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Inns of Court and Chancery. | 121 |
Inns of Court and Chancery.
to be advanced to the Places of Serjeants. Out of which Number of Serjeants
also, the
void Places of Judges are likewise ordinarily filled. Albeit now and then some
be
advanced by the special Favour of the Prince, to the Estate, Dignity and Place
both of
Serjeant and Judge, as it were in one Instant. But from thenceforth they hold
not any
Room in those Inns of Court; being translated to one of the said two Inns,
called
Serjeants Inns; where none but the Serjeants and Judges do converse.
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Serjeants.
Judges.
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It hath not been allowed, that the Study of the Law should be in any other
Places, but
at
these Inns of Court. Once there were some Schools set up in the City, for
Reading
and
Teaching the Laws: But the King thought fit to have them restrained by
Proclamation;
as appears by this Record about the 28th of Henry III. as it seems.
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Schools of Law set up in London, but forbid.
J. S.
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"Mandatum est Maiori, & Vicecomit. London, &c."
"Commandment is given to the Maior and Sheriffs of London, That they cause
Proclamation to be made thro' the whole City, and firmly to be forbid, That no
one
should set up Schools of the Laws in the said City, and teach the Laws there for
the
Time to come. And if any shall set up such Schools there, they cause them to
cease
without Delay. Witness the King at Basing, Decemb. 11."
]
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These Houses are called Inns; being the old English word for Houses of Noblemen,
and which is of the same Signification with the French word Hostel at Paris.
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Why called Inns.
R. B.
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The Inns of CHANCERY were probably so called, because (for the most part) they
consisted of such Clerks as did chiefly study the forming of Writs, which
belonged to
the Cursitors, that are Officers of Chancery: and are now taken up by Attorneys,
Sollicitors, and such as belong to the Courts of Common-Pleas, and King's-Bench:
But
formerly were preparatory Houses for younger Students, as well as for the
forming of
Writs as aforesaid: And many were entred here, before they were admitted to the
Inns
of Court; as some are at this Day.
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Inns of Chancery, why so called.
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The Inns of COURT were so named, as some say, because the Students therein are
to
serve the Courts of Judicature; or else because these Houses anciently received
the
Sons
of Noblemen, and the better Sort of Gentlemen: And this Fortescue affirms.
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Inns of Court, why so called.
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These Societies are no Corporations, nor have any Judicial Power over their
Members;
but have certain Orders amongst themselves, which by Consent have the Force of
Laws. For slight Offences they are only excommoned, that is, put out of
Commons;
which is, not to eat with the rest in their Halls: And for greater, they lose
their
Chambers, and are expelled the House. And being once expelled, they are not to
be
admitted by any of the other Three Societies.
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No Corporations; but have Orders among themselves.
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The Members, when they meet at Chapel, or at their Hall, or go to any of the
Courts
of
Judicature, wear a grave black Robe or Gown, and a Cap; but at other Times, the
Habit
of the Gentry.
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Their Habit.
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These Societies have no Lands or Revenues, except their House; nor have they any
thing to defray the Charges of the House, but what is paid at Admittances, and
Quit
Rents for their Chambers, with the Purchase Money for Chambers, when any fall to
the
House.
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No Revenues belonging.
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The Gentlemen in these Societies may be divided into Four Ranks: 1. Benchers.
2.
Utter Barristers. 3. Inner Barristers: And, 4. Students.
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Four Ranks.
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BENCHERS are the Seniors, to whom the Government of the House, and Ordering
the
Matters thereof, is committed: And out of these a Treasurer is yearly chosen;
who
receiveth, disburseth and accounteth for all Monies belonging to the House.
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Benchers.
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UTTER BARRISTERS are such, as from their Learning and Standing are called by
the
Benchers, to plead and argue in the Society doubtful Cases and Questions; which
are
called Moots: And whilst they argue the said Cases, they set uttermost on the
Forms
of
the Benchers, which they call the Bar. Out of these Mootmen are chosen Readers
for
the Inns of Chancery, which belong to the Inns of Court, of which they are
Members;
where in Term Time, and Grand Vacations, they argue Cases in the Presence of
Attorneys and Clerks.
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Utter Barristers.
Moots.
Readers.
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All the rest of the Society are accounted INNER BARRISTERS; who, for want of
Learning or Time, are not to argue in these Moots: Yet, in a Moot before the
Benchers,
Two of these sitting upon the same Form with the Utter Barristers, do (for their
Exercises) recite by heart the Pleading of the same Moot Case, in Law French;
which
Pleading is the Declaration of the said Moot Case at large; the one taking the
Part of
the
Plaintiff, and the other of the Defendant.
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Inner Barristers.
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For the Times of these Mootings, they divide the Year into Three Parts; viz. 1.
The
Learning Vacation. 2. The Term Times. And, 3. The Dead, or Mean Vacation.
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Times for Mooting.
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They have Two Learning Vacations; viz. Lent Vacation, which begins the first
Monday
in Lent, and continues Three Weeks and Three Days; and Summer Vacation, which
begins the Monday after Lammas Day, and continues also Three Weeks and Three
Days. And in these Vacations are the greatest Conferences, and Exercises of
Study.
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The Manner of these Readings.
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The Benchers appoint the eldest Utter-Barrister to read amongst them openly in
the
Hall; (of which he hath notice Half a Year before.) The first Day, he makes
choice of
some Act, or Statute, whereupon he grounds his whole Reading for that Vacation.
He
reciteth certain Doubts, and Questions which he hath devised upon the said
Statute,
and
declares his Judgment thereon. After which, one of the Utter-Barristers
repeateth one
Question propounded by the Reader, and (by way of Argument) doth labour to prove
the Reader's Opinion to be against Law. And after him, the Senior
Utter-Barrister
and
Reader, one after another, do declare their Opinions and Judgments in the same.
And
then the Reader who did put the Case, endeavours to confute the Objections laid
against
him, and to confirm his own Opinion. After which, the Judges and Serjeants (if
any
be
there) declare their Opinions. Then the youngest Utter-Barrister again
rehearseth
another Case, which is prosecuted as the former was. And this Exercise
continueth
daily three or four Hours.
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Readings.
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The Manner of Reading, both in Lent and Summer Vacations, are performed after
the
same manner. And usually, out of these Readers the Serjeants are chosen.
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