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. ...

Exercise for Learning.

AT a Pension held here 3 Iulli 3. & 4. ph. & M. it was orde∣red, a 1.1 that every Fellow elected to be one of the Ancients of this Society, should thenceforth, for the whole time of every the nine Vacations next ensuing their said election, be atten∣dant aswell upon the Reader, for his Autumnal and Lent Vacations, as upon the Marshall chosen at the Feast of the Nativity of our Lord, upon the penalty of xl^•. for every one ma∣king default:

In 12 Eliz. at a Pension held 24 Ian. it was ordered,b 1.2 that from thenceforth in Hillary Term, and Midsummer Term, the Mootes should be kept ••••ee dayes in every week; viz. Munday, Tuesday, and Thursday, if none of those dayes were Holy∣day; and if so, then the next follow∣ing: and that the Case be alway as∣signed upon Sunday after Supper: As also, that upon the other days not appointed for the Mooting, it should be lawful for the Utter-Barristers to keep Bolts: and when they shall sit, other Students to be bound to put Cases, according as had been accusto∣med in Michaelmass Term. And in 16 Eliz. (26 Iunii) it was farther ordered,c 1.3 that two Bolts should be kept in every Term on such dayes when there is no Moot kept, other than on Holy-days and half Holy∣days; upon penalty that every Utter-Barrister then in Commons,* 1.4 should forfeit for the not keeping of every Bolt lost, iii^•. iiii^d. And every Inner-Barrister, for the not putting of Cases, according to the old order, to pay ii ^•. for every default. As also, that every Utter-Barrister assigned in the Moot, who should not Moot in pro∣per person that week, to forfeit ten shillings.

In 21 Eliz. (22 Iunni) there was an orderd 1.5 made, that the Readers of Chancery, should as well keep their Readings, as their Mootes, according to the ancient Orders therein used; scil. for the Term time to read the Tuesday and the Thursday, and to keep the Mootes on the Wednesday and Fri∣day: and in the Reading times their grand Mootes according to the ancient Customs, upon pain of the loss of e∣very Moot or Reading vi^s. viii^d. to be paid unto this House by the Reader for the time being. And in 25 Eliz. (24 Apr.) it was ordered,e 1.6 that the assignment of Utter-Barristers for Mooting in the Hall in Term time, should be according to anciency, and not after the former order of Cham∣bers, as had been before that time: And for the more certainty in the same, that a Table should be made of the names of all Utter Barristers, and those to be set down in their an∣cienty, before the beginning of the following Term, and to be set up in the Library: And when any Utter-Barrister should Moot, according to his course, being in Commons, and another his ancient to come into Commons the same Term after such Moot kept by his Puisne; then such ancient Utter-Barrister, so come in to keep the next course, untill the next Utter-Barister following in course by the same Table. Which Order for Mootes in the Library, viz. by anci∣enty, and not by Chambers, accor∣ding to the usage in the Hall, was ratifyedf 1.7 6 Febr. 9. Eliz.

In 2 Iac. (24 Oct.) it was ordered, g 1.8 that thenceforth, upon the Sunday at night, should be neither Bolt, nor Case assigned, but that the case should be assigned upon Munday night con∣tinually, whether it be Holy-day, or

not. And in 16 Iac. (10 Iunii) that h 1.9 some one of the third Table should assign the Case, if any were in Com∣mons; but if none were in Com∣mons, then all the Gentlemen under the Bar to be amerced, if any default should be made: And whosoever had assigned it once, to be excused for that Term. Also in 19 Iac. (24 Oct.) thati 1.10 the Reader for the time being, after he hath taken his place, shall keep Mootes in the Library, all the Vacation, between the Term and time of his Reading: And if in case of necessity he cannot do it in his own person, then to supply the place by a sufficient Deputy. And that he shall also keep Mootes in the Hall, in the time of his Reading, according to the ancient Orders of this House; and for every default to be amerced x^s. to be paid before he be admitted to sit at the high Table after his Rea∣ding, or to have any place in Pension. Likewise, that the Readers of the Inns of Chancery, for the time being, shall keep the Mootes twice a week in the Term time at those Houses whereof they shall be Readers; and keep Moots at the Inns of Chancery in the Reading time, according to the ancient Orders of this House, upon pain and being amerced for every de∣fault that they shall make of a petty Moot x^s. and of a grand Moot xx^s. And that the Barristers, in the time of serving of their Vacations, if they be in Commons in the Reading time, shall keep the Mootes at the Innes of Chancery, upon pain of being a∣merced for every grand Moot x^s. and for every petty Moot iii^s. iiii^d.

The next year following (scil. 28 Maii 20 Iac.) here was an Orderk 1.11 made, that all Ancients of that call, or any call thereafter, should serve out all their nine Vacations, although their Puisnes had read: and that their being past their Reading should be no excuse for them, unless they had read themselves, but that they should pay the fine of iii^l. if they be absent at the Reading: And if pre∣sent at the Reading, then to be seaven weeks in Commons, if it be in Sum∣mer Vacation; and five weeks, if in the Lent Vacation, according to the ancient Orders of this House. And, that the Reading of their Puisnes, or calling to the Bench shall be no dis∣charge to them, but every Ancient to pay his fine, for his default, in case of his absence, or being in Com∣mons, if he be present, aswell as if his Puisne had not read, or been called to the Bench. Moreover, in 22 Iac. (9 Febr.) it was f••rther or∣dered l 1.12 that those Ancients and Bar∣risters as had been, then were, or af∣ter that time should be members of the House of Commons in Parlia∣ment, should serve their Vacations as other ought to do who were not Par∣liament men.

Also, in anno 1629. (5 Car. 1. 11 Febr.) there was an orderm 1.13 made, that every Barrister, who is to serve his Vacations, shall upon every fail at the grand Mootes, forfeit xx••s. if he be in Town, and in Commons: And that the Reader, for the time being (at the next Pension after eve∣ry Reading) shall present the names of those that make defaults; as also the names of all such Students, and the number of their Exercises which they shall perform in every Reading. And about two years after (viz. 25 Nov. 7. Car. 1.) it was also ordered n 1.14 that the fourth ••utler should thenceforth keep a Book, wherein the Exercises of the Gentlemen un∣der the Bar shall be set down and recorded, in manner as followeth; viz. for the Exercises abroad at the Inns of Chancery, the Surveyor of the Mootes shall certifie every several Exercise performed, and by whom, to the Reader, at the end of every Reading; and the Reader to confirm the same under his hand, and then to be registred in the book aforesaid. And for the Mootes performed in the Library, the Ancients and Barristers that shall sit at the Case, shall sub∣scribe to the names of those that mooted before them in the aforesaid Book; to which end the Butler is to attend the Barrister with the Book upon every such occasion.

Notes

• a 1.1

  〈…〉〈…〉
• b 1.2

  〈…〉〈…〉
• c 1.3

  Ib. f. 41. b.
• * 1.4

  Exercises for learning.
• d 1.5

  Ib. f. 87. b.
• e 1.6

  Ib. f. 166. a.
• f 1.7

  Ib. f. 189. b.
• g 1.8

  Ib. f. 263. ••.
• h 1.9

  Ib. f. 320. a.
• i 1.10

  Ib. f. 337. a.
• k 1.11

  Ib. f. 339. b.
• l 1.12

  Ib. f. 356. b.
• m 1.13

  Ib. f. 380. ••.
• n 1.14

  Ib. f. 390. a.