Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen ElizabethReilly, S. A.
History
Our Legal Heritage: The First Thousand Years: 600 - 1600: King Aethelbert - Queen Elizabeth
Reilly, S. A.
Law -- England -- History
"Thomas de Kydemenstre, shoemaker, was summoned to answer William
de Beverlee, because he did not clothe, feed and instruct his
apprentice Thomas, William's son, but drove him away. The
defendant said that the apprentice lent his master's goods to
others and promised to restore them or their value, but went
away against his wish; and he demanded a jury. Subsequently, a
jury of William de Upton and others said the apprentice lent two
pairs of shoes belonging to his master and was told to restore
them, but, frightened by the beating which he received, ran
away; further that the master did not feed and clothe his
apprentice as he ought, being unable to do so, to the
apprentice's damage 40d., but that he was now in a position to
look after his apprentice. Thereupon Thomas de Kydemenstre said
he was willing to have the apprentice back and provide for him,
and the father agreed. Judgment that the master take back the
apprentice and feed and instruct him, or that he repay to the
father, the money paid to the latter, and that he pay the father
the 40d. and be in mercy."
A professional class of temporal lawyers is prominent in the
nation. They were educated and certified at the new Inns of
Court in London. Some are employed by the King. Judge tend to be
recruited from among those who had passed their lives practicing
law in court, instead of from the ecclesiastical orders. Men
learned All lawyers were brought under the control of the
judges.
There are two types of attorneys: one appears in the place of his
principal, who does not appear. The appointment of such an
attorney is an unusual and a solemn thing, only to be allowed on
special grounds and with the proper formalities. For instance, a
poor person may not be able to afford to travel to attend the
royal court in person. The other type of attorney accompanies his
client to court and advocates his position with his knowledge of
the law and his persuasiveness.
The great litigation of the nation is conducted by a small group
of men, as is indicated by the earliest Year Books of case
decisions. They sit in court and one will sometimes intervene as
amicus curiae [friends of the court]. Parliament refers
difficult points of law to them as well as to the judges. In
1280, the city of London made regulations for the admission of
both types of attorneys to practice before the civic courts, and
for their due control. In 1292 the King directed the judges to
provide a certain number of attorneys and apprentices to follow
the court, who should have the exclusive right of practicing
before it. This begins the process which will make the attorney
for legal business an "officer of the court" which has appointed
him.
Public-domain text, read in full here on John Shaqi.
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