parliament, a great and progressive

change was taking place in the public mind. The nature and extent of

this change was not in the least understood by either of the first two

Kings of the House of Stuart, or by any of their advisers. That the

nation became more and more discontented every year, that every House of

{411}Commons was more unmanageable than that which had preceded it, were

facts which it was impossible not to perceive. But the Court could not

understand why these things were so. The Court could not see that the

English people and the English Government, though they might once have

been well suited to each other, were suited to each other no longer;

that the nation had outgrown its old institutions, was every day more

uneasy under them, was pressing against them, and would soon burst

through them. The alarming phænomena, the existence of which no

sycophant could deny, were ascribed to every cause except the true one.

“In my first Parliament,” said James, “I was a novice. In my next, there

was a kind of beasts called undertakers,” and so forth. In the third

Parliament he could hardly be called a novice, and those beasts, the

undertakers, did not exist. Yet his third Parliament gave him more

trouble than either the first or the second.

The Parliament had no sooner met than the House of Commons proceeded, in

a temperate and respectful, but most determined manner, to discuss

the public grievances. Their first attacks were directed against those

odious patents, under cover of which Buckingham and his creatures

had pillaged and oppressed the nation. The vigour with which these

proceedings were conducted spread dismay through the Court. Buckingham

thought himself in danger, and, in his alarm, had recourse to an adviser

who had lately acquired considerable influence over him, Williams,

Dean of Westminster. This person had already been of great use to the

favourite in a very delicate matter. Buckingham had set his heart on

marrying Lady Catherine Manners, daughter and heiress of the Earl of

Rutland. But the difficulties were great. The Earl {412}was haughty and

impracticable, and the young lady was a Catholic. Williams soothed the

pride of the father, and found arguments which, for a time at least,

quieted the conscience of the daughter. For these services he had been

rewarded with considerable preferment in the Church; and he was now

rapidly rising to the same place in the regard of Buckingham which had

formerly been occupied by Bacon.

Williams was one of those who are wiser for others than for themselves.

His own public life was unfortunate, and was made unfortunate by

his strange want of judgment and self-command at several important

conjunctures. But the counsel which he gave on this occasion showed no

want of worldly wisdom. He advised the favourite to abandon all thoughts

of defending the monopolies, to find some foreign embassy for his

brother Sir Edward, who was deeply implicated in the villanies

of Mompesson, and to leave the other offenders to the justice of

Parliament. Buckingham received this advice with the warmest expressions

of gratitude, and declared that a load had been lifted from his heart.

He then repaired with Williams to the royal presence. They found the

King engaged in earnest consultation with Prince Charles. The plan of

operations proposed by the Dean was fully discussed, and approved in all

its parts.

The first victims whom the Court abandoned to the vengeance of the

Commons were Sir Giles Mompesson and Sir Francis Michell. It was some

time before Bacon began to entertain any apprehensions. His talents and

his address gave him great influence in the house of which he had lately

become a member, as indeed they must have in any assembly. In the House

of Commons he had many personal friends and many {413}warm admirers. But

at length, about six weeks after the meeting of Parliament, the storm

burst.

