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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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.
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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.
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http://name.umdl.umich.edu/A36799.0001.001
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"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

Cap. LXX. (Book 70)

Orders relating to all the Innes of Court. (Book 70)

Orders made and agreed upon,* 1.1 be observed and kept in all the four Houses of Court xxii Iu∣nii A. D. MDLVII. 3. & 4. Ph. & M.* 1.2

1. THat none of the Companions except Knights, or Benchers, from the last day of September next, wear in their Doublets, or Hoses any light colours, except Scarlet and Crimsons; or wear any upper Vel∣vet Cap, or any Scarf; or Wings in their Gowns, White Ierkyns, Bus∣kins

Page 311

or Velvet Shooes; Double Cuffs on their Shirts; Feathers, or Ribbens on their Caps, upon pain to forfeit, for the first default iii s. iii . and the second, expulsion without redemption.

2. That none Attorney shall be admitted into any of the Houses. And that in all Admissions, from hence∣forth this condition shall be implyed; that if he that shall be admitted, pra∣ctise any Attorney-ship, that then ipso facto to be dismissed; and to have li∣berty to repair to the Inn of Chancery from whence he came, or to any o∣ther, if he were of none before.

3. That none of the Companies of the said Houses, shall wear their Study-Gowns into the City, any fur∣ther than Fleet-bridge, Holburn-bridge, or to the Savoy, upon like pain as last before.

4. That none of the said Compa∣nies, when they be in Commons, shall wear Spanish Cloak, Sword and Buckler, or Rapier; or Gowns and Hats; or Gowns girded with a Dag∣ger on the back, upon the like pain.

5. That the Mote-Cases in every of the Houses of Court, for the Vaca∣tion time, do not contain above two points argumentable; and that the same cases be brought in pleading, and the Puisne of the Bench to recite the whole Pleading, according to the ancient Orders and custome: And that none of the Bench shall argue above two points; and if he do, then the Reader shall shew him, that he breaketh the Common Order, and so reform it.

6. That every Reader of Chancery give order to their Houses of Chan∣cery, that the said Orders for Ap∣parel and Weapons, and Study∣gowns, be observed by their Com∣pany, in manner and form before re∣hearsed.

7. That none of the said Compa∣nies, under the degree of a Knight, being in Commons, do wear any Beard above three weeks growing, upon pain of xl s. and so double for every week after monition, that he shall be so in Commons.

8. That no Reader of any House of Court, shall have at his Dinner above three Guests; and the Stewards of the same Dinner to have either of them but one Guest; and that other of the said Stewards exceed not in the charges of the said Dinner, the sum of xl s.

Orders made by the Iudges upon all Souls day, in the first year of Queen Eliz. reign, for all the Inns of Court, with special Charge, that they should after that time be observed.* 1.3

1. THat none should wear any Sword or Buckler,* 1.4 or cause a∣ny to be born after him into the Town.

2. That no Fellow of those Soci∣eties should wear any Beard above a fortnights growth.

3. That an exhortation should be given to the utter Barr, that none should come to any Barr at Westm. and specially to be Chancery or White-Hall, under ten years continuance.

4. That order should be taken for reformation of excess in Apparel, ac∣cording to the Statute.

5. That for wearing of Swords or Bucklers, the forfeiture for the first offence, to be ii s, iii d. to be paid and cast in Commons: for the se∣cond time vi s. vii s. in like manner to be paid and cast in Commons, and the third time to be banished the House.

6. That none should wear any Valvet upper cap, neither in the House, not City. And that none af∣ter the last day of Ianuary then ensu∣ing, should wear any Furr, nor any manner of silk in their Apparel, other∣wise than he could justifie by the Sta∣tute of Apparel, made an. 24. H. 8. under the penalty aforesaid.

7. And that none should wear any great Hose, after the xxth. day of that present month of November, upon the penalty aforesaid: Nor any Ap∣parel, otherwise than he could justi∣fie by the Statute of 1. & 2. Ph. & M.

Page 312

Orders necessary for the government of the Innes of Court, established by commandement of the Queens Ma∣jesty, with the advice of her Privy Counsell, and the Iustices of her Bench, and the Common Place at Westminster in Easter Term; an. 16. Reginae Elizabethae. 1574.* 1.5* 1.6

IMprimis,* 1.7 that no more in number be admitted from henceforth, than the Chambers of the Houses will re∣ceive, after two to a Chamber: Nor that any more Chambers shall be builded to increase the number; sa∣ving that in the Middle Temple they may convert their old Hall into Chambers, not exceeding the num∣ber of ten Chambers.

