THE BARRISTER'S BAG.--At present the younger barristers have blue
bags, the elder having red ones. Down to the reign of George IV no
barrister carried a bag in Court unless it had been given to him by
a King's Counsel, which arose in this way. Down to that period the
King's Counsel had no salaries, but each was allowed _every year_ a
ream of foolscap paper, a ream of draft paper, six pieces of red tape,
six bags, a penknife, a paper of sand, and a paper of pins. These bags
being more than they wanted for their own use, some of them were given
by them from time to time to their younger friends, who were getting
into business, to entitle them, as the phrase was, "to carry a bag,"
the clerk, who was the bearer of the present, having a fee of a guinea
for it. But at last the King's Counsel complaining that the paper was
bad, the amount paid by the Government for the allowances was given
to them instead, and so matters continued until Mr. (afterwards Lord)
Denman was appointed King's Counsel, when fearing that this commuted
allowance might be the means of vacating his seat in Parliament, he was
appointed King's Counsel "without any fee, gain, or reward whatsoever,"
and so have been all the King's and Queen's Counsel ever since.
OPENING THE PLEADINGS.--At present the junior counsel for the
plaintiff, in a _Nisi Prius_ cause, shortly states the effect of the
pleadings. This is called "opening the pleadings." This practice was
introduced at the suggestion of Lord Mansfield, early in the reign of
George III. The _Nisi Prius_ business in London was then monopolised
by Sir Fletcher Norton, Mr. Dunning, and a few other leaders, and to
throw something into the hands of the juniors Lord Mansfield suggested
the practice that in every case where a King's Counsel was alone for
the plaintiff a junior should have a guinea fee to state or open the
pleadings. This was acceded to; but as the clients thought this of no
use to them, they had a second brief delivered to a junior with two
guineas, and the junior then assisted the leader throughout the cause,
as the practice is now; but even at present, if a plaintiff has only
engaged Queen's Counsel or Serjeants, the youngest counsel present is
paid a guinea to open the pleadings only, and do nothing more in the
cause; and this is called a "kite."
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