A committee of the lower House had been appointed to inquire into the

state of the Courts of Justice. On the fifteenth of March the chairman

of that committee, Sir Robert Philips, member for Bath, reported that

great abuses had been discovered. “The person,” said he, “against whom

these things are alleged is no less than the Lord Chancellor, a man so

endued with all parts, both of nature and art, as that I will say no

more of him, being not able to say enough.” Sir Robert then proceeded to

state, in the most temperate manner, the nature of the charges. A person

of the name of Aubrey had a case depending in Chancery. He had been

almost ruined by law-expenses, and his patience had been exhausted by

the delays of the court. He received a hint from some of the hangers-on

of the Chancellor that a present of one hundred pounds would expedite

matters. The poor man had not the sum required. However, having found

out an usurer who accommodated him with it at high interest, he carried

it to York House. The Chancellor took the money, and his dependents

assured the suitor that all would go right. Aubrey was, however,

disappointed; for, after considerable delay, “a killing decree” was

pronounced against him. Another suitor of the name of Egerton complained

that he had been induced by two of the Chancellor’s jackals to make his

Lordship a present of four hundred pounds, and that, nevertheless, he

had not been able to obtain a decree in his favour. The evidence to

these facts was overwhelming. Bacon’s friends could only entreat the

House to suspend its judgment, and to send up the case to the Lords,

in a form less offensive than an impeachment. {414}On the nineteenth

of March the King; sent a message to the Commons, expressing his deep

regret that so eminent a person as the Chancellor should be suspected

of misconduct. His Majesty declared that he had no wish to screen the

guilty from justice, and proposed to appoint a new kind of tribunal,

consisting of eighteen commissioners, who might be chosen from among the

members of the two Houses, to investigate the matter. The Commons were

not disposed to depart from their regular course of proceeding. On the

same day they held a conference with the Lords, and delivered in the

heads of the accusation against the Chancellor. At this conference Bacon

was not present. Overwhelmed with shame and remorse, and abandoned by

all those in whom he had weakly put his trust, he had shut himself up in

his chamber from the eyes of men. The dejection of his mind soon

disordered his body. Buckingham, who visited him by the King’s order,

“found his Lordship very sick and heavy.” It appears from a pathetic

letter which the unhappy man addressed to the Peers on the day of the

conference, that he neither expected nor wished to survive his disgrace.

During several days he remained in his bed, refusing to see any human

being. He passionately told his attendants to leave him, to forget him,

never again to name his name, never to remember that there had been such

a man in the world. In the mean time, fresh instances of corruption were

every day brought to the knowledge of his accusers. The number of

charges rapidly increased from two to twenty-three. The Lords entered on

the investigation of the case with laudable alacrity. Some witnesses

were examined at the bar of the House. A select committee was appointed

to take the depositions {415}of others; and the inquiry was rapidly

proceeding, when, on the twenty-sixth of March, the King adjourned the

Parliament for three weeks.

This measure revived Bacon’s hopes. He made the most of his short

respite. He attempted to work on the feeble mind of the King. He

appealed to all the strongest feelings of James, to his fears, to his

vanity, to his high notions of prerogative. Would the Solomon of the

age commit so gross an error as to encourage the encroaching spirit of

Parliaments? Would God’s anointed, accountable to God alone, pay homage

to the clamorous multitude? “Those,” exclaimed Bacon, “who now strike at

the Chancellor will soon strike at the Crown. I am the first sacrifice.

I wish I may be the last.” But all his eloquence and address were

employed in vain. Indeed, whatever Mr. Montagu may say, we are firmly

convinced that it was not in the King’s power to save Bacon, without

having recourse to measures which would have convulsed the realm. The

Crown had not sufficient influence over the Parliament to procure an

acquittal in so clear a case of guilt. And to dissolve a Parliament

which is universally allowed to have been one of the best Parliaments

that ever sat, which had acted liberally and respectfully towards the

Sovereign, and which enjoyed in the highest degree the favour of the

people, only in order to stop a grave, temperate, and constitutional

inquiry into the personal integrity of the first judge in the kingdom,

would have been a measure more scandalous and absurd than any of those

which were the ruin of the House of Stuart. Such a measure, while it

would have been as fatal to the Chancellor’s honour as a conviction,

would have endangered the very existence of the monarchy. The {416}King,

acting by the advice of Williams, very properly refused to engage in a

dangerous struggle with his people, for the purpose of saving from legal

condemnation a minister whom it was impossible to save from dishonour.

He advised Bacon to plead guilty, and promised to do all in his power to

mitigate the punishment. Mr. Montagu is exceedingly angry with James

on this account. But though we are, in general, very little inclined to

admire that Prince’s conduct, we really think that his advice was, under

all the circumstances, the best advice that could have been given.

On the seventeenth of April the Houses reassembled, and the Lords

resumed their inquiries into the abuses of the Court of Chancery. On the

twenty-second, Bacon addressed to the Peers a letter, which the

Prince of Wales condescended to deliver. In this artful and pathetic

composition, the Chancellor acknowledged his guilt in guarded and

general texans, and, while acknowledging, endeavoured to palliate it.

