"For my fortune, summa summarum with me is, that I may not be made altogether unprofitable to do your Majesty service or honour. If your Majesty continue me as I am, I hope I shall be a new man, and shall reform things out of feeling, more than another can do out of example. If I cast part of my burden, I shall be more strong and delivré to bear the rest. And, to tell your Majesty what my thoughts run upon, I think of writing a story of England, and of recompiling of your laws into a better digest."
The King referred him to the House; and the House now (April 19th) prepared to gather up into "one brief" the charges against the Lord Chancellor, still, however, continuing open to receive fresh complaints.
Meanwhile the chase after abuses of all kinds was growing hotter in the Commons—abuses in patents and monopolies, which revived the complaints against referees, among whom Bacon was frequently named, and abuses in the Courts of Justice. The attack passed by and spared the Common Law Courts, as was noticed in the course of the debates; it spared Cranfield's Court, the Court of Wards. But it fell heavily on the Chancery and the Ecclesiastical Courts. "I have neither power nor will to defend Chancery," said Sir John Bennett, the judge of the Prerogative Court; but a few weeks after his turn came, and a series of as ugly charges as could well be preferred against a judge, charges of extortion as well as bribery, were reported to the House by its Committee. There can be no doubt of the grossness of many of these abuses, and the zeal against them was honest, though it would have shown more courage if it had flown at higher game; but the daily discussion of them helped to keep alive and inflame the general feeling against so great a "delinquent" as the Lord Chancellor was supposed to be. And, indeed, two of the worst charges against him were made before the Commons. One was a statement made in the House by Sir George Hastings, a member of the House, who had been the channel of Awbry's gift, that when he had told Bacon that if questioned he must admit it, Bacon's answer was: "George, if you do so, I must deny it upon my honour—upon my oath." The other was that he had given an opinion in favour of some claim of the Masters in Chancery for which he received £1200, and with which he said that all the judges agreed—an assertion which all the judges denied. Of these charges there is no contradiction.[4]
Bacon made one more appeal to the King (April 21). He hoped that, by resigning the seal, he might be spared the sentence:
"But now if not per omnipotentiam (as the divines speak), but per potestatem suaviter disponentem, your Majesty will graciously save me from a sentence with the good liking of the House, and that cup may pass from me; it is the utmost of my desires.
"This I move with the more belief, because I assure myself that if it be reformation that is sought, the very taking away the seal, upon my general submission, will be as much in example for these four hundred years as any furder severity."
At length, informally, but for the first time distinctly, the full nature of the accusation, with its overwhelming list of cases, came to Bacon's knowledge (April 20 or 21). From the single charge, made in the middle of March, it had swelled in force and volume like a rising mountain torrent. That all these charges should have sprung out of the ground from their long concealment is strange enough. How is it that nothing was heard of them when the things happened? And what is equally strange is that these charges were substantially true and undeniable; that this great Lord Chancellor, so admirable in his despatch of business, hitherto so little complained of for wrong or unfair decisions, had been in the habit of receiving large sums of money from suitors, in some cases certainly while the suit was pending. And further, while receiving them, while perfectly aware of the evil of receiving gifts on the seat of judgment, while emphatically warning inferior judges against yielding to the temptation, he seems really to have continued unconscious of any wrong-doing while gift after gift was offered and accepted. But nothing is so strange as the way in which Bacon met the charges. Tremendous as the accusation was, he made not the slightest fight about it. Up to this time he had held himself innocent. Now, overwhelmed and stunned, he made no attempt at defence; he threw up the game without a struggle, and volunteered an absolute and unreserved confession of his guilt—that is to say, he declined to stand his trial. Only, he made an earnest application to the House of Lords, in proceeding to sentence, to be content with a general admission of guilt, and to spare him the humiliation of confessing the separate facts of alleged "bribery" which were contained in the twenty-eight Articles of his accusation. This submission, "grounded only on rumour," for the Articles of charge had not yet been communicated to him by the accusers, took the House by surprise. "No Lord spoke to it, after it had been read, for a long time." But they did not mean that he should escape with this. The House treated the suggestion with impatient scorn (April 24). "It is too late," said Lord Saye. "No word of confession of any corruption in the Lord Chancellor's submission," said Southampton; "it stands with the justice and honour of this House