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; amongst 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
character, he would have violated his judicial oath. But in the earl's
house in Paternoster Row he was merely a counsellor 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 3_s._ 4_d._ to each of three
sergeants, and gave the Recorder of London 6_s._ 8_d._ as a
retaining-fee. Five years later, Mr. Serjeant Wood received a fee of
10_s._ from the Goldsmiths' Company; and it maybe 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.:--
_s._ _d._
For a breakfast at Westminster spent on our counsel 1 6
To another time for boat-hire in and out, and a
breakfast for two days 1 6
Public-domain text, read in full here on John Shaqi.
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