t after the lapse of another hundred years it
will not survive save amongst the usages of ancient corporations. Notice
has already been taken of Murray's conduct when he returned nine hundred
and ninety-five out of a thousand guineas to the Duchess of
Marlborough, informing her that the professional fee with the general
retainer was neither more nor less than five guineas. The annual salary
of a Queen's Counsel in past times was in fact a fee with a general
retainer; but this periodic payment is no longer made to wearers of
silk.

In his learned work on 'The Judges of England,' Mr. Foss observes: "The
custom of retaining counsel in fee lingered in form, at least in one
ducal establishment. By a formal deed-poll between the proud Duke of
Somerset and Sir Thomas Parker, dated July 19, 1707, the duke retains
him as his 'standing counsell in ffee,' and gives and allows him 'the
yearly ffee of four markes, to be paid by my solicitor' at Michaelmas,
'to continue during my will and pleasure.'" Doubtless Mr. Foss is aware
that this custom still 'lingers in form;' but the tone of his words
justifies the opinion that he underrates the frequency with which
general retainers are still given. The 'standing counsel' of civic and
commercial companies are counsel with general retainers, and usually
their general retainers have fees attached to them.

The payments of English barristers have varied much more than the
remunerations of English physicians. Whereas medical practitioners in
every age have received a certain definite sum for each consultation,
and have been forbidden by etiquette to charge more or less than the
fixed rate, lawyers have been allowed much freedom in estimating the
worth of their labor. This difference between the usages of the two
professions is mainly due to the fact, that the amount of time and
mental effort demanded by patients at each visit or consultation is very
nearly the same in all cases, whereas the requirements of clients are
much more various. To get up the facts of a law-case may be the work of
minutes, or hours, or days, or even weeks; to observe the symptoms of a
patient, and to write a prescription, can be always accomplished within
the limits of a short morning call. In all times, however, the legal
profession has adopted certain scales of payment--that fixed the
_minimum_ of remuneration, but left the advocate free to get more, as
circumstances might encourage him to raise his demands. Of the