56 THE POPULAR SCIENCE MONTHLY. 



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 

 hest 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 cer- 

 tain cases 



"le pretre 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 attri- 

 butes, 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 de- 

 gree of Doctor of Civil Law ; which degree, however, is one cover- 

 ing 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 eccle- 

 siastical 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, be- 

 coming 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. 



