It is a long time since her majesty's counsel ousted the serjeants at law from their ancient position as leaders of the profession, and they have continued to increase and multiply to such an extent that those living today outnumber all the serjeants created between Edward III's reign and 1875. Yet the new rank was never intended to challenge the primacy of the serjeants, let alone to produce a body of leading advocates comparable in size with the order of the coif. Its origins lie in an expedient taken by Queen Elizabeth I in 1594 to retain for the crown the services of Francis Bacon.

On 10 April 1594 there were only two ordinary law officers of the crown, the solitary queen's serjeant (Drew) and the new attorney-general (Coke). The solicitor-generalship became vacant upon Coke's promotion but was left unfilled until Fleming was appointed in November 1595. Bacon had set his sights on the attorneyship prior to Coke's appointment, and then hoped for Coke's former office. It was a characteristically optimistic aspiration. Despite fifteen years of call, he is not known to have appeared in court before the beginning of 1594. He had, however, distinguished himself that year in arguing Chudleigh's Case, and was strongly supported by the earl of Essex. The queen was unwilling to appoint him, chiefly because he had recently opposed the government in Parliament. Yet the offices of attorney-general and solicitor-general were not likely to become vacant again in the near future.