This, however, was not thought sufficient by his judges. They required

a more particular confession, and sent him a copy of the charges. On

the thirtieth, he delivered a paper in which he admitted, with few and

unimportant reservations, the truth of the accusations brought against

him, and threw himself entirely on the mercy of his peers. “Upon

advised consideration of the charges,” said he, “descending into my own

conscience, and calling my memory to account so far as I am able, I do

plainly and ingenuously confess that I am guilty of corruption, and do

renounce all defence.”

The Lords came to a resolution that the Chancellor’s confession appeared

to be full and ingenuous, and sent a committee to inquire of him whether

it was {417}really subscribed by himself. The deputies, among whom was

Southampton, the common 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 {418}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 his 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.

{419}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,

frill of years and honours, owning with tears, with pathetic assurances

of his penitence and of his sincerity, that he has been guilty of

shameful mal-practices, repeatedly asseverating the truth of his

confession, subscribing it with his own band, 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 be deserves the name of man,

who thinks any thing that kings and minions can bestow more precious

than honour, or any thing that they can inflict more terrible than

infamy? {420}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 [Greek] 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 {421}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 honorable 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 neighbors, 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 {422}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. {423}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 theft of princes and magistrates. They are bribe-takers.

Nowadays they call them gentle rewards. Let them leave their colouring,

and call them by their Christian name--bribes.” And again; “Cambyses

was a great emperor, such another as our master is. He had many lord

deputies, lord presidents, and lieutenants under him. It is a great

while ago since I read the history. It chanced he had under him in one

of his dominions a briber, a gift-taker, a gratifier of rich men; he

followed gifts as fast as he that followed the pudding, a handmaker in

his office to make his son a great man, as the old saying is: Happy is

the child whose father goeth to the devil. The cry of the poor widow

came to the emperor’s ear, and caused him to flay the judge quick, and

laid his skin in the chair of judgment, that all judges that should give

judgment afterward should sit in the same skin. Surely it was {424}a

goodly sign, a goodly monument, the sign of the judge’s skin. I pray God

we may once see the skin in England.”

“I am sure,” says he in another sermon, “this is _scala inferni_, the

right way to hell, to be covetous, to take bribes, and pervert justice.

If a judge should ask me the way to hell, I would show him this way.

First, let him be a covetous man; let his heart be poisoned with

covetousness. Then let him go a little further and take bribes; and,

lastly, pervert judgment. Lo, here is the mother, and the daughter,

and the daughter’s daughter. Avarice is the mother: she brings forth

bribe-taking, and bribe-taking perverting of judgment. There lacks

a fourth thing to make up the mess, which, so help me God, if I were

judge, should be _hanyum tuum_, a Tyburn tippet to take with him; an it

were the judge of the King’s Bench, my Lord Chief Judge of England,

yea, an it were my Lord Chancellor himself, to Tyburn with him.” We will

quote but one more passage. “He that took the silver basin and ewer for

a bribe, thinketh that it will never come out. But he may now know that

I know it, and I know it not alone; there be more beside me that know

it. Oh, briber and bribery! He was never a good man that will so take

bribes. Nor can I believe that he that is a briber will be a good

justice. It will never be merry in England till we have the skins of

such. For what needeth bribing where men do their things uprightly?”

This was not the language of a great philosopher who had made new

discoveries in moral and political science. It was the plain talk of

a plain man, who sprang from the body of the people, who sympathised

strongly with their wants and their feelings, and who boldly uttered

their opinions. It was on account of the {425}fearless way in which

stout-hearted old Hugh exposed the misdeeds of men in ermine tippets

and gold collars, that the Londoners cheered him, as he walked down the

Strand to preach at Whitehall, struggled for a touch of his gown, and

bawled “Have at them, Father Latimer.” It is plain, from the passages

which we have quoted, and from fifty others winch we might quote, that,

long before Bacon was born, the accepting of presents by a judge was

known to be a wicked and shameful act, that the fine words under which

it was the fashion to veil such corrupt practices were even then seen

through by the common people, that the distinction on which Mr. Montagu

insists between compliments and bribes was even then laughed at as

a mere colouring. There may be some oratorical exaggeration in what

Latimer says about the Tyburn tippet and the sign of the judge’s

skin; but the fact that he ventured to use such expressions is amply

sufficient to prove that the gift-taking judges, the receivers of silver

basins and ewers, were regarded as such pests of the commonwealth that

a venerable divine might, without any breach of Christian charity,

publicly pray to God for their detection and their condign punishment.

