Chapter VI: Part 6
We try in vain to reconstruct with any fullness the life of the lawyers and their apprentices at the Temple in the fourteenth and fifteenth centuries. But it is clear that, together with the buildings, they inherited some of the traditions. The old church remained their place of worship. In the old refectory they were served by "panier-men" on wooden platters and in wooden cups, as the Templars had been before them. The penalties inflicted for small misdemeanours, such as being "expelled the hall" and "put out of commons," were much the same as those prescribed in the "Rule" of the Templars, as drawn up by St. Bernard.
It is a curious coincidence that not long after the coming of the lawyers a change was introduced in the legal profession which recalls the organisation of the old military brotherhood. In 1333, according to Dugdale, the judges of the Court of Common Pleas received knighthood, and so became in a sense successors of the Knights Templars. The creation of sergeants-at-law (now abolished) goes further back, but it has been suggested that they were representatives of the _frères serjens_, the _fratres servientes_, of the old Order. Had the white linen coif worn by sergeants the same symbolical meaning as the Templars' white mantle? Was it, as some say, the survival of a linen headdress brought back by the Templars from the East? These are disputable points. At any rate, the common life at the Temple, with the associations which it recalled, cannot have been without its influence on the lawyers. Their numbers grew apace. By 1470 courses of legal studies had been organised, and each of the two Inns at the Temple had more (perhaps considerably more) than two hundred students--numbers amply sufficient to resist successfully any attempts on the part of the Lord Mayor, backed by the city apprentices, to enforce an illegal jurisdiction over the precincts. In the absence of maps and records we cannot trace with certainty the gradual extension of the buildings. Such names as Elm Court and Figtree Court suggest that in byegone days open spaces and garden plots were interspersed among the chambers. Not least among the amenities of the lawyers' goodly heritage was the large garden by the river side with its pretty fifteenth century story of the red and white roses. It has been said that Shakespeare in his well-known scene refers to the smallness of the hall in the phrase which he assigns to Suffolk:
"Within the Temple Hall we were too loud;
The garden here is more convenient."
But do the words imply more than the obvious contrast between being indoors and in the open air, as regards noise? We have a companion picture to Shakespeare's garden-scene in Spenser's river-piece. Some people see in it a reference to "Brick Buildings" which stood on the site of what is now Brick Court:
"Those bricky towers
The which on Themmes brode aged back do ride
Where now the studious lawyers have their bowers;
There whilome wont the Templer Knights to bide,
Till they decayed through pride."
In 1540, on the dissolution of the Order of Knights Hospitallers, the two societies became yearly tenants of the Crown, and took over the charge of the fabric of the church. No change, however, was made in the ecclesiastical staff, John Mableston, sub-prior, William Ermestede, master of the Temple, and the two chaplains of the house being continued in their offices. There were modifications, of course, in the services of the church; but nowhere probably in London did the Reformation cause less interference with established custom. Dr. Ermestede, indeed, bridges over the critical interval between 1540 and 1560 in a remarkable way, for on Mary's accession he went back to the old form of worship, and then accepted a third change of religion under Elizabeth. The building of the beautiful Middle Temple Hall, soon after Elizabeth's accession, is associated with the name of Edmund Plowden (died 1585), whose fine monument stands in the triforium of the church. The work was begun during his treasurership in 1561, and in 1571 he "offered his account for the new buildings." In 1575 the fine carved oak screen was put up. Towards the cost of this contributions were made by the masters of the bench, the masters of "le Utter Barre," and other members of the society. In this hall took place the interesting Shakespearean performance recorded by John Manningham, barrister, in his diary (1601-2). "At our feast wee had a play called Twelve Night or what you will, much like the Commedy of Errores or Menechmi in Plautus, but most like and neere to that in Italian called Inganni. A good practise in it to make the steward beleeve his lady widdowe was in love with him," etc. The halls of the Inns of Court lent themselves very conveniently for dramatic representations at a time when there were no theatres in London. In 1561-2 "Gorboduc," one of the earliest of English plays, written by Thomas Sackville and Thomas Norton, members of the Inner Temple, was performed in the Inner Temple Hall before Queen Elizabeth, and in 1568 she was also present there at the performance of "Tancred and Gismund." Masques were frequently given in the halls of both societies during the early part of the seventeenth century, and with these some interesting literary names are connected, such as Francis Beaumont, William Browne, Michael Drayton, and John Selden.
The reign of James I. is of special importance in the history of the Temple, because the patent granted by him in 1608 relieved the two societies from what had been a somewhat precarious tenure of their property. As a mark of gratitude they spent £666 (about £3,500 at present value) on a gold cup for the king, which was subsequently pawned in Holland by Charles I. The outbreak of the Civil War in 1642 checked for a time the prosperity of the Temple. For two years the buildings were practically deserted, and readings and exercises ceased till the Commonwealth was established. From 1651 to 1654 every barrister and master of the bench before opening his lips in court had to take what was called "the engagement"--"I do declare and promise that I will be true and faithful to the Commonwealth of England, as it is now established without a king or a house of lords." Soon after the Restoration there came further troubles from plague and fire. Twelve deaths from the plague are recorded in the Burial Register for 1665, and the buildings were again for a time deserted. The great fire of 1666, the flames of which, after destroying King's Bench Walk, licked the east end of the Temple Church, was followed in 1678 by another fire which did much damage to the buildings of the Middle Temple, burned down the old cloisters (afterwards replaced by Wren's somewhat commonplace colonnade) and threatened the south-west angle of the church. A bird's-eye view made in 1671 and John Ogilby's plan of 1677 enable us to follow the process of reconstruction after the great fire, and at the same time call attention to the disfigurement of the church by the mean shops and small houses which had been built against its walls and even over its porch. It seems as if for a time all appreciation of the beauty of the buildings was lost. The Round Church, not being used for Divine service, became, like Paul's Walk, a rendezvous for business appointments, and the font was often specified in legal documents as the place where payment was to be made to complete some transaction. That is why the lawyer consulted by Hudibras advises his client while getting up his case to
"Walk the Round with Knights o' th' Posts[74]
About the cross-legged Knights their hosts."