Item, if any hereafter admitted in Court, practise as Attorney or Soli∣citor, they to be dismissed and expul∣sed out of their Houses thereupon; except the persons that shall be Soli∣citors shall also use the exercising of learning and mooting in the House, and so be allowed by the Bench.

Item, none to be suffered to have any Chambers, or to be in Commons in any of the Houses of Court, which upon publick admonition, once given by any Reader, Bencher, or Utter-Bar∣rister doth not come and remain at the usual Common Prayers at the Church and Chapels of the same House.

Item, none hereafter admitted shall enjoy any Chamber, or be in Com∣mons, unless he do exercise Moots, and other exercises of learning within three years after his admission; and be allowed a Student or Inner-Bar∣rister by the Bench.

Item, none to be called to the Utter-Barr, but by the ordinary Counsell of the House, in their general ordinary Counsels in the Term time.

Item, none to be Utter-Barrister, as is aforesaid, to continue Utter-Barri∣ster, unless he do by the space of three years after, exercise ordinary Moot∣ings, and other ordinary exercises of learning; both in Court and Chan∣cery, as the Bench shall allow.

Item, none to be admitted to plead at any of the Courts at Westminster, or to subscribe any Action, Bill, or Plea, unless he be a Reader, or Bencher in Court, or five years Utter-Barrister, and continuing that time in exercise of learning; or a Reader in Chancery two years at the least; and upon ad∣monition as aforesaid shall be at Common Prayer, as afore is limited.

Item, none to be allowed to plead before the Iustices of Assises, except he be allow'd for a Pleader in the Courts at Westminster, or shall be all owed by the Iustices of Assises to plead be∣fore them; and upon admonition as aforesaid, shall be at Common Prayer as is afore limited.

The Reformation and order for the Innes of Chancery, is referred to the consideration of the Benchers of the Houses of Court, whereto they are belonging; wherein they are to use the advise and assistance of the Iusti∣ces of the Courts at Westminster, and thereof to make a Certificate to the Privie Counsell at the second sitting the next Term in the Starr Chamber.

Item, touching Apparel they shall observe such orders in their degrees, as shall be shortly set forth by the Queens Majesties Proclamation for the Apparel of all estates gene∣rally.

  • N. Baconc. C. S.
  • W. Burghly.
  • E. Lincoln.
  • T. Sussex.
  • Arundell.
  • A Warwick.
  • R Leicester.
  • F. Knolles.
  • Iames Croft.
  • T. Smith.
  • Fran. Walsingham.
  • Wal. Mildemay.

Page 313

Orders made by the Iustices of both Benches, and Barons of the Exche∣quer, for the better regulating of the Readings in all the Inns of Court.* 1.8

WHereas the Readings in Hou∣ses of Court,* 1.9 have time out of mind continued in every Lent, and every August yearly, by the space of three weeks at the least, till of late years, that divers Readers in the same Houses have made an end of their Reading in farr shorter time, and have read fewer Readings, than by the antient Orders of the said Hou∣ses they ought to do; to the great hindrance of learning, not only in the said Houses of Court, but also in Houses of Chancery, by reason that the Exercises of Moots, very profi∣table for study, are by occasion there∣of, cut off almost the one half there∣of, or more: The excessive and sumptuous charges of which Rea∣dings, brought in of late times, con∣trary to the antient usage, have been, or are (as it is thought) the chief, or a great occasion of the same: which, if it should be permitted, would be almost an utter overthrow to the learning and study of the Law, and consequently an intolerable mischief to the Common wealth of this Realm; the two Chief Iustices, and Chief Baron, and all the residue of the Iustices of both Benches, and the Barons of the Exchequer, well perceiving, that these late Exam∣ples of short and few Readings are so dangerous, as they are no longer to be suffered, have thought it very necessary, that the same Readings, and charges of the Readers, shall be from henceforth used as followeth.

First, that all Single Readers in eve∣ry of the said Houses of Court, shall continue every of their Readings by the whole space of three weeks, or till Friday in the third week after the be∣ginning of every such Reading, at the least. And that there shall be as ma∣ny Readings in every of the said three weeks, as by antient Orders of the same Houses have been accustomed. And if there shall be any cause al∣lowed by the Benchers of the said Houses, for fewer Readings; there shall be, notwithstanding any such cause, or excuse, three Readings in every of the said three weeks at the least; any Order to be taken to the contrary notwithstanding.

