« AnteriorContinuar »
No 781. SUPPLEMENT,
THE SOUL BE WITHOUT
GENERAL NOTICE OF THE INNS OF COURT IN ANCIENT TIMES. PREVIOUS to, and immediately after, the Roman conquest, the administration of the laws of the land was chiefly confined to the ecclesiastics, who were almost the sole possessors of whatever learning was then cultivated. Hence it happened that before the time of Henry the Third most of the justices of the king's court were bishops, abbots, deans, canons in cathedral churches, archdeacons, &c.; and even so late as the reign of Henry the Seventh, the chancellorship continued to be exercised by a clergyman. The law of the land, at the time referred to, was known as the common law, a term which is said to have originated with Edward the Confessor, who caused a digest to be made of the various laws, customs, and decisions of the Saxons, Danes, and other inhabitants of Britain previous to the Conquest. A revision of this code was made by the Conqueror, who added some Norman institutions, and made this amended code the law of the land.
As it was customary, at an early period, for the sovereign to preside in person in courts of justice, the chancellor and justices were bound to follow the king into whatever part of his dominions he might happen to be; so that up to the granting of the Magna Charta, the king's court was moveable, as indeed is indicated in all process issuing thereout in the king's name, "wheresoever we shall be in England;" but when, in consequence of the provision in Magna Charta, that "common pleas should not thenceforth follow the court, but be held in some certain place," the principal court of common law was established in Westminster Hall, lawyers and students began to assemble in London, and soon experienced the want of some fixed and settled place for the study and practice of their profession.
SOME ACCOUNT OF THE
ORIGIN, HISTORY, AND ANTIQUITIES OF THE INNS OF COURT.
On the continent of Europe it was, and is, customary to give instruction to students in law at the Universities, but a serious obstacle prevented the adoption of this course in England. On the revival of literature, two refined systems of law attracted the attention of the learned; the one was the Roman or Civil Law, which was of Pagan origin, and the other was the Romish or Canon Law, which was of ecclesiastical origin. These laws were highly esteemed by the ecclesiastics who settled in England under the successors of the Conqueror, and ruled supreme in the Universities of Oxford and Cambridge; while the native nobles of England, who had long been accustomed to regard the common law as their most valuable birth-right, opposed the general introduction of the civil and canon law, and sought by every means in their power to encourage the practice of the common law, and to attach dignity and respect to its professors. Hence it was necessary to afford separate establishments for the accommodation of the law student. Accordingly certain hostels, or inns*, were provided, called hospitia curia, because they were attached to, or dependent upon, the court. The time when these hostels were established is doubtful, on account of the ancient registers having been destroyed; they seem to have been sanctioned by royal authority, and to have enjoyed the exclusive privilege of receiving law students, as appears from the following proclamation of Henry the Third, prohibiting the study of the law at any other places.
"Mandatum est maiori et vice-comit., &c. London.-Commandment is given to the mayor and sheriffs of London, that they cause proclamation to be made through the whole city, and firmly to forbid, that no one should set up schools
* Inn is the old English word for the house, or residence, of a noble. man, and of the same signification with the French hostel, or hotel. The term ostler, though now restricted to the servant who attends our horses, was originally a general name for a servant at an inn.
Other employments for the gardener in Septem are the sowing of lettuce once or twice; of cane stand the winter; of radish for autumn and crops; of small salading two or three times according demand; and of Welsh or white onions to stand winter. He has also to transplant York and Batter spring-sown cabbages to come in in November; remove lettuces, leeks, and endive, into trenches warm borders; also to plant out brocoli for the time, for the latest spring supply. Celery may be tr planted once or twice, but it will not grow to the size as that which was placed in the trenches in Ju August. Potato-digging is also carried on, and a ground effectually cleansed. Onions are to be pai up, and exposed for a few days to the full influene the sun. There will be much litter for removal, a month advances, and as the trees begin to shed the leaves. Every species of vegetable substance may a valuable addition to the compost heap, or be burn produce vegetable ashes as manure for heavy soils.
Those who wish to cultivate that hardy and whi some salad called winter cress must make their sorg in September and October. Winter cress, or a hedge mustard (Erysimum præcox), has a warm gent taste, nearly like that of the common mustard the young leaves form a grateful addition to saladan any time of the year, and more especially in wi This plant may be cultivated either as an annual, bis nial, or perennial. It is a native of this country, many other parts of Europe; but it is doubtful wh in America it may be considered an indigenous Of late years it has been partially superseded milder variety called Normandy cress, first introdus in the garden at Claremont. The mode of cultur simple, and consists in sowing it in a rich light soil the period above named, for a winter supply, and în ûs months of March, April, and May, for summer About half an ounce of seed sown thinly in a bed s each time will be found to produce a good supply.
