A Book About Lawyers

by John Cordy Jeaffreson

In the year of our Lord 1500 the corporation of Canterbury paid for advice regarding their civic interests 3s. 4d. to each of three sergeants, and gave the Recorder of London 6s. 8d. as a retaining-fee. Five years later, Mr. Serjeant Wood received a fee of 10s. 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

In like manner the accountant of St. Margaret's, Westminster, entered in the parish books, "Also, paid to Roger Fylpott, learned in the law, for his counsel given, 3s. 8d., with 4d. for his dinner."

A yet more remarkable custom was that which enabled clients to hire counsel to plead for them at certain places, for a given time, in whatever causes their eloquence might be required. There still exists the record of an agreement by which, in the reign of Henry VII., Sergeant Yaxley bound himself to attend the assizes at York, Nottingham and Derby, and speak in court at each of those places, whenever his client, Sir Robert Plumpton—"that perpetual and always unfortunate litigant," as he is called by Sergeant Manning—required him to do so. This interesting document runs thus—"This bill, indented at London the 18th day of July, the 16th yeare of the reigne of King Henry the 7th, witnesseth that John Yaxley, Sergeant-at-Law, shall be at the next assizes to be holden at York, Nottin., and Derb., if they be holden and kept, and there to be of council with Sir Robert Plumpton, knight, such assizes and actions as the said Sir Robert shall require the said John Yaxley, for the which premises, as well as for his costs and his labours, John Pulan, gentleman, bindeth him by thease presents to content and pay to the said John Yaxley 40 marks sterling at the feast of the Nativetie of our Lady next coming, or within eight days next following, with 5 li paid aforehand, parcell of paiment of the said 40 marks. Provided alway that if the said John Yaxley have knowledg and warning only to cum to Nottin. and Derby, then the said John Yaxley is agread by these presents to take only xv li besides the 5 li aforesaid. Provided alwaies that if the said John Yaxley have knowledg and warning to take no labour in this matter, then he to reteine and hold the said 5 li resaived for his good will and labour. In witness hereof, the said John Yaxley, serjeant, to the part of this indenture remaining with the said John Pulan have put his seale the day and yeare above-written. Provided also that the said Robert Plumpton shall beare the charges of the said John Yaxley, as well at York as at Nottingham and Derby, and also to content and pay the said money to the said John Yaxley comed to the said assizes att Nott., Derb., and York. John Yaxley."

This remarkable agreement—made after Richard III. had vainly endeavored to compose by arbitration the differences between Sir Robert and Sir Robert's heir-general—certifies that Sir Robert Plumpton engaged to provide the sergeant with suitable entertainment at the assize towns, and also throws light upon the origin of retaining-fees. It appears from the agreement that in olden time a retaining fee was merely part (surrendered in advance) of a certain sum stipulated to be paid for certain services. In principle it was identical with the payment of the shilling, still given in rural districts, to domestic servants on an agreement for service, and with the transfer of the queen's shilling given to every soldier on enlistment. There is no need to mention the classic origin of this ancient mode of giving force to a contract.

From the 'Household and Privy Purse Expenses of the Le Stranges of Hunstanton,' published in the Archæologia, may be gleamed some interesting particulars relating to the payment of counsel in the reign of Henry VIII. In 1520, Mr. Cristofer Jenney received from the Le Stranges a half-yearly fee of ten shillings; and this general retainer was continued on the same terms till 1527, when the fee was raised from £1 per annum to a yearly payment of £2 13s. 4d. To Mr. Knightley was paid the sum of 8s. 11d. "for his fee, and that money yt he layde oute for suying of Simon Holden;" and the same lawyer also received at another time 14s. 3d. "for his fee and cost of sute for iii termes." A fee of 6s. 8d. was paid to "Mr. Spelman, s'jeant, for his counsell in makyng my answer in ye Duchy Cham.;" and the same serjeant received a fee of 3s. 4d. "for his counsell in putting in of the answer." Fees of 3s. 4d. were in like manner given "for counsell" to Mr. Knightley and Mr. Whyte; and in 1534, Mr. Yelverton was remunerated "for his counsell" with the unusually liberal honorarium of twenty shillings. From the household book of the Earl of Northumberland, it appears that order was made, in this same reign, for "every oone of my lordes counsaill to have c's. fees, if he have it in household and not by patent." After the earl's establishment was reduced to forty-two persons, it still retained "one of my lordes counsaill for annswering and riddying of causes, whenne sutors cometh to my lord." At a time when every lord was required to administer justice to his tenants and the inferior people of his territory, a counsellor learned in the law, was an important and most necessary officer in a grand seigneur's retinue.

Whilst Sir Thomas More lived in Bucklersbury, he "gained, without grief, not so little as £400 by the year." This income doubtless accrued from the emoluments of his judicial appointment in the City, as well as from his practice at Westminster and elsewhere. In Henry VIII.'s time it was a very considerable income, such as was equalled by few leaders of the bar not holding high office under the Crown.

In Elizabeth's reign, and during the time of her successor, barristers' fees show a tendency toward increase; and the lawyers who were employed as advocates for the Crown, or held judicial appointments, acquired princely incomes, and in some cases amassed large fortunes. Fees of 20s. were more generally paid to counsel under the virgin queen, than in the days of her father; but still half that fee was not thought too small a sum for an opinion given by Her Majesty's Solicitor General. Indeed, the ten-shilling fee was a very usual fee in Elizabeth's reign; and it long continued an ordinary payment for one opinion on a case, or for one speech in a cause of no great importance and of few difficulties. 'A barrister is like Balaam's ass, only speaking when he sees the angel,' was a familiar saying in the seventeenth century. In Chancery, however, by an ordinance of the Lords Commissioners passed in 1654, to regulate the conduct of suits and the payments to masters, counsel, and solicitors, it was arranged that on the hearing of a cause, utter-barristers should receive £1 fees, whilst the Lord Protector's counsel and sergeants-at-law should receive £2 fees, i.e., 'double fees.'

The archives of Lyme Regis show that under Elizabeth the usage was maintained of supplying counsel with delicacies of the table, and also of providing them with means of locomotion. Here are some items in an old record of disbursements made by the corporation of Lyme Regis:—"A.D. Paid for Wine carried with us to Mr. Poulett—£0 3s. 6d.; Wine and sugar given to Mr. Poulett, £0 3s. 4d.; Horse-hire, and for the Sergeant to ride to Mr. Walrond, of Bovey, and for a loaf of sugar, and for conserves given there to Mr. Poppel, £1 1s. 0d.; Wine and sugar given to Judge Anderson, £0 3s. 4d. A bottle and sugar given to Mr. Gibbs (a lawyer)."

Under Elizabeth, the allowance made to Queen's Sergeants was £26 6s. 8d. for fee, reward, and robes; and £20. for his services whenever a Queen's Sergeant travelled circuit as Justice of Assize. The fee for her Solicitor General was £50. When Francis Bacon was created King's Counsel to James I., an annual salary of forty pounds was assigned to him from the royal purse; and down to William IV.'s time, King's Counsel received a stipend of £40 a year, and an allowance for stationery. Under the last mentioned monarch, however, the stipend and allowance were both withdrawn; and at present the status of a Q.C. is purely an affair of professional precedence, to which no fixed emolument is attached.