Age of Lawyers exhibition material

This article offers a comprehensive and descriptive list of each piece included in Age of Lawyers, one of the Exhibitions at the Folger.

This exhibition was arranged into four sections: Legal Lives; The Great Courts; Law and Communities; and The King and the Law.

Legal Lives (Section 1)

Learning the Law

Many law students became lawyers and judges. Others, however, were young gentlemen with no plan of practicing law. They sought legal knowledge instead for social polish, advancement, and the practical skills needed to serve at court or manage an estate. Both the future lawyers and their fellow students were confronted by a challenging, technical field. Typically, a student started out at about 18 at one of the residential Inns of Chancery, where he learned basic property law and how to draft writs and pleadings. After three years or so, at about 21, those who aspired to higher professional status—and could afford it—joined one of the four Inns of Court, graduating after several years when senior lawyers "called them to the bar."

Items Included

• Wenceslaus Hollar. The Prospect of London and Westminster taken from Lambeth. Call number: MAP L85c no.2 copy 2.

The Inns of Court (Case 1.1)

Both lawyers and law students lived, studied, and worked at the Inns of Chancery and Inns of Court. With so many relatively young students in residence, the inns buzzed at times with song, dance, masques, pageants, rich dinners, and Christmas festivities. A century earlier, in 1470, Sir John Fortescue called them as much an "academy of manners" as a law school. Senior lawyers, who governed their own inns, saw themselves as part of the community. When the courts were not in session, for example, they gave lectures, called readings.

Items Included

• John Strype. A survey of the cities of London and Westminster, and the borough of Southwark. ... Written at first in the year 1698, by John Stow, ... Corrected, improved, and very much enlarged, in the year 1720. London: 1754-55. Call number: 185-054 vol I; Displayed: plate facing leaf 8Y1 verso (page 728): plate 53, A Mapp of St. Andrews Holborn Parish.

Life at the "Third University" (Case 1.2)

Law students often studied for a year or two at one of England's only two universities, Oxford and Cambridge, before they started their legal education. By Shakespeare's day, the Inns of Court and Chancery were sometimes called the "third university"—a term meant as an admiring metaphor, rather than literally. Students at the inns, as in any era, had to find their footing. The letters shown here discuss trouble finding a place to stay and the timeless need for more money from home.

Items Included

• Edmund Howes. Annales, or, a generall chronicle of England. Begun by Iohn Stow: continued and augmented with matters forraigne and domestique, ancient and moderne, vnto the end of this present yeere, 1631. London: John Beale, Bernard Alsop, Thomas Fawcett, and Augustine Mathewes, 1632. Call Number: STC 23340 copy 1; Displayed engraved title page.
• Letter from Lewis Bagot, [London], to Walter Bagot. Manuscript, November 10, 1604. Call Number: L.a.63; Displayed leaf 1r.
• Letter from Lewis Bagot, [London], to Walter Bagot. Manuscript, November 20, 1604. Call number: L.a.64;; Displayed leaf 1r.
• Letter from William Bagot, Inner Temple, to Walter Bagot. Manuscript, February 27, 1622/3. Call number: L.a.182; Displayed leaf 1r.

Reading, Notes, and Study (Case 1.3)

Learning the common law was, in large part, an oral tradition. Students attended the central Westminster courts and took notes—in "law French"—on how the cases were argued and the court's reasoning. At the inns, readings or lectures were heard in person, and legal debates called moots were organized over hypothetical cases. But students also spent time with Year Books, unofficial records of past cases organized by the years of a monarch's reign. Other books, too, were considered worthy of study; in keeping with the legal culture of the time, some were printed and others were only in manuscript. Students kept "commonplace books" of key points or lines of argument as well.