When the young plants come up and are sufficiently strong, they should be thinned out with the two or thre inch hoe, to give them room to spread, as it is only outward leaves that are used, after being carefully pick and washed. This variety is as hardy as the comm cress; but it is desirable to give it temporary shi.. in very severe weather, as the leaves will then be alw in fit condition for the table. As a breakfast salad. Normandy cress is recommended as agreeable wholesome; but while water-cress is so abundant country, and so largely cultivated in the neighbo of large towns, it is not probable that the der these sorts of winter cress, which do not mater fer in flavour, will be much sought for.
successional crops provided for. In taking up celery from the trenches for use, it is best to begin at one end of a row, and dig quite down to the roots, loosening them with the spade, and drawing them up entire.
Careful attention to the earthing up of the plants is the best preventive of early decay; and where such attention is given, celery will sometimes remain sound and good for a length of time, and on the approach of frosty weather, a quantity of dry litter spread over the plants will be the only requisite for preserving them from the effects of cold. Some persons arch over the trenches with hoops, and cover them with mats, or make a kind of roof with boards placed in a slanting position, and leaning against each other. During a severe frost it is almost impossible to dig up celery without doing much injury to the blanched leaf stalks; therefore a dozen or two of the finest plants should be taken up before the setting in of frost, and preserved in dry sand in a cellar, or warm shed.
The blanched leaf-stalks of celery form our most important salad from the end of July or beginning of August until the succeeding March; they are likewise used to flavour soups, and are sometimes boiled or stewed as a dinner vegetable. Loudon says, "In Italy, the unblanched leaves are used in soups; and when neither the blanched nor the green leaves can be had, the seeds, bruised, form a good substitute." If celery is neglected, it degenerates into its first unpalatable growth.
Celeriac, or turnip-rooted celery (Apium rapaceum), is not so much known or cultivated in this country as it deserves to be. It is in high estimation on the Continent as an ingredient in soups, to which it is said to impart a much finer flavour than the common celery. It is propagated by seeds, sown in a light rich soil; but celeriac seed, when purchased, cannot at all times be trusted. "Until 1831," says Towers, "when a friend gave me a packet procured at Boulogne, under the title of celeri-rave, I never obtained celeriac. This seed was sown in a shallow drill, (though a hot-bed would have been better,) and the young plants were removed to nursery rows, richly manured. They retained every appearance of celery till their final removal; when, being planted fifteen inches asunder, the leaves took a horizon tal direction without elongating." For those who wish to raise this plant, we give the necessary directions for its culture. The time of sowing is the same as for the other sorts. The plants require a rich soil, and are with advantage raised beneath a hand-glass, and afterwards planted out into another hot-bed, one inch and a half apart. They are finally transplanted into a flat bed in the open air, fifteen inches apart, and not in trenches like other celery. They require abundance of water when first set out, and a constant supply every alternate day, afterwards. The waterings are increased with the growth of the plant, and occasional hoeings are given. The roots are fit for use in September or October, and ON the north shore we noticed some extraord remain in season, according to the treatment they of the whirlwinds which so frequently occur i receive, until January: they are rough, knobby pro- Fuego. The crews of sealing vessels call t... cesses, covered with fibres. In order to save celery The south-west gales, which blow upon the e waws," or "hurricane-squalls," and they are seed of either kind, one or two of the finest plants must treme fury, are pent up and impeded in pa be allowed to go to flower; and if exposed to the influ- highlands; when, increasing in power, they ence of the wind they will require the support of a stake. over the edges of precipices, expand, as it The seed, when perfectly ripened, will retain its vegeta- scending perpendicularly, destroy everything tive power for three or four years, provided it be kept surface of the water, when struck by the perfectly dry. Celery has been known to come up in agitated as to be covered with foam, which large quantities where no seed had been planted for them, and flies before their fury until disp three years or more previously, thus showing how long thrown over on their beam-ends, and t Ships at anchor under high land are som it may lie in the ground without vegetating. In the instance referred to the soil had been occupied with Again a squall strikes them, no recover their equilibrium, as if noth other crops, such as cabbages, potatoes, &c., and the over they heel before its ra celery crop had been long given up as lost; when it and checks the ship with most unexpectedly made its appearance. Several hun-a-head through the water. dred plants came up, and were removed to trenches, not or driven astern by anot1 one being left for seed, yet in the following year several Adventure and Beagle. p.ants again made their appearance on the same spot.
WHIRLWINDS IN THE STRAIT OF MAGA:
JOHN W. PARKER, P1
which is open ibrarian, from noon, from two ally of extenor chambers. ambers, is ast of chambers ients of which
he Temple for inders, though
the principal 's Bench walk, ffice; Churchard, &c. The s is given by which we select
rden was begun afterwards serOverseers of the here in 20 Hen. He also built nd Barrington's which respect it , 25 Hen. VIII., enceforth called hat court, now by reason of Sir there) were first n 26 Hen. VIII., haw's Rents."
1 near the Aliena
y an order of the t John Fuller was
iddle Temple Lane, hereof the prothonoