Augustine Nicholls, one of the judges in the time of James the First, as an instance of his virtue, that "he had exemplary integrity, even to the rejection of gratuities after judgment given, and a charge to his followers that they came to their places clear handed, and that they should not meddle with any motions to him, that he might be secured from all appearance of corruption." (a)

This custom, which, more or less, seems to have prevailed at all times in nations approaching civilization, was about the year 1560 partially abolished in France by the exertions of l'Hôpital, which abolition is thus stated by Mr. Butler, in his life of the Chancellor :

"Another reformation in the administration of justice, which l'Hôpital wished to effect, was the abolition of the épices, or presents made, on some occasions, by the parties in a cause, to the judges by whom it was tried.

"A passage in Homer, (b) where he describes a compartment in the shield of Achilles, in which two talents of gold were placed between two judges, as the reward of the best speaker, is generally cited to prove, that even in the earliest times, the judges were paid for their administration of justice. (c)

"Plutarch mentions, that under the administration of Pericles, the Athenian magistrates were first authorized to require a remuneration from the suitors of their courts.

best wine in his cellar; and turning round to the servant who had presented them, "Tell your master," replied the inflexible magistrate, "that if he approves my wine, I beg he would not spare it."

(a) Lloyd.

(b) See the passage in note Z Z at the end.

(c) Mr. Butler adds: "But an attentive reader will probably agree with Mr. Mitford in his construction of the passage, that the two talents were not the reward of the judge who should give the best opinion, but the subject of the dispute, and were to be adjudged to him who established his title to them by the best arguments."

In ancient Rome, the magistrates were wholly paid by the public; but Justinian allowed some magistrates of an inferior description to receive presents, which he limited to a certain amount, from the suitors before them.

Montesquieu (b) observes, that in the early ages of the feudal law, when legal proceedings were short and simple, the lord defrayed the whole expense of the administration of justice in his court. In proportion as society became refined, a more complex administration of justice became necessary; and it was considered that not only the party who was cast, should, on account of his having instituted a bad cause, but that the successful party should, on account of the benefit which he had derived from the proceedings of the court, contribute, in some degree, to the expenses attending them; and that the public, on account of the general benefit which it derived from the administration of justice, should make up the deficiency.'

"To secure to the judges the proportion which the suitors were to contribute towards the expense of justice, it was provided, by an ordonnance of St. Louis, that at the commencement of a suit, each party should deposit in court the amount of one tenth part of the property in dispute: that the tenth deposited by the unsuccessful party should be paid over to the judges on their passing sentence; and that the tenth of the successful party should then be returned to him. This was varied by subsequent ordonnances. Insensibly it became a custom for the successful party to wait on the judges, after sentence was passed, and, as an acknowledgment of their attention to the cause, to present them with a box of sweetmeats, which was then called épices, or spices. By

(b) Esprit des Loix, L. xxviii. ch. 35.

degrees, this custom became a legal perquisite of the judges; and it was converted into a present of money, and required by the judges before the cause came to hearing: Non deliberetur donec solventur species, say some of the ancient registers of the parliaments of France. That practice was afterwards abolished; the amount of the épices was regulated; and, in many cases, the taking of them was absolutely forbidden. Speaking generally, they were not payable till final judgment; and if the matter were not heard in court, but referred to a judge for him to hear, and report to the court upon it, he was entitled to a proportion only of the épices, and the other judges were entitled to no part of them. Those among the magistrates who were most punctual and diligent in their attendance. in court, and the discharge of their duty, had most causes referred to them, and were therefore richest in épices; but the superior amount of them, however it might prove their superior exertions, added little to their fortune, as it did not often exceed £50. and never £100. a year. The judges had some other perquisites, and also some remuneration from government; but the whole of the perquisites and remuneration of any judge, except those of the presidents, amounted to little more than the épices. The presidents of the parliament had a higher remuneration; but the price which they paid for their offices was proportionably higher, and the whole amount received by any judge for his épices, perquisites, and other remunerations, fell short of the interest of the money which he paid for the charge; so that it is generally true, that the French judges administered justice not only without salary, but even with some pecuniary loss. Their real remuneration was the rank and consideration which their office gave them in society, and the respect and regard of their fellow citizens. How well does this illustrate Montesquieu's aphorism,

that the principle of the French monarchy was honour! It may be truly said, that the world has not produced a more learned, enlightened, or honourable order in society, than the French magistracy.

