nder the impression that it was the
lawyer's hoarded treasure. Besides large sums expended on unusual acts
of charity, this good man habitually distributed amongst the poor a
tithe of his professional earnings.
In the seventeenth century, General Retainers were very common, and the
counsel learned in the law, were ready to accept them from persons of
low extraction and questionable repute. Indeed, no upstart deemed
himself properly equipped for a campaign at court, until he had recorded
a fictitious pedigree at the Herald's College, taken a barrister as well
as a doctor into regular employment, and hired a curate to say grace
daily at his table. In the summer of his vile triumph, Titus Oates was
attended, on public occasions, by a robed counsel and a physician.
[8] In his 'Survey of the State of England in 1685,' Macauley--giving
one of those misleading references with which his history abounds--says:
"A thousand a year was thought a large income for a barrister. Two
thousand a year was hardly to be made in the Court of King's Bench,
except by crown lawyers." Whilst making the first statement, he
doubtless remembered the passage in 'Pepys's Diary.' For the second
statement, he refers to 'Layton's Conversation with Chief Justice Hale.'
It is fair to assume that Lord Macauley had never seen Sir Francis
Winnington's fee-book.
[9] In the fourth day of his fever, he being att the Chancery Bar, he
fell so ill of the fever, that he was forced to leave the Court and come
to his chambers in the Temple, with one of his clerks, which constantly
wayted on him and carried his bags of writings for his pleadings, and
there told him that he should return to every clyent his breviat and his
fee, for he could serve them no longer, for he had done with this world,
and thence came home to his house in Salisbury Court, and took his
bed.... And there he sequestered himself to meditation between God and
his own soul, without the least regret, and quietly and patiently
contented himself with the will of God.--_Vide Memoir of Sir John King,
Knt., written by his Father._
[10] The lawyers of the seventeenth century were accustomed to make a
show of their fees to the clients who called upon them. Hudibras's
lawyer (Hud., Part iii. cant. 3) is described as sitting in state with
his books and money before him:
"To this brave man the knight repairs For counsel in his law affairs,
And found him mounted in his pew, With books and money placed
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