Struktur dan pentadbiran Gray's_Inn

Gray's Inn's internal records date from 1569, at which point there were four types of member; those who had not yet been called to the Bar, Utter Barristers, Ancients and Readers.[52] Utter Barristers were those who had been called to the Bar but were still studying, Ancients were those who were called to the Bar and were allowed to practise and Readers were those who had been called to the Bar, were allowed to practise and now played a part in educating law students at the Inns of Chancery and at Gray's Inn itself. At the time Gray's Inn was the odd one out amongst the Inns; the others did not recognise Ancients as a degree of barrister and had Benchers roughly corresponding to the Readers used at Gray's Inn (although the positions were not identical).[53]

The Inn is run by Pension, its ultimate governing body. The name is peculiar to Gray's Inn — at Lincoln's Inn the governing body is called the Council, and at the Inner and Middle Temples it is called the Parliament. The name was used for the governing bodies of three of the Inns of Chancery — Barnard's Inn, Clement's Inn and New Inn.[54] In Gray's Inn the Readers, when they existed, were required to attend Pension meetings, and other barristers were at one point welcome to, although only the Readers would be allowed to talk. Pension at Gray's Inn is made up of the Masters of the Bench, and the Inn as a whole is headed by the Treasurer, a senior Bencher. The Treasurer has always been elected, and since 1744 the office has rotated between individuals, with a term of one year.[46]

Pembaca

A Reader was a person literally elected to read — he would be elected to the Pension (council) of Gray's Inn, and would take his place by giving a "reading", or lecture, on a particular legal topic.[54] Two readers would be elected annually by Pension to serve a one-year term. Initially (before the rise of the Benchers) the Readers were the governing body of Gray's Inn, and formed Pension.[55] The earliest certain records of Readers are from the 16th century — although the Inn's records only start at 1569 William Dugdale published a list in his origines juridiciales dating from 1514. S.E. Thorne published a list dating from 1430, but this is entirely conjectural and not based on any official records, only reports of "readings" that took place at Gray's Inn.[53] By 1569 there had certainly been Readers for more than a century.[54]

The English Civil War marked the end of legal education at the Inns, and the class of Readers went into decline. The last Readers were appointed in 1677, and the position of the Readers as heads of the Inn and members of Pension was taken by the Benchers.[56]

Pembangku

Rencana utama: Pembangku
F. E. Smith, kemudian digelarkan Lord Birkenhead, seorang Pembangku dari Gray's Inn

A Bencher, Benchsitter or (formally) Master of the Bench,[51] is a member of Pension, the governing body of the Honourable Society of Gray's Inn. The term originally referred to one who sat on the benches in the main hall of the Inn which were used for dining and during moots, and the term originally had no significance.[55] The position of Bencher developed during the 16th century when the Readers, for unknown reasons, decided that some barristers who were not Readers should be afforded the same rights and privileges as those who were, although without a voice in Pension. This was a rare practice and occurred a total of seven times within the sixteenth century, the first being Robert Flynt in 1549.[57] The next was Nicholas Bacon in 1550, then Edward Stanhope in 1580, who was afforded the privilege because, although a skilled attorney, an illness meant he could never fulfil the duties of a Reader.[57]

The practice became more common during the seventeenth century—there were eleven people made Benchers between 1600 and 1630—and in 1614 one of the Benchers appointed was explicitly allowed to be a member of Pension.[56] This became more common, creating a two-rank system in which both Readers and Benchers were members of Pension. However far more Readers were appointed than Benchers—50 between 1600 and 1630—and it appeared that Readers would remain the higher rank despite this change. The English Civil War marked the end of legal education at the Inns, although the government attempted to persuade Readers to continue by threatening them with fines. The class of Readers went into decline and Benchers were called as members of Pension instead.[56] In 1679 there was the first mass-call of Benchers (22 on one occasion, and 15 on another),[56] with the Benchers paying a fine of 100 marks because they refused to read, and modern Benchers pay a "fine" in a continuation of this tradition.[58]

Noted Benchers of Gray's Inn include Lord Birkenhead and Francis Bacon.[14][59] Honorary Benchers can also be appointed, although they have no role in Pension, such as Lord Denning, who was appointed in 1979,[60] and Winston Churchill.[14] Today there are over 300 Benchers in Gray's Inn, mostly senior barristers and members of the judiciary.[61]

Lencana

Sebuah gambar Lencana Gray's Inn dari abad kesembilanbelas

The Badge of Gray's Inn is, in blazon, "Azure an Indian Griffin, proper segreant"[62] or "sable a griffin segreant or" — a gold griffin with a black background.[21] The original badge was the Coat of Arms of the de Grey family slightly altered, but these were changed at some point between 1594 and 1606, with the new arms probably adapted from those of Richard Aungier. This was for two reasons; firstly, he was a particularly important and prestigious member of the Inn, and secondly because the arms looked more impressive on occasions such as masques and revels.[21] The motto around the Badge is Integra Lex Aequi Custos Rectique Magistra Non Habet Affectus Sed Causas Gubernat, or "impartial justice, guardian of equity, mistress of the law, without fear or favour rules men's causes aright".[21]

Rujukan

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