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Englishmen are much scandalized, when they are informed that the French judges were personally solicited by the suitors in court, their families and protectors, and by any other person whom the suitors thought likely to influence the decision of the cause in their favour. But it all amounted to nothing:-to all these solicitations the judges listened with equal external reverence and internal indifference; and they availed themselves of the first moment when it could be done with decency, to bow the parties respectfully out of the room: it was a corvée on their time which they most bitterly lamented."

Bacon had scarcely been an hour appointed Lord Keeper when these presents of gold and of furniture, and of other costly articles, were showered upon him by various persons, and amongst others, by the suitors of the court. (a)

Immediately after his appointment as Lord Keeper, he waited upon the late Lord Chancellor, to acquit himself of the debt of personal gratitude (b) which he owed to that

(a) This appears from the answers to the charges which, at the time when "greatness was the mark, and accusation the game," were made against Bacon.

The second article of the charge was: “In the same cause he received from Edward Egerton 4001." To which he answers: "I confess and declare, that soon after my first coming to the seal, being a time when I was presented by many, the 400/. mentioned in the said charge was delivered unto me in a purse, and, as I now call to mind, from Mr. Edward Egerton, but as far as I can recollect, it was expressed by them that brought it to be for favours past, and not in respect of favours to come."

(6) Baconiana, p. 248.—In 14 Jac. he was constituted Lord Keeper of the Great Seal (7 Martii), being then fifty-four years of age. It is said in a libel (in which are many other notorious slanders), "that the Duke of

worthy person, and to acquaint him with his master's gracious intentions, to confer upon him the title of an earl, with a pension for life; an honour which, as he died on the

Buckingham, to vex the very soul of the Lord Chancellor Egerton, in his last agony, did send Sir Francis Bacon to him for the seals; and likewise that the dying Chancellor did hate that Bacon should be his successor, and that his spirit not brooking this usage, he sent the seals by his servant to the King, and shortly after yielded his soul to his Maker." In which few words there are two palpable untruths. For first, the King himself scnt for the seal, not the Duke of Buckingham; and he sent for it, not by Sir Francis Bacon, but by Secretary Winwood, with this message, that himself would be his under-keeper, and not dispose of the place of Chancellor while he lived; nor did any receive the seal out of the King's sight till the Lord Egerton died, which soon fell out. Next, the Lord Chancellor Egerton was willing that Master Attorney Bacon should be his successor, and ready to forward his succession; so far was he from conceiving hatred against him, either upon that or any other account. The Lord Egerton was his friend in the Queen's time; and I find Mr. Bacon making his acknowledgments in a letter to him, in these words, which I once transcribed from the unpublished original: "For my placing, your lordship best knoweth, that when I was most dejected with her majesty's strange dealing towards me, it pleased you of your singular favour so far to comfort and encourage me, as to hold me worthy to be excited to think of succeeding your lordship in your second place; signifying, in your plainness, that no man should better content yourself. Which your exceeding favour you have not since carried from; both in pleading the like signification into the hands of some of my best friends, and also in an honourable and answerable commendation of me to her majesty. Wherein I hope your lordship (if it please you call to mind) did find me neither overweening, in presuming too much upon it, nor much deceived in my opinion of the event for the continuing of it still in yourself, nor sleepy in doing some good offices to the same purpose." This favour of the Lord Egerton's, which began so early, continued to the last. And thus much Sir Francis Bacon testified in a letter to Sir George Villiers, of which this is a part: "My Lord Chancellor told me yesterday, in plain terms, that if the King would ask his opinion touching the person that he would commend to succeed him, upon death or disability, he would name me for the fittest man. You may advise whether use may not be made of this offer." And the like appears by what Master Attorney wrote to King James during the sickness of my Lord Chancellor. Amongst other things, he wrote this to the King: "It pleased my Lord Chancellor, out of his ancient and great love to me,