The Customs of Old EnglandSnell, F. J. (Frederick John)
History
The Customs of Old England
Snell, F. J. (Frederick John)
England -- Social life and customs -- 1066-1485
In the year 1292--a date of some significance for us, not only in the
immediate context, but with reference to other portions of the work--the
King (Edward I.) promulgated an ordinance "De Attornatis et
Apprenticiis" in which he enjoined on John de Metingham and his fellows
that they should, at their discretion, "provide and ordain from every
county certain attorneys and lawyers of the best and most apt for their
learning and skill, who might do service to his court and that people,
and those so chosen only, and no other, should follow his court and
transact the affairs therein, the said King and his council deeming the
number of seven score sufficient for that employment, but leaving it to
the discretion of the judges to add to or diminish the number, as they
should see fit" (Dugdale's Tr.).
Serjeant Pulling is somewhat perplexed concerning the precise position
of the _apprenticii ad legem_ at the time of this edict. He, however,
hazards the conjecture that "by the apprentices were meant the advanced
students, or learners of the law, who, as pupils or assistants to the
Serjeants of the Coif, had obtained an insight into practice, and
perhaps also there were included the more irregular followers of the
law--the dilettante practitioners and Cleri Causidici, who continued to
follow the law in the secular courts in spite of repeated prohibitions
and objections."
With the foundation and growth of the Inns of Court, the
apprentices--the better sort at least--obtained full recognition as
practitioners; and at the close of the fourteenth century their
reputation had become so considerable that the great apprentices had
formed themselves into a distinct order, in which they stood next to
serjeants-at-law, the gradation being as follows:
(i) Serjeants-at-law.
(ii) Nobiliores, or great apprentices.
(iii) Other apprentices who followed the law.
(iv) Apprentices of less estate, and attorneys.
The term "apprentice-at-law" yielded to _apprenticius ad barros_, and
that again to "utter-barrister," corresponding to the modern
"barrister-at-law." Not all the students admitted at an inn were
"called" to the bar, the truth being that only a small proportion
received that distinction. In 1596 an arrangement was made by the Judges
and Benchers of the four Inns of Court, by which it was agreed:
"That hereafter none shall 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 Inns of Chancery, according to the orders
of the House:
"_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
Michaelmas Term, two," etc.
Public-domain text, read in full here on John Shaqi.
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