Site Loader
Rock Street, San Francisco

Lincoln’s
Inn & The Inns of Court

 

Lincoln’s
Inn is one of the four Inns of Court—the others being the Inner Temple, the
Middle Temple, and Gray’s Inn—which anyone who wants to be called to the Bar
must join.1
Today the duties of Lincoln’s Inn, and of all the Inns of Court, are mostly
unchanged from when they began, and are concerned with the training of students
and calling them to the Bar.2
Beyond teaching law the Inns also provide support for the barristers and play a
role in administering discipline and dealing with complaints against their
members.3

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

When
one is referring to Lincoln’s Inn, or any Inn, they are referring to both the
Society and the physical institution.4
Geographically, the Lincoln’s Inn is located on 11 acres in central London,
north of the Strand (where the two Temples can be found) and south of High
Holborn (where Gray’s Inn) can be found.5
All the Inns of Court were formed and remain within the boundaries of the City
of London. This has to do with safety: when they were formed it was far safer
to be within a city where there was a force protecting the people.6

The
Lincoln’s Inn is the oldest of the four Inns of Court, though there is no exact
record of when it was founded.7
In the mid-14th century the Society of Lincoln’s Inn was located at
Lyncolnesynne, belonging to Thomas de Lincoln, the King’s Sergeant of Holborn,
and rent would have been around £5 a year.8
It is important to note that in the 14th century all Inns would have
been accommodation provided by wealthy and powerful people who came to London
and brought their retinues with them. Inns would have attracted like-minded
people. Apprentices of law would have sought this shared living space during
the legal terms in order to learn and hone their craft. It was these shared
living spaces that became the four Inns, with the most recent being Gray’s Inn.9

It
was in the latter part of the 14th century that they really began to
evolve into what they are today.10
For the most part, the structure of the Inns have remained the same, although a
position called “Serjeants”—where the member was allowed to be a part of the
Bar but was also no longer part of the Inn—was removed during the 19th
century.11
The growth and change of the Inns have been organic. Even though they
occasionally take up volunteer positions and ranks during wartime, they have
weathered the storms of political turmoil and civil war with little
disturbance.12 13
This has to do with their lack of a charter tying them to any one government.14
Even on the physical end the Lincoln’s End has been very lucky and it stands as
it does today because, during the Blitz, it was most unscathed.15

 

 

 

The
Court of Chancery

 

            When it was created in the 15th
century it was done so as to what the common law courts of those days could
not: bring justice to the people. At the time, the common law courts did not
satisfy people’s complaints and were easily bribed by the powerful. Therefore a
court of equity was needed. Initially, the Lord Chancellor, who was the one in
charge of the Chancery Court, was given wide judicial power by the then King
and Council.16
The idea behind the Court was that it was a court of conscience and that the
Chancellor was the holder of the King or Queen’s conscience. It has not been
the only court of conscience, though it was the highest court. Courts of
Requests and the Court of Exchequer were also part of this category. It is
likely that at the time it was created there was a standard understanding among
the people of what a conscience was; there was certainly an understanding of
what equity was.17
Because it was such a cheap court, at least at the beginning, and because it
was more just than the common law court, it developed quickly throughout the 15th
and 16th centuries. In the 17th century, even though
there was beginning to be a pushback from angry members of the common law
court, it had become recognized as an important part of the legal makeup of the
country.18

But
that was just the beginning of its decline. In the latter half of the 19th
century it was more or less abolished and replaced with the Judicature system. The
deterioration in the traditional equity of the system was a major role in the
implementation of the Judicature system. Traditional Equity was no longer the
same powerful influence it has once been. Another of the reasons for the
decline of the Court was that it was behind the times and had rather archaic
legal procedures that involved more people than actually necessary. It also
wasn’t as cheap as it had been in the beginning and took a long time to resolve
anything, resulting in an expensive and cumbersome procedure. However, it
should be noted that the Court of Chancery was not the only one suffering such
at the time.19

Today
the Court of Chancery does not exist as it once does, and what remains
resembles little of what it once did. It is part of the High Court of Justice
and handles cases related to business disputes, commercial and intellectual
property disputes, and probate disputes.20
21
They also handle issues such as dissolution of partnerships, rectifying errors
in deeds, breaches of contract, and professional negligence. Beyond that there
are several specialist courts as well.22

 

Works
Cited

 

Burns,
Fiona R. “The Court of Chancery in the 19th Century: A Paradox of
Decline

and
Expansion.” www.austlii.edu.au/au/journals/UQLawJl/2001/5.pdf.

