Читать книгу The Inns of Court - Cecil Headlam - Страница 4

Table of Contents

The features of every ancient City are marked with the wrinkles and the scars of Time. The narrow lanes, the winding streets, the huddled houses, the blind alleys form, as it were, the furrows upon her aged countenance. They contribute enormously to the charm and beauty of her riper years, for they point to a life rich in experience and varied reminiscences. But, like other wrinkles, they have their drawbacks. As the bottle-neck of Bond Street, which blocks the traffic half the season, is the direct topographical result of the river which once flowed thereabouts, so the boundary of the property of the Knights Templars, marked by the Inner and Middle Temple Gateways, imposes the southern limit of Fleet Street, opposite to Street’s Gothic pile of Law Courts and to Chancery Lane. Hence the narrowness of that famous street, and the consequent congestion of traffic on the main route to the City. Then come the Beauty Doctors, who smooth out the old wrinkles, and broaden the ancient, narrow lines, which Time has cut so deeply on the face of the Town. The old landmarks are removed, and Wren’s gateways and buildings must disappear in order that broad, straight paths be driven right to the sanctuary of Business.

And yet the old influences and the effects of historic movements and historic events persist, and will persist. It may seem far-fetched to say that everyone whose business or pleasure takes him to Fleet Street is directly subject to the influence of the Crusades. Yet it is so. But for those strange wars of mingled religious enthusiasm and commercial aggression, there would have been no Templars, and had there been no Templars, the whole nomenclature and topographical arrangement of this part of London would have been different; for the Societies of Lawyers, who succeeded to their property, succeeded, of course, to the boundaries of the messuages, as to the Round Church of the Knights Templars.

Of the Temple, and the Templars, and their successors, we shall deal more at length in their proper places. It will be convenient first to consider what these Societies of Lawyers were and are, how they arose, and why they settled in the particular vicinity wherein they have chosen to set their ‘dusty purlieus.’

William the Conqueror had established the Law Courts in his Palace. The great officers of State and the Barons were the Judges of this King’s Court—Aula Regis—which developed into three distinct divisions: King’s Bench and Common Pleas, under a Chief Justice, and Exchequer, where a Chief Baron presided to try all causes relating to the royal revenue. It was the business of a Norman King to ride about the country settling the affairs of the realm, which was his estate, and administering justice. The great Court of Justice, therefore, naturally accompanied the King in all his progresses, and suitors were obliged to follow and to find him, travelling for that purpose from all parts of the country to London, to Exeter, or to York.

It was a system that was found ‘cumbersome, painful, and chargeable to the people,’ as Stow[1] puts it, and one of the provisions of Magna Charta accordingly enacted that the Court of Common Pleas should no longer follow the King, but be held in some determined place. The place determined was Westminster. The Court was held, though not at first, in the famous Hall, which William Rufus had erected and Richard II. rebuilt.

It was to be expected that the fixing of the Courts would be followed by the settlement of ‘Students in the Law and the Ministers of each Court,’[2] as Dugdale has it, somewhere near at hand. Advocates had been drawn at first from the ranks of the clergy. This was natural enough, seeing that they formed the only educated class of the day. Nullus clericus nisi causidicus, the historian complains. It was equally natural that in the course of time objection should be taken to the spectacle of the professors of Christianity wrangling at the Bar, and monopolizing the power born of legal knowledge. Dugdale notes the first instance of an attempt to check their presence in the Courts as occurring at the beginning of the reign of Henry III. The clergy were at length excluded from practising in the Civil Courts, and a privileged class of lay Lawyers came into existence. Edward I. specially appointed the Justices of the Court of Common Pleas to ‘ordain from every County certain Attorneys and Lawyers of the best and most apt for their learning and skill, who might do service to his Court and People, and who alone should follow his Court and transact affairs therein.’