Items Included

• Francis Bacon 1561-1626. The learned reading of Sir Francis Bacon, one of her Majesties learned counsell at law, upon the Statute of Uses: being his double reading to the Honourable Society of Grayes Inne. Published for the common good. London: 1642. Call number: B301 copy 3 Bd.w. STC 20889.5; Displayed: title page.
• John Perkins. A profitable booke of Master Iohn Perkins felow of the Inner Temple treating of the lawes of Engla[n]d. London: Richard Tottell, August 31, 1581. Call number: STC 19637 copy 2; Displayed: 121a
• John Rastell. An exposition of certaine difficult and obscure words, and termes of the lawes of this realme, newly set forth and augmented, both in Frenche and English, for the helpe of such yong students, as are desirous to attaine to the knowledge of the same. London: Richard Tottel, 1592. Call number: STC 20708 copy 2; Displayed: folio 112v-113r.
• Sir Henry Finch. Nomotechnia, viz. the art of law or a description of the common lawes of England according to the rules of art together with all the cheife and principall statutes comeinge in their places whereby the common law is inlarged abridged or any way altered from the beginneinge of Magna Charta made 9 H. 3 to the end of the fourtyeth yeare of her late maties. most gratious raygne. Manuscript, 1607. Call number: V.a.320, Folio 2; Displayed: folio 2r.

A Multiplicity of Lawyers

In Shakespeare's time, the English legal profession was divided between two broad groups of lawyers, each permitted to perform certain functions. Barristers, who completed their studies in an inn of court, made up the "upper branch," able to argue in court and provide expert opinions. Lawyers in the "lower branch" studied at an inn of chancery, then clerked for a legal practitioner, becoming solicitors or attorneys. Such practitioners were more likely to work directly with clients. A solicitor did not argue in court, but could retain a barrister for the client.

Upper Branch

Serjeant at law. The top legal rank below the attorney general. Only serjeants could address the Court of Common Pleas or become justices of Common Pleas or King's Bench

Bencher. Also called a master of the bench, a senior lawyer who had given one or more readings at his inn. Benchers helped to govern the inns and called students to the bar to graduate.

Barrister. Graduate of an inn of court. A law student graduated on being "called to the bar"—a reference to the wood bar at an inn's moots (debates on hypothetical cases).

Lower Branch

Attorney. A lawyer who worked with clients, advising them on topics such as litigation, estate management, and finances

Solicitor. Similar to an attorney, but for the Court of Chancery. An attorney could also be a solicitor.

Proctor. Similar to an attorney or solicitor, but for the ecclesiastical (church) courts

A Wide Variety of Roles (Case 1.4)

Much as they do today, lawyers in Elizabethan and Jacobean times took on a great variety of work, from helping to settle disputes, to providing guidance to clients, to advocating for them in court. Lawyers helped in property negotiations and did legal research that could verge on antiquarian or historical study. Many also served as judges, justices of the peace, and members of Parliament. The documents in this case provide a small sampling of a working lawyer's diversity of tasks.

Items Included

• Oath of a serjeant at law. Manuscript, 1577. Call number: X.d.122(4); Displayed: leaf 1r.
• Sir Humphre Davenport. Legal opinion concerning the right of a Lieutenant of the Tower to the goods of an attainted prisoner in his care. Manuscript, 1620. Call number: L.b 669; Displayed.
• Thomas Powell. The attourneys academy. London: Nicholas Okes and Bernard Alsop, 1623. Call number: STC 20163.2; Displayed: title page.
• Legal formulary. Manuscript, ca. 1620-1630. Call number: V.b.306.
• Letter from William Yelverton to Nathaniel Bacon. Manuscript, August 9, 1604. L.d.636; Displayed leaf 1r.

Literary Lawyers (Case 1.5)

Bright minds interested in words and language offered a fertile ground for poetry and other literature at the Inns of Court. John Donne, for example, a one-time law student, wrote poems about the experience and used legal terms in many of his later works. Players once performed Shakespeare's The Comedy of Errors for the holidays at Gray's Inn.

