The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
Now, in the early Norman period the _aula regis_, or Supreme Court,
was simply the King acting as judge with the assistance of his great
officers of state. In time there developed therefrom among much else
the three old common law courts; whereof the Common Pleas settled the
disputes of subjects, the King’s Bench, suits concerning the King
and the realm, the Exchequer, revenue matters. Though the last two
by means of quaint fictions afterwards acquired a share of private
litigation, yet such was more properly for the Court of Common Pleas.
It was peculiarly the Serjeants’ court, and for many centuries, up to
fifty years ago, they had the exclusive right of audience. Until the
Judicature Acts they were the body of men next to the judges, each
being addressed from the bench as “Brother,” and from them the judges
must be chosen, also until 1850 the assizes must be held before a judge
or a Serjeant of the coif.
A clause in Magna Charta provided that the Common Pleas should not
follow the King’s wanderings, but sit in a fixed place; this fixed
place came to be near the great door of the Hall at Westminster. With
the wind in the north the spot was cold and draughty, so after the
Restoration some daring innovator proposed “to let it (the Court) in
through the wall into a back room which they called the treasury.” Sir
Orlando Bridgeman, the Chief Justice, would on no account hear of this.
To move it an inch were flagrant violation of Magna Charta. Might not,
he darkly hinted, all its writs be thus rendered null and void? Was
legal pedantry ever carried further? In a later age the change was made
without comment, and in our own time the Common Pleas itself has gone
to the Lumber Room. No doubt this early localising of the court helped
to develop a special Bar. Other species of practitioners--barristers,
attorneys, solicitors--in time arose, and the appointment of Queen’s
Counsel, of whom Lord Bacon was the earliest, struck the first real
blow at the Order of the Coif; but the detail of such things is not
for this page. In later days every Serjeant was a more fully developed
barrister, and then and now, as is well known, every barrister must
belong to one of the four Inns of Court--the two Temples, Gray’s Inn,
and Lincoln’s Inn to wit, whose history cannot be told here; suffice
it to say they were voluntary associations of lawyers, which gradually
acquired the right of calling to the Bar those who wished to practise.
Public-domain text, read in full here on John Shaqi.
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