Skip to main content

Full text of "A brief history of the Middle Temple"

See other formats


1 



THE 

MIDDLE, 

TEMPI 



J. i-< 



G'E-A-BEDWEtl, 



Digitized by the Internet Archive 

in 2007 with funding from 

IVIicrosoft Corporation 



http://www.archive.org/details/briefhistoryofmiOObedwuoft 



A BEIEF HISTORY OF THE 
MIDDLE TEMPLE 



feA\' 



fe-^^^b 



A BEIEF HISTOEY 

OF THE 

MIDDLE TEMPLE 



BY 

C. E. A. BEDWELL 

LIBRARIAN TO THE HON. SOCIETY OF THE 
MIDDLE TEMPLE 



LONDON : 

BUTTBEWORTH & CO., 11 & 12, Bell Yard, Temple Bar. 
ILaw ipublisbers. 

1909. 




PRtNTKD BY 

WILLIAM CLOWES AND SONS, LIMITED, 

LONDON AND BECCLES. 



PREFACE 

This little book is published in response 
to a suggestion to reprint an article from 
the Quarterly Review of October, 1908. 
To it has been added matter which has 
already appeared in the columns of the 
Law Magazine and Review and the Green 
Bag, with some additional notes. The 
result does not pretend to be a syste- 
matic history of the Inn. Even if the 
writer were able to undertake a work of 
that scope, the time is not opportune for 
its publication, since Mr. A. R. Ingpen, 
K.C., is engaged upon the preparation of a 
new edition of the MS. known as '^ Master 
Worsley's Book," giving an account of 
the Constitution, Customs and Usage 



vi PREFACE 

of the Honourable Society. But it is 
thought that some of the more important 
facts concerning the Inn and its mem- 
bers may be acceptable to those who are 
about to become members, or who have 
recently done so, and visitors who are 
charmed by the historical associations 
and beauty of the venerable foundation. 

An attempt has been made to secure 
accuracy by reference to original autho- 
rities, but the writer will be grateful to 
any one who directs his attention to 
mistakes or doubtful points, in case it 
should become desirable to reprint the 
whole or some portion at any time. 

It is with much pleasure that I express 
my thanks to my late chief, Mr. John 
Hutchinson, for having kindly read and 
approved the proofs of these pages. 

C. E. A. B. 



CONTENTS 

PAGE 

I. The Origin of the Inns of Court . 1 

II. The Two Temples . . . .12 
III. America and the Middle Temple . 33 

IV. The Restoration and after . . 51 
V. The Middle Temple in the 

Eighteenth Century ... 67 

VI. The Middle Temple Library . . 79 
VII. Some Distinguished Members of the 

Middle Temple . . . .100 

Index 126 



THE 

MIDDLE TEMPLE 



THE ORIGIN OF THE INNS 
OF COURT.* 

The essential functions of a true univer- 
sity, as defined by Dr. Kashdall, " are to 
make possible the life of study, whether 
for a few years or during a whole career, 
and to bring together during that period, 
face to face in living intercourse, teacher 
and teacher, teacher and student, student 
and student." f In their origin the 
universities were scholastic guilds either 
of masters or students. The masters 
formed a voluntary association, enacting 

* In connection with the subject of this chapter reference 
may be made to Mr. Hutchinson's " Inquiry into the Origin 
and Early History of the Inn," in the first volume of the 
Middle Temple Records. 

t " Universities in the Middle Ages," vol. ii. p. 714. 

M.T. B 



2 THE MIDDLE TEMPLE 

rules for admission to membership, which 
was accompanied by feasting and the 
giving of presents. The social side of 
their organisation was as prominent 
among the masters and scholars as in 
the guilds of tradesmen and apprentices. 
The new doctor was required to give a 
feast upon the attainment of his degree, 
while even more magnificent entertain- 
ments were provided sometimes, such as 
tilts and tournaments. 

From the beginning the Inns of Court 
possessed, and they still retain, the main 
features of the life of the university, 
based upon the procedure of the medieval 
guild. As they were guilds of masters, 
the natural inference is that the Serjeants, 
the doctors of the law, were the founders ; 
but the available evidence is to the con- 
trary. The earliest records of the rela- 
tions between the two bodies show that 
the Serjeant, upon attaining his degree, 
entirely severed his connexion with the 
Inn. If the Serjeant were afterwards 



GUILDS OF MASTERS 3 

chosen to be a judge, he might then have 
the opportunity, with his brethren, to 
exercise the domestic jurisdiction which 
they possessed as visitors, and which 
survives in the appeal to the judges 
from a refusal of the benchers to call a 
student to the Bar. No affinity can be 
traced between the masters (who formed 
the governing body of the Inns) and the 
Serjeants. The masters possessed the 
monopoly of granting the degree — the call 
to the Bar; but there is no evidence to 
show when and from whom they derived 
it, though it may be assumed that the 
judges were the original source of the 
authority. "It is probable, if reliance 
may be placed on the analogous practice 
at the Bar at Paris, the Master testified 
to the attainments of his pupils being 
such as to entitle them to be admitted 
to audience at the Bar of the Court." * 

* Introduction to " Black Books of Lincoln's Inn," vol. i. 
p. xxxix. In some of the forms of procedure in Lincoln's Inn 
Mr. Douglas Walker traces indebtedness to the University 
of Paris. 



4 THE MIDDLE TEMPLE 

It was to the justices that Edward I.* 
committed the duty of maintaining 
the supply of professional advocates, 
which was required upon the final dis- 
appearance of cleri causidici from West- 
minster Hall, ahout the middle of the 
thirteenth century. So soon as the 
students came together in any number 
to learn from the masters, the necessity 
would be felt for an inn or hostel of 
residence. 

The earliest mention of a hostel con- 
taining apprentices of the law — the term 
does not mean students f — occurs in the 
Year Books in 1348. From about the 
same period may be dated the beginning 
of the four Inns of Court, which are 
almost coincident in antiquity, similar 

* "Rolls of Parliament," vol. i. p. 84; and see Holds- 
worth's "History of English Law," vol. ii. p. 265. 

t It has been suggested that the word denotes a rank in 
the profession above even that of Reader. Plowden, who 
was Double Reader at the Middle Temple, is described on 
the title-page of his Reports as an apprentice of the common 
law. See article by Mr. J. R. V. Marchant in Law Quarterly 
Review, vol. xxi. p. 353. 



LAWYERS' HOSPITIA 5 

in constitution, and identical in purpose. 
The number four suggests a grouping 
such as that found in the early histories 
of Paris, Oxford, and other universities 
known as the four nations. The migra- 
tory habits of the medieval scholar are 
frequently apparent in the early history 
of academic institutions, so that there 
is no need to endeavour to trace the 
steps by which the apprentices of the 
law first reached their present abiding 
places, which were in use previously as 
hospitia. The earliest direct piece of 
evidence of apprentices of the law dwell- 
ing in the Temple occurs in Walsing- 
ham's account of Wat Tyler's rebellion 
in 1381. The Knights Hospitallers, or 
Knights of St. John of Jerusalem, let 
the property to the lawyers, merely re- 
serving the church, with its two chapels 
of St. Nicholas and St. John, the adjoin- 
ing chapel of St. Ann, and such tene- 
ments as they required for their own use. 
From the end of the fourteenth century 



6 THE MIDDLE TEMPLE 

may be dated Chaucer's description, in the 
Prologue to the *' Canterbury Tales," of 

" A gentle maunciple was ther of a temple . . . 
Of maistres hadde he mo than thryes ten, 
That were of lawe expert and curious ; 
Of which ther were a doseyn in that hous, 
Worthy to ben stiwardes of rente and lond 
Of any lord that is in Engelond." 

Commentators upon this passage have 
laid stress upon the mention of the 
Temple — though Professor Skeat regards 
it merely as an allusion to an inn of court 
— and have made no note of the thirty 
governing masters suggesting an organi- 
sation in the nature of a guild. 

Dugdale, in his " Origines Juridiciales," 
tells us that, notwithstanding the spoil 
by the rebels under Wat Tyler, the 
number of students so increased ''that 
at length they divided themselves in two 
bodies, the one commonly known by the 
Society of the Inner Temple and the 
other of the Middle Temple.'' Thus 
the university in the Temple took part 



THE TWO TEMPLES 7 

in the general movement which led Dr. 
Eashdall to describe the fifteenth century 
as '* the era of ' University Buildings. ' " 
"About the year 1440," he writes, 
"the universities all over Europe were 
endeavouring to provide themselves with 
buildings of their own.''* The earliest 
reference which has been found to one 
Inn apart from the others is in a will in 
Somerset House dated 1404, in which a 
bequest is made to " Koberto mancipio 
medii Templi,"f and in the year 1440 
the Inner Temple is mentioned for the 
first time.t In 1442 the "Black Books 
of Lincoln's Inn" record a "drinking" 
with the members of the Middle Temple, 
and in 1451 the " Mydill Inne " and the 
" Inner Inne " are both mentioned in the 
" Paston Letters." We are thus enabled 
to see the corporate forms of the two 

* " Universities in the Middle Ages," vol. ii. p. 463. 

t The credit for this discovery is due to Mr. W. L. 
Bolland, who published it in the Law Quarterly Beview, 
vol. xxiv. p. 402. 

X " Paston Letters " (1895), vol. i. p. 41. 



8 THE MIDDLE TEMPLE 

societies slowly emerging from the mists 
of the past. Neither can claim seniority 
to the other. The one body underwent 
the normal development and grew into 
two, possessing absolutely equal rights 
in the church and contiguous property, 
which have been maintained down to the 
present time. The process of gestation 
is described in a MS. among the Inner 
Temple Kecords, which states that during 
the reign of Henry VI. the lawyers 

"were multiplied and grown into soe great a 
bulke as could not conveniently be regulated 
into one Society, nor, indeed, was the old hall 
capable of containing so great a number, where- 
upon they were forced to divide themselves. A 
new hall was then erected, which is now the 
Junior Temple Hall, whereunto divers of those 
who before took their repast and diet in the old 
hall resorted, and in process of time became a 
distinct and divided Society." * 

One of the most conclusive pieces of 
evidence of the complete equality of the 
two houses is afforded by the dispute 

* " Inner Temple Records," vol. i. p. xviii. 



EQUALITY OF THE INNS 9 

which arose in 1620 as to the administra- 
tion of the Holy Commnnion by the 
Master of the Temple to the Benchers. 
It was contended that he showed a pre- 
ference to the Inner Temple. After 
some discussion the matter was referred 
to a committee representative of Benchers 
of both Inns. They came to the con- 
clusion, unanimously supported by the 
members of the two societies, that there 
was no difference in the matter of anti- 
quity — **both the Temples being one 
congregation of gentlemen, between 
whom there never was any precedence in 
anything." * A method of alternative 
administration was adopted to show an 
equal consideration to both Houses. 

Sir John Fortescue, whose treatise 
"De Laudibus Legum Anglias " was 
written about the year 1470, makes no 
allusion to the origin of the Inns, but 
gives an interesting account of their 

♦ "Middle Temple Records — Minutes of Parliament," 
vol. ii. p. 648. 



lo THE MIDDLE TEMPLE 

condition in his day. There were ten 
lesser Inns, called Inns of Chancery, 

" in each of which there are a hundred students 
at the least ; and, in some of them, a far greater 
number, though not constantly residing. The 
students are, for the most part, young men. 
. . . After they have made some progress here, 
and are more advanced in years, they are 
admitted into the Inns of Court, properly so- 
called. Of these there are four in number. In 
that which is the least frequented, there are 
about two hundred students.* . . . The students 
are sons to persons of quality; those of an 
inferior rank not being able to bear the expenses 
of maintaining and educating their children in 
this way." 

The curriculum contained various sub- 
jects of general education, so that the 
Inn of Court did not differ much from 
the medieval continental university, in 
which law was the leading faculty. There 
was the same system of discipline, of 
celibate life, of a common hall, of resi- 

* It has been suggested that this number is much ex- 
aggerated. Compare the statistics of more than a century 
later on p. 15, and see Herbert's " Inns of Court," p. 171. 



INNS OF CHANCERY ii 

denoe in community, and of compulsory 
attendance at the services of the Church. 
The educational requirements were 
steadily raised during the sixteenth cen- 
tury. It is difficult to define the status 
of the Inns of Chancery in their earliest 
days, but by the time of Fortesoue the 
relationship of each one to the Inn of 
Court to which it was attached ap- 
proached to that of a college to its 
university. The Inn of Court appointed 
Eeaders for its Inns of Chancery, settled 
the precedence of the principals, admitted 
their members at a reduced fee, and 
entertained their ancients at grand feasts 
and festivals. Each Inn of Chancery had 
its own hall for meetings, moots, readings, 
and festivity. The Inns of Chancery 
seem to have fallen into decadence dur- 
ing the reign of James I., and gradually 
diminished in importance, until the pro- 
ceedings in 1900, before the Court of 
Chancery, in regard to the sale of Clifford's 
Inn, marked their final disappearance. 



II 



ORGANISATION AND GROWTH 
OF THE TWO TEMPLES 

The records of Lincoln's Inn are in 
existence for nearly one hundred years 
before the volumes remaining in the 
custody of either the Middle Temple or 
the Inner Temple. The former date 
from 1501 and the latter from 1505. It 
has been supposed that the earlier records 
were kept in some common repository, 
where they suffered destruction ; but an 
entry on the first page of the " Middle 
Temple Eecords " suggests that the books 
of the society were in the care of the 
Treasurer. The more probable assump- 
tion would seem to be that at this period 
the organisation of the two Societies was 
so far solidified as to afford material for 



BARRISTERS' ROLL 13 

a ** Liber Constitutionis " for the infor- 
mation of the chief governor, but that 
the proceedings of the administrative 
assembly, known as the Parliament, had 
not yet attained sufficient importance to 
necessitate the preservation of a con- 
tinuous record in the custody of the Inn. 
A description of the Inns, written for 
the information of Henry VIII. by Sir 
Nicholas Bacon and his two friends, 
Thomas Denton and Eobert Gary, states 
that a Parliament was summoned " every 
quarter, one or more if need shall require, 
... for the good ordering of the house 
and the reformation of such things as 
seeme meet to be reformed.'^ * 

To the year 1563 has been traced the 
origin of the Barristers' Eoll,t which is 
an authoritative record of the members 
of the Inns of Court who are entitled to 
practise in the Courts. By a statute of 
that year " all manner of person or 

* Waterhous, " Fortescutus Illustratus, p. 646. 
t Mr. W. C. Bolland, Law Quarterly Review, vol. xxiii. 
p. 439. 



14 THE MIDDLE TEMPLE 

persons that have taken or hereafter shall 
take any degree of learning in or at the 
common lawes of this realm, as well 
utter Barristers as Benchers, Headers, 
ancientes of any house or houses of 
Court," were required to take the Oath 
of Supremacy. Various modifications 
were made in this rule, both by statute 
and the orders of the Benchers, until, by 
another Act in 1688, the oath itself was 
changed, and all oaths were required to 
be taken in open court either of the 
King's Bench or quarter sessions. At 
the same time the names were enrolled, 
and the lists are preserved in the Public 
Eecord Office. By the Promissory Oaths 
Act, 1868, barristers were no longer re- 
quired to take the oath; but Cockburn, 
C.J., considered it to be highly desirable 
that a roll of barristers should still be 
preserved in the Crown Office. The 
signing of the roll is one of the incidents 
after call to the Bar. 
In 1574, according to a return preserved 



SIZE OF THE INNS 15 

in the Public Eecord Office,* Gray's Inn 
had the largest number of members, and 
perhaps on that account took a lead 
among the Inns.f There were in the 
Inner Temple 15 benchers, 23 utter 
barristers, and 151 other gentlemen. 
The total number of Middle Templars 
was one more, comprising 11 benchers, 
40 utter barristers, and 139 other gentle- 
men. The Inner Temple had 100, and 
the Middle Temple 92 chambers. To 
the latter may be added the chambers, 
not exceeding ten in number, into which 
the old hall was converted by a special 
exception in the orders of the Privy 
Council against the erection of new 
buildings. Eeference may here be made 
to the building in front of the Middle 
Temple Hall, which was pulled down 
during the spring of 1908. The claim 
has been put forward that it was the 
oldest building in the Temple, and was 

* Printed in the " Inner Temple Records," vol. i. p. 468. 
t See " Black Books of Lincoln's Inn," vol. i. pp. 222, 251. 



i6 THE MIDDLE TEMPLE 

built in the reign of Queen Elizabeth. 
To it Spenser is supposed to have alluded 
in the lines — 

" those bricky towres 
The which on Themmes brode aged backe doe 

ryde, 
Where now the studious lawyers have their 

bowers 
Where whylome wont the Templer Knights to 

byde." 

