SPECTATOR'S LIBRARY.

LEGAL HisTOSP, A History of the Inns of Court and Chancery ; with N'otices of their Ancient Disci- pline, Rules, Orders, and Customs, Readings, Moots, Masques, Revels, and Enter- tainments; including an Account of the Eminent Men of the four learned and honourable Societies, Lincoln's Inn, the Inner Temple, the Middle Temple, and Gray's Inn, fcc. By Robert R. Pearce, Esq., of Gray's Inn, Barrister-at-law. TsAvsts, Berate!,. A Yacht Voyage to Norway, Denmark, and Sweden. By W. A. Ross, Esq In two volumes Colburis.

PincoLou'r,

Geschichte der Deutsch= Sprsche. Von Jacob Grimm Leipzig, 1848.

MR. PEARCE'S HISTORY OF THE INNS OF COURT.

Hisroares have been published of the different Inns of Court, as the writer inclined towards the Templars, or Gray's, or Lincoln's Inn ; while various qustions on the origin and rights of those Societies have occupied the attention of the deepest sages in legal embryology. Hence, there is no lack of matter ready to the hand of the person who wishes to write the story of the Inns. Mr. Pearce, however, has given a new feature to his work by embracing the four Societies in one volume : he has varied the tales of leases, bricks and mortar, coats of arms, and accounts of formalities, by pleasant but not trifling antiquarian gossip on the early schools of law, the sites of the Inns of Court when first devoted to their present purpose, arid the masques and revels that their members presented of yore to royalty and nobility. He has made his history useful by giving an account of the present regulations of the four Inns, with the grades or degrees among their members ; and suggestive by exhibiting their constitution and ancient customs, when they really were colleges for the study of the law. Mr. Pearce has also imparted a further utility to the volume by a summary of the different cases brought before the Courts in refer- ence to the admission of members ; or their claims to the degrees of barrister and bencher ; or the power exercised by the Bench of disbarring or otherwise dealing with members of their Inn. But this section is not exhibited with a fullness proportioned to its importance. The Inns of Court, as they are called, are four in number,—Lincoln's Inn, the Inner and Middle Temple, and Gray's Inn. According to judi- cial dictum, they are neither corporations nor bodies constituted by charter, but "voluntary societies." Their origin is altogether unknown, or how, when, or in what ways their privileges grew up : all that our best and oldest legal antiquaries can do, is to conjecture the period at which the lawyers lived together in the same "inn," (analogous to the old French hotel—town-house, mansion, lodging-house) ; to note the dates when the titles of attorney, counsel, sergeant, &c., appear ; and to assume, from the suppression of law schools within the City, that the Inns of Court were fully established as legal colleges at or before the year 1234. Prescrip- tion is the real title the Societies can show to their property and powers, so far as these are consistent with the public good and the trust is dis- charged conscientiously and with a due regard to the end for which they were constituted. The legal dictum is that they derive their title from "the common law." We have never met with the assertion, (though it probably has been made,) but it is a logical sequence from the premises, that they are an original institution of the country, like Trial by Jury, the Crown, or Parliament.

These "voluntary societies," as the Judges call them, possess a variety of minor powers; but one grand power places in their hands the career of every subject aiming at the higher branches of the profession of the law. This something more than privilege is exercised without any con- trol whatever in the first instance, and a very loose and insufficient one afterwards. The first step to be taken by a person desirous of becoming a barrister, is to enter himself a "student" of one of the four Inns of Court. To do this, certain formalities are gone through and certain pay- ments made, but the great point is admission by the Benchers as a mem- ber or student of the Inn ; as that body possesses the power of rejecting any person they please, not only without cause assigned but without any means of compelling its production. The point has been argued in full Court, and the decision is, that no British subject (such is not quite the form of words, but it is the fact) has any right to be allowed to try to become a barrister. No person has an "inchoate right" to be admitted a student of an Inn of Court; admission is in the discretion of the Benchers: the Judges are " visiters," it is true, but they cannot interfere with this discretion, even to ascertain that it has been.discreetly exercised, unless the Benchers think fit to ask them.

