Page:The Green Bag (1889–1914), Volume 10.pdf/88

 The " Canterbury Tales " and Our Early Legal History.

69

THE 'CANTERBURY TALES" AND OUR EARLY LEGAL HISTORY. IN this invaluable record of English life in the 14th century it has been often possible to find many a link in the chain of our national progress, many a fact by means of which the light of day has been thrown on obscure points in our general history. It would be strange, therefore, if we did not also find some reference to that institution without which civil society could not exist, viz. : our legal system; and when we consider that Chaucer was probably born in the lifetime of the English Justinian, and was in the vigor of his life during that period of our history when the court of chancery was beginning to assume its permanent form, it would be surprising, indeed, if a writer, who has described so accurately almost all the other details of our national life at this period, should have passed over all refer ence to our legal system. It is reported, too, that during one period of his life Chaucer was a student of the In ner Temple, and entered upon a course of professional legal training. Whether this be a fact or not, I do not wish to discuss, or to enter upon any arguments as to details in the poet's life history. From the tech nical legal knowledge displayed in his writ ings, I should be inclined to think it not un likely, but at the same time this may have been but one of the departments of his general attainments, although, it must be confessed, there is abundant evidence to show that he was as fully conversant with the best legal learning of the day, as with any of the multifarious branches of general knowl edge with which he dealt in his works. In the few remarks I have to make I intend to deal more especially with three of the "Canterbury Tales," including the Prologues thereto; these are : ( 1 ) The Sergeant of I-awe's Tale; (2) The Doctour of Physik's Tale; and (3) The Sompnour's Talc.

As we glance over the medley of person ages that start from the Tabard Inn, at Southwark, on the memorable Canterbury Pil grimage, it is obvious that they are meant to be types of the then social system, and that the Sergeant of Lawe is meant to be the legal representative, and it may be noted with interest that the latter title has only passed into disuse during the last twen ty years. This lawyer of the time was evidently a man of importance, for it is said he was : — "Ful rich of excellence : Discret he was, and of gret reverence,"

although, in his attire then, as now, he was not very ostentatious: — "He rood but hoomly in a medled coote, Gird with a seynt of silk, with barres smale." With regard to points of legal interest in Chaucer's description of the Sergeant of Lawe the following seem to be worthy of notice. Then, as now, eminent members of the bar were appointed temporarily to take the place of judges at assizes, etc. : — "Justice he was ful often in assise By patent, and by pleyn commissioun." As now, there was the same respect for precedent or case law, and probably many records of decided cases existed at that time, which were subsequently lost, for there can be no doubt it was absolutely necessary for a successful barrister or judge to be conver sant with important decisions for many years back. Chaucer specially eulogizes his typi cal barrister in this respect by saying: — ''In termes hadde cases and domes alle, That fro the tyme of Kyng Will were falle : Thereto he couthe endite and make a thing. There couthe no man pynche at his writing."

It is possible there may be a little satire underlying these last two lines, implying that the learned sergeant might possibly, to