Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />
Lawyers in Early Modern England<br />
Late 15th century – late 17th century<br />
Printing in England, 1476<br />
Powerful and stable monarchy<br />
The break from Rome<br />
Urbanization and new men<br />
Literature<br />
Colonizing the New World<br />
Parliament wins the Civil War<br />
The Puritans rule<br />
The monarchy restored, 1660<br />
Legal practice and legal education<br />
Oral to written pleading<br />
Rise of the barristers<br />
The litigation explosion<br />
Lawsuits in advanced stages in CP/KB<br />1490 - 2000<br />1560 - 5000<br />1606 - 23,000<br />1640 - 29,000 <br />
The bar doubles in size…<br />1570s – 200 barristers<br />1630s – 500+ barristers <br />
…and grows wealthy<br />
Criticism and calls for law reform<br />
Lawyers and the Levellers<br />
Lawyers in Parliament<br />
Coke versus the King<br />
Serjeants’ Inn sold, 1877<br />
The end of the serjeants<br />
So many attorneys<br />1560 – 1 attorney per 20,000 people<br />1606 – 1 attorney per 4000<br />1640 – 1 attorney per 2500...
Attorneys barred from the Inns of Court<br />
Education at the Inns of Court<br />
The “third university” of England<br />
Plays, masques and revels<br />
Bolts, moots and readings<br />
Collapse<br />
Fulbecke’sDirection, 1600<br />
Commonplace book, 1633<br />
Lord Mansfield revives the “crib”<br />
Other lawyers <br />
Canon law teaching banned, 1535<br />
Civil lawyers in the king’s courts<br />
The Court of Chancery<br />
Common lawyers concerned<br />
Cowell condemned in Parliament<br />
The end of Star Chamber<br />
Civilians in decline<br />
Doctors Commons dissolved, 1858<br />
Lawyering in print<br />
The case for print<br />
First law book printed in England<br />
Printing the statutes<br />
First dictionary of English law, 1527<br />
The lawyer as printer: John Rastell<br />
Lawyers, print and power<br />
Precedent in print<br />
	The ancient order of arguments by our serjeants and apprentices at the bar is altogether altered. They never cited any bo...
	…if memory be necessary for any science, surely to the profession of the law, it is of weighty importance, which because ...
Blasts from the past…<br />
Print and professional identity<br />
The skull of a lawyer<br />
	Why might not that be the skull of a lawyer? Where be his quiddits now, his quillets, his cases, his tenures, and his tri...
Print in fashion<br />
Lawyers in color<br />
Legal imagery in retreat<br />
Legal imagery in retreat<br />
Legal imagery in retreat<br />
Fading away<br />
A serjeant, 1657<br />
Barristers in black and white<br />
Lawyers as print incarnate<br />
What circumstances contributed to the rise of the barristers?<br />In Parliament, were common lawyers a positive or a nega...
Tomorrow… Books from a lawyer’s library!<br />
Lawyers in Early Modern England<br />
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LH 10 | Lawyers in Early Modern England

  1. 1. Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />
  2. 2. Lawyers in Early Modern England<br />
  3. 3. Late 15th century – late 17th century<br />
  4. 4. Printing in England, 1476<br />
  5. 5. Powerful and stable monarchy<br />
  6. 6. The break from Rome<br />
  7. 7. Urbanization and new men<br />
  8. 8. Literature<br />
  9. 9. Colonizing the New World<br />
  10. 10. Parliament wins the Civil War<br />
  11. 11. The Puritans rule<br />
  12. 12. The monarchy restored, 1660<br />
  13. 13. Legal practice and legal education<br />
  14. 14. Oral to written pleading<br />
  15. 15.
  16. 16.