Still, in spite of its shortcomings, the seventeenth century has at least one claim upon the gratitude of those who worship in the Temple Church. The organ of Bernard Schmidt (Father Smith), purchased in 1686, still survives as the foundation of the modern instrument. The story of the Battle of the Organs has been often told. The masters of the bench were anxious to secure by competition the best possible make, and rival organs were set up in the church by Smith and Harris. The decision was eventually left to Judge Jeffreys, not apparently on account of his musical knowledge, but because he was Lord Chancellor at the time. The beautiful music of the Temple Church is thus strangely linked with a name not usually associated with sweetness or harmony.
A few only of the Temple buildings are named after eminent men, and the choice of names has been to some extent capricious or accidental. Among lawyers thus commemorated, no one will dispute the claims of Edmund Plowden, already mentioned. Hare Court preserves the memory not of Sir Nicholas Hare, Master of the Rolls in Mary's reign (died 1557), but of a nephew of his, a comparatively unknown Nicholas Hare, who rebuilt the chambers on the south side of the court. The present Harcourt Buildings replace earlier chambers erected during the treasurership of Sir Simon Harcourt, afterwards Lord Chancellor (died 1727). The eponymus of Tanfield Court was Sir Lawrence Tanfield, a well-known judge in his day, who resided there. We cannot but regret that more of the greatest legal names have not in this way been handed down as household words to posterity. Two great literary names do thus survive, but in neither case was the existing building the home of the man. Dr. Johnson's Buildings, rebuilt in 1857, recall nothing but the site of the chambers in which Johnson lived for a few years from 1760. Goldsmith Building, erected in 1861, stands in no relation to the poet save that it is near the stone which serves to mark (not very exactly) his burial place. Pious pilgrimages are still made yearly to that stone on November 10, the anniversary of his birth. Goldsmith died in the Temple in 1774, and from 1765 onwards he occupied chambers which still exist at 2, Brick Court. A commemorative tablet recently placed there raises the question whether the rooms on the north or on the south side of the staircase are properly described as "two pair right." Some years before Oliver Goldsmith removed to Brick Court, the Temple was the residence of another poet--William Cowper. His attempted suicide there in 1763 shows how bad for his melancholy temperament was a solitary life in chambers. Charles Lamb, on the other hand--as we see, for instance, from his essay on the Old Benchers of the Inner Temple--delighted in the Temple and all its ways. The sense of its charm may be said to have been born and bred in him, for he was born and spent his childhood in Crown Office Row. In later life, for seventeen years from 1800, he and his sister occupied chambers now no longer in existence, first in Mitre Court Buildings, and afterwards in Inner Temple Lane, from the back windows of which he looked upon the trees and pump in Hare Court. Lamb Building, of course, has nothing to do with Charles Lamb. It belongs to an earlier time, and its name is derived from the Agnus of the Middle Temple over its doorway. Within fifteen years of Lamb's departure from the Temple Thackeray was settled for a short time in the chambers in Hare Court, which were immortalised some twenty years later, in _Pendennis_. "Lamb Court," in which he places the chambers of George Warrington and Arthur Pendennis, is the result of a combination of Lamb Building and Hare Court. Other reminiscences of his life at the Temple may be found by the student of Thackeray in some of his other works. Dickens, though he never lived at the Temple, also betrays the influence of its charm. No one can walk through Fountain Court without thinking sometimes of Ruth Pinch.
Of the great lawyers who have occupied chambers in the Temple nothing can here be said. The settlement of the lawyers has now lasted for nearly six hundred years--almost four times as long as the tenure of the Knights Templars, and for the greater part of that time we find in every generation legal names which still survive in history, and which have been concerned with the making of history. The lists which have been compiled of distinguished members of the Inner and the Middle Temple are of great interest and importance. But even more important is the long, continuous history of the two societies. It has preserved for us such memorials of the Knights Templars as still survive. If the lawyers had never settled in the Temple, the Temple Church would probably have met with the fate which overtook the Church of St. Bartholomew the Great, and all that could now be done would be to restore a ruin. There have been times, no doubt, in its past history when the church has suffered from neglect and ignorance, but on the whole the lawyers have shown a large-minded appreciation of their responsibilities. The last restoration of the building in 1841, in spite of one or two mistakes, was wonderfully successful. It was one of the earliest and best examples of the "Gothic revival" which was just beginning to set in over England. We owe to it, among other things, two interesting works on the Knights Templars and on the Temple Church by C. G. Addison (died 1866), who was one of the first lawyers in modern times to study the history of the Temple in connection with the original documents. During the last few years a great advance has been made in this direction, mainly by the labours of lawyers. _The Calendar of the Inner Temple Records_, with its full and learned introductions by F. A. Inderwick, K.C., Master of the Bench (died 1904), is never likely to be superseded; and the same may be said of _The Middle Temple Records, with Index and Calendar_, edited by C. Hopwood, K.C. (died 1904), Master of the Bench of that society. To these must be added _A Catalogue of Notable Middle Templars_, by Mr. John Hutchinson, and a privately printed list of _Masters of the Bench of the Inner Temple_ from 1450 to 1883, with _Supplement_ to 1900. Judge Baylis, K.C., Master of the Bench of the Inner Temple, has given much valuable information in his well-known work on the Temple Church, which has gone through several editions. More recently, Mr. H. Bellot, of the Inner Temple, Barrister-at-Law, has aimed at recording the legal, literary, and historic associations of the Inner and Middle Temple, and in a Bibliography appended to his book gives some idea of the immense mass of material which has accumulated round the history of the Temple. May "the two Learned and Honourable Societies of this House"--as they are designated in the Bidding Prayer used every Sunday in the Temple Church--long continue to be the home, not merely of professional learning, but of general culture.
