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 of 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, 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 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, 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 anything to serve them. Thus he 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 Goezmans is an example of this. Beaumarchais had an important suit depending before the Parliament of Paris. M. Goezman was the judge on whom chiefly the decision depended. It was hinted to Beaumarchais that Madame Goezman 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. Goezman. He drove Madame Goezman to a convent. Till it was too late to pause, 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 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.