The History of the Knights Templars, the Temple Church, and the TempleAddison, C. G. (Charles Greenstreet)
History
The History of the Knights Templars, the Temple Church, and the Temple
Addison, C. G. (Charles Greenstreet)
Templars -- History
Both before, and for a very considerable period after, the Norman
conquest, the study of the law was confined to the ecclesiastics, who
engrossed all the learning and knowledge of the age.[575] In the reign of
king Stephen, the foreign clergy who had flocked over after the conquest,
attempted to introduce the ancient civil law of Rome into this country, as
calculated to promote the power and advantage of their order, but were
resolutely resisted by the king and the barons, who clung to their old
customs and usages. The new law, however, was introduced into all the
ecclesiastical courts, and the clergy began to abandon the municipal
tribunals, and discontinue the study of the common law. Early in the reign
of Henry the Third, episcopal constitutions were published by the bishop
of Salisbury, forbidding clerks and priests to practise as advocates in
the common law courts. (_Nec advocati sint clerici vel sacerdotes in foro
sæculari, nisi vel proprias causas vel miserabilium personarum
prosequantur._[576]) Towards the close of the same reign, (A. D. 1254,)
Pope Innocent IV. forbade the reading of the common law by the clergy in
the English universities and seminaries of learning, because its decrees
were not founded on the _imperial constitutions_, but merely on the
_customs of the laity_.[577]
As the common law consequently gradually ceased to be studied and taught
by the clergy, who were the great depositaries of legal learning, as of
all other knowledge in those days, it became necessary to educate and
train up a body of laymen to transact the judicial business of the
country; and Edward the First, who, from his many legal reforms and
improvements, has been styled "the English Justinian," made the practice
of the common law a distinct profession.
In antient times the Court of _Common Pleas_ had the exclusive
administration of the _common law_, and settled and decided all the
disputes which arose between _subject_ and _subject_; and in the twentieth
year of the reign of Edward the First, (A. D. 1292,) the privilege of
pleading causes in this court was confined to a certain number of learned
persons appointed by authority. By an order in council, the king commanded
John de Metingham, chief justice of the Court of Common Pleas, and the
rest of his fellow justices, that they, according to their discretions,
should provide and ordain from every county a certain number of attorneys
and apprentices of the law, of the best and most apt for their learning
and skill, to do service to his court and people, and those so chosen
should follow his court and transact the affairs therein, and _no others_;
the king and his council deeming the number of fourscore to be sufficient
for that employment; but it was left to the discretion of the said
justices to add to that number, or to diminish it, as they should think
fit.[578]
Public-domain text, read in full here on John Shaqi.
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