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"(a) from knowing the nature and quality of his act ;

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(b) from knowing that the act is wrong; or

(c) from controlling his own conduct, unless the absence

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of the power of control has been produced by his own default."

The addition made by Sir James Stephen to the law has been actually followed in some cases. In Queensland and in Cape Colony it has been accepted as part of the law. An authoritative re-statement of the law of insanity, as it has developed since MacNaughton's Case, would be a valuable addition to the Criminal law.

J. A. LOVAT FRASER.

III.-SELF-GOVERNMENT IN THE INNS OF

COURT.

T has hitherto been assumed that the present paternal

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rule of the Benchers of the four Inns of Court over the members of their respective Houses has existed from time immemorial, and any attempt in modern times to question their authority has been regarded almost as an impertinence. If the constitution of the earliest legal hospices was of a popular or democratic nature, no hint, it has been alleged, of democracy is to be found in the government of any of the Greater Houses of Court.1

So far, however, from this allegation being true, it is the exact reverse of the facts. Abundant evidence survives, proving beyond all reasonable doubt that originally the constitution of the Inns of Courts differed not at all from that of the Inns of Chancery, which remained almost to the last democratic in spirit and form.

1 Fletcher: Gray's Inn Pension Book. p. xiii.

It is to the Black Books of Lincoln's Inn that one naturally turns first, since they are prior by nearly a century to the records of any of the other Societies. A close examination of the earlier volume of the Black Books reveals the fact that at first there is no trace of the Council which ultimately became the sole governing power in the Society, and which has hitherto been regarded as existing from the earliest moment of the formation of the Inn. At the commencement of the Records it is the Fellowship and not the Council, in which the governing power is seen to reside. The Governors three, four, five, or six, as the case may be, are merely the most eminent Ancients of the House, annually elected by the Fellowship, and responsible to the Fellowship for the government of the Society, and for proved negligence in such government liable to, and in mercy of, the Fellowship. In 1447, for instance, William. Osborne, one of the Governors or Rulers, was threatened with the penalty of expulsion from the Society by the Fellowship, if he failed before a specified day to repay the sum of 40s., which by his negligence had been lost to the House.

Whether the Fellowship at this date always included all the members of the Society, that is, the students as well as those called to the Bar, may be doubted. In several instances it certainly did. In 1427, we are told that the mainprise-manucaptio-upon admission of persons to the Fellowship was taken before the Governors and the Pensioner "deputed and assigned by the said Society to make mainprise of this kind according to the form of an ordinance made to that effect by the common assent of the said Society." Again, in 1428, we read "it is ordained by the Society," and in 1431 it was 'accorded,' i. e., agreed by "all the felawschip that ther should be iiij revels in the yeere and no mo." In these instances, clearly, Fellowship and Society are synonymous, and both include all the members

of the House, since all from the rawest student to the most ancient of the Ancients was a Fellow of the House.

We read, it is true, of ordinances promulgated by the Governors, but we also read of ordinances addressed to the Governors; and when a dispute arises between William Jenney, one of the Governors, and the rest of his colleagues, it is "remitted to the discretion of the Society."

At this early date the Treasurer had not assumed the superior position in the House which he now holds. Still, the office was regarded as highly important, and there is nothing to show that his appointment differed from that of any other officer of the House. In 1455, we find Thomas. Humfrey, not appointed by the Benchers but elected by the Society, with the significant clause added to the record of his election, "that by the consideration of the whole Society" he was to account not to the Benchers but to "the Society.".

The following year, Folbery, the Pensioner-the most ancient officer in the House-was examined in the presence of the Society touching 40s. which he had retained and which he ought to have paid in part payment of the rent of the Inn.

When Maningham was admitted to the Inn in 1460, he was admitted to "repasts" only "with the consent of the Society.". In 1462 it was ordered by the Society that every Fellow should pay 4s. a year for his pension, and two years, later "it was ordered by the advice of the whole Society. that every Fellow should pay 16sh a term," and by the like authority"The Autumn Reader was to be elected in Easter Term; the Lent Reader in Michaelmas Term"; and thereupon William Huddersfield was "elected by the Society to read in Lent."

Finally, from a Statute passed in 1466, we see also at this period who constituted the Society. It purports to be passed "by the Governors of the said Society, in

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general council, held in the Chapel of St. Richard in the said Inn, according to the custom thereof, all being summoned who are of the said Society, as well at the Bench as at the Bar, called utter barristers,' to communicate, understand, ordain, and do what should be good, useful and necessary for the Society and the Inn, by their common consent and sole and spontaneous wish and by their authority." is clear, then, that the ultimate authority known as the Society" was composed of the Governors, Benchers, and Utter Barristers. The term "Inn" may be used here to indicate either the buildings of the Society or the household staff or both.

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If there is any distinction between "The Society" and "The whole Society," Inner Barristers or Students would be included in the latter term, and properly so included, since in a voluntary Society they were entitled to say to what extent they should contribute to the funds of the House.

Moreover, in the agreement between the landlord of the Inn and the Society, the parties were the Bishop of the one part and two Governors and Richard Whiteley, Pensioner, "for the whole Society," of the other part. Here clearly "the whole Society" is something different from "the Society." If the masters of the Bench had at this time. absolute authority, the Pensioner covenanting for the whole Society would have been quite unnecessary as a party. Again in 1469 "it was agreed and established by all the Fellows, as well of the Bench as of the Bar, with their unanimous consent and assent, that every Fellow," etc. Here we have the same body so frequently referred to above as "the Society" or "Fellowship," and it was before this body that John Bradshaw, one of the Governors, made his humble submission in 1475 for "playing cardes at the porter's house of the Rolles in the Chancelare Lane" with divers of the Fellowship. In the same year an ordinance

by all the other Again, in 1494,

was passed by "the Governors in general council," and in 1482 certain members were reported to "the Governors and the Society for card-playing in the Inn." It was not till 1489 that we get, for the first time, an ordinance unmistakably passed by the Bench alone. This was made by "the Governors of the Inn for the time being and Worshipfulls-venerabiles-of the Bench." "James Hobart, the King's Attorney, and all the other Governors, and all the existing Benchers to the number of fourteen, assembled in the Chapel," to amend the Rules of the Society. From 1496 the orders run in the name of "the Governors and others of the Bench." In 1499 an ordinance is passed "for the good order & Rewle of Lyncolnsyn by the Rewlars and others of the Benche assemblyd to gedyr in the Chapell of or Lady." But this was a period of transition; for apparently the Society continued to exercise some authority. For instance, in 1503, certain regulations relating to the Christmas Vacation were made by the Society. But references to the Society are few. The formula changes :"Agreed by all the Bench;" "Resolved by the Benchers;" Agreed by the Governors and Benchers, assembled in the Chapel;" "Granted by the Governors and others of the Bench."

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In 1507, however, we find a memorandum "that it is agreid by the hole Felishippe of Lyncolnes Inne that Walter Rowdon shall have the highest chamber of the newe byldyng," but in 1510, another states that "Hit was agreed by ye hool company of ys Bensh."

"It is agreed by

In 1511 the word Council comes into use: the Rewlers in the Common Counsell.” In 1516 the Chief Butler produced his books to the "Council," and two years later the proceedings before the Masters of the Bench are headed" before the Council." The officers of the Society, however, continue to be "elected" on All Saints' Day, till 1522, when it is described as a "Council held on All Saints'

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