Home1842 Edition

BARRISTER

Volume 4 · 431 words · 1842 Edition

is a counsellor learned in the law, admitted to plead at the bar, and there to take upon him the protection and defence of clients. Barristers at law are now termed *jurisconsulti*; in other countries they are called *licentia* in jure; but anciently they were styled apprentices of the law, in Latin *apprenticii juris nobilium*. In former times eight years elapsed before they could be called to the bar; but the term was latterly reduced to five. The exercises required of them, if not *ex gratia*, were twelve grand moots performed in the inns of Chancery in the times of the grand readings, and twenty-four petty moots in the term times, before the readers of the respective inns; and a barrister newly called is required to attend the six (or four) next long vacations, the exercise of the house, in Lent and summer, and is thereupon for those three (or two) years styled a *vacation barrister*. Persons thus serving their noviciate are also called *utter barristers*, or pleaders *ouster* the bar, to distinguish them from benchers, or those that have been readers, who are sometimes admitted to plead within the bar, in the same manner as the king's, queen's, or prince's counsel are.

No particular course of professional training is prescribed to candidates for admission as advocates to the Scotch bar. It is now understood, however, if not required, that, besides passing through the ordinary course of academical education, they shall have attended the classes of Scotch Law in the university of Edinburgh; and, in point of fact, such attendance is almost indispensably necessary to enable them to undergo the preliminary examinations. These are two; one, on the civil or Roman law, when the candidate is examined either on Heineccius ad Pandectas or on the Institutions of Justinian; the other, on the Scotch law, the text book for which is Erskine's Principles of the Law of Scotland; and a year must intervene between them. The writing and impugnation of a Latin thesis on a title of the Digest follow the examination on Scotch law; but this has come to be so much a matter of mere form, not to say mockery, and in point of fact so few of the candidates write their own theses (which, indeed, are for the most part very insignificant productions) that it has been proposed to abolish it altogether, and to appropriate the sum usually disbursed on account of this superannuated ceremony to the use of the Advocates' Library. The fees paid on admission are considerable, amounting, in consequence of a recent regulation, to nearly L400.