Origines juridiciales, or, Historical memorials of the English laws, courts of justice, forms of tryall, punishment in cases criminal, law writers, law books, grants and settlements of estates, degree of serjeant, Innes of court and chancery also, a chronologie of the lord chancelors and keepers of the great seal, lord treasurers, justices itinerant, justices of the Kings Bench and Common Pleas, barons of the Exchequer, masters of the rolls, Kings attorneys and sollicitors, & serjeants at law / by William Dugdale, Esq. ...

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Title
Origines juridiciales, or, Historical memorials of the English laws, courts of justice, forms of tryall, punishment in cases criminal, law writers, law books, grants and settlements of estates, degree of serjeant, Innes of court and chancery also, a chronologie of the lord chancelors and keepers of the great seal, lord treasurers, justices itinerant, justices of the Kings Bench and Common Pleas, barons of the Exchequer, masters of the rolls, Kings attorneys and sollicitors, & serjeants at law / by William Dugdale, Esq. ...
Author
Dugdale, William, Sir, 1605-1686.
Publication
London :: Printed by F. and T. Warren for the author,
1666.
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Subject terms
Law -- Great Britain -- History.
Judges -- Great Britain.
Courts -- Great Britain.
Law -- Bibliography.
Inns of court.
Inns of Chancery.
Heraldry -- Great Britain.
Great Britain -- History -- Chronology.
Link to this Item
http://name.umdl.umich.edu/A36799.0001.001
Cite this Item
"Origines juridiciales, or, Historical memorials of the English laws, courts of justice, forms of tryall, punishment in cases criminal, law writers, law books, grants and settlements of estates, degree of serjeant, Innes of court and chancery also, a chronologie of the lord chancelors and keepers of the great seal, lord treasurers, justices itinerant, justices of the Kings Bench and Common Pleas, barons of the Exchequer, masters of the rolls, Kings attorneys and sollicitors, & serjeants at law / by William Dugdale, Esq. ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A36799.0001.001. University of Michigan Library Digital Collections. Accessed June 10, 2024.

Pages

The state of the House at this day.

THis Society consisteth also of three sorts or degrees of men professing the Laws; viz. Benchers, id est, such as have been Readers (an∣tiently called Apprentices of the Law) Utter-Baristers, and Inner-Ba∣risters, id est; Students under seaven yeares; all which have their Com∣mons in the Hall.

The Officers are these;* 1.1 A Steward and his Servant; one Chief Butler, four others who wear Gownes, and two more inferiors called Wash-pots; one head Cook, an under Cook, a Turn∣broach, two Scullions, a Porter and a Gardner. All which except the Por∣ter and Gardner have their diet in the House, and receive wages with cer∣tain Vailes belonging to their Of∣fices.

The Porter hath his lodging under the Middle Temple gate, and two Shops there, on the Eastside, which afford him Rent; his Office being to shut and open that Gate at due hours, and to keep out Beggers, and such loose kind of people: as also in Vacation time to see to Gentle∣mens Chambers, that the Dores be not broke open.

The Steward* 1.2 is to provide the or∣dinary Diet for the House (extraor∣dinary being to be taken care for by the second Cook) and hath his lodg∣ing

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under the Hall. He is allowed a Servant under him, besides a Porter or Pannyer-man to bring in the mea; and keeps a Roll, wherein the names of all persons are entred, who are either in whole, or in half Com∣mons, viz. half the week, and such only as take Repasts; every Repast being one meal in the Hall, and of which two and no more are allow∣ed: for if they exceed that number it goes for half a week; and accor∣dingly they are rated at the weekes end, viz. Saturday, when he casts up the Commons in the presence of two Utter-Baristers in the Term times, and two Gentlemen under the Barr in Vacation time, who are to oversee him and to examine his Accompts, being termed Auditors. But it be∣longs to the Chief Butler (and not to the Steward) to take a note of the names of such as are in Commons, which entered in the Buttery book; out of which the Steward makes up his Roll; wherein if any Gentleman be wrong'd, id est, cast in Commons, whereas in truth he was absent and took no Commons that week; or cast in whole Commons, where he ought to be but half Commons, yet he ought to pay it, the Stewards Roll being a Record and signed by the sayd Auditors is a conclusion to him: his only remedy in that case, being to pray an allowance of another week, or half a week, as the case falls out, in lieu thereof; which is gran∣ted to him in case the error be mani∣fested.

To the Steward and his servant it belongs to serve in the meat in Mes∣ses throughout the whole Hall, ex∣cept the Masters of the Bench-Table and their associates (being like Fel∣low-Commoners in the Universities) who are served by the second Butler and his assistant; and the Masters of the Bar, that is the Primier Bar-table (consisting of such as have been Rea∣ders of New Inne, or such whose pu∣ises have been Readers there) who are served by the second Butler and the Payner-man.

The Chief Butler is to keep a But∣try-book,* 1.3 and to enter therein all such Orders as are made by the Bench, at the Table, but not such as are made in Parliament; for those are entred by the Under-Treasurer. He is like-wise to enter the names of such as are admitted into Commons, or which are admitted into the House by the Readers in their times of Reading, and divers other things of like na∣ture. He also entreth the names of all such a perform any Moot or Ex∣ercise, either within the House or abroad, to the end he may give a true accompt thereof when he is thereto called.

He is likewise to provide Bread and Beer, as also green earthen drink∣ing pots, which he casts into the Steward's Accompts, who pay for the same: but Cheese he provides at his own chardges; and after Dinner cuts every man his portion; for which he hath a certain weekly al∣lowance from every one in Com∣mons. And to him it belongs (as aforesaid) to enter into a Roll the names of all such as are in Com∣mons.

He is also imployed to call any offender to the Bench Table, to be either punished or admonished for his offence: and likewise to provide Torches for the solemn Revells, and a white Rod, and a white staff for the Readers elect; and others at those Revells; which are the two next antients in Commons, then pre∣sent in the Hall: the first of whom, being denominated Master of the Re∣vells, is at all solemn Revells to carry the White staff, and leads the seve∣ral Dances, or antient measures, con∣ducting the whole Society (id est, all Under-Benchers) round the Hall at those times: The other is to carry the white Rod or Verge, and is cal∣led Master of the Ceremonies, who standing at the Cup-board, with a loud voice doth thrice Summon the Master of the Revells to come forth and perform that duty.

To the Office of the Chief Butler it likewise apperteineth to take the names of those that are absent at the said solemn Revells, and to present them to the Bench: as also inform the Bench of such as wear Hats,

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Bootes, long Hayr, or the like (for the which he is commonly out of the young Gentlemens favour:) and to appoint such as in Term are to re∣cite Pleadings, or to Moot; or to perform any assignement: and to in∣form the Bench thereof, in case they refuse.

