Transactions of the London and Middlesex Archaeological Society Volume 5 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...serjeants of their right of sole audience in the Common Pleas. So the case stood until by the passing of the Judicature Act as already mentioned it was rendered unnecessary that future judges should first be made serjeants. On this point I shall ask leave to use the forcible argument of my friend Mr. W. F. l.ittledale, in deprecating in 1859 a similar arrangement affecting the Bar of Ireland. " In England, the judges, on their election to the Bench, cease to belong to their former Inn and go to Serjeants' Inn, and are then ex-officio visitors of the Inns of Court. We read of Lord Keeper North (Life, i. 67), that in 1668 the rulers of the Society of Middle Temple, called Benchers, refused to call him after he was King's counsel to the Bench. He waited upon the several chief justices and complained, and the very next day at Westminster Hall when any of the benchers appeared at the Courts they received a reprimand from the judges for their insolence, and were dismissed unheard, with a declaration that until they had done their duty in calling Mr. North to the Bench they must not expect to be heard as counsel in any of His Majesty's Courts. The judges are thus in a position to exercise with impartiality the supreme controlling and directing power." This clause in the Act was challenged by an honourable Member and a division was taken in a thin House in the Commons, but it is very doubtful whether much consideration was given to the matter, and as one of the rank and file of the Bar I confess I think it would be worth the consideration of our rulers whether the custom of a Queen's counsel retiring from his Inn of Court on being promoted to higher office might not be maintained. I am aware that it never affected the Chancery Judges but ouly the judges...