Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/40

28 ubjedt. A cutom has of late years prevailed of granting letters patent of precedence to uch barriters, as the crown thinks proper to honour with that mark of distinction: whereby they are intitled to uch rank and pre-audience as are aigned in their repective patents; ometimes next after the king's attorney general, but uually next after his majefty's counel then being. Thee (as well as the queen's attorney and olicitor general ) rank promicuouly with the king's counel, and together with them it within the bar of the repective courts: but receive no alaries, and are not worn; and therefore are at liberty to be retained in caues againt the crown. And all other erjeants and barriters indicriminately (except in the court of common pleas where only erjeants are admitted) may take upon them the protection and defence of any uitors, whether plaintiff or defendant; who are therefore called their clients, like the dependants upon the antient Roman orators. Thoe indeed practied gratis, for honour merely, or at mot for the ake of gaining influence: and o likewie it is etablihed with us, that a counel can maintain no action for his fees; which are given, not as locatis vel conductio, but as quiddam honorarium; not as a alary or hire, but as a mere gratuity, which a counellor cannot demand without doing wrong to his reputation : as is alo laid down with regard to advocates in the civil law whoe honorarium was directed by a decree of the enate not to exceed in any cae ten Rh