These are to see the Tables throughout the Hall covered,* 1.4 and again voided at the end of every meal: the antientest of which three attends at the Bar Table, and next upon them on that side of the Hall. The puisne or fifth Butler attends on the other side, and serves the several Tables there with Bread and Beer. Moreover this puisne Butler is to say Grace, both before and after every meal, which he doth with an audible voice, standing in the Term time with his face towards the Bench Ta∣ble; and in the Vacations towards the Bar Table.

The antientest of these Butlers keeps the Pension Roll, and collects the Pensions every Term, which are five Groats a Term from every one of the Society; aswell Students and Utter-Baristers, as Benchers; out of which collection he is allowed for his paines xii d. in the pound: but antiently these Pensions were collec∣ted Termly by a Gentleman of the Society. And the other of these But∣lers do collect the other Rolls; viz. the Calves head Roll, the Parsons Roll, and other occasional Rolls, having the like poundage for their so do∣ing.

These three Butlers were hereto∣fore (as appears by an entry in the Buttry book made an. 18 Eliz.) to have xii d. yearly of every Gentle∣man, for their Salary; and the Chief Butler was to make a Roll of all their names, to be signed by the Treasurer and affixed to the Pension Roll, for the better collection thereof: but now every Gentleman under the Bar pays xii d. and every Barister xviii d. yearly; which summs are gathered yearly by the second Butler; who for that purpose keeps a little Book of the Gentlemens names,* 1.5 and crosseth those that have paid. Which Col∣lections, by an Order made an. 19 Eliz. were thus distributed; viz. the three antient Butlers to have three parts thereof (of four to be divided) and the two puisne Butlers the fourth. Which puisne Butlers serve, for the most part,* 1.6 to Wash pots, fill Beer, and serve the same into the Hall, for the ease of the other But∣lers; as also to chip Bread, and to do such other servile work. Of these, the head Butler hath for his wages iii l. vi s. viii d. and the other four but xx s. a piece yearly.

The Chief Cook,* 1.7 besides his ordi∣nary service in the Kitchin, in look∣ing to the Dressing and serving out of the meat, To his Office do belong divers Vailes; viz. Dripping, and Scummings; the Rumps and Kid∣neys of loynes of Mutton, which is the usual Supper-meat of this So∣ciety, there being seldome any other joynt served in the Hall. Besides, for his farther benefit, he was wont yearly every Easter Term to bestow upon the whole Society a Break-fast of Calves heads, for which every Gentleman gave xii d. or more, ac∣cording to his discretion: But by an Order made in 11 Iacobi, these Calves heads used for Break-fasts were turned into a Dinner, which was appointed to be on the first and second Munday in Easter Term. And whereas heretofore the benefit of these Breakfasts was wholy con∣ferred upon the Cookes; now all other inferior Officers of the House, viz. Scullions, Turn-spits, Wash∣pots, under-Butlers, the Panyer-man, Porter, and such like, do (by usur∣pation) partake of the Gentlemens bounty; and heretofore stood in rancks at the Hall dore, ready (as the Gentlemen passed out of the Hall after Dinner) to receive their Bene∣volence. But this custome of stand∣ing being disliked by the Society, hath been laid aside above thirty years since; and in lieu thereof, there is a Roll, called the Calves head Roll instituted, whereby every Bench∣er is taxed yearly at ii s. every Barister at i s. vi d. and every Gentleman un∣der the Bar at i s. which is a greater

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advantage to the said Officers and servants, receiving the Tax now from the whole Society (all admit∣ted members, as well absent as pre∣sent) whereas formerly they received not a certain duty, but a voluntary gratuity from a few who were in Commons, only in Easter week; and of them also, but such as did not ab∣sent themselves from that Mundays Dinner in Easter week.

Besides the Vailes beforementio∣ned, the Chief Cook hath for his year∣ly wages allowed him by the House iii l. vi. viii d. The Under-Cook xl s. yearly. The Turn-broach xxvi s. viii d. yearly; but the two Scullions no more than what they receive from the benevolence of the Gentlemen.

To the second Cookes Office it be∣longeth to provide special Achates for the Bench Table,* 1.8 and likewise for the antient Mess of the Barr Table; as also of the Auntients Table, such as are past their Reading and never Read: which special Achates are such (for the most part) as the Bench pleaseth to make choice of; and for the same the Benchers pay weekly, but the rest by the meal.

The Panyer-man,* 1.9 by the winding of his Horn, summons the Gentlemen to Dinner and Supper. He also pro∣vides Mustard, Pepper, and Vineger for the Hall; and hath for his wages yearly iii l. vi s. viii d. and the frag∣ments of certain Tables; viz. the Barr-Table and those others in the middle of the Hall, which he serves, and is to attend unto.

The Gardner is allowed vi l.* 1.10 xiii s. iiii d. per annum to dress the Gardens. And the Porter's wages is v l. x . per annum.

The Chief Treasurer,* 1.11 who is cho∣sen yearly at the first Parliament in Michaellmass Term, from amongst the Readers, to receive and disburse the Fines and revenues belonging to the House, is by reason of his Office dischardged of his Pension for that year. He is the supreme Officer of the whole Society upon whom the Iudges (who have formerly been of this House, as Supervisors thereof) do call, if things be amiss in the So∣ciety, to see the same corrected and amended. He admits all Gentlemen into the Society. He hath power to remit and abate of Fines at such times; as also when they are admit∣ted into Chambers, and to make sale of all such Chambers as are for∣faited, or such as do fall to the House by the Death of any member thereof▪ And if a Chamber do so fall, he may admit any son of his (being of the House) into such a Chamber Gratis and without fine. He may lay out of the publick moneys of the House, at his discretion, what is convenient or requisite, on his own Chamber (be∣ing a Bench Chamber) in reedifying, repayring, enlarging, Waynscoting, or adorning the same. He hath also power to compound and mitigate forfaitures, House-duties, Rents of Tenants, and other matters which concern the Society: but he hath no wages, fee, or gratuity by reason of his Treasurer-ship. Heretofore one person hath continued in this Office two or three years, till by an Order made in an. 39. Eliz. it was made annual.

The Under-Treasurer's* 1.12 Office is to make entries of every Gentleman's admittance into this Society, or into any Chamber belonging thereto; to∣gether with the Fines paid for such admittances, and to take Bonds of them for payment of their duties. His entries are preserved in a Book kept for that purpose; and therein also are registred and preserved all such Orders as are made from time to time by the Bench in their Parlia∣ment assemblies. He is, by reason of his Office, dischardged of all Pensions, Taxes, and contributions, and hath xx l. per annum fee or wages: as al∣so his Diet, with a Chamber for himself and another for his Clark. H hath likewise the Fee of ii s. vi d. per diem, as Supervisor of the Build∣ings, reparations, and alterations of the House: and vi s. viii d. upon the admittance of any Gentleman into the Society, and his Clark (then)

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ii s. vi d. At every admittance into a Chamber he hath x s. And his Clark ii s. vi d. When any Barrister is called and sworn of the Bar, he hath x s. and his Clark ii s. vi d. besides certain other allowance and Fees for paper, Parchment, Writing books &c. He attends on the Masters of the Bench at all their Parliaments and solemn assemblies, and is their Clark of the Parliament. He enters up all matters of Record, is Custos Rotulorum for the Society, and receives Fees or gratui∣ties for searching, copying, or certi∣fying of the Records and Orders of the House.

