BARRISTERS, or BARRASTERS, as sometimes spelt in old hooks. This is the distinctive name by which the advocates or pleaders at the English and Irish bars are known; and thug its derivation is perhaps sufficiently accounted for. They are admitted to their ofilce under the rules and regulations of the INNS OF COURT (q.v.), and they are entitled, to exclusive audience In•all the superior courts of law and equity, and generally in all courts, civil and criminal, presided over by a superior judge. In the whole of the county courts, attorneys are allowed to practice witheut the assistance of counsel; also at petty sessions, though at the quarter sessions where four counsel attend, the justices always give them exclusive audience. In Scotland, the same body are styled ADVOCATES (q.v.), and they have the same exclusive privileges that B. enjoy in England and Ireland. These Scotch advocates, however, are members of the faculty of advocates, or scotch bar, properly so called, and are not to be confounded with the advocates who practice-under that name in the town and county of Aberdeen, and who, as explained iu a former article, are merely country attorneys. See ATTORNEYS AND SOLICITORS.
Barristers were first styled apprentices, who answered to the bachelors of the universi ties, as the state and degree of a sergeant did to that of a doctor. These apprentices or barristers seem to have been first appointed by an ordinance of king Edward I. in parlia ment, in the twentieth year of his reign (Stephen's Commentaries, vol. 1. p. 17, and authori ties there referred to). Of barristers, there are various ranks and degrees, and among. each other they take precedence accordingly; the general name, " counsel," being, in the practice of the court, common to them all. But they may be divided into three leading bodies. lst, barristers simply or utter barristers, who occupy the position of junior counsel, wearing a plain stuff-gown and a short wig; 2d, sergeants-at-laie, a legal order of very ancient state and degree, and who are distinguished by the coif and other pecu liarities (see SERGEANT-AT-LAW); and 3d queen's counsel, or her majesty's counsel learned in the law, as they are more formally called, and who may be selected either from the outer or junior bar, or from the sergeants. They niay be described as the ordinary leaders of the bar, and are distinguished by a silk gown, and on state-occasions, and always in the house of lords, they wear a full-bottomed wig. Por further details, see
QUEEN'S COUNSEL. Besides these three orders or gradations of rank at the English bar. the crown sometimes grants letters patent of precedence to such barristers as her majesty may think proper to honor with that mark of distinction, whereby they are entitled to such rank and pre-audience as are assigned to them in their respective patents. See PItECEDENCE.
Thus constituted, the English bar perform their functions, enjoying many profess sional privileges and immunities, and a high social position. As we have before stated, they have exclusive audience in all the superior courts, whereupon terms and condi tious. and according to an etiquette, which are all well understood by attorneys or solici tors, they take upon themselves the protection and defense of any suitor, whether plain dif or defendant. With the brief (q.v.) or other instructions, by means of which their professional services are retained, B. receive a fee, or such. fee is indorsed on the brief or instructions, and afterwards paid. Such, generally, is the. existing practice. at. the English bar, differing in this respect from the practice of the bar in Scotland—and, WQ believe, to a great extent in Ireland also-where pre.payment of the fee is the rigid etiquette. The amount of this fee in England depends, of course, on the nature of that business to be done, the time to be occupied, and the labor to be bestowed; and it is usually, especially in the case of leading counsel, a liberal sum. The barrister's fee. however, is not a matter of express contract or stipulation, recoverable at law liko an attorney's bill of costs, but is regarded as a Mere honorary reward —guiddant honorarium. as it is called in law-books. There is, therefore, no means of enforcing its payment, and indeed. in this respect, the banister has nothing to rely upon but the honor and good faith of those who employ him. Where, however, it can be proved that the client or party gave money to the solicitor or attorney, with which to fee the counsel. the latter may maintain an action against the former for the amount in some special cases.