ire
counsel to plead for them at certain places, for a given time, in
whatever causes their eloquence might be required. There still exists
the record of an agreement by which, in the reign of Henry VII.,
Sergeant Yaxley bound himself to attend the assizes at York, Nottingham
and Derby, and speak in court at each of those places, whenever his
client, Sir Robert Plumpton--"that perpetual and always unfortunate
litigant," as he is called by Sergeant Manning--required him to do so.
This interesting document runs thus--"This bill, indented at London the
18th day of July, the 16th yeare of the reigne of King Henry the 7th,
witnesseth that John Yaxley, Sergeant-at-Law, shall be at the next
assizes to be holden at York, Nottin., and Derb., if they be holden and
kept, and there to be of council with Sir Robert Plumpton, knight, such
assizes and actions as the said Sir Robert shall require the said John
Yaxley, for the which premises, as well as for his costs and his
labours, John Pulan, gentleman, bindeth him by thease presents to
content and pay to the said John Yaxley 40 marks sterling at the feast
of the Nativetie of our Lady next coming, or within eight days next
following, with 5 li paid aforehand, parcell of paiment of the said 40
marks. Provided alway that if the said John Yaxley have knowledg and
warning only to cum to Nottin. and Derby, then the said John Yaxley is
agread by these presents to take only xv li besides the 5 li aforesaid.
Provided alwaies that if the said John Yaxley have knowledg and warning
to take no labour in this matter, then he to reteine and hold the said 5
li resaived for his good will and labour. In witness hereof, the said
John Yaxley, serjeant, to the part of this indenture remaining with the
said John Pulan have put his seale the day and yeare above-written.
Provided also that the said Robert Plumpton shall beare the charges of
the said John Yaxley, as well at York as at Nottingham and Derby, and
also to content and pay the said money to the said John Yaxley comed to
the said assizes att Nott., Derb., and York. JOHN YAXLEY."

This remarkable agreement--made after Richard III. had vainly endeavored
to compose by arbitration the differences between Sir Robert and Sir
Robert's heir-general--certifies that Sir Robert Plumpton engaged to
provide the sergeant with suitable entertainment at the assize towns,
and also throws light upon the origin of retaining-fees. It appears from
the agreement that i