Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />
Lawyers in Medieval England<br />
Part I: Rise of the Common Lawyers<br />
Roman lawyering in England<br />
Anglo-Saxon lawyering<br />
Canon lawyers in England<br />
Vacarius<br />
Canon law at Oxford and Cambridge<br />
Judicial laicization<br />
Henry II<br />
Writs<br />
	The king to the sheriff, greeting. Command N. lawfully and without delay to restore to R. one hide of land in ———— , of w...
The royal courts<br />
Attorneys<br />
Pleaders<br />
Serjeants-at-law<br />
Serjeants and attorneys<br />
The Plea Rolls<br />
Ethics legislation<br />
Statute of Westminster 1275<br />	…if any Serjeant, Pleader or other, do any manner of Deceit or Collusion in any King’s C...
De attornatiset apprenticiis, 1292<br />
LiberCustumarum, 1280<br />
Complaints against attorneys<br />
1286 - Simon of Cly indicted and imprisoned because, after being retained as an attorney by one Fulcher of Surrey,  "he ha...
	For sundry damages and mischiefs that have ensued before this time to diverse persons of the realm by a great number of a...
Educating common lawyers<br />
Apprentices in the “crib”<br />
Writing the Year Books<br />
Reading Bracton<br />
	A woman with an inheritance takes a husband and then commits a felony. <br />	Question: is the husband entitled to hold t...
Common lawyers and the learned laws<br />
Educating attorneys<br />
	I could say much more on the matter but I cannot cover everything. But since we have said so much about the tenant let us...
The Inns of Court<br />
Barristers and solicitors<br />
More lawyering<br />
Summoners<br />
Clerks<br />
Scriveners<br />
How did the development of the centralized writ system encourage the use of attorneys and pleaders?<br />What apparent abu...
Tomorrow…  Common Lawyers at Work!<br />
Lawyers in Medieval England<br />
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LH 8 | Medieval English Lawyers

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Transcript of "LH 8 | Medieval English Lawyers"

  1. 1. Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />
  2. 2. Lawyers in Medieval England<br />
  3. 3. Part I: Rise of the Common Lawyers<br />
  4. 4. Roman lawyering in England<br />
  5. 5.
  6. 6.
  7. 7. Anglo-Saxon lawyering<br />
  8. 8.
  9. 9. Canon lawyers in England<br />
  10. 10. Vacarius<br />
  11. 11. Canon law at Oxford and Cambridge<br />
  12. 12. Judicial laicization<br />
  13. 13. Henry II<br />
  14. 14. Writs<br />
  15. 15.
  16. 16. The king to the sheriff, greeting. Command N. lawfully and without delay to restore to R. one hide of land in ———— , of which the same R. complains that the aforesaid N. is deforcing him. And unless he does so, summon him through good summoners to be before me or my justices on ———— at ———— , in order to show good cause for not having done so. And you are to have there the summoners and this writ.<br />Praecipe<br />
  17. 17. The royal courts<br />
  18. 18. Attorneys<br />
  19. 19. Pleaders<br />
  20. 20. Serjeants-at-law<br />
  21. 21.
  22. 22. Serjeants and attorneys<br />
  23. 23. The Plea Rolls<br />
  24. 24. Ethics legislation<br />
  25. 25. Statute of Westminster 1275<br /> …if any Serjeant, Pleader or other, do any manner of Deceit or Collusion in any King’s Court or consent in deceit of the Court or beguile the Court or the Party and thereof be attainted, he shall be imprisoned for a year and a day and from thenceforth shall not be heard to plead in Court for any Man.<br />
  26. 26. De attornatiset apprenticiis, 1292<br />
  27. 27. LiberCustumarum, 1280<br />
  28. 28. Complaints against attorneys<br />
  29. 29. 1286 - Simon of Cly indicted and imprisoned because, after being retained as an attorney by one Fulcher of Surrey, "he had wrongfully adhered to the opposite party to the defrauding and disinheritance of the said Fulcher and had absented himself on purpose, with the result that Fulcher lost the said land".<br />1347 - John of Chester imprisoned for a year and a day and barred from practice for deceit and falsehood. <br />1352 - John of Luddington sworn that he would not come within 12 leagues of the King's Court, would not give counsel to anyone contrary to the interest of the crown and would not act as an attorney for anyone. <br />
  30. 30. For sundry damages and mischiefs that have ensued before this time to diverse persons of the realm by a great number of attorneys, ignorant and not learned in law as they were wont to be before this time, it is ordained and established that all the attorneys shall be examined by the justices and by their discretions, their names put on the Roll, and that they be good and virtuous and of good fame, shall be received and sworn well and truly to serve in their offices.<br />4. Hen. IV c. 18, 1402<br />
  31. 31. Educating common lawyers<br />
  32. 32. Apprentices in the “crib”<br />
  33. 33. Writing the Year Books<br />
  34. 34. Reading Bracton<br />
  35. 35. A woman with an inheritance takes a husband and then commits a felony. <br /> Question: is the husband entitled to hold the land by curtsey?<br />Exercises<br />
  36. 36. Common lawyers and the learned laws<br />
  37. 37. Educating attorneys<br />
  38. 38. I could say much more on the matter but I cannot cover everything. But since we have said so much about the tenant let us now say something about the defaults of the demandant…<br />A lecture, 1278<br />
  39. 39. The Inns of Court<br />
  40. 40.
  41. 41. Barristers and solicitors<br />
  42. 42. More lawyering<br />
  43. 43. Summoners<br />
  44. 44. Clerks<br />
  45. 45. Scriveners<br />
  46. 46. How did the development of the centralized writ system encourage the use of attorneys and pleaders?<br />What apparent abuses did the earliest legal ethics legislation attempt to address? <br />Who were the “apprentices in the ‘crib’”?<br />How were early attorneys educated?<br />Who were the original barristers?<br />Review questions<br />
  47. 47. Tomorrow… Common Lawyers at Work!<br />
  48. 48. Lawyers in Medieval England<br />
  49. 49. Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />

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