Page:English Law and the Renaissance.djvu/101

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Notes 60, 61
89

of lawyers. Thus in Paris the avocats and procureurs about the middle of the fourteenth century formed a fraternity of St Nicholas: 'dont le chef porte le bâton ou banniere (de là le nom de bâtonnier)': Brissaud, Histoire du droit français, p. 898. But, though a certain care for the education of apprentices was a natural function of the medieval craft-gild, I cannot find that elsewhere than in England fraternities of legal practitioners took upon themselves to educate students and to give what in effect were degrees, and degrees which admitted to practice in the courts. R. Delachenal, Histoire des avocats au parlement de Paris (Paris, 1885), says that, though not proved, it is probable that already in the fourteenth and fifteenth centuries the avocat had to be either licencié en lois or licencié en décret: in other words, a legal degree given by an university was necessary for the intending practitioner. As regards the England of the same age two interesting questions might be asked. Was there any considerable number of doctors or bachelors of law who were not clergymen? Had the English judge or the English barrister usually been at an university? I am inclined to think that a negative answer should be given to the first question and perhaps to the second also. Apparently Littleton (to take one example) is not claimed by Oxford or Cambridge.

Sir T. Smith and the Inns of Court.61  Smith, Inaugural Oration, MS. Baker, XXXVII. 409 (Camb. Univ. Lib.): '…At vero nostrates,