THE NORTH CAROLINA COLONIAL BAR* Like all other studies dealing with North Carolina Colonial History, and dealing with the earlier part of the Colonial Period especially, the study of the North Carolina Colonial Bar is attended with many difficulties. The official records are so few in number and so indefinite in detail that it is little short of impossible to form any clear idea as to the condition and quality of the legal profession of the period. More than likely it is for this reason that even in the better histories of our State, written at a late date, we find no connected account of the Colonial Bar. Or perhaps Wheeler is right when he says: "The Colonial history of the judiciary under the proprietary and regal governors of North Carolina did not allow the legal profession that weight in the community that its importance merited. With despotic governors and among a restless population, rules of action declaring rights and prohibiting wrongs were but little regarded."1 However the case may be and whether or not lawyers were regarded as of great importance by the early North Carolinians, it is a fact that we have few records to show how they were regarded as a class. Again, the few records which we do have are almost exclusively adverse to the lawyers. They form a chain of protests against the bar and of legislation passed with the intent to control and suppress its members. The first record which I have been able to find in connection with the subject, for instance, is directed against the members of the Bar. Locke's Fundamental Constitutions for North Carolina (1669), article 70, says: "It shall be a base and vile thing to plead for money or reward; nor shall anyone (except he be a near kinsman no farther off than cousin german to the party concerned) be permitted to plead another man's cause till, before * This paper was awarded the first prize, given by the North Carolina Society of Colonial Dames of America for research in North Carolina Colonial history by undergraduate students of the University. 'History Sketches of North Carolina, page 99. the judge in open court, he hath taken an oath that he does not plead for money or reward, nor hath, nor will receive, nor directly or indirectly, bargained with the party whose cause he is going to plead, for money, or any other reward for pleading his cause." Thus, at the beginning of the establishment of the colony the profession which now is regarded as one of the most noble was condemned. However, as Ashe suggests, the purpose of this provision was possibly to build up a clientage for the great lords and add to their importance. From that time on, however, we get accounts of difficulty after difficulty between the lawyers and the courts, or between the lawyers and the people. This was probably due to the method by which lawyers were licensed. From the earliest time on to very near the time of the Revolution they were granted license by the governor with no restriction whatever, except the custom which grew up of the Chief Justice, after a perfunctory examination, recommending candidates to the governor. Naturally enough, many men were thus permitted to practice who had no scruples whatever-men who manipulated the courts so that they could squeeze as many fees as possible out of their clients. Therefore, from the records we are forced to believe that lawyers as a class bore an unsavory reputation in the early days. On the other hand we know that many of them were great and patriotic men. In the disputes and quarrels leading to the Revolution, in the Revolution itself, and finally in the organizing of the State, many of the leaders were sincere and patriotic members of the bar. Of the early years of the North Carolina Colonial Bar, as said, we know little. The first notice of lawyers being in the colony that I find in the Colonial Records is as follows: "At a Court Holden at The House of Diana F. Fosters-The First Munday In February Anno. Do. 1693-94. "A Judgment confessed by Major Lillington and Mrs. Susanna Hartley as Attorneys to Capt. George Clark for £35, s.19 with cost alias Execution; Ordered that Major Alexander Lillington and Mrs. Susanna Hartley in their capacities aforesaid |