Doctors' Commons - Disestablishment

Disestablishment

In the nineteenth century, the institution of Doctors' Commons and its members were looked upon as old-fashioned and slightly ridiculous. A satirical description of Doctors' Commons can be found in Charles Dickens' Sketches by Boz and also in his novel David Copperfield (in which Dickens called it a "cosey, dosey, old-fashioned, time-forgotten, sleepy-headed little family party." (ch. 23))

As anticipation of an impending abolition grew, there was a reluctance among the society to admit new fellows as this would dilute the proceeds of any winding up of the property. Dr Thomas Hutchinson Tristram was the last to be admitted.

The Court of Probate Act 1857 abolished the testamentary jurisdiction of the ecclesiastical courts and gave common lawyers the right to practise in areas which before had been the exclusive domain of civilians, while offering the token compensation that the civilians could practise in the common law courts. Critically, the Act also made it lawful for the Doctors' Commons, by a vote of the majority of its fellows, to dissolve itself and surrender its Royal Charter, the proceeds of dissolution to be shared among the members.

Following this, the Matrimonial Causes Act 1857 created a new divorce court in which both barristers and advocates could appear. Then the High Court of Admiralty Act 1859 liberalised rights of audience in the Admiralty Court, leaving only the jurisdiction of the Court of Arches.

A motion to dissolve the society was entered on 13 January 1858 and the last meeting took place on 10 July 1865. The fellows did not formally surrender their offices, nor in the end their charter, but the society perished with the death of its last fellow Dr. T.H. Tristram in 1912. The buildings of Doctors' Commons were sold in 1865 and demolished soon after. The site is now largely occupied by the Faraday building.

The Court of Arches itself finally admitted barristers, accepting that they could exercise all the offices of an advocate, in 1867.