Their Parliaments* 1.13 are held thrice in Michaelmass Term; viz. the first and last Friday of the Term, and the Friday next before Allhallown tide: and twice in every other Term; viz. the first and last Friday of the Term, in the Evening.

The Order in keeping these Par∣liaments is this; First the Benchers only, who have been Readers, meet in the Parliament Chamber, which is at the lower end of the Hall, and take their places according to their antiquities. Then the Treasurer for the time being, sits at the Table bare-headed, and reads such Petitions; and proposeth such matters as shall be thought convenient for the better government of the House; the Un∣der Treasurer standing by as an at∣tendant: And when the Bench have concluded on any Order, he sees to the entry of it. If they differ in any thing, every one gives his voice apart, beginning at the puisne, and so upwards, and thereupon the most voices prevail. Heretofore none who had been called to the Bench to read, came to these meetings before he had Read, and was allowed by the Bench; nor was any associate admit∣ted to be present amongst them: but of late time, all such as are called up to the Bench Table, and do re verâ intend to read, have place and vote in their Parliaments, except only the last Reader himself, who is excluded from the first of their Parliaments (which is held in the next Term after his Reading) to which he may not come until it is ended, and that the Barristers (id est, all in Commons) be called in by the Under Treasurer, to have notice given them by the high Treasurer of all new made Laws and Orders, or alterations of the old ones: to which service they are bound by the Orders of the House every last Friday of each Term: (which is called a Parliament of At∣tendance,) and whosoever are absent, do forfait iii s. iiii d. pro non consul∣tando, although they may not consult (but must consent) when they meet there.

After the Reader is thus entred and placed, his last and immediate pre∣decessor welcomes him thither with an Oration; and according to his merit reports of him to the rest of the Masters of the Bench: unto whom the Reader replies in another Oration, and excuseth his imperfecti∣ons and inabilities; but is rejoyned unto by the high Treasurer in a third Oration, and in the name of all their Masterships welcom'd thither and pronounced a Bencher; who, from that instant is as absolute as any of them.

The admittance of Students* 1.14 into the House is thus: First he makes his choice, whether he will be generally or specially admitted. If generally, then he is to pay five marks for his admittance; if specially, five pounds: but formerly it hath been vi l. xiii s. iiii d. except he were of an Inne of Chancery, and then the Fine is less; viz. if he hath been two years, his special admittance is xl s. and his ge∣neral xx s. When he hath made his election, the Under Treasurer brings him to the high Treasurer, who al∣lows of him, and sets his Fine as aforesaid: yet sometime, by special favour, the Treasurer mitigates the Fine. This being done, the Under Treasurer enters into a Book the parties name; whose Son he is, and the day of his admittance. Then the party, and two others formerly ad∣mitted of the House, enter into Bond with him, as his Sureties, to observe the Orders, and dischardge the du∣ties of the House: after which the

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Under Treasurer makes him a Reci∣piatur: which being delivered to the Chief Butler, he is thereupon ad∣mitted into Commons, the Chief Butler having ii s. vi d. for his fee, and the senior Wash-pot vi d. from him that is a new Comer, at his en∣trance.

Afterwards, if his admittance be general, he is bound to continue in Commons two years Vacations: and if he fail, he is then fined xx s. at the least, for every fayler: but if speci∣ally admitted, he is not then bound to any such attendance.

His Habit is a Student's Gown, and in the Term time a round Cap, which he wears both in the Hall, and in the Church. Boots and Spurrs, Swords and Cloakes are in those places forbidden; as also ex∣traordinary long hair: and for any ffence against these Orders, he is fined.

Next to his admittance into the House, he is admitted into a Cham∣ber, when he can purchase the same of any other of the Society; or of the House, when any falls void by death. Touching which Chambers, it is to be noted, that all but the Benchers go two to a Chamber; a Bencher only hath the privilege of a Chamber to himself. When any one is admitted to a Chamber, it is entred generally by the Under Trea∣surer, that he is so admitted such a day, without limitation of any estate at all: yet by the antient usage and Custome of the House, he hath an estate therein, for the Term of his lfe, if he so long continue in the So∣ciety, and keep Commons: For un∣less he be in Commons six weekes in every year, he forfaits his Chamber to the House. But though he hath only an estate for life therein, yet he hath power to sell it to any other of the Society; and the party that buyes it, hath his own life therein, and up∣on his Admittance pays a Fine of v l. or thereabouts: but if any so admit∣ted, die, before sale made of his Chamber, it then falls to the House, who sell the same to the best va∣lue.

If there be any one Chamber, con∣sisting of two parts, and the one part exceeds the other in value, and he who hath the best part sells the same; yet the Purchaser shall enter into the worst part: for it is a certain rule; that the Auntient in the Chamber, viz. he who was therein first admit∣ted, without respect to their antiqui∣ty in the House, hath his choice of either part.

These Students, heretofore used, in the Reading times, to carry the Reader's meat unto the Bench Ta∣ble; but now that use is omitted: nevertheless they carry up the meat at the Reader's feast, and at the two other Feasts, viz. All Saints, and the Purification of our Lady. They used also Post-Revells, upon those Feast days, and every Saturday night between the said Feasts: besides Masques and other disports in the time of Christmass.

After two or three years, these Students are to perform certain Ex∣ercises; viz. first to recite the Plead∣ings of such Baristers, as moot in the Term time: To Moot also in the Vacations; and shortly after, per∣form their Exercise of mooting a∣broad, in the Inns of Chancery. Af∣ter the performance of all which, at home and abroad; and after the ex∣piration of seaven or eight years, they are by the Bench (amongst other their fellow Students) admitted unto the Degree of Utter-Barister; so that once at the least, every two year, a dozen or more, are by a ge∣neral Call preferred to this Degree. This now is an Act of the whole Bench, at their Parliamentary meet∣ing: But heretofore every Reader of the House, made choice of such as he thought fit, and had power to call them to the Bar; viz. every sin∣gle Reader, two; and every double Reader, four; which is confirm'd by an Order of the House, made an. 37 Eliz.

Note, that there is no ceremony used in the calling of any to the Bar, more than that their election is at the end of the Parliament, declared by the high Treasurer to the rest of the Baristers, who are then called to be informed what the Bench hath

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concluded on, in that meeting. Their names then entred by the Under Treasurer; the next day, immedi∣ately before Dinner, they are called to the Cupboard; where the Trea∣surer of the House, with some of the Benchers assisting him, cause the par∣ties called, or elected, to take the Oath of Supremacy, the one after the other: which being done, all is en∣ded, and they remain Utter-Baristers. Nevertheless, after this their call, it was not heretofore allowed them, either to wear a Bar-gown openly at any Bar in Westm. Hall, or to practise the Law; but to forbear, for the space of two years, and in the mean time to continue their Exercise of mooting in the Innes of Chancery.