There is nothing in the passage to suggest 
Brick Court in preference to any other 
brick building in the Temple; and the 
structure removed was certainly not the 
oldest portion of the Court, as there were 
earlier chambers on the west side, facing 
Middle Temple Lane, the chief dividing 
line between the properties of the two 
Inns. The lane is not now of the same 
importance as when a right of way for 
the citizens of London lay through the 
Temple, in order that they might take 
boat to Westminster from the Temple 
Stairs. 



MIDDLE TEMPLE HALL 17 

During the last quarter of the sixteenth 
century the Middle Temple Hall was 
erected and still remains one of the finest 
specimens of Elizabethan architecture. 
By day the light is diffused through the 
stained-glass windows containing the 
coats-of-arms of distinguished members, 
and at night the electric lamps illumine 
the hammer-beam roof and the fine oak 
screen, which is a magnificent piece of 
Eenaissance work. Upon the panelling 
around the walls are the arms of the 
Headers, and above the Benchers' Table 
hang full-length portraits of the first 
two Georges, of Elizabeth, of Anne, of 
William III., of Charles I., of Charles IL, 
and of his brother, James, Duke of York. 
The extension of the buildings necessi- 
tated by the growth of the two societies 
naturally suggested to the Benchers that 
they should be sure of their title to the 
property, upon which had been spent 
large sums of money. Accordingly, 
application was made to King James, 
M.T. 



i8 THE MIDDLE TEMPLE 

whose grant confirmed it to them in per- 
petuity for an annual payment by each 
society of £10 per annum. 

The patent, dated August 13, 1608, 
is the only formal document concerning 
the relation between the Crown and the 
Inns, wherein they are stated to have 
been — according to the translation made 
for the use of the Eoyal Commission of 
the Inns of Court and Chancery in 
1854— 

" For a long time dedicated to the use of the 
students and professors of the law, to which, as 
to the best seminaries of learning and education, 
very many young men, eminent for rank of 
family and their endowments of mind and body, 
have daily resorted from all parts of this realm, 
and from which many men in our own times, as 
well as in the times of our progenitors, have by 
reason of their very great merits been advanced 
to discharge the public and arduous functions 
as well of the State as of justice, in which they 
have exhibited great examples of prudence and 
integrity, to the no small honour of the said 
Profession and adornment of this realm and 
good of the whole commonwealth." 



PATENT OF JAMES I 19 

The payment by the Inns was commuted 
in 1676 for the sum of JCSO and a life 
interest to Charles II. 's queen. As an 
acknowledgment of the King's goodwill, 
the two Inns presented to him a gold 
cup of the present value of about £3500. 
It was pawned by Charles I. among other 
plate and jewels to an Amsterdam mer- 
chant, and does not appear to have been 
redeemed, nor is it known to exist in any 
collection in Holland. The patent is 
preserved in the church in a chest under 
the Communion table. 

Of the condition of the Inns of Court 
at this period there remains a contem- 
porary record of the highest authority. 
Sir Edward Coke* describes the course 
for the young student coming from a 
university to one of the eight Inns of 
Chancery and thence to an Inn of Court. 

"Each of the Houses of Court consists of 
Readers above twenty ; of Utter Barristers 
above thrice so many; of young gentlemen 

* Proeme to Third Report, pp. xxxv., xxxviL 



20 THE MIDDLE TEMPLE 

about the number of eight or nine score, who 
there spend their time in study of law, and in 
commendable exercises fit for gentlemen." The 
Utter Barristers were chosen from the moot- 
men after eight years' study or thereabouts. 
" Of Utter Barristers, after they have been of 
that degree twelve years at least, are chosen 
Benchers, or Ancients ; of which one, that is 
of the puisne sort, reads yearly in summer 
vacation and is called a single Keader ; and 
one of the Ancients that had formerly read, 
reads in Lent vacation, and is called a double 
Reader; and commonly it is between his first 
and second reading, about nine or ten years. . . . 
Of these Readers are Serjeants elected by the 
King. ... Of Serjeants are by the King also 
constituted the honourable and reverend 
judges." 

The Benchers made orders for the good 
government of the Inn and punished 
offenders either by fine, by forfeiture of 
their chambers, by putting out of com- 
mons, or, in extreme cases, by expulsion 
from the House. The Eeader was the 
representative of the Inn for educational 
purposes. In him formerly was vested 



READING 21 

the right to call to the bar. Students 
were obliged to attend his readings upon 
a particular branch of law, which occasion- 
ally furnished the material for published 
treatises. But the extent of his learning 
occupies an insignificant place by the 
side of the magnificence of the feast 
which he was expected to give during 
the period of his reading. 

Sir James Whitelocke, in his '* Liber 
Pamelicus/* gives a full and interesting 
account of his Beading in the year 1619. 
After detailing the gifts received and 
bestowed upon the occasion, he pro- 
ceeds— 

** Upon Sunday the 1 of Aug. I promised the 
dean of Westminster* to preache with us. I 
wente to churche everye morning and evening 
the whole reading, accompanyed with sutche 
benchers, cubberdmen and senior barristers as 
wolde goe withe me. I red everye Munday, 
Wednesday and Fryday, the two first weekes in 
August. Upon those dayes on whiche I red 

* Kobert Townson, D.D., afterwards Bishop of Salisbury. 



22 , THE MIDDLE TEMPLE 

thear was a breakfast in the parliament cham- 
ber, not on the other. 

"Upon Monday the first day, after breakfast, 
I went to the cubberd, and thear, before all the 
house, toke the othe of supreamacy, then wente 
to my place, the northe end of the long table, 
whear mr. Palmer, a Londoner born, my sub- 
lector, red my statute, 21 Henry viii. ca. 
13 . . . 

" My statute was published at the benche table 
upon Sunday after supper, the night e before my 
reading began. The first Fryday after the 
reading began I and sum of the ancients went to 
Tuttle [? Tothill fields] and played at bowles, 
according to the ancient custom, and ther the 
dean of Westminster met us, and played withe 
us. 

" I ended the Fryday senighte after I began. 

"I sat bare when I red, but double readers 
sit covered ; yet toke place at all other times, 
and at the table, of all that came to me . . . 

'* I had geste in my reading the master of 
wardes,* the master of the rolles, t the 
sollicitor,t sergeant Davis, the king's sergeant 

* Sir Lionel Cranfield. f Sir Julius Csesar. 

X Sir Thomas Coventry. 



READER'S FEAST 23 

heer and in Ireland, the king's attorney,* the 
dean of Westminster, and divers knightes and 
men of good qualitye. At the feast I had the 
embassadour of the Low Countryes,t the arch- 
bishop of Canterbury e, J the privie seal,§ the 
archbishop of SpalataJI the bishops of Lon- 
don,! Rochester,** and Llandaff,tt nominated 
to Chichester, the lord Norris,tt the master of 
the wardes, the dean of Westminster, and divers 
knightes and gentlemen, and at the feast I 
admitted the archbishop of Spalata, the dean 
of Windsor and master of the Savoy,§§ and Sir 
Henrye Foliot, a great soldiour of Ireland. The 
feast was on Tuesday the 10 of August. 

" This reading I admitted into the house my 
only sun Bulstrode Whitelocke, being 14 yeares 
of age 3 dayes before." 

From the Eeaders was chosen the 
Treasurer, who was the "principall and 
supreme oflficer " in the Inn. The con- 

* Sir Henry Yelverton t Sir Albertus Joachimi. 

t Archbishop Abbot. § Edward, Earl of Worcester. 

II Marc Antonio de Dominis. ^ Bishop King. 

** Bishop Buckeridge. ft Bishop Carleton. 

XX Francis, Lord Norris, afterwards Earl of Berkshire. 
§§ The Archbishop of Spalata was both Dean of Windsor 
and Master of the Savoy. 



24 THE MIDDLE TEMPLE 

trol of affairs was at first exercised by 
Governors, but the increase in the 
financial business necessitated the ap- 
pointment of a separate officer; and 
naturally, in process of time, a large 
amount of power passed into his hands. 
The post was created at Lincoln's Inn in 
1455, but more than a century afterwards 
Governors were still appointed at the 
Inner Temple. Gray's Inn appears at 
one time to have had two Treasurers ; 
and at the Middle Temple there was an 
Under- Treasurer who was a member but 
not a Bencher of the Inn. Mr. Inder- 
wick defines the duties of the Treasurer 
as follows : — 

"(1) To admit to the Society such as he 
thought fit ; (2) to assign chambers to members 
of the Inn ; (3) to collect the pensions or dues 
and to receive the fines on admissions to cham- 
bers ; (4) to pay the rent to the Lord of St. 
John's and the cost of all repairs done to the 
chambers, and generally to maintain the Inn ; 
(5) to pay all wages and to appoint subordinate 



THE TREASURER 25 

officials ; (6) to render yearly an account of his 
office, to be audited by members [? Benchers] of 
the Inn." 

These duties were performed subject, in 
a greater or less degree at the different 
Inns, to the approval of the Benchers. 
Some Treasurers had more authority than 
others, especially when they were con- 
tinued in oflSce for a period of years 
instead of retiring at the end of one; 
but a new Treasurer has been chosen 
each year since the seventeenth century. 
At the present time the office rests rather 
upon customary right than specific enact- 
ment. As ex'officio chairman of all com- 
mittees, the Treasurer may take an 
important part in the deliberations and 
work of the society. 

To trace the numerous changes which 
have taken place in the system of legal 
education since Fortescue's days is beyond 
the present purpose ; but the orders made 
by the Privy Council and adopted by the 
Benchers in 1614 may be epitomised, as 



26 THE MIDDLE TEMPLE 

they consolidate the rules existing at the 
time of the patent and form the founda- 
tion of subsequent regulations. On 
account of '^the great abuse in the 
lodging and harbouring of ill subjects 
or dangerous persons,'* the Inns were 
to be searched for strangers at regular 
intervals. " For that the societies ought 
to give a principal example of good 
government in matters of religion, and 
to be free not only from the crime but 
from the suspicion of ill-affection in that 
kind,'* every gentleman was required to 
receive Communion annually under 
penalty of expulsion. As these insti- 
tutions were ordained chiefly for the 
profession of the law, and secondarily 
for the purposes of general education, 
**no knight or gentleman, foreigner or 
discontinuer,'* was to be admitted to 
lodge there, so that they might not be 
turned from Hospitia (inns) to Diversoria 
(taverns). In order to preserve the 
difference between a councillor at law. 



CALL TO THE BAR 27 

"which is the principal person next 
unto Serjeants and judges, . . . and 
attorneys and solicitors, which are but 
ministerial persons, and of an inferior 
nature," no attorney or solicitor was 
henceforth to be admitted of any of the 
four Houses of Court. Owing to the 
excessive number of lawyers, no Inn 
was to call to the bar in one year more 
than eight ; and, in order that they might 
be sufficiently grounded, none was to 
practise until he had been three years at 
the bar, "except such utter barristers 
that have been readers in some Houses 
of Chancery/' The requests from dis- 
tinguished personages to the Benchers 
that their proteges might be called to the 
bar had helped to increase the numbers 
to an undesirable extent. In order that 
due attention might be given to learning, 
a minimum duration was enforced for 
the reading, while playing and other dis- 
orders were to be put down. Finally, 
decency in apparel and due regard for the 



28 THE MIDDLE TEMPLE 

governing authorities were required from 
the members. 

The first regulation as to the search 
for strangers was especially necessary, as 
the Temple was a place of sanctuary. 
Dissolute and evil-disposed persons ob- 
tained entrance by surreptitious means, 
to the annoyance of law-abiding and 
decent people. Their presence was 
harmful to the young students, who, 
without the assistance of these rough 
characters, were too frequently disposed 
to riot and debauchery. The right of 
sanctuary was abolished in 1624; but 
the Temple and some other ancient 
places were still used as refuges by 
malefactors and debtors. At last, as 
Lord Macaulay records, the nuisance 
became so great that another Act was 
passed in 1697 to effect its complete 
suppression. 

Besides granting to the two Inns the 
property of which they were tenants, the 
patent also assigned to them ** all that 



TEMPLE CHURCH 29 

Church, edifices and buildings of the 
Church used for or dedicated to Divine 
Worship, Prayers and celebrating the 
Sacraments and Sacramentals, commonly 
called the Temple Church," with the 
condition that they should be well and 
sufficiently maintained by the two Inns. 
The appointment of the Master of the 
Temple was reserved to the Crown ; but 
the two Inns alternately choose his 
assistant, the Reader. It would be be- 
yond the present purpose to give a 
history of the church and to describe 
in detail the building,* but something 
must be said of its condition at the time 
when it came into the possession of the 
Inns. It was fallen into an almost 
ruinous condition. 

'*The roof was dilapidated; the glass in the 
windows was broken ; the venerable monuments 
of antiquity, and the more modern but not less 

* Both have been admirably accomplished in "The 
Temple Church," by T. Henry Baylis, K.C., and "The 
Temple Church," by George Worley. 



30 THE MIDDLE TEMPLE 

costly and elegant structures of the Elizabethan 
era, unprotected from injury by accident or 
design, had fallen into decay; the pews were 
rotten, and even the iron bars that should have 
held the windows were themselves consumed by 
rust." * 

The surroundings were entirely out of 
harmony with the precincts of a sacred 
edifice. The Benchers at once issued 
orders for the remedy of this state of 
affairs. The improvement in its con- 
dition was to their own advantage, as 
Dugdale tells us that the church ''all 
the terme time hath in it no more quiet- 
nesse than the Pervyse of Pawles, by 
occasion of the confluence and concourse 
of such as are suters in the law." 

The increased security of tenure 
assured by the grant of James I. was 
followed by further building. The Inner 
Temple gateway was erected in 1610. 
The room above it is decorated with the 
arms of Prince Henry, who died in 1612, 

* " Inner Temple Kecords/' n. xxvii. 



CHAMBERS 31 

and, having escaped the Fire of London, 
is now preserved to the public use in 
perpetuity under the care of the London 
County Council. The procedure in the 
erection of new buildings was for a 
member to obtain permission from the 
Benchers to provide himself with a set 
of chambers at his own cost, as the Inn 
had no capital fund for the purpose. In 
return, the undertaker was allowed to 
call the building by his own name, and 
to have a personal right of occupation 
for Hfe, and a further right to nominate a 
certain number of successors from among 
members of the Society who might be- 
come tenants, without any payment to 
the Inn. Naturally it was often Benchers 
who were able to carry out these under- 
takings ; but, if they had not their own 
buildings, it was customary for them to 
be admitted into a set of chambers 
reserved as Benchers' Chambers, with 
special rights as to exclusive occupation 
or terms upon which members were 



32 THE MIDDLE TEMPLE 

entitled to joint tenancy. Some of the 
officers of the courts, such as the Clerk 
of the Crown Office and the Protho- 
notary of the Common Pleas, had offices 
in the Temple. In addition to the build- 
ings for the members there were various 
stalls and shops, which were allowed by 
the Benchers, but regulated from time to 
time. 



Ill 

AMERICA AND THE MIDDLE 
TEMPLE 

In 1555 Richard Hakluyt, cousin of the 
Geographer, was admitted to membership 
of the Middle Temple and Chambers. 
Among his contemporaries was Miles 
Sandys, brother of Edwin Sandys, after- 
wards Archbishop of York. Some time 
before 1570 young Eichard Hakluyt, then 
studying at Westminster School, came 
to visit his cousin at his chambers in the 
Temple, and *' found lying upon his boord 
certeine bookes of Cosmographie with an 
universall Mappe'' which aroused his 
curiosity. The elder Richard, no doubt 
glad to have a ready listener, gave him 
a long '* discourse'* which so impressed 

M.T. D 



34 THE MIDDLE TEMPLE 

the young man as to induce him to form 
a resolution that he ** would by God's 
assistance prosecute that knowledge and 
kinde of literature the doores whereof 
(after a sort) were so happily opened 
before me." * Thus in the Middle Temple 
was begun the record of the geographical 
inquiry which has transfigured the map 
and revolutionised the history of the 
world. 