FOOTNOTES:
[73] The Outer, or "outward," Temple passed into private ownership at an early date.
[74] A Knight of the (whipping) Post was a cant name for a disreputable person, who would be willing to give false evidence.
HOLBORN AND THE INNS OF COURT AND CHANCERY
BY E. WILLIAMS
Just as Holland denotes the hollow land, so Holborn, or Holeburn, implies the hollow bourne--the bourne or river in the hollow. This once forcible little stream descended four hundred feet in a journey of six miles, taking its rise in Ken Wood, the beautifully timbered estate of the Earls of Mansfield at Highgate. After passing through several ponds, skirting the existing Millfield Lane, it crossed the foot of West Hill and continued its course through what is now known as the Brookfield Stud Farm, till, somewhat to the north of Prince of Wales' Road at Kentish Town, it encountered another stream of almost equal rapidity, the birthplace of which was in the Happy Valley at Hampstead. The united current then rolled on through Camden Town and St. Pancras towards Battle Bridge at King's Cross, from whence it flowed through Packington Street, under Rosebery Avenue, into Farringdon Street, creating steep banks on its flanks, which still remain the measure and evidence of its ancient energy; until, finally, it debouched into that tidal estuary from the Thames mediævally known as the Fleet. Holborn Viaduct, at a much higher altitude, now spans the hollow where once stood Holeburn Bridge, at the wharves on either side of which "boats with corn, wine, firewood, and other necessaries" would unload. But in 1598 John Stow knew of this burn only as Turnmill Brook. Now it no longer exists; the damming of its waters for the erection of mills in the Middle Ages, and its more recent absorption by the water companies, have led to its complete disappearance.
The Manor of Holeburn, which was bounded on the east by the southern part of the Farringdon Street portion of this stream, included both sides of Shoe Lane; but how far west or north it originally extended is not known. In the year 1300, Saffron Hill, Fetter (or Faytour) Lane, and Fleet Street were all outside its bounds. Shoe Lane was known as Sho Lane, at one end of which was a well, called Show Well, from which the neighbourhood drew its water.[75]
It was here that the Dominicans, or Black Friars, made their first settlement in 1222;[76] their monastery was in Shoe Lane, and in 1286, when they moved to the eastern side of the Fleet, by Baynard's Castle, Henry de Lacy, Earl of Lincoln, who was lord of the manor and a justiciar, bought their old houses and established the first Lincoln's Inn.[77] Two other inns of that name, one next to Staple Inn and one in Chancery Lane, came into existence later, as we shall see presently. Here the earl died in 1311, and he was buried in St. Paul's Cathedral. By his will, proved in the Court of Hustings at the Guildhall, he directed that the houses which he had acquired from the monks should be sold;[78] but the inheritance of the manor of Holeburn descended to his son-in-law, Thomas, Earl of Lancaster, the King's cousin and Steward of the kingdom. Legal business was certainly transacted at his Inn. The yearly accounts of the Earldom of Lancaster for that period show that at his house in Shoe Lane, from Michaelmas, 1314, to Michaelmas, 1315, the amount of £314 7s. 4½d. was spent for 1,714 lbs. of wax, with vermilion and turpentine to make red wax, and £4 8s. 3¼d. for one hundred and twenty-nine dozen of parchment, with ink.[79] He was beheaded in 1322, leaving no issue, and his widow, Alesia de Lacy, married secondly Ebulo Lestrange,[80] in whose family the manor remained until 1480, when it passed by marriage to the Stanleys, Earls of Derby.[81] In 1602 it was sold by the widow of Ferdinando, fifth earl, to Lord Buckhurst,[82] afterwards Earl of Dorset, under whose immediate successor it was broken up for building purposes.
The street of Holborn was at first simply the King's Street; afterwards it acquired the name of Holebourne-Bridge-strate. From Newgate to a little way west of St. Sepulchre's Church the high-road was known as "la Baillie"; from thence it bore the same name as the river, being carried over the bridge on to the ridge along which the Romans had built their military stone-way, known as Watling Street, out of which, in the year 1300, there turned two streets towards the south, namely, Scho Lane and Faitur Lane, and two towards the north, one called "le Vrunelane,"[83] afterwards Lyverounelane, then Lyver Lane, now Leather Lane, and the other called Portpool Lane, now Gray's Inn Road.