Except to support a close monopoly, and as a means of raising money, the studentship is a mere farce. In the olden time, these bodies were really what they professed to be, legal colleges : some control was exer- cised over the students ; and they were expected if not compelled to at- tend a course of study, which was chalked out for them, and which per- sons analogous to professors were appointed by the Benchers to explain. The very semblance of discipline has long passed away.; there is not a more unchecked person in England than a law student in chambers. Teaching has subsided into one lifeless form, except the establishment within this year or two of a course of lectures. The grade of barrister is reached by eating a certain number of dinners on certain appointed days, and paying certain fees. As for instruction, the student is abandoned to himself. His plan, if he intends to follow the law as a profession is to become a pupil to some barrister ; who directs his course of reading, and sets him documents to draw according to his ability—for which he pays a hundred a year. This is, generally speaking, the extent of a learned gentleman's Inn training ; so that the majority of English lawyers may rank among the self-taught. There is an intermediate grade between that of student and barrister, consisting of special-pleaders, equity draftsmen' and conveyancers. The grade is attainable after certain fees and certain dinners. The function of these practitioners is to draw legal documents,—the special-pleaders, the pleas in an action at common law ; the equity-draftsman, in a suit IR

Chancery ; the conveyancers, deeds transferring property : they also give "opinions," and take pupils. There is in point of fact little or no dif- ference between a barrister who practises as chamber counsel and these "practitioners below the bar," except that the fees of the latter are less, and the simpler eases are sent to them, the more difficult being reserved for counsel. Some are called to the bar as soon as they have kept the requisite number of terms ; others wait and extend their connexion. Sir Vinery Gibbs practised as a special-pleader some years after he could

have been " called "; his rapid rise at the bar, which surprised the pub-

lie, being perfectly intelligible to the profession. It is said he used to complain that when below the bar he rarely had an easy case. The feet was, his temper drove away the attornies. They took their routine busi- ness to more pleasant-spoken men, and only went to " Vinegar " in a difficulty.

The "call" of a student to the " bar " (for his practice in the inter- mediate grade does not in theory advance him a jot—Gibbs would stand upon the same footing as a man who had only eaten his dinners)

is as mere a matter of form as the admission to a studentship. The power of call rests with the Benchers ; but, as the dealing is then with a member of the Inn, and the Judges will hear the complaint of a man who

has "paid his footing," and will call upon the Bench for their rea- sons, the Benchers have not the same arbitrary power as they have in the case of a person claiming admission to the studentship. They will therefore, if called upon, state their objections, and hear the person whose call is refused ; though we suspect this is a modern regulation, yielded

to the power of public opinion. In like manner, the Judges will adjudi- cate in the case of expelling a member or disbarring a barrister. The complimentary grade of Queen's counsel seems to give the barrister ac-

quiring it no status in his Inn ; but it has been usual for his fellows to invite him to the Bench on attaining this professional dignity. It has been decided in the late case of Mr. Hayward, that a barrister has no in- choate right to be invited to the Bench, either by seniority or when he attains the rank of Queen's counsel. The Benchers have the " discre- lion" of electing whom they please to come among them, and may exer- dee it at their own pleasure. These Teachers are the governing powers of the Inn, and consist of a self-elected body taken from the barristers.

When a barrister becomes a sergeant-at-law, he ceases ipso facto to be a member of his Inn. Henceforth he only dines as a guest : his domicile is with his brother sergeants and judges, at Sergeants' Inn.