On January 27, 1574-5, was admitted 
Anthony Ashley, son and heir of Anthony 
Ashley, of Dome, Wilts, who may be 
identified with the clerk of the Privy 
Council of that name, and therefore with 
the translator of Waghenaer's important 
naval work.f In the following month 
Walter Raleigh became a member, and 
seems to have lived in the Temple for 
at least two years, though at his trial he 
declared, " if I ever read a word of the 

* " The Epistle Dedicatorie to the Prmcipal Navigations," 
1589. 
t See " Dictionary of National Biography," and infray p. 80. 



SIR WALTER RALEIGH 35 

law and statutes before I was a prisoner 
in the Tower, God confound me.'' * He 
became a friend of Hakluyt the elder, 
who resided continuously in the Temple 
until his death in 1591. 

On April 27, 1584, Sir Walter Raleigh 
sent forth the first expedition to colonise 
Virginia in " two barkes under the com- 
mando of Master Philip Amadas, and 
Master Arthur Barlow." f One Philip 
Amadas, son and heir of John Amadas 
of Plymouth, was fined by the Benchers 
of the Middle Temple on May 28 of that 
year for being absent from his studies in 
Lent Term, and his name does not appear 
again in the records. If the " Dictionary 
of National Biography'' is right in iden- 
tifying Ealph Lane, who followed soon 
after Amadas and, in due course, became 
the first Governor of Virginia, with the 
second son of Sir Ealph Lane of Horton, 
Northamptonshire, then he too was a 

* " state Trials," vol. ii. col. 16. 

t " Purchas's Pilgrimages," xviii. (Hakluyt Society) 298. 



36 THE MIDDLE TEMPLE 

Middle Templar. In the same year as 
Sir Walter Ealeigh sent forth his expedi- 
tion, his step-brother Adrian Gilbert, also 
a Middle Templar, and younger brother 
of the more famous Sir Humphrey Gilbert, 
obtained a patent incorporating him with 
certain associates under the name of the 
Colleagues of the Fellowship for the 
discovery of the North-West Passage. 

Hakluyt does not appear to have 
practised the law by which course he 
would have attained to the office of 
Keader and probably Treasurer, but in 
1585, on account of his standing and long 
association with the Inn, he was invited 
to become an associate with the Bench. 
In the same year he published his treatise 
containing "inducements to the liking 
of the voyage intended towards Virginia 
in 40° and 42° of latitude.'^ His first 
reason was " the glory of God by planting 
religion among these infidels," and there 
is no doubt that a strong rehgious spirit 
prevailed amongst the earlier adventurers. 



SIR FRANCIS DRAKE 37 

Prom 1580 to 1588 Sir John Popham, 
who took a prominent part in the colonis- 
ing projects of the period, held the highest 
office, the Treasurership in the Inn. He 
does not appear to have been present, 
however, when Sir Prancis Drake was 
received in the Middle Temple Hall on 
August 4, 1586, upon his victorious return 
from the West Indies. The occasion is 
recorded in the minutes of Parliament of 
the Inn as follows : — 

"Die lovis quarto die August! Anno D*ni 
1586 annoq, Regni D'ne Elizabethe Eegine 28'o 
Franciscus Drake Miles unus de consortio Medii 
Templi post navigatione anno preterito sus- 
ceptam et Omnipotentis Dei beneficio prospere 
peractam, accessit tempore Prandii in Aulam 
Medii Templi ac recognovit, loanne Savile 
Armigero tunc lectori, Matheo Dale, Thome 
Bowyer, Henrico Agmondesham et Thome 
Hanham Magistris de Banco et aliis il'm pre- 
sentibus, antiquam familiaritatem et amicitiam 
cum consortiis generosorum Medii Temple pra3 
diet., omnibus de Consortiis in Aula presentibus, 
cum magno gaudio, et unanimiter, gratulantibus 
reditum suum fcelicem." 



38 THE MIDDLE TEMPLE 

From the wording of the entry it would 
appear that Drake's visit to the Hall was 
not by special invitation, and the presump- 
tion is supported by the absence of the 
Treasurer. He seems to have called casu- 
ally and to have received the congratu- 
lations of the Benchers who were present 
upon his safe return from his expedition. 

The wording of the entry also sup- 
ports the tradition that Drake had been 
admitted a member in earlier years, though 
it is not possible to trace the exact date. 
Perhaps the admission was entered in 
the volume of the records which is 
missing for the years from 1524 to 1551. 

Attention may be drawn to the name 
of Thomas Hanham among the signa- 
tories. For some years he occupied a 
chamber with Popham. In 1582 he had 
been Eeader of the Inn, and in 1589 was 
createu serjeant-at-law. Hanham's second 
son, Thomas, also a member of the Inn, 
was one of the grantees of the Virginia 
patent of 1606. 



FAMOUS SEAMEN 39 

Drake was also received at the Inner 
Temple, but there is no mention of any 
occasion similar to the admission together, 
on February 2, 1593, of Sir Martin Fro- 
bisher, Admiral Norris, and Sir Francis 
Vere, or of Sir John Hawkins in the 
following year. Hawkins, we know, was 
a friend of the Hakluyts, and the others 
were not likely to have been strangers 
to them. None of the other Inns received 
these celebrated Elizabethan seamen; 
and it is diflScult to believe that it was 
a mere accident which led to their 
welcome by the Benchers of the Middle 
Temple. Taken in conjunction with 
other facts in the history of the Inn at 
this period, their reception supports the 
suggestion that the colonising enter- 
prises of the closing years of the sixteenth 
century were closely associated with the 
Middle Temple. 

Sir John Popham was succeeded as 
Treasurer of the Inn by Miles Sandys, 
and Robert, younger brother of Anthony 



40 THE MIDDLE TEMPLE 

Ashley, and founder of the Library, 
became a member almost at the same 
time. He was keenly interested in travel 
and geographical study. 

In 1590 an expedition consisting of 
three ships was sent to Virginia " at the 
special charges of Mr. John Wattes of 
London, merchant."* On two or three 
occasions about that date the Benchers 
of the Middle Temple admitted, honoris 
causa, distinguished members of the Cor- 
poration. Mr. Wattes, an active member 
of the Virginia Company, afterwards 
knighted and Lord Mayor, became a 
member of the Inn by that means in 
1596. Another expedition, fitted out at 
the expense of Sir Walter Raleigh, sailed 
from Plymouth on March 25, 1602, for 
Virginia, under the command of Bar- 
tholomew Gosnold, a member of the 
Middle Temple. He died in Virginia on 
August 22, 1607. A contemporary record 
tells us that *'he was honourably buried, 

* " Hakluyt's Voyages," vol. iii. p. 288. 



VIRGINIA COMPANY 41 

having all the Ordnance in the Fort shot 
off with many voUies of small shot.'' 
Anthony Gosnold, a relative of his, went 
to Virginia in 1605. Among others 
admitted to membership at this period, 
honoris causa, were Sir Thomas Lowe, first 
Governor of the Levant Company, besides 
Sir Kobert Lee and Sir John JoUes, who 
were associated with him in the patent 
granted to the Company, 

Sir John Popham, afterwards Chief 
Justice of the King's Bench, is supposed 
to have prepared the first draft of the 
Charter of the Company in 1606, and 
undoubtedly took an important part in 
its affairs. One of the chief members of 
the company which sailed from England 
at the end of 1606 and established the 
settlement of Jamestown was George 
Percy, a younger brother of the Earl of 
Northumberland. He had been admitted 
a member of the Inn on May 12, 1597, at 
the age of seventeen. His published ac- 
counts contain a good deal of information 



42 THE MIDDLE TEMPLE 

about the colony of which he more than 
once acted as Governor. I 

In the second party of settlers was a 
certain Gabriel Beadall, who with John 
Eussell was set 

"to learn to make clapbord, cut downe trees, 
and ly in woods . . . making it theire delight to 
bear the trees thunder as they fell, but the axes 
so oft blistered their tender fingers that com- 
monly every third blow had a lowd oath to 
drowne the echo ; for remedy of which sin the 
President devised howe to have everie mans 
oathes numbered, and at night, for every oath 
to have a can of water poured downe his sleeve, 
with which every offender was so washed (him- 
self and all) that a man should scarse heare an 
oathe in a weeke." * 

It may be only a coincidence that about 
thirty years later there was a Gabriel 
Beadall keeping a stationer's shop at the 
Middle Temple as a tenant of the Inn. 
On the other hand, it is quite possible 
that, having gained a little money, Beadall 

* " Proceedings of the English Colony in Virginia," by 
W.S., 1612, p. 48. 



CRASHAW AND SYMONDS 43 

returned to his native land and set up in 
business under the auspices of those who 
had been instrumental in sending him to 
Virginia. 

Shortly after the formation of the new 
colony we find a connection between the 
Temple and the Virginia Settlement 
through quite a different channel. The 
Eev. William Crashaw — father of the 
poet — who preached the sermon in con- 
nection with the departure to Virginia of 
Lord Delaware on February 21, 1609-10, 
was Eeader of the Temple Church from 
1605 to 1613, and is known to have been 
deeply interested in the infant English 
commonwealth. Unlike his friend, the 
Eev. William Symonds, who had preached 
the first sermon before the Virginia 
Company in Whitechapel Parish Church 
in the previous year, he had never been 
a resident in Virginia, though a Mr. 
" Eawley Croshaw *' was in the second 
party of settlers, and is mentioned 
several times in Mr. Symonds's narrative. 



44 THE MIDDLE TEMPLE 

Another friend of the Eeader of the 
Temple Church was the Eev. Alexander 
Whitaker, son of the Master of St. John's 
College, Cambridge, who ministered in 
the colony and was drowned there. 

Eiohard Martin, whose erratic tem- 
perament has gained for him prominence 
in the records of the Inn, was also 
connected with the Virginia Company. 
In 1591 he was expelled for an assault 
in the Hall upon another member, but 
some years later was allowed to return, 
was called to the Bar, and finally became 
a Eeader of the Inn in 1615. Martin 
was an advocate of considerable force, 
but spoilt his eloquence by indulgence in 
raillery and invective. In 1614 he acted 
as counsel for the Company in some 
proceedings before the House of Com- 
mons, who passed a resolution of censure 
upon his speech, which was described "as 
the most unfitting that was ever spoken 
in this house."* 

* " Commons Journals," vol. i. p. 488. 



THE FERRARS 45 

Among the contemporaries of Eobert 
Ashley were Sir Edwin Sandys, Treasurer 
of the Virginia Company, and George 
Sandys, who for a time acted as Governor 
of the infant colony, nephews of Miles 
Sandys, Treasurer of the Inn.* In the 
first party of settlers who sailed in 1606 
there was a Thomas Sandys, who may 
be identified with the fourth son of the 
Archbishop, born in 1568, and admitted 
to the Inn in 1588. 

To the evidence of the intimate asso- 
ciation between the Middle Temple and 
two of the most prominent men in the 
government of the colony may be added 
the fact that the Ferrars, who were 
equally well known in the administration 
of the Company, had some connection 
with the Inn. Erasmus and WilUam 

* The identification of the "Dictionary of National 
Biography " is accepted above, though no reference appears 
to have been made to the records of the Middle Temple, 
which show that both the Treasurer and the Archbishop 
had sons named George. There would seem to have been 
five Middle Templars in each family. 



46 THE MIDDLE TEMPLE 

were both members, and the latter was 
called to the bar. They are believed to 
have died before the date of the available 
records of the Company. But Thomas 
CoUett, who was nephew of Nicholas 
Ferrar and is generally understood to 
have been assistant secretary, lived to 
be one of the ** ancient '' members of the 
Inn. He was admitted in 1619, called 
to the bar November 24, 1626, was made 
a bencher November 5, 1652, and an 
entry shows that he was still there in 
1663. Sir Humphry May, a Middle 
Templar, was chosen to be one of the 
Council at the meeting on May 14, 1623. 
Eichard Tomlyns, George Thorpe, and 
William Tracy, are names familiar in the 
administration of the Company, and may 
probably be identified with contemporary 
Middle Templars. 

Unfortunately, the early records of the 
Company cannot be traced, but from 
1619 to 1624 they are available, and 
have been admirably edited by Miss 



THE VIRGINIA COMPANY 47 

Kingsbury under the direction of the 
Librarian of Congress. They furnish 
further evidence of the connection be- 
tween the Middle Temple and the Com- 
pany. With the exception of a passing 
reference to Lincoln's Inn, no other 
Inn of Court receives mention in the 
minutes. 

On November 3, 1619, the Court of 
the Virginia Company chose for their 
counsel Sir Laurence Hyde and Mr. 
Christopher Brooke. The latter was a 
member of Lincoln's Inn, but the former 
belonged to the Middle Temple, having 
been Treasurer in 1616. He was ad- 
mitted to the Council of the Company in 
1623. Among the members of the Com- 
mittee appointed in 1620 to protect the 
rights of the Company was Nicholas 
Hyde, no doubt Sir Laurence's nephew, 
afterwards Judge and Treasurer of the 
Inn. Lord Paget was an active member 
of the Company, and also a Middle 
Templar. Successive members of the 



48 THE MIDDLE TEMPLE 

family occupied a chamber over the 
Middle Temple Gate. 

On July 7, 1620, the Council, upon the 
suggestion of Sir Edwin Sandys, ap- 
pointed committees to deal with the 
various matters requiring attention in 
the government of the colony. The first 
committee was " for the compylinge into 
a bodie the politique laws and magistracie 
of England necessarie or fitt for that 
Plantation." It consisted of Sir Thomas 
Koe, Mr. . Christopher Brooke, Mr. 
Selden, Mr. Edw. Herbert, and Mr. 
Philip Jermyn. Sir Thomas Eoe was a 
member of the Middle Temple, and had 
been recommended by the King for the 
oflBce of Treasurer of the Company. Mr. 
Philip Jermyn, who became a member of 
the Council in 1622, was a barrister of 
the Inn and held the office of Eeader 
in 1629. Two Committees of the com- 
pany of which he was a member were 
instructed to meet at his chambers in 
the Temple. 



I 



LAND IN VIRGINIA 49 

Under date November 14, 1621, is an 
entry in the records which may be tran- 
scribed : — 

" Mr. Churchill Moone of the Middle Temple 
in London, gentleman, having eighte shares of 
land in Virginia allowed by the auditors, did 
upon request passe them over with approbacion 
of this Court in manner following, viz. he 
assigned 4 of them unto Mr. Charles Cratford 
of the Middle Temple in London, Esquire. Also 
he assigned two to Mr. Eichard Chettle. And 
two unto Mr. William Wheat of the Middle 
Temple, Esquire." 

Mr. Eichard Chettle appears from the 
records of the Inn to have resided in the 
Middle Temple, but not to have been a 
member. On April 30, 1623, another 
member of the Inn, Mr. Thomas Cul- 
pepper, became the owner of three shares 
of land. 

The Virginia Company was dissolved 
in 1624, so that throughout the whole of 
its history there can be traced links 
between the Inn and the Company, and 

M.T. E 



50 THE MIDDLE TEMPLE 

the evidence may be thought sufficient 
to justify the suggestion that the Society 
of the Middle Temple took a leading 
part in the birth of the American 
nation. 



IV 

THE EESTOEATION AND AFTER 

The increase in the membership of the 
Inns during the early part of the seven- 
teenth century, combined with the pros- 
perity of the period and the general 
tendency to indulge in luxury, led to 
extravagant entertainments, of which the 
elaborate masques before the Court were 
perhaps the chief. The proceedings of 
the Inns do not contain any particulars, 
except as regard the expense, which was 
raised by a levy upon the members. In 
response to a request of Charles I., a 
masque was presented before him by the 
four Inns, organised by Masters of the 
Bench, which is estimated to have cost 
more than £21,000. Early in the reign of 
James I. the revels within the Inns gave 



52 THE MIDDLE TEMPLE 

place to plays performed by the members 
or professional players. The performance 
of '' Twelfth Night'^ in the Middle Temple 
Hall in 1601 is a memorable example. 

