The University of Texas at Austin

Law in Popular Culture collection

ALSA Forum
Volume 6, Number 2 (1982)
reprinted by permission Legal Studies Forum

LAWYERS IN CHAUCER'S TIME

BETSY SEAMAN*

     Wending his way towards Canterbury in a modest medlee
cote, Chaucer's Man of Law appears to be a sober and venerable
fellow. The Host describes him as discreet and "of great
reverance - He seemed swich, his wordes weren so wise." (ll.
314-315) We learn that he is possessed of myriad robes,
exceptional memory and some social prominence. Our attention
is directed at his ability to draft a deed so cleverly that "ther
coude no wight pinchen at his writing." (1. 328) But beyond the
business of professional credentials, the Man of Law invites
speculation. Whether he boasts balding pate or sanguine
complexion is not mentioned by the Host. Nor is a glimpse given
of his personality, sense of humor, or lack thereof. Perhaps the
Host's silence as to the Man of Law's character is a polite, if
not altogether comfortable, way of cluing us in that he is a
staid sort. Perhaps the Man of Law finds his enthusiasm pricked
more by the prospect of memorizing statutes than playing cards.
When contrasted with the flamboyant Wife of Bath, her scarlet
stockings and her five husbands, he admittedly seems less
engaging. And yet the Man of Law too is betrayed as humanly
fallible when the Host notes,
Nowher so bisy a man as he ther nas;
And yit he seemed bisier than he was. (ll. 323-324)
     This observation is no less accurate now than it was in the
fourteenth century. Literature has portrayed lawyers as
busy-bodies, talkers, and meddlers for centuries, and the Man of
Law is no exception. Often such depiction reflects a popular
sentiment that suspects professionals of insincerity for causes in
which they are paid to take part. With lawyers this holds
especially true. The very nature of legal work is hardly
calculated to stir up feelings of affection. Nor can lay people
be expected to relish paying an attorney to extricate them from
their blunders. And if making money out of another person's
quarrels and misfortunes is not condemnable enough, the lawyer's
use of wits and ink to do so only makes matters more
disagreeable. Manual toil for remuneration has always been
deemed somehow more honest or respectable. It is not surprising
then that Jack Cabe so crossly suggested, "The first thing we

[187]

do, let's hang all the lawyers." Nor should we blink at Dr.
Johnson's polite dictum that "he did not wish to speak ill of any
man behind his back but he thought the gentleman was an
attorney.2
     How such public opinion came to be entrenched is beyond
the scope of this paper. But an examination of the Man of Law
as a typical fourteenth century attorney, his background and
practice, can perhaps identify and put in order the origins of
these unfriendly sentiments. Chaucer himself was a sometime
student of the law, and it is fair to say his Man of Law
accurately reflects the legal profession as it existed during the
thirteen hundreds. In support of the contention that Chaucer
studied law, Thomas Speght noted in a 1598 edition of Chaucer's
work that,
Yt semeth that these lerned manne (Chaucer and Gower)
were of the Inner Temple, for that manye yeres since
Master Buckley did see a recorde in the same howse,
where Goffrye Chaucer was fined two shillings for
beatinge a Franciscene Fryer in Fletestreate.3
     The Inner Temple referred to by Speght was one of the
Inns of Court, medieval organizations established for the teaching
and study of the common law. It is difficult to construct an
account of the domestic history of the Inns prior to 1505.
Whatever records existed concerning the occupation of the
Temple by lawyers up to 1381 were destroyed by unruly peasant
followers of Wat Tyler. Ascribing myriad ills to the chicanery
of lawyers, the rabble burned their chambers together with their
papers. What is clear, however, is that the Inns of Court were
societies formed to regulate and protect a profession. And also,
like their medieval counterpart, the guilds, they possessed a
monopoly on the power to train and educate apprentices, to set
fees, and to confer upon their members the right to practice
their craft.
      By Chaucer's time England's main civil court, the Court of
the Common Bench, had settled in London and taken up
permanent chamber quarters in Westminster Hall. Other
residents in the hall included the Courts of Chancery, the King's
Bench, and the Exchequer. Nearby was St. Paul's Cathedral
where Sergeants at Law interviewed clients on the great west
porch. It was sensible and convenient, then, that professional
pleaders and their apprentices took up living quarters in Inns or
hospices located halfway between Westminster and St. Paul's.
These boarding houses evolved into a complex legal university

