From this time Bacon must be thought of, first and foremost, as a Judge
in the great seat which he had so earnestly sought. It was the place not
merely of law, which often tied the judge's hands painfully, but of true
justice, when law failed to give it. Bacon's ideas of the duties of a
judge were clear and strong, as he showed in various admirable speeches
and charges: his duties as regards his own conduct and reputation; his
duties in keeping his subordinates free from the taint of corruption. He
was not ignorant of the subtle and unacknowledged ways in which unlawful
gains may be covered by custom, and an abuse goes on because men will
not choose to look at it. He entered on his office with the full purpose
of doing its work better than it had ever been done. He saw where it
wanted reforming, and set himself at once to reform. The accumulation
and delay of suits had become grievous; at once he threw his whole
energy into the task of wiping out the arrears which the bad health of
his predecessor and the traditional sluggishness of the court had heaped
up. In exactly three months from his appointment he was able to report
that these arrears had been cleared off. "This day" (June 8, 1617), he
writes to Buckingham, "I have made even with the business of the kingdom
for common justice. Not one cause unheard. The lawyers drawn dry of all
the motions they were to make. Not one petition unheard. And this I
think could not be said in our time before."
The performance was splendid, and there is no reason to think that the
work so rapidly done was not well done. We are assured that Bacon's
decisions were unquestioned, and were not complained of. At the same
time, before this allegation is accepted as conclusive proof of the
public satisfaction, it must be remembered that the question of his
administration of justice, which was at last to assume such strange
proportions, has never been so thoroughly sifted as, to enable us to
pronounce upon it, it should be. The natural tendency of Bacon's mind
would undoubtedly be to judge rightly and justly; but the negative
argument of the silence at the time of complainants, in days when it was
so dangerous to question authority, and when we have so little evidence
of what men said at their firesides, is not enough to show that he never
failed.
Public-domain text, read in full here on John Shaqi.
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