There is an Exercise, besides, to be performed by every Utter-Barister, within the House, in the Term time; viz. to perform two several assign∣ments of Moots, every such assign∣ment consisting of three or four Moots, or Exercises; wherein they argue pro and con, a Case agreed on between themselves; consisting for the most part, of two Questions; three Benchers sitting as Iudges, and arguing the same Case after them. Amongst these Utter-Baristers, there is one (commonly of about eight or nine years standing of the Bar) yearly chosen to be Reader of New-Inne; who in the times of Reading, doth there argue certain Cases, of his own framing: which Cases are first ar∣gued by two Gentlemen of New Inne; and afterward by two Gentlemen of every Inne of Court; whereof one is commonly of the Bar, the other under the Bar; who argue in their turnes, beginning with the puisne; who maintaineth what side he plea∣seth. The next argues against him, and so all the rest maintain that con∣clusion, which falls to their turn. Lastly the Reader himself argues the Case, and delivers his conceipt and opinion, what he thinks, in truth, the Law to be therein.

The next step,* 1.15 whereunto a Ba∣rister of this Society ascends, to the Cupboard; whereof there are four, who in the Reading times, argue in turnes, the Readers Case, beginning at the puisne; who, of those Cses, which the Reader proposeth, takes his choice, and is to argue against the Reader's conclusion: the next against him, and the rest as it falls out to their turn. These four Cubboard men were heretofore wont to be the four antientest Baristers of the House; who in time, and by reason of their antiquity, were to be the two next Readers of the House: and this was observed, whether they purposed to be Readers or not: But by an Order of later time, no man ought to take upon him to be a Cupboard-man, un∣less he resolveth to Read, when his turn cometh: therefore, if any one do declare his intention not to Read, he is spared from the Cupboard; and the next in antiquity unto him, is chosen to succeed in his roomth: Yet time alone makes not a Cupboard man: for the Bench, upon just cause of dislike, may pass over any whom they hold not fit for that place, and elect others next in Antiquity. Which election of theirs is twice in every year, at the meeting of the Bench in Parliament; viz. in the last Parliament of Hillary Term; at what time the four Cupboard men, for the next Lent-Reading are chosen and declared by the Treasurer; and in the last Parliament in Trinity Term, when, in like manner, the four Cp∣board men, for the next Summer Rea∣ding are chosen and declared.

The next degree is a Bencher:* 1.16 then a Reader; which, at the farthest falls out to be within two years after the parties first admittance to the Cup∣board.

These Readers* 1.17 are likewise chosen by the Bench, at their assembly in Parliament yearly, upon the Friday before the Feast of All Saints, at what time the two Readers for the year following, are elected and de∣clared: wherein, although it be sel∣dome seen, but that the parties so chosen, be the two auncient Cupboard men; yet the Bench is not tyed to any such necessity of choice: for if upon due consideration of the estate, learn∣ing,

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〈…〉〈…〉

〈…〉〈…〉

〈…〉〈…〉

〈…〉〈…〉, new chosen as 〈…〉〈…〉, it the next Feast day of All 〈◊〉〈◊〉 which day such Iudges and 〈◊〉〈◊〉 at Law, as have issued out of this Society, are highly feasted, and come in their Scarlet robes) are bound to give their attendance, their duty being to meet the Iudges and 〈◊〉〈◊〉 at the lower end of the 〈◊〉〈◊〉, and to conduct them upwards. for distinction, and orders sake, the one of them, viz. the Ancient, hath 〈◊〉〈◊〉 staff in his hand; the other 〈◊〉〈◊〉 white Rod, with which they usher in the meat, following next after the Musick. When the meat is brought to the Table (which at such folemn Feasts is allways performed by young Gentlemen of the House, under the Bar) the one of the two new Readers elect, receives every Dish of the Gen∣tlemen, who carried it, and placeth t on the Table, in decent order, the other standing by to wait on the Iudges. And during the Feast, they 〈◊〉〈◊〉, with solemn 〈◊〉〈◊〉, wel∣come both the Iudges and Ser••••eants.

Besides this, the puisne Reader e∣ect, erves every Mess throughout the Hall, receiving it from the Stew∣ard, and placing it on the Table. Dnner being ended, they wait on the Idges and Serjeants; ushering them, either into the Garden, or some other rering place, untill the Hall 〈◊〉〈◊〉 ••••ensed, and prepared; and then they usher them again into the Hall, and place them in their rooms, one after another. This being done, 〈◊〉〈◊〉 Auncient of the two that hath the staff in his hand, stands at the up∣per end of the Bar Table; and the other, with the white Rod, placeth himself at the Cupboard, in the mid∣dle of the Hall, opposite to the Iudges; where the Musick being be∣gun, he calleth twice the Master of the Revells. And at the second call, the Auncient, with his white staff, advanceth forward, and begins to lead the measures; followed, first by the Baristers, and then the Gentle∣men under the Bar, all according to their several antiquities: and when one measure is ended, the Reader at the Cupboard, calls for another, and so in order.

All such as are in Commons, un∣der the degree of Benchers (except only them of the Auncients Table, who are past their Readings) ought not to be absent from solemn Revells: and whoever they be that do absent themselves, do forfait, or are finable iii s. iiii d. And whosoever of the Bar that are made choice of to carry up Wafers (on grand days) to the Iudg∣es, and do refuse, do forfait x. And whosoever of the young gentlemen under the Bar, that refuse, do forfait v s. And whosoever on days of so∣lemn Revells, do refuse to carry up Bread and Beer to the Masters of the Bench do forfeit, Baristers vi s. viii d. and others iii s. iiii d.

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When the last measure is dancing, the Reader at the Cupboard, calls to one of the Gentlemen of the Bar, as he is walking or dancing with the rest, to give the Iudges a Song: who forthwith begins the first line of any Psalm, as he thinks fittest; after which, all the rest of the Company follow, and sing with him. Whilst they are thus walking and singing, the Reader with the white Rod, de∣parts from the Cupboard, and makes his choice of a competent number of Utter-Baristers, and as many under the Bar, whom he takes into the But∣try; where, there is delivered unto every Barister, a Towell, with Wa∣fers in it; and unto every Gentle∣man under the Bar, a wooden Bowl, filled with Ipocras, with which they march in order into the Hall, the Reader with his white Rod, going formost. And when they come near to the half pace, opposite to the Iudges, the Company divide them∣selves, one half (aswell Baristers, as those under the Bar) standing on the one side of the Reader; the other on the other side: and then, after a low solemn Congee made, the Gentlemen of the Bar first carry the Wafers; the rest, with the new Reader, stand∣ing in their places. At their return, they all make another solemn low Congee, and then the Gentlemen un∣der the Bar, carry their Bowles of Ipocras to the Iudges: and return∣ing, when the Iudges have drank, they make the like solemn Congee, and so all depart, saving the new Readers elect, who wait upon the Iudges untill their departure; and then usher them down the Hall, unto the Court Gate, where they take their leaves of them.

