Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
“In the sixteenth century, and for some generations previous, it
was customary for clients to provide food and drink for their counsel.
Here is an extract from a bill of costs made in the reign of Edward
IV.--‘For a breakfast at Westminster spent on our counsel, 1_s._ 6_d._;
for boat hire in and out and a breakfast for two days, 1_s._ 6_d._’
Another item, from the parish books of St. Margaret’s, Westminster,
runs thus--Also paid to Roger Fylpott, learned in the law, for his
counsel given 3_s._ 8_d._, with 4_d._ for his dinner.... When Sir
Thomas Moore lived in Bucklersbury, he ‘gained, without grief, not so
little as 400_l._ by the year. Considering the relative profits of the
Bar, and the value of money,’ says Lord Campbell, ‘this income probably
indicated as high a station as 10,000_l._ a year at the present day.’
In the reign of James I., the nominal salaries paid to the judges and
Crown lawyers were extremely low; their real incomes were derived from
certain fees which had to be paid into Court before any suitor could
obtain a hearing. ‘Francis Bacon,’ says Mr. Hepworth Dixon, ‘valued
his place as Attorney-General at 6,000_l._ a year, of which the King
paid him only 81_l._ 6_s._ 8_d._.’ Mr. Dixon goes on to mention several
similar instances, adding, ‘Yet each of these great lawyers had given
up a lucrative practice at the Bar. After their promotion to the Bench
they lived in good houses, kept princely state, gave dinners and
masques, made presents to the King, accumulated goods and lands.’ Sir
Edward Coke had made a still larger income as Attorney-General, the
fees from his private and official practice amounting to 7,000_l._ in a
single year.... We confess ourselves unable to reconcile such figures
as these with Lord Campbell’s statement about Sir Thomas Moore. Either
within a hundred years the value of money had enormously declined,
or Coke was making an income far exceeding anything attainable at
the present day. In his survey of the state of England in 1685, Lord
Macaulay says:--‘A thousand a year was thought a large income for a
barrister; 2,000_l._ a year was hardly to be made in the Court of
King’s Bench, except by Crown lawyers.’ Mr. Jeaffreson (in his _Book
about Lawyers_) impugns the accuracy of this statement, holding that
the former part of it is based on a passage in _Pepys’s Diary_. As long
ago as 1668, the Admiralty was a favourite target for Parliamentary
orators to shoot at, and Mr. Pepys, after priming himself with good
liquor, made such a spirited speech in behalf of his department that
his friends complimented him hugely, assuring him that if he would but
put on a gown and plead at the Chancery Bar, he could not get less than
1,000_l._ a year. We see nothing to complain of in this portion of Lord
Macaulay’s statement, especially as Mr. Jeaffreson himself adds in a
note, ‘Among advocates in Charles II’s reign, a professional income of
a thousand a year signified a practice and popularity that placed a
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account