the Chancellor an increased salary in _lieu_ of the sums which he could
no longer raise by sales of offices--is conclusive testimony that in
the opinion of the crown Lord Macclesfield had a right to sell the
masterships. The terms made by Lord Northington, in 1766, on
resigning the Seals and becoming President of the Council, illustrate
this custom. On quitting the marble chair, he obtained an immediate
pension of L2000 per annum; and an agreement that the annual payment
should be made L4000 per annum, as soon as he retired from the
Presidency: he also obtained a reversionary grant for two lives of the
lucrative office of Clerk of the Hanaper in Chancery.
In Lord Chancellor King's time, amongst the fees and perquisites which
he wished to regulate and reform were the supplies of stationery,
provided by the country for the great law-officers. It may be supposed
that the sum thus expended on paper, pens, and wax was an insignificant
item in the national expenditure; but such was not the case--for the
chief of the courts were accustomed to place their personal friends on
the free-list for articles of stationery. The Archbishop of Dublin, a
dignitary well able to pay for his own writing materials, wrote to Lord
King, April 10, 1733: "MY LORD,--Ever since I had the honor of being
acquainted with Lord Chancellors, I have lived in England and Ireland
upon Chancery paper, pens, and wax. I am not willing to lose an old
advantageous custom. If your Lordship hath any to spare me by my
servant, you will oblige your very humble servant,
"JOHN DUBLIN."
So long as judges or subordinate officers were paid by casual
perquisites and fees, paid directly to them by suitors, a taint of
corruption lingered in the practice of our courts. Long after judges
ceased to sell injustice, they delayed justice from interested motives,
and when questions concerning their perquisites were raised, they would
sometimes strain a point, for the sake of their own private advantage.
Even Lord Ellenborough, whose fame is bright amongst the reputations of
honorable men, could not always exercise self-control when attempts were
made to lessen his customary profits, "I never," writes Lord Campbell,
"saw this feeling at all manifest itself in Lord Ellenborough except
once, when a question arose whether money paid into court was liable to
poundage. I was counsel in the case, and threw him into a furious
passion, by strenuously resisting the demand; the poundage was to go
into his own pocket--being payable to the chief clerk--an office held in
trust for him. If he was in any degree influenced by this consideration,
I make no doubt that he was wholly unconscious of it."
Public-domain text, read in full here on John Shaqi.
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