Mr. Montagu tells us, most justly, that we ought not to transfer the

opinions of our age to a former age. But he has himself committed a

greater error than that against which he has cautioned his readers.

Without any evidence, nay, in the face of the strongest evidence, he

ascribes to the people of a former age a set of opinions which no people

ever held. But any hypothesis is in his view more probable than that

Bacon should have been a dishonest man. We firmly believe that, if

papers were to be discovered which should irresistibly prove that Bacon

was concerned in the poisoning of {426}Sir Thomas Overbury, Mr. Montagu

would tell us that, at the beginning of the seventeenth century, it

was not thought improper in a man to put arsenic into the broth of his

friends, and that we ought to blame, not Bacon, but the age in which he

lived.

But why should we have recourse to any other evidence, when the

proceeding against Lord Bacon is itself the best evidence on the

subject? When Mr. Montagu tells us that we ought not to transfer the

opinions of our age to Bacon’s age, he appears altogether to forget

that it was by men of Bacon’s own age that Bacon was prosecuted, tried,

convicted, and sentenced. Did not they know what their own opinions

were? Did not they know whether they thought the taking of gifts by

a judge a crime or not? Mr. Montagu complains bitterly that Bacon

was induced to abstain from making a defence. But, if Bacon’s defence

resembled that which is made for him in the volume before us, it would

have been unnecessary to trouble the Houses with it. The Lords and

Commons did not want Bacon to tell them the thoughts of their own

hearts, to inform them that they did not consider such practices as

those in which they had detected him as at all culpable. Mr. Montagu’s

proposition may indeed be fairly stated thus:--It was very hard that

Bacon’s contemporaries should think it wrong in him to do what thev

did not think it wrong in him to do. Third indeed; and withal somewhat

improbable. Will any person say that the Commons who impeached Bacon for

taking presents, and the Lords who sentenced him to fine, imprisonment,

and degradation for taking presents, did not know that the taking of

presents was a crime? Or, will any person say that Bacon did not know

what the whole House of Commons and the {427}whole House of Lords knew?

Nobody who is not prepared to maintain one of these absurd propositions

can deny that Bacon committed what he knew to be a crime.

It cannot be pretended that the Houses were seeking occasion to ruin

Bacon, and that they therefore brought him to punishment on charges

which they themselves knew to be frivolous. In no quarter was there the

faintest indication of a disposition to treat him harshly. Through

the whole proceeding there was no symptom of personal animosity or of

factious violence in either House. Indeed, we will venture to say that

no State-Trial in our history is more creditable to all who took part

in it, either as prosecutors or judges. The decency, the gravity, the

public spirit, the justice moderated but not unnerved by compassion,

which appeared in every part of the transaction, would do honour to the

most respectable public men in our own times. The accusers, while they

discharged their duty to their constituents by bringing the misdeeds

of the Chancellor to light, spoke with admiration of his many eminent

qualities. The Lords, while condemning him, complimented him on the

ingenuousness of his confession, and spared him the humiliation of a

public appearance at their bar. So strong was the contagion of good

feeling that even Sir Edward Coke, for the first time in his life,

behaved like a gentleman. No criminal ever had more temperate

prosecutors than Bacon. No criminal ever had more favourable judges. If

he was convicted, it was because it was impossible to acquit him without

offering the grossest outrage to justice and common sense.

Mr. Montagu’s other argument, namely, that Bacon, though he took

gifts, did not take bribes, seems to us as futile as that which we have

considered. Indeed, {428}we might be content to leave it to be answered

by the plainest man among our readers. Demosthenes noticed it with

contempt more than two thousand years ago. Latimer, we have seen,

treated this sophistry with similar disdain. “Leave colouring,” said

he, “and call these things by their Christian name, bribes.” Mr. Montagu

attempts, somewhat unfairly, we must say, to represent the presents

which Bacon received as similar to the perquisites which suitors paid

to the members of the Parliaments of France. The French magistrate had a

legal right to his fee: and the amount of the fee was regulated by law.

