COUNSEL, in a general sense, signifies advice or instruction how to act in any difficult matter.

Counsel, or Advocates, in English courts of law, are of two kinds.or degrees, namely, barristers and serjeants.

From both some are usually selected to be his majesty’s counsel, learned in the law; the two principal of whom are called his attorney-general and solicitor-general. The first king’s counsel, under the degree of serjeant, was Sir Francis Bacon, who was made so honoris causa, without either patent or fee; and the first of the modern order, who are now the sworn servants of the crown, with a fixed salary, seems to have been Sir Francis North, afterwards lord keeper of the great seal to Charles II. These king’s counsel answer in some measure to the advocates of the revenue, advocati fisci, among the Romans; for they must not be employed in any case against the crown without special license, in which restriction they agree with the advocates of the fisc. But in the imperial law the prohibition was carried still farther; for, excepting some peculiar causes, the fiscal advocates were not permitted to be at all concerned in private suits between subject and subject. A custom has latterly prevailed, of granting letters patent of precedence to such barristers as the crown thinks proper to honour with this mark of distinction, by which they are entitled to such rank and pre-audience as are assigned in their respective patents, sometimes next after the king’s attorney-general, but usually next after bis majesty’s counsel. These, as well as the queen’s attorney and solicitor-general, rank promiscuously with the king’s counsel, and, together with them, sit within the bars of their respective courts; but they receive no salaries, and are not sworn, and therefore are at liberty to be retained in causes against the crown. And all other serjeants and barristers indiscriminately, except in the court of common pleas, where only scr-jeants are admitted, may take upon them the protection and defence of any suitors, whether plaintiffs or defendants, who are therefore called their clients, like the de pendents of the ancient Roman pleaders. The latter indeed practised gratis, for honour merely, or at most for the sake of gaining influence; and so likewise it is established with us, that a counsel can maintain no action for his fees, which are given, not as locatio conductio, but quiddam honorarium, not as a salary or hire, but as a mere gratuity, which a counsellor cannot demand without doing wrong to his reputation. The same is also laid down with regard to advocates in the civil law, whose honorarium was directed by a decree of the senate not to exceed in any case ten thousand sesterces, or about L.80 sterling money. And in order to encourage due freedom of speech in the lawful defence of their clients, and at the same time to check the unseemly licentiousness of prostituted and illiberal men, a few of whom may sometimes insinuate themselves even into the most honourable professions, it has been held that a counsel is not answerable for any matter spoken by him, relative to the cause in hand, and suggested in the client’s instructions, although it should reflect upon the reputation of another, and even prove ab solutely groundless; but if he mention an untruth of his own invention, or even upon instructions, if it be impertinent to the cause in hand, he is then liable to an action at the suit.of the party injured.