From 1688 down to the present time, the chronicler of changes in the
legal profession, has to notice a succession of alterations in the
system and scale of judicial payments--all of the innovations having a
tendency to raise the dignity of the bench. Under William and Mary, an
allowance (still continued), was made to holders of the seal on their
appointment, for the cost of outfit and equipages. The amount of this
special aid was L2000, but fees reduced it to L1843 13_s._ Mr. Foss
observes--"The earliest existing record of this allowance, is dated June
4, 1700, when Sir Nathan Wright was made Lord Keeper, which states it to
be the same sum as had been allowed to his predecessor."
At the same period, the salary of a puisne judge was but L1000 a year--a
sum that would have been altogether insufficient for his expenses. A
considerable part of a puisne's remuneration consisted of fees,
perquisites, and presents. Amongst the customary presents to judges at
this time, may be mentioned the _white gloves_, which men convicted of
manslaughter, presented to the judges when they pleaded the king's
pardon; the _sugar loaves_, which the Warden of the Fleet annually sent
to the judges of the Common Pleas; and the almanacs yearly distributed
amongst the occupants of the bench by the Stationers' Company. From one
of these almanacs, in which Judge Rokeby kept his accounts, it appears
that in the year 1694, the casual profits of his place amounted to L694,
4_s._ 6_d._ Here is the list of his official incomes, (net) for ten
years:--in 1689, L1378, 10_s._; in 1690, L1475, 10_s._ 10_d._; in 1691,
L2063, 18_s._ 4_d._; in 1692, L1570, 1_s._ 4_d._; in 1693, L1569, 13_s._
1_d._; in 1694, L1629, 4_s._ 6_d._; in 1695, L1443, 7_s._ 6_d._; in
1696, L1478, 2_s._ 6_d._; in 1697, L1498, 11_s._ 11_d._; in 1698, L1631,
10_s._ 11_d._ The fluctuation of the amounts in this list, is worthy of
observation; as it points to one bad consequence of the system of paying
judges by fees, gratuities, and uncertain perquisites. A needy judge,
whose income in lucky years was over two thousand pounds, must have been
sadly pinched in years when he did not receive fifteen hundred.
Under the heading, "The charges of my coming into my judge's place, and
the taxes upon it the first yeare and halfe," Judge Rokeby gives the
following particulars:
"1689, May 11. To Mr. Milton, Deputy Clerk of the Crown, as per note,
for the patent and swearing privately, L21, 6_s._ 4_d._ May 30. To Mr.
English, charges of the patent at the Secretary of State's Office, as
per note, said to be a new fee, L6, 10_s._ Inrolling the patent in
Exchequer and Treasury, L2, 3_s._ 4_d._ Ju. 27. Wine given as a judge,
as per vintner's note, L23, 19_s._ Ju. 24. Cakes, given as a judge, as
per vintner's note, L5, 14_s._ 6_d._ Second-hand judge's robes, with
some new lining, L31. Charges for my part of the patent for our salarys,
to Aaron Smith, L7, 15_s._, and the dormant warrant L3.--L10,
15_s._--L101, 8_s._ 2_d._
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