Whether this be a good mode of remunerating judges is not the question.

But what analogy is there between payments of this sort and the presents

which Bacon received, presents which were not sanctioned by the law,

which were not made under the public eye, and of which the amount was

regulated only by private bargain between the magistrate and the suitor?

Again, it is mere trifling to say that Bacon could not have meant to

act corruptly because he employed the agency of men of rank, of bishops,

privy councillors, and members of Parliament; as if the whole history of

that generation was not full of the low actions of high people; as if it

was not notorious that men, as exalted in rank as any of the decoys that

Bacon employed, had pimped for Somerset and poisoned Overbury.

But, says Mr. Montagu, these presents “were made openly and with the

greatest publicity.” This would indeed be a strong argument in favour of

Bacon. But we deny the fact. In one, and one only, of the cases in which

Bacon was accused of corruptly receiving gifts, does he appear to have

received a gift publicly. This was in a matter depending between the

Company {429}of Apothecaries and the Company of Grocers. Bacon, in his

Confession, insisted strongly on the circumstance that he had on this

occasion taken a present publicly, as a proof that he had not taken it

corruptly. Is it not clear that, if he had taken the presents mentioned

in the other charges in the same public manner, he would have dwelt on

this point in his answer to those charges? The fact that he insists

so strongly on the publicity of one particular present is of itself

sufficient to prove that the other presents were not publicly taken. Why

he took this present publicly and the rest secretly, is evident. He on

that occasion acted openly, because he was acting honestly. He was

not on that occasion sitting judicially. He was called in to effect an

amicable arrangement between two parties. Both were satisfied with his

decision. Both joined in making him a present in return for his trouble.

Whether it was quite delicate in a man of his rank to accept a present

under such circumstances, may be questioned. But there is no ground in

this case for accusing him of corruption.

Unhappily, the very circumstances which prove him to have been innocent

in this case prove him to have been guilty on the other charges. Once,

and once only, he alleges that he received a present publicly. The

natural inference is that in all the other cases mentioned in the

articles against him he received presents secretly. When we examine the

single case in which he alleges that he received a present publicly,

we find that it is also the single case in which there was no gross

impropriety in his receiving a present. Is it then possible to doubt

that his reason for not receiving other presents in as public a manner

was that he knew that it was wrong to receive them?

One argument still remains, plausible in appearance. {430}but admitting

of easy and complete refutation. The two chief complainants, Aubrey and

Egerton, had both made presents to the Chancellor. But he had decided

against them both. Therefore, he had not received those presents as

bribes. “The complaints of his accusers were,” says Mr. Montagu, “not

that the gratuities had, but that they had not influenced Bacon’s

judgment, as he had decided against them.”

The truth is, that it is precisely in this way that an extensive system

of corruption is generally detected. A person who, by a bribe, has

procured a decree in his favour, is by no means likely to come forward

of his own accord as an accuser. He is content. He has his quid pro

quo. He is not impelled either by interested or by vindictive motives to

bring the transaction before the public. On the contrary, he has almost

as strong motives for holding his tongue as the judge himself can have.’

But when a judge practises corruption, as we fear that Bacon practised

it, on a large scale, and has many agents looking out in different

quarters for prey, it will sometimes happen that he will be bribed on

both sides. It will sometimes happen that he will receive money from

suitors who are so obviously in the wrong that he cannot with decency

do any thing to serve them. Thus lie will now and then be forced to

pronounce against a person from whom he has received a present; and he

makes that person a deadly enemy. The hundreds who have got what they

paid for remain quiet. It is the two or three who have paid, and have

nothing to show for their money, who are noisy.

The memorable case of the Goëzmans is an example of this. Beaumarchais

had an important suit depending before the Parliament of Paris. M.

Goëzman was the judge on whom chiefly the decision depended. It {431}was

hinted to Beaumarchais that Madame Goëzman might be propitiated by

a present. He accordingly offered a purse of gold to the lady, who

received it graciously. There can be no doubt that, if the decision of

the court had been favourable to him, these things would never have been

known to the world.