And to the intent that the charges of the same Readings, may not be o∣ver great or burthenous to the same Readers; it is ordered and thought meet by the said Iustices and Barons, that no such Reader shall allow any greater dyet in the Hall of every such House, either in Wine or Meat, than was allowed usually, before the first year of the Queens Majesties Reign that now is; viz.

That the Stewards of the Readers drinking shall not expend about the same, above the Sum of twenty marks; that is to say▪ either of them vi 1. xiii s. iiiid. And that the two Stewards of the Readers Dinner, shall not defray about the charges of the said Dinner, above x1 viz. ei∣ther of them ten pounds at the most. And that no Reader shall have more Wine to be spent in his Reading, than two Hogsheads at the most.

And that no Reader shall make any Dinner, or be at any charge in this House, but in the Reading time, and not in the Term before his Reading.

And the said Iustices do think it meet, that the said Readers should be advised by the Benchers of their Houses, not only in the proportion of their own Dyet, but also what number of Guests, and of what sort they should bid to their Table, du∣ring their Reading, to the intent that a mediocrity may be used frugally without excess.

Orders set down by the general consent, as well of all the Iudges, as of the Bench of Grays Inne, hereafter to be strictly observed in that Society.* 1.10

FIrst, none shall be called to the Barr,* 1.11 but such as be of conve∣nient continuance, and have perfor∣med Exercises three years before they be called; that is to say, have gone abroad to grand Moots six times: have mooted at the Utter-Barr in the Library six times: and have

Page 314

put Cases at Bolts in Term six times, and thereof bring due Certificate; of the first from the Reader, the Anci∣ent that goeth with him, and the Principal in the Inns of Chancery: of the second from those two that sit at the Bench; and of the third from those three that sit at the Bolt.

2. The Utter-Barristers which shall be called at one Reading, shall not exceed the number of four; and if the Reader presume to swear any more, the Reader shall be fined by the Bench; and such as shall be sworn after the number filled, shall be dis∣abled to be confirmed, and their names shall be given up to the Iudges, that they may be restrained from practice. And of the four that shall be called by the Rea∣ders; if the Bench do disallow any, they likewise shall be disabled, and their names also given up to the Iudges, to the intent aforesaid.

3. None shall be called to Read, in regard of Antiquity, or course; but such as are men of good sufficiency, for their learning, credit, and integri∣ty to serve in the Commonwealth: and none shall be admitted to Read single, that hath not been a continuer, both in four Terms, and two Rea∣dings, by the space of one whole year next before his Reading. And never∣theless it is not meant, but their ser∣ving two Vacations after the Rea∣ding, according to former orders, shall stand and continue.

4. The names of such as have Read double, or shall Read double, shall be given to the Iudges, who have promised to give them prehe∣minence of hearing, after Serjeants, and her Majesties learned Councell, to the end to draw them thereto the more: yet nevertheless the calling to double Readings, or otherwise to dispense therewith, is left as hereto∣fore to the discretion of the Bench.

5. Every single Reader shall conti∣nue out his Reading, untill the Friday in the third week; and shall observe former orders, touching moderating of excess in Dyet.

6. No Utter-Barrister shall be cal∣led by Letters, or for any reward; and every one that shall bring any Letter, or use any corrupt means, shall be ipso facto disabled, and his name shall be given up to the Iudges, to the end that he may be restrained from practice; and the Reader that calleth him shall be fined by the Bench, and his name also given to the Iudges for his farther rebuke.

7. The Readers in Court and Chancery, shall make their Cases short, not containing above three points; and there in Reading in Court as much vpon the Statute as may be.

8. The pleadings in Moots, both in the Hall and Library, and Inns of Chancery, by the Inner-Barristers, shall be rehearsed without Book, and in no wise read: And so likewise by the first of the Utter-Barristers, and by the Puisne of the Bench, be he Reader, or otherwise; and not to go to the Case without the Pleading re∣cited.

  • Iohn Popham.
  • Will Peryam.
  • Tho. Wamysley.
  • Edmund. Anderson.
  • Francis Gawdy.

Orders to be observed by the Inns of Court and Chancery.* 1.12

FIrst,* 1.13 that none be called to the Barr, but such as be of conveni∣ent continuance, and have used the Exercises of the House, as in arguing of Cases, putting at Bolts, and keep∣ing of the Moots and Exercises there three years at the least, before they be called.

2. That there be not above three or four at the most to be called to the Barr, at any Reading, and those to be called by the Reader, where in times past it hath been so used of such as he will answer for; and yet the same not to stand but for such of them only as shall be allowed by the Bench, at the first Parliament the next Term after the call; or otherwise by the grand Counsell, where it hath been so used; and the names also of those that shall be so called to be delivered by the Reader, or Treasurer of the House, the said next Term, to the an∣tient Iustice of that House, or (if none such be) then to the Chief Iustice for the time being.