not to proceed without the parties' particular confession, or to have the parties to hear the charge, and we to hear the parties answer." The demand of the Lords was strictly just, but cruel; the Articles were now sent to him; he had been charged with definite offences; he must answer yes or no, confess them or defend himself. A further question arose whether he should not be sent for to appear at the bar. He still held the seals. "Shall the Great Seal come to the bar?" asked Lord Pembroke. It was agreed that he was to be asked whether he would acknowledge the particulars. His answer was "that he will make no manner of defence to the charge, but meaneth to acknowledge corruption, and to make a particular confession to every point, and after that a humble submission. But he humbly craves liberty that, when the charge is more full than he finds the truth of the fact, he may make a declaration of the truth in such particulars, the charge being brief and containing not all the circumstances." And such a confession he made. "My Lords," he said, to those who were sent to ask whether he would stand to it, "it is my act, my hand, my heart. I beseech your Lordships be merciful to a broken reed." This was, of course, followed by a request to the King from the House to "sequester" the Great Seal. A commission was sent to receive it (May 1). "The worse, the better," he answered to the wish, "that it had been better with him." "By the King's great favour I received the Great Seal; by my own great fault I have lost it." They intended him now to come to the bar to receive his sentence. But he was too ill to leave his bed. They did not push this point farther, but proceeded to settle the sentence (May 3). He had asked for mercy, but he did not get it. There were men who talked of every extremity short of death. Coke, indeed, in the Commons, from his store of precedents, had cited cases where judges had been hanged for bribery. But the Lords would not hear of this. "His offences foul," said Lord Arundel; "his confession pitiful. Life not to be touched." But Southampton, whom twenty years before he had helped to involve in Essex's ruin, urged that he should be degraded from the peerage; and asked whether, at any rate, "he whom this House thinks unfit to be a constable shall come to the Parliament." He was fined £40,000. He was to be imprisoned in the Tower during the King's pleasure. He was to be incapable of any office, place, or employment in the State or Commonwealth. He was never to sit in Parliament or come within the verge of the Court. This was agreed to, Buckingham only dissenting. "The Lord Chancellor is so sick," he said, "that he cannot live long."
What is the history of this tremendous catastrophe by which, in less than two months, Bacon was cast down from the height of fortune to become a byword of shame? He had enemies, who certainly were glad, but there is no appearance that it was the result of any plot or combination against him. He was involved, accidentally, it may almost be said, in the burst of anger excited by the intolerable dealings of others. The indignation provoked by Michell and Mompesson and their associates at that particular moment found Bacon in its path, doing, as it seemed, in his great seat of justice, even worse than they; and when he threw up all attempt at defence, and his judges had his hand to an unreserved confession of corruption, both generally, and in the long list of cases alleged against him, it is not wonderful that they came to the conclusion, as the rest of the world did, that he was as bad as the accusation painted him—a dishonest and corrupt judge. Yet it is strange that they should not have observed that not a single charge of a definitely unjust decision was brought, at any rate was proved, against him. He had taken money, they argued, and therefore he must be corrupt; but if he had taken money to pervert judgment, some instance of the iniquity would certainly have been brought forward and proved. There is no such instance to be found; though, of course, there were plenty of dissatisfied suitors; of course the men who had paid their money and lost their cause were furious. But in vain do we look for any case of proved injustice. The utmost that can be said is that in some cases he showed favour in pushing forward and expediting suits. So that the real charge against Bacon assumes, to us who have not to deal practically with dangerous abuses, but to judge conduct and character, a different complexion. Instead of being the wickedness of perverting justice and selling his judgments for bribes, it takes the shape of allowing and sharing in a dishonourable and mischievous system of payment for service, which could not fail to bring with it temptation and discredit, and in which fair reward could not be distinguished from unlawful gain. Such a system it was high time to stop; and in this rough and harsh way, which also satisfied some personal enmities, it was stopped. We may put aside for good the charge on which he was condemned, and which in words he admitted—of being corrupt as a judge. His real fault—and it was a great one—was that he did not in time open his eyes to the wrongness and evil, patent to every one, and to himself as soon as pointed out, of the traditional fashion in his court of eking out by irregular gifts the salary of such an office as his.
