KING'S (NOW QUEEN'S) COUNSEL.

A KING'S (now QUEEN'S) COUNSEL is a barrister usually supposed to be in the service of the Crown. He is appointed by the Crown, and sits within the Bar, wearing a robe of silk. He enjoys precedence and pre-audience over members of the Bar who do not hold this office, and his fees are generally of higher amount. The rank is rarely conferred upon Barristers of less than ten or twelve years' standing, though lord Erskine was honoured with the distinction when he had been only five years at the Bar; and many eminent lawyers have been obliged to wait for it as long as eighteen and twenty years. In some few instances, the honour has been withheld upon political grounds; a Barrister, confessedly entitled by his professional eminence to the emolument and distinction which the office confers, has had his claims postponed on the ground of his opposition to the minister of the day. This occurrence is rare, however, and shows that the official character of a Queen's Counsel is almost nominal, and in reality consists in its being a professional advancement. — Beatson. Dod.

PATENTS OF PRECEDENCE.

LETTERS-PATENT OF PRECEDENCE are usually granted to such barristers (either King's, now Queen's, Counsel or Serjeants) as the Crown thinks proper to honour with that mark of distinction, whereby they are entitled to such rank and pre-audience as are assigned in their respective patents; sometimes next after the King's AttorneyGeneral, but usually after His Majesty's Counsel then being. They rank and sit with the King's Counsel within the bar of the respective courts, but receive no salaries, and are not sworn; and therefore are at liberty to be retained against the Crown. Blackstone.

It is a very

Throughout the numerous lists of Judicial personages, but one instance of suicide occurs. remarkable one, and is mentioned by lord Campbell."Chief Justice Hankford (temp. Henry V.) notwithstanding his high position, became tired of life, and wished to shuffle off this mortal coil, but was afraid to commit suicide at a time when a verdict of felo de se always followed such an act, and the body of the delinquent was buried in cross roads with a stake thrust through it. By a novel expedient he hoped the forfeiture of his goods would be saved, and that his family would escape the anguish and shame arising from the belief that he had fallen by his own haud. Several of his deer having been stolen, he gave orders to his keepers to shoot any person they met with in or near the park at night who would not immediately stand when challenged. He then on a dark night threw himself in the keepers' way, and not answering when challenged, was shot dead upon the spot. The stump of an old oak under which he is said to have fallen, is still called Hankford's Oak.'" -Lord Campbell's Chief Justices of England.

252

THE ECCLESIASTICAL COURTS.

ECCLESIASTICAL Courts appear to have been instituted under the Anglo-Saxon government; but they became subject to more strict regulations, and their jurisdiction became more distinct and precise after the elevation of the first William to the English throne. Every prelate then had a regular court, in which he or his chancellor took cognizance of acts of impiety and breaches of morality, and decided religious, matrimonal, and testamentary causes. The highest court of this kind was the Court of Arches, so called from Bow church, in which it was holden. The judge was styled Principal Official to the Archbishop of Canterbury, and was not always the same person with the Dean of the Arches, who was, properly, the vicar or deputy of the former. The advocates and procurators belonging to this court were appointed by the primate, and the proceedings were regulated by the civil and canon laws.

For a long course of years the individuals of this profession, not forming a distinct society, were mingled with the mass of the people. But about the beginning of the reign of the eighth Henry, Dr. Richard Bodewell, dean of the arches, and other civilians and canonists who had been admitted to the privilege of pleading in the court, formed a plan of association, and agreed to dwell in contiguous houses and enjoy a community of board. The respectability of this society induced many dignitaries of the church and laymen of distinction to enrol themselves among its members, and on the payment of a small annual sum they had the privilege of college commons. The dean, by virtue of his office, became the president of the society, which was by him denominated the "College of Doctors and Advocates of the Court of Arches." 1

For more than fifty years after this voluntary incorporation we find no record of the particular spot which the members occupied; but in February, 1568, Dr. Henry Hervie, dean of the arches and master of Trinity Hall (a seminary founded at Cambridge chiefly for the study of the civil and canon laws) procured from the dean and chapter of the diocese of London a lease of Montjoy House and other buildings in the parish of St. Bene't, Paul's Wharf, for the accommodation of the society. The court over which he presided, the prerogative court of Canterbury, that of the bishop of London, and also the court of admiralty (except for criminal cases) were thenceforward holden in the buildings thus assigned, and the whole place, for an obvious reason, received the appellation of “DoCTORS' COMMONS."

