After a three years' tenure Bacon was flung from his high position by a
charge of judicial corruption, to the truth of every count in which he
confessed. The question is very complicated, obscure, and much
controverted, not admitting of discussion within the limits here assigned.
On the subject of Bacon's truthfulness, however, a word must be said. The
Chancellor admitted having taken presents from suitors, but {15} denied
having ever let his judgments be influenced thereby; and his word seems to
be generally accepted as a sufficient exoneration. But its value may be
doubted in view of two statements quoted by Dean Church. Of these "one was
made in the House of Commons by Sir George Hastings, a member of the House,
who had been the channel of Awbry's gift [made to the Chancellor _pendente
lite_], 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 £1,200, and
with which he said that all the judges agreed--an assertion which all the
judges denied. Of these charges there is no contradiction." The denial of
Bacon that he ever allowed his judgments to be influenced by bribes, and
his assertion that he was the justest judge since his own father, cannot,
then, count for much. As to the plea that the justice of his sentences was
never challenged, who was to challenge it? The successful suitor would hold
his tongue; and the unsuccessful suitor could hardly be expected to
complete his own ruin by going to law again on the strength of the
Chancellor's condemnation.
Bacon, at any rate, knew quite well that to take presents before judgment
was wrong and criminal, as his answer to Egerton sufficiently shows--an
answer which also fully disposes of the plea that to take such presents was
the common custom of the age. Moreover, had such been the common custom,
Bacon might have taken his trial and pleaded it as a sufficient apology or
extenuation for his own conduct. This would have been a somewhat more
dignified course {16} than the one he actually pursued, which was to plead
guilty to all the charges, throwing himself on the mercy of the Lords. It
has been suggested that he did this at the desire of his powerful patrons,
whose malpractices might have been brought to light by a public
investigation. As his punishment was immediately remitted, some arrangement
with the King and Buckingham seems probable. But for an innocent man to
have saved himself by a false acknowledgment of guilt would, as Macaulay
shows, have been still more infamous than to take bribes.
Public-domain text, read in full here on John Shaqi.
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