Thus Bacon was condemned both to suffering and to dishonour; and, as has been observed, condemned without a trial. But it must also be observed that it was entirely owing to his own act that he had not a trial, and with a trial the opportunity of cross-examining witnesses and of explaining openly the matters urged against him. The proceedings in the Lords were preliminary to the trial; when the time came, Bacon, of his own choice, stopped them from going farther, by his confession and submission. Considering the view which he claimed to take of his own case, his behaviour was wanting in courage and spirit. From the moment that the attack on him shifted from a charge of authorising illegal monopolies to a charge of personal corruption, he never fairly met his accusers. The distress and anxiety, no doubt, broke down his health; and twice, when he was called upon to be in his place in the House of Lords, he was obliged to excuse himself on the ground that he was too ill to leave his bed. But between the time of the first charge and his condemnation seven weeks elapsed; and though he was able to go down to Gorhambury, he never in that time showed himself in the House of Lords. Whether or not, while the Committees were busy in collecting the charges, he would have been allowed to take part, to put questions to the witnesses, or to produce his own, he never attempted to do so; and by the course he took there was no other opportunity. To have stood his trial could hardly have increased his danger, or aggravated his punishment; and it would only have been worthy of his name and place, if not to have made a fight for his character and integrity, at least to have bravely said what he had made up his mind to admit, and what no one could have said more nobly and pathetically, in open Parliament. But he was cowed at the fierceness of the disapprobation manifest in both Houses. He shrunk from looking his peers and his judges in the face. His friends obtained for him that he should not be brought to the bar, and that all should pass in writing. But they saved his dignity at the expense of his substantial reputation. The observation that the charges against him were not sifted by cross-examination applies equally to his answers to them. The allegations of both sides would have come down to us in a more trustworthy shape if the case had gone on. But to give up the struggle, and to escape by any humiliation from a regular public trial, seems to have been his only thought when he found that the King and Buckingham could not or would not save him.
But the truth is that he knew that a trial of this kind was a trial only in name. He knew that, when a charge of this sort was brought, it was not meant to be really investigated in open court, but to be driven home by proofs carefully prepared beforehand, against which the accused had little chance. He knew, too, that in those days to resist in earnest an accusation was apt to be taken as an insult to the court which entertained it. And further, for the prosecutor to accept a submission and confession without pushing to the formality of a public trial, and therefore a public exposure, was a favour. It was a favour which by his advice, as against the King's honour, had been refused to Suffolk; it was a favour which, in a much lighter charge, had by his advice been refused to his colleague Yelverton only a few months before, when Bacon, in sentencing him, took occasion to expatiate on the heinous guilt of misprisions or mistakes in men in high places. The humiliation was not complete without the trial, but it was for humiliation and not fair investigation that the trial was wanted. Bacon knew that the trial would only prolong his agony, and give a further triumph to his enemies.
That there was any plot against Bacon, and much more that Buckingham to save himself was a party to it, is of course absurd. Buckingham, indeed, was almost the only man in the Lords who said anything for Bacon, and, alone, he voted against his punishment. But considering what Buckingham was, and what he dared to do when he pleased, he was singularly cool in helping Bacon. Williams, the astute Dean of Westminster, who was to be Bacon's successor as Lord Keeper, had got his ear, and advised him not to endanger himself by trying to save delinquents. He did not. Indeed, as the inquiry went on, he began to take the high moral ground; he was shocked at the Chancellor's conduct; he would not have believed that it could have been so bad; his disgrace was richly deserved. Buckingham kept up appearances by saying a word for him from time to time in Parliament, which he knew would be useless, and which he certainly took no measures to make effective. It is sometimes said that Buckingham never knew what dissimulation was. He was capable, at least, of the perfidy and cowardice of utter selfishness. Bacon's conspicuous fall diverted men's thoughts from the far more scandalous wickedness of the great favourite. But though there was no plot, though the blow fell upon Bacon almost accidentally, there were many who rejoiced to be able to drive it home. We can hardly wonder that foremost among them was Coke. This was the end of the long rivalry between Bacon and Coke, from the time that Essex pressed Bacon against Coke in vain to the day when Bacon as Chancellor drove Coke from his seat for his bad law, and as Privy Councillor ordered him to be prosecuted in the Star Chamber for riotously breaking open men's doors to get his daughter. The two men thoroughly disliked and undervalued one another. Coke made light of Bacon's law. Bacon saw clearly Coke's narrowness and ignorance out of that limited legal sphere in which he was supposed to know everything, his prejudiced and interested use of his knowledge, his coarseness and insolence. But now in Parliament Coke was supreme, "our Hercules," as his friends said. He posed as the enemy of all abuses and corruption. He brought his unrivalled, though not always accurate, knowledge of law and history to the service of the Committees, and took care that the Chancellor's name should not be forgotten when it could be connected with some bad business of patent or Chancery abuse. It was the great revenge of the Common Law on the encroaching and insulting Chancery which had now proved so foul. And he could not resist the opportunity of marking the revenge of professional knowledge over Bacon's airs of philosophical superiority. "To restore things to their original" was his sneer in Parliament, "this, Instauratio Magna. Instaurare paras—Instaura leges justitiamque prius."[ 5]