Legal Definitions - College of Advocates and Doctors of Law

The College of Advocates and Doctors of Law refers to a historical professional association of legal practitioners in England. This body was primarily associated with an institution known as Doctors' Commons, which served as both a professional society and a set of courts.

Members of this College were highly specialized lawyers who had earned a Doctor of Civil Law (D.C.L.) degree from universities such as Oxford or Cambridge. They held the exclusive right to practice as advocates in specific courts, including:

• The ecclesiastical courts, which handled matters related to church law, wills, marriages, and defamation.
• The High Court of Admiralty, which dealt with maritime law, disputes involving ships, and international trade.
• The Prerogative Court of Canterbury, which had jurisdiction over probate and wills for individuals with significant property.

This exclusive group played a crucial role in these specialized areas of English law until major legal reforms in the mid-19th century ultimately led to the dissolution of Doctors' Commons and the integration of its jurisdiction into the broader English legal system.

Here are some examples illustrating the role of the College of Advocates and Doctors of Law:

• Example 1: Contested Will

  Imagine it is the year 1765, and a wealthy London merchant has passed away, leaving behind a complex will. A distant relative challenges the will's validity, claiming the merchant was not of sound mind when he signed it. This dispute would be brought before the Prerogative Court of Canterbury. To represent either the estate or the challenging relative, legal counsel would have to be an advocate who was a member of the College of Advocates and Doctors of Law. Their specialized training in civil and canon law, and their exclusive right to practice in this court, made them the only qualified professionals for such a case.

• Example 2: Maritime Salvage Claim

  Consider a scenario in 1810 where a British merchant ship, caught in a severe storm, is rescued by another vessel off the coast of Cornwall. The rescuing ship's captain then files a claim for salvage fees, arguing the rescue was perilous and saved valuable cargo. This type of maritime dispute, involving claims for salvage, would fall under the jurisdiction of the High Court of Admiralty. Any legal representation for either the rescued ship's owners or the salvors would be provided exclusively by an advocate from the College of Advocates and Doctors of Law, as they possessed the unique authority and expertise to argue cases in this specialized court.

• Example 3: Ecclesiastical Divorce Proceedings

  Suppose in the late 18th century, a noblewoman in England seeks a legal separation from her husband due to extreme cruelty. At this time, absolute divorce (allowing remarriage) was rare and required an Act of Parliament. However, a divorce a mensa et thoro (from bed and board, a legal separation without the right to remarry) could be granted by an ecclesiastical court. To pursue her case, the noblewoman would need to retain an advocate who was a member of the College of Advocates and Doctors of Law. These were the only legal professionals qualified to argue cases within the ecclesiastical legal system, which governed matrimonial matters.