The justiciars, clerks in Chancery, and serjeants had frequent cause to protest against the manner in which the stream of Holeburn was being defiled. In the Parliament of Barons held in 1307, the Earl of Lincoln, whose Inn was in close proximity, complained that
"whereas formerly ten and twelve ships were wont to come to
Flete Bridge and some of them to Holeburn Bridge, now, by the
filth of the tanners and others, by the erection of wharfs,
especially by them of the New Temple for their mills without
Baynard's Castle, and by other impediments, the course was
decayed so that ships could not enter as they were wont."[84]
Later on, in 1371, a writ was issued by Edward III. to the mayor and sheriffs to the effect that
"Upon the open information as well of our Justiciars and our
Clerks in Chancery and our other Officers, as of other
reputable men now living in Fletestrete, Holebourne and
Smythfeld, we have heard that certain butchers of the said
city, giving no heed to our Ordinance, have slain large beasts
within the said city and have thrown the blood and entrails
thereof in divers places near Holbournebrigge and elsewhere in
the suburb aforesaid, from which abominations and stenches, and
the air affected thereby, sicknesses and very many other
maladies have befallen our Officers aforesaid and other persons
there dwelling to the no small damage of the same our Officers
and others," etc.[85]
Political exigencies had led these justiciars, clerks in Chancery, and "our other officers," to settle outside the city walls. London had been a free city in Saxon times, and William the Conqueror had allowed its privileges when, by issuing his famous charter, six inches by one of parchment, he granted its burghers to be all "law-worthy."[86] Successive monarchs had put their seal to further charters, renewing and enlarging previous concessions, so that none of the King's men, whether knight or clerk, might lodge within the city walls, nor might lodging be taken by force, and all pleas of the Crown were to be determined elsewhere. In 1191 the burghers obtained a "sworn Commune," after the pattern of that of Rouen, and it became a boast that "come what may, the Londoners shall have no King but their Mayor."[87]
Henry III., jealous of political control, constantly endeavoured, by irritating Ordinances, to cripple the powers previously conferred. On December 2nd, 1234, he issued a
"Mandate to the Mayor and Sheriffs of London that they cause
proclamation to be made through the whole city firmly
forbidding that any should set up schools in the said city for
teaching the laws there for the time to come; and that if any
shall there set up such schools they cause them to cease
without delay."
Whatever the reason of this mandate may have been, the result was that the Inns of the apprentices-at-law became fixed in the suburb.
At that date, namely, 1234, the principal officer of the Crown was Ralph Nevill, Bishop of Chichester, the King's Chancellor, who held land on both sides of New Street, afterwards known as Chancery Lane, and who had succeeded to the power and influence previously enjoyed by the justiciar, Hubert de Burgh. This once powerful minister, who had been Regent during Henry's minority, had himself held land in New Street. But upon his disgrace and dismissal in 1232 he was deprived of it, and it was granted
"to the House which the King has founded in the street called
Newstrate, between the Old Temple and the New Temple, for the
support of the brethren converted, and to be converted, from
Judaism to the Catholic faith, saving the garden which the King
has already granted to Ralph, Bishop of Chichester, his
Chancellor."[88]
This house became the Rolls Office, and in after times, when the Master of the Rolls became head of the Chancery clerks, the street became known as Chancery Lane.
The Old Temple was in Holborn, and the property extended from the north-eastern corner of Chancery Lane to Staple Inn, and possibly further. The Knights Templars sold it about the year 1160 to the Bishopric of Lincoln. Their round chapel, of which the round of the present Temple Church is a replica, still retained its chaplain in 1222, and its ruins were still existing in Queen Elizabeth's reign, quite close to Staple Inn. In 1547 the bishopric had to resign the property to John Dudley, Earl of Warwick, Great Chamberlain of England, afterwards Earl of Northumberland,[89] who conveyed it in 1549 to the Chancellor, Thomas Wriothesley, Earl of Southampton. The eastern part of the property was built upon in 1580 by William Roper, of Lincoln's Inn; and in 1638 the then Earl received licence to demolish his house to make way for eighty smaller houses and one tavern. The rotunda of the Birkbeck Bank occupies the site of what was once Northumberland Court, and Southampton Buildings now cover the grounds of Southampton House.
On the west side of Chancery Lane, or New Street, Ralph Nevill, the Bishop of Chichester, possessed a house which became part of the third and present Lincoln's Inn; but his garden was on the east side of Chancery Lane, and was bounded on the north by a ditch, known in 1262 as Chanceleresdich. This ditch separated his garden from certain property, occupied one hundred years later by serjeants and apprentices of the law, which may be conveniently designated the second Lincoln's Inn. It was situated to the east of Staple Inn, where now is Furnival Street.
Dugdale describes Henry de Lacy, Earl of Lincoln, as a person well affected to the study of the laws, who had gathered around him numbers of students. This statement is probably correct, for in 1292, only six years after the earl had bought the houses of the Black Friars, Edward I. urges the same course upon his Chief Justice of Common Pleas. He enjoins John Metyngham and his fellows, _et sociis suis_, to provide a certain number of every county of the better and more legally and liberally learned for the purpose of being trained to practise in the Courts.[90] If the Earl of Lincoln had already brought students to London, we may be fairly certain that many of them would have come from his lands in Lincolnshire and North Wales. The second Lincoln's Inn appears to have been much connected with the one, and Davy's Inn with the other.