In the self same manner, they en∣tertain the Iudges and Serjeants on All Hallown day and on the Feast day of the Purification of our Lady. Which two Feasts, viz. All Saints and Candlemass, are the only Feasts in the whole year, made purposely for the Iudges and Serjeants in this Society: but of later time, divers Noblemen have been mixed with them, and solemnly invited as Guests to the Dinner, in regard they were formerly of the Society.

As for the chardge of these Feasts, it is cast amongst the Gentlemen of the House, in their Commons; no man exempt, if he be within the City, though not in Commons: for in such Case he is called Visus in villâ, and shall pay half that weekes Com∣mons, wherein the Feast day hap∣pens, though he take none.

Moreover, for a farther honour to the Iudges and Serjeants at Law, two auncient Baristers of the Society, are chosen to invite them to these Feasts; who, to that end, do repair to their several Chambers, four or five days before. Likewise, when they are in the Hall, and before they take their places, two antient Utter-Baristers are appointed to wait on them, with Basins and Ewers of sweet water, for the washing of their hands; and two other like antient Baristers with Towells.

Besides these solemn Revells or measures aforesaid, they had wont to be entertained with Post Revells, performed by the better sort of the young Gentlemen of the Society, with Galliards, Corrantoe, and other Dances; or else with Stage-plays: the first of these Feasts being at the beginning, and the other at the later end of Christmass. But of late years, these Post Revells have been dis-used, both here and in the other Innes of Court.

The next duty, which these new Readers are, in time, to perform, are their Exercises within the House; which, together with the young Gentlemen under the Bar, and the new-chosen Readers, they perform in this manner.

The new Baristers (as before hath been intimated) are, for their degree to perform each of them two several assignments of Mootes: which Ex∣ercises are done in the Hall, in the Term time only, every Tuesday and Thursday night immediately after Supper. The Case is framed with apt and proper Pleadings unto it, by the two Utter-Baristers, who are to per∣form the assignment. These Plead∣ings are recited by two Gentlemen under the Bar; one of which speaks for the Plaintiff, the other for the De∣fendant:

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〈◊〉〈◊〉: which done, and the Case briefly put, out of those Pleadings, and argued by the Utter-Baristers, three of the Benchers, as Iudges, ar∣gue the same Case, whereof one of the new elected Readers is allways one, they supplying the place alternis vicibus. Which Course (touching the two Readers) holds only, untill the end of Hillary Term: for shortly after, follows the Lent-Reading, per∣formed by the auncient of the two elect; after which time he is freed from this alternate Course of argu∣ing, taking his turn only as other Benchers do: For which Cause, in the two Terms following (scil. Easter and Trinity) the former Reader elect, doth, without his fellows help, sit at every of their Mootes, untill his own Reading be post; two other Bench∣ers (as aforesaid) arguing with him.

Besides these Exercises, the Rea∣der, by the antient Custome of this House, ought to remain in Com∣mons, from the end of the Term, next preceding his Reading, untill the week before he takes his place, as Reader; and in all that time, viz. every Tuesday and Thursday night, to see the Exercises of the House per∣formed, and to be present and assi∣stant to them. Which Exercises are Mootes of the same nature as the other, and differing only in the per∣sons; the Cases and Pleadings to them, being framed and argued by two Gentlemen under the Bar, and the Pleadings recited by two other puisne Gentlemen, and lastly argued by two Utter-Baristers, and the Rea∣der elect, the Reader sitting in the middle, and arguing last of all.

Then follows the last peculiar Act, and Exercise of the Reader, be∣ing his Reading; which begins regu∣larly in Lent, viz. the first Munday of clean Lent; and in Summer the first Munday in August, unless those dayes be Festival, and then it begins the day following. Howbeit, the Reader, having first absented himself out of Commons for the space of a week, in which time he seldome comes abroad, that his entrance may be with the more state, appears first as a Reader, at the Church, the Sun∣day after-noon, next before his Reading, accompanyed by such Benchers, as are in Town; whereof two are appointed for his Assistants (being, for the most part, the two next precedent Readers) and attended by twelve or fourteen Servants, at the least, in one livery; and the same night at Supper, he takes his place in the Hall, in a Chair, at the upper end of the Bench Table.

The next morning he makes choice for his Sub-Lecturer, of a puisne Gentleman of the House, to whom he delivers his bag of Bookes and papers; and then repairs unto the Parliament House to Breakfast. Which ended, he goes into the Hall, where the whole Society expects his coming; and resting at the Cup∣board, doth there take the Oaths of Supremacy and Allegiance. Then he takes his place towards the lower end of the Bench Table; where the Sub Lecturer doth first, with an audible voice, read over the Statute, or at least that branch of it, that he hath chosen to read on.

This ended, the Reader begins with a grave speech, excusing his own weakness, with desire of their favourable censures; and concluding with the Reasons, wherefore he made choice of that Statute: Then he delivers unto them his divisions made upon the Statute, which are more or fewer, as he pleaseth; and then puts ten or twelve Cases upon his first division; of the which, the puisne Cupboard-man, before spo∣ken of, makes choice of one to ar∣gue; and in his Argument, endea∣vours, what in him lyes, to oppose the Reader's conclusion. After him follow the rest of the Cupboard men, standing at the Cup-board: then the Benchers, who are placed on a form opposite to the Reader, ar∣gue in their turnes; and last of all, the Reader himself, who maintains his own conclusion; and oftentimes such Iudges or Serjerjeants at the Law, as are of this Society, come to argue the Reader's Case; who at such time, come always in their purple Robes, and Scarlet Hoods, and are placed on a form, opposite

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to the Benchers, with their backs to the Reader.

All Arguments being ended, Din∣ner is served in, where he entertains the Company with a great Feast, at his own Table; with addition of one Dish extraordinary unto every Mess throughout the Hall.

When Dinner is ended, and the Cloth taken away; the Sub-Lecturer repairs unto him, with his bag of bookes; and then one of the Cup∣board-men repeats another of his Cases, and argues it against him: after whom follows the Reader, with an Argument in maintenance of his own conclusion; and so that days Exercise is ended.

This Course he observes three days in a week, untill the end of the Reading; viz. every Munday, Wedns∣day and Friday, the other interme∣diate days being spent in Feasting, and entertainment of Strangers, who are commonly great Lords, and other eminent persons: but, be the Guests of never so high a degree, the Reader, within the Precincts of the House, hath precedence of them; and at the Table keeps his Chair at the upper end. His expences, during this time of Reading, are very great; insomuch as some have spent above six hundred pounds in two days less than a fort∣night, which now is the usual time of Reading.