[188]

system: the Inns of Chancery where young barristers learned
the rudiments of the legal craft, the Inns of Court which housed
advocates and barristers not yet allowed to plead, and the
Sargeants' Inns from which alone judges were selected.
Approximately ten minor Inns comprised what was collectively
called the Inns of Chancery. At any one time at least one
hundred students, barristers, belonged to each of the ten Inns.
After some time these students were taken into the major Inns
known as the Inns of Court. Of these there were four, with
roughly two hundred students attending each Inn.4
     As a young barrister the Man of Law probably began his
legal career in one of the ten Inns of Chancery. There in the
company of other aspirants he studied the original writs and
basic elements of the common law. Both teaching and learning
methods in the fourteenth century were adapted to a lack of
written texts. Before the invention of the printing press and
the ensuing widespread dissemination of printed material, books
were scarce. Therefore a Reader was employed. Chosen frorn
among members of the Inn, a Reader either read to the class
from a book or delivered a lecture. Students had no individual
casebooks and we can only imagine the feverish pace at which
they must have scribbled notes. One moment's inattention meant
one bit of irretrievably lost information since there existed no
text for later consultation. Readings were generally followed by
moots or debates designed to ferret out daydreamers, frustrate
poor note takers, eradicate confusion, and ensure that everyone
understood and memorized the same lesson.5 Since the academic
bill of fare was monotonous repetition of material, the superior
student was predictably possessed of the keener memory. It
must have been desperately tedious business but the Man of Law
seems to have endured, for
In termes hadde he caas and doomes alle
That from the time of King William were falle.
... And every statut coude he plein by rote
(ll. 325-326, 329)
     Having made two or so years of satisfactory progress at
the Inns of Chancery, the Man of Law would have been admitted
into the Inns of Court. The Inns of Court were not like the law
schools of today. Rather, they were medieval universities where
gentlemen's sons received training for careers as public officials.
To be sure, law was studied, but with equal vigor so too was
dancing, history, music, and divinity. A well-known account of
the Inns of Court comes down to us from John Fortescue, a

[189]

Sergeant and later a Chief Justice from 1444-1445. Since
Fortescue was born before Chaucer died in 1400, the Temple he
described is most likely the Temple as Chaucer and his Man of 
Law knew it.6 Of the Inns he wrote:
There is both in the Inns of Court, and the Inns of
Chancery, a sort of academy, or gymnasium, fit for
persons of their station; where they learn singing, and
all kinds of music, dancing and such other accomplishments
and diversions (which are called revels) as are suitable
to their quality, and such as are usually provided at
Court. At other times out of term, the greater part
apply themselves to the study of the law. Upon festival
days, and after the offices of the church are over, they
employ themselves in the study of sacred and prophane
history:  here every thing which is good and virtuous
is to be learned:  all vice is discouraged and banished,
so that knights, barons, and the greatest nobility
of the kingdom, often place their children in those
Inns of Court; not so much to make the laws their study,
much less to live by the profession (having large
patrimonies of their own) but to form their manners and
to preserve them from the contagion of vice.7
     Whether the Inns were in fact successful in preserving their
inhabitants from "the contagion of vice" is thrown into doubt by
sundry cases reporting mischief by apprentices and clerks. Even
Chaucer once succumbed to beating a man of the cloth on
Fleetstreet. But Fortescue remained firm in his opinion and
concluded on an idealistic note:
There is hardly ever a disturbance there or quarrel or
uproar and yet the only sanction they have is expulsion -
which they dread more than any criminal does prison
or chains. For a man once expelled from one of these
societies is never received as a member into any other
of them: thus peace ever reigns among them.8
     It is worth noting that the expense of procuring an
education amidst such harmony was burdensome. To sons of men
of modest means it was nigh impossible. The cost of a legal
education paled, however, when compared to the later expense
of achieving the degree of Sergeant at Law. The effect of this
somewhat elitist arrangement was to limit enrollment to those of

[190]

prominent or wealthy families. Again, Fortescue advanced an
opinion. Endorsing this system he wrote:
Hence it is only the sons of men of standing who learn
law there, for poor common folk cannot bear the expense
and the merchants do not want to diminish their capital.
Thus it happens that there is hardly a learned lawyer
in the kingdom who is not noble or comes of noble stock,
and they cherish their rank, honour and repute more than
men of similar fortune (status).9
     Modern readers are cautioned to temper any indignation
with a reminder that Fortescue's society was not an egalitarian
one. It was rigidly hierarchical: peasants slopped pigs,
pardoners sold indulgences, and those fortunate enough to be
born gentlemen jealously guarded their status. In addition, dress
codes prescribed by the sumptuary laws guaranteed instant
identification of a man's occupation and status. And since
student financial aid was simply not a medieval concept, we can
safely surmise that the Man of Law was a man of substantial
means.
     Despite the costliness of study at the Inns, it appears that
such positions were coveted. A good number of the Man of
Law's colleagues were not seriously engaged in the discipline of
law. They were preparing for careers as business administrators
and government officials.10 The presence of non-lawyers at the
Inns is attested to by Chaucer's description of the Manciple, a
Temple cook. Describing the Manciple's superiors Chaucer
observed:
Of maistres hoode he mo than ten
That weren of lawe expert and curious,
Of which ther were a dozeine in that house
Worthy to been stiwards of rente and land
Of any lord that is in Engeland. (ll. 579-583)
     Length of stay at the Inns was determined by the
profession studied. Perhaps many aspiring lawyers despaired and
became civil servants when faced with the arduous path leading
to the practice of law. According to most accounts it took at
least sixteen years from matriculation to graduate optimo jure at
the bar.11 These sixteen years were an apprenticeship period
for the Man of Law. During it he attended daily lectures, took
notes, perhaps served as a Reader, and honed his forensic skills
in endless moots. But quite apart from needing to know writs

