Page images
PDF
EPUB

fashion, and to the speedy humiliation of the bridegroom. So incensed was Lord Eldon at his brother's folly, that he refused to appear at the wedding; and certainly the Chancellor's displeasure was not without reason, for the notorious absurdity of the affair brought ridicule on the whole of the Scott family connection. The happy couple met for the first time in the Old Bailey, when Sir William Scott and Lord Ellenborough presided at the trial of the marchioness's son, the young Marquis of Sligo, who had incurred the anger of the law by luring into his yacht, in Mediterranean waters, two of the king's seamen. Throughout the hearing of that cause célèbre, the inarchioness sat in the fetid court of the Old Bailey, in the hope that her presence might rouse among the jury or in the bench feelings favorable to her son. This hope was disappointed. The verdict having been given against the young peer, he was ordered to pay a fine of £5,000, and undergo four months incarceration in Newgate, and -worse than fine and imprisonment-was compelled to listen to a parental address from Sir William Scott on the duties and responsibilities of men of high station. Either under the influence of sincere admiration for the judge, or impelled by desire for vengeance on the man who had presumed to lecture her son in a court of justice, the marchioness wrote a few hasty words of thanks to Sir William Scott for his salutary exhortation to her boy. She even went so far as to say that she wished the erring marquis could always have so wise a counselor at his side. This communication was made upon a slip of paper, which the writer sent to the judge by an usher of the court. Sir William read the note as he sat on the bench, and having looked towards the fair scribe, he received from her a glance and smile that were fruitful of much misery to him. Within four months the courteous Sir William Scott was tied fast to a beautiful, shrill,

voluble termagant, who exercised marvelous ingenuity in rendering him wretched and contemptible. Reared in a stately school of old-world politeness, the unhappy man was a model of decorum and urbanity. He took reasonable pride in the perfection of his tone and manner; and the marchioness-whose malice did not lack clevernesswas never more happy than when she was gravely expostulating with him, in the presence of numerous auditors, on his lamentable want of style, tact, and gentlemanlike bearing. It is said that, like Coke and Holt under similar circumstances, Sir William preferred the quietude of his chambers to the society of an unruly wife, and that in the cellar of his Inn he sought compensation for the indignities and sufferings which he endured at home. Fifty 'years since, the crusted port of the Middle Temple could soothe the heart at night, without paining the head in the morning.

[graphic]

VI

FEES AND BRIBES.

F

CHAPTER XXIX.

ROM time immemorial popular satire has been equally ready to fix the shame of avarice upon Divinity, Physic, and Law; and it can not be denied that in this matter the sarcasms of the multitude are often sus*tained by the indisputable evidence of history. The greed of the clergy for tithes and dues is not more widely proverbial than the doctor's thirst for fees, or the advocate's readiness to support injustice for the sake of gain. Of Guyllyam of Harseley, physician to Charles VI. of France, Froissart says, "All his dayes he was one of the greatest nygardes that ever was;" and the chronicler adds, "With this rodde lightly all physicyons are beaten." In his address to the sergeants who were called soon after his elevation to the Marble Chair, the Lord Keeper Puckering, directing attention to the grasping habits which too frequently disgraced the leaders of the bar, observed: "I am to exhort you also not to embrace multitude of causes, or to undertake more places of hearing causes than you are well able to consider of or perform, lest thereby you either disappoint your clients when their causes be heard, or come unprovided, or depart when their causes be in hearing. For it is all one not to come, as either to come unprovided, or depart before it be ended." Notwithstanding Lingard's able defense of the

Cardinal, scholars are still generally of opinion that Beaufort-the Chancellor who lent money on the king's crown, the bishop who sold the Pope's soldiers for a thousand marks-is a notable instance of the union of legal covetousness and ecclesiastical greed.

The many causes which affect the value of money in different ages create infinite perplexity for the antiquarian who wishes to estimate the prosperity of the bar in past times; but the few disjointed data, that can be gathered from old records, create an impression that in the fourteenth, fifteenth, and sixteenth centuries the ordinary fees of eminent counsel were by no means exorbitant, although fortunate practitioners could make large incomes.

Dugdale's "Baronage" describes with delightful quaintness William de Beauchamp's interview with his lawyers when that noble (on the death of John Hastings, Earl of Pembroke, temp. Richard II., without issue) claimed the earl's estates under an entail, in opposition to Edward Hastings, the earl's heir-male of the half-blood. "Beauchamp," says Dugdale, "invited his learned counsel to his house in Paternoster-row, in the City of London; among whom were Robert Charlton (then a judge), William Pinchbek, William Branchesley, and John Catesby (all learned lawyers); and after dinner coming out of his chapel, in an angry mood, threw to each of them a piece of gold, and said, 'Sirs, I desire you forthwith to tell me whether I have any right or title to Hastings' lordship and lands.' Whereupon Pinchbek stood up (the rest being silent, fearing that he suspected them), and said 'No man here nor in England dare say that you have any right in them, except Hastings do quit his claim therein; and should he do it, being now under age, it would be of no validitie.'" Had Charlton, the Chief Justice of the Common Pleas, taken gold for his opinion on a case put before him in his judicial char

acter, he would have violated his judicial oath. But in the earl's house in Paternoster-row he was merely a counselor learned in the law, not a judge. Manifest

perils attend a system which permits a judge in his private character to give legal opinions concerning causes on which he may be required to give judgment from the bench; but notwithstanding those perils there is no reason for thinking that Charlton on this occasion either broke law or etiquette. The fair inference from the matter is, that in the closing years of the fourteenth century judges were permitted to give opinions for money to their private clients, although they were forbidden to take gold or silver from any person having "plea or process hanging before them."

In the year of our Lord 1500 the corporation of Canterbury paid for advice regarding their civic interests 3s. 4d. to each of three sergeants, and gave the Recorder of London 6s. 8d. as a retaining-fee. Five years later Mr. Sergeant Wood received a fee of 10s. from the Goldsmiths' Company; and it may be fairly assumed, that so important and wealthy a body paid the sergeant on a liberal scale. In the sixteenth century it was, and for several generations had been, customary for clients to provide food and drink for their counsel. Mr. Foss gives his readers the following list of items, taken from a bill of costs, made in the reign of Edward IV. :

For a breakfast at Westminster spent on our counsel
To another time for boat-hire in and out, and a break-
fast for two days

S. d.

[ocr errors]

I 6

I 6

In like manner the accountant of St. Margaret's, Westminster, entered in the parish books, "Also, paid to Roger Fylpott, learned in the law, for his counsel given, 3s. 8d., with 4d. for his dinner."

A yet more remarkable custom was that which enabled clients to hire counsel to plead for them at certain

« PreviousContinue »