And at this date, or shortly after it, we may assume that ‘students in the University of the Laws’[3] began to congregate in Hostels, or Inns, of Court, in order to study as ‘apprentices’ in the Guild of Law. For, as at Oxford or Cambridge, an Inn, or Hostel of residence, was the natural necessary requirement of such students when they began to come in numbers to sit at the feet of their teachers, the Masters of Law. The earliest mention of an Inn for housing apprentices of the Law occurs in 1344, in a demise from the Lady Clifford of the house near Fleet Street, called Clifford’s Inn, to the apprenticiis de banco, the lawyers belonging to the Court of Common Pleas. And Thavie’s Inn was similarly leased from one John Thavie, ‘a worthy citizen and armourer,’ of London, who died in 1348. In such hostels, leased to the senior members, voluntary associations, or guilds of teachers and learners of law would congregate, and gradually evolve their own regulations and customs.

Other references occur to the ‘apprentices in hostels’ during this same reign (Edward III.). And from about this date the four Inns of Court—Gray’s Inn, Lincoln’s Inn, and the Inner and Middle Temple—‘which are almost coincident in antiquity, similar in constitution, and identical in purpose,’[4] begin to emerge from the mists of the past.

It is noticeable that all the Inns of Court and Chancery cluster about the borders of the City Ward called Faringdon Without, and were once placed, as old Sir John Fortescue observed, ‘in the suburbs, out of the noise and turmoil of the City.’

The Lawyers were thus conveniently placed between the seat of judicature at Westminster and the centre of business in the City of London, and secured the advantage of ‘ready access to the one and plenty of provisions in the other.’ In the wall which bounds the Temple Gardens upon the modern Embankment of the Thames is set a stone which marks the western boundary of the Liberty of the City and the spot where Queen Victoria received the City Sword (1900); the old Bar of the City, which took its name from the Temple, and

MIDDLE TEMPLE LANE

The overhanging buildings just inside Sir Christopher Wren’s Gateway in Fleet Street (see p. 67).

Holborn Bar, marked the limit farther north. It is to be remembered that this famous Temple Bar did not mark the boundary of the City proper, but only of the later extension known as the Liberty of the City, and the Temple buildings within the Bar were yet without the narrower boundary of the City.

Temple Bar consisted originally of a post, rails, and chain. Next, a house of timber was erected across the street, with a narrow gateway and entry on the south side under the house.[5] This was superseded about 1670 by the stone gate-house, designed by Christopher Wren, which was the scene of so many historic pageants when Lord Mayors have received their Sovereigns, and presented to them the keys of the City. It was here, notably, that the Lord Mayor delivered the City sword to good Queen Bess when she rode to St. Paul’s to return thanks for the victory over the Spanish Armada. Hereon, as upon London Bridge, the heads of famous criminals or rebels were stuck to warn the passers-by; and in the pillory here stood Titus Oates and Daniel de Foe—the latter for publishing his scandalous and seditious pamphlet, ‘The Shortest Way with the Dissenters.’ The citizens, however, pelted De Foe, not with rotten eggs, but with flowers. This noble gate-house was removed when the Strand was widened and the new Law Courts erected. It was rebuilt at Meux Park, Waltham Cross, and its original site is marked by a column surmounted by a griffin, representing the City arms (1880).

It would appear that the Lawyers in choosing sites just outside the City boundaries for the Inns of their University were further influenced by the ordinance of Henry III. (1234), which enjoined the Mayor and Sheriffs to see to it that ‘no man should set up Schools of Law within the City.’ The object of this prohibition is a matter of dispute; Stubbs, for instance, maintaining that it applied to Canon Law, and others[6] that only Civil Law was intended, the object being to confine the clergy to the Theology and Canon Law, which seemed more properly their province.

By the middle of the fourteenth century, then, we find the students of what we may call a London University of National Law established in their Inns or Hostels, which clustered about the boundaries of the City, from Holborn to Chancery Lane, from Fleet Street to the River. The Schools of Law, of which this University was composed, were distinctively English, and the University itself developed upon the peculiarly English lines of a College system, closely similar to that of Oxford and Cambridge. The Inns of Court and Chancery were the Colleges of Lawyers in the London University of Jurisprudence.

Here dwelt, and here were trained for the Courts those guilds or fraternities of Lawyers, according to a scheme of oral and practical education which they gradually evolved. Trade Guilds were the basis of medieval social life, and medieval Universities were, in fact, nothing more nor less than Guilds of Study.[7] The four Inns of Court survive to-day as instances of the old Guilds of Law in London, and the lawyers, in their relations with the Courts, the public and solicitors, seem to represent still a highly organized Trade Union.

The Inns of Court, then, have always exhibited, and still retain, the salient features of a University based upon the procedure of the medieval Guild. Just as, in other Universities, no one was allowed to teach until he had served an apprenticeship of terms, and, having been duly approved by the Masters of their Art, had received his degree or diploma of teaching; just as no butcher or tailor was allowed to ply his trade until he had qualified himself and had been duly approved by the Masters of his Guild, so in the Masters of these Guilds of Law was vested the monopoly of granting the legal degree, or call to practise at the Bar, to apprentices who had served a stipulated term of study and passed the ordeal of certain oral and practical preparation. And as though to emphasize beyond dispute the Collegiate nature of these Societies, we find that each one of them made haste to provide itself with buildings and surroundings, which still present to us, in the midst of the dirt and turmoil of busy London, something of the charm and seclusion and self-sufficiency of an Oxford College, with its Hall and Chapel, its residential buildings, its Library, and grassy quadrangles, and its Gateway to insure its privacy.

The same system of discipline, of celibate life, of a common Hall, of residence in community, and of compulsory attendance at the services of the Church, which marked the ordinary life of a medieval University, was repeated at the Inns of Court.

And the kind of Collegiate Order into which they shaped themselves was also shown by the several grades existing within the Societies themselves. The word ‘barrister’ itself perpetuates the ancient discipline of the Inns, where the dais of the governing body, or Benchers, corresponding to the High Table of an Oxford College, was separated by a bar from the profane crowd of the Hall. The Halls of the Inns were not only the scenes of that business of eating and drinking, the ‘dinners’ to which so much attention was devoted, and by which the students ‘eat their way to the Bench,’ but also the centres of the social life and educational system of these Guilds.

Dugdale gives at length the degrees of Tables in the Halls of the Inns—the Benchers’ Tables, the tables of the Utter Barristers, the tables of the Inner-Bar, and the Clerks’ Commons, and, without the screen, the Yeoman’s Table for Benchers’ Clerks.

The Utter- or Outer Barristers ranked next to the Benchers. They were the advanced students who, after they had attained a certain standing, were called from the body of the Hall to the first place outside the bar for the purpose of taking part in the moots or public debates on points of law. The Inner Barristers assembled near the centre of the Hall.

‘For the space of seven years or thereabouts,’ says Stow, ‘they frequent readings, meetings, boltinges, and other learned exercises, whereby growing ripe in the knowledge of the lawes, and approved withal to be of honest conversation, they are either by the general consent of the Benchers or Readers, being of the most auncient, grave and iudiciall men of everie Inn of the Court, or by the special priviledge of the present Reader there, selected and called to the degree of Utter Barristers, and so enabled to be Common Counsellors, and to practise the law, both in their Chambers, and at the Barres.’

Readers, to help the younger students, were chosen from the Utter Barristers. From the Utter Barristers, too, were chosen by the Benchers ‘the chiefest and best learned’ to increase the number of the Bench and to be Readers there also. After this ‘second reading’ the young Barrister was named an Apprentice at the Law, and might be advanced at the pleasure of the Prince, as Stow says, to the place of Serjeant, ‘and from the number of Serjeants also the void places of Judges are likewise ordinarily filled.’ ‘From thenceforth they hold not any roome in those Innes of Court, being translated to the Serjeants’ Innes, where none but the Serjeants and Judges do converse’ (Stow, i., pp. 78, 79).

