A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
To young Englishmen possessing neither fortune nor influence, the
profession of the law has long been an open road to advancement in a
country notable for orderly and constitutional methods, where the
ultimate appeal is always to reason. Perhaps the worship of money,
which characterizes modern England, has somewhat lessened the
prestige of success at the Bar there, as it has done in America,
where a millionaire, upon urging his son to enter the profession,
was met by the young hopeful's reply: "Pooh, father, _we_ can hire
lawyers." Nevertheless, the law still draws its recruits from the
flower of the youth of both countries and, in England, it appeals to
two types of men: to those who would become barristers, and to
those whose ambition soars no higher than the solicitor's calling;
moreover the classes from which the candidates are generally drawn,
differ as do their training and the future functions.
Traditionally, indeed, the sons of gentlemen and the younger sons of
peers were restricted, when seeking an occupation, to the Army, the
Navy, the Church and the Bar. They never became solicitors, for that
branch, like the profession of medicine, was somewhat arbitrarily
excluded from possible callings, but this tradition, as is the case
with many others, has been gradually losing its force of late years.
It must always have been a little hazy in its application, owing to
the difficulty of ascertaining accurately the status of the parent,
if not a peer; and Sir Thomas Smith who, more than three centuries
ago, after describing the various higher titles, attempted a
definition of the word "gentleman," could formulate nothing more
definite than the following: "As for gentlemen they be made good
cheap in this kingdom; for whosoever studieth the laws of the realm,
who studieth in the universities, who professeth the liberal
sciences, and, to be short, who can live idly and without manual
labor, and will bear the port, charge and countenance of a
gentleman, he shall be called master and shall be taken for a
gentleman." The ancient books, too, afford a glimpse of a struggle
on the part of the Bar to demand a certain aristocratic deference,
for an old case is reported where the court refused to hear an
affidavit because a barrister named in it was not called an
"Esquire."
That the struggle was not in vain, is evidenced by the reply of an
old-time Lord Chancellor, who, when asked how he made his selection
from the ranks of the barristers when obliged to name a new judge,
answered: "I always appoint a gentleman and if he knows a little
law, so much the better."
Naturally, the solicitor (who was formerly styled an attorney,
except when practicing in an equity court) was sensitive about his
own position, for the passage of a now-forgotten Act of Parliament
was once procured, decreeing that attorneys should thereafter be
denominated as "gentlemen."
Public-domain text, read in full here on John Shaqi.
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