But he lost his cause. Almost the whole sum which he had expended in

bribery was immediately refunded; and those who had disappointed him

probably thought that he would not, for the mere gratification of

his malevolence, make public a transaction which was discreditable to

himself as well as to them. They knew little of him. He soon taught

them to curse the day in which they had dared to trifle with a man of so

revengeful and turbulent a spirit, of such dauntless effrontery, and

of such eminent talents for controversy and satire. He compelled the

Parliament to put a degrading stigma on M. Goëzman. He drove

Madame Goëzman to a convent. Till it was too late, his excited

passions did not suffer him to remember that he could effect their ruin

only by disclosures ruinous to himself. We could give other instances.

But it is needless. No person well acquainted with human nature can fail

to perceive that, if the doctrine for which Mr. Montagu contends were

admitted, society would be deprived of almost the only chance which it

has of detecting the corrupt practices of judges.

We return to our narrative. The sentence of Bacon had scarcely been

pronounced when it was mitigated. He was indeed sent to the Tower. But

this was merely a form. In two days he was set at liberty, and soon

after he retired to Gorhambury. His fine was speedily released by the

Crown. He was next suffered to present himself at Court; and at length,

in 1624, the {432}rest of his punishment was remitted. He was now at

liberty to resume his seat in the House of Lords, and he was actually

summoned to the next Parliament. But age, infirmity, and perhaps shame,

prevented him from attending. The Government allowed him a pension of

twelve hundred pounds a year; and his whole annual income is estimated

by Mr. Montagu at two thousand five hundred pounds, a sum which was

probably above the average income of a nobleman of that generation,

and which was certainly sufficient for comfort and even for splendour.

Unhappily, Bacon was fond of display, and unused to pay minute attention

to domestic affairs. He was not easily persuaded to give up any part

of the magnificence to which he had been accustomed in the time of his

power and prosperity. No pressure of distress could induce him to part

with the woods of Gorhambury. “I will not,” he said, “be stripped of

my feathers.” He travelled with so splendid an equipage and so large

a retinue that Prince Charles, who once fell in with him on the road,

exclaimed with surprise, “Well; do what we can, this man scorns to

go out in snuff.” This carelessness and ostentation reduced Bacon to

frequent distress. He was under the necessity of parting with York

House, and of taking up his residence, during his visits to London, at

his old chambers in Gray’s Inn. He had other vexations, the exact nature

of which is unknown. It is evident from his will that some part of his

wife’s conduct had greatly disturbed and irritated him.

But, whatever might be his pecuniary difficulties or his conjugal

discomforts, the powers of his intellect still remained undiminished.

Those noble studies for which he had found leisure in the midst of

professional drudgery and of courtly intrigues gave to this last sad

stage of {433}his life a dignity beyond what power or titles could

bestow. Impeached, convicted, sentenced, driven with ignominy from the

presence of his Sovereign, shut out from the deliberations of his fellow

nobles, loaded with debt, branded with dishonour, sinking under the

weight of years, sorrows, and diseases, Bacon was Bacon still. “My

conceit of his person,” says Ben Jonson very finely, “was never

increased towards him by his place or honours; but I have and do

reverence him for the greatness that was only proper to himself; in

that he seemed to me ever, by his work, one of the greatest men and most

worthy of admiration, that had been in many ages. In his adversity I

ever prayed that God would give him strength; for greatness he could not

want.”

The services which Bacon rendered to letters during the last five years

of his life, amidst ten thousand distractions and vexations, increase

the regret with which we think on the many years which he had wasted, to

use the words of Sir Thomas Bodley, “on such study as was not worthy of

such a student.” He commenced a Digest of the Laws of England, a History

of England under the Princes of the House of Tudor, a body of Natural

History, a Philosophical Romance. He made extensive and valuable

additions to his Essays. He published the inestimable Treatise _De

Augmentis Scientiarum_. The very trifles with which he amused himself in

hours of pain and languor bore the mark of his mind. The best collection

of jests in the world is that which he dictated from memory, without

referring to any book, on a day on which illness had rendered him

incapable of serious study.