Much ridicule is continually thrown upon the mode of calling a man to the bar by eating so many dinners. It may be defended by pointing to the fact that there is no lack of skill in English lawyers, the demand producing the supply. But the system "works ill." The total neglect by the Benchers, till within this year or two, of any means of legal training, has thrown every student into the hands of individual teachers; who, even if they had the ability, have not the time to present to their pupils any large or liberal ideas of the principles of jurisprudence, and who are paid at too dear a rate to allow time to be wasted on learning that cannot quickly be turned to account. Hence, to a great extent, the empirical character of modern English law, the narrow formalism of modern Eng- lish lawyers, their low and prejudiced contempt for all other systems, without knowing what they are, and frequently their active hostility to all improvement. The absence of a preliminary and final examination, as well as of the necessity of intermediate study, introduces a number of persons into the law who look only to the title of barrister without any real, intention of pursuing the profession, or a number of genteel adven- turers, who may dabble a little in law if they can get it to do, but whose

principal aim is to qualify for Whig officialship, by becoming "that great printian mobile of all human affairs, the barrister of six years' standing." While the eating one's way to the dignity of a counsellor has been enough dwelt upon, perhaps too little attention has been drawn to the

constitution and arbitrary power of the Benchers. In law, and in fact too, everybody who aims at rising above an attorney in the profession of the law, is at the mercy of a self-constituted body, exercising their functions in secret, giving no reasons for their decisions, and from which decisions there is by law (we are told) neither appeal nor redress. If there were any definite rule for admission as a student, like the sixteen quarterings of Germany, the noble by so many descents, or any of the con- joint rules of blood and money that regulated admission so some of the richer religious houses, it might indeed be said that we walked by law.

But there is no rule whatever, except that a person engaged in trade

cannot be admitted; the Benchers (more arbitrary than the Sultan or the Czar) make the law pro lute vice, but do not promulgate it. The

following is a list of persons who cannot be allowed to keep terms in order to be called to the bar ; but we believe they may be admitted members if the Benchers choose.

"No attorney-at-law, solicitor, writer to the signet or writer in the Scotch courts, proctor, notary public, Parliamentary agent, or other agent to any appel-

late court, or other person acting as such, and no clerk of or to any barrister, con- veyancer, special pleader, attorney, solicitor, writer to the signet or writer in the Scotch courts, proctor, notary, Parliamentary agent, clerk in Chancery, or other officer in any court of law or equity, whether such clerk be articled or in the re- ceipt of a salary or other remuneration for his services, can be allowed to keep commons in the hall of this Society, available for the purpose of being called to the

bar, until such person being an attorney shall have taken his name off the rolls; and until he and every other person above named and described shall have ceased to act or practise as such attorney, writer to the signet or writer in the Scotch courts, solicitor, proctor, notary, agent, or clerk as aforesaid."

Where such secrecy obtains, the reasons of the Benchers are mostly matter of hearsay; but if the stories are not literally true, they indicate the idea entertained by those who know the Benchers best. There is a

tradition that Murphy, the author of the Way to Keep Him and va- rious other literary productions, was rejected at Gray's Inn and both the

Temples, because he had appeared on the stage; but he was at last ad- mitted at Lincoln's Inn. It is known that the present Sir Edward Sug- den's call was objected to, even after he had given evidence of his great acquirements and abilities, because he had been a conveyancer's clerk :

it is believed that he was made a barrister by a casting-vote. It was re- ported that Wooller was refused admission because he had been a com- positor ; but Sir James Scarlett declared, in the House of Commons, it was because he had been found guilty of a libel; which, looking at the time and circumstances, was merely substituting a Tory for a social pre- judice. It is said that when the son of a haberdasher or some such busi- ness applied, he was minutely examined as to whether he had ever done anything in connexion with his father's calling,—handling hosiery being an inexpiable offence. It is or was pretty generally supposed that the practice of any trade incapacitated for ever—no purgatory could efface the stain ; but perhaps this rule might not be enforced now, or at least not avowed. It would, however, be safer to apply to the Inner Temple, which about ten years ago voluntarily offered to be bound by the decision of the Judges in refusing admission to a candidate. But how the Judges would decide, is matter of uncertainty : probably they would not decide at all, (as in Mr. Hayward's case,) refusing to interfere with the "dis- cretion " of the Benchers. If the other Inns would (as it has been said they will) allow a similar appeal, the objection still remains, that there is neither law nor known rule, but that all is arbitrary, close, and monopo- lizing. In the Tuner Temple, however, it should be said that persons ap- plying for admission have to undergo an examination in classical at- tainments and general literature ; not, it appears, to ascertain the learning, but the style of man. "The object," says the Treasurer, "was not to ascertain whether he was a good scholar or not, bat to see how he had spent his time, and whether he was of gentlemanly habits, so that we might have some security for his being fit to come into such a society, where we expect to have a gentleman. It is clearly some test of fitness, though it is not conclusive." Such being the object, why not take direct means to attain it ? Pass a regulation that every candidate should dine the Benchers.