Page 315

3. That none be admitted to Read but such as be esteemed for their learning and credits fit to serve in the Common-weal,* 1.14 and such as have at∣tended the Readings in the Exercises there two years before their call to that place, unless vpon some reasona∣ble cause of let to be signyfied unto the antient Iustice of that House; or (if none such be) then to the chief Iustice for the time being, it shall be thought otherwise convenient.

4. That no single Reader be admit∣ted to Read in Lent, but that the same Reading be alwaies supplyed by a double Reader, as heretofore hath been accustomed, unless vpon some speci∣al occasion to be allowed of by the Iustices of that House, or if none such be, by the chief Iustice or chief Baron, or two of them, it be other∣wise thought convenient.

5. That before any be called to Read, a note of the names of three or four next in turn to Read be delivered to the Iustices of the House, where the same shall be; and in default of such Iustice, to the chief Iustices and chief Baron for the time being, to the end they may give their advice therein.

6. That the Readings be holden out the whole three weeks, as in ancient time was used; and that both for the diet and gifts to be admitted in Read∣ings, the former good orders in that behalf taken, may be from thence∣forth duly observed, as they will an∣swer vpon their credits the contrary.

7. That none be called to the Barr by any letters, corruption or reward, up∣on pain of expulsing the Reader, that calleth any such, and the party so called out of the House and fellow∣ship.

8. That the Readers be alwaies moved to make their cases short, not containing above two or three points at the most, and those as much vpon the Statute read over, as may be.

9. That in the Moots both in the Houses of Courts and Chancery, Plead∣ings be rehearsed, and used as hath been in former times past used; and thereupon to go to the Case, but not without the pleading drawn, pleaded, and rocited; and that no case in any Inne of Chancery do contain above three points, or questions at the most, and that the Cases be but short.

The answer to the former Orders, by the Society of Lincolns Inne.

1. To the first there are Orders al∣ready taken by the Counsell within our House heretofore tending to the effect of the same Article; which Order we have observed, and do purpose to continue the same.

2. To the second, the use within our House is not to call any to the Barr by the Reader, but by Common Counsell; at which Counsell we have good regard according to the same Order.

3. To the third, as the Benchers have heretofore had special care in appointing of the Readers from time to time; so we intend to have like care and regard from henceforth, ac∣cording to the Orders of our House, the rather in respect of your Lo. good directions.

4. To the fourth, we will endea∣vour to moved and perswade such of the Benchers of our House, as are in course to Read their Double Reading, to perform the same; yet it seemeth very difficult to effect, for that they suppose that their Double Reading is rather a hindrance than furthrance in their proceeding, besides their charge.

5. To the fifth, by the Orders of our House we use to choose one only Reader, who is chosen by the Com∣mon Counsell, and the same as suffi∣cient a man as we can choose, and the same Order our endeavour shall be to continue.

6. To the sixth, we will from time advise the Reader to observe the Order prescribed by your Lordships, and to that effect we have former Or∣ders in our House accordingly.

7. To the seventh, we will observe the same Article so near as we can; and we have former Orders to disable such from being called, as do seek the same by letters, and not by deserts.

8. 9. To the eighth and ninth Ar∣ticles, we will endeavour to observe to our utmost; and hath been our re∣gard heretofore at all times.

Page 316

But touching a Call of utter-Bar∣risters at this time, it may please your Lordships to understand the state of our House, as now it standeth, is, that almost for this three years there hath been no call to the Barr; and our Order is not to call at every Reading; but once a year, or in two years; and now there are many good Students of nine years, and ten years continuance, who by reason of their Study, Exer∣cises, and good behaviour, by all that time, are thought fit to be called.

At Serjeants Inne 20. Iunii, ann 38. Eliz.* 1.15

FIrst it was agreed by all the Iudges,* 1.16 by the assent of the Ben∣chers of the four Innes of Court; that hereafter none shall be admitted into Innes of Court, till he may have a Chamber within the House, and in the mean time to be of some Inne of Chancery.

2. Item, that none be admitted to the Barr, but only such as be at the least seven years continuance, and have kept the Exercises within the House, and abroad in Innes of Chan∣cery, according to the Orders of the House.

3. Item, that there be in one year only four Utter-Barristers called in any Inne of Court (that is to say) in Easter Term, two and in Michaelmass Term, two; where, by the orders of the House the Benchers call Utter-Barri∣sters, and where the Readers by the or∣der of the House do call, then only two by the Summer Reader in his Reading, and two by the Lent Reader in his Reading.

