Critical, Historical, and Miscellaneous Essays; Vol. 3: With a Memoir and IndexMacaulay, Thomas Babington Macaulay, Baron
History
Critical, Historical, and Miscellaneous Essays; Vol. 3: With a Memoir and Index
Macaulay, Thomas Babington Macaulay, Baron
English literature -- History and criticism; Great Britain -- History
readers are now able to judge whether, in the matter of patents, Bacon
acted conformably to his professions, or deserved the praise which his
biographer has bestowed on him.
In his judicial capacity his conduct was not less reprehensible. He
suffered Buckingham to dictate many of his decisions. Bacon knew as
well as any man that a judge who listens to private solicitations is
a disgrace to his post. He had himself, before he was raised to the
woolsack, represented this strongly to Villiers, then just entering on
his career. “By no {403}means,” said Sir Francis, in a letter of advice
addressed to the young courtier, “by no means be you persuaded to
interpose yourself, either by word or letter, in any cause depending in
any court of justice, nor suffer any great man to do it where you can
hinder it. If it should prevail, it perverts justice; but, if the judge
be so just and of such courage as he ought to be, as not to be inclined
thereby, yet it always leaves a taint of suspicion behind it.” Yet he
had not been Lord Keeper a month when Buckingham began to interfere in
Chancery suits; and Buckingham’s interference was, as might have been
expected, successful.
Mr. Montagu’s reflections on the excellent passage which we have quoted
above are exceedingly amusing. “No man,” says he, “more deeply felt
the evils which then existed of the interference of the Crown and
of statesmen to influence judges. How beautifully did he admonish
Buckingham, regardless as he proved of all admonition!” We should be
glad to know how it can be expected that admonition will be regarded by
him who receives it, when it is altogether neglected by him who gives
it. We do not defend Buckingham: but what was his guilt to Bacon’s?
Buckingham was young, ignorant, thoughtless, dizzy with the rapidity of
his ascent and the height of his position. That he should be eager to
serve his relations, his flatterers, his mistresses, that he should
not fully apprehend the immense importance of a pure administration of
justice, that he should think more about those who were bound to him
by private ties than about the public interest, all this was perfectly
natural, and not altogether unpardonable. Those who intrust a petulant,
hot-blooded, ill-informed lad with power, are more to blame, than he for
the mischief which he may do with {404}it. How could it be expected of a
lively page, raised by a wild freak of fortune to the first influence
in the empire, that he should have bestowed any serious thought on the
principles which ought to guide judicial decisions? Bacon was the ablest
public man then living in Europe. He was near sixty years old. He had
thought much, and to good purpose, on the general principles of law. He
had for many years borne a part daily in the administration of justice.
It was impossible that a man with a tithe of his sagacity and experience
should not have known that a judge who suffers friends or patrons to
dictate his decrees violates the plainest rules of duty.
Public-domain text, read in full here on John Shaqi.
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