Some of their "fantastic tricks" have been played in public. It is well known that in the early part of the century they passed a rule that no writer for the newspaper press should ever be admitted to the bar. The expressed opinion of Parliament put a stop to that prank. Unless we are much mistaken, they tried to establish a similar rule as regards attornies. That powerful body took the law into their own hands—held a meeting and resolved to withhold their briefs from any one who voted for the rule; which quickly brought that scheme to an end. With- in these few years, the barristers of certain circuits (not in this case the Bench, though Benchers were doubtless among them) resolved to exclude from the circuit mess such of their number as reported law-cases for the daily papers. Thia was at all events a definite rule ; and one atm see some reason for the objection, as such a reporter, being himself a barris- ter, might indulge his favour or his enmity and give a turn to matters with a view to business. However, when the heads of the bar met in London to consider the subject., discretion was found to be the better part of valour; for they are sometimes as cowering in their fears as they are lofty in their projects : which is, indeed, a necessary consequence of their false position.

Such affectation of choice and purity is all the more preposterous, be- cause we have only to look about us to see the sort of persons they do admit ; or whom they do not expel or disbar, though with the power of doing so. We will not travel to the Police-office, or Doctors' Commons, or the Insolvent Courts, to touch upon personal scandals ; although the Benchers profess themselves anxious to guard against each things. Let us look to the public conduct of barristers at the bar. According to the lifiroir aux Justices, (temp. Ed. IL) a "pleader is suspendable when he is attainted to have received fees of two adversaries in one cause "; which, unless the writer means the taking a fee from each side at the same time, is now an established rule, done by every barrister as often as the opportunity is given him. To deceive the Court by falsehood or trick, seems in those ancient times to have been held a grave offence, punishable both by statute and common law. "The third thing is, that he put no false dilatories into court, nor false wit- nesses, nor move or offer any false corruptions, deceits, 'casings, or false lies, nor

consent to any such." •

"The twenty-ninth chapter of the statute of Westminster 3 Edward I. is to the following effect—'It is provided also, that if any sergeant, counter, or other, do any manner of deceit or collusion in the King's court, or consent unto it in de- ceit of the court, to beguile the court or the party, and thereof be attainted, he shall be imprisoned for a year and a day, and from thence shall not be heard to plead in that court for any man; and if he be no counter he shall be imprisoned in like manner, by the space of a year and a day at least; and if the trespass re- quire greater punishment, it shall be at the King's pleasure.' "* Is the slightest attempt made to enforce these wholesome regulations now ? Without going into old grievances, or alluding to small or doubt- ful matters, or things which however true cannot be distinctly proved, we may mention one or two matters evidently falling within these rules. It is not long since justice was defeated, and a criminal let loose upon society, by the cunning management of his counsel, and a false state- ment from that counsel misleading the Cond. So far from the censure of the Benchers overtaking him, he defended his conduct, declared that all other barristers would do the same, and boldly told the Judge who re- primanded him that he would bring the matter Wore his Inn; though had that Inn done its duty, it would have brought him before the Bench and suspended or disbarred him. In Mcliaughten's ease, the Crown sent sicians to examine the prisoner ; they reported him insane; the then citor-General suppressed their evidence,—as if the duty of a public pro- secator were to hunt a man to death, or as if truth and justice and life itself were as nothing in comparison with a verdict. The power of remedying all the evils connected with the Inns of Court, or the education and practice of the bar, vests in the Be.nobers. Exist- ing laws, if enforced, would do much; but were there none, the power of the Bench is absolute as to originating rules and regulations for the go.