[191]

and legal processes the Man of Law needed to be proficient in
English, Latin, and Norman French. Prior to the thirteen
hundreds, French was the official language of English government
and polite society. And while it gradually fell into disuse as a
spoken tongue, it retained vitality in the courts where words and
phrases had acquired technical meanings defying easy translation
into English. A statute in the year 1362 addressed the ensuing
confusion by ordering courts to conduct all proceedings in
English.12 Lawyers, however, continued to frame their pleas in
French until sometime in the seventeenth century. What resulted
was an untidy and often bewildering muddle of languages:
counsel commencing in French with a formal plea, switching to
English to advance an argument and then breaking off again into
French at unpredictable moments to express technicalities.
Occasionally proceedings ground to a halt while someone ran to
fetch a clerk able to decipher a Latin phrase on the court rolls.
     Under such circumstances it appears that a layman opting
for self-representation would have been in trouble. In the
unlikely event that he mastered the language barrier, the layman
still had to hurdle cunning pleading procedures. A Year Book
entry in the year 1310 records a case in which the technicalities
of pleading confounded even an attorney:
The attorney was acting in a claim for dower by a widow
and the defendant had defaulted. When the case was
called, "he began to state his demand" (to put forward
a formal plea). "And afterwards Stanton J. winked at
him. The attorney then claimed a default." The author
of the Year Book then adds, "If he had stated his demand
he could have waived the default."13
     The functions of pleader or counter, and attorney or
apprentice, were separated as early as 1280 when it was
decreed that "no counter be an attorney and no attorney a
counter."14 A pleader or counter was a Sergeant who
commanded an exclusive right of audience in the Court of
Common Bench. As a master craftsman, his skill was studied by
attorneys or apprentices. These apprentices had a right of
audience in all courts other than the Common Bench. They were
the medieval equivalent of modern barristers and it was from
their ranks that Sergeants were recruited. In theory, then, lay
persons with disputes in any court but the Common Bench could
present their own claims. In practice, however, language and
pleading complexities doomed them to failure without legal help.
And while the profession must have enjoyed this as a convenient

[192]

way of maintaining its exclusivity, popular resentment often ran
high. Lines from an anonymous fourteenth-century song
underscore the point:
Attorneis in contre theih geten silver for noht:
Theih maken men biginne that they nevere hadden
thouht.15
That attorneys were aware of their image appears clear in the
following reprimand given to a client by his attorney:
"Also I am enformyd that ye nosysed me saying that I
shudde cause you to spend moche money in this matter
and that you be none the nerer of the ende thereof"16
What is less clear, however, is whether attorneys were
distressed by public sentiment or took steps to dispell the
criticism. The Man of Law certainly offers no opinion on the
matter and we can only speculate as to his indifference or
discomfort.
     In an effort to master the perplexing language and pleading
procedures, the Man of Law spent a great deal of time
monitoring activities in the Court of Common Bench. As an
apprentice he had no privilege to appear before this court.
Instead, he sat in a box or stand positioned to one side of the
court. Known as the Crib, this stand allowed the Man of Law
to study the tactics of Sergeants while taking notes on
arguments, objections, rulings, and judgments.17 Carefully
guarded and reread, this collection of notes served as a sort of
legal textbook, an encyclopedia of practice containing solutions
to a host of knotty problems.
     In addition, these hurriedly scribbled notes have been hailed
as the precursors of the Year Books.18 No printed volumes of
reporters existed. Apprentices simply took their notes home to
decipher, amplify, and make legible. Copies of these notes were
in turn given to scriptorium or writing rooms where they were
dictated to scribes who followed along as best they could.
Inevitably, blunders, ink blots, and cryptic abbreviations crept in.
A hopeless mass of corruption often resulted and as Maitland
commented, "Those who have attempted to read them (the Year
Books) will know how bad, how incorrigibly bad they are."19
But whatever their shortcomings, the Year Books became an
invaluable help to the medieval lawyer in preserving the common
law. Without them the Man of Law undoubtedly could not have
known by rote all the cases and decisions "that from the time of

[193]