Accessed
27 January 2018.

“Chancery
Division of the High Court.” Gov.UK,
Crown Copyright,

www.gov.uk/courts-tribunals/chancery-division-of-the-high-court.

Accessed
24 January 24 2018.

“History
of the Inn: Origins.” The Honourable
Society of Lincoln’s Inn, The

Honourable
Society of Lincoln’s Inn,

www.lincolnsinn.org.uk/index.php/history-of-the-inn.
Accessed 24

January
2018.

Hurst,
Sir Gerald. “The Origin of Lincoln’s Inn.” A
Short History of Lincoln’s Inn,

Constable
and Company Ltd., 1946, pp. 1-7.

Klinck,
Dennis R. “Preface.” Conscience, Equity
and the Court of Chancery in

Early Modern England, Routledge, 2016, pp. vii-ix.

Loftie,
W.J. The Inns of Court and Chancery. Seeley
and Co. Limited, 1908.

The
Editors of Encyclopaedia Britannica, 20 July 1998,

www.brittannica.com/topic/Court-of-Chancery.
Accessed 24 January

2018.

“The
Honourable Society of Lincoln’s Inn.” The
Bar Council, The Bar Council,

www.barcouncil.org.uk/about-the-bar/what-is-the-bar/inns-of-court.

Accessed
24 January 2018.

1 “The Honourable Society of
Lincoln’s Inn.” The Bar Council, The
Bar Council, www.barcouncil.org.uk/about-the-bar/what-is-the-bar/inns-of-court.
Accessed 24 January 2018.

2 Hurst, Sir Gerald. “The Origin
of Lincoln’s Inn.” A Short History of
Lincoln’s Inn, Constable and Company Ltd., 1946, pp. 1-7.

3 “The Honourable Society of
Lincoln’s Inn.”

4 “History of the Inn: Origins.”
The Honourable Society of Lincoln’s Inn, The
Hounourable Society of Lincoln’s Inn, www.lincolnsinn.org.uk/index.php/history-of-the-inn.
Accessed 24 January 2018.

5 “The Honourable Society of
Lincoln’s Inn.”

6 Loftie, W.J. The Inns of Court and Chancery. Seeley
and Co. Limited, 1908.

7 “History of the Inn: Origins.”

8 Hurst, Sir Gerald.

9 “History of the Inn: Origins.”

10 “History of the Inn: Origins.”

11 Hurst, Sir Gerald.

12 Loftie, W.J.

13 Hurst, Sir Gerald.

14 Hurst, Sir Gerald.

15 “The Honourable Society of
Lincoln’s Inn.”

16 The Editors of Encyclopaedia
Britannica, 20 July 1998, www.brittannica.com/topic/Court-of-Chancery. Accessed
24 January 2018.

17 Klinck, Dennis R. “Preface.”
Conscience, Equity and the Court of Chancery in Early Modern England,
Routledge, 2016, pp. vii-ix.

18 The Editors of Encyclopaedia
Britannica.

19 Burns, Fiona R. “The Court of
Chancery in the 19th Century: A Paradox of Decline and Expansion.” www.austlii.edu.au/au/journals/UQLawJl/2001/5.pdf.
Accessed 27 January 2018.

20 The Editors of Encyclopaedia
Britannica.

21 “Chancery Division of the High
Court.” Gov.UK, Crown Copyright, www.gov.uk/courts-tribunals/chancery-division-of-the-high-court.
Accessed 24 January 24 2018.

22 “Chancery Division of the High
Court.”

Post Author: admin

x

Hi!
I'm Lena!

Would you like to get a custom essay? How about receiving a customized one?

Check it out