JUDGE AND LAWYER. 271 



functionaries from clerical functionaries has long been com 

 plete, separation of certain areas of jurisdiction has taken 

 place quite recently. Until some five and thirty years ago 

 ecclesiastical courts still had jurisdiction over some secular 

 matters testamentary and matrimonial; but they were 

 then deprived of this jurisdiction, and retained none save 

 over affairs within the Church itself. 



In conformity with the usual course of things, while the 

 legal profession has been differentiating from the ecclesiasti 

 cal, there have been going on differentiations within the 

 legal profession itself. Originally, beyond the judge and 

 the two suitors, there occasionally existed only the advocate 

 a functionary who, becoming established, presently ren 

 dered his services to defendants as well as to plaintiffs. 

 Gradually these ancillary agencies have become complicated; 

 until now there are various classes and sub-classes of those 

 who conduct legal proceedings. 



The original body of them has separated itself primarily 

 into two great divisions those directly concerned in carry 

 ing on causes in law-courts and those indirectly concerned, 

 who prepare the cases, collect evidence, summon witnesses, 

 &c. Within the first of these classes has arisen a partial dis 

 tinction between those whose business is mainly in courts 

 and those whose business is mainly in chambers ; and there 

 are further segregations determined by the different courts 

 in which the pleadings are carried on. To which add the 

 cross-division of this class into Queen s Counsel or leaders, 

 and ordinary barristers or juniors. Then in the accessory 

 class lawyers commonly so-called we have the distinc 

 tion, once well recognized, between attorneys and solicitors, 

 arising from the separate divisions of jurisprudence with 

 which they were concerned, but which has now lapsed. And 

 we have various miscellaneous subdivisions partially estab 

 lished, as of those mainly concerned with litigious matter 

 and those mainly concerned with non-litigious matter; of 

 those who transact business directly and of those who act 



