Doctors' Commons - The "civil Law" in England

The "civil Law" in England

While the English Common Law, unlike the legal systems on the European continent, developed mostly independently from Roman Law, some specialised English courts applied the Roman based civil law. This is true of the ecclesiastical courts, whose practice even after the English Reformation continued to be based on the canon law of the Roman Catholic Church, but also of the admiralty courts. The advocates practising in these courts were trained in Canon law (before the Reformation) and Roman law (after the Reformation) at the universities of Oxford and Cambridge. The civilian legal profession was split like its common law counterpart. The advocates had a role similar to that of barristers in the common law courts. The proctors, who were also associated with Doctors' Commons, can be compared to common law solicitors.

According to some accounts, the society of Doctors' Commons was formed in 1511 by Richard Blodwell, Dean of the Arches. According to others, it existed already in the 15th century. The society's buildings, which were acquired in 1567, were originally situated near St. Paul's Cathedral at Paternoster Row, and later nearby in Knightrider Street where it remained until the buildings were sold in 1865. (Baker (1998), p.59, n.8)

In 1768 it was incorporated under the official name of College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts. The college consisted of a president (the dean of Arches for the time being) and of those doctors of law who, having regularly taken that degree in either of the universities of Oxford or Cambridge, and having been admitted advocates in pursuance of the rescript of the archbishop of Canterbury, were elected "fellows" in the manner prescribed by the charter. There were also attached to the college thirty-four "proctors", whose duties were analogous to those of solicitors.