In the year 1252, Adam de Basing, then Mayor of London, held a block of land, about 100 yards wide by 220 yards long, on the east side of Staple Inn, part of which was leased to Roger the Smith, and part to Geoffrey the Wheelwright. In 1269, Simon Faber, son and heir of Roger, granted a portion of it, lying next to Staple Inn, to Simon the Marshall, "being in breadth at the King's street on the north 12 ells of the iron ell of King Henry," and 48 ells long, "for the yearly rent, to Thomas, son of Adam de Basing, and his heirs, of 10s. sterling, and to Simon Faber and his heirs one rose at the feast of the nativity of St. John Baptist."[91] But Simon the Marshall accepted this grant only to make a feoffment of the property at once to Gilbert de Lincoln, known also as Gilbert de Haliwell and as Gilbert Proudphoet, a dealer in parchment, _parmentarius_, who held it for thirty-three years; his wife, after his death, holding it for another five. In 1307, William le Brewere and William atte Gate, executors of Gilbert de Lincoln, sold the property, with the buildings thereon, to John de Dodyngton, variously described as parmentarius and skinner, _pelliparius_, for the sum of one hundred shillings.[92] Within five years, in 1312, John de Dodyngton transferred it to Robert le Hende de Worcester, also parmentarius and pelliparius, who held it for twenty years; from whom it descended in the female line to James Gylot, who in 1369 enfeoffed of it Roger de Podyngton, and Joan his wife, "to hold to Roger and Joan, and the heirs and assigns of Roger, of the chief lords of that fee by the accustomed services for ever."[93] In the same year Roger and Joan "gave" it to Walter de Barton, citizen and cordwainer of London, to hold under the same conditions, in whose possession it remained for seventeen years, when he granted a feoffment of it to Robert de Cherlton, Chief Justice of Common Pleas, Richard the Mauncyple, John Sutton, John Aldurley, and John Parkere,[94] who in the same year transferred it to the Abbot of Malmesbury. By an Inquisition, _ad quod damnum_, held in May of that year, for the purpose of determining whether the gift might be legally made, it was stated that the property was held in burgage--_i.e._, town tenure--of the King, and there are no means between the King and the said Robert, etc.[95] The abbot allowed Walter de Barton and his successors to remain in occupation, the monastery receiving the rents.
Though for thirty-three years it had been held by Gilbert de Lincoln, this property did not form a part of what was called Lyncolnesynne. It was partly a brewery and partly a hostel, and remained such until the reign of Henry VIII.
The property east and south of this was, in the year 1262, held by Geoffrey the Wheelwright. That part of it lying east had been leased direct from Adam Basing; it extended from the King's Street to the "land of the Conversi," and was 12 ells in width at the north, 10 ells in width at the south, and 220 yards long. That part lying south had been granted to Geoffrey by Simon Faber; it contained
"in length from the ditch called _Chaunceleresdich_ towards the
Church of the Conversi on the south as far as Simon's own
curtilage on the north 31 perches of the perch of Henry III.,
whereof each perch contains 16½ feet,"
and in width 11 ells of the said King;
"to hold to Geoffrey, his heirs and assigns, of Adam Basing,
for 2s. 8d. rent paid in the name of Simon, his heirs and
assigns, and one rose at the nativity of S. John Baptist to
Simon and his heirs."[96]
Adam de Basing gave this property to his daughter, Avice, wife of William de Hadestok, Alderman of Tower Ward.[97] They had a daughter, Joan, who married Adam Bidic, the King's tailor and custodian of the assize of cloth,[98] who in 1291 granted it to William le Brewere and Alice his wife.[99] It was described as stretching from the King's Street on the north to the tenement of the Bishop of Chichester on the south;
"to hold to William and Alice, their heirs and assigns, for the
yearly rent of two marks and for suits of court and all other
services wont to be done by Geoffrey, _le Whelwriste_, in the
time of Adam Basing, formerly citizen of London."
The widow of William le Brewere, in 1315, granted the property to Robert le Hende de Worcester, who already held the brewery on the west.[100] In 1334 the executors of Robert sold the property (exclusive of the brewery) to Thomas de Lincoln of the Common Bench, the King's serjeant, who is described as son of Thomas de Lincoln.[101] Three years before, in 1331, Thomas de Lincoln had acquired from John de Totel de Lincoln other property to the east of this, and in 1332 a garden also, to the south-east, from Andrew Courtays, the Coupere. These three combined properties formed the inn which came to be known as "Lyncolnesynne." On the 11th January, 1348, Thomas Bedic, grandson of Adam de Bedic, granted all his rights of lordship in this property to Thomas de Lincoln, who thus became entire owner of it.
After holding it for thirty-two years, Thomas de Lincoln, on Sunday, 1st December, 1364, granted it to John Claymond, Justice for County Lincoln, Peter Turke, and Robert de Ditton, "to hold to them, their heirs and assigns, of the chief lords of that fee by the accustomed services."[102] These feoffees, two years afterwards, granted it to William de Worston, Justice of County Wilts., Thomas Coubrigge, William Camme, Vicar of Westport, Malmesbury, and Robert de Cherlton, Chief Justice of Common Pleas; and they, two years later still, in 1369, received letters patent of Edward III, granting them licence to assign it to the Abbot and Convent of Malmesbury,
"to hold to the Abbot and Convent and their successors _of the
King, the chief lord of that fee, by the services belonging to
those houses for ever_."[103]
To the east of this property of Lincoln's Inn there was, in 1295, "a tenement with buildings thereon, and a curtilage adjacent," belonging to the Knights Templars, which was then held by Simon le Webbe de Purtepol, Bailiff of the Commonalty of the Guild of Weavers. Upon his death it came into the possession of John Wymondeswolde, chaplain and pelliparius, who in 1328 granted it to Robert the Marshall, citizen and goldsmith of London
"to hold to Robert, his heirs and assigns, of the chief lords
of that fee, namely, the Prior of the Hospital of S. John of
Jerusalem in England and the Brethren of the Hospital, by
reason of the annulling of the Order of the Knights of the
Temple, by the service of ten shillings yearly."[104]
This rent was reduced in 1336 to 6s. 8d., because the tenement was ruinous, Robert the Marshall promising to rebuild it. Eventually, in the year 1361, it came into the hands of Gaillard Pete, or Pecche, and eighteen years afterwards he granted it to Robert de Cherlton, Chief Justice of the Common Bench, John atte Mulle, chaplain, Thomas de Worston, and William Camme, their heirs and assigns, "to hold of the chief lord of that fee for the accustomed services."[105] They demised it to the same Gaillard and Agnes his wife for their lives, with remainder to Roger, son of Gaillard, for his life. And eight years afterwards the Chief Justice and his fellow feoffees granted this property also to the Abbot of Malmesbury.[106] In the Inquisition _ad quod damnum_ already quoted, it is stated that "the messuage and garden are held of the King by Gailard Pete," which seems to imply that the Chief Justice and his fellows had been acting all along as trustees; and it is also stated that
"they are worth yearly according to their true value 13s. 4d.
and not more because they are charged yearly to the Master of
the Church of the New Temple within the Bar of London in 6s.