Although latter times and exam∣ples have added to the Excess; yet heretofore, when they were most frugal, a competent proportion, for entertainment of Strangers (which was held to be a lustre and honour to the House) was ever expected from them, and in some sort hath been prescribed unto them, as in part ap∣pears by an Order of the Bench, made in the reign of King Philip and Mary; whereby every Summer-Rea∣der was enjoyed to spend xv. Bucks in the Hall, during his time of Rea∣ding, on pain of ... marks. And shortly after (to avoid all occasion of superfluous expence) by an other Or∣der, in the reign of the same King and Queen, the Reader was enjoyned not to exceed those xv. Bucks: but the times are altered; there being few Summer Readers, who, in half the time that heretofore a Reading was wont to continue, spend so lit∣tle as threescore Bucks, besides Red Deer: some have spent fourscore, some an hundred; whereof one brace of Bucks are commonly be∣stowed on New Inne, to feast the Stu∣dents there: And the neighbour Pa∣rishes to the Temple, do also tast of the Reader's bounty in this kind. Yet some help the Reader hath from the House, which allows every single Reader, one Hogshead of Wine, or five pounds in money; and a special admittance of any Gentleman into the House, or five pounds more in lieu thereof. Besides, in the last week of his Reading, a great and costly Feast is provided for the enter∣tainment of forein Ambassadours, Earls, Lords, and men of eminent quality: which, although it be cal∣led the Readers Feast, yet he bears no part of the chardge, the same being imposed on four gentlemen of the House; whom they call Stewards of the Feast; whereof two are Ut∣ter-Baristers, and the other two un∣der the Bar, whose chardge is now at the least x l. a piece; but heretofore less: for by an Order made 34 Eliz. they were to be at no farther chardge than five pounds a man.

Heretofore the Reading continued by the space of a Month; afterwards three weekes, but of later times no more than a fortnight; beginning commonly on the Munday, and end∣ing the Friday sevenight following: on which day, the Reader (after Breakfast) comes unto the Cup∣board, with his Assistants and Cup∣board: men, and there makes a grave and short speech to them, tending to the excuse of his weakness, with de∣sire of pardon for his errors commit∣ted: which forthwith is answered by the most ancient Bencher then present, who extolleth the Reader's bounty and learning; concluding with many thanks unto him: which ended, he taketh his usual place; and having put his Cases upon the division of that day, two of the Cup∣board men argue one of those Cases, and a third desires to know Mr. Rea∣der's

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opinion therein the next Term: whereupo the Reader ariseth, with∣out making any Argument at all; and taking his leave of the society, retires unto his Chamber, and pre∣pareth himself for his journey home∣wards; wherein the young Students, and many others, do usually accom∣pany him for that days journey, bringing him forth of the Town, with great state and solemnity; and at night, bestow a great Supper upon him in his Inne, at their own chardg∣es; and the next Morning part com∣pany.

Yet here the formal part of the Reading ends not: for the first Par∣liament of the next Term, when the Benchers there assembled, have dis∣parhed their other affairs, this new Reader is sent for to come amongst them; where being come, and take∣ing the lowest seat of the room, one of his Assistants (who commonly is the next precedent Reader) being by the Bench called to give an account of the Reading, makes a great Oration unto them; declaring the great learn∣ing and chardge of the Reader, toge∣ther with the Statute that he read upon, and his divisions thereupon made, with other words, tending wholy to the Reader's commenda∣tion. In answer whereof, the Reader makes another grave Oration, in his own excuse; magnifying the learned Arguments of his Assistants and Cup∣board-men, as also the good order and behaviour of the young Gentle∣men; with thanks to them all, for so patiently bearing with his infirmities. After which, the Bench gives him thanks, and so they all together sit down to Supper: at what time (and not before) the Reader is an absolute and confirmed Bencher, and hath voice, with the rest, in all succeeding Parliaments; and is, for the two next Readings, chosen one of the As∣ssitants to those Readers. But note, that before the new Reader is thus cal∣led into the Parliament House, the Bench receiveth particular informa∣tion of his carriage and proceedings, during the time of his Reading: and if they find him guilty of any great fault, they 〈◊〉〈◊〉 a good fine upon his Head, or make such other Orders against him, as they think fitting.

Note also, that in antient times, the former Reader, by a Custome used in this Society, was to be Stew∣ard of the House, for the time of Christmass: but this Custome was abolished by an Order made an. 4. Eliz. whereby some other fellow of the Society (fit in respect of his estate) was to be chosen Steward, and the Reader to be spared, paying a rea∣sonable Fine for the same: the which Fine is now turned into a Brawn and Muskadine, which the Summer Reader doth bestow on the Gentle∣men of the House, at Christmass be∣fore; the chardge thereof amounting to about four pounds.

Yet a Reader's trouble and chardge here ends not: for in the Term time, the Case is orderly kept every day after Dinner, aswell amongst the Benchers, as Utter-Barristers and Stu∣dents, the manner thereof being thus; viz. One of the Benchers (beginning commonly at the puisne, and so the rest in turn) puts a short Case, con∣sisting of two or three difficult que∣stions in the Law, of his own inven∣tion. The Case being put from one Mess to another throughout the Ta∣ble, they divide themselves by three in a Company, and so argue it; the party that framed the Case, being the last of the Company that argues it: but all the rest argue according to their antiquity, begining at the puisne. The like is done by a Case put by one of the Utter-Barristers; which runs through the whole Table, and is ar∣gued in like Companyes, as afore∣said; which kind of Exercise, doth both whet their wits, and strengthen their memory.

Besides these daily Exercises,* 1.18 there are (as hath been before re∣membred) Mootes every Tuesday and Thursday night, brought in by two Utter-Barristers; wherein the Bench∣ers proceed as followeth; Immedi∣ately after Supper the Benchers as∣semble themselves in the Bay-win∣dow, at the upper end of the Hall; where, standing in order, according to their antiquity, there repairs unto

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them two Gentlemen under the Bar, whose turn it is to recite the Plead∣ings. Who, after a low obeysance, demand whether it be their pleasure to hear a Moot; and depart with an affirmative answer. Then the Bench∣ers appoint two amongst themselves, to argue the Case, besides one of the Readers elect, who stands not in their assembly, and is to be allways one (as hath been said.) Wherein note, that every man is appointed according to his turn, as thus; The Benchers of this Society are divided into two se∣veral ranks or Classes; viz. the up∣per Classis, consisting of the Aunci∣enty, and the lower of the Puisnes. Now at the first Moot of every tourn, the puisne of the lower rank, and the puisne of the upper rank, are first to argue, and so afterwards of the rest in their turns. Which Order was (as it seems) devised, to the end every Bencher might once in a Term, argue at one of those Mootes.

