The Lay Profession

By the Norman Conquest the settled pattern was that only those in priestly orders could act as lawyers. Their training was in Canon Law, but as the Common Law developed from the decisions of the Judges in the King's Courts that too became their province. Those priests who studied to practice the law were attached to certain of the City churches, where they lived and took their meals in common in hostels that were law schools.

The King's Justices sat primarily at Westminster but also in and near the New Temple. The students were sent to listen and learn. They were provided with a common room or "crib".

In time laymen must have been admitted to the schools for by 1207 priests were forbidden to practice in the secular courts, and in 1252 even to teach the Common Law. The two systems of Canon and Common Law thereafter followed their separate paths. In 1254, and for reasons that may reflect this separation, a Writ of King Henry III directed to the Mayor and Sheriffs to close the schools of law in the City. These law schools and their hostels moved to the Western borders of the City. It was from among these institutions that the four Inns of Court emerged. The others over time became known as Inns of Chancery and at first trained those students who went on to become students in the four Inns of Court. Later they were to become the preserve of solicitors, and later only social clubs until they were dissolved.

In the late 13th century are found the first surviving records of the qualifications required of those who would follow the profession of Advocate. In 1275 was published the "Speculum Juris" which set out the qualifications required. The City's "Liber Custumarum" of 1280 contains the standards and rules of the profession which was already divided into attornies (presently solicitors) and countors (or apprentices, the title barrister being of later date and reflecting strictly the man's status in his Inn). An attorney had to be admitted by the Mayor before practising in the City. A countor was forbidden to act as an attorney.

Finally, in 1292, King Edward I charged his Judges of the Common Bench (Common Pleas) with choosing the "best lawyers from the counties, so that the King's court and the people of the Kingdom should be better served and those selected should follow his court and be present therein, and no others". The heading to this provision is "De attornatis et apprenticiis": both branches thus came under the control of the Judges. The apprentices were usually described as the "Apprentices of the Common Bench" or "of the Bench". The Serjeants, or servintes ad legem, were of older institution and enjoyed rights of audience in the King's Courts, but there would have been a need to supplement that small group with other lawyers of recognised qualifications. It has always been accepted that the right of the four Inns of Court to call appropriately qualified students to the Bar is one delegated to them by the Judges. The King gave it as his opinion that seven score lawyers would suffice, but the Judges had a discretion to nominate more.