Cap. XLI.
Serjeants at Law.
THese were, long since called Narratores, in Latine; and Countors in French; id est Pleaders, as that notable Treatise, called the Mirroura of Iustices sheweth: which Book, if it be so old as Sir Edw. Coke b conceiveth, will prove them to be of greater Antiquity than eleven hun∣dred years. But setting that testimo∣ny aside, it is sure enough, that this Degree of Lawyers is very antient; for tis evident, that the Statutec of Westminster the first (which was in 3 E. 1.) makes mention thereof;
—Purvieu est, que si ul Serjeant Countor, ou auter, face ul maner de desceit, ou de collusion en Court le Roy &c. et de ceo soit attaint, eit la pri∣sonement d•• un an et un jour, et ne soit oy en Court le Roy &c. id est.
—It is provided also, that if any Serjeant Pleader, or other, do any man∣ner of deceit or collusion in the Kings Court, &c. and thereof be attainted; he shall be imprisoned for a year and a day; and thenceforth not be heard to plead in that Court for any man: And that Tho∣mas de Weylaund, Iohn de Metingham, Iohn de Cobbeham, and Elias de Beking∣ham (soon after Iustice of the Court of Common Pleas) being then the King's Serjeants had Pensions assign∣ed d them out of the Exchequer for that their Service.
And if my authoritye mistake not, of the same degree, about that time, was Iohn de Lyte, owner of Lyte's Carey in Com. Somerset, who lying there buried, with his Portraiture in a Coyfe hath this Epitapth. Iohn de Lyte, & Amy sa femme; Pater Noster Ave Amen.
And we find; that, in 3 E. 2. Ro∣ger de Scotre and Edmund Passelegh, were, by special Writ assigned to be the King's Serjeants—Serjeants as∣signes as plees le Roy et a ses besoines, saith the Recordf: In which em∣ployment, both they and their suc∣cessors gained such high esteem, that, from 20 E. 3. those, who were then in that place (viz. Rob. de Thorpe and Henry de Grene •• had Summons g to Parliament, to sit amongst the Iustices of both Benches: and were specially exemptedh from serving on those eminent Tryals called the grand Assize, but where there were no Knights in the County: which shew∣eth, that their rank and place was lit∣tle inferior to that degree of Honour. Whereunto Sir Edward Coke addeth; that they precede those who sit on an high Bench in VVestminster-Hall; id est Masters of the Chancery.
It should seem that this state and degree of Serjeant, considering their grand Feasts made at the reception thereof (whereof I shall give instance by and by) and the large reti∣nue for attendance they then had, was antiently so chardge∣able, as that the learned in the Laws were not then very for∣ward to it upon them; inso∣much as the Kings of this Realm became necessitated to require them thereunto by a special Writ of Summons: The first of which VVrits (where∣with I have met) was in 6 R. 2. unto Iohn Cary, Edmund Clay, and Iohn Hille: Howbeit after that time, several others had the like VVrits, as in my Chronolo∣gick Tables will appear; but not at their own seeking, as it seems by this following instance of Iohn Martyn,