4. That such Students be called who be fittest for their learning and honest conversation, and well gi∣ven.

5. That the Readers hereafter be chosen for their learning, for their duly keeping of the Exercises of their House; for their honest behaviour, and good disposition; and such as for their experience and practice be able to serve the Common-wealth.

6. That every Reader continue his Reading three weeks, and to Read at least thrice every week, and oftener in such Houses as hath been used to Read oftner, upon pain to be taken as no Reader, and to be removed from the Bench, except only in case where they shall not be able to perform it by reason of sickness.

7. And that the Reader call few to his Table, and they to be of Ancients that attend his Reading; and only on the Sundaies strangers, and of them but few; and that excess in diet be not used.

8. That no Reader exceed the num∣ber of eight serving men in his Read∣ing to attend him, or under that num∣ber at his own pleasure.

9. That every Reader be assisted by such Benchers, Utter-Barristers, and Vacationers, during the time of his Reading, as ought by the orders of the House to attend him; vpon such penalty and forfeitures, truly to be imposed and levied, as by the orders of that House are or shall be limited and appointed, and vpon further pain that in case the Reader be not suffici∣ently assisted and accompanied tho∣roughout his Reading; that then such by whose default that defect groweth, shall be removed both from the Bench and Barr.

10. That Double Reading be straitly observed in every House according to the ancient Orders of every House.

11. That no Benchers be called but such as be fittest, both for their learn∣ing, practice, good and honest con∣versation, and that they call not to the Bench too often, but very sparing∣ly, in respect of the great multitude that there be already.

  • Concilium ibidem ten∣tum 9. Ian. 1. Iac.
    • Edward Coke.
    • Tho. Flemynge.
    • Iohn Brograve.
    • Francis Bacon.
    • Myles Sands.
* 1.17

WE,* 1.18 having received the Kings Majesties Pleasure and ex∣press Commandement, by the Right Honourable Sir Iohn Popham Knight, Lord Chief Iustice of England, and the rest of the Iudges, that none be from henceforth admitted into the Society of any House of Court, that is not a Gentleman by descent; do now

Page 317

therefore order, that from henceforth none shall be admitted into this So∣ciety contrary to the said commande∣ment of the King's Majesty.

We also order,* 1.19 by the advice and direction of all the Iudges of Eng∣land; that every Fellow of this So∣ciety, shall resort to our Chapel to Divine Service, and once in the year at the least, receive the Communion in our said Chapel; and that every Fellow of this Society, that shall wil∣fully refuse to come to the Chapel to hear Divine Service, or shall not once every year receive the Communion in the said Chapel, shall be expelled out of this society.

7. Nov. 12. Iac.

Orders for the Reformation and better Government of the Innes of Court and Chancery,* 1.20 agreed upon by the common and uniform consent of the Readers and Benchers of the four Houses-of Court:* 1.21 which Orders proceeded first,* 1.22 from his Majesties especial care and commandment; and were after re∣commended to the said Readers and Benchers, by the grave direction and advice of all the Iudges, set down the 7 th, of November in the xii th. year of the Reign of our Gracious So∣vereign Lord King Iames, and of Scotland the xlviii th.

1. FOr that there may be great a∣buse in the lodging and har∣bouring of ill subjects, or dangerous persons in the said Innes of Court and Chancery, being privileg'd and ex∣empted places: it is therefore order∣ed, that there be general searches in every House of Court and Chancery, twice every Michaelmass Term, to be agreed upon by the general consent of the Readers and Benchers of the House of Court; and likewise once every Vacation.

2. For that the Societies ought to give a principal Example of good go∣vernment in matters of Religion; and to be free, not only from the crime, but from the suspition of ill affection in that kind; it is ordered, that every Gentleman of the several Societies aforesaid, which shall be in Com∣mons at any time within one year af∣ter the publishing of these orders, and shall not receive the Communion by the space of one year together, shall be expelled ipso facto: and nevertheless the further Orders of every particu∣lar House in that behalf to stand in force.

3. For that the institution of these Societies, was ordained chiefly for the profession of the Law; and in a second degree for the education of the sons and youth of riper years, of the Nobility and Gentry of this Realm; and in no sort for the lodging or abode of Gentlemen of the Coun∣try; which, if it should be suffered were to disparage the said Societies, and to turn them from Hospitia to Diversoria: it is ordered, that no Knight or Gentleman, foreiner or dis∣continuer, shall be admitted or al∣lowed to lodge in any of the Societies aforesaid, or to be in Commons, ex∣cept he be an allowed Utter-Barrister.

