The liberality which for the last five and-twenty years has marked the
distribution of 'silk' to rising members of the bar, and the ease with
which all fairly successful advocates may obtain the rank of Queen's
Counsel, enable lawyers of the present generation to smile at a rule
which defined a man's professional position by the color of his bag,
instead of the texture of his gown; but in times when 'silk' was given
to comparatively few members of the bar, and when that distinction was
most unfairly withheld from the brightest ornaments of their profession,
if their political opinions displeased the 'party in power,' it was
natural and reasonable in the bar to institute for themselves an 'order
of merit'--to which deserving candidates could obtain admission without
reference to the prejudices of a Chancellor or the whims of a clique.
At present the sovereign's counsel learned in the law constitute a
distinct order of the profession; but until the reign of William IV.
they were merely a handful of court favorites. In most cases they were
sound lawyers in full employment; but the immediate cause of their
elevation was almost always some political consideration--and sometimes
the lucky wearer of a silk gown had won the right to put K.C. or Q.C.
after his name by base compliance with ministerial power. That our
earlier King's Counsel were not created from the purest motives or for
the most honorable purposes will be readily admitted by the reader who
reflects that 'silk gowns' are a legal species, for which the nation is
indebted to the Stuarts. For all practical purposes Francis Bacon was a
Q.C. during the reign of Queen Elizabeth. He enjoyed peculiar and
distinctive _status_ as a barrister, being consulted on legal matters by
the Queen, although he held no place that in familiar parlance would
entitle him to rank with her Crown Lawyers; and his biographers have
agreed to call him Elizabeth's counsellor learned in the law. But a Q.C.
holding his office by patent--that is to say, a Q.C. as that term is
understood at the present time--Francis Bacon never was. On the
accession, however, of James I., he received his formal appointment of
K.C., the new monarch having seen fit to recognise the lawyer's claim to
be regarded as a 'special counsel,' or 'learned counsel extraordinary.'
Another barrister of the same period who obtained the same distinction
was Sir Henry Montague, who, in a patent granted in 1608 to the two
Temples, is styled "one of our counsel learned in the law." Thus
planted, the institution of monarch's special counsel was for many
generations a tree of slow growth. Until George III.'s reign the number
of monarch's counsel, living and practising at the same time, was never
large; and throughout the long period of that king's rule the fraternity
of K.C. never assumed them agnitude and character of a professional
order. It is uncertain what was the greatest number of contemporaneous
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