aside, and a weak, featureless production substituted in its place. Nevertheless the new Parliament seemed at first more responsive than might have been looked for. A double subsidy was granted, which was expressly stated to be "not on any consideration or condition for or concerning the Palatinate." The session, however, was not far advanced when the question of patents was brought up; a determined attack was made upon the very ones of which Bacon had been in dread, and it was even proposed to proceed against the referees (Bacon and Montagu) who had certified that there was no objection to them in point of law. This proposal, though pressed by Coke, was allowed to drop; while the king and Buckingham, acting under the advice of Williams, afterwards lord keeper, agreed to give up the monopolies. It was evident, however, that a determined attack was about to be made upon Bacon, and that the proceeding against the referees was really directed against him. It is probable that this charge was dropped because a more powerful weapon had in the meantime been placed in his enemies' hands. This was the accusation of bribery and corrupt dealings in Chancery suits, an accusation apparently wholly unexpected by Bacon, and the possibility of which he seems never to have contemplated until it was actually brought against him. At the beginning of the session a committee had been appointed for inquiring into abuses in the courts of justice. Some illegal practices of certain Chancery officials had been detected and punished by the court itself, and generally there was a disposition to overhaul its affairs, while Coke and Cranfield directly attacked some parts of the chancellor's administration. But on March 14th one Aubrey appeared at the bar of the House, and charged Bacon with having received from him a sum of money while his suit was going on, and with having afterwards decided against him. Bacon's letter[1] on this occasion is worthy of serious attention; he evidently thought the charge was but part of the deliberate scheme to ruin him which had already been in progress. A second accusation (Egerton's case) followed immediately after, and was investigated by the House, who, satisfied that they had just matter for reprehension, appointed the 19th for a conference with the Lords. On that day Bacon, as he had feared, was too ill to attend. He wrote[2] to the Lords excusing his absence, requesting them to appoint a convenient time for his defence and cross-examination of witnesses, and imploring them not to allow their minds to be prejudiced against him, at the same time declaring that lie would not "trick up an innocency with cavillations, but plainly and ingenuously declare what he knew or remembered." The charges rapidly accumulated, but Bacon still looked upon them as party moves, and was in hopes of defending himself.[3] Nor did he seem to have lost his courage, if we are to believe the common reports of the day,[4] though certainly they do not appear worthy of very much credit.
The notes[5] bearing upon the interview which he obtained with the king, show that he had begun to see more clearly the nature and extent of the offences with which he was charged, that he now felt it impossible altogether to exculpate himself, and that his hopes were directed towards obtaining some mitigation of his sentence. The long roll of charges made upon the 19th April finally decided him; he gave up all idea of defence, and wrote to the king begging him to show him favour in this emergency.[6] The next day he sent in a general confession to the Lords,[7] trusting that this would be considered satisfactory. The Lords, however, decided that it was not sufficient as a ground for their censure, and demanded a detailed and particular confession. A list of twenty-eight charges was then sent him, to which an answer by letter was required. On the 30th April his "confession and humble submission"[8] was handed in. In it, after going over the several instances, he says, "I do again confess, that on the points charged upon me, although they should be taken as myself have declared them, there is a great deal of corruption and neglect; for which I am heartily and penitently sorry, and submit myself to the judgment, grace, and mercy of the court."[9] On the 3d May, after considerable discussion, the Lords decided upon the sentence, which was,[10] That he should undergo fine and ransom of £40,000; that he should be imprisoned in the tower during the king's pleasure; that he should be for ever incapable of any office, place, or employment in the state or commonwealth; that he should never sit in parliament, or come within the verge of the court. This heavy sentence was only partially executed. The fine was in effect remitted by the king; imprisonment in the tower lasted for about four days; a general pardon (not of course covering the parliamentary censure) was made out, and though delayed at the seal for a time by Lord Keeper Williams, was passed probably in November 1621. The cause of the delay seems to have lain with Buckingham, whose friendship had cooled, and who had taken offence at the fallen chancellor's unwillingness to part with York House. This difference was finally smoothed over, and it was probably through his influence that Bacon received the much-desired permission to come within the verge of the court. He never again sat in parliament. So ends this painful episode, which has given rise to the most severe condemnation of Bacon, and which still presents great and perhaps insuperable difficulties. On the whole, the tendency of the most recent and thorough researches has been towards the opinion that Bacon's own account of the matter (from which, indeed, our knowledge of it is chiefly drawn) is substantially correct. He distinguishes three ways in which bribes may be given,[11] and ingenuously
- ↑ Letters and Life, vii. 213: "I know I have clean hands and a clean heart, and I hope a clean house for friends or servants. But Job himself, or whosoever was the justest judge, by such hunting for matters against him as hath been used against me, may for a time seem foul, specially in a time when greatness is the mark and accusation is the game."
- ↑ Ibid., vii. 215-16.
- ↑ Ibid., vii. 225-26. From the letter to the king (March 25, 1621) " When I enter into myself, I find not the materials of such a tempest as is comen upon me. I have been (as your majesty knoweth best) never author of any immoderate counsel, but always desired to have things carried suavibus modis. I have been no avaricious oppressor of the people. I have been no haughty or intolerable or hateful man in my conversation or carriage. I have inherited no hatred from my father, but am a good patriot born. Whence should this be? For these are the things that use to raise dislikes abroad. . . . And for the briberies and gifts wherewith I am charged, when the book of hearts shall be opened, I hope I shall not be found to have the troubled fountain of a corrupt heart in a depraved habit of taking rewards to pervert justice, howsoever I may be frail, and partake of the abuse of the times."
- ↑ Letters and Life, vii. 227, and Gardiner, Prince Charles, &c., i. 450.
- ↑ Ibid., vii. 236, 238.
- ↑ Ibid., vii. 241.
- ↑ Ibid., vii. 242-4: "It resteth therefore that, without fig-leaves, I do ingenuously confess and acknowledge, that having understood the particulars of the charge, not formally from the House, but enough to inform my conscience and memory, I find matter sufficient and full, both to move me to desert the defence, and to move your lordships to condemn and censure me."
- ↑ Ibid., vii. 252-262. 9.
- ↑ Ibid., vii. 261. 10.
- ↑ Ibid., vii. 270.
- ↑ Ibid., 236-36: "The first, of bargain and contract for reward to pervert justice, pendente lite. The second, where the judge conceives the cause to be at an end, by the information of the party or otherwise, and useth not such diligence as he ought to inquire of it. And the third, where the cause is really ended, and it is sine faude without relation to any precedent promise. . . . For the first of them I take myself to be as innocent as any born upon St. Innocent's Day, in my heart. For the second, I doubt on some particulars I may be faulty. And for the last, I conceived it to be no fault, but therein I desire to be better informed, that I may be twice penitent, once for the fact and again for the error."