When it is agreed on who are to argue, all the Benchers depart out of the Hall, leaving the rest of the Company there. The two Arguers walk a turn in the Court or Garden, untill the Hall be prepared and made ready for them: which being done, they return into the Hall, and-stay at the Cup-board, demanding if the Moot-men be ready. During their stay at the Cup-board, there is often∣times a Case put unto them by one of the Utter-Bar, which is termed a Cup-board Case: And when the two Benchers have argued it, then the party that put the same, doth also ar∣gue it; but this is on the By: for there is no necessity of any such Cup-board Case: neither is it any part of the Exercise of the House, and there∣fore it is but seldome, done, though every Utter-Barister may, at his pleasure, put a Cup-board Case; and being put, it is, by Custome, to be argued.

But to return to the Mooting; All parties being ready, the two Bench∣ers appointed to argue, together with the Reader elect, take their places at the Bench Table, the auncient Bencher sitting in the midst, the se∣cond on his right hand, and the Reader elect on his left. Then the Moot-men also take their place, sit∣ting on a Form, close to the Cup∣board, and opposite to the Bench∣ers. On the one side of them sits one of the Students▪ that recites the Pleading; and the other on the other side. The Pleadings are first recited by the Students; then the Case put, and argued by the Baristers, and last∣ly by the Reader elect and Benchers, in manner aforesaid; who all three argue in English: but the Pleadings are recited, and Case argued by the Utter-Baristers in Law french. The Moot being ended, all parties return to the Cup-board; where the Moot∣men present the Benchers with a Cup of Beer, and a slice of Bread; and so the Exercise for that night is ended.

So that no man, though of never so great antiquity in the House, is pri∣vileged from keeping the Exercises of the House; those only excepted, which are past their Reading, and have never Read.

Again, after this great chardge of Reading,* 1.19 by the antient Orders of the House (though of late years dis-used) he is in his turn to Read again, and then is called a Double Reader: but there is not so great expence in diet expected from him, as from a Single Reader, and yet he hath a greater al∣lowance from the House towards his chardges. The antient use hath been (before such time as the Professors of the Law did multiply to that num∣ber, as now they are) to chose but one single Reader in a year, who all∣ways Read in Summer; and for Lent Vacation a double Reader was appoin∣ted; so as in those days, men came to be single Readers at xv. or xvi. years standing in the House; and Read double about seaven years af∣ter: But if that Course should be now observed, the number of Utter∣Baristers being so great, many other would not live to Read at all, or be very old ere they did attain thereto.

These Readers and Benchers do enjoy divers privileges above the rest of the Society: For first they are

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Governours of the House, and in their Parliament Assemblies, have power to make Orders to bind the rest: and out of Parliament, have power also at the Bench Table, to punish such as shall transgress their Orders; either by Fine, forfaiture of their Chambers, putting out of Commons, or expulsion from the House; but not by imprisonment.

Secondly, every single Reader is al∣lowed one Clark in Commons, pay-only 2.—6d. the week: and every double Reader two Clarks in Com∣mons, at the like rate: but note, that the two auntient Cupboard-men have like allowance of one Clark apiece in Commons.

Thirdly, every Reader, during the time of his Reading, hath power to admit any into the Society, paying the usual rate for his admittance; viz. five marks for a general admit∣tance, and five pounds for a special admittance: and this is to be under∣stood only of such as intend to be Students; but of Lords, Knights, and such like, he may admit, ans nombre, any without paying any Fine for such admittance. besides, heretofore (as hath been noted) a single Reader was allowed to call two the Bar, du∣ring the time of his Reading, and a Double-Reader four: but of late none have been called to the Bar, except at the general Calls, and by the whole Bench in Parliament.

Fourthly, a Bencher* 1.20 hath this pri∣vilege, that his Son is to pay nothing for his admittance into the House, or into any Chamber; but this hath not been allways so, the favour being granted to them by an Order in their Parliament an. 25 Eliz.

Fiftly, every Bencher is permitted to have a Chamber to himself, with∣out a Chamber-fellow, whereas o∣thers go two to a Chamber. And this privilege also began by an Order in Parliament, made an. 20 Eliz. where all Benchers are included, as∣well Readers as others. They like∣wise have choice of the Chambers that fall void, and pay no Fine for their admittance thereunto. And in this matter of choice, a Reader all∣though puisne, is preferred before an Associat to the Bench, being his aun∣tient, for which there was a late Or∣der made an. 14 Iac.

The Benchers also do come with∣in the Bar at the Chapel of the Rolls, and sit there promiscuously amongst the Serjeants at Law, and the King's and Queen's Councel learned. They are likewise heard by the Master of the Rolls, in course, and before all Utter-Baristers, being called in by him (from the Utter Bar) so soon as he first hath notice of their being called to the Bench in their respec∣tive Societies.

If any member of this Society be made Recorder of the City of Lon∣don, he is to be the next Reader, though he be not of Reader-stand∣ing.

It fell out in the year 1635. that Sir Henry Calthorp Knight (then the Queens Sollicitor general) was made Recorder of London; and there∣upon, in Michaelmass Term, he was by the Benchers in Parliament de∣clared to be the next Lent Reader following, and before Mr. Raphe La∣thum (who was then the City Ser∣jeant, and his immediate Antient:) Notwithstanding which Act of Par∣liament, and declaration by their Masterships made thereof unto the Society; Afterwards upon the death of Sir Walter Pye, Sir Henry Calthorpe being made the Kings Attorney in his Court of Wards, and deserting the Recordership; the Term fol∣lowing Mr. Lathum would not give way to Sir Henry, but took his turn in course, according to his anti∣quity, and did Read in Lent fol∣lowing.

Sixtly, Serjeants at Law have all∣ways being chosen from amongst the Readers; yet the power of the Prince is not to be disputed, whensoever he shall please to call any man to that Degree, who never Read; which hath been seldome seen. And if any person receive a Serjeants Writ, ei∣ther in Hillary Term, returnable in Easter Term; or in Trinity Term, returnable in Michaelmass, so as there be a Reading time between the re∣ceipt and the return of the Writ, the

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party to whom such Writ is sent, is to Read in that next Vacation, whe∣ther he hath before Read or not: And allbeit he hath before been a Double Reader, yet that excuseth him not. And in all general Calls of Ser∣jeants by Writ, returnable as above∣said, the puisne of them is to Read in the Vacation following: other∣wise it is in case and when there is no Reading Vacation between the Teste and return of the Writ.

Note also, that if there be a Rea∣der elected and nominated in Parlia∣ment, and afterward another re∣ceives a Serjeants Writ; in such case both of them, by the Orders of this House, are to Read; viz. the Serjeant in respect of his degree, is to supply the first week of the Reading, and the Reader elect the second week: But if a Serjeants Writ be delivered to a Reader of this Society, before any nomination in Parliament of any Reader, then it seems the Serjeant alone is to supply the whole next Reading.