King William were falle." (l. 26)
     As the years of his apprenticeship lengthened into still
more years, we can only wonder what gave the Man of Law
stamina to go on. Again he gives no glimpse into his personal,
sporting, or leisure time. But if we believe what the Year
Books tell us, the Man of Law, like his medieval peers, probably
imbibed generously. Beer drinking had become a favorite
pastime long before the fourteenth century and the chronicles
are filled with accounts of ale-related mischief. Even judges
riding the circuit made beer a priority. They traveled in the
company of four knights who visited all the taverns in assize
towns to personally taste and approve the drink sold in each
establishment.20 Perhaps this custom inspired Strethay, an
attorney concerned with Gloucestershire cases in the Court of
Common Pleas, to jot down the following song on one of the
membranes of a Plea Roll in 1371:
Twice two full quarts we lawyers need,
To fill a legal jug.
With one, we're gay, with two, we teach,
With three, we prophesy.
And four good quarts it takes to bind
Legal senses, legal tongues,
A lawyer's hands and mind.21
In light of the academic rigors lawyers endured, their fondness
for drink admittedly seems forgivable. Sixteen years of note-
taking would drive many men to drink.
     Happily, the Man of Law survived both writer's cramp and
ale, for we know he was eventually made a Sergeant. The
occasion spelled the end of a sixteen-year apprenticeship and
inspired a week of unparalleled feasting and merriment. The
Lord Chief Justice of the Common Pleas commenced the
procedure of graduating apprentices into the ranks of Sergeants.
Upon the advice and consent of the other Judges, he selected
three to seven of the "discreeter persons" who had demonstrated
the greatest proficiency in their legal studies and who were of
high moral character. These names were put into writing and
given to the Lord High Chancellor of England. The Chancellor
in turn ordered by royal writ that each "discreeter person"
present himself before the King on a given day. Under a heavy
penalty stated in the writ, the candidate then took upon himself
the estate and degree of Sergeant at Law. This was
accompanied by a swearing on the Holy Gospels to appear at a
later appointed time to receive the rank of Sergeant and grant

[194]

gold rings according to established custom.22
     According to Fortescue, the appointments were at once a
solemn and joyous occasion. The newly chosen Sergeants were
expected to host sumptuous feasts which continued for seven
days. Likened to a coronation, no expense was to be spared in
the celebration. Presents of gold rings were given to an endless
list of princes, dukes, clergy, petty officials, lords, knights, and
men of social prominence. Each ring was of a different value in
proportion to the rank and quality of the recipient. Indeed, it
seems as if every remote acquaintance heralded the event with
an outstretched hand. Fortescue noted that rings were so
generously distributed
that there will not be the meanest clerk, especially in
the Court of Common Pleas, but that he will receive a
ring convenient for his degree. Besides, they (the
Sergeants) usually make presents of rings to several
of their friends and acquaintances. They give also
liveries of cloth, of the same piece and colour, which
are distributed in great quantities, not only to the
menial servants, but to several others, their friends
and acquaintances, who attended and waited on the
solemnity of their creation; wherefore though in the
Universities, they who are advanced to the degree of
Doctors are at no small expense at their creation, in
giving round caps and other considerable presents:
yet they do not give any gold, or presents of like
value: neither are there any expenses in proportion
with a Sergeant at Law.23
Rings were generally inscribed with a motto of some sort.
Without question their giving was a costly custom. But we can
only wonder whether the recipients greeted the prospect of yet
another gold ring with enthusiasm or resignation.
      The Sergeant's feast was another expensive and extravagant
undertaking. A glimpse of its sumptuous character is given by
Sir William Dugdale who recorded the pecuniary and gastronomic
details of a Sergeant's feast hosted in 1555. Slaughtered birds
and beasts included twenty-five beeves, one hundred fat muttons,
fifty-one great veals, thirty-four porks, ninety-one pigs, nineteen
and a half capons, twenty-one dozen and nine cocks, an
uncounted number of pullets, thirty-seven dozen pigeons, fourteen
dozen swans, and three hundred and forty larks. The astonishing
quantity of food consumed can be better appreciated after a
look at the menu. Each table of four was served the following:

[195]

a shield of brawn, two capons boiled in white broth, one roasted
swan, one roasted bustard, two chewet pies, two pikes, two
roasted capons, two large baked venison pasties, two herns and
bitterns, two roasted pheasants, and two custards. The same
four men then consumed an enormous second course. it
consisted of one dozen jellies, one crane, six partridges, two
pasties of red deer, a large jowl of sturgeon, twelve woodcocks
and plovers, four baked quince pies, six young rabbits, six snipes,
one and one-half dozen larks and one marchane. A wax sculp-
ture of the Court of Common Pleas graced the table and the tab
came to 667p.7s.7d. or about $60,000.24
     Presiding over his hearty eaters, the Man of Law would
have sported a newly acquired coif. Conferred upon him as a
visible trapping of status, the coif came in time to be an emblem
of the entire profession. It was a tight-fitting cap of white silk
or linen which covered a Sergeant's hair and ears and fastened
under his chin. The following passage indicates both the
importance of the coif and the prestige accompanying it:
Each wears a white silk coif which is the first and
chief badge of office with which Sergeants at Law on
their creation are decorated. And that coif he shall
never take off, neither as Sergeant or Judge, even in
the King's presence, aye if he be talking with His
Majesty.25
     The rest of the Man of Law's dress was strictly regulated
by the medieval sumptuary laws. Chaucer notes that of "robes
hadde he many oon."(l. 319) For ordinary occasions the Man of
Law probably wore a long priest-like woolen gown, a cape furred
with squirrel or lambskin, a hood with two labels or tippets, and
his ever-present white coif. In court he donned a parti-colored
robe of green and blue. Striped or rayed either vertically or
horizontally, the division of colors separated straight down the
front and back of the robe.26 Since the privilege of wearing
court robes was also conferred upon other courtroom figures, a
medieval trial must have been a colorful drama. Attorneys
robed themselves in parti-colored blue and brown, Judges turned
out in white coifs and scarlet robes, and thus nobody could
boast a good excuse for confusing the participants.
     While medieval people were an unruly and litigous lot, the
practicing bar of Sergeants remained small. The Year Books for
1389-1390 provide a yardstick by which to measure their
numbers. They record the names of only nine Sergeants who
appeared frequently, led by Hankford, who appeared no less than

