The same, or nearly the same, may be said of the torturing of Peacham. If it be true that in the time of James the First the propriety of torturing prisoners was generally allowed, we should admit this as an excuse, though we should admit it less readily in the case of such a man as Bacon than in the case of an ordinary lawyer or politician. But the fact is, that the practice of torturing prisoners was then generally acknowledged by lawyers to be illegal, and was execrated by the public as barbarous. More than thirty years before Peacham's trial, that practice was so loudly condemned by the voice of the nation that Lord Burleigh found it necessary to publish an apology for having occasionally resorted to it. But, though the dangers which then threatened the Government were of a very different kind from those which were to be apprehended from anything that Peacham could write, though the life of the Queen and the dearest interests of the State were in jeopardy, though the circumstances were such that all ordinary laws might seem to be superseded by that highest law, the public safety, the apology did not satisfy the country; and the Queen found it expedient to issue an order positively forbidding the torturing of State-prisoners on any pretence whatever. From that time, the practice of torturing, which had always been unpopular, which had always been illegal, had also been unusual. It is well known that in 1628, only fourteen years after the time when Bacon went to the Tower to listen to the yells of Peacham, the judges decided that Felton, a criminal who neither deserved nor was likely to obtain any extraordinary indulgence, could not lawfully be put to the question. We therefore say that Bacon stands in a very different situation from that in which Mr. Montagu tries to place him. Bacon was here distinctly behind his age. He was one of the last of the tools of power who persisted in a practice the most barbarous and the most absurd that has ever disgraced jurisprudence, in a practice of which, in the preceding generation, Elizabeth and her Ministers had been ashamed, in a practice which, a few years later, no sycophant in all the Inns of Court had the heart or the forehead to defend. [Since this Review was written, Mr. Jardine has published a very learned and ingenious Reading on the use of torture in England. It has not, however, been thought necessary to make any change in the observations on Peacham's case.
It is impossible to discuss within the limits of a note, the extensive question raised by Mr. Jardine. It is sufficient here to say that every argument by which he attempts to show that the use of the rack was anciently a lawful exertion of royal prerogative may be urged with equal force, nay, with far greater force, to prove the lawfulness of benevolences, of ship-money, of Mompesson's patent, of Eliot's imprisonment, of every abuse, without exception, which is condemned by the Petition of Right and the Declaration of Right.]
Bacon far behind his age! Bacon far behind Sir Edward Coke! Bacon clinging to exploded abuses! Bacon withstanding the progress of improvement! Bacon struggling to push back the human mind! The words seem strange. They sound like a contradiction in terms. Yet the fact is even so: and the explanation may be readily found by any person who is not blinded by prejudice. Mr. Montagu cannot believe that so extraordinary a man as Bacon could be guilty of a bad action; as if history were not made up of the bad actions of extraordinary men, as if all the most noted destroyers and deceivers of our species, all the founders of arbitrary governments and false religions, had not been extraordinary men, as if nine-tenths of the calamities which have befallen the human race had any other origin than the union of high intelligence with low desires.
Bacon knew this well. He has told us that there are persons "scientia tanquam angeli alati, cupiditatibus vero tanquam serpentes qui humi reptant"; [De Augmentis, Lib. v. Cap. I.] and it did not require his admirable sagacity and his extensive converse with mankind to make the discovery. Indeed, he had only to look within. The difference between the soaring angel and the creeping snake was but a type of the difference between Bacon the philosopher and Bacon the Attorney-General, Bacon seeking for truth, and Bacon seeking for the Seals. Those who survey only one-half of his character may speak of him with unmixed admiration or with unmixed contempt. But those only judge of him correctly who take in at one view Bacon in speculation and Bacon in action. They will have no difficulty in comprehending how one and the same man should have been far above his age and far behind it, in one line the boldest and most useful of innovators, in another one the most obstinate champion of the foulest abuses.
In his library, all his rare powers were under the guidance of an honest ambition, of all enlarged philanthropy, of a sincere love of truth. There, no temptation drew him away from the right course. Thomas Aquinas could pay no fees. Duns Scotus could confer no peerages. The Master of the Sentences had no rich reversions in his gift. Far different was the situation of the great philosopher when he came forth from his study and his laboratory to mingle with the crowd which filled the galleries of Whitehall. In all that crowd there was no man equally qualified to render great and lasting services to mankind. But in all that crowd there was not a heart more set on things which no man ought to suffer to be necessary to his happiness, on things which can often be obtained only by the sacrifice of integrity and honour.