2

For upwards of two centuries the united advocates continued to hold their lease from the master and fellows of Trinity Hall. The latter then relinquished the connexion by a surrender of their lease to the dean and canons of St. Paul's, with whom the college of doctors, enriched by a royal grant of 3000l. out of the droits of admiralty, entered into an agreement to purchase the estate in perpetuity.

When episcopal jurisdiction was suppressed by parliamentarian usurpers, the spiritual courts felt a rude shock, and the loyal advocates were discountenanced and harassed; but the society still existed, though various intruders were commissioned by the ruling powers to act as judges. The return of Charles II., however, re-established the former society in its integrity.

As the great fire in 1666 extended its ravages to the habitations of the civilians, they held their courts at Exeter House, in the Strand, until 1672, when they returned to Doctors' Commons, their collegiate mansion being then completely rebuilt. The society was incorporated by charter in June, 1768, and styled "The College of

1 At this time all the advocates were not doctors.-Coote's English Civilians.

2 In imitation of collegiate manners, it was provided, that though married doctors might be indulged with the liberty of residing in the chambers or tenements of the college, none of their wives should reside or abide there.-Idem.

Doctors of Law, exercent in the Ecclesiastical and Admiralty Courts," with a common seal.-Coote's English Civilians.

1541. Richard Gwent.

1543. John Cockys. 1545. William Cooke.

DEANS OF THE ARCHES.

(From the reign of Henry VIII.)

1590. Richard Cosin, M. P., (chancellor of the
diocese of Worcester): died in 1598.1
Thomas Byng: dean in 1598.

1598. Sir Daniel Dun, knt.2, M.P.
1618. Sir William Bird, knt.

1624. Sir Henry Marten, knt., M. P.3
1634. Sir John Lamb, knt., chancellor to queen
Henrietta-Maria: dean until 1647.

*

1647. *
1660. Sir Geiles Sweit (principal of Alban Hall).
1672. Sir Robert Wyseman, knt.
1684. Sir Richard Lloyd, knt.
1686. Sir Thomas Exton, knt.
1694. Dr. George Oxenden (master of Trinity
Hall), M. P. for Cambridge University.
1703. Sir John Cooke, knt.4: one of the commis-
sioners for the treaty of union with
Scotland.

1710. Dr. John Bettesworth: dean until 1751.
1751. Sir George Lee, M. P.: afterwards rt.
hon. sir George Lee.

1758. Dr. Edward Simpson, M. P. (knighted). 1764. Sir George Hay, M.P., a lord of the admiralty.

1778. Dr. Peter Calvert, Oct. 17: died in 1788. 1788. Sir William Wynne, knt. (rt. hon. sir William, May following). Aug. 22. 1809. Rt. hon. sir John Nicholl, knt., M. P., resigned 1834: died 1838.

1834. Rt. hon. sir Herbert Jenner (Fust), knt. The PRESENT (1851) Dean of the Arches Court.

THE PREROGATIVE COURT OF CANTERBURY.

1545. Dr. John Barbar.

1548. Dr. William Cooke.

(From the reign of King Henry VIII.)

judge in this year; but there is no record of his appointment.

[Deprived of his seat in parliament, on a
charge of bribery].

1622. Sir William Byrde, or Bird, knt. June 29.
1624. Dr. Henry Marten. Aug. 28.
1641. Sir William Mericke, knt. Sept. 28.
Lost his preferments in the common-
wealth; but recovered them at the Re-
storation.

**Drs. John Godolphin, William Clarke, and
Charles-George Cocke; joint commis-
sion from the usurping powers.

1 "Summoned," as one of his contemporaries wrote, perhaps in allusion to his character, "to decide a great dispute that had arisen in heaven."-Coote.