8d. quit rent."
The Abbot of Malmesbury had now become possessed of three properties in Holborn: the tenement of Walter Barton, next to Staple Inn, acquired in 1387; Lyncolnesynne, acquired in 1369; and the tenement of Gailard Pete, acquired, like that of Walter Barton, in 1387. In the reign of Henry VIII., at the dissolution of the monasteries, there was still at this spot a chapel, a hall, a kitchen, and a "great garden," where the monks had "liberty to walk" when they came to London; and the brewery also was still in existence.[107]
In 1399 a rental of the property of the Convent of Malmesbury was drawn up, in which the following items appear[108]:--
"De Firmario novi hospicii apud Londoniam vocati { VIII li.
{ pro missa
Lyncolnesynne ad iiii^{or} terminos solvendo per annum { Abbatis
De tenemento quondam Gaillardi Poet in Holbourne XX s
De tenemento quondam Walter Bartone Allutarii XIII s IIII d"
Written in a different hand, with different coloured ink, at the bottom margin of the page, and certainly of a later date, the following remarks have been added:--
"London Hospicium Armigeri jam magnum hospitium
quod est ruinosum reddit per annum XL s
Tenura Celda proxima annexa hospicio reddit per annum IX s
tenencium Secunda celda reddit per annum X s
infra silvam Tertia celda reddit per annum VIII s
magni hospicii Quarta celda que est ..."
[Here the page is cut away.]
The "Inn of the Esquire ... which is ruinous" of the marginal note is obviously the same as the "Lyncolnesynne" of the original entry, with the rent reduced from £8 to 40s. per annum. It is not possible to date this note, but it was probably made in the fifteenth century. In 1422 the Society of Lincoln's Inn took what is believed to be their first lease of the Bishop of Chichester property on the west side of Chancery Lane; but the society existed before that date, as in the Corporation letter books Thomas Broun is described as Maunciple of Lincoln's Inn, under date of 1417. In 1466 the society was paying 9s. yearly to the prior of St. Giles' Hospital for Lepers for another part of its property; and no other rents, apparently, were being paid for any other part on the west side of Chancery Lane. But in the _Black Books_ of that Inn (vol. i., p. 8), under a date only sixteen years later than that of their lease of the Bishop's Inn, the following entry occurs:--
"In the vigil of the Apostles Peter and Paul 16 Henry VI.
(1438) John Row delivered to John Fortescue and others in the
name of the Society to be paid to ... Halssewylle _for the farm
of Lyncollysyn_ in arrear for the 15th year (Henry VI.) in the
time of Bartholomew Bolney then Pensioner in full payment 40s.
out of money received by him."
The yearly rent for the farm of Lyncollysyn is the same, therefore, as was paid for the ruinous "Hospicium Armigeri"; and in the fourteenth century, as Foss has pointed out, the term "esquire" was often used as a synonym for "serjeant." The _Black Books_ also show that in 1457 a payment was made by the society to the gardener of Staple Inn, from which Inn access could be easily obtained to the "great garden" in which the "Hospicium Armigeri" was situated. It would seem not improbable, therefore, that the second and third Lincoln's Inns may, in the year 1438, have been coexistent and under the same rule. But there is at present no evidence that this same society was connected with the Inn in Shoe Lane, which 130 years earlier had belonged to Henry de Lacy.
John Fortescue, who received the 40s. for payment to Halssewyll, became serjeant in 1441 and Chief Justice of the King's Bench in 1442. In 1465 he wrote his famous work, _De Laudibus Legum Angliæ_, in which he says:
"The laws are taught in a certain place of public study nigh to
the King's Courts.... There are ten lesser houses or Inns (and
sometimes more) which are called houses of Chancery, and to
every one of them belongeth 100 students at least, who, as they
grow to ripeness, are admitted into the greater Inns, called
Inns of Court, of which there are four in number, and to the
least of which belongeth 200 students or more."
It is clear, then, that the difference between the Inns of Court and Inns of Chancery was recognised in 1465, and it is also certain that one of those four Inns of Court was that to which he himself had belonged, namely, Lincoln's Inn. The others were undoubtedly Gray's Inn and the Inner and Middle Temples. We have seen that in 1387 Lincoln's Inn in Holborn was held directly of the King; we shall find that the other Inns of Court came to be similarly held.
In the year 1294, Reginald de Grey, a member of one of the leading administrative and legal families, was Justiciar of Chester. He received in that year from the Dean and Chapter of St. Paul's a feoffment of the manor of Portpool, which they had received in mortmain from Richard de Chyggewell, alderman and mercer of London. It is doubtful whether Reginald de Grey lived here; it is more likely that he acquired the property for the training of his clerks, having found himself under much the same necessity as his contemporaries, Sir John de Metyngham and the Earl of Lincoln. In 1296 he was in association with Prince Edward, as one of the Regency, during the expedition of Edward I. to Flanders. In 1307 he died, when an inquisition was taken, at which the jurors reported that Reginald le Grey was seized at Purtepol of a certain messuage with gardens and one dove house worth 10s. a year, 30 acres of arable land worth 20s. a year, price 8d. the acre, and a certain windmill worth 20s. all held of the Dean and Chapter of St. Paul's.[109]
In 1316 his successor, Sir John de Grey, created a rent-charge on the property in favour of the prior and convent of St. Bartholomew, in Smithfield, to provide a chaplain to perform daily service in the chapel of the manor; and at an inquisition held in that year, at the Stone Cross in the parish of the Blessed Mary at the Strand, to know whether it would be to the King's damage if he granted the necessary permission, the jurors reported that the property was
"holden of Robert de Chiggewelle by the service of rendering to
the same Robert one rose yearly, and the same Robert holds the
tenements, together with others, of the Dean and Chapter of St.
Paul's, and the said Dean and Chapter hold the same of the king
in pure and perpetual alms."[110]
The grandson of Sir John de Grey, another Reginald, died in 1370, and was succeeded by Henry de Grey, under whom the first feoffment-in-trust of this property that we know of took place. For when he died in 1397 it was found by inquisition that Henry, Lord Grey de Wilton, held no land in Middlesex, because by deed he had enfeoffed Roger Harecourt, Justice for Co. Derby; John de Broughton, Escheator for the counties of Bucks and Beds; William Danbury; John Boner, rector of the Church of Shirland (one of the manors of the De Greys), and others, of his manor of Portpoole, called Gray's Inn.[111] This was probably in 1371. Similar feoffments-in-trust were made by successive Lords de Grey until 1506, when Edmund, Lord de Grey of Wilton, sold the manor to Hugh Denys, verger of Windsor Castle, and others, the said Hugh's feoffees.[112]
Hugh Denys died in 1511, and by his will he desired that all such persons as had been feoffed of his manor of "Greysynte" should be seized of it to the use of his heirs, "until such time as the Prior and Convent of the Charterhouse at Shene, in the county of Surrey, have obtained of the king's grace sufficient licence for the amortisement" of the manor to them.[113] And five years later the necessary authority was granted, the manor being described as having escheated to the King, "by the death of Robert de Chiggewell without an heir," to be held to the annual value of £6 13s. 4d.
At the dissolution of the monasteries the Benchers of Gray's Inn had to pay this amount to the Crown, instead of to the Charterhouse at Shene. Charles II. sold the rent to Sir Philip Matthews, and in 1733 the Benchers purchased it from parties deriving title from his co-heirs.[114] The hall of Gray's Inn dates from 1560; the chapel is of unknown, but of ancient date.
The New Temple was in occupation by the Knights Templars before 1186. They were bankers for the King, who sometimes lodged there. Their chapel was the muniment house of the rolls of chancery; there the treasure and regalia were stored; and there Parliaments and Courts, both criminal and civil, were held. Naturally, they needed their own _fratres servientes_, who were provided with food "at the clerks' tables," and yearly robes at Christmas "of the suit of the free servants of the house."[115]
The chief lord was the Earl of Lancaster. But when the Knighthood was suppressed, in 1308, their clerks were pensioned, and Edward II. granted the property to Aymer de Valence, Earl of Pembroke, he receiving the issues, but holding the manor of the lord, to whom, however, he made a "quit claim" in October, 1314, the Pope having granted the possessions of the Templars to the Knights of St. John. Upon the execution and attainder of Thomas, Earl of Lancaster, in 1322, the King gave the lordship to Hugh le Despencer, who also obtained from the Prior of St. John's a feoffment of the houses and appurtenances,[116] and on the attainder of Hugh le Despencer, in 1327, the lordship and also the ferm came into the hands of Edward III., who put William de Langeford, clerk of the Prior and "chief servitor of the King's religion," in charge as "fermor" at £24 yearly. He repaired the old houses for the King's clerks to occupy;[117] and for some years following litigants coming into chancery would take their oaths in the Temple Church; though sometimes at this period they would attend in the church of St. Andrew in Holborn, Thomas de Cotyngham, one of the Chancery clerks, then being rector there. It was William de Langeford who, in 1335, took a lease from the mayor and commonalty of "a piece of land" without Newgate "for making a hall and three fit chambers at his own expense, for the sessions of the Justices appointed to deliver Newgate Gaol."[118] This early Sessions House is described as being in the King's high street, on the way towards Holebourne. It would have stood at the north-west corner of the present Newgate Street.
The Temple contained an inner consecrated area, which was occupied by the Knights, and some houses adjacent on the west owned by them, but not improbably occupied by students of the law. It appears that when the manor was handed over to the Knights of St. John the King retained part of it, which, however, in 1338, he allowed them to purchase for £100, and from that date we read no more of the chancery being held in the Temple Church. In gratitude to William de Langeford, whose services had secured to the Order the restitution of their property, the prior granted him a lease of "all their messuages and places of the sometime Temple lying from the lane called Chauncellereslane to the Templebarre without the gates of the New Temple." This lease was dated June 11th, 1339,[119] and the lawyers have held the property ever since.
The consecrated and secular areas may, perhaps, be the origin of the division of the property into two Inns of Court; for the lease of 1339 obviously refers only to what is now known as the Middle Temple.
There is a tradition that the students of the Inner Temple came from Davy's Inn, which could hardly have existed at that time under that name, but it may be noted that in the records of that Inn it is stated, under date of 1525, that "Master Barnardston is pardoned the office of Steward because he executed the office of Principal of Davy's Inn at the instance of this Society,"[120] thus showing that this Inn of Court had the right in that year of supplying one of its own members to that office.
