land, in the aula regis, or such of his palaces wherein his royal person resided; and had removed with his household from one end of the kingdom to the other. This was found to occasion great inconvenience to the suitors; to remedy which it was made an article of the great charter of liberties, both that of king John and that of king Henry III. (f), that "common pleas should no longer follow the king's court, but be held in some certain place:" in consequence of which they have ever since been held (a few necessary removals in times of sickness excepted) in the palace of Westminster only. This brought together the professors of the municipal law, who before were dispersed about the kingdom. and formed them into an aggregate body; whereby a society was established of persons, who (as Spelman (g) observes), addicting themselves wholly to the study of the laws of the land, and no longer considering it as a mere subordinate science, for the amusement of leisure hours, raised those laws to the pitch of perfection which was attained by them under the auspices of our English Justinian, king Edward I.

The institution of the inns of court.

The professors and practitioners of our law thus naturally fell into a kind of collegiate order; and, being excluded from Oxford and Cambridge, found it necessary to establish a new university of their own. For this purpose they acquired at various times certain houses(h), *the inns of court and of chancery (i), between the city of West[*19] minster, the place of holding the king's courts, and the city of London, for advantage of ready access to the one, and plenty of provisions in the other(k). Here exercises were performed, lectures read, and degrees were at length conferred in the common, as at other universities in the canon and civil law. The degrees were those of barristers (first styled apprentices(1) from apprendre, to learn) who answered to the bachelors of our universities: as the state and degree of a serjeant(m), serviens ad legem, corresponded to that of doctor.

The crown seems to have soon taken under its protection this infant seminary of common law; and the more effectually to foster and cherish it, king Henry III., in the nineteenth year of his reign, issued an order directed to the mayor and sheriffs of London, commanding that no regent of any law school within that city should for the future teach law therein(n). The word law, or leges, being a general term, may create some doubt at this distance of time, whether the teaching of the civil law, or the common, or both, is hereby restrained.

(g) Glossar. 334.

(ƒ) C. 20, of the former, and c. 11, of the The first two belong to Gray's Inn, the next latter. to Lincoln's Inn, the next three to the Inner Temple, and the last to the Middle Temple. Furnival's Inn, which belongs to Lincoln's Inn, and the Strand Inn, which formerly belonged to the Middle Temple, have long ceased to exist as law societies. (k) Fortesc. c. 48.

(h) The Inner Temple, Middle Temple, Lincoln's Inn, and Gray's Inn. As to the origin and constitution of these learned societies, the reader is referred to the Report presented to Parliament, A. D. 1855, by the commissioners appointed to inquire into "the arrangements in the Inns of Court and Inns of Chancery for promoting the study of the law and jurisprudence."

(2) Gray's Inn, Lincoln's Inn, the Inner Temple, and Middle Temple, are the only societies the members whereof are called to the bar. The Inns of Chancery are Barnard's Inn, Staple's Inn, Thavies's Inn, Clement's Inn, Clifford's Inn, Lyon's Inn, and New Inn.

() Apprentices or barristers seem to have been first appointed by an ordinance of king Edward I. in Parliament, in the 20th year of his reign; Spelm. Gloss. 37; Dugdale, Orig. Jurid. 55.

(m) Serjeants' Inn is appropriated to serjeants-at-law.

(n) Ne aliquis scholas regens de legibus in eâdem civitate de cætero ibidem leges doceat.

But in either case it tends to the same end. If the civil law only is pro- [*20] hibited (which is Mr. Selden's (o) opinion), it is then a retaliation upon the clergy, who had executed the common law from their seats of learning. If the municipal law be also included in the restriction (as sir Edward Coke(p) understands it, and which the words seem to import), then the intention is evidently this; by prohibiting private teachers within the walls of the city, to collect all the common lawyers into the one public university, which was newly instituted in the suburbs.

nobility and

studied at the

inns of court

In this juridical university (for such it is insisted to have been by Fortescue (4) and sir Edward Coke (r) ) there were two sorts of collegiate houses; one called The sons of our inns of chancery, in which the younger students of the law were gentry formerly usually placed, "learning and studying," says Fortescue(s), "the originals, and as it were the elements of the law; who, profiting and chancery. therein, as they grew to ripeness, so were they admitted into the greater inns of the same study, called the inns of court." And in these inns of both kinds, he goes on to tell us, the knights and barons, with other grandees and noblemen of the realm, did use to place their children, though they did not desire to have them thoroughly learned in the law, or to get their living by its practice: so that in his time there were about two thousand students at the several inns, all of whom he informs us were filii nobilium, or gentlemen born.

