Motley Talk about the Law in the City
'Trial by combat' is no longer allowed. So where is 'trial by jury' held in the City?
Dear Motley Officers, Crew & Friends, the City of London is governed by the City of London Corporation, a unique, independent administration within Greater London. Like any local council, the Corporation can impose some rules on the inhabitants of their borough. For instance, in the 16th Century, the Aldermen of the City of London passed a law against ‘persons with great beards’ (since abolished).
However, like all UK citizens, the people of the City of London must obey the laws of the United Kingdom. A crime committed in the City of London has the same consequences as a crime committed anywhere else in England or Wales1.
There are some interesting judicial institutions within the square mile of the City of London, which is the subject of my talk today. Though let us start with a building of importance to the City, which is just outside the City. Every year the new Lord Mayor travels in a procession to the Royal Courts of Justice, where he or she takes the oath of allegiance to the Crown.
For centuries the courts sat in Westminster Hall, now attached to the Houses of Parliament, and where Queen Elizabeth II lay in state. In the 19th Century it was decided that a purpose-built building was required. This necessitated something grand - the Royal Courts of Justice. The building is in the Victorian Gothic Revival style, the impressive, ornate style so beloved by the Victorians. Nowadays the Royal Courts of Justice are primarily concerned with civil (non-criminal) litigation.
Criminal cases are tried at the Central Criminal Court, otherwise known as the Old Bailey, named after the street on which it stands. The street follows the original fortified wall of the City of London; fortified walls were called a ‘bailey’.
In medieval times, one way that criminal and civil disputes could be decided was by ‘trial by combat’. Those who won were considered the innocent or rightful party. Either side could employ their own champions to fight on their behalf, which was not totally fair. Someone in 1818 tried this option. Sadly, they failed to get it approved and this little-known technicality has now been closed off.
The Old Bailey conveniently stood next to Newgate Prison. Built in the 12th Century, the prison expanded to include one of the main gates into the City. During the early 19th Century, the prison attracted the attention of the social reformer Elizabeth Fry. She was particularly concerned at the conditions in which female prisoners and their children were held. After she presented evidence to the House of Commons improvements were made. The prison closed in 1902 and was demolished the following year.
The Old Bailey has been on this site since the 16th Century, though the present building is Victorian. The south block of the courthouse was constructed over the site of Newgate Prison. On top of the building is the gold 3.5m tall figure of Lady Justice - clutching the sword of retribution in her right hand, and the scales of justice in the other. But contrary to expectations, she is not blindfolded.
Originally this was the court of the Lord Mayor of the City of London, when the mayor was also the chief magistrate. The Lord Mayor no longer has responsibility for enforcing the law within the City, though the City Corporation manages the building. Nowadays the Crown Court that resides in the Old Bailey hears major criminal cases from within Greater London, though sometimes a case will be referred from other parts of England & Wales. The courts are open to the public.
If you have a few hours, or days, to spare the Old Bailey has a fully searchable database containing information about 197,745 criminal trials held at London's Central Criminal Court.
Barristers are lawyers who usually specialise in courtroom advocacy and litigation, often at the Old Bailey. Nowadays, you can train to be a barrister anywhere in the UK. But in the past English & Welsh barristers were trained at the Inns of Court.
To understand the Inns of Court we need to talk about the Order of Knights Templar. It was founded in 1120 to protect pilgrims going to the Holy Land. Only about 10% of the Order of Knights were knights, the rest supported a huge economic infrastructure throughout Christendom, developing an early form of banking and a network of nearly 1,000 settlements and fortifications across Europe and the Holy Land. The Knights Templar became very, very wealthy.
In 1160 the Knights Templar started to build the Temple Church in London. Around the church they also built dormitories, storehouses, stables, chambers, and dining halls. These were grand buildings, fit for the kings & nobles who often stayed there. King John often used the Temple as his headquarters.
But by the late 13th Century the Crusaders had been repelled from the Holy Land, support for the Templars unravelled and they were persecuted. In 1312 the Order of Knights Templar was dissolved.
In 1234 King Henry III declared that nobody providing a legal education should be located in the square mile of the City of London. It didn't quite work out that way, but the lawyers did move to the western edge of the City, nearer to Westminster Hall, where trials were held at the time.
The Inns of Court were established in the late 14th Century, in the area previously used by the Knights Templar. The Inns of Court remain professional associations that provide training & support for barristers in England & Wales.
There are four Inns of Court remaining in London; called ‘court’ because at the time students could only be sons of noblemen & gentlemen, whose rank qualified them to do service to the monarch, at Court. The Inns are:
The Inner Temple. A ‘temple’ because it was once a building or on land owned by the Knights Templar. Inner because it is just within the square mile of the City of London.
The Middle Temple. I can’t find the reason for the name but suppose the Middle Temple was between the Inner and the now vanished Outer Temple.
Lincoln’s Inn. In olden times an inn was another name for a grand townhouse. This house belonged to Henry de Lacy, 3rd Earl of Lincoln, a great statesman. He died in the house in 1311.
Gray’s Inn was originally the property of Sir Reginald de Grey, Chief Justice of Chester, Constable & Sheriff of Nottingham2, who died in 1308.
The Inns each have their own gardens (web sites above), dining halls, libraries and administrative offices. The Inns are surrounded by the buildings in which barristers practise, from sets of rooms known as chambers. Although the Inns of Court are peaceful and sedate nowadays, in the past the area was well known for the drinking, high-jinks and bad behaviour of the students.
The original Temple buildings no longer exist as fire, riots, war, and a desire for bigger & better buildings replaced most of them. But the Temple Church escaped the Fire of London, and is one of the oldest churches in London. Within the church there are nine stone effigies, including that of William Marshal, 1st Earl of Pembroke. He was a soldier, statesman and a negotiator during a meeting in the Temple between King John and the Barons, before King John signed the Magna Carta (William signed second). William Marshal was invested into the Order of Knights Templar on his deathbed in 1219.
If you are in London, step away from the busy City to visit the Temple Church and Inns of Court gardens. They provide a lovely, quiet place for a stroll. Each Inn has a website (links above), so check opening times.
As always, any links are provided to give the reader more information. I do not make any money from these links. Where possible permissions have been sought for the use of images and text, unless they are in the Public Domain. If there is an issue with copyright, please contact me. I am an amateur historian covering a wide range of subjects. I do careful research using secondary sources (books, articles, videos and a little bit of Wikipedia). If there are any mistakes I apologise, and please let me know.
Scotland was an independent country until 1603. They have retained their slightly different legal system.
Yes, Gray’s Inn and Sir Reginald de Grey have different spellings; I can’t find out why. Sir Reginald was not the supposedly wicked Sheriff of Nottingham, who gave Robin Hood such a bad time.