Who Do You Think You Are?

MY ANCESTOR WAS A... LAWYER

Mark Daly describes the two main tiers of the legal profession in the 1700s and 1800s – one respectabl­e and one less so…

- Mark Daly is a former City solicitor turned profession­al genealogis­t at the Time Sleuths (www.timesleuth­s.com)

Mark Daly describes the two tiers of the legal profession in the 1700s and 1800s

The main profession­s involved in the law in the 18th and 19th centuries were the ‘ lower branch’ of attorneys and solicitors and the ‘upper branch’ of barristers (or ‘advocates’ in Scotland). Attorneys and solicitors had a broad workload while barristers specialise­d in particular areas of law. Both tended to be drawn from the educated classes, but barristers were the legal elite. Figures on the number of practising lawyers are unreliable but, in 1800, there were estimated to be 800 barristers to approximat­ely 5,000 attorneys in England.

The lower branch

In a broad sense, lawyers have existed for as long as there has been a need to guide people through the complexiti­es of the legal system but the specific roles that we now recognise developed in mediaeval times. Attorneys and solicitors (or, to use the Scottish terminolog­y, ‘writers’ and ‘procurator­s’) represente­d clients in specific courts: the former in the Courts of

Common Law from the 13th century and the latter in the Courts of Chancery from the 15th century. Those offering their services as attorneys and solicitors were criticised for their lack of training and for encouragin­g the public to litigate. Writing in the 1600s, barrister William Hudson recounted that “In our age there are… a new sort of people called solicitors, [ignorant] of the law, who, like the grasshoppe­rs in Egypt, devour…men’s estates by contention… prolonging suits to make them without end”. In Henry VI Part 2, Shakespear­e knew he would raise a cheer from his audiences when he wrote: “The first thing we do, let’s kill all the lawyers!”

Matters improved with the Attorneys and Solicitors Act 1728 that required five years’ training with a qualified practition­er and introduced a registrati­on system. The reputation of the profession­s was further enhanced with the establishm­ent of the Law Society in 1825. The profession­s were merged in 1873 to create one, that of ‘Solicitor of the Supreme Court of England and Wales’, by which time the vocation had attained true respectabi­lity.

Back at the start of the 19th century, Jane Austen’s characters who were lawyers in the lower branch were still looked down on by respectabl­e society, viewed as “vulgar relations” and “low connection­s”. In Pride and Prejudice, Elizabeth Bennet’s uncle is a mere country attorney, which does not improve her chances as a good marriage prospect! Mr Shepherd in Persuasion is a scheming lawyer of the lower branch.

Attorneys and solicitors would have met with their local clients to assist them with routine legal matters: wills and probate, conveyanci­ng, trusts of money and land, contracts, bankruptci­es, enforcing debts, the wardship of children, dispute resolution and representi­ng clients in some local courts. For more important civil and criminal trials, they would prepare the ‘ brief ’ for barristers who would represent the client in the higher courts. The attorney or solicitor would have travelled the country on occasion, attending hearings in London and the regional courts, serving writs and gathering evidence. Until the 20th century, both branches were open only to men.

The life and work of your solicitor ancestor may also have been intertwine­d with that of the town in which he lived, helping the town grow and industry expand. As literate and educated men, attorneys and solicitors may have served as municipal officials or trustees or on parish vestries. Their names may appear in the private papers of the local landowners for whom they acted and they may have left wills themselves.

Then as now, income varied greatly between provincial solicitors and their urban counterpar­ts. WJ Reader, in his book Profession­al Men (1966), estimated that £1,000 a year

Elizabeth Bennet’s uncle is a mere country attorney, which does not improve her chances as a good marriage prospect!

represente­d “modest prosperity” for a solicitor in 1850, with annual incomes exceeding £5,000 in rare cases.

The upper branch

While solicitors and attorneys were the public face of the legal profession, barristers led a more insular, metropolit­an life. First appearing in the 13th century, they worked primarily at the Inns of Court, a collection of buildings clustered around the law courts in London. The Inns were like quiet Oxford colleges, in the heart of the city – well-regulated profession­al associatio­ns that were steeped in ceremony.

Solicitors and attorneys could set up partnershi­ps and their practices were often passed on from father to son. Barristers, however, worked independen­tly but they shared offices (known as ‘chambers’). The public had no right to employ them directly and they could only be instructed by solicitors or attorneys. Barristers would be involved if a legal case were to be heard in the upper courts or if a written opinion on a technical point of law were required by a solicitor or attorney. The route to becoming a barrister began in the same insular environmen­t. Education was also at the Inns with its many coffee houses and less reputable temptation­s! In earlier centuries, training at the Inns was viewed as a form of finishing school where men were also instructed in matters such as dancing. “Many young men, who had chambers in the Temple, made a very good appearance in the first circles, and drove about town in very knowing gigs,” observed Edward Ferrars in Sense and Sensibilit­y when considerin­g training at one of the Inns. There was an anti-academic tradition in the English legal

system that meant that the common law was not taught at English universiti­es until the mid-19th century. This contrasts with the tradition north of the border where for centuries well-to-do families had sent their sons to study law at universiti­es in Scotland and on the Continent.

Opportunit­y for progressio­n existed for barristers in a way that it did not for the lower branch. Barristers had to support themselves financiall­y until they had establishe­d their reputation, which dissuaded many but the wealthiest families from suggesting their sons train at the Bar. However, with a reputation establishe­d, the rewards grew ( WJ Reader estimated income for junior barristers in 1850 at £500 to £1,200 a year, with five barristers known to be making £11,000 a year). Eminent barristers could be appointed as King’s (or Queen’s) Counsel and then as judges. Fame also beckoned for some barristers as Victorian newspaper readers devoured the gory or salacious details of notorious criminal and divorce cases.

Whether your ancestors were lowly attorneys or High Court judges, they will have left their mark on the society around them in a way that many other occupation­s would not have. The traces of their work are waiting to be found in the many surviving deeds and documents that they dealt with in their daily lives.

 ??  ?? The Central Criminal Court ( or Old Bailey) in 1840
The Central Criminal Court ( or Old Bailey) in 1840
 ??  ?? Mrs Ferrars talks to her lawyer in Sense and Sensibilit­y
Mrs Ferrars talks to her lawyer in Sense and Sensibilit­y
 ??  ?? th w‘ bo asRe e d unribor ig ta d bo pe do of in ’ ancu bu n al le nd th ly bu ex tod m ga l le at re ce m ca en s au ss ea m ts iv ne cr e ac y.
th w‘ bo asRe e d unribor ig ta d bo pe do of in ’ ancu bu n al le nd th ly bu ex tod m ga l le at re ce m ca en s au ss ea m ts iv ne cr e ac y.

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