Hence it is evident, that though under the influence of the monks our universities neglected this study, yet in the time of Henry VI. it was thought highly necessary, and was the universal practice, for the young nobility and gentry to be instructed in the elements of our laws. By degrees,, however, this custom unfortunately fell into disuse; so that in the reign of queen Elizabeth sir Edward Coke(t) does not reckon above a thousand students for *the [*21] bar, and the number at present is very considerably less. Yet although many of such as are admitted to the degree of barrister neither intend to practise nor have qualified themselves to do so, the requirements of the public in regard to this learned profession have doubtless during recent years been more than adequately supplied.

The privilege of calling to the bar is (subject to limitations below indicated (u)) vested in the benchers or governing body of each of the four inns of court; and by these societies has recently been framed and brought into operation a curriculum of legal education, the outlines whereof are sufficiently set

respect to the call to the bar, Mr. Justice Littledale said that "a member who has been suffered to incur expense with a view to being called to the bar, thereby acquires an inchoate right to be called, and if the benchers refuse to call him, they ought to assign a reason for so doing; and if there be no reason, or an insufficient one, then the member, who has acquired such inchoate right, is entitled to have that right perfected."

The benchers claim, and have occasionally exercised, the power to disbar members after they have been called to the degree of barrister-at-law.

forth in the note below (x). (4)* From the introduction and establishment of this system solid advantages have flowed, and it is satisfactory to add, that legal studies are now, through the wisdom of collegiate preceptors and the benefi

(2) No. I.

(4) In the United States the rule as to admission to practice is very liberal. And in all of the States the subject is regulated by statute or by the rules and practice of the court, or by both of them.

It is quite common to set forth in a note some general rules relating to the study of the law. But no such note can do more than to state in the most general terms a few suggestions, which, from the nature of the case, must be very imperfect.

If the student desires useful information at a small expense he will find it in Warren's Practical Introduction to Law Studies; a new American edition of which has recently been published. The American editor of that work, ISAAC GRANT THOMPSON, Esq., has discharged his duty with learning and elegance, and there is no book which the editor can more cheerfully recommend to the student than this edition of the work. The publisher is JOHN D. PARSONS, Jr., of Albany, N. Y.

*THE CURRICULUM OF LEGAL EDUCATION AT THE INNS OF COURT.

The entire system of education at the Inns of Court may be said to include the following subjects-I. The admission of students; II. The mode of keeping terms; III. The calling of students to the bar; IV. The granting of certificates to practice under the bar; and V. The lectures and examinations. The system is based upon certain regulations approved of by the Four Societies jointly, of which the substance is as under:

I. As to the Admission of Students. Every person,' not otherwise disqualified, who has passed a public examination at any of the universities within the British dominions, may be admitted as a student at any Inn of Court, for the purpose of being called to the bar, or of practicing under the bar, without passing any preliminary examination. But every other person so applying to be admitted is required before admission to pass an examination in the following subjects, viz.:1-The English Language; The Latin Language; and English History. The Benchers of any Inn have power, however, to relax or dispense with this regulation, in whole or in part, in any case in which they may think that special circumstances justify a departure from it.

2

3

II. As to keeping terms. — Students of the Inns of Court, being at the same time members of any of the universities of Oxford, Cambridge, Dublin, London, Durham, the Queen's University in Ireland, St. Andrew's, Aberdeen, Glasgow, or Edinburgh, can keep terms by dining in the halls of their respective societies any three days in each term; and students, who are not at the same time members of any of the said universities, may do so by dining in the halls of their respective societies any six days in each term.3

III. As to calling to the Bar. - Every student must have attained the age of twenty-one years before being called to the bar, and must have kept twelve terms before being so called, unless any term or terms shall have been dispensed with as hereinafter mentioned."

