FREE BOOKS

Author's List




PREV.   NEXT  
|<   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106  
>>  
relating to attorneys and solicitors, prescribes the conditions of admission as an attorney, the time and mode of their service under articles; and the oaths to be administered to them; and authorizes the Judges of the courts of the common law, and the Master of the Rolls to appoint examiners to examine the fitness and capacity of all persons applying to be admitted as attorneys or solicitors; and the certificate, either of the common law or equity examiners, will be sufficient to entitle a person so examined to admission in all the courts, examination by both not being necessary. 3 Stewart's Blackst. 29. 2. _Barristers._--The proper legal denomination of this class is _apprentices_, being the first degree in the law conferred by the inns of court. Spelman defines apprentice, _tyro_, _discipulus_, _novitius in aliqua facultate_. This was probably the meaning of the term primarily; but as early as the reign of Edward I, it was employed to denote counsel below the state and degree of serjeant at law; one degree corresponding to that of bachelor, and the other to that of doctor, in the universities (Pearce's History of the Inns of Court, 28). Lord Coke informs us, however, that this degree was anciently preferred to that of serjeant (2 Inst. 214). They were termed _apprenticii ad legem_, or _ad barras_; and hence arose the cognomen of _barristers_. A barrister must have kept twelve terms, _i. e._, been three years a member of an inn of court, before he can be called to the Bar. After a member of an inn of court has kept twelve terms, he may, without being called, obtain permission to practice _under the Bar_. This class of practitioners are called _special pleaders_ or _equity draftsmen_ (according as they prepare pleadings in the common law or equity courts), or _conveyancers_, who prepare deeds. 3 Stewart's Blackst. 26, note. Those who are regularly called, however, may take upon them the causes of all suitors. Such of the barristers as have a patent of precedence, as king's counsel, sit within the Bar, with the serjeants; all others are called _utter_ or _outer barristers_. 3. _Serjeants at law._--_Servientes ad legem_, or serjeant-countors. The coif or covering to the head worn by this order has also given a denomination to them. There exists some differences of opinion among judicial antiquarians as to the origin of the coif. It is supposed by some to have been invented about the time of Henry III, for the purpose
PREV.   NEXT  
|<   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105   106  
>>  



Top keywords:

called

 

degree

 

serjeant

 

common

 

equity

 

courts

 

barristers

 

twelve

 
denomination
 

Stewart


Blackst

 

prepare

 
counsel
 
member
 

admission

 

solicitors

 

examiners

 

attorneys

 

judicial

 

origin


antiquarians
 

opinion

 

practice

 
practitioners
 

permission

 

obtain

 

differences

 

barrister

 

cognomen

 

purpose


invented

 

supposed

 

pleaders

 
countors
 

patent

 
precedence
 

covering

 
suitors
 
serjeants
 

Servientes


Serjeants
 

pleadings

 
exists
 

draftsmen

 

conveyancers

 

regularly

 

special

 

examined

 
examination
 

person