Upon the Benchers, or Ancients, devolved the government of the Inn, and from their number a treasurer was chosen annually.

Readings and Mootings would seem to have been the chief forms of legal training provided by the Societies, and they may be said roughly to represent the theoretical and practical side of their system of education. As to Readings, the procedure in general was as follows: Every year the Benchers chose two Readers, who entered upon their duties to the accompaniment of the most elaborate ceremonial and feasting. Then upon certain solemn occasions it was the duty of one of them to deliver a lecture upon some statute rich in nice points of law. The Reader would first explain the whole matter at large, and after summing up the various arguments bearing on the case, would deliver his opinion. The Utter Barristers then discussed with him the points that had been raised, after which some of the Judges and Serjeants present gave their opinions in turn.[8]

I have referred to the feasting that attended the appointment of the Readers. We have seen that medieval Universities were Guilds of Learning, scholastic fraternities of masters or students, who framed rules and exacted compliance with certain tests of skill, precisely in the same way as did the masters and apprentices of ordinary manual trades. It was a universal feature of the Guilds, whether of manual crafts or of Learning, that the newly-elected Master was expected to entertain the Fraternity to which he had been admitted, or in which he had just been raised to the full honours of Mastership. And just as at Oxford, Cambridge, or Paris, a Master was obliged to give a feast, or even some more sumptuous form of hospitality, such as a tilt or tourney, upon the attainment of his degree, so at the Inns of Court the newly-appointed Reader was obliged by custom to entertain the Benchers and Barristers in Hall. It was the general experience everywhere that such entertainments tended to increase in splendour and costliness, and to be a severe tax upon the resources of the new Masters, and a check, consequently, upon the number of aspirants. So here the excessive charges attending Readers’ feasts led to a decrease in the Readers, which was regarded as tending to ‘an utter overthrow to the learning and study of the Law,’ and the Justices of both Benches accordingly issued an order insisting upon their observance, and at the same time regulating the amount that a Reader might expend upon ‘diet in the Hall.’

Moots were a kind of rehearsal of real trials at the Bar. They were cases argued in Hall by the Utter and Inner Barristers before the Benchers.

When the horn had blown to dinner, says Dugdale, a paper containing notice of the Case which was to be argued after dinner was laid upon the salt. Then, after dinner, in open Hall, the mock-trial began. An Inner Barrister advanced to the table, and there propounded in Law-French—an exceedingly hybrid lingo—some kind of action on behalf of an imaginary client. Another Inner Barrister replied in defence of the fictitious defendant, and the Reader and Benchers gave their opinions in turn.

As in other Universities, other subjects besides Law were included in the educational curriculum.

‘Upon festival days,’ says Fortescue, who wrote in the seventeenth century, ‘after the offices of the Church are over, they employ themselves in the study of sacred and profane history; here everything which is good and virtuous is to be learned, all vice is discouraged and banished. So that knights, barons, and the greatest nobility of the kingdom often place their children in those Inns of Court, to form their manners, and to preserve them from the contagion of vice.’

As time went on, in fact, the Inns of Court gradually changed their character, and became a kind of aristocratic University, where many of the leading men in politics and literature received a general training and education.

And whilst Oxford and Cambridge, essentially more democratic, drew their students chiefly from the yeoman and artisan class, the Inns of Court became the fashionable colleges for young noblemen and gentlemen.

Throughout the Renaissance, indeed, the Inns of Court men were the leaders of Society, and the Gentlemen of the Long Robe laid down the law, not only upon questions of politics, but upon points of taste, of dress, and of art.

In the reign of Henry VI. the four Inns of Court contained each 200 persons, and the ten Inns of Chancery 100 each. The expense of maintaining the students there was so great that ‘the sons of gentlemen do only study the Law in these hostels.’

‘There is scarce an eminent lawyer who is not a gentleman by birth and fortune,’ says Fortescue; ‘consequently they have a greater regard for their character and honour.’