1 No attorney at law, solicitor, writer to the signet, or writer of the Scotch courts, proctor, notary public, clerk in chancery, parliamentary agent, or agent in any court original or appellate, clerk to any justice of the peace, or person acting in any of these capacities, and no clerk of or to any barrister, conveyancer, special pleader, equity draftsman, attorney, solicitor, writer to the signet, or writer of the Scotch courts, proctor, notary public, parliamentary agent, or agent in any court original or appellate, clerk in Chancery, clerk of the peace, clerk to any justice of the peace, or of or to any officer in any court of law or equity, or person acting in the capacity of any such clerk, is admissible as a student at any Inn of Court for the purpose of being called to the bar, or of practicing under the bar, until such person shall have entirely and bona fide ceased to act or practice in any of the capacities above-named or described; and if on the rolls of any court, shall have taken his name off the rolls thereof.

2 Which is conducted by a joint board appointed by the Inns of Court.

3 But no day's attendance in hall will be available for the purpose of keeping term, unless the student attending shall have been present at the grace before dinner, during the whole of dinner, and until the concluding grace shall have been said.

4 A rule has also very recently been promulgated to this effect:-That not more than four terms under any circumstances be dispensed with in favor of students coming from India or the colonies with a view to return to residence there. and that it is not expedient to dispense with any terms for

cence of private benefactors, gradually receiving in our great universities attention and encouragement in some degree commensurate with their value. Without at all insisting upon academical education as an indispensable preliminary

Further, no student is eligible to be called to the bar who has not attended during one whole year the lectures and private classes of two of the readers, unless he has been a . pupil during one whole year, or periods equal to one whole year, in the chambers of some barrister, certified special pleader, conveyancer, or draftsman in equity, or two or more of such persons, or has satisfactorily passed a general examination.1

Calls to the Bar take place during term and on the same day by the several societies, namely, on the sixteenth day of each term, unless such day happen to be Sunday, and in such case on the Monday after.

IV. As to certificates to practice under the Bar. - No student of any Inn of Court is allowed to apply for or take out any certificate to practice, either directly or indirectly, as a special pleader, or conveyancer, or draftsman in equity, without the special permission of the benchers of the society of which he is a student, and no such permission will be granted until the student applying has kept twelve terms. Such permission is granted for one year only from the date thereof, but may be renewed annually.

No student can obtain any such certificate unless he shall have attended such lectures and classes, or passed such an examination, or been such pupil, as would be necessary to entitle him to be called to the Bar.2

V. As to the Lectures and Examinations. These are under the special superintendence of "The Council of Legal Education," consisting of eight Benchers, of whom two are nominated by each of the Inns of Court, and of whom four are a quorum.

The Council has power to grant dispensations to students, who may have been prevented by any reasonable cause from complying with the regulations as to attendance at lectures and classes, and all arrangements touching the number of public lectures to be delivered by the readers, and the hours and extent of private classes, are with the Council.

For the purposes of education the legal year is considered as divided into three terms. one commencing on the 1st of November and ending on the 22nd of December, the second commencing on the 11th of January and ending on the 30th of March, and the third commencing on the 15th of April and ending on the 31st of July, subject to a deduction of the days intervening between the end of Easter and the beginning of Trinity Term.

For the purpose of affording to the students, the means of obtaining instruction and guidance in their legal studies, six readers are appointed, viz. : — (1) a reader on jurisprudence and civil and international law; (2) a reader on the law of real property; (3) a reader on the common law;3 (4) a reader on equity; (5) a reader on constitutional law and legal history; and (6) a reader on Hindu and Mahommedan law, and on the laws in force in British India.

The duties of these readers principally consist in the delivery of lectures in each educa tional term; of the formation of classes of students, for the purpose of giving instruction

such students except on the following conditions, viz.: (1) That students from India do satisfactorily pass an examination in Hindu and Mahommedan law, the Indian penal code, the code of civil procedure, the Intestate and Testamentary Act, and in such other codes or acts as may from time to time become law in British India; and in addition to such examination do pass such examinations and abide by all such rules and regulations as are now in force for students seeking a pass certificate by examination for call to the bar. (2) That students from the colonies do pass such an examination as is required, and do abide by all such rules and regulations as are now in force in order to obtain a certificate of honor. (3) Provided that each Inn of Court may under very special circumstances dispense with the above conditions.

