Page:The Works of Francis Bacon (1884) Volume 1.djvu/76

 abolished in France by the exertions of l'Hopital, which abolition is thus stated by Mr. Butler, in his life of the chancellor:

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

"A passage in Homer, 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.

"Plutarch mentions, that, under the administration of Pericles, the Athenian magistrates were first authorized to require a remuneration from the suitors of their courts. 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 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 expenses 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 sweet meats, which was then called épices, or spices. By 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 registes 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 epices, 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 a judge for his epices, 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.

"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 causes 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 corvee 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.

Immediately after his appointment as lord keeper, he waited upon the late lord chancellor, to acquit himself of the debt of personal gratitude which he owed to that worthy person, and to acquaint him with his master's gracious intentions