Blackwood's Edinburgh Magazine, Vol. 93, No. 570, April, 1863Various
History
Blackwood's Edinburgh Magazine, Vol. 93, No. 570, April, 1863
Various
England -- Periodicals; Scotland -- Periodicals
Now we cannot suppose that Bacon would plead guilty unless there were
really some corrupt practices of which his conscience told him he was
culpable. To suppose otherwise would, as Macaulay has argued, convict
him of a dastardly conduct almost as infamous as judicial corruption.
But although it is impossible to suppose that there was not _something
to confess_—something culpable and illegal to plead guilty to—yet it is
very possible that, by showing that he was not more culpable than
others, he might have defended himself successfully before the House of
Lords. A man of sterner stuff would have adopted this line of defence;
he would have carried the war into other territories. Of this the Court
was not at all desirous, and Bacon, a lover of peace, thought it the
better bargain to plead guilty and keep the King for his friend.
We do not accuse the Lord Chancellor of pleading guilty, and being
conscious of perfect innocence; we say that he resigned a line of
defence which might have been successful with his judges, in obedience
to the wishes of the Court. In the position in which he found himself,
submission was better policy than defence.
It is idle to suppose that Bacon received no presents but such as would
be classed under the head of fees or customary donations: there was the
element of _secrecy_ in the transactions which were now brought to
light, and which were to be made the subject of investigation before the
House of Lords. The money was given, it is true, to an officer of the
Court; it was not slipped into the hand, or dropped stealthily into the
sleeve of the judge himself: but the officer of the Court did not talk
about such transactions as these; he had the proper _esprit de corps_,
if he had no other motive for silence. But still there are many cases in
which a custom, acknowledged to be bad and immoral even by those who
fall into it, is yet so prevalent that it seems an injustice to single
out any one individual, and punish it in him; and this seems to be the
position in which Bacon stands. An illustration occurs to us in some of
the vicious customs of trade. The illustration may not be very
dignified, but it is apposite. A little time ago the public was suddenly
made aware of divers impositions that had been long practised on it.
Some articles of commerce were systematically adulterated; others were
sold under false descriptions. Here were reels of cotton warranted to
contain 300 yards, which did not contain say more than 200; and it was
reported at the time (we of course do not vouch for the truth of a
statement which we use only by way of illustration) that respectable
houses of trade gave orders to the manufacturers for reels of cotton
which should be marked as having a greater number of yards than were
actually wound on them. Now let us suppose that a custom of this kind
prevails, and that suddenly one man, and he not the most flagrant
offender, is singled out for punishment. You cannot say the man is
Public-domain text, read in full here on John Shaqi.
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