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 2, 2024.

Pages

The diversity of Fellowships there, their manner of Study, and preferment therein.

ITem, that there is in the same House of the fellowship there, two Companyes; the one called the Clerks commens, the other called the Masters Commens.

Item the Clerks commens are such young men as are admitted to the fellowship of the House, who during two of the first years, or thereabout after their admission, shall dyne and sup together, and syt one more at a Mess than the Masters commens doth; and untill they be called up to be of the Masters com∣mens, they shall not pay the pension money of iiis. iiiid. a peice; neither pay so much for their commens weekly as the Masters commens doth, by vid. a peice: and they serve the Masters commens of their meat, every day at Dynner and Supper.

Item, that the Masters commens are such as have byn in the House, by the space of two yeres or there abouts; and then are by the Elders of the House, which they call Bench∣ers, called up to the Masters com∣mens, whereas they sit one less in a Mess, than the Clerks commens do; & pay vid. a week for their commens more than the Clerks commens do; and pay eche of them iiis. iiiid. yerely to the Treasorer for their pension.

Furthermore the Masters com∣mens are ferder divyded into three Companies; that is to say, no Utter-Baristers, Utter-Baristers, and Benchers

Page 194

Item those that be no Utter-Bari∣sters, are such as for lack of continu∣ance in the House, or because they do not study or profit in lernyng, are not by the Elders of the House called to dispute, argue and plead some doubtfull matter in the Law, which among them is called motyng, before the Benchers and Elders.

Item the Utter-Baristers are they, which after they have continued in the House by the space of five or six years, and have profited in the Study of the Law, are called by the Elders or Benchers, to plead, argue, and dis∣pute some doubtful matter in the Law, before certain of the same Benchers, in 〈◊〉〈◊〉 terme time, or in the two princi∣pal times in the yere, of their lern∣••••••s, which they called Grand Vacati∣ons; and the same manner of argument or disputations is called Motyng: and this making of Utter-Baristers, is as a preferment or degree, given him for his lernyng.

Also the Benchers are those Utter-Baristers, which after they have con∣tinued in the House, by the space of fourteen or fifteen years, are by the Elders of the House chosen to reade, expound, and declare some Estatute openly unto all the Company of the House, in one of the two principall times of their learning, which they call the Grand Vacation in Summer: and during the time of his Reading, he hath the name of a Reader, and af∣ter of Bencher.

Item, that they have two chief times of lernyng with them, which they call their grand Vacations; the one doth begin the first Munday in cleane Lent, and doth continue three weekes and three days, in which time one of the Elders or Benchers, that hath before time read, and ex∣pounded some Estatute, doth then read and expound some other Statute again: The other doth begin the first Munday after Lammas day, and doth continue three weekes and three days, in which doth rede such as are first chosen to be Benchers.

Item by the old Custome of the House, all such as are made Fellows of the House, unles they be dispensed withall at their Admittance, are compelled to be personally present, at two the first grand Vacations in Lent, after their coming: At two the first grand Vacations in Summer, after their comyng, and two the first Christmasses, that be solemly kept, after their comyng, upon peyne of forfaiture of xx s. for every defaut.

Item all they, that are Fellows of the House, except at the time of their admittance they be dispensed withall, or for their lernyng be pro∣motyd and made Utter-Baristers, are compelled to excercise all such roomes and offices, as they shall be called unto, at such time as they kepe a solempne Christmass, upon such peynes as are by old Custome used to be assessed for the refusall of oc∣cupying of such offices.

Furthermore in the same graund Vacations, when that one of the El∣ders doth rede and expound an Esta∣tute, such Utter-Baristers as are of long continuance, do stand in a place together, where as they reherse some one opinion, or saying of him that readeth, and by all ways of lernyng and reason, that can be invented, do impugne his opinion: and sometimes some of them do impugne it, and some other do approve it, and all the rest of the House give care unto their disputations; and at last the Reader doth confute all their sayings, and confirmeth his opynion.

Also in the same grand Vacations, every day at night, except Sonday, Saturday, or some feste of ix. Lessons, before three of the Elders or Bench∣ers at the leste, is pleadyd and de∣clared in homely Law-french, by such as are young Lerners, some doubtfull matter, or question in the Law; which afterwards an Utter∣Barister doth reherse, and doth argue and reason to it in the Law-frenche: and after him an other Utter-Barrister doth reason in the contrary part, in Law-frenche also; and then do the three Benchers declare their myndes in English; and this is that they call motyng; and the same manner is ob∣served in the Terme time.

Furthermore, besides this; after Dynner and Supper the Students and Lerners in the House, fit together by three and three in a Company; and

Page 195

one of the three putteth forth some doubtfull question in the Law, to the other two of his Company; and they reason and argue unto it in Englishe; and at last, he that put∣teth forth the question, declaryth his minde, also shewing unto them the judgment or better opinion of his Boke, where he had the same que∣stion: and this do the Students ob∣serve every day through the yeare, except Festivall days.

Also after the Term ended, and after the two grand Vacations ended, then the young men that be no Ut∣ter-Baristers, do dispute and argue in Lawe frenche, some doubtfull que∣stion, before the Utter-Baristers, who at the last, do shew their opinions, in Englysh, thereunto: and this manner of disputations is called meane Vacation Motes, or Chapell Motes.

Item that the Myddil Temple doth finde two Readers, which are Utter∣Baristers unto two Houses of Chan∣cery; that is to say Stronde-Inne, and New-Inne: which Readers do reade unto them upon some Statute in the Terme time, and in the graund Vaca∣tions: and they of the Houses of Chancery do observe the manner of disputations and motyng, as they do in the Temple: and their Readers do bring eche of them two with him of the Temple, and they argue unto it also.

And besides this, in the graund Va∣cation time, out of the four Houses of Court, come two and two to every House of Chancety; and there ac∣cording to their yeares and continu∣ance of the House that they be of, which they call auncienty, they do argue and reason to some doubtfull matter, that is proponed, so that the most youngest doth begyn, and the next to him in continuance doth fol∣low; and at last he that readeth to that House of Chancery, doth declare his opynion in the matter that is cal∣led in question.

There is none there, that be com∣pelled to lerne, and they that are learners, for the most part, have their Studies and places of learning so sett, that they are much troubled with the noyse of walkyng and communica∣tion of them that be no learners: and in the Terme time they are so un∣quieted by Clyents and servants of Clyents, that resort to such as are Attorneys and practysers, that the Students may as quietly study in the open streetes, as in their Studies.

Item, they have no place to walk in, and talk and confer their learn∣ings, but in the Church; which place all the Terme times, hath in it no more quietnesse, than the Pervyse of Pawles, by occasion of the conflu∣ence and concourse of such as are fu∣ters in the Law.

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