The same professional usage seems to have prevailed at the Common Law
bar more than eighty years ago; for in 1780, when Edward Law joined the
Northern Circuit, and forthwith received a large number of briefs, he
was complimented by Wallace on his success, and presented with a bag.
Lord Campbell asserts that no case had ever before occurred where a
junior won the distinction of a bag during the course of his first
circuit. There is no record of the date when members of the junior bar
received permission to carry bags according to their own pleasure; it is
even matter of doubt whether the permission was ever expressly accorded
by the leaders of the profession--or whether the old restrictive usage
died a gradual and unnoticed death. The present writer, however, is
assured that at the Chancery bar, long after _all_ juniors were allowed
to carry bags, etiquette forbade them to adopt bags of the same color as
those carried by their leaders. An eminent Queen's Counsel, who is a
member of that bar, remembers that when he first donned a stuff gown,
he, like all Chancery jurors, had a purple bag--whereas the wearers of
silk at the same period, without exception, carried red bags.
Before a complete and satisfactory account can be given of the use of
bags by lawyers, as badges of honor and marks of distinction, answers
must be found for several questions which at present remain open to
discussion. So late as Queen Anne's reign, lawyers of the lowest
standing, whether advocates or attorneys, were permitted to carry
bags;--a right which the junior bar appears to have lost when Edward Law
joined the Northern Circuit. At what date between Queen Anne's day and
1780 (the year in which Lord Ellenborough made his _debut_ in the
North), was this change effected? Was the change gradual or sudden? To
what cause was it due? Again, is it possible that Lord Campbell and
Causidicus wrote under a misapprehension, when they gave testimony
concerning the usages of the bar with regard to bags, at the close of
the last and the beginning of the present century? The memory of the
distinguished Queen's Counsel, to whom allusion is made in the preceding
paragraph, is quite clear that in his student days Chancery jurors were
forbidden by etiquette to carry _red_ bags, but were permitted to carry
blue bags; and he is strongly of opinion that the restriction, to which
Lord Campbell and Causidicus draw attention, did not apply at any time
to blue bags, but only concerned red bags, which, so late as thirty
years since, unquestionably were the distinguishing marks of men in
leading Chancery practice. Perhaps legal readers of this chapter will
favor the writer with further information on this not highly important,
but still not altogether uninteresting subject.
Public-domain text, read in full here on John Shaqi.
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