• Blackstone also lays it down, that a client has a remedy by action against an advocate who neglects to appear. (Vol. IR. marginal paging 166.) But modern decisions have overruled the old law. vemment of their Inn, subject only to the control of the Judges when a case arises. It may, however, be doubted whether they will do anything effectual, if they are not compelled; and this less from disposition than frame of mind, or what the Scripture calls "blindness." The Benthers have no sense of their true position no idea of a public trust to be exer- cised—of a public duty to be fulfilled. The Inn is the property of the Benchers; the students and barristers are their subjects, or in Tropical language their "people," whom it is their practice to foster and encou- rage so long as they "behave themselves," but upon whom the'y may levy what they please, and whom they may rule pretty much as they please, while the millions beyond the pale have no" inchoate" rights what- ever. In the late case of "Proceedings before the Judges as Visitors of the Inns of Court, on the Appeal of A. Hayward, Esq., Q.C.," * they denied the jurisdiction of the Judges in the matter ; and though the Judges affirmed their right, they can scarcely be said to have exercised it, since they ascribe the determination of electing to the Bench entirely to the Benchers, and confine their attention to the mode of excluding by one black ball.

"They (the Java) all think that the mode of election, by which a single black ball will exclude, is unreasonable; and they strongly recommend the -Benchers of the Inner Temple in future to conduct their elections to the Bench on some more satisfactory principle."

—The "satisfactory principle" now is four black balls.

The kind of reform these monopoly bodies want is not a very difficult matter to settle. Something like the following would meet the case.

1. Since the free-born man is no longer a distinction, and the demand of noble blood would weed the bar most terribly, certificates of character and a successful preliminary examination should entitle the applicant to admis- sion. The examination might be in Latin, Roman and English history, the elements of jurisprudence; (if there were really any classical book upon the subject,) or the Institutes of Justinian. The Greek language, or ancient and modern history, or Blackstone, or some history of English law, might be added, if more extended acquirements were deemed desirable. General literature does not seem a fit subject for a candidate's examination. If the facts alone are taken—as "of what nation was Cervantes? when did he flourish? what did he write? "—a cramming-book would qualify a pretty good memory to pass muster in a week or two. The reading of a young man, and his opinions thereupon, might be made a very good test of the extent of his capacity, and his critical and reflective powers; but unless it rested in mere baldness, would press too severely on probationers.

2. During the first stage of studentship, there should be a compulsory course of jurisprudence and Roman law, and an examination upon those subjects. The course should be a series of lectures, provided by the Inn, attendance being proved by certificate; the examination to be in text-books on the subjects of the lectures.

3. Before a student could become a special-pleader, &c., he should have attended a course of lectures on English law, be examined generally in that subject, and in the special branch of it he intended to pursue. Attendance In the chambers of some practising lawyer is so essential to professional success, that the proof of it might either be dispensed with or enforced.

4. The character and education, general legal knowledge and special training of the students, being thus cared for, the call to the bar might re- -main the mere form it is, or the old exercises might be revived. They could be made a very efficient mode of training for forensic argument and -elocution, as well as a test of a bar candidate's ability.

5. The error of the Benchers towards the bar has not of late years been that of severity. If they kept a sharper eye upon the learned gentlemen, it would improve the body both in conduct and character. A public officer seems to be required, whose duty it should be to bring before the Bench any professional or notorious personal turpitude.

• The Benchership is so purely a matter of compliment and professional status, that it is ecarcely a question of public concern. Queen's counsel are mostly gentlemen quite able to take care of themselves. It would be more Satisfactory if a Bencher were elected by the whole body of barristers, or by barristers of a certain standing. If the self-election is to continue, some more proper form of proceeding than by secret vote should certainly be adopted.

The reader who wishes to investigate the subject of the reform we have outlined, will not find muth assistance from the volume before us. In Mr. Pearce's eyes whatever is is right. The Benchers are themes of panegyric; their regulations just what they ought to be, till they change them. Some of the particulars he gives and the facts he collects are, however, suggestive of Inn life, and the sort of mind it tends to pro- -duce.

• * Benning and Co.