Critical and Historical Essays - Volume 2 by Thomas Babington Macaulay (classic fiction txt) 📖

theft of princes and magistrates. They are bribe-takers. Nowadays they call them gentle rewards. Let them leave their colouring, and call them by their Christian name- bribes." And again. "Cambyses was a great emperor, such another as our master is. He had many lord-deputies, lord-presidents, and lieutenants under him. It is a great while ago since I read the history. It chanced he had under him, in one of his dominions, a briber, a gift-taker, a gratifier of rich men; he followed gifts as fast as he that followed the pudding, a hand-maker in his office to make his son a great man, as the old saying is: Happy is the child whose father goeth to the devil. The cry of the poor widow came to the emperor's ear, and caused him to flay the judge quick, and laid his skin in the chair of judgment, that all judges that should give judgment afterwards should sit in the same skin. Surely it was a goodly sign, a goodly monument, the sign of the judge's skin. I pray God we may once see the skin in England." "I am sure," says he, in another sermon, "this is scala inferni, the right way to hell, to be covetous, to take bribes, and pervert justice. If a judge should ask me the way to hell, I would show him this way. First, let him be a covetous man; let his heart be poisoned with covetousness. Then let him go a little further, and take bribes; and, lastly, pervert judgment. Lo, here is the mother, and the daughter, and the daughter's daughter. Avarice is the mother: she brings forth bribe-taking, and bribe- taking perverting of judgment. There lacks a fourth thing to make up the mess, which, so help me God, if I were judge, should be hangum tuum, a Tyburn tippet to take with him; an it were the judge of the King's Bench, my Lord Chief Judge of England, yea, an it were my Lord Chancellor himself, to Tyburn with him." We will quote but one more passage. "He that took the silver basin and ewer for a bribe, thinketh that it will never come out. But he may now know that I know it, and I know it not alone; there be more beside me that know it. Oh, briber and bribery! He was never a good man that will so take bribes. Nor can I believe that he that is a briber will be a good justice. It will never be merry in England till we have the skins of such. For what needeth bribing where men do their things uprightly?"

This was not the language of a great philosopher who had made new discoveries in moral and political science. It was the plain talk of a plain man, who sprang from the body of the people, who sympathised strongly with their wants and their feelings, and who boldly uttered their opinions. It was on account of the fearless way in which stout-hearted old Hugh exposed the misdeeds of men in ermine tippets and gold collars, that the Londoners cheered him, as he walked down the Strand to preach at Whitehall, struggled for a touch of his gown, and bawled, "Have at them, Father Latimer!" It is plain, from the passages which we have quoted, and from fifty others which we might quote, that, long before Bacon was born, the accepting of presents by a judge was known to be a wicked and shameful act, that the fine words under which it was the fashion to veil such corrupt practices were even then seen through by the common people, that the distinction on which Mr. Montagu insists between compliments and bribes was even then laughed at as a mere colouring. There may be some oratorical exaggeration in what Latimer says about the Tyburn tippet and the sign of the judge's skin; but the fact that he ventured to use such expressions is amply sufficient to prove that the gift- taking judges, the receivers of silver basins and ewers, were regarded as such pests of the commonwealth that a venerable divine might, without any breach of Christian charity, publicly pray to God for their detection and their condign punishment.

Mr. Montagu tells us, most justly, that we ought not to transfer the opinions of our age to a former age. But he has himself committed a greater error than that against which he has cautioned his readers. Without any evidence, nay, in the face of the strongest evidence, he ascribes to the people of a former age a set of opinions which no people ever held. But any hypothesis is in his view more probable than that Bacon should have been a dishonest man. We firmly believe that, if papers were to be discovered which should irresistibly prove that Bacon was concerned in the poisoning of Sir Thomas Overbury, Mr. Montagu would tell us that, at the beginning of the seventeenth century, it was not thought improper in a man to put arsenic into the broth of his friends, and that we ought to blame, not Bacon, but the age in which he lived.