4. For that there ought alwaies to be preserved a difference, between a Councellor at Law, which is the prin∣cipal person next unto Serjeants and Iudges in administration of Iustice; and Attorneys and Solicitors, which are but ministerial persons, and of an inferiour nature: therefore it is or∣dered, that from henceforth no Com∣mon Attorney or Solicitor shall be ad∣mitted of any of the four Houses of Court.

5. For that the over-great multi∣tude in any Vocation or Profession, doth but bring the same into con∣tempt; and that an excessive number of Lawyers may have a farther incon∣venience, in respect of multiplying of needless suits: it is therefore ordered, that there shall not be called to the Barr in any one year, by Readers or Benchers in any one Society, above the number of eight, or according to that proportion, being of continuance and having done the Exercises, according to the Orders of the several Hou∣ses.

6. For that the over-early and hasty practice of Utter-Barristers doth make them less grounded and sufficient, whereby the Law may be disgraced and the Clyent prejudiced: therefore

Page 318

it is ordered, that for the time to come, no Utter-Barrister begin to pra∣ctise publikly at any Bar at Westmin∣ster untill he hath been three years at the Barr; except such Utter-Bari∣sters that have been Readers in some Houses of Chancery.

7. For that the maintaining of the Readings in Innes of Court and Chan∣cery, in their due execution, is a prin¦cipal means to breed and increase learning; it is ordered, that no single Reader in any House of Court, shall give over his Reading before Wednes∣day in the third week. And that the Readers of every House of Chancery, shall read in person, and not by de∣puty, both in Term and Vacation, ex∣cept by the deputation by the Bench of the Term before.

8. For that disorders in the Christ∣mass time, may both infect the minds, and prejudice the estates and for∣tunes of the young Gentlemen in the same Societies: it is therefore order∣ed, that there shall be Commons of the House kept in every House of Court, during the Christmass; and that none shall play in their several Halls at the Dice, except he be a Gentleman of the same Society and in Commons; and the benefits of the Boxes to go to the Butlers of eve∣ry House respectively.

9. For that an outward decency in Apparel is an ornament to all Socie∣ties, and containeth young men with∣in the bounds of Civility and order: it is ordered, that no Gentleman of any House of Court or Chancery, shall come into their several Halls with Cloaks, Boots, Spurs, Swords or Dag∣gers.

10. Lastly, for that all government is strengthned or slackned by the ob∣serving or neglecting of the reverence and respect, which is to be used to∣wards the Governours of the same: therefore it is required, that due re∣verence and respect be had by the younger sort of Gentlemen to the Readers, Benchers, and Ancients of e∣very House.

And whereas there may have been some orders of like nature to some of these, published in former time, which nevertheless have failed in the execution; the Readers and Benchers do signifie to the Gentlemen, that there is a setled and constant resolu∣tion, to cause these Orders to be strictly and duly observed; and that no man whatsoever do expect any toleration or dispensation concern∣ing the same.

Orders conceived for the setling and esta∣blishing of the Company of the Innes of Court,* 1.23 and Chancery in their exercise of Military Discipline (tempore Regis Iacobi.)

For matter of Religion.

1. FIrst, that none be admitted, but such as are well affected in Re∣ligion.

2. If any one be a common swearer, or quareller, and will not be reform'd, he shall be cashiered.

For the Common-Weal.

1. First, that their Arms be not in their own custody, but kept in some fitting place between times of exer∣cise.

2. Next, that their times of exer∣cise be limited both for Term and Vacation respectively.

For their Government.

1. First, that the Benchers set forth and appropriate what Houses shall be of the King's Patronage, and what of the Princes.

2. That for matters of great weight the Benchers determine, and for mat∣ters of less weight in time or place of Exercise, twelve of the discreetest young Gentlemen, chosen out of all the Houses, shall together with the Captain determine.

3. Next, that for priority place, every House give their own Gentle∣men their Rank, and that the Houses take place first by chance of the Dice, and afterward by course and turn.

4. Next, that the Officers be cho∣sen by their Captain.

For the Charge.

1. The piece of ground for Exer∣cise, to contain four Acres with the closing of it, if such a piece already enclosed may not be found.

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2. Next, the Arms of the Musqui∣tier, which must be light and fit∣ting—iii 1.