[196]

twenty times, followed by his brethren Markham with seventeen
appearances and Goscoyen with fifteen.27
     Because the number of Sergeants was few and their
fraternity tight, professional misbehavior was subject primarily to
peer rebuke. Medieval lawyers did not practice under a model
code of professional responsibility. The Statute of Westminster
1275 did, however, address their conduct:
If any Sergeant, Pleader, or other, do any manner of
deceit or collusion in the King's Court or consent in
deceit of the Court (or) to beguile the Court or the
Party and thereof be attained, he shall be imprisoned
for a Year and a Day and from thence forth shall not be
heart to plead in (that) Court for any Man: and if he be
no Pleader, he shall be imprisoned in like manner by
the space of a year and a day at least.28
     Evidence indicates that Judges dealt strictly with errant
attorneys when instances of neglect or pure chicanery came to
their attention. In one case an attorney failed to comply with
required formalities and caused a woman to be delayed in her
dower. He was told,"You will go to gaol until you are well
chastized.",29 Little evidence exists, however, as to how less
egregious behavior was punished. Thus it appears that the
administration of disciplinary action was at best a haphazard
business.
    Among themselves the Man of Law's colleagues rarely
became embroiled in "any manner of deceit." Records show that
in 1293 a Sergeant "swore by his hood" in Court, an awful
profanity but excusable in light of opposing counsel's
unreasonable conduct.30 Judges and counsel alike were fond of
swearing by God, St. James, St. Nicholas, and St. Ivanius, the
patron saint of lawyers and "the only advocate ever to be
canonized."31 And the Year Books tell us that Bereford J.
about 1300 "swore" frequently. But despite their mild oaths it
appears that Sergeants and Justices were neither over-courteous
nor over-respectful to each other. Sergeant Grene told
Kelleshul J. that what he said was not law,32 and Bereford J.
belittled the Sergeants in attendance at Court by remarking,
"There are forty fools here who think nonsense."33
     These exchanges occurred in Westminster Hall, a noisy and
not over-restful place. In addition to housing the Court of
Common Pleas, Chancery, King's Bench, and Exchequer,
Westminster contained dozens of stalls of merchandise. Selling
refreshments, ink, parchment, and pens, these stalls contributed

[197]

to an atmosphere of clamor and disorder. The following account
captures something of the flavor of the Hall as the Man of Law
knew it:
The fact I want to bring home to you is this. Westminster
Hall, when the Courts were sitting, must have been little
short of a Babel. You have the three, or rather four
Courts each with its concomitant crowd of Sergeants,
apprentices, clerks, attorneys, litigants, jurors, with
prisoners and gaolers, too, in the case of the King's
Bench, and I know not who else besides. You have I know
not how many stalls selling something, with the dealers
and their customers chaffering with each other; you may
have, apparently, people who are not over orderly emerging
from time to time from a vault in close contiguity to the
Bench; you have, one gathers, as many of the outside
public as choose to come in, strolling about from Court
to Court and from stall to stall, for there were no seats
where they could quietly bestow themselves under the eyes
of order-keeping ushers, making, we cannot doubt, their
own private comments to their immediate neighbors. Every
now and again, there seems to have been something like
an open riot in the Hall, when one of the greater of the
King's subjects was party to an action and came attended
by a retinue of his people and took objection to the
course of the proceedings. Every now and again there
were more or less savage assaults made by parties to
actions upon each other; and sometimes the very officers
of the Courts quarrelled and fought amongst themselves.
This was the setting in which the High Courts of the
Realm administered justice some centuries ago.34
     When not consulting clients on the parvis of St. Pauls or
elbowing through the throng at Westminster, the Man of Law
rode the circuit:
Justice he was ful often in assise
By patente and by plein commission.(ll. 116-117)
Sergeants often were appointed by patent and commission to
serve in the itinerant courts for short periods of time. Assize
duty entailed traveling to counties in England and Wales for the
periodic trial of both civil and criminal cases. A patent was an
appointment to serve as a judge and a commission spelled out
the range of his jurisdiction.35 This system did obviate the