2 Sir Daniel Dun is mentioned with great severity by archbishop Abbot (of Canterbury) in his account of the proceedings in the celebrated case of the earl and countess of Essex.-Notes at Doctors' Commons.

3 Father of the unprincipled parliamentarian who was imprisoned for his concern in the death of Charles.Coote.

4 He supported the cause of king William, as a lieutenant of infantry, at the battle of the Boyne. After the reduction of Ireland he resumed his academical pursuits, became a graduated civilian, and obtained the chancellorship of Ely, and afterwards other honours.-Idem.

1658. Dr. William Purefoy. June 7.
1659. Dr. Walter Walker: appointed by the
parliament. March 12.

* Dr. William Turner, knighted: appointed
a short time before the Restoration.
1668. Sir Leoline Jenkins, knt.1 Feb. 6. Served
on various diplomatic missions; a ple-
nipotentiary to Cologne, to the congress
at Nimeguen, &c. ; one of the principal
secretaries of state, 1680.
1685. Dr. Richard Raines. Judge this year;
Died, 1685.
but no record of his appointment :
knighted in 1686.

1710. Rt. hon. sir Charles Hedges, knt.; late one

THE CONSISTORY COURT. CHANCELLORS OF THE DIOCESE OF LONDON. (From the reign of King Henry VIII.)

1520. Dr. Richard Foxfoord (under bishop Stokesley), chancellor until 1539.

1546. Dr. John Croke.

1637. Sir Richard Chaworth, knt.
1663. Sir Thomas Exton, knt.

1685. Sir Henry Newton, knt.

1715. Dr. Humphrey Henchman.

1561 Dr. Thomas Huick, or Huycke (fellow of 1747. Sir Edward Simpson, knt., M. P.

1739. Dr. John Andrew, fellow of Trinity Hall.

Jesus' College, Oxford).

1574. Dr. John Hamond, or Hammonde.
1583. Sir Edward Stanhope, knt.

1607. Sir Thomas Crompton, knt., M. P.
1611. Dr. Thomas Edwards.
1616. Dr. Henry Marten, knighted.
1627. Dr. Arthur Ducke, M. P.

[Assisted in the negotiations at Newport,
and suffered greatly in the royal cause:
died at Chiswick, in 1649.

1759. Dr. John Bettesworth.

1764. Sir George Hay, knt., M.P.

1779. Sir William Wynne, afterwards Rt. hon. sir William.

1788. Sir William Scott, knt., afterwards Rt.
hon., and created lord Stowell

1828. Dr. Stephen Lushington, afterwards rt.
1821. Sir Christopher Robinson, knt.
hon. Stephen Lushington. The PRESENT
(1851) Judge of the Consistory Court.

1 Sir Leoline Jenkins was first M. P. for Hythe, in Kent, and afterwards for the university of Oxford. He died in 1685, and was buried in the chapel of Jesus College, to which he had been a great benefactor. All his property he bequeathed to charitable uses. His letters and papers are printed in two volumes, folio.-Cocte.

2 This eminent civilian (though he was vulgarly called by the great COKE Dr. Cow-heel, in derision) was a man of an enlarged and comprehensive mind, and of vast learning. He considered that the range of a lawyer's study should be co-extensive with Nature herself. "A lawyer," he said, "professeth true philosophy, and should not, therefore, be ignorant (if it were possible) of either beasts, fowls, or creeping things; nor of the trees, from the cedar of Lebanon to the hyssop that springeth out of the wall."-Illustrations of Lawyers.

HIGH COURT OF ADMIRALTY.

(From the reign of Henry VIII.)

KING'S (NOW QUEEN'S) ADVOCATES.

(From the commencement of the Eighteenth Century.)

1 The name of Cæsar was assumed by the family of Adelmar, or Athelmer, in consequence of the marriage of the grandfather of this civilian with the daughter of the duke de Cesarini.-Coote's Civilians.