The reign of Charles I. was not marked 
by any important changes in the consti- 
tutions of the Inns or the life of their 
members. The plague frequently inter- 
fered with their course of study, and 
sometimes necessitated what was prac- 
tically the removal of the Inn out of 
town to Hertford or St. Albans. But 
the outbreak of civil war disorganised the 
routine. As corporate communities, the 
Inns took no part, except on one notable 
occasion. On January 4, 1641, five 
hundred gentlemen from the Inns of 
Court armed themselves and marched to 
Whitehall to offer their services to the 
King. On the same day the House of 
Commons appointed commissioners to 
acquaint the Societies 

** That this House hath taken notice of the 
practice of some gentlemen, that have en- 



THE COMMONWEALTH 53 

deavoured to engage the gentlemen of the Inns 
of Court ... to come down to the Court if they 
should be required : that this House has sent 
for the gentlemen that were with them, as 
Delinquents; and do believe that their crime 
will prove to be of a high nature." 

Individual members took part in the con- 
tests in conspicuous positions on both 
sides. For several years no rent was 
paid to the Exchequer, no salary to any 
Master of the Temple, and there were 
no commons in the House. No treasurer 
was elected, and no accounts were 
audited. The Inns, left to the care of 
the few who remained with the servants, 
were invaded by strangers. The property 
suffered ; and it was not until some time 
after the country was sufiSciently quiet 
for the Benchers to resume their ordinary 
procedure that the Inns regained their 
full vitality. In 1653 an attempt was 
made to impose the assessment for the 
army upon the two Temples. The com- 
mittee found that there was no precedent. 



54 THE MIDDLE TEMPLE 

as the Societies were only supported by 
contributions from the members, and so 
had no capital or income upon which to 
base an annual payment. They therefore 
decided that the Inns of Court should be 
treated as other seminaries of learning ; 
and Parliament confirmed their decision. 
The proposal in 1657 for a parliamentary 
inquiry into the constitution of the Inns 
came to nothing. 

The Eestoration was even more wel- 
come in the Inns of Court than it was 
generally throughout the country. The 
suppression by the Puritans of the festivi- 
ties which, so to speak, were the elixir of 
life to the Inns, was resented ; and it is 
doubtful whether the Parliamentarian 
orders received loyal compliance. In a 
news-sheet, entitled ** Perfect Passages of 
Every Daies Intelligence from the Parlia- 
ment Army under the Command of His 
Excellency the Lord General Cromwell," 
under date Thursday, December 4, 1651, 
is the following item ; — 



THE RESTORATION 55 

" On Saturday night last there was a masque 
at the Middle Temple, London, before it began 
the Benchers, or ancients of the House were in 
the Hall and singing the hundred Psalm, which 
being ended, every man drank a cup of Hipocris, 
and so departed to their chambers, then the 
young gentlemen of that society began to 
recreate themselves with civil dancings and 
had melodious musick, many ladyes and persons 
of quality were present." 

With the return of the King the Inns 
resumed their former customs, with an 
evident intention to make up for lost 
time. On February 21, 1665, George 
Villiers, second Duke of Buckingham, 
whose father had been admitted in the 
same way, accompanied Charles the 
Second's natural son, the Duke of Mon- 
mouth, then only a boy of fourteen, on 
his admission to the Middle Temple. 
John Evelyn, himself a member, was 
invited to Mr. Bramston's Readers' Feast 
in 1668, " which was so very extravagant 
and greate as the like had not been scene 
at any time. There were the Duke of 



56 THE MIDDLE TEMPLE 

Ormond, Privy Seal, Bedford, Belasys, 
Halifax, and a world more of Earles and 
Lords." In the following year (August 4) 
a distinguished company were admitted 
to membership, including Lord Berkeley, 
Lord Clifford, Heneage Finch, Earl of 
Winchilsea, Pietro Mocenigo, the Vene- 
tian Ambassador, and Jacques du Moulin, 
one of a distinguished family of French 
doctors. The occasion was Sir Henry 
Peckham's Beading Feast, ** A pompous 
entertainment," says Evelyn, *' where 
were the Archbishop of Canterbury, all 
the greate Earles and Lordes, &c. I 
had much discourse with my Lord Win- 
chelsea, a prodigious talker; and the 
Venetian Ambassador." Charles II. was 
frequently present at the feasts and revels 
of the different Inns, sometimes as a guest 
of the Eeader, and sometimes, it would 
seem, incognito, Dugdale gives an account 
of one such visit, when the King, accom- 
panied by the Duke of York, came to the 
Inner Temple at the invitation of the 



LINCOLN'S INN 57 

SoKoitor- General, Sir Heneage Finch. 
*' Fifty select gentlemen of the Society 
in their gowns'' waited upon them at 
dinner, accompanied by the music of 
'*xxv violins, which continued as long 
as his Majesty stayed." At the next 
Parliament the Duke was called to the 
bar and bench. Even more sumptuous 
was the entertainment given at Lincoln's 
Inn by the Duke of York's Solicitor- 
General, Sir Francis Goodericke ; on this 
occasion the King was again accompanied 
by the Duke of York, together with 
Prince Eupert, the Dukes of Monmouth 
and Eichmond, the Earls of Manchester, 
Bath, and Anglesey, Viscount Halifax, 
the Bishop of Ely, Lord Newport, Lord 
Henry Howard, and ** diverse others of 
great qualitie." 

"Towards the end of dinnar, his Majestie, to 
doe a transcendant Honor and grace to the 
Society, and to expresse his most gratious 
acceptance of theire humble duty and aifeccion 
towards him, was pleased to comaund the Book 



58 THE MIDDLE TEMPLE 

of Admittances to be brought to him, and with 
his owne hand entred his Koyall Name therein, 
most gratiously condiscending to make himselfe 
a Member thereof, which high and extraordinary 
favour was instantly acknowledged by all the 
members of this Society then attending on his 
Majestie with all possible joy, and received with 
the greatest and most humble expressions of 
gratitude, it being an example not presidented 
by any former King of this Realme." 

It is worthy of note that in several 
instances the royal visits pass without 
mention in the Eecords of the Inns, so 
that the absence of any entry in the 
Middle Temple or Gray's Inn Eecords 
is not conclusive evidence that Charles 
II. did not also pay visits to those Inns. 
For example, in the Le Fleming MSS., 
published by the Historical MSS. Com- 
missioners, it is recorded, under date 
December 6, 1670— 

"On Saturday last their Majesties, with the 
Prince of Orange, were present incognito at 
the merriments usual at this season at the 
Temple, where they were entertained with 



ROYAL VISITS 59 

dances of all kinds to their very great satis- 
faction." 

Again on the 31st of the next month the 
writer adds — 

" Their Majesties and the Prince of Orange 
were present at the revels at the Temple on 
the 27th, and at Lincoln's Inn on the 28th." 

There is no mention of these visits in the 
Eecords either of the Inner or Middle 
Temple. John Evelyn, who was a mem- 
ber of the latter, records several sump- 
tuous entertainments ; and Eoger North, 
writing of Francis North's Beading feast 
at that Inn in 1671, says — 

*' I cannot much commend the extravagance 
of the feasting used at these readings ; and 
that of his lordship's was so terrible an 
example, that I think none hath ventured since 
to read publicly." * 

He presents the other side of the picture, 
showing a scene of debauchery, tumult, 
and waste. The prodigality of the period 

* " Lives of the Norths " (Bohn's Libraries), vol. i, p. 97. 



6o THE MIDDLE TEMPLE 

may be held accountable for this indul- 
gence ; but the Inns of Court may have 
been led thereby to anticipate rather 
than follow the change in the manners 
of the Court and its entourage, as the cost 
of the feasts was a serious obstacle in the 
way of the acceptance of the office of 
Eeader. These extravagances received 
the attention of the four Inns, who drew 
up a series of regulations to carry out the 
wish of the King, having *' signified his 
pleasure by the Lord Chancellor and 
Judges, that no Eeader, not of his 
Majesty's Council or Eecorder of Lon- 
don, should spend more than £300."* 
No doubt it was in accordance with the 
modified scale of entertainment that the 
Duke of Ormond and his grandson, 
the Dukes of Hamilton and Somerset, 
the Earls of CarUngford and Eadnor, and 
the Marquess of Halifax were received 
and admitted members of the Middle 
Temple in 1683. The revels, in which 

♦ " Middle Temple Records," vol. iii. p. 1313. 



REVELS 6i 

a mock prince held his court, were con 
tinned for more than half a century. 
Mr. Inderwick states that they *' ceased, 
so far as there is any record of them in 
our Inn, before the Commonwealth"; 
and he quotes Evelyn's Diary to show 
that they were continued in the Middle 
Temple. An entry, however, in 1697 
refers to '* a riotous and revelling Christ- 
mas, according to custom," * in the Inner 
Temple ; and the last revels in any Inn 
of Court are stated to have been held 
in the Inner Temple Hall at Candlemas, 
1733. They were conducted with the 
ancient ceremonies ; and among the 
company was the Prince of Wales 
incognito,^ 

In the years following the Eestoration, 
plague frequently made its appearance 
in the Temple. The members found 
safety in flight, with a consequent 
interruption to study and the business of 

* Diary (Dobson's ed.), vol. iii. p. 333.' 
t Wynne's " Eunomus," p. 292. 



62 THE MIDDLE TEMPLE 

the Societies. The Great Fire wrought 
serious havoc in the Inner Temple, 
but barely touched the buildings of 
the Middle Temple. A committee of 
Benchers was appointed promptly "to 
settle all matters in reference to the 
rebuilding of the Society," which was 
undertaken upon the method previously 
in vogue by individual members bearing 
the cost of erection, and in return re- 
ceiving certain rights from the Benchers. 
They were to pay no fine on admission 
to the chambers, but to have a grant 
for three consecutive lives, with power 
during that period to admit thereto, and 
to receive payment of fines for admission 
from any persons who were members of 
the Inn, with a preferential right to 
former occupants. The Inn itself under- 
took the rebuilding of the library and 
the moot-chamber beneath. The work 
was carried out so expeditiously that 
within four or five years the whole Inn 
was rebuilt and the members furnished 



FIRE IN THE INN 63 

with more substantial and healthier resi- 
dences. Several minor conflagrations 
occurred within the Temple, but one in 
1679 did almost as much damage in the 
Middle Temple as the Great Fire in 
the Inner Temple. It lasted from eleven 
o'clock on Sunday night, January 26, 
1678-9, to noon on Monday, and laid 
bare a large part of the Inn. One of 
the sufferers was Elias Ashmole, the 
antiquary, who lost a portion of the 
Tradescant collection. The work of re- 
building, so Eoger North relates, was 
the cause of considerable friction between 
the members and the Benchers. The 
undertaking was so great that the 
Society dispensed with Eeadings in order 
to divert the usual expenditure to that 
purpose. After lengthy negotiations, the 
Society placed themselves in the hands 
of Dr. Nicholas Barbon (son of Praise- 
God Barbon), who had been employed 
in rebuilding the City. The troubles of 
the Benchers were not at an end, for 



64 THE MIDDLE TEMPLE 

after many vicissitudes *' there was at 
length a fail (as always in Barbon's 
affairs), so the House was fain to take 
upon them the winding-up of the 
matter/*^ During the Middle Temple 
fire the Lord Mayor and the sheriffs 
came down with a view to rendering 
assistance, but his sword was borne erect, 
as if he exercised authority in the Temple. 
The assertion of that claim was always 
a source of conflict, especially on the part 
of the members of the Inner Temple. 
The "leading case," so far as it received 
judicial cognisance, occurred in 1669, and 
is fully recorded by Pepys.t It had no 
definite result. A more friendly feeling 
existed between the Corporation and 
the Middle Temple ; and on several occa- 
sions, at the beginning of the seventeenth 
century, aldermen and sheriffs were ad- 
mitted, honoris causa, to membership of 
that Society. 

* "The Lives of the Norths," vol. iii. p. 60. 
t Diary (1828), vol. iv. pp. 256, 294. 



RETROSPECT 6$ 

Between the years 1600 and 1700, 
practically the whole of the Temple, with 
the exception of the church, was re- 
placed by new buildings. More air and 
a fresh supply of water were the surest 
safeguards against the ravages of the 
plague, which disappeared at the close 
of the seventeenth century. The sta- 
bility of the administration and ancient 
procedure of the Inns remained un- 
affected by the external changes. They 
maintained their ancient privileges un- 
disturbed by any additional requirements 
on the part of the Crown or Privy 
Council, and so obtained an increased 
feeling of independence. One thing 
was being abandoned; the costly enter- 
tainments, which had been carried 
to extravagant dimensions during the 
century, were recognised to be undesir- 
able. Thus the student coming from 
the university to the Temple in 1700 
would find himself called upon to pursue 
much the same kind of life as his 

M.T. F 



(i^ THE MIDDLE TEMPLE 

predecessor in 1600, though his intention, 
in a greater number of instances, would 
be to continue the study of the law, in- 
stead of departing into some other walk 
ofHfe. 



THE MIDDLE TEMPLE IN THE 
EIGHTEENTH CENTURY 

The materials for a complete record of 
the eighteenth century are not yet avail- 
able. The published records of the Middle 
Temple stop at 1703, and those of the Inner 
Temple at 1714. There is a singular lack 
of information from external sources. The 
impression is that the eighteenth century 
within the Temple was a period of torpor 
or, it may be, of rest, after the gaiety 
of the seventeenth, in preparation for 
the developments of the nineteenth in 
increased attention to the preKminary 
study for the practice of the law. The 
deed of partition between the two Inns 
in 1732 suggests that at that period they 



6S THE MIDDLE TEMPLE 

were engaged in imparting methodical 
arrangement to their affairs. In some of 
the buildings the residents on the ground 
floor were tenants of one Society, while 
the occupants of the first floor were tenants 
of the other ; and the absence of any clear 
division between the two entirely accords 
with what has been suggested above as 
to the process by which they grew from 
one body to existence in separation. 

To the period of the partition deed 
belongs ^'Master Worsley's Book/' as it 
is called, though the authorship is doubt- 
ful, containing " Observations on the 
Constitution, Customs, and Usuage of 
the Honourable Society of the Middle 
Temple." * The writer deals fully with 
a matter which was a constant cause of 
disturbance in the Inn — the right of the 
governing body to regulate its affairs 
without consultation with the members. 



* This volume, edited by Mr. C. H. Hopwood, K.C., was 
published in 1896, and a new edition is now (1909) being 
prepared by Mr. A. R. Ingpen, K.C., a Master of the Bench. 



MEMBERS' REVOLT 69 

The ancient custom was that the Benchers 
made orders for the government of the 
Inn; hut during the vacations they 
effected a kind of abdication, when the 
members within certain prescribed limits 
were allowed to rule themselves. The 
result was a period of license, when the 
Lord of Misrule held sway. In later days 
this custom was taken more seriously, 
and constant endeavours were made to 
enforce some order in abrogation of the 
Masters' rights, to take effect when they 
had resumed control. Much of the 
trouble which arose in the course of 
these proceedings may be attributed to 
a lack of restraint on the part of a 
number of high-spirited young men ; but 
in the Middle Temple the controversy 
seems to have been a more serious 
matter. In 1730 the barristers and 
students in "Vacation Parliament 
assembled'' drew up a long declaration, 
in which they asserted that, although the 
order and government of the Society 



70 THE MIDDLE TEMPLE 

were lodged in the Masters, **yet a 
liberty of proposing such occasionall 
alterations and amendments as the cir- 
cumstances of times and things might 
render necessary, is and must be re- 
served to the other part of the Society 
in Parliament assembled. ' ' They claimed 
the right to hold their Parliament at any 
time, as there were always matters call- 
ing for attention; while the Masters 
said that the junior members were not 
entitled to confer together or make re- 
presentations to them except in regard 
to matters arising during vacation. The 
ofiScial who compiled the book supplies 
a long answer to the petition which the 
Masters of the Bench had already pro- 
vided in reply to a similar agitation in 
1630.* The book also gives an account 
of the call of the Serjeants in Easter 
term, 1736, showing that the ancient 

* There were also serious differences between the Masters 
of the Bench and some members of the Inn in 1695. See 
" Minutes of Parliament," pp. 1431 et seq. 