3. Next, the Arms of the Pike∣quere—iiii 1.

4. Next, the charge of admission of every one into these Bonds, what themselves think fit.

5. Next, for dressing and keeping of their Arms, some reasonable al∣lowance to be given to an Armo∣rer.

6. Next, for the Captains and other Officers such allowance as the Gentlemen shall think fit.

And it is intended that no Gentle∣men are to be enjoyned to exercise in this kind, but such as shall volunta∣rily offer themselves, to be tolerated to do it at their own voluntary charge.

And as for the number of 600. it is not enjoyned, but a number limited, beyond which they shall not exceed.

And if the Benchers finding this exercise shall no way withdraw young Gentlemen from their studies, being moderately used, but fill up that time which would otherwise be worse spent, and manifold other be∣nefits shall arise thereby; shall be pleased to advise of a further allow∣ance to the Officers to be made out of the Houses, it will give them the greater livelyhood and encourage∣ment; and if they be not pleased so to do, they only pray the toleration of voluntaries (ut antea)

Orders to be observed in the Houses of Court,* 1.24 subscribed by all the Iudges of England Term. Hill. An. Dom. 1627.* 1.25

1. THat henceforth every year, or at the least every second year,* 1.26 there shall be a double Reader chosen in every House of Court to read.

2. That the Lent Reader shall be∣gin his Reading the first Munday in Lent, unless it fall in Term: and in such case, it shall begin at such day after, as hath been used in the several Houses.

And every Summer Reader shall be∣gin the first Munday in August.

The double Readers shall continue their Reading by the space of one whole week, at least: And the single Reader shall continue by the space of a fortnight at the least; and in that time to read as often as hath been used in the several Houses.

3. No Reader shall have above the number often men to attend him du∣ring his Reading: And every Reader, the Sunday before the beginning of his Reading, shall repair to the Ser∣mon at Paul's Cross; and whilst he is there, shall wear his Cap in such de∣cent and orderly manner, as anciently hath been used.

4. That no Reader shall give Ex∣ceedings throughout the Hall above thrice in the week; and that at Din∣ner only.

5. That every Reader shall make and put in his Reading, so many Ca∣ses, as hath been most commonly used in the same House where he readeth, and not fewer.

6. That no Reader in Court shall practise at the Barr at Westminster, but with his Readers Gown, with the Velvet welt on the back: and that none but Readers in Court shall at all wear or use any such Gowns.

7. That all Readers, Benchers, Ba∣risters, and other Students and Fel∣lows in every House of Court and Chancery, shall repair to the Hall, at Dinner, Supper and Exercises, in their Caps, and not in Hats: and shall likewise repair to the Church, Cha∣pel, and place of Prayer, in their Caps.

8. That no Fellows or Students in any Houses of Court or Chancery, shall come into the Hall, Church, Chapel, or place of Prayer, with Boots; but orderly and civily as anci∣ently hath been used; upon pain, that such as wilfully or contemptuously break these two last Orders, or either of them, for the first time shall be put out of Commons, untill he be restored upon suit to the Bench; and for the second time fined at the plea∣sure of the Bench; and the third time shall be expulsed the House.

9. And such Reader as shall con∣temptuously break any of the Orders aforesaid, shall not be suffered to pra∣ctise

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at any Barr at Westminster, or at the Assises.

  • Nicholas Hyde.
  • Thomas Richardson.
  • Iohn Dodderidge.
  • Richard Hutton.
  • Iames Whitlock.
  • George Crooke.
  • H. Yelverton.
  • Iohn Walter.
  • Iohn Denham.
  • Will. Iones.
  • Franc. Harvey.
  • Thomas Trevor.
  • George Vernon.

Orders made and set down the xv th. day of April 6.* 1.27 Caroli primi,* 1.28 by the Lord Keeper of the great Seal of England, and all the Iudges of both Benches, and Barons of the Exchequer, by command of the King's Majesties most Honourable Privy Council,* 1.29 for the government of the Innes of Court and Chancery.

1. THat the Innes of Chancery shall hold their government subor∣dinate to the Benchers of the Innes of Court unto which they belong: And in case any Attorney, Clerk, or Officer of any Court of Iustice, being of any of the Innes of Chancery, shall withstand the direction given by the Benchers of Court, upon complaint thereof to the Iudges of the Court in which he shall serve, he shall be severely pu∣nished; either by fore-judging from the Court, or otherwise, as the case shall deserve.

2. That the Benchers of every Inne of Court, cause the Innes Of Chancery to be surveyed, that there may be a com∣petent number of Chambers for Stu∣dents; and that once a year an exact survey be taken, that the Chambers allotted for that purpose be accor∣dingly imployed.

