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