Likewise if any member of this House receive a Serjeants Writ, he is then forthwith placed at the upper end of the Bench Table above all o∣ther Reader, as being a Serjeant elect, though not compleat: and notwith∣standing such his Writ, he continues still a Bencher, and in Commons, un∣till the day of solemniry and receive∣ing of the Coif; at which time he takes his leave of the House, in this manner.

The Morning of that day, all the Benchers, Baristers, and Students of this Society, meet in the Hall, whi∣ther comes the Serjeant elect; to whom the Treasurer of the House makes a grave and learned speech; and in the conclusion thereof, pre∣sents him (as from the whole Socie∣ty) with a Purse, and ten pounds therein. Which done the Elect Ser∣jeant makes a congratulatory Ora∣tion; which sum of money is raised by a Collection from every one of this Society, viz. iiis. iiiid. apiece. But note, that the last Moot night, before the creation of these Ser∣jeants, all the elect Serjeants sit at the Moot, on a form, not on the Bench; and there argue the Case. But albeit a Serjeant at the Law, doth in manner aforesaid, take his leave of the Socie∣ty, yet he shall remain a member thereof to some purposes; and therefore still keepes his Chamber, untill he be preferred to one in one of the Serjeants Innes. Yet some hold, that this is rather by favour of the House than of right. Besides, if a Serjeant at Law be suspended from his Degree, by reason of any Office given unto him by the King; as if he be called to be the King's Attorney general or Sollicitor, in such Case he returns again into Commons in the Society, without any new admir∣tance. Moreover, when any Serjeant at Law of this Society is made a Iudge, he is accompanyed to West∣minster Hall, by all the Fellows of the House, as being a fellow member with him: and being a Iudge, the Bench resort unto him oftentimes for his advice and assistance in matters touching the goverment of the House.

A Reader also takes place, not on∣ly within this Society, but elsewhere abroad, of all such as have not been Readers, though their auncients: so doth not an Utter-Baristser, as was de∣clared by an Order of the Bench, made an. 9 Iac. whereby Utter-Bari∣sters were not to have antiquity at the Mootes abroad, above others of the House their auncients, and not of the Bar. Howbeit, in the former Case of a Reader, some say, that a Reader in his own House only takes place of the auncients that have not been Rea∣der; and likewise abroad of all those who are past their Reading, but not of such as are their auntients, and whose turn is not yet to come to Read. But clear it is, that a Bencher, within his own Society gives place to none but his Auncients that have Read, unless to such as are advanced to some eminent office or place: and therefore, if his puisne be made a Knight, yet, within the House he hath precedence of him: But if his puisne be made the King's Attorney general, Sollicitor, Re∣corder of London, or the like; in such Cases he takes precedency of

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Note also, that the Associate is not of right preferred to any Chamber in the House; or to have his choice, when any alls void: neither is he to sit at Revells amongst the other Benchers.

There are other persons also that are (in truth,) to all purposes Bench∣ers, and yet in some respects have preeminence above them; as are Sereants at the Law elect; which are such Benchers of the House as receive Writs to be called to the State and degree of a Sereant at the Law. These, between the delivery of the Writ unto them, are the return thereof, remain still Benchers, and take their place at the upper and of the Bench Table, above all the rest.

There is likewise an Officer,* 1.21 cal∣led the Baiff of the Mootes, who is elected always upon the Saturday im∣mediately after Dinner, before every Reading. He is exempt from all manner of Exercises during the Rea∣ding time, in respect that he is to receive all the Moot-Cases, which all the Readers of the Innes of Court and Chancery do go out upon: and then he doth assign to all Gentlemen that are Moot-men (as well them of the Bar as Under graduates of this Society) to go out in their turns, and to direct them to what Innes, and upon what Cases they are to go out upon; and to see that they do accor∣dingly; also that there be no fay∣lers; which if there be, it is five pounds forfaiture to him that is as∣signed, and xx 5. a piece to all the other Mootes men in Commons, who are not assigned by the said ayliff to go out (at the same time) unto some other of the Innes of Chancery. And it is five pounds forfaiture to the ayliff, if he do not see the same fayler recorded by the puisne Butler in the Moot book. He is also to see, that all the Moot Cases be likewise recorded; and that all the Moots mens names be recorded who did go out upon those Cases. And he is to direct the Cook to dress a made Dish for every couple of Mootes men that go out together; which they are to have at the next meal following, be∣sides

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Mr. Reader's Exceedings. He is also to see, that the Mootes men do pay their due Fees unto the puisne Butler, for recording their Mootes. This Officer is eligible (at the time before mentioned) only by a Parlia∣ment of Baristers, and such Under∣graduates as have been formerly Mootes men; none else of the So∣ciety having any Vote at their elec∣tion.

Touching Fines,* 1.22 there are several sorts; First for Admittances into the House, into a Chamber; or Fines imoosed for any offence, pro non le∣gendo &c. which are uncertain, and arbitrary according to the pleasure of the Bench. By forfaiture is un∣derstood such penalty, for any neg∣lector misd meanour, as are allways certain and known before hand; as xiid. for every one, that comes, ei∣ther into the Church or Hall, in a Ht, o 〈◊〉〈◊〉 out a round Cap. Like∣wise iii. iiiid. of every one that fails his attendance at the solemn Revells; or of every Utter-Barister, that at∣tends not at the Parliament, when the Bench calls for them. Also of every Utter-Barister xls. who neg∣lecteh to Moot, being assigned. He that commits a Fayler, being assign∣ed, forfaiteth for the first offence five marks: For every Fayler afterwards v1. They who are bound to keep Vacations and fail; under the Bar, for every Vacation do forfait xx. and being Baristers v1.

Lastly Pensions are certain moneys,* 1.23 paid yearly by every one of the So∣ciety; viz. v. viii. per annum: but the sum is payable by xxd. a Term; which is alike paid, both by the Students, Utter-Baristers, and Benchers, whether they be in Com∣mons or not: for though any man, being of this society, discontiue di∣vers years; yet whensoever he comes again, he is called upon to pay all arrerages: howbeit, if there be any reasonable excuse for his absence, the Treasurer (who hath sole power therein) will compound with him at an easier rate. Which moneys, so received, are by the Treasurers di∣rection disbursed, partly for necessa∣ries belonging to the House; as Ta∣ble-linnen, Coles, Pewter-vessell, wages for Officers and Musicians; and partly reparations or new build∣ings; which last are never underta∣ken, but by the general approbation and allowance of the whole Bench, in Parliament. And these Reparati∣ons are wholy left to the discretion of the Treasurer; who, by the anti∣ent Custome of the House, ought to see to the repair of all tilings of Chambers, and the like; as also to the Glass-windows, and other ne∣cessary repairs of every Benchers Chamber, leaving things of orna∣ment to the owners proper costs.

Notes

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