And John Ferne, a student of the Inner Temple, wrote,[9] in 1586, especially commending the wisdom of the regulation that none should be admitted to the Houses of Court except he were a gentleman of blood, since ‘nobleness of blood, joyned with virtue, compteth the person as most meet to the enterprizing of any publick service.’

Shortly after the accession of James I., a royal mandate denied admission to a House of Court to anyone that was ‘not a gentleman by descent.’

‘The younger sort,’ says Stow (1603), ‘are either gentlemen, or the sons of gentlemen, or of other most welthie persons.’

It is one of the almost unvarying features of a Guild that a fixed period of apprenticeship must be served before admission to be a Master. The term of apprenticeship in the Inns of Court has varied with each Society, and in different epochs.

In June, 1596, the period of probation which must be spent by a student in attending preliminary exercises in the Inns, before graduating in Law, was limited by an ordinance of the Judges and Benchers to seven years. Before that date the ‘exercises’ necessary for ‘a call to the Bar’ occupied eight years, during which twelve grand moots must be attended in one of the Inns of Chancery, and twenty petty moots in term time before the Readers of one of the greater Societies.

But in 1617, in a ‘Parliament’ of the Benchers of the Inner Temple, it was ordained that ‘no man shall be called to the Bar before he has been full eight years of the House.’ Nor was lapse of time to be considered sufficient without proportionate acquisition of learning. Only ‘painful and sufficient students’ were to be called, who had ‘frequented and argued grand and petty moots in the Inns of Chancery, and brought in moots and argued clerks’ common cases within this House.’ A proviso against outside influence was added by the injunction that ‘anyone who procured letters from any great person to the Treasurer or Benchers in order to be called to the Bar, should forever be disqualified from receiving that degree within that House.’

In the seventeenth century, however, ‘readings’ and ‘mootings’ alike fell into desuetude, and official instruction practically disappeared. The Inns became merely formal institutions, residence within the walls of which, indicated by the eating of dinners, was alone necessary for admittance to the Bar. The loss of the Law was the gain of Letters. A new class of students, educated in literature and politics, and highly born, were bred up to take their place in the direction of affairs and the criticism of writers.

‘When the “readings” with their odds and ends of law-French and Latin went out into the darkness of oblivion, polite literature stepped into their place. “Wood’s Institutes” and “Finch’s Law” shared a divided reign with Beaumont and Fletcher, Butler and Dryden, Congreve and Aphra Behn. The “pert Templar” became a critic of belles lettres, and foremost among the wits, whereas his predecessors had been simply regarded by the outer world as a race that knew or cared for little else save black-letter tomes and musty precedents. Polite literature ultimately came to clothe the very forms of law with an elegance of diction not dreamed of in the philosophy of the older jurists, and thus deprived an arduous study of one of its most repellent features.’[10]

Another cause which greatly contributed to the brilliant record of the Inns as homes of Literature and the Drama, as well as of the Law, was the rule which, up till quite a few years ago, compelled Irish Law-students to keep a certain number of terms in London prior to ‘call’ at the King’s Inn, Dublin. Daniel O’Connell, at Lincoln’s Inn, Curran, Flood, Grattan, the orators; Tom Moore, the poet, and Richard Brinsley Sheridan, the dramatist, at the Temple, are among the later ‘Wild Irishmen’ who owed something to the London Inns in accordance with this rule, and rewarded the Metropolis with their eloquence and wit.

In modern times the need of general regulations as to qualification by the keeping of terms and of examinations as a guarantee of competency has been recognized.

After over 200 years of survival as an obsolete office, Readerships have been revived again to perform their proper functions. ‘A council of eight Benchers, representing all the Inns of Court, was appointed to frame lectures “open to the members of each society,” and five Readerships were established in several branches of legal science (1852). Attendance at these lectures was made compulsory, unless the candidate preferred submitting to an examination in Roman and English Law and Constitutional History. Three years