Page:Popular Science Monthly Volume 48.djvu/66

So, too, was it with, the function of advocate. Sainte Palaye writes—

"Loisel. . . remarks that in the time of Philip [the Fair] and since, the best of them were 'ecclesiastical persons instructed in the Canon and Civil Law, learning practice chiefly by the decretals.'"

However, according to Fournier, this function was limited to certain cases—

"le prêtre ne pent exercer les fonctions d'avocat si ce n'est au profit de son Eglise et des pauvres, et sans recevoir de salaire."

But in England, when ecclesiastics had been forbidden by the pope to make their appearance in secular courts, it appears that they evaded the prohibition by disguising themselves.

"Sir H. Spelman conjectures (Glossar. 335), that coifs were introduced to hide the tonsure of such renegade clerks, as were still tempted to remain in the secular courts in the quality of advocates or judges, notwithstanding their prohibition by canon."

From which it would seem that the "renegade clerks" became barristers who personally received the profits of their advocacy.

 

By what steps the complete secularization of the legal class was effected in England, it does not here concern us to ascertain. It suffices to observe the state of things now arrived at.

So long have our judges ceased to display any clerical attributes, that now, to the ordinary citizen, the statement that they were once priests is surprising. If there remains any trace of the original condition of things, it is only in such a fact as that the Archbishop of Canterbury retains the power of conferring the degree of Doctor of Civil Law; which degree, however, is one covering only a restricted sphere of practice. But, while, save perhaps in observance of certain ceremonies and seasons, separation of judicial functionaries from clerical functionaries has long been complete, separation of certain areas of jurisdiction has taken place quite recently. Until some five and thirty years ago ecclesiastical courts still had jurisdiction over some secular matters—testamentary and matrimonial; but they were then deprived of this jurisdiction, and retained none save over affairs within the Church itself.

In conformity with the usual course of things, while the legal profession has been differentiating from the ecclesiastical, there have been going on differentiations within the legal profession itself. Originally, beyond the judge and the two suitors there occasionally existed only the advocate—a functionary who, becoming established, presently rendered his services to defendants as well as to plaintiffs. Gradually these ancillary agencies have complicated; until now there are various classes and sub-classes of those who conduct legal proceedings.