AMERICAN MEMBERS 71 

ceremonies were still in force. The visit 
of the King Christian VII. of Denmark to 
the Temple on September 23, 1768, is 
an example of the continuance of the 
traditional hospitality of the Inns. He 
was welcomed by the Benchers of both 
Societies on his arrival by water to lunch 
in the Middle Temple Hall, en route to 
a reception at the Mansion House. 

During the closing years of the 
eighteenth century the names of young 
students coming from the possessions 
of Great Britain across the seas are 
found upon the admission books of the 
Inns of Court. In particular, the Middle 
Temple included among its members 
men destined to take a leading share in 
the separation of the States of America 
from the mother-country. The Middle 
Temple is represented by five signatories 
to the Declaration of Independence, in- 
cluding the four representatives of South 
Carolina. Edward Eutledge, afterwards 
Governor of that State, and Thomas 



72 THE MIDDLE TEMPLE 

Lynch were admitted to the Inn in 
1767. Thomas Heyward, who became 
a judge, and Arthur Midleton were 
entered ten years before. The fifth 
Middle Templar, Thomas McKean, 
signed the Declaration as one of the 
Delaware representatives. He is said 
to have written the Constitution of his 
State in one night. Although President 
of Delaware, McKean resided in Penn- 
sylvania, and was appointed First Chief 
Justice of the Supreme Court on July 28, 
1777. He held the office until he was 
elected Governor of the State in 1799. 

Even more distinguished was the 
career of John Kutledge, Edward's eldest 
brother, who was admitted to member- 
ship of the Middle Temple on October 
11, 1754, and was called to the Bar 
on February 8, 1760. In the following 
year he returned to South Carolina. At 
the age of twenty-two he began to 
practise, and was soon successful. 
Chosen at the age of twenty-six to 



p 



JOHN RUTLEDGE 73 

represent his State, his forensic abilities 
enabled him, although the youngest 
member of Congress, to take the same 
prominent position in the Senate House 
as he had held in the courts. Kutledge 
is believed to have drafted the greater 
part of the Constitution of South Caro- 
lina. Under it he became first Presi- 
dent of the General Assembly and 
Commander - in - Chief. In the latter 
capacity he was required for a time to 
set aside peaceful pursuits, and displayed 
his versatility by his courage and activity 
upon the field of battle. On the termi- 
nation of his executive duties he was 
again elected a Member of Congress in 
1782. After two years' strenuous service 
for his country, Eutledge became judge 
of the South Carolina Court of Chancery. 
Seven years later, upon the reorganisa- 
tion of the courts of law, he was made 
Chief Justice. Finally, Eutledge was 
chosen to be chairman of the committee 
of five who drafted the first Constitution 



74 THE MIDDLE TEMPLE 

of the United States, and, upon the 
resignation of John Jay, was nominated 
by Washington to be the second Chief 
Justice. Thus the legal knowledge 
which he had acquired during five 
years' study at the Middle Temple 
was the basis of his remarkable con- 
tribution to the advancement of his 
country and the mainstay of his whole 
career. 

John Dickinson, the "Pennsylvania 
Farmer," Arthur Lee of Virginia, 
William Livingston, one of the framers 
of the Constitution, and Peyton Ean- 
dolph, President of the Continental Con- 
gress at Philadelphia, were also members, 
and the last named was called to the Bar 
at the Middle Temple. Thus the legal 
knowledge acquired in the Inn made a 
considerable contribution to the establish- 
ment of sound government, so that 
besides assisting at the birth of the 
nation the Society may lay claim to have 
aided in equipping it for an independent 



PHINEAS BOND 75 

life upon its attainment of a separate 
existence. 

Mention may be made, finally, of an 
American who maintained his attach- 
ment to the British side. Phineas Bond 
was born at Philadelphia in 1749, and 
was admitted to the Middle Temple on 
April 15, 1771. He returned to Phila- 
delphia in 1877, and was suspected by 
the Government of infidelity to the State. 
Bond was attainted of high treason, his 
estate was confiscated, and he went to 
England, where he engaged in the 
practice of the law after being called 
to the Bar in June, 1779. For seven 
years he stayed in England, while his 
mother endeavoured to have his at- 
tainder reversed. In 1786 Bond was 
commissioned by the British Govern- 
ment as its Consul for the States of New 
York, New Jersey, Pennsylvania, Dela- 
ware, and Maryland, and in 1793 he 
became Consul-General for the Southern 
and Middle States. He seems to have 



je THE MIDDLE TEMPLE 

remained in America until about the year 
1812, when he returned to London and 
died in 1815.* 

The Middle Temple, therefore, has 
had in a singular measure a quiet but 
nevertheless distinct part in two of the 
most important movements in the world's 
history, for few events stand out more con- 
spicuously within legal memory than the 
colonisation of America and the severance 
of the colonies, after nearly two centuries 
of dependent existence, from the mother 
country. It is generally recognised that 
in the twentieth century the centre of 
gravity of the world's politics has been 
moved from the New World to the Far 
East. The war between Eussia and 
Japan, followed by the treaty between 
the latter and Great Britain, marked 
the beginning of a period of new develop- 
ment, of which this generation cannot 
expect to see the completion. But if 
these events should prove to be of the 

* See " Report of the Historical Manuscripts Commission 
of the American Historical Association," 1896, pp. 573-659. 



JAPANESE MEMBERS 77 

importance which many consider likely, 
the historian of the future will be able 
to trace that it was the Middle Temple 
only among the four Inns of Court which 
took any part in assisting the Japanese 
nation to establish sound legal principles 
of government and justice. 

The Japanese statesmen engaged in 
guiding the destinies of the nation have 
received their education in the University 
of Tokyo, where they pass through the 
School of Law much in the same way as 
it has been shown that those who desired 
to take part in affairs of State in England 
were trained at the Inns of Court. The 
senior professor in the College of Law 
for more than twenty years has been 
Mr. Nobushige Hozumi, a member of the 
Middle Temple, while among his col- 
leagues are Professor Yasushi Hijikata, 
whose subjects are the Civil Code and 
English Law, and the Eoman Law Profes- 
sor, Hiroto Tomizu, who are also members 
of the Middle Temple. Dr. Eokuichiro 



78 THE MIDDLE TEMPLE 

Masujima and Mr. Teruhiko Okamura, 
both barristers of the same Inn, were 
formerly upon the staff of the college. 
Dr. N. Matsunami made a contribution 
towards the unification of the law re- 
lating to ooUisions at sea and merchant 
vessels among the maritime nations of 
the world in a volume written in the 
Middle Temple Library. Among the 
professors at the Tokyo University are, 
and have been, alumni of the American 
colleges of law, but the Middle Temple 
is the only Inn of Court represented on 
the list. While Japan has been framing 
her Constitution and modelling her laws, 
the influence of English law has been 
exercised through those who have re- 
ceived their training at the Middle 
Temple in the same way, though in a 
lesser degree, as the Inn contributed to 
the sound foundations upon which were 
built up the Federal Constitution and 
laws of the United States. 



VI 

THE MIDDLE TEMPLE 
LIBEARY 

It was formerly the custom for members 
of one family to attach themselves to a 
particular Imi of Court, much in the 
same way as they do now to one of 
the great public schools. At the end 
of the sixteenth century the names of 
Carew, Montagu, and Sandys, for ex- 
ample, will be found to occur constantly 
in the register of admissions to the 
Middle Temple. Among others who 
came to the Inn at that period were the 
three brothers Ashley, who belonged to 
a Wiltshire family. Anthony, the eldest, 
went through the course of study at the 
Middle Temple as part of a general 



8o THE MIDDLE TEMPLE 

education, supplemented by travel for 
the acquisition of foreign languages, to 
equip him for the service of the State. 
Some time before 1588 he was appointed 
Clerk to the Privy Council, and at their 
request undertook the translation of an 
important Dutch book on the art of navi- 
gation, entitled "The Mariner's Mirrour." 
He was knighted in 1596, and was made 
a baronet in 1622. He succeeded to the 
estates, at Wimborne St. Giles, of the 
Dorsetshire Ashleys, and through his 
only child, Anne, became an ancestor of 
the Earls of Shaftesbury. Kobert, the 
next brother, was fourteen years junior 
to Anthony. He proceeded so far in the 
study of the law as to be called to the 
Bar, but 

" finding the practice to have ebbes and tydes 
(as have for the most part all other humane 
employments)," so he wrote in the "Advertise- 
ment to Almansor/' " I have stolne and 
snatched at vacant times some opportunities; 
what by Travaile, Bookes and Conference ; to get 



FRANCIS ASHLEY 8i 

some knowledge of forreigne countries, and 
vulgar languages : especially those of our 
neighbours (I meane the French and Dutch, the 
Spanish and Italian), that by the perusing of 
their Writings, I might also bee made partaker 
of the Wisdome of those Nations ..." 

It was left to Francis, the youngest of the 
three brothers, to attain eminence in the 
practice of the law. He was admitted 
to the Inn in 1589, the year following 
Eobert's admission, was called to the 
Bar, and steadily rose in his profession. 
For some time he undertook Parlia- 
mentary duties as Member for the City 
of Dorchester, of which he was also 
Eecorder. Having served the office of 
Header at the Middle Temple, Francis 
Ashley was called to the degree of 
Serjeant, and knighted in 1618. He died 
in Serjeants' Inn in 1635. 

It was not wholly the uncertainty of 
success which led to Robert Ashley's 
abandonment of the practice of the law, 
for his writings sbow that the bent of 

M.T. G 



82 THE MIDDLE TEMPLE 

his mind was not in that direction. 
Nevertheless, he resided in the Inn and 
made it the headquarters from which 
to set out upon his journeys. Thus 
Ashley could watch the erection, under 
the direction of Edmund Plowden the 
Treasurer, of the fine new hall of the 
Middle Temple, and learn with interest 
of the confirmation in 1608, by James I., 
to the Inner Temple and Middle Temple 
of their ancient rights and privileges. 
Ashley outlived both his brothers and 
died in 1641, at the age of 76. He was 
buried in the Temple Church, and be- 
queathed his library* as an acknow- 
ledgment of the love '' he bore towards 
the Society of which, at his death, he 
was *' one of the most ancient Masters of 
the Utter Bar." He thought that in the 
keeping of the Society his books, of 
which many were " not easily to be mett 
withaU elsewhere," might ^'happily be 

* Ashley's will is printed in the "Middle Temple 
Records," vol. ii. p. 917. 



MOLYNEUX GLOBES 83 

usefull to some good spirittes" after him. 
It was his particular desire that, although 
for the especial use of members of the 
Middle Temple, they might be accessible 
to any *' student, whether of oure owne 
or of any forraigne nation, that may be 
curious to see somewhat which he can- 
not so readily finde elsewhere/* For the 
more effectual carrying out of his inten- 
tion, Ashley bequeathed £300 to provide 
a yearly revenue for ^* the governour or 
library keeper," besides the furniture of 
his chamber. 

It has been generally assumed that the 
Molyneux globes in the care of the 
Keeper of the Library formed part of 
Ashley's bequest, although there appears 
to be no reference to them in the records 
of the Inn before the year 1717. They 
were published in 1592 at the expense 
of Mr. William Sanderson, a munificent 
City merchant interested in geographical 
discovery. The globes were the work 
of Emery Molyneux, a mathematician 



84 THE MIDDLE TEMPLE 

resident in Lambeth, and were printed 
by Hondius, the Dutch engraver. The 
globes are 2 feet 2 inches in diameter, 
and were the largest that had been made 
up to the time of their publication. Upon 
the celestial as well as the terrestrial globe 
there is a dedication to Queen Elizabeth. 
It is remarkable that this set should be 
the only one in existence, though its 
association with the Honourable Society 
is not so curious as some have considered, 
who were not aware that several mem- 
bers were keenly interested in the 
colonising and exploring enterprises of 
the opening years of the seventeenth 
century. 

The Masters of the Bench lost no time 
in carrying out Mr. Ashley's wishes. Sir 
Peter Ball, the Queen's Attorney, and 
Dr. Littleton,* were requested to survey 
the books which were then catalogued, 
and have presses made for them in the 

* The reference appears to be to the Master of the 
Temple. 



LIBRARY KEEPER 85 

''lower Parliament chamber/' The £300 
was paid into the Treasury of the Inn, 
and the Bench agreed to allow eight per 
cent, interest per annum. Mr. William 
Cox, who was an ancient member of the 
Inn and an executor of the will, was 
called to the Bar without the usual 
formalities, "in consideration of this care 
and fidelity touching these legacies to 
the House." * In 1642 he was definitely 
appointed to the office of Keeper of the 
Library, and in 1646 his salary was fixed 
at JC20 per annum. Cox continued to 
carry out his duties for eleven years, and 
then was obliged to petition the Benchers 
" that in regard of his age and weakness 
of body he might have a fire in the 
Library and someone to look to sweep- 
ing and cleansing thereof." f Death 
seems to have relieved him before the 
Benchers made any response to his 
request, but his successors benefited 

* " Middle Temple Kecords," vol. ii. p. 919. 
t Ibid,, vol. iii. p. 1054. 



S6 THE MIDDLE TEMPLE 

from his petition by receiving an allow- 
ance of coal and the assistance of an 
official to perform the menial duties. 
Some of the library keepers, however, 
did not show the same fidelity to their 
trust as Cox. During the seventeenth 
century three of them had to be dis- 
missed for neglect of duty, after repeated 
attempts by the Benchers to induce them 
to amend their ways. 

Unhappily, there is no complete list of 
the books bequeathed to the Society by 
Ashley, but about sixty volumes can be 
identified as his property by the signature 
on the title-page. With one exception, 
they are all in Latin or some other foreign 
language, and give some idea of the varied 
nature of his collection. Among them 
are works on history and geography, 
theology and philosophy, chemistry and 
astrology, demonology and witchcraft, 
thus showing clearly that Ashley's tastes 
were for the curious and quaint in other 
tongues rather than the masterpieces in 



I 



COCKS'S REFEREES ^'; 

his own language. So far as can be 
traced, there was no edition of Shake- 
speare in the Library until the nineteenth 
century. The one book in English with 
Ashley's signature is Bishop Bilson's 
"True difference between Christian 
subjection and Unchristian rebellion," 
written at the desire of Queen EKzabeth 
against the King of Spain, and used with 
disastrous effect in later years by the 
enemies of Charles I. 

Around this nucleus has been gathered, 
by gift and purchase, a fine collection of 
books. In 1652, Mr. Charles Cocks, a 
Master of the Bench, gave ^100 for the 
purchase of books. He had previously 
conveyed to the Benchers certain pro- 
perty in the City of London, called 
Scales' Inn, from which to pay an 
annual fee of £20 to two Keferees. The 
Treasurer was to appoint two barristers 
of the Inn 

" to be Keferees, free Mediators and Composers 
of such differences, suits and demands as shall 



SS THE MIDDLE TEMPLE 

be voluntarily submitted, and refer'd by any 
person whatsoever, to their hearing and deter- 
mination, who are to give attendance in the 
Common Dining Hall of the Middle Temple, two 
days in every week in Term, viz. every Wednes- 
day and Friday from two till five o'clock in the 
afternoon, freely without fee received on either 
side, to hear and do their best endeavour to 
determine all such controversies, suits and 
demands, as shall be submitted unto them." * 

They were to be in attendance in the 
Hall for three hours in the afternoon on 
two days of the week. In the arrange- 
ment may be seen a seventeenth-century 
prototype of the poor man's lawyer. For 
many years in the last century the 
Keferees gave their fees for the purchase 
of books for the Library. 

The Benchers were obliged to decline 
one handsome offer of eight thousand 
volumes. John Selden died in 1654, and 
left his library to be divided among his 

* " Observations on the Constitution, Customs, and Usage 
of the Society of the Middle Temple," by Wm. Downing, 
p. 184. 



SELDEN'S LIBRARY 89 

executors *' or otherwise dispose of them 
or the choicest of them for some public 
use than put them to any common sale : 
it may do well in some convenient library 
public or of some college in one of the 
universities." * The books were offered 
first to the Inner Temple, whose finances 
did not permit the Benchers to provide 
suitable accommodation, and probably 
the same reason led to the decision of 
the Benchers of the Middle Temple. 
Finally, they were accepted by Oxford 
University, of which Selden was the 
representative during the whole of the 
long Parliament. 