[198]

necessity of litigants coming all the way to London to air their
disputes. Unfortunately for the Man of Law, it required him to
spend a good deal of time on foot or on horseback. Medieval
travelers were at the mercy of inclement weather as well as
poor or nonexistent roads. And with mud, floods and dust the
rule rather than the exception, it is no wonder that Judges sent
ahead a band of knights to test the local taverns.
     Juries as well as Sergeants found assize duty frequently
unpleasant. Unlike their modern counterparts, medieval juries
which were hopelessly split in opinion were locked up indefinitely
without food or drink. "Good people," said Stanton J. to such a
jury, "you cannot agree? Go, put them in a house till Monday,
and let them not eat or drink."36 This had the desired effect,
for on the same day "about vesper time" they came to a
consensus. Judges promptly left a village once their own legal
business was concluded. Thus a divided jury might be dragged
from assize-town to assize-town until they could make up their
minds.37
     But the discomfort of assize duty lessens when the issue of
compensation arises. Fortescue bluntly stated that, "Neither
does it happen, that in any other country, an Advocate enriches
himself so much by his practice as a Sergeant at Law."38 It is
unprofitable to attempt reducing the Man of Law's earnings into
some modern-day equivalent. The difference in the value of
money and the level of income then and now is so great as to
render any figures meaningless. The most useful assessment of
his financial status can be obtained from the poll tax of 1379.
Among lawyers, Judges headed the list at 100 s. Next came
Sergeants at 40 s., followed by apprentices at 20 s. Last of all
came "all the other apprentices of the lesser estate and
attorneys" at 6 s. 8 d. Other community members on the same
tax basis were esquires, merchants and Franklins.39
     Appointment ceremonies clearly required a substantial
income or the expectation of one. So too did sixteen years of
Temple education. Indeed money is a constant theme running
through the history of the legal profession. It seems that no
sooner had lawyers required payment for their services than
there were complaints about their avarice. John Gower was one
of the more eloquent and acerbic critics of lawyers. A former
Temple student himself, Gower wrote with some authority on the
subject of fees and greed:
It is the custom at Westminster
That whoso would learn trade
Of the law, for this purpose needs
[199]

Some money, in order to mount up high.
It is a situation to prize;
According to this practice
On money he will grow wise;
If he makes a start with money,
Later on he will know how to use it
To his own advantage and the harm of others:
By means of money his heart
Is turned to the love of money.
The apprentices in their degree
Taste blood from the beginning,
In pleading at the assizes:
Like dogs they seize as their prey
The silver that is given them,
So that always for the penny
They can run well without check;
I do not say without fault,
For wrong that gives a rich fee
Takes from them the scent of the straight course,
So that they often lose track
And run far from charity.
And then after the apprentice
A certain time has fulfilled
What is sufficient for pleading,
He wishes to have the coif placed
Upon his head, and to his own honor
Wishes to bear the name of Sergeant.
But if before this time
In one thing he was greedy,
Now he is a thousand times inflamed;
For he becomes so ravenous
That part is not enough for him:
He must devour the whole country.
But they have also a custom
That the apprentice who is so advanced
To the estate of Sergeantry
Must make a donation
Of gold, which is not without meaning;
For the gold that he gives means
That all the rest of his life after
He must be getting it back.
But this will be a great return,
That for giving a single time,
He takes all the bread, by no means holding
The scales in equal balance.40
[200]

     The "great return" mentioned by Gower came to the Man of
Law in the form of a retainer and an annual gift of a robe.
Retainer fees were set somewhere around the value of one mark.
Later they were set at an angel, a gold coin ranging in value
from six to ten shillings. That counsel expected to be paid
before rendering legal service is suggested by an old riddle,
"Why is a Sergeant like Balaam's ass? Because he won't speak
until he has seen an angel."41 The annual robe was not merely
a single garment. Rather, it was an entire suit of clothes of a
certain value for life or for a term of years. The records are
silent as to which party selected the outfit and we can only
wonder if the Sergeant suffered with a wardrobe unsuited to his
tastes.
     But robes and fees alone probably would not have made a
Sergeant a wealthy man. The Man of Law seems to have made
his money as a real estate investor. Chaucer describes him as a
speculator in land:
So greet a purchasour was nowher noon;
Al was fee simple to him in effect-
His purchasing might not been infect. (ll. 320-322)
     Contemporary criticism and envy notwithstanding, the Man
of Law had some reason to be concerned with money. The cost
of his legal training, feast, and ring-giving has already been
mentioned. In addition, upon becoming a Sergeant, the Man of
Law was under a duty to give legal advice to any of the King's
subjects, regardless of their ability to pay. No documentation
exists as to whether such pro bono work was considered in the
line of duty or an unwelcome nuisance. Nevertheless, he was
bound by the following oath:
Well and truly ye shall serve the Kings people as one of
his Sergeants at Law and ye shall truly counsel them,
that ye shall be retained with after your cunning and
ye shall not defer, tract nor delay their causes
willingly for covetousness of mony, or other thing that
may turn you to profit and ye shall give due attendance
according. As God you help and his Saints.42
     The Man of Law admittedly took a keen interest in
pecuniary matters. It is his most disagreeable characteristic and
he exposes it fully in his prologue. For thirty-five lines he
deplores the evils of poverty, the bad lot of poor men, and
advances the opinion that "Bet is to dyen than have indigence."

