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.
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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
descriptionPage 311
or Velvet Shooes; Double
Cuffs on their Shirts; Feathers, or
Ribbens on their Caps, upon pain to
forfeit, for the first default iiis. 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 xls. 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 xls.
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 iis, iiid. to be paid
and cast in Commons: for the se∣cond
time vis. viis. 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.
descriptionPage 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.
descriptionPage 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
vi1. xiiis. iiiid. And that the two
Stewards of the Readers Dinner,
shall not defray about the charges of
the said Dinner, above x••1viz. 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
descriptionPage 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.
descriptionPage 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.
descriptionPage 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.
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
descriptionPage 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
descriptionPage 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.
descriptionPage 319
2. Next, the Arms of the Musqui∣tier,
which must be light and fit∣ting—iii1.
3. Next, the Arms of the Pike∣quere—iiii1.
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
descriptionPage 320
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
descriptionPage 321
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.