In 1657 the Benchers directed that 
'* a book of parchment leaves shall be 
provided handsomely bound to register 
the names and gifts of benefactors." At 
the same time they ordered that '^ all 
law books which are or shaU come forth, 
shall be bought and placed " f in the 

* " Calendar of Inner Temple Records," vol. ii. p. cxix. 
t " Middle Temple Records," vol. iii. p. 1110. 



90 THE MIDDLE TEMPLE 

Library. The accounts show that the 
Benchers purchased not only law books, 
but also works of general literature, and 
as patrons of learning were ready to 
support the labours of scholars. '^ Chains 
for the books in the Library'* is a con- 
stantly recurring item, and the purchase 
of a foxtail demonstrates that attention 
was paid to the cleanliness as well as the 
security of the books. Among the bene- 
factions entered in the book of presenta- 
tions is £50 from Sir William Petyt for 
the purchase of books. He entered at 
the Middle Temple, but ** migrated" 
to the Inner Temple, and bequeathed to 
that Society his collection of MSS. and 
books acquired as Keeper of the Eecords 
in the Tower of London. The addition 
of this extensive collection to the posses- 
sions of that Honourable Society necessi- 
tated the appointment of a librarian in 
1708. 

The Benchers of the Middle Temple 
have always taken care to possess proper 



I 



CATALOGUES 91 

lists of the books. Upon the appoint- 
ment of a new librarian, the Library was 
surveyed by the Treasurer or a committee 
appointed for the purpose. Booksellers 
were commissioned to make a list of the 
books, which was attached to the bond 
given as security by the Library keeper. 
In 1655, £25 was paid to Mr. Moodyman 
for sorting and cataloguing the books, 
but no catalogue of that date is now in 
existence. The first printed catalogue 
was published in the year 1700, in the 
treasurership of Sir Bartholomew Shower, 
who also had the book for presentations 
rebound, with entries as to the hours of 
opening. Although for nearly half a 
century the Benchers had been adding 
all the law books published, the propor- 
tion to other classes of literature was not 
altered perceptibly. Mathematics, geo- 
graphy, history, and biography remain 
as the principal divisions in the catalogue 
of 1700, which is arranged according to 
subjects. The next catalogue was pub- 



92 THE MIDDLE TEMPLE 

lished during the treasurership of Master 
Worsley in 1734, but had its origin some 
years before in the work of one Henry 
Carey, who was clerk in the chapel at 
Lincoln's Inn. Making an appeal for 
employment to the Earl of Oxford, he 
wrote in 1717, in a letter preserved 
among the MSS. of the Duke of Portland, 
that he was — 

** Keeper of the Library in the Middle Temple, 
under John Troughton, Esq., where I employed 
myself in regulating and reducing to decency 
and order a place which through long neglect 
was become a perfect chaos of paper, and a 
wilderness of books, which were mixed and 
misplaced to such a degree that it was next to 
an impossibility to find out any particular book 
without tumbling over the whole. This under- 
taking cost me above twelve months' hard 
labour and pains, besides money out of my 
own pocket to transcribers. However, I went 
forward with the greatest alacrity because Mr. 
Ludlow, then Treasurer, encouraged me by 
repeated promises (which now I may call 
specious and empty) of reward when completed, 
as now it is, I having made a new catalogue in 



TRACTS 93 

five alphabets with columns (all of my own 
invention) of all the tracts contained in the 
library, which catalogue is one hundred sheets 
in folio, and the books are now so regularly 
ranged and the catalogue so plain, easy and 
exact, that anybody may go directly from it to 
any required book or pamphlet without any 
difficulty or hesitation; so that not only the 
catalogue but even the library itself are evident 
demonstrations of my labour, and instances of 
their ingratitude to me who egged me on to this 
work without rewarding me for it." * 

In cataloguing the tracts, Carey did a 
useful piece of work. They constitute 
an interesting collection, now bound in 
more than one hundred and sixty vol- 
umes. Sermons, political pamphlets, 
especially in relation to the conflict 
between the King and Parliament, and 
controversial letters form the greater 
part of a collection, in which there are 
valuable items, such as the description 
of Virginia, written by William Bullock, 
in his chamber in the Middle Temple, in 

* " MSS. of the Duke of Portland," vol. v. p. 553. 



94 THE MIDDLE TEMPLE 

1649. He admitted that he had never 
been inside the country, but obtained his 
information from books in six days, which 
was all the time allowed him by his 
patrons to write the compilation. 

It is difficult to trace the changes in 
the habitation of the books. At first 
they were under the Parliament Chamber, 
then a set of chambers was given up to 
them, but they were moved on more than 
one occasion. When Master Worsley 
wrote his account of the Inn, in 1734, 
the Library was described as No. 2, 
Garden Court. The lower part of the 
building was occupied by the kitchen of 
the Society. Maitland, in his chapter " of 
the Publick Libraries," in his '* History 
of London," published in 1739, wrote — 

" Tho' this Library be none of the largest, 
yet I am perswaded that it is of more use to the 
Inhabitants of this great City and Suburbs, than 
all the other publick Libraries put together. 
Therefore none has so good a claim to the Bene- 
factions of the Incouragers of Learning as this." 



NEW BUILDING 95 

Ireland, in his ^* History of the Inns of 
Court," published in 1800, judged from 
the " extreme dirtiness " of the books 
**that they have been little perused in 
the present era." The impression is 
confirmed by a note in the Times (June 
23), concerning the removal of the books 
in 1824 from the " miserable dirty hole 
in which they have long been concealed," 
to a new building forming an extension 
of the Hall. The blank in the book of 
presentations for nearly a century before 
the year 1826 would thus seem to have 
been typical of the condition of the 
Library. A bequest by Lord Stowell 
enabled the Society to add a collection 
of works on civil, canon, and ecclesiastical 
law. Their stay in that portion of the 
Society's buildings was brief, for on 
August 6, 1858, the foundation of a new 
library was laid by the Treasurer, Sir 
Fortunatus Dwarris. In an address he 
set forth an ideal for the composition of 
a law library — 



96 THE MIDDLE TEMPLE 

"First, it ought to contain the laws of all 
ages, and of all countries and the laws which 
governed them; the legum leges. Next, the 
most important, it should show the application 
of those laws in the thousands and tens of thou- 
sands of adjudged cases, reported from all the 
courts and accumulated and recorded in a law 
library." * 

He desired, further, that the Library- 
should be "not only a record of legal 
movement, but of all intellectual, moral, 
and social progress.'* The Library was 
opened by the Prince of Wales, now his 
Majesty the King, on October 31, 1861, 
when he was called to the Bar and Bench 
of the Inn. His arms emblazon the oriel 
window at the south end of the Library, 
while those of the Benchers at the time 
of its erection fill the north window. On 
the wall hangs a portrait of the founder 
by Thomas Leigh, painted by order of 
the Benchers. At the opposite end is a 
picture of Lord Brougham and M. Berryer, 
commemorative of the dinner given by 

* 31 Law Times, 257. 



ADVOCATE'S DUTY 97 

the Bar of England to the distinguished 
French advocate in the Middle Temple 
Hall on November 8, 1864. It was the 
occasion when Lord Chief Justice Cock- 
burn gave the definition of an advocate, 
which has become a classic. '^ The arms 
which he yields are to be the arms of the 
warrior and not of the assassin," he said. 
"It is his duty to strive to accomplish 
the interests of his client per fas, but not 
per nefas ; it is his duty, to the utmost 
of his power, to seek to reconcile the 
interests he is bound to maintain, and the 
duty it is incumbent upon him to dis- 
charge, with the eternal and immutable 
interests of truth and justice." 

A great improvement both to the 
external appearance and internal con- 
venience of the Library was effected by 
an addition made in 1906. 

The erection of a modern building has 
been followed by the furnishing of the 
shelves in accordance with the needs of 
the time. The books upon English, 

M.T. H 



98 THE MIDDLE TEMPLE 

Colonial, American, and foreign law, 
required for frequent reference, have 
thrust aside the older volumes of less 
practical use. But they still remain as 
part of the Library, so that it is possible 
to indulge in a reverie such as Francis 
Bacon penned, probably in the library 
of his own Inn of Court, in which he 
likened libraries to ^^the shrines where 
all the relics of the ancient saints, full 
of true virtue, and that without delusion 
or imposture, are preserved and reposed." * 
That exquisite charm which fascinates 
the reader as he forgets himself, his times 
and customs, by being brought into con- 
tact with the minds of past ages, is one 
which need not be obliterated by the 
necessity to keep pace with the require- 
ments of the twentieth century. Bacon 
himself recognised in the same passage 
the value of new editions, with ^'more 
profitable glosses, more diligent annota- 
tions and the like." With some con- 

* " Of the Advancement of Learning." The second book. 



FRANCIS BACON 99 

fidenoe, therefore, it may be assumed 
that the happy association of new and 
old in the Middle Temple Library would 
have received the approbation and admi- 
ration of the great lawyer and philosopher. 



VII 

SOME DISTINGUISHED MEMBERS 
OF THE MIDDLE TEMPLE 

The nineteenth century was marked by 
the resumption of royal visits to the 
Inns of Court. The published records 
of Lincoln's Inn close with the opening 
of the new Hall and Library by Queen 
Victoria on October 30, 1845. The 
address presented to her Majesty on that 
occasion referred to the fact that " nearly 
two centuries have passed away since 
the Inns of Court were so honoured by 
the presence of the Keigning Prince " — 
a reference to the visit paid by Charles II. 
in 1672. On the occasion of Queen 
Victoria's visit, the Prince Consort, who 
had studied English law under the direc- 



ROYAL BENCHERS loi 

tion of Mr. William Selwyn, was admitted 
and elected a Bencher of the Inn. Sixteen 
years later, when the Prince of Wales 
(now his Majesty the King) visited the 
Middle Temple for a similar purpose, he 
was admitted to membership, called to 
the Bar, and elected a Bencher. Prince 
Christian was made a Bencher of the 
Inner Temple at the opening of the new 
hall in 1870. 

Although reference has been made in 
the preceding pages to some distinguished 
members of the Inn, of which the King 
is the head, it may not be inappropriate 
to glance back through the four hundred 
years covered by the Eegisters and note 
the wonderful range of occupations and 
positions in which members of the Middle 
Temple have distinguished themselves 
and advanced the commonweal. 

The Treasurer in 1520 was Sir Amyas 
Paulet, of whom it is recorded that he 
had ordered Wolsey, when a young man, 
to be put into the stocks. 



I02 THE MIDDLE TEMPLE 

*' which affront," narrates Sir William Caven- 
dish, *'was afterwards neither forgotten nor 
forgiven; for, when the schoolmaster mounted 
so high as to be Lord Chancellor of England, 
he was not forgetful of his old displeasure most 
cruelly ministered unto him by Sir Amyas ; but 
sent for him, and after a very sharp reproof, 
enjoined him not to depart out of London, 
without licence first obtained; so that he con- 
tinued in the Middle Temple the space of five 
or six years, and afterwards lay in the Gate- 
house next the stairs, which he re-edified, and 
sumptuously beautified the same all over on 
the outside, with the Cardinal's arms, his hat, 
his cognisance and badges, with other devices, 
in so glorious a manner as he thought thereby 
to have appeased his old displeasure." * 

Whether the present gate stands upon the 
site of the old one is a matter of some 
doubt. In the Treasurership of Sir Amyas 
occurs an entry relating to the admission 
of Eichard Bere, the last but one of the 
mitred Abbots of Glastonbury, who was 
*^ pardoned exercising all vacations and 
oflBces," and permitted to be ^*in commons 

* " Harleian Miscellany," vol. v. p. 126. 



SERJEANTS' FEAST 103 

cand out of commons at his liking." It 
is added that '*for having the foresaid 
admission he gave to the Fellowship 
5 marks." Another distinguished eccle- 
siastic is referred to in an entry on May 
26, 1552, stating : '* Mr. Frankleyn, Dean 
of Windsor, is released from the Fellow- 
ship for a price of £S, on account of his 
old age." 

During the period of the missing 
volume of the Eegisters (1524 to 1551) 
were, no doubt, admitted, among others, 
three distinguished judges. Sir Anthony 
Browne, Sir Eobert Catlin, and Francis 
Morgan, whose feast, upon their being 
made Serjeants in 1555, is recorded with 
much detail by Dugdale in his ** Origines 
Juridiciales." The total cost was six 
hundred and sixty-seven pounds seven 
shillings and sevenpence, so that, taking 
into account the relative value of money 
in those days, the Serjeants must have 
found promotion to be a costly business. 
Included with these must be Sir Eobert 



I04 THE MIDDLE TEMPLE 

Bell, Speaker of the House of Commons, 
Sir James Dyer, a learned Chief Justice, 
William Fleetwood, Kecorder of London, 
and Eichard Eich, Lord Chancellor, 
though the last was hardly a credit to 
any society. Owing to this blank in 
the Eegisters, the admission of Edmund 
Plowden, who was held in high honour 
among his confreres, and is still remem- 
bered with respect, is not recorded, but 
we know that he was Treasurer from 
1561 to 1567. During that period the 
fine Hall was commenced, and when he 
retired from that office the management 
of the business connected with the build- 
ing was still confided to his care until 
its completion in 1570. His name is 
kept fresh in the memory by the build- 
ings in one of which is the office of the 
Treasury of the Society. 

Among the ancient families who have 
shown a loyal attachment to the Inn 
are many members who have had dis- 
tinguished careers. The Cornish family 



CAREW FAMILY 105 

of Carew had six representatives among 
the distinguished members * alone. Sir 
Matthew Carew, who was probably ad- 
mitted in the period for which the book 
is missing, was a Master in Chancery, 
and was followed, in 1612, by his son 
Thomas, the poet. Another branch of 
the same family was represented by Sir 
George Carew, who, after a diplomatic 
career, settled down as a Master in 
Chancery; his elder brother, Eichard 
Carew, remembered for his " Survey of 
Cornwall " ; and the eldest son of the 
latter, who followed his father as an 
author, and was made a baronet not long 
before his death in 1643. 

The family of Montagu of Northamp- 
tonshire occupies a notable position in 
the annals of the Inn throughout the 
sixteenth and into the seventeenth 

* For a catalogue with biographical notices of nearly 
one thousand, reference may be made to "Notable Middle 
Templars " (1902), by John Hutchinson, Librarian to the 
Hon. Society. 



io6 THE MIDDLE TEMPLE 

centuries. The line begins with Sir 
Edward Montagu, Chief Justice of the 
King's Bench, who is succeeded by his 
grandsons, Edward Montagu, first Baron 
of Boughton, and Henry, first Earl of 
Manchester. They were admitted in 
the usual course, but their younger 
brother James did not become a member 
until 1608, when he was Bishop of Bath 
and Wells, and associated with him on 
the occasion was Dr. Buckeridge, Bishop 
of Eochester. Edward's son William 
rose to eminence in the law, became 
Treasurer of the Inn in 1663, and received 
the honour of knighthood. The Earl of 
Manchester entered his sons' names as 
members, for one can hardly imagine 
that little fellows of five and four years 
old were brought to go through the 
customary formalities. The elder, Henry, 
became second Earl of Manchester, and 
occupied prominent positions in the State ; 
while his younger brother, Walter, having 
got into trouble in this country, adopted 



HYDE FAMILY 107 

the monastic life, and became Abbot of 
St. Martin, near Pontoise. A still younger 
brother, George, was also a member, and 
likewise his son James, who pursued a 
legal career with success, but transferred 
his allegiance to Lincoln's Inn. To 
another branch of the family belonged 
the famous Admiral, the first Earl of 
Sandwich, who, as a boy of ten, was 
admitted a member. A similar record 
is presented by the Hydes of Wiltshire. 
There were more than thirty members 
belonging to different branches of the 
family. The grandfather of Lord Chan- 
cellor Clarendon was Laurence Hyde, of 
Westhatch, Wiltshire. Three of his sons 
became members of the Inn. Laurence, 
the second, was admitted on November 
19, 1580. He was admitted to a chamber, 
and in due course was called to the Bar 
on February 7, 1588-9. From that time 
he advanced steadily in the Inn and in 
the practice of his profession. He be- 
came Bencher, Reader, and, in 1616, 



io8 THE MIDDLE TEMPLE 

Treasurer of the Inn, where he was 
frequently occupied in its affairs. His 
proficiency in the law obtained for him 
the post of Queen's Attorney and the 
honour of knighthood. Gradually, with 
advancing years, he relinquished his 
active interest in the concerns of the 
Inn, and transferred his Bench chamber 
in Brick Court to his son Eobert upon 
his becoming Lent Eeader. The Bench 
thereupon record in the minutes of Par- 
liament, under date June 21, 1639 — 

"Mr. Robert Hyde, a Master of the Bench, 
shall be admitted absolutely into the chamber 
of Sir Laurence Hyde, his father, a Master of 
the Bench, a Bencher's chamber which he in- 
tends to relinquish on account of his great age. 
He has presented to the Masters a very fair 
gilt bowl and cover in token of his love and 
thankfulness to the Society.'* 

Sir Laurence's younger brother, Ni- 
cholas, was admitted on July 14, 1590, 
called on November 24, 1598, and in 1601 



LORD CLARENDON 109 

went into a chamber called ** Le Cock- 
lofte." Sir James Murray defines the 
word as being applicable to a small 
apartment under the very ridge of the 
roof, to which the access is usually by a 
ladder. In due course he was called to 
the Bench of the Inn, and naturally felt 
that such a place '^was not fit for a 
Bencher,'^ so relinquished it in 1619 for 
another. He filled the offices of Eeader 
and of Treasurer during 1626, when new 
buildings were erected near the Hall and 
in the garden. Shortly after he had to 
take leave of the Inn upon becoming 
Serjeant. 