[201]

(l. 114) In sharp contrast to his disapproval of indigence, he
showers happy praise upon "riche marchauntz."
     Three different arguments have been advanced in
explanation of the Man of Law's passionate aversion to poverty.
One line of reasoning holds that he deplores poverty because it
makes men wicked and tempts them to break the law:
"Margree thyn heed, thou most for
     indigence
or stele, or begge, or borwe the
     despence!" (ll. 104-105)
A second and less flattering theory attributes his distaste to the
fact that as a Sergeant he was enjoined from refusing to give
counsel to the empty-handed.43 And still a third explanation comes
from John M. Manly. Manly suggests that Chaucer
modelled the Man of Law after a contemporary named Thomas
Pynchbek.44 When this Pynchbek began his career in the mid-
fourteenth century his family was landless.  Records show that
he was involved in numerous land transactions and that his
industry in acquiring property made him a wealthy landowner.
He was made a Sergeant around 1376 and must have had a large
income to pay for his rings and feast. It would be
characteristic of such a man to feel that "alle the dayes of
poore men been wikke./Be war therfore er  thou come to that
prikke!" (ll. 118-119) It is curious to note that the surname
Pynchbek became a common term for thrift. It is later recorded
as meaning "miserly," "close-fisted," and "a dry fellow of whom
nothing may be gotten."45
     Whichever line of reasoning is correct, the later meanings
of Pynchbek have come to be recognized as proverbial lawyer's
traits. Nothing points to direct evidence of close-fistedness on
the Man of Law's part. Thrift is concededly one of his
cherished values. But being a "dry fellow," a man with a
fondness for sonorous speech is not so disagreeable as to justify
labeling him a rascal or a cheat - words often muttered in the
same breath as lawyer. Popular resentment against men like the
Man of Law ran high in the thirteen hundreds, much as it does
today. It is hard to discern whether this sentiment was in fact
the result of the legal profession's greed, or merely human envy.
But surely a keen interest in finances is no more indigenous to
lawyers than to others who work for a living.
     What we have, then, is neither a rogue nor a miser.
Rather we have a Man of Law who dedicated his energy and
intellect to putting order and dignity into the confusion

[202]

called human life. Learned, perhaps tedious at times, he was
part of a medieval tradition that fashioned "wise restraints to
make men free."46 And when we reflect how far he came and
through what rigors, with what remarkable enthusiasm for
learning, it seems impertinent of us to greet him with any other
attitude than affection.

[203]

* Cardozo Law School, Yeshiva University

ENDNOTES

1. All quotations from Chaucer's works are from E. T.
Donaldson's edition, Chaucer's Poetry, Second edition 
(New York: The Ronald Press Company, 1975).

2. A short anthology of similar quotations appears in 
The Law Times, Vol. 104 (1897) at pp. 204-205.

3. Edith Rickert advanced this piece of evidence. 
(Rickert, Edith. "Was Chaucer a Student at the Inner 
Temple?" in The Manly Anniversary Studies in 
Language and Literature,  pp. 20-31. From the 
records of the inner Temple it appears that Master 
Buckley, or "Bulkeley," was the chief butler and 
librarian of the House in 1564.

4. Herman Cohen, History of the English Bar
(London: Sweet & Maxwell Ltd., 1929), p. 500

5. The scarcity of books prompted the following 
admonition n 1345:
Again, it is only decent that we scholars, when we return
to study after meals, should wash our hands before we
begin to read; no greasy finger should turn the leaves
or even touch the clasp.

Furthermore, the illiterate, who view a book with the
same interest whether it is upside down or rightside up,
are not at all suitable persons to meddle with books.
And let the clerk see to it that no sooty scullion
reeking from his unwashed pots touch the leaves of 
books; but let him who has the care of the precious 
volumes be always spotlessly clean...


Edith Rickert, Chaucer's World (New York: Columbia 
University Press, 1948), pp. 119-120.

