discharge his official functions, the
English judge extended his hand for the contributions of the
well-disposed. No one thought of blaming judges for their readiness to
take customary benevolences. To take gifts was a usage of the
profession, and had its parallel in the customs of every calling and
rank of life. The clergy took dues in like manner: from the earliest
days of feudal life the territorial lords had supplied their wants in
the same way; amongst merchants and yeomen, petty traders and servants,
the system existed in full force. These presents were made without any
secrecy. The aldermen of borough towns openly voted presents to the
judges; and the judges received their offerings--not as benefactions,
but as legitimate perquisites. In 1620--just a year before Lord Bacon's
fall--the municipal council of Lyme Regis left it to the "mayor's
discretion" to decide "what gratuity he will give to the Lord Chief
Baron and his men" at the next assizes. The system, it is needless to
say, had disastrous results. Empowering the chief judge of every court
to receive presents not only from the public, but from subordinate
judges, inferior officers, and the bar; and moreover empowering each
place-holder to take gratuities from persons officially or by profession
concerned in the business of the courts, it produced a complicated
machinery for extortion. By presents the chief justices bought their
places from the crown or a royal favorite; by presents the puisne
justices, registrars, counsel bought place or favor from the chief; by
presents the attorneys, sub-registrars, and outside public sought to
gain their ends with the humbler place-holders. The meanest ushers of
Westminster Hall took coins from ragged scriveners. Hence every place
was actually bought and sold, the sum being in most cases very high.
Sir James Ley offered the Duke of Buckingham L10,000 for the Attorney's
place. At the same period the Solicitor General's office was sold for
L4000. Under Charles I. matters grew still worse than they had been
under his father. When Sir Charles Caesar consulted Laud about the worth
of the vacant Mastership of the Rolls, the archbishop frankly said,
"that as things then stood, the place was not likely to go without more
money than he thought any wise man would give for it." Disregarding this
intimation, Sir Charles paid the king L15,000 for the place, and added a
loan of L2000. Sir Thomas Richardson, at the opening of the reign, g