3. For that there may be an abuse in the lodging or harbouring of ill subjects and dangerous persons in the Innes of Court and Chancery, being pri∣vileg'd and exempted places: it is ordered, that there be general sear∣ches in every House of Court and Chan∣cery, twice every Michaelmass Term, and once every other Term; to be a∣greed upon by the general consent of the Readers and Benchers of the Hou∣ses of Court; and likewise once every Vacation.

4. For that the Societies ought to give a principal example of good go∣vernment in matters of Religion: and to be free, not only from the crime, but from the suspition of ill affection in that kind; it is ordered, that every Gentleman of the several Societies aforesaid, which shall be in Com∣mons at any time within one year af∣ter the publishing of these Orders, or after; and shall not receive the Com∣munion, by the space of any one year together, shall be expelled inso facto: and nevertheless the further Orders of every particular House in this be∣half, to stand in force, and be ob∣served.

5. For that the institution of these Societies, were ordained chiefly for the profession of the Law; and in a second degree for the education of the sons and youth of riper years of the Nobility and Gentry of this Realm; and in no sort for lodging or abode of Gentlemen of the Country; Which if it should be suffered, would be a disparaging of the same Socie∣ties, and to turn them from Hospitia to Diversoria, it is ordered, that no Knight, or Gentleman, foreiners or discontinuers, or others not of the same Societies, shall be admitted or allowed to lodge in any of the Houses aforesaid.

6. For that there ought alwaies to be observed a difference between Utter-Baristers, Readers in Court, and Apprentices at Law, which are the principal persons next unto Serjeants and Iudges in administration of Iu∣stice: and Attorneys and Solicitors, which are but ministerial persons of an inferiour nature: therefore it is ordered, that from henceforth no common Attorney, or Solicitor shall hereafter be admitted of any of the four Houses of Court.

7. For that the over-early and hasty practice of Utter-Baristers doth make them less grounded and sufficient, whereby the Law may be disgraced and the Clyent prejudiced: therefore it is ordered, that for the time to come, no Utter-Barister begin to pra∣ctise publickly at any Barr at West∣minster, untill he hath been three years at the Barr; except such Utter-Barister, as for the time be or shall

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have been Readers in some House of Chancery.* 1.30

8. That none be admitted to the Barr, but only such as be at the least of eight years continuance, and hath kept this Exercises within the House, and abroad in Innes of Chancery, ac∣cording to the orders of the House: and none to be called to the Barr by Readers, but by the Bench, at Parlia∣ments, Councels, and Pensions: And that when they shall find the number of fit and learned Students of honest conversation, and well deserving the same.

9. That the Readers hereafter be chosen for their learning; for their duly keeping of the Exercises of their House; for their honest behaviour and good disposition: and such, as for their experience and practise be of best note, and best able to serve the Common-Wealth. And if any re∣fuse to Read, then they to undergo such Fine and censure, as the Benchers and Readers shall think fit to lay upon them: which if they shall refuse to pay, or perform, then upon complaint to the Iudges, such course to be taken by them, as shall inforce them to the performance thereof.

10. That double Readings be strictly observed in every House, at the least once in two years in the Lent: and if any be appointed double Reader, and shall refuse to perform the same, he shall be fined; which Fine shall not be under the sum of xl1. and it shall be allowed to the next double Reader of the same House.

11 That no Benchers be called, but such as be fittest, both for their learn∣ing, practise, and good honest con∣versation; And that they call not to the Bench too often, but very sparing∣ly, in respect of the great multitude that be already.

12. For that an outward decency in Habit and Apparel is an ornament to all Societies, and containeth young men within the bounds of Civility and Order; it is ordered, that no Gentleman of any House of Court, or Chancery, shall come into the se∣veral Halls, Chapels, and places of publick Prayer, with Hats, Cloaks, Boots, Spurs, Swords, or Daggers; or shall wear long Hair; upon pain to undergo the penalties contained in the Orders of the several Houses, Which are strictly to be put in execu∣tion.

13. Lastly, for that all Government is strengthned or slackned by the ob∣serving or neglecting of the reverence and respect which is to be used to∣wards the Governours of the same; therefore it is required, that due re∣verence and respect be had by the Utter-Baristers and younger sort of Gentlemen to the Readers, Benchers, and Ancients of every House.

  • Tho. Coventry C. s.
  • Nic. Hyde.
  • Rich. Hutton.
  • Tho. Trevor.
  • Tho. Richardson.
  • Will. Iones.
  • George Vernon.
  • Iohn Walter.
  • Iames Whitlock.
  • Francis Harvey.
  • Humph. Davenport.
  • Iohn Denham.
  • Geo. Crooke.

Notes

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