The works of Francis Bacon, lord chancellor of England.

LIFE OF BACON. lXxxvii
trusted to his own powerful mind, and met the of Greece; in all feudal states; in France,
accusation instantly and with vigour, he might at where the suitors always presented the judge
once, strong as the tide was against all authority, with some offering, in conformity with their eshave stemmed the torrent, and satisfied the intel- tablished maxim,, Non deliberelur, donec solventiLr
ligent, that the fault was not in the chancellor, species;" and in England, from time immemorial.
but the chancery. It existed before the time of' King John, and durMight he not have reminded the house that, ing his reign; and notwithstanding the rights
although he knew the temporary power of custom secured at Runnymede, it has ever continued.
against opinion, he, in resistance of the establish- It existed in the reign of Henry the Fifth; and
ed practice, had exerted himself to prevent any although, during the reign of Henry the Eighth,
interference, even by Buckingham or the king, in Sir Thomas More declined to receive presents,
the administration of justice, by which the im- his very power of declining proves that it was cuspartiality of the judges might be, or might appear tomary to offer them, and, in conformity with this
to be disturbed. practice, the usual presents were made to Lord
C:ould he not have said that both petitions Bacon within a few hours after lie had accepted
contained internal and unanswerable proof that the great seal, the only pecuniary compensation,
it was not the corruption of the judge, but the' except a very trifling salary, to which the lord
fault of the times, in which the practice ori- keeper was entitled for labours never intended to
ginated t Could he not have said that the be gratuitous.
presents were made openly, in the presence of What could have been said in answer to this
witnesses. statement, that the presents were made openly,
V:.T How could these offerings have influenced his that the decision was against the party by whoml
judgment in favour of the donor, when, in both they were made, and that they were made by the
cases, he decided against the party by whom the advice of counsel, and delivered by men of emipresents were made? In the case of Aubrey, he, to nence, and sanctioned by immemorial practice in
repeat the strong expressions which had been used, this and in all countries?
made c" a killing decree against him:" and, with Might he not have called upon the justice of
respect to Egerton, the decision was in favour of the House for protection from the aspersions of
his opponent, Rowland, who did not make any two discontented suitors, who had no more cause
present until some weeks after the judgment was of complaint against him than Wraynham, by
ponounced. whom he was slandered, or Lord Clifford, by
13ut, not contenting himself by thus showing whom he was threatened to be assassinatedi
that the offerings were neither presented nor Might he not have called upon the house for proreceived as bribes, could he not have said the tection against these calumnies at a time when the
petitions both state that the presents wex -. excited people wished for some sacrifice, as a
mended by counsel, and delivered by men of title tribute to public opinions, an atonement for public
and me]mbers of parliament? Did they then act wrongs, and a security for better times.?
in compliance with long established practice, or The people are often censured for their selecwere they all bribed? Were the practitioners in tion of a victim, but, where they contend for a
this noble profession polluted by being accessory principle, they lose sight of the individual. It is
to the worst species of bribery 1 Why, when the this dangerous indifference that enables bad men
charge was made, did the recorder instantly say, to direct, for private ends, a popular tumult. The,,If Egerton desired to congratulate him at his Jewish people demanded merely their annual pricoming to the seal for his kindness and pains in vilege; it was the priests who said, "Save Barformer business, what wrong hath he done, if he rabas."
hath received a present? And if there were a suit On the 17th of March the chancellor presided,
depending, who keeps a register in his heart of all for the last time, in the House of Lords. The
causes nay, who can, amongst such a mul- charges which he had at first treated with indiftitude t" ference, were daily increasing, and could no
Could he not have said that the custom of the longer be disregarded. From the pinnacle on
chancellor's receiving presents had existed from which he stood, he could see the storm gatherthe earliest periods? that a member had reminded ing round him: old complaints were revived, and
the house of its existence, and said, "I think the new accusations industriously collected; and,
chancellor took gratuities, and the lord chancellor though he had considered himself much beloved in
before, and others before him? I have, amongst both houses of parliament, he felt that he had
the muniments of my own estate, an entry of a secret enemies, and began to fear that he had false
payment to a former chancellor of a sum for the friends. He resolved, therefore, to meet his
pains he had taken in hearing our cause." accusers; but his health, always delicate, gave
This custom of judges receiving presents was way, and instead of being able to attend in
not peculiar to England, but existed in the most person, he was obliged by writing to address the
enlightened governments; in the different states House of Peers.