Items Included

• Gesta Grayorum. London: W. Canning, 1688. Call number: C444 copy 1; Displayed; pages 22-23.
• John Donne. Poems, by J.D. VVith elegies on the authors death. London: Miles Flesher, 1633. Call number: STC 7045.2 copy 1; Displayed: page 325.

• Copy of John Donne’s Satyres I and II. Manuscript, 1590s. Call number: X.d.580; Displayed: front cover.
• William Shakespeare. Mr. VVilliam Shakespeares comedies, histories, & tragedies : published according to the true originall copies. London: Isaac Iaggard and Ed. Blount, 1623. Call number: STC 22273 Fo.1 no.47; Displayed; title page for The Comedy of Errors.
• Justice’s handbook. Manuscript, ca. 1575. Call number: V.a.247; Displayed: 5th and 6th leaves.

The Great Courts (Section 2)

• Wenceslaus Hollar. Ciuitatis Westmonasteriensis pars [Westminster from the river]. 1647. Call number ART Vol. d60 no.16.

The Westminster Courts

In early modern England, Westminster was the center of the legal world. In 1215 and in its later reissues, Magna Carta decreed that the Court of Common Pleas should be held in a fixed place, rather than following the king in his travels. That "fixed place" was Westminster Hall. Common Pleas was later joined in the hall by the Court of King's Bench, a second common law court that heard pleas to which the king was technically a party—including cases of murder and other major crimes.

Chancery, a court of civil equity rather than common law, became the third great court inside the same hall, with Exchequer, which dealt with revenues and taxes, in an adjacent building. A fifth court, the Star Chamber, was based in the Parliament building next door. It was intended to provide justice where the common law did not recognize a crime, such as in cases of dueling or seditious libel.

Twice a year, at times when the Westminster courts were not in session, the judges of Common Pleas, King's Bench, and Exchequer traveled to the seats of the English counties to serve as justices of the assizes. Local trials were usually held there, so that jurors and witnesses did not have to travel to Westminster.

Common Law Court

The common law courts applied the rule of law to provide monetary damages or criminal penalties.

Common Pleas. Civil pleas between citizens.

King's Bench. Originally for pleas to which the king was a party; expanded to include many others.

Exchequer. Revenues. Included the Exchequer of Pleas and the Exchequer of Receipts.

Prerogative Court

The prerogative courts derived their authority from the Crown's power to provide justice; they applied broad principles of justice on a case-by-case basis.

Chancery. Discretionary civil justice guided by traditional principles of equity. 

Star Chamber. Discretionary criminal justice for crimes and misdemeanors unknown to the common law.

Pressing a Suit in Common Law (Case 2.1)

Common law is, in effect, the unwritten rules of law developed through the precedents of past cases; ideally, a given type of legal dispute will always be resolved in the same way. The English common law courts were therefore known for very precise procedures. The attorney for an aggrieved party had to choose the correct kind of writ out of many possibilities and have it issued by the clerks of Chancery. The parties then exchanged written pleadings to clarify the issues at hand. Much like today, most civil cases were settled before going to trial. If arguments had to be made, however, a barrister was retained; attorneys could not speak in court.

Items Included

• William Noy. A treatise of the principall grounds and maximes of the lawes of this kingdome. Very usefull and commodious for all studients, and such others as desire the knowledge, and understanding of the lawes. Written by that most excellent, and learned expositor of the law, W.N. of Lincolns-Inn, Esquire. London: R.H. by permission of the assignes of John Moore, Esquire, 1641. Call number: N1451 Copy 1 Bd.w. STC 6981 Copy 2; Displayed: Folio 1 of text 2.
• Writ of covenant from the Court of Chancery to the sheriff of Nottinghamshire. Manuscript, April 8, 1555. Call number: Z.c.27 (2). Displayed: 1r.
• Writ of covenant from the Court of Chancery to the sheriff of Nottinghamshire. Manuscript, March 26, 1578. Call number: Z.c.27 (3). Displayed: 1r.
• Charge for Goodwife Ivery. Manuscript, 1587. Call number: L.f. 218.
• Case of Goldsmith v Sir Roger Townshend, 1st bart.. Manuscript, September 1622. Call number: L.d.868; Displayed: leaf 1r.