Henry Hyde, the father of the great 
Chancellor, came midway in the family, 
between Laurence and Nicholas. He 
entered at the Middle Temple in 1585, 
and from time to time occupied a 
chamber, but does not appear to have 
pursued the study of the law with any 
degree of earnestness. It would seem 
that he did not either intend his son to 



no THE MIDDLE TEMPLE 

follow the practice of the law. He 
entered Edward at Magdalen Hall, 
Oxford, where he took his B.A. degree 
in 1626. " But his elder brother dyinge, 
and his father dead also," Sir John 
Bramston tells us, "he removed to the 
Middle Temple, where his two uncles 
were at that tyme Benchers, and in good 
esteeme. There he continued, and was 
called to the Barr ; and, beinge a scholar, 
and of good parts, grew into acquaintance 
with the best accomplished gentlemen of 
his tyme." The writer was his chamber 
fellow, and " continued a strict friendship 
ever after " with him. 

Edward Hyde was called to the Bar 
on November 22, 1633, but appears to 
have been somewhat inattentive to his 
duties, as he was fined on more than one 
occasion. In 1636 he moved to a " whole 
chamber on the second floor in the new 
buildings in Pumpe-court on the west 
side thereof," but the Commonwealth 
Parliament compelled the Benchers to 



THE CHARTER OF 1608 iii 

admit Eobert Eeynolds to the chamber 
in 1644. It would seem, however, that 
his son regained possession, as an entry 
in 1665 directs that ''the Treasurer shall 
attend the Lord Chancellor to know whom 
he will nominate to be admitted into the 
chamber in Pumpe-court, late his son's." 
As Chancellor, the Benchers asked for 
his assistance on several occasions re- 
specting matters of the domestic govern- 
ment of the Inn. 

Eeverting to the year 1608 as being 
the date at which James I. granted a 
charter to the two Temples, some further 
additions may be made to the list of 
distinguished members, who had either 
been admitted when young and then 
gained high positions, or had been 
received into the fellowship honoris causa. 
There were Henry Percy, Earl of North- 
umberland; Kichard Weston, first Earl 
of Portland; Sir Henry Wotton, Sir 
Thomas Edmondes, and Sir Isaac Wake, 
skilful diplomatists ; George Sandys, son 



112 THE MIDDLE TEMPLE 

of the Archbishop, and a poet of some 
merit; Henry Somerset, first Marquess 
of Worcester ; John Ford, the dramatist ; 
Henry Howard, Earl of Northumberland ; 
and Sir Kichard Lane, who was then 
studying for the Bar, to which he was 
called in 1612. In that year there occurs 
the entry of a distinguished name — Inigo 
Jones, the architect — which at first sight 
seems unusual, but it was the custom 
for the Inn to admit as members without 
fee those who had served them faithfully 
in some capacity, whether it were upon 
a special piece of work, as, no doubt, in 
this instance, or in the ordinary routine 
of an official of the Inn. 

During the troubles which stirred the 
nation and left people with little oppor- 
tunity or desire for the quieter pursuits 
of life, the Inn was well represented 
among those who espoused the Eoyalist 
cause. But even then its catholicity was 
still noticeable, for among the leaders of 
the Parliamentarians it was represented 



IRISH MEMBERS 113 

by John Pym, Sir John Maynard, Bul- 
strode Whitelocke, and Henry Ireton, 
besides the two historians of the period, 
who favoured them — Sir Symonds D'Ewes 
and Clement Walker. 

In the closing years of the seventeenth 
century the entries of admissions are 
notable for the number of names of men 
who are remembered as writers upon 
different subjects, for example, John 
Bridges (the topographer), John Asgill, 
John Anstis, William Congreve and 
Nicholas Kowe (dramatists), Charles 
Hopkins and William Somerville (poets), 
and Charles Viner (founder of the Vinerian 
Professorship). 

Eemembering the restrictions placed 
in earlier years upon the admission of 
Irishmen, it is interesting to note in the 
eighteenth century the contribution of 
the Sister Isle to the list of distinguished 
men. Gathering them together in chrono- 
logical order according to the date of 
their admission, we have Charles Molloy 

M.T. I 



114 THE MIDDLE TEMPLE 

(dramatist), Edmund Burke, Arthur 
Murphy (actor), Sir Richard Musgrave 
(writer on politics), Henry Grattan, Hugh 
Boyd (essayist), John Philpot Curran, 
Richard Brinsley Sheridan, Leonard Mac- 
nally (playwright), Theobald Wolfe Tone, 
Lord Cloncurry, and, almost at the end 
of the century, Thomas Moore, the poet. 
It is a list which will bear comparison 
with that furnished by the remaining 
members of the Inn, among whom we 
find Arthur Onslow, the Speaker of the 
Commons, and his eldest son George, 
first Earl of Onslow, with Philip Yorke, 
first Lord Hardwicke, and his two sons, 
Philip and Charles, of whom the latter, 
following his father's example, migrated 
to Lincoln's Inn ; and Blackstone, Lords 
Kenyon and Ashburton, Richard Pepper 
Arden, and Lords Stowell, Eldon, and 
Tenterden. In literature may be noted 
the names of the poet Cowper, Richard 
Lovell Edgeworth, Thomas Day, of 
'^Sandford and Merton" fame, and 



BISHOPS 115 

Tickell, the dramatist ; and among states- 
men, Lords Auckland and Colchester, 
Su' Benjamin Hobhonse, and the second 
Earl Grey. Admission to the Inn did not 
determine the career of its members even 
when their intention was to follow the 
law. Many have forsaken it in order to 
take Holy Orders, and among those who 
rose to prominent positions in the Church 
may be noted Bishops Horsley, Durnford, 
and Lonsdale, and Thomas Sherlock 
(afterwards Bishop of London), the only 
Master of the Temple who was also a 
member of the Inn. 

Passing into the nineteenth century, 
it becomes increasingly diflScult to make 
a selection for mention, but still the 
prevailing feature is the wonderful 
variety of callings to which the members 
have devoted their energies. Law and 
literature, of course, predominate. With 
Dickens, Thackeray, Henry Nelson Cole- 
ridge, John Payne Collier, De Quin- 
cey, Thomas Noon Talfourd, Winthrop 



ii6 THE MIDDLE TEMPLE 

Mackworth Praed, Abraham Hayward, 
CapeU Lofft, Delane, "A.K.H.B./' and 
Blackmore admitted to the Inn before the 
completion of the first half of the century, 
it may, perhaps, be thought that litera- 
ture claims the first place. But who 
can decide when among the lawyers are 
found Sir Frederick PoUock, Sir J. T. 
Coleridge, and his son Lord Coleridge, 
Sir Maziere Brady, Lord Chancellor 
Westbury, Sir John Jervis, Sir Alexander 
Cockburn, Sir G. Cornewall Lewis, Sir 
T. Erskine May, Sir George Bowyer, Sir 
Eobert Phillimore, Sir J. E. Quain, and 
Lord Hannen ? 

It is too soon yet to estimate the 
position of men whose work was done 
during the closing years of the nineteenth 
century, but it may be noted that of the 
Benchers at the date of the opening of 
the Library the King is the sole survivor. 

Thirteen years after his call to the 
Bench, the Prince of Wales again visited 
the Inn, where he took his place in Hall 



KING EDWARD VII 117 

on the Grand Night of Trinity Term, 
1874 (June 11). The next occasion of 
his attendance was to be present on 
June 10, 1885, upon the admission of his 
eldest son, Prince Albert Victor, the late 
Duke of Clarence, to the Bench table of 
the Inn. Archbishop Benson recorded 
in his Diary — 

** Dined Middle Temple on their Great Grand 
Day. Very striking, 430 in Hall. Prince 
Edward made a Bencher. According to their 
custom sat above Prince of Wales, whose guest 
I was supposed to be, and next to the Treasurer, 
the Master of the Temple being the chief guest 
on the Treasurer's right." 

In the Jubilee year of Queen Victoria, 
the Prince consented to fill the office of 
Treasurer, with Sir Peter Edhn as his 
acting-deputy, and during the year 1887 
dined in Hall on two occasions, viz. 
June 15, for the Inn's commemoration 
of the Jubilee, and November 25, at the 
close of his term of office. As Prince of 
Wales, the King also dined on April 9, 



ii8 THE MIDDLE TEMPLE 

1891, and on May 5, 1893, shortly after 
his son, then the Duke of York, had 
become a Bencher of Lincoln's Inn. 
Mr. Justice Wills, the Treasurer of the 
year, proposed the health of the new 
Bencher, and his father, in returning 
thanks, performed an act of courtesy 
which met with general appreciation, in 
paying a similar compliment to Mr. 
Justice Hawkins, afterwards Lord Bramp- 
ton, upon celebrating the jubilee of his 
call to the Bar. On November 2, 1903 
the King of England, for the first time 
in his right as a Bencher and not as an 
invited guest, took his place at the Bench 
table of an Inn of Court on Grand Night. 
It was the first opportunity since his 
Coronation, and to commemorate that 
event an elaborate silver-gilt loving cup 
with four massive salt-stands was designed 
and made for the Society. 

The rise and development of subsidiary 
organisations during the last century have 
overshadowed the position of the Inns of 



LEGAL EDUCATION 119 

Court, but the ultimate authority remains 
with the Benchers. A board of examiners 
tests the capacities of a candidate who 
has not a university or similar qualifica- 
tion ; but the Inn of Court requkes 
satisfactory credentials before he can be 
admitted as a member after passing the 
test. No one can compel them to admit 
a student, just as no one can question 
the rejection of a student by the autho- 
rities of a university. Although the 
Benchers of the four Inns have dele- 
gated the duty of examining the educa- 
tional qualifications of the candidates 
for admission to the Bar to the Council 
of Legal Education, constituted in 1852, 
they decide all other questions relating 
to their fitness. The rules as to the 
admission of students, the mode of keep- 
ing terms, the education and examina- 
tion, the calling of students to the Bar, 
and taking out of certificates to practise 
under the Bar, are contained in the con- 
solidated regulations of the four Inns of 



120 THE MIDDLE TEMPLE 

Court. The pursuit of certain occupa- 
tions is regarded as incompatible with 
the practice of the law. 

In matters of professional conduct 
minor jurisdiction is exercised by the 
circuit-mess, which was originally formed 
for the social purpose of dining by the 
barristers practising on a circuit. Simi- 
larly, there are organisations attached 
to quarter sessions. The chief authority 
in matters of legal etiquette and profes- 
sional conduct is the General Council 
of the Bar, which, in 1894, succeeded 
the Bar Committee constituted in 1883. 
It is supported by the four Inns of Court, 
who are directly represented by sixteen 
members. It possesses no direct disci- 
plinary powers, and its rules are only 
matters of etiquette and not of law. Its 
rulings have the support of the profes- 
sion, but are not binding outside it. The 
Council is recognised as the representa- 
tive of the Bar by the judges and Legis- 
lature. It is always ready to afford 



MR. CHOATE 121 

guidance to barristers in their relations 
with solicitors and clients or their status 
in the courts ; but any incident requiring 
disciplinary consideration, even if it 
occurs in the courts, is referred to the 
Benchers of the Inn by whom the offend- 
ing barrister was called to the Bar. 

Another event, unique in the annals 
of the Inns of Court, occurred at the 
Middle Temple during the present cen- 
tury. On May 9, 1905, Mr. Joseph 
Choate became an honorary Bencher 
upon his resignation of the post of 
American Ambassador at the Court of 
St. James. British subjects had pre- 
viously been admitted to that honour 
in the persons of Lord Ashbourne and 
Sir Edmund Barton at Gray's Inn, and 
Lord Eobertson at the Middle Temple; 
but no non-British subject had ever 
before been received into the governing 
body of an Inn of Court. The associa- 
tion of the Middle Temple with the 
establishment of sound government in 



122 THE MIDDLE TEMPLE 

the American Commonwealth, and the 
admission to membership of the repre- 
sentatives of another great Eepublic — 
the Venetian Ambassadors, Antonio Fos- 
carini and Pietro Mocenigo, became 
members in 1614 and 1617 respectively — 
afforded sound reason for this departure 
from precedent. The action of the 
Benchers was cordially appreciated on 
the other side of the Atlantic, and has 
been reciprocated by the admission of 
Mr. Bryce to membership of the American 
Bar Association. These incidents in the 
recent history of the Inns show that the 
words of King James' patent have re- 
ceived an extended application in the 
course of time. Whatever may be the 
diJBferences in the practice of the courts 
or the qualifications of members of the 
Bars of the States of America and Aus- 
tralia, the Dominions of Canada and 
New Zealand, the Provinces of South 
Africa and the West Indian Colonies, 
they all recognise their common ancestry 



IN ALL THE WORLD 123 

in the four Inns of Court, and regard 
the standard of sound justice and true 
liberty upheld by their members as the 
model for their own professional lives 
and conduct. 



