Amongst the bad consequences of the system of gratuities was the color which it gave to idle rumors and malicious slander against the purity of upright judges.

When Sir Thomas More fell, charges of bribery were preferred against him before the Privy Council. A disappointed suitor, named Parnell, declared that the Chancellor had been bribed with a gift-cup to decide in favor of his (Parnell's) adversary. Mistress Vaughan, the successful suitor's wife, had given Sir Thomas the cup with her own hands. The fallen Chancellor admitting that "he had received the cup as a New Year's Gift," Lord Wiltshire cried, with unseemly exultation, "Lo! did I not tell you, my lords, that you would find this matter true?" It seemed that More had pleaded guilty, for his oath did not permit him to receive a New Year's Gift from an actual suitor. "But, my lords," continued the accused man, with one of his characteristic smiles, "hear the other part of my tale. After having drunk to her of wine, with which my butler had filled the cup, and when she had pledged me, I restored it to her, and would listen to no refusal." It is possible that Mistress Vaughan did not act with corrupt intention, but merely in ignorance of the rule which forbade the Chancellor to accept her present. As much cannot be said in behalf of Mrs. Croker, who, being opposed in a suit to Lord Arundel, sought to win Sir Thomas More's favor by presenting him with a pair of gloves containing forty angels. With a courteous smile he accepted the gloves, but constrained her to take back the gold. The gentleness of this rebuff is charming; but the story does not tell more in favor of Sir Thomas than to the disgrace of the lady and the moral tone of the society in which she lived.

A Book About Lawyers — Part 76

Readers should bear in mind the part which New Year's Gifts and other customary gratuities played in the trumpery charges against Lord Bacon. Adopting an old method of calumny, the conspirators against his fair fame represented that the gifts made to him, in accordance with ancient usage, were bribes. For instance Reynel's ring, presented on New Year's day, was so construed by the accusers; and in his comment upon the charge, Bacon, who had inadvertently accepted the gift during the progress of a suit, observes, "This ring was received certainly _pendente lite_, and though it were at New Year's tide, yet it was too great a value for a New Year's Gift, though, as I take it, nothing near the value mentioned in the articles." So also Trevor's gift was a New Year's present, of which Bacon says, "I confess and declare that I received at New Year's tide an hundred pounds from Sir John Trevor, and because it came as a New Year's Gift, I neglected to inquire whether the cause was ended or depending; but since I find that though the cause was then dismissed to a trial at law, yet the equity is reserved, so as it was in that kind _pendente lite_." Bacon knew that this explanation would be read by men familiar with the history of New Year's Gifts, and all the circumstances of the ancient usage; and it is needless to say that no man of honor thought the less highly of Bacon at that time, because his pure and guiltless acceptance of customary presents was by ingenious and unscrupulous adversaries made to assume an appearance of corrupt compliance.

A Book About Lawyers — Part 76