Note 1 — [E-Text Edition of Volume III - Part 1 of 2, Slice 3 of 3 - BANKS to BASSOON] (continued 10)

A king's counsel is appointed by letters patent to be "one of His Majesty's counsel learned in the law." The appointment rests with the lord chancellor, to whom the barrister desiring a silk gown makes application. There is no definite time required to elapse between "call" and application for a seat within the bar, but it is generally understood that a barrister must be of at least ten years' standing before he is appointed a king's counsel. The first king's counsel was Sir Francis Bacon, who was appointed by Queen Elizabeth "queen's counsel extraordinary," and received a payment, by way of "pledge and fee," of £40 a year, payable half-yearly. Succeeding king's counsel received a similar payment, until its abolition in 1831. There was not another appointment of a king's counsel until 1668, when Lord Chancellor Francis North was so honoured. From 1775 king's counsel may be said to have become a regular order. Their number was very small so late as the middle of the 19th century (20 in 1789; 30 in 1810; 28 in 1850), but at the beginning of the 20 century there were over 250. A king's counsel may not, unless by special licence, take a brief against the crown, but such a licence is never refused unless the crown desires his services in the case.