But why should we have recourse to any other evidence, when the proceeding against Lord Bacon is itself the best evidence on the subject? When Mr. Montagu tells us that we ought not to transfer the opinions of our age to Bacon's age, he appears altogether to forget that it was by men of Bacon's own age, that Bacon was prosecuted, tried, convicted, and sentenced. Did not they know what their own opinions were? Did not they know whether they thought the taking of gifts by a judge a crime or not? Mr. Montagu complains bitterly that Bacon was induced to abstain from making a defence. But, if Bacon's defence resembled that which is made for him in the volume before us, it would have been unnecessary to trouble the Houses with it. The Lords and Commons did not want Bacon to tell them the thoughts of their own hearts, to inform them that they did not consider such practices as those in which they had detected him as at all culpable. Mr. Montagu's proposition may indeed be fairly stated thus:-It was very hard that Bacon's contemporaries should think it wrong in him to do what they did not think it wrong in him to do. Hard indeed; and withal somewhat improbable. Will any person say that the Commons who impeached Bacon for taking presents, and the Lords who sentenced him to fine, imprisonment, and degradation for taking presents, did not know that the taking of presents was a crime? Or, will any person say that Bacon did not know what the whole House of Commons and the whole House of Lords knew? Nobody who is not prepared to maintain one of these absurd propositions can deny that Bacon committed what he knew to be a crime.

It cannot be pretended that the Houses were seeking occasion to ruin Bacon, and that they therefore brought him to punishment on charges which they themselves knew to be frivolous. In no quarter was there the faintest indication of a disposition to treat him harshly. Through the whole proceeding there was no symptom of personal animosity or of factious violence in either House. Indeed, we will venture to say that no State-Trial in our History is more creditable to all who took part in it, either as prosecutors or judges. The decency, the gravity, the public spirit, the justice moderated but not unnerved by compassion, which appeared in every part of the transaction, would do honour to the most respectable public men of our own times. The accusers, while they discharged their duty to their constituents by bringing the misdeeds of the Chancellor to light, spoke with admiration of his many eminent qualities. The Lords, while condemning him, complimented him on the ingenuousness of his confession, and spared him the humiliation of a public appearance at their bar. So strong was the contagion of good feeling that even Sir Edward Coke, for the first time in his life, behaved like a gentleman. No criminal ever had more temperate prosecutors than Bacon. No criminal ever had more favourable judges. If he was convicted, it was because it was impossible to acquit him without offering the grossest outrage to justice and common sense.

Mr. Montagu's other argument, namely, that Bacon, though he took gifts, did not take bribes, seems to us as futile as that which we have considered. Indeed, we might be content to leave it to be answered by the plainest man among our readers. Demosthenes noticed it with contempt more than two thousand years ago. Latimer, we have seen, treated this sophistry with similar disdain. "Leave colouring," said he, "and call these things by their Christian name, bribes." Mr. Montagu attempts, somewhat unfairly, we must say, to represent the presents which Bacon received as similar to the perquisites which suitors paid to the members of the Parliaments of France. The French magistrate had a legal right to his fee; and the amount of the fee was regulated by law. Whether this be a good mode of remunerating judges is not the question. But what analogy is there between payments of this sort, and the presents which Bacon received, presents which were not sanctioned by the law, which were not made under the public eye, and of which the amount was regulated only by private bargain between the magistrate and the suitor?

Again, it is mere trifling to say that Bacon could not have meant to act corruptly, because he employed the agency of men of rank, of bishops, privy councillors, and members of Parliament; as if the whole history of that generation was not full of the low actions of high people; as if it was not notorious that men, as exalted in rank as any of the decoys that Bacon employed, had pimped for Somerset, and poisoned Overbury.

But, says Mr. Montagu, these presents "were made openly and with the greatest publicity." This would indeed be a strong argument in favour of Bacon. But we deny the fact. In one, and one only, of the cases in which Bacon was accused of corruptly receiving gifts, does he appear to have received a gift publicly. This was in a matter depending between the Company of Apothecaries and the Company of Grocers. Bacon, in his Confession, insisted strongly on the circumstance that he had on this occasion taken a present publicly, as a proof that he had not taken it corruptly. Is it not clear that, if he had taken the presents mentioned in the other charges in the same public manner, he would have dwelt on this point in his answer to those charges? The fact that he insists so strongly on the publicity of one particular present is of itself sufficient to prove that the other presents were not publicly taken. Why he took this present publicly and the rest secretly, is evident. He on that occasion acted openly, because he was acting honestly. He was not on that occasion sitting judicially. He was called in to effect an amicable arrangement between two parties. Both were satisfied with his decision. Both joined in making him a present in return for his trouble. Whether it was quite delicate in a man of his rank to accept a present under such circumstances, may be questioned. But there is no ground in this case for accusing him of corruption.

Unhappily, the very circumstances which prove him to have been innocent in this case prove him to have been guilty on the other charges. Once, and once only, he alleges that he received a present publicly. The natural inference is that in all the other cases mentioned in the articles against him he received presents secretly. When we examine the single case in which