1 Students admitted before the first day of Hilary Term, 1864, have the option of qualifying themselves to be called to the bar, either under the previous rules of the Inns of Court of Hilary Term, 1852, or under the present regulations.

2 Students admitted before the first day of Hilary Term, 1864, have the option of qualifying themselves to obtain such certificates, either under the rules of the Inns of Court of Hilary Term, 1852, or under existing regulations.

3 It is part of the duty of the reader on the common law to give instruction in his lectures on the subject of the office and duties of magistrates.

4 Two courses of lectures are delivered by the reader on common law, the reader on equity, and the reader on real property, in each educational term, of which one is on the elementary, and the other on the more advanced portion of the subject to which his lectures apply.

to entering the profession of the law, or even upon making the rudiments of law a necessary part of academical education, we need not scruple to affirm [*22] that sciences are *of a sociable disposition, and flourish best in the neighbourhood of each other: that there is no branch of learning but may be helped and improved by assistance drawn from other arts. If, therefore, the student of our laws has polished and matured his style, by perusal and imitation of the purest classical writers, among whom the historians and orators will best deserve his regard; if he can reason with precision, and separate argument from fallacy, by the clear simple rules of unsophisticated logic; if, disciplined by abstract mathematical demonstrations, he can fix his attention and steadily in a more detailed and personal form than can be supplied by general lectures; and of affording to students, generally, advice and directions for the conduct of their professional studies.

The readers also assist in conducting the general examinations held twice a year,' for the examination of all such students as may be desirous of being examined previously to being called to the bar.

As an inducement to students to prepare themselves for such examination, studentships and exhibitions have been founded of fifty guineas per annum each, and twenty-five guineas per annum each respectively, to continue for a period of three years. One such studentship is conferred on the most distinguished student at each general examination, and one such exhibition is conferred on the student who obtains the second position; and further the examiners select and certify the names of three other students who have passed the next best examinations, and the Inns of Court to which such students as aforesaid belong, may, if desired, dispense with any Terms, not exceeding two, that may remain to be kept by such students previously to their being called to the bar. Pass certificates for a call to the bar are also awarded at these examinations; the examiners, however, are not obliged to confer or grant any studentship, exhibition, or certificate, unless they are of opinion that the examination of the students has been such as entitles them thereto.

At every call to the bar those students who have passed a general examination, and either obtained at such examination a studentship, an exhibition, or a certificate of honor, take rank in seniority over all other students who may be called on the same day.

The examination is by printed and oral questions on books and subjects specified in a programme previously issued.

Besides the above general examinations there are, in the month of July, in each year, voluntary examinations of the students upon the subjects of the several courses of lectures, but no student is entitled to go in for examination on any of such subjects, unless he has obtained a certificate from the reader that he has duly attended his lectures and classes upon the subject on which he offers himself for examination. These voluntary examinations are conducted by barristers (not being readers) nominated for that purpose by the Council of Legal Education.

As an inducement to students to attend and make themselves proficient in the subjects of the lectures, exhibitions of the respective values below mentioned, have been founded and are conferred on the most distinguished students at the voluntary examinations.

1 These examinations are held in or shortly before Michaelmas Term, and in or shortly before Trinity Term.

2 It is ordered that no student who shall be entitled to a certificate of having attended the advanced course of lectures of the reader on common law, on equity, or on the law of real property, shall be at liberty to go in for examination upon the subject of the elementary course of lectures on the same head; and that no student shall be admitted for examination on the subject of the elementary course of lectures, on any of the above-mentioned heads, after he shall have kept more than eight terms, or for examination on any of the subjects after he shall have kept all his terms, unless in either case the Council of Legal Education for special reasons think fit to allow the same.

3 Five of such exhibitions are given to members of the advanced classes in the common law, in the law of real property, and in equity, and the most proficient among the students in jurisprudence, the civil law, and international law, and the students in constitutional law and legal history, every year; they are of the value of thirty guineas a year each, and endure for two years. Three of such exhibitions are given to members of the elementary classes in the common law, in the law of real property, and in equity, and are twenty guineas a year each, and endure for two years, but merge on the acquisition of a superior studentship.