increase of the legal working profession; or in previous times the
proportion of law-students who never became barristers greatly exceeded
those who were ultimately called to the bar.
Something more than a hundred years later, the old cry against the
low-born adventurers, who, to the injury of the public and the
degradation of the law, were said to overwhelm counsellors and
solicitors of superior tone and pedigree, was still frequently heard in
the coteries of disappointed candidates for employment in Westminster
Hall, and on the lips of men whose hopes of achieving social distinction
were likely to be frustrated so long as plebeian learning and energy
were permitted to have free action. In his 'History of Hertfordshire'
(published in 1700), Sir Henry Chauncey, Sergeant-at-Law, exclaims: "But
now these mechanicks, ambitious of rule and government, often educate
their sons in these seminaries of law, whereby they overstock the
profession, and so make it contemptible; whilst the gentry, not sensible
of the mischief they draw upon themselves, but also upon the nation,
prefer them in their business before their own children, whom they
bereave of their employment, formerly designed for their support;
qualifying their servants, by the profit of this profession, to purchase
their estates, and by this means make them their lords and masters,
whilst they lessen the trade of the kingdom, and cause a scarcity of
husbandmen, workmen, artificers, and servants in the nation."
That the Inns of Court became less and less aristocratic throughout the
seventeenth and eighteenth centuries there is no reason to doubt; but it
may be questioned whether it was so overstocked with competent working
members, as poor Sir Henry Chauncey imagined it. Describing the state of
the inns some two generations later, Blackstone computed the number of
law-students at about a thousand, perhaps slightly more; and he observes
that in his time the merely _nominal_ law-students were comparatively
few. "Wherefore," he says, "few gentlemen now resort to the Inns of
Court, but such for whom the knowledge of practice is absolutely
necessary; such, I mean, as are intended for the profession; the rest of
our gentry, (not to say our nobility also) having usually retired to
their estates, or visited foreign kingdoms, or entered upon public life,
without any instruction in the laws of the land, and indeed with hardly
any opportunity of gaining instruction, unless it can be afforded to
them in the universities."
Public-domain text, read in full here on John Shaqi.
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