6. Cohen, p. 492.

7. John M. Manly, Some New Light on Chaucer 
(Gloucester: Peter Smith, 1959), p. 16.

8. Cohen, p. 501.

9. Ibid.

10. Ibid.

11. Manly, pp. 33-38.

12. Michael Birks, Gentlemen of the Law (London: 
Stevens Sons Ltd., 1960), p. 42.

13. Birks, p. 47.

14. Birks, p. 48.

15. Henry Kirk, Portrait of a Profession (London: 
Oyez Publishing, 1976), p. 11.

16. Anonymous, unpublished letter from a fifteenth-
century attorney to his client.

17. William Craddock Bolland, Manual of Year 
Book Studies (London: Cambridge at the University 
Press, 1925), p. 31.

18. Bolland, p. 10.

19. Bolland, p. 39.

20. Bolland, p. 56.

21. Rickert, P. 239.

22. Cohen, p. 52.

23. Manly, pp. 137-40.

24.  Manly, pp. 142-43.

25. Cohen, p. 368.

26. Manly, p. 148.

27. Kirk, p. 8.

28. Cohen, pp. 189-90.

29. Broke v. Tayland, Kirk, p. 163.

30. Cohen, p. 220.

31. Cohen, p. 221.

32. Year Books (Rolls Series), 19 Edward III, 
p. 137.

33. Bolland, p. 35.

34. Bolland, pp. 36-37.

35. Manly, P. 152.

36. Bolland, p. 97.

37. Selden Society, Year Book Series, IV, p. 188.

38. Manly, pp. 137-40.

39. Kirk, p. 11.

40. John Gower, Mirour de I'Homme.

41. Bolland, p. 76.

42. Cohen, P. 518.

43. Walter Scheps, "Chaucer's Man of Law and the 
Tale of Constance," PMLA, 89, 1974, p. 288.

44. Manly, pp. 137-57.

45. Manly, p. 154.

46. Commencement remarks by Justice Blackmun at the
University of Minnesota, May 14, 1982.

* * * *

BIBLIOGRAPHY

Alford, John A. "Literature and Law in Medieval 
England." PMLA, XCII, 1977, 941-951.

Baum, Paul. "The Man of Law's Tale." Modern 
Language Notes, 64, 1949, pp. 12-14.

Bellot, Hugh H. L. The Inner and Middle Temple
London: Methuen & Company, 1902.

Birks, Michael. Gentlemen of the Law. London: Stevens 
& Sons Limited, 1960.

Bloch, Edward. "Originality, Controlling Purpose and
Craftsmanship in Chaucer's Man of Law Tale." 
PMLA, 68, 1953, pp. 572-616.

Bloomfield, Morton. "The Man of Law's Tale: A 
Tragedy of Victimization and a Christian Comedy." 
PMLA, 87, 1972, pp. 384-390.

Bolland, William Craddock. Manual of Year Book 
Studies. London: Cambridge at the University Press, 
1925.

Bronson, Bertrand. In Search of Chaucer. Toronto:
University of Toronto Press, 1960.

Brown, Carleton. "The Man of Law's Head-Link and the
Prologue of the Man of Law's Tale." Studies In
Philology 34, 1937, pp. 8-35.

Chaucer's Poetry. Ed. E. T. Donaldson. New York: The
Ronald Press, 1975.

Chaucer's World. Ed. Edith Rickert. New York: 
Columbia University Press, 1948.

Cohen, Herman. History of the English Bar. London: 
Sweet & Maxwell, Ltd., 1929.

Coulton, G. G. Chaucer and His England. New York: 
Russell & Russell, 1957.

Frost, William. The Age of Chaucer. Englewood Cliffs:
Prentice-Hall, Inc. 1961.

Hammond, Elizabeth P. Chaucer: A Bibliographical 
Manual. New York, 1908.

Holmes, George. The Later Middle Ages 1272-1485
New York: Norton & Company, Inc., 1966.

Howard, Donald R. "Chaucer the man." PMLA, 80 
(1965), 337-343.

Huppe, Bernard. A Reading of the Canterbury Tales
Albany: State University of New York Press, 1964. 

Inns Ancient and Modern. The Selden Society Lecture 
for 1971 by Hon. Mr. Justice Megarry. London: Selden 
Society, 1972.

Kirk, Henry. Portrait of a Profession. London: Oyez
Publishing, 1976.

Kittredge, G. L. Chaucer and His Poetry. Cambridge:
Harvard University Press, 1967.

Knowlton, E. C. "Chaucer's Man of Law." Journal of 
English and German Philology, 23, 1924, p. 85.

Lawlor, John. Chaucer. New York: Harper, 1968.

Lewis, Robert Enzer. "Chaucer's Artistic Use of Pope
Innocent's De Miseria Humane Conditionis in the Man 
of Law's Prologue and Tale." PMLA, 81, 1966, 
pp. 485-492.

Literary History of England. A. Ed. Albert C. Baugh.
New York, 1948.

Lumiansky, R. M. Of Sondry Folk. Austin, University of
Texas, 1955, pp. 61-71.

Malone, Kemp. Chapters on Chaucer. Baltimore: Johns 
Hopkins Press, 1951.

Manly, John M. Chaucer's Canterbury Tales.  New
York, 1928.

Manly, John M. Some New Light on Chaucer
Gloucester: Peter Smith, 1959.

Poole, Austin L. Medieval England. Revised edition, 
2 vols., Oxford, England, 1958.

Reinhard, J. R. "Setting Adrift in Medieval Law and
Literature". PMLA, LVI, 1, 1941, 33-68.

Ruggiers, Paul G. The Art of the Canterbury Tales
Madison: University of Wisconsin Press, 19T7.

Scheps, Walter. "Chaucer's Man of Law and the Tale of
Constance." PMLA, 89, 1974, pp. 285-295.

Southern, R. W. The Making of the Middle Ages. New 
Haven: Yale University Press, 1953.

Warren, Edward H. "Sergeants-at-Law: The Order of 
the Coif." Virginia Law Review  28, 1942.

Works of Geoffrey Chaucer, The. Ed. F. N. Robinson. 
Second edition. Boston: Houghton-Mifflin, 1957.