Doctors’ Commons: the Civilians’ Influence on Equity and Trusts

Abstract

The core of this article lies in its broad examination of the influence that civil law and the now defunct Doctors’ Commons may have had on equity and trusts. Doctors’ Commons was like an Inn of Court for civil lawyers based in England. Historically, these civilian practitioners had a monopoly over certain legal jurisdictions, including wills and probate. To show the civilians’ influence, this article examines Doctors’ Commons’ dominion over the proving of wills. It further looks at the civil law’s possible development of equity’s core concepts, with a specific focus on the Graeco-Roman concept of “conscience”.