In 1521 the Prior of St. John's made complaint that the Society of the Inner Temple was occupying his lands against his will; but at the dissolution of the religious houses in 1541, the rentals became due to the Crown; and James I., in his sixth year, granted the property to the Benchers of the Middle and Inner Temples in perpetuity for a fixed rental of £20,[121] their several moieties of which Charles II. allowed them to purchase in 1673 and 1675 respectively.[122]
The "round" of the church was completed in 1185, the choir in 1240, and the whole building was "restored" in 1842 at a cost of £70,000. The hall of the Middle Temple was built in 1572, that of the Inner Temple in 1870.
The property on the west side of New Street, or Chancery Lane, had been granted to, or acquired by, the Knights Templars. Henry III.'s Chancellor, Ralph Nevill, Bishop of Chichester, died at his house there in 1244, and the King arbitrarily authorised his Treasurer, William de Haverhill, to secure the property upon the Chancellor's death, so that neither the Templars nor any other person should lay hands on it.[123] To the north of it was a garden once held by William Cottrell, which he had given to the Knights of St. John, who in turn had given it to St. Giles' Hospital for Lepers.[124] In the year 1310, when Henry de Lacy, Earl of Lincoln, died, another Bishop of Chichester, John de Langton, was Chancellor, and was occupying the Inn of the see, whilst the hospital of St. Giles was still receiving rent for Cottrell's garden. No Black Friars house, therefore, ever existed here, nor did Henry de Lacy die here; and all traditions to the contrary can be disproved.
In 1422 the Society of Lincoln's Inn, coming probably from Holborn, took a lease of the Bishop of Chichester's property, and afterwards a lease of Cottrell's garden. In 1537 Bishop Sampson sold the house and land belonging to the see to William and Eustace Sulyard, members of the Inn, from whom it descended to Edward Sulyard, who sold it in 1579 to the society. Subscriptions for this purchase were received by the Benchers, as is evident from the will of Sir Roger Cholmeley, dated 1565, who gave to certain trustees a house in Newgate Market "to hold to them and their heirs for ever towards the purchase of Lincoln's Inn and in the mean season towards the repairs of the same."[125] The hall of this Inn was pulled down and rebuilt in 1489; but since then, in 1845, a new hall, Gothic in character, and of great dignity and beauty, has been erected. The chapel, by Inigo Jones, dates from 1621, and the fine old gateway from 1518.
The Inns of Chancery were at first independent of the four Inns of Court, but, inasmuch as serjeants were chosen only from the latter, it became the custom for students in the lesser Inns, when "they came to ripeness," as Fortescue puts it, to enter one of the higher Inns if they desired advancement. Gradually each Inn of Court took special interest in certain of the lesser Inns, by sending to them Readers and by other marks of patronage, until an impression came to exist, which was much strengthened by various Orders in Council, that a certain governorship of one over the other was a normal, legal, and time-honoured institution. And in a few instances the Inns of Court put the coping stone to this theory by purchasing the property of those lesser Inns, of which they were the patrons. Thus Lincoln's Inn bought Furnival's on December 16th, 1547, having previously held a lease of it, and Davy's on November 24th, 1548; and the Inner Temple bought Lyon's Inn in 1581, which they sold in 1863, the Globe Theatre being built upon its site.
It is doubtful whether Furnival's Inn was ever occupied by the Lords Furnival. In 1331 the property belonged to Roger atte Bowe, a wool-stapler, who died in that year, leaving his tenements in Holbourne and a garden in Lyverounelane to his children. How or when it came into the hands of the De Furnivals is not known; but in 1383 an inquisition _post mortem_ was taken by the Mayor, at which the jurors recorded that
"William Furnyvall, knight, did not die seised of any lands or
tenements in the city of London nor in the suburbs thereof. But
that in his life time he was seised of two shops and 13
messuages with appurtenances in the street called Holbourne in
the suburb of London situated between a tenement of Jordain de
Barton on the east (_he was a Chauff-cier, i.e., an officer of
Chancery who prepared the wax for the sealing of writs to be
issued_) and a tenement of John Tonyngton on the west and which
formerly belonged to Roger atte Bogh. And William de Furnyvale
enfeoffed William Savage, parson of the church of Handsworth
and John Redesere, chaplain, of the aforesaid messuages and
shops to hold to them, their heirs and assigns for ever and
they are still thereof seised. And the messuages and shops are
worth 100s. and are held in free burgage of the king by the
service of 11s. 4d. for all services. William Furnyvall died
12th April last past. Joan his daughter, wife of Thomas Nevill,
is his nearest heir, aged 14 years and 6 months."[126]
William de Furnival had succeeded his brother in 1364. Six years before he died--namely, in 1377--he was reported to be feeble and infirm, and it seems most probable from the above inquisition that his Inn was occupied by clerks. Maude, the heiress of Thomas de Neville, married John Talbot, Lord Strange of Blackmere, who was summoned to Parliament as Lord Furnival in 1442, and created Earl of Shrewsbury in 1446. His son, John Talbot, second Earl, was also Treasurer of England. The fifth Earl, Francis Talbot, sold the property in 1547, then in a ruinous condition, to the Society of Lincoln's Inn,[127] who, after holding it for nearly 340 years, sold it to the Prudential Assurance Company, in 1888, who demolished it for their present offices. John Staynford was principal of the Inn in 1425, and John Courtenay in 1450. It was sometimes called an Inn of Court,[128] and had its own chapel, which, however, was in St. Andrew's Church.[129] A coloured drawing of its quaint little Hall, built in 1588, is in the Guildhall Library.
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Memorials of Old London. Volume 1 (of 2)Chapter VI: Part 6
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