The great apostle of experimental philosophy was {434}destined to be its

martyr. It had occurred to him that snow might be used with advantage

for the purpose of preventing animal substances from putrefying. On a

very cold day, early in the spring of the year 1626, he alighted from

his coach near Highgate, in order to try the experiment. He went into

a cottage, bought a fowl, and with his own hands stuffed it with

snow. While thus engaged he felt a sudden chill, and was soon so much

indisposed that it was impossible for him to return to Gray’s Inn.

The Earl of Arundel, with whom he was well acquainted, had a house at

Highgate. To that house Bacon was carried. The Earl was absent; but

the servants who were in charge of the place showed great respect and

attention to the illustrious guest. Here, after an illness of about

a week, he expired early on the morning of Easter-day, 1626. His mind

appears to have retained its strength and liveliness to the end. He did

not forget the fowl which had caused his death. In the last letter that

he ever wrote, with fingers which, as he said, could not steadily hold

a pen, he did not omit to mention that the experiment of the snow had

succeeded “excellently well.”

Our opinion of the moral character of this great man has already been

sufficiently explained. Had his life been passed in literary retirement,

he would, in all probability, have deserved to be considered, not only

as a great philosopher, but as a worthy and good-natured member of

society. But neither his principles nor his spirit were such as could

be trusted, when strong temptations were to be resisted, and serious

dangers to be braved.

In his will he expressed with singular brevity, energy, dignity, and

pathos, a mournful consciousness {435}that his actions had not been such

as to entitle him to the esteem of those under whose observation his

life had been passed, and, at the same time, a proud confidence that

his writings had secured for him a high and permanent place among the

benefactors of mankind. So at least we understand those striking words

which have been often quoted, but which we must quote once more; “For my

name and memory, I leave it to men’s charitable speeches, and to foreign

nations, and to the next age.”

His confidence was just. From the day of his death his fame has been

constantly and steadily progressive; and we have no doubt that his name

will be named with reverence to the latest ages, and to the remotest

ends of the civilised world.

The chief peculiarity of Bacon’s philosophy seems to us to have been

this, that it aimed at things altogether different from those which

his predecessors had proposed to themselves. This was his own opinion.

“Finis scientiarum,” says he, “a nemine adhuc bene positus est.” (1)

And again, “Omnium gravissimus error in deviatione ab ultimo doctrinarum

fine con-sistit.” (2) “Nec ipsa meta,” says he elsewhere, “adhuc ulli,

quod sciam, mortalium posita est et defixa.” (3) The more carefully his

works are examined, the more clearly, we think, it will appear that this

is the real clue to his whole system, and that he used means different

from those used by other philosophers, because he wished to arrive at an

end altogether different from theirs.

What then was the end which Bacon proposed to himself? It was, to use

his own emphatic expression,

(1) Novum Organum, Lib. 1. Aph. 81.

(2) De Augmentis, Lib. 1.

(3) Cogitata et visa.

{436}“fruit.” It was the multiplying of human enjoyments and the

mitigating of human sufferings. It was “the relief of man’s estate.” (1)

It was “commodis humanis inservire.” (2) It was “efficaciter operari

ad sublevanda vitæ humanæ incommoda.” (3) It was “dotare vitam immanam

novis inventis et copiis.” (4) It was “genus humanum novis operibus

et potestatibus continno dotare.” (5) This was the object of all his

speculations in every department of science, in natural philosophy, in

legislation, in politics, in morals.

Two words form the key of the Baconian doctrine, Utility and Progress.

The ancient philosophy disdained to be useful, and was content to be

stationary. It dealt largely in theories of moral perfection, which were

so sublime that they never could be more than theories; in attempts

to solve insoluble enigmas; in exhortations to the attainment of

unattainable frames of mind. It could not condescend to the humble

office of ministering to the comfort of human beings. All the schools

contemned that office as degrading; some censured it as immoral. Once

indeed Posidonius, a distinguished writer of the age of Cicero and

Cæsar, so far forgot himself as to enumerate, among the hum-bier

blessings which mankind owed to philosophy, the discovery of the

principle of the arch, and the introduction of the use of metals.

This eulogy was considered as an affront, and was taken up with proper

spirit. Seneca vehemently disclaims these insulting compliments.6

Philosophy, according to him, has nothing to do with teaching men to

rear arched roofs over their heads. The true philosopher does not care

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