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
barrister in the second rank of the unquestionably successful followers
of the law. Somers was thought a fortunate and rising counsellor when
he enjoyed Lord Chancellor Nottingham’s favour, and made 700_l._ a
year.’ But the credit of the second part of Lord Macaulay’s statement
is certainly shaken by an examination of the fee-book of Sir Francis
Winnington, who was Solicitor-General to Charles II. In 1673 he
received 3,371_l._; in 1674, 3,560_l._; and in 1675--the first year of
his tenure of the Solicitor-General’s office--4,066_l._, of which only
429_l._ were office fees. Lord Keeper North made 7,000_l._ a year as
Attorney-General, and his brother, Roger, gives an amusing description
of his mode of bestowing the fees in three skull-caps--one for the
gold, one for crowns and half-crowns, and one for small money. In those
golden days the barrister did not open his mouth until his fingers had
closed on his client’s money, and credit was unknown in transactions
between counsel and attorney. A good deal of base money used, however,
to be taken on these occasions, and Bishop Burnet gravely praises Sir
Matthew Hale for his justice and goodness in not putting this flash
coin again into circulation. The worthy Judge’s virtue was emphatically
its own reward. He had gathered together a vast heap of this spurious
coin, when some thieves broke into his house, and contentedly carried
it off, believing that they were helping themselves to his hoarded
treasure. The practice of the Bar does not appear to have become more
lucrative in the reign of George II. than it was many years earlier.
During the last year of his tenure of the Solicitor-Generalship,
Charles Yorke earned 7,322_l._ Lord Eldon’s fee-book shows a great
advance. In 1794, he received 11,592_l._; in 1795, 11,149_l._; in 1796,
12,140_l._ Previous to Erskine’s elevation to the Bench, he received on
an average twelve special retainers in the year, from which he gained
at least 3,600_l._ Elsewhere (_Times Review_) we read of Erskine--‘It
is four and a half years since he was called and in that time he has
cleared 8,000_l._ or 9,000_l._, besides paying his debts, obtaining a
silk gown, and a business of at least 3,000_l._ a year.’”[35]
In bringing this chapter to a close, it seems only fitting again to
lay stress on the desirability of entitling a barrister to receive a
client without the obligatory intervention of a third person, namely,
a solicitor. An absurd anomaly, _the legal assumption that every man
knows, or is expected to know, the law_, would perhaps be somewhat
nearer fulfilment, if counsel were less unapproachable than they are
to-day.
Public-domain text, read in full here on John Shaqi.
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