Traveling to the Assizes (Case 2.2)

Courts of Assize were held twice a year in each county, during times when the Westminster courts were not in session. The judges of Common Pleas, King's Bench, and Exchequer presided over the assizes, which were grouped into regional circuits. Prominent residents often served on the grand juries. The assizes were more than legal events, however; like county fairs, they were much-anticipated occasions. The traveling judges were also seen as personal representatives of the king. County sheriffs made every effort to provide them with grand dinners and fine lodgings.

Items Included

• Menu for Lent Assizes. Manuscript, ca. 1620. Call number L.f.45; Displayed: leaf 1r.
• Notebook of a barrister riding on the Midland Circuit. Manuscript, ca. 1609 February-1610/11 February. Call number V.a.489.
• Letter from John Lord, London, to Sir Humphrey Ferrers, Walton. Manuscript, 2 June 1597. Call number L.e.568; Displayed: leaf 1r.
• List of jurors in the case of Thomas Whiston v. Thomas Smyth. Manuscript, Ca. 1610. Call number L.a.1067; Displayed leaf 1r.

The Court of Chancery (Case 2.3)

A major alternative to the courts of common law was Chancery, also in Westminster Hall. Both the unwritten common law and specific statutes (laws) could produce unfair results when they were applied rigidly; in other disputes, neither statutes nor common law applied. Chancery, headed by the Lord Chancellor, developed to deal with such disputes, based on the maxim that there should be "no wrong without a remedy," which goes back to Roman law. As a court of equity, Chancery reached decisions based on the facts and broad principles of discretionary justice. It held no jury trials; instead, it gathered facts through interrogatories—prepared questions—and local research by commissioners.

Items Included

• A general catalogue of all the names and arms of all the Lord Chancellors and Keepers of the great seal of England. Manuscript, 1617-ca.1650. Call number: V.a.279; Displayed: Francis Bacon's Arms.
• Interrogatories on behalf of William Bradbourne, William Bradbourne vs. Anthony Bradbourne. Manuscript, Ca. 1599. Call number L.e.845; Displayed: leaf 5r.
• Petition against Lady Bacon and Sir Owne Smith, from Lady Elizabeth (Bacon) Knyvett to Thomas, Lord Coventry, lord keeper. Manuscript, ca. 1630. Call number L.d.639; Displayed: leaf 1r.
• Case in chancery before Nathaniel Bacon between Thomas Edward and Thomas Grigge. November 14, 1604. Call number: L.d.739; Displayed: leaf 1r.

Star Chamber and Exchequer (Case 2.4)

The Star Chamber is surely the best known of the Westminster courts today. Although it handled many uncontroversial cases, it is most associated now with those that asserted, and abused, royal power.  In hearing Star Chamber cases, the Lord Chancellor was assisted by privy councillors, the chief justice of King's Bench, and other judges, as needed. Contrary to a common misconception, the Star Chamber was not a secret court. Students and others attended and took notes.

This display case also encompasses the fifth of the great Westminster courts, the Exchequer, which was focused on revenues and taxes.

Items Included

• Expenses of the diet provided to Court of Star Chamber during Easter term signed by Sir Christopher Hatton and Lord Burghley. Manuscript, 1591. Call number: X.d. 98; Displayed: leaf 3r.
• Letter from Henry Michell, Clements Inn, London, to Sir Humphrey Ferrers, Walton. May 1, 1605. Call number: L.e.578; Displayed: leaf 1r.
• Reports of cases in the court of Star Chamber. Manuscript, 1596-1619. Call number: V.a.133; Displayed: folio 30-31.
• Allowance of £58 from the Exchequer to Thomas Reve, upon his petition. Manuscript, March 27, 1568. Call number: X.d.329; Displayed: letter side.