INDEX 



Advocate — 

Cockburn's definition of, 97 
Advocates — 

supply of, 4, 27 
Agmondesham, Henry, 37 
"A.K.H.B.,"116 
Albert Victor, Duke of Clarence, 

Amadas, Philip, 35 
America — 
independence of, 71-70 
settlement of, 40-50 
Anstis, John, 113 
Apprentices of the Law, 4 
Arden, Richard Pepper, 114 
Asgill, John, 113 
Ashbourne, Lord, 121 
Ashburton, Lord, 114 
Ashley, Anthony, 34, 39, 79 
Francis, 81 
Robert, 39, 45, 80-83 
bequest of, 83 
books belonging to, 86, 87 
founder of Middle Temple 

Library, 40, 82, 83 
portrait of, 96 
Ashmole, Elias, 63 
Attorney, exclusion of, 27 
Auckland, Lord, 115 

B 

Bacon on Libraries, 98, 99 
Ball, Sir Peter, 84 



Bar Council, 120 
Barbon, Dr. Nicholas, 63 
Barlow, Arthur, 35 
Barrister — 

oath of, 14 
Barristers' Roll, 13, 14 
Barton, Sir Edmund, 121 
Beadall. Gabriel, 42 
Bell, Sir Robert, 104 
Benchers — 

authority of, 20 

chambers of, 31 

conflict in Middle Temple 
with, 68-70 ^ 

Benson, Archbishop, 117 
Bere, Richard, Abbot of Glas- 
tonbury, 102 
Berkeley, Lord, 56 
Berryer, M., dinner to, 97 

portrait of, 96 
Bilston's "True difi-erence be- 
tween Christian subjection 
and Unchristian rebellion." 
87 
Blackmore, 116 
Blackstone, 114 
Bond, Phineas, 75 
Bowyer, Sir George, 116 
Bowyer, Thomas, 37 
Boyd, Hugh, 114 
Brady, Sir Maziere, 116 
Brampton, Lord, 118 
Bramston, John, 55 

diary quoted, 110 
Brick Court, 16 



126 



INDEX 






Bridges, John, 113 
Brooke, Christopher, 47, 48 
Brougham, Lord, 9G 
Browne, Sir Anthony, 103 
Bryce, Mr., 122 
Buckeridge, Dr., 23, lOG 
Bullock's description of Vir- 
ginia, 98, 94 
Burke, Edmund, 114 



C 



Call to the Bar- 
limitation of number, 27 

origin of, 3 
Carew, Sir George, 105 

Sir Matthew, 105 

Eichard, 105 

Thomas, 105 
Carey, Henry, Letter to Earl of 

Oxford, 92,93 
Carlingford, Earl of, CO 
Catlin, Sir Robert, 103 
Charles L, Inns of Court sup- 
port, 52 

masque before, 51 

plate pawned by, 19 
Charles II.'s visit to Inns, 56, 

57, 100 
Chaucer quoted, 6 
Chettle, Richard, 49 
Choate, Mr. Joseph. 121 
Christian, Prince, 101 
Christian VII., King, 71 
Circuit-mess, 120 
Clarence, Duke of, 117 
Clarendon, Earl, 107, 110-111 
Cliflford, Lord, 56 
Clifford's Inn, 11 
Cloncurry, Lord, 114 
Cockburn, Sir Alexander. 14, 

97, 116 
Cocks, Charles, 87 



Coke quoted; 19 
Colchester, Lord, 115 
Coleridge, H. N., 115 

Sir J. T., 116 

Lord, 116 
Collett, Thomas, 46 
Collier, John Payne, 115 
Commonwealth, Inns of Court 

during, 53-54 
Congreve, William, 113 
Cowper, poet, 114 
Cox, William, 85 
Crashaw, Rev. William, 43 
Cratford, Charles, 49 
Culpepper, Thomas, 49 
Currau, John Philpot, 114 



Dale, Matthew, 37 

Day, Thomas, 114 

Declaration of Independence, 
signatories of, 71-72 

Delane, 116 

Delaware, Lord, 43 

Denmark, King of, 71 

De Quincey, 115 

D'Ewes, Sir Symonds, 113 

Dickens, Charles, 115 

Dickinson, John, 74 

Drake, Sir Francis, 39 
reception of, 37 

Dugdale, " Origines Juridici- 
ales" quoted, 6, 56, 103 

Dumford, Bishop, 115 

Dwarris, Sir Fortunatus, Trea- 
surer, 95 

Dyer, Sir James, 104 



E 



Edgeworth, Richard Lovell, 114 
Edlin, Sir Peter, 117 



INDEX 



127 



Edmondes, Sir Thomas, 111 

Edward VII., King- 
coronation of, 118 

• opens Library, 96, 101 
Treasurer, 117 
visits to IMiddle Temple, IIG- 
118 

Eldon, Lord, 114 

Evelyn, John, 59 
diary quoted, 55, 56, 61 

F 

Ferrar, Erasmus, 45 
Nicholas, 46 
William, 45 
Finch, Heneage, Earl of Win- 

chilsea, 56, 57 
Fire of London, 62 
Fleetwood, William, 104 
Ford, John, 112 
Fortescue, « De Laudibus 

Legum AnglisB," quoted, 

9,10 
Foscarini, Antonio, 122 
Frankleyn, Dean of Windsor, 

103 
Frobisher, Sir Martin, 39 

G 

Gilbert, Adrian, 36 

Sir Humphrey, 36 
Goodericke, Sir Francis, 57 
Gosnold, Anthony, 40 

Bartholomew, 40 
Governors of the Inns, 24 
Grattan, Henry, 114 
Gray's Inn — 

prominence of, 15 

treasurers in, 24 
Grey, Earl, 115 
Guilds, constitution of, 1, 2, 6 



Hakluyt, Richard, 33, 35 

associate of the Bench, 36 
Hakluyt, Richard, 33 
Halifax, Marquess of, 60 
Hamilton, Duke of, 60 • 
Hanham, Thomas, Reader of 

Middle Temple, 37, 38 
Hanham, Thomas, 38 
Hannen, Lord, 116 
Hardwicke, Lord, 114 
Hawkins, Sir John, 39 

Mr. Justice, 118 
Hay ward, Abraham, 1 16 
Henry, Prince, 30 
Herbert, Edward, 48 
Heyward, Thomas, 72 
Hijikata, Yasushi, 77 
Hobhouse, Sir Benjamin, 115 
Holy Communion — 

administration of, 9, 26 
Hondius, 84 
Hopkins, Charles, 113 
Horsley, Bishop, 115 
Howard, Henry, Earl of North- 
umberland, 112 
Hozumi, Nobushige, 77 
Hutchinson's " Notoble Middle 

Templars," 105 n. 
Hyde, Edward, 107, 110 

Henry, 109 

Laurence, 107 

Sir Laurence, 47, 107, 108 

Nicholas, 47, 108 

Robert, 108 



Inner Temple — 
census of, 15 
chambers in, 15 
Charles H.'s visit to, 56,57 



128 



INDEX 



Inner Temple — continued 

earliest mention of, 7 

equality with Middle Temple, 
8,9 

Great Fire in, 62 

records of, 12, 67 

revels in, 61 
Inner Temple Gateway, 30 
Inner Temple Hall, opening of, 

101 
Inner Temple Library, 62, 89, 

90 
Inns of Chancery — 

dissolution of, 11 

Fortescue's reference to, 10 

Readers of, 11, 27 

relationship to Inns of Court, 
11 
Inns of Court — 

admission to, 119 

attorneys not admitted, 27 

Civil Wars' effect upon, 53 

Coke's description of, 19, 20 

curriculum of, 10, 26, 119 

earliest mention of, 4, 5 

entertainments given by, 51, 
54, 56, 59, 60, 65 

guilds of masters, 2 

judges' authority in, 3 

origin of, 2 

plague in, 52 

Privy Council regulations, 
25-27 

relationship to Inns of Chan- 
cery, 11 

removal of, 52 

strangers expelled from, 26 

world-wide influence, 122 
Ireland's Inns of Court quoted, 

95 
Ireton, Henry, 113 
Irishmen, 113, 114 



James I. — 

gold cup presented to, 19 

patent granted by, 17, 18, 122 
Japan — 

Middle Templars in, 77,78 
Jermyn, Philip, 48 
Jervis, Sir John, 116 
Jolles, Sir John, 41 
Jones, Inigo, 112 
Judges — 

visitor ial jurisdiction of, 3 



Kenyon, Lord, 114 

King of England at Middle 

Temple, 118 
Kingsbury, Miss, 47 
Knights Hospitallers, 5 



Lane, Ralph, 35 

Sir Richard, 112 
Lee, Arthur, 74 
Sir Robert, 41 
Legal Education, Council of, 1 19 
Leigh, Thomas, 96 
Levant Company, 41 
Lewis, Sir G. Cornewall, 116 
Libraries, Bacon's description 

of, 98 
Lincoln's Inn, Charles II.'s ad- 
mission to, 57 
Governors of, 24 
library of, 100, 101 
Orange, Prince of, visit to, 

59 
Queen Victoria's visit to 

100, 101 
records of, 12, 100 



INDEX 



29 



Littleton, Dr., 84 
Livingston, William, 74 
Lofft, Capell, 116 
Lonsdale, Bishop, 115 
Lowe, Sir Thos., 41 
Lynch, Thomas, 72 



M 

McKean, Thomas, 72 
Macnally, Leonard, 114 
Maitland's "History of Lon- 
don " quoted, 94 
Manchester, Earl of, 107 
Martin, Kichard, Header of 

Middle Temple, 44 
Master of the Temple, 9, 29, 53, 

117 
Masujima, Rokuichiro, 7 ^ 
Matsunami, N., 78 
May, Sir Humphry, 46 

Sir T. Erskine, 116 
Maynard, Sir John, 113 
Middle Temple- 
building in, 15, 63 

census of, 15 

chambers in, 15 

City Corporation and, 64 

colonising furthered by, 39 

custody of records, 12 

Denmark, King of, at, 71 

drinking by, 7 

earliest mention of, 7 

equality with Inner Temple, 
8,9 

family attachment to, 79, 
104 

fire in, 63 

history of, 68 

Irishmen at, 113,114 

Japanese students in, 77, 
78 



Middle Temple — continued 

King's visits to, 116-118 

Lord of Misrule in, 69 

masque in, 55 

members'insubordination, 68- 
70 

officials made members, 112 

records of, 12, 38, 67 

Referees in, 87, 88 

Under-Treasurer in, 24 

Vacation Parliament in, 69 
Middle Temple Gate, 48, 102 
Middle Temple Hall, 71 

building of, 82, 104 

description of, 17 

old building, 1 5 

portraits in, 17 

" Twelfth Night " in, 52 
Middle Temple Lane, 16 
Middle Temple Library — 

Ashley's books in, 84, 86 

catalogTie of, 84, 91, 92, 93 

chains in, 90 

excellence of, 94 

foundation of, 82 

gifts to, 89, 91 

ideal for, 96 

keeper of, 83, 85 

new building for, 95, 97 

Petyt's gift to, 90 

purchases for, 90 

Selden's books offered to, 88, 
89 

Stowell's bequest to, 95 

tract catalogue, 92, 93 

windows in, 96 
Middle Temple Treasury, 104 
Midleton, Arthur, 72 
Mocenigo, Pietro, 56, 122 
MoUoy, Charles, 113 
Molyneux, Emery, 83 
Molyneux globes, 83, 84 
Monmouth, Duke of, 55 



M.T. 



K 



130 



INDEX 



Montagu, Sir Edward, 105 

Edward, Baron Boughtou, 
106 

George, 107 

Henry, Earl of Manchester, 
106 

Henry, second Earl of Man- 
chester, 106 

James, 106 

James, 107 

Walter, 106 

William, 106 
Moone, Churchill, 49 
Moore, Thomas, 114 
Morgan, Francis, 103 
Moulin, Jacques du, 56 
Murphy, Arthur, 114 
IMusgrave, Sir Eichard, 114 



N 



Norris, Admiral, 39 
North, Francis, 59 
North, Koger, 59, 63 
Northumberland, Earl of, 41, 
112 



Okamura, Teruhiko, 79 
Onslow, Arthur, 114 

George, 114 
Orange, Prince of, 58, 59 
Ormond, Duke of, 60 



Paget, Lord, 47 
Parliament of Inn — 

meeting of, 13 

proceedings of, 13 
Patent, King James's, 18, 19, 
82, 122 



Paulet, Sir Amyas, treasurer , 
101, 102 

Peckham, Sir Henry, 56 

Percy, George, 41 
Henry, 111 

Petyt, Sir William- 
bequest by, 90 

Phillimore, Sir Robert, 116 

Plowden, Edmund, treasurer, 
4 n., 82, 104 

Plowden Buildings, 104 

Pollock, Sir Frederick, 116 

Popham, Sir John, Treasurer of 
Middle Temple, 37, 38, 39, 
41 

Praed, Winthrop Mack worth, 
116 

Prince Consort, bencher Lin- 
coln's Inn, 101 

Pumpe-court, 110, 111 

Pym, John, 113 

Q 
Quain, Sir J. R., 116 

R 

Radnor, Earl of, 60 
Raleigh, Sir Walter, 34, 35, 36 , 
40 

knowledge of law, 34 
Randolph, Peyton, 74 
Rashdall's " Universities in the 
Middle Ages" quoted, 1, 7 
Readers — 

arms of, 17 

duties of, 20, 21 

feasts of, 21, 23, 55, 59-60 

reading of, 21, 23, 27, 63 
Referees, 87-88 
Reynolds, Robert, 110 
Rich, Richard, 104 
Robertson, Lord, 121 



INDEX 



131 



Roe, Sir Thomas, 48 
Bo we, Nicholas, 113 
Eutledge, Edward, 71 
John, 72-74 



S 



Sanderson, William, 83 
Sandwich, Earl of, 107 
Sandys, Edwin, Archbishop of 
York, 33 
Sir Edwin, 45, 48 
treasurer of Virginia Com- 
pany, 45 
George, 111 

Miles, Treasurer of the Mid- 
dle Temple, 33, 39, 45 
Thomas, 45 
Savile, Sir John, 37 
Scales' Inn, 87 
Selden, John, 48 

library of, 88-89 
Selwyn, William, 101 
Serjeants — 
call of, 70 
degree of, 2, 3 
feast of, 103 
Shaftsbury, Earls of, 80 
Sheridan, Richard Brinsley, 

114 
Sherlock, Thomas, 115 
Shower, Sir Bartholomew, 91 
Somerset, Duke of, 60 
Henry, Marquess of Worces- 
ter, 112 
Somerville, William, 113 
Spenser quoted, 16 
Stowell, Lord, 114 
bequest to Middle Temple 
Library, 95 
Symonds, Rev. William, 43 



Talfourd, Thomas Noon, 115 
Temple — 

assessment of, 53 

buildings in 17-18, 30-31, 62, 
63,65 

Chaucer's reference to, 6 

division between Inner and 
Middle, 7, 8 

iires in, 63 

Lord Mayor in, 64 

oflSces in, 32 

Orange, Prince of, visit to, 
58,59 

partition deed relating to, 67 

plague in, 52, 61, 65 

rent of, 18, 19 

revels in, 61 

right of sanctuary in, 28 

shops in, 32, 42 

Wat Tyler in, 5, 6 
Temple Church — 

business in, 30 

Communion in, 9 

description of, 29-30 

grant of, 29 

Knights Hospitallers pos- 
session of, 5 

patent preserved in, 19 

Reader in, 29, 43 
Temple Stairs, 16 
Tenterden, Lord, 114 
Thackeray, W. M., 115 
Thorpe, George, 46 
Tickell, 115 
Tokyo University, Professors of, 

77,78 
Tomizu, Hiroto, 77 
Tomlyns, Richard, 46 
Tone, Theobald Wolfe, 114 
Tracy, William, 46 
Tradescant collection, 63 



132 



INDEX 



Treasnrer — 
appointment of, 23, 25, 53 
duties of, 24, 25 
position of, 23, 24, 25 
records in charge of, 12 

Troughton, John, librarian, 92 

" Twelfth Night," 52 



U 

University, definition of, 1 



Vere, Sir Francis, 39 
Victoria, Queen, 100, 117 
Villiers, George, Duke of Buck- 
ingham, 55 
Viner, Charles, 113 
Virginia — 

governor of, 36 

proposals for colonising, 36 

settlers in, 40, 42, 43, 45 
Virginia Company, 38, 40 

charter of, 41 

counsel to, 44, 47 

dissolution of, 49 

members of, 38, 40, 41 

proceedings of, 48 

records of, 46-47 



Virginia Company — continued 
sermons before, 43 
treasurer of, 45 

W 

Waghenaer's naval work, 34, 80 

Wake, Sir Isaac, 111 

"Walker, Clement, 113 

Wattes, Sir John, 40 

Westbury, Lord Chancellor, 116 

Weston, Richard, Earl of Port- 
land, 111 

Wheat, William, 49 

Whitaker, Eev. Alexander, 44 

Whitelocke's " Liber Fame- 
lieus" quoted, 21-23 

Whitelocke, Bulstrode, 23, 113 

Wills, Mr. Justice, 118 

Wolsey, anecdote of, 102 

Worcester, Marquess, 112 

Worsley, Master, 92 

Worsley's Book, 68, 94 

Wotton, Sir Harry, 111 



York, Duke of, 56, 57 

Duke of, 118 
Yorke, Charles, 114 

Philip, Earl Hardwicke, 114 

Philip, 114 



THE END 



PBINTBD BT WILLIAM CLOWES AND SONS, LIMITED, 
LONDON AND BBCCLBS. 



I( 



rQ 


K\ 


^ WM 


03 J 


:1^ 


H\ p 


4pq 


\ 


i 

i 

1 


^ 




c>- 




> 




V 




O 









University of Toronto 
Ubrary 

DO NOT 

REMOVE 

THE 

CARD 

FROM 

THIS 

POCKET 



Acme Library Card Pocket 

Under Pat "Ref . Index FUe" 

Made by LIBRARY BUREAU