  17. 17. Rise of the barristers<br />
  18. 18. The litigation explosion<br />
  19. 19. Lawsuits in advanced stages in CP/KB<br />1490 - 2000<br />1560 - 5000<br />1606 - 23,000<br />1640 - 29,000 <br />
  20. 20. The bar doubles in size…<br />1570s – 200 barristers<br />1630s – 500+ barristers <br />
  21. 21. …and grows wealthy<br />
  22. 22. Criticism and calls for law reform<br />
  23. 23. Lawyers and the Levellers<br />
  24. 24. Lawyers in Parliament<br />
  25. 25. Coke versus the King<br />
  26. 26. Serjeants’ Inn sold, 1877<br />
  27. 27. The end of the serjeants<br />
  28. 28. So many attorneys<br />1560 – 1 attorney per 20,000 people<br />1606 – 1 attorney per 4000<br />1640 – 1 attorney per 2500<br />
  29. 29. Attorneys barred from the Inns of Court<br />
  30. 30. Education at the Inns of Court<br />
  31. 31. The “third university” of England<br />
  32. 32. Plays, masques and revels<br />
  33. 33. Bolts, moots and readings<br />
  34. 34. Collapse<br />
  35. 35. Fulbecke’sDirection, 1600<br />
  36. 36. Commonplace book, 1633<br />
  37. 37. Lord Mansfield revives the “crib”<br />
  38. 38. Other lawyers <br />
  39. 39. Canon law teaching banned, 1535<br />
  40. 40. Civil lawyers in the king’s courts<br />
  41. 41. The Court of Chancery<br />
  42. 42. Common lawyers concerned<br />
  43. 43. Cowell condemned in Parliament<br />
  44. 44. The end of Star Chamber<br />
  45. 45. Civilians in decline<br />
  46. 46. Doctors Commons dissolved, 1858<br />
  47. 47. Lawyering in print<br />
  48. 48. The case for print<br />
  49. 49. First law book printed in England<br />
  50. 50. Printing the statutes<br />
  51. 51. First dictionary of English law, 1527<br />
  52. 52. The lawyer as printer: John Rastell<br />
  53. 53. Lawyers, print and power<br />
  54. 54. Precedent in print<br />
  55. 55. The ancient order of arguments by our serjeants and apprentices at the bar is altogether altered. They never cited any book, case, or authority in particular.... In those days few cases in law were cited, but very pithy and pertinent to the purpose...and now in so long arguments with such a farrago of authorities, it cannot be but there is much refuse, which ever does weaken or lessen the weight of the argument.<br />Coke’s counterblast<br />
  56. 56. …if memory be necessary for any science, surely to the profession of the law, it is of weighty importance, which because it doth pursue accidentia, and infinita, requireth no help of nature so much as memory, for the understanding conveyeth the cases to the treasury, out of which it draweth them as often as use and opportunity doth demand. But if the understanding be good, and the memory nought, a man shall be a lawyer to-day and none to-morrow. <br /> - William Fulbecke, Direction, 1600 <br />Lawyers and memory<br />
  57. 57. Blasts from the past…<br />
  58. 58. Print and professional identity<br />
  59. 59. The skull of a lawyer<br />
  60. 60. Why might not that be the skull of a lawyer? Where be his quiddits now, his quillets, his cases, his tenures, and his tricks? … This fellow might be in ’s time a great buyer of land, with his statutes, his recognizances, his fines, his double vouchers, his recoveries. Is this the fine of his fines, and the recovery of his recoveries, to have his fine pate full of fine dirt? ... The very conveyances of his lands will hardly lie in this box, and must the inheritor himself have no more, ha?<br /> - Shakespeare, Hamlet, Act V, Scene 1<br />The skull of a lawyer<br />
  61. 61. Print in fashion<br />
  62. 62. Lawyers in color<br />
  63. 63. Legal imagery in retreat<br />
  64. 64. Legal imagery in retreat<br />
  65. 65. Legal imagery in retreat<br />
  66. 66. Fading away<br />
  67. 67. A serjeant, 1657<br />
  68. 68. Barristers in black and white<br />
  69. 69. Lawyers as print incarnate<br />
  70. 70. What circumstances contributed to the rise of the barristers?<br />In Parliament, were common lawyers a positive or a negative force?<br />What factors contributed to the collapse of the legal education system at the Inns of Court?<br />Why did the common lawyers seek to confine the civil lawyers and their courts?<br />How did the spread of print technology affect English lawyers and lawyering?<br />Review questions<br />
  71. 71. Tomorrow… Books from a lawyer’s library!<br />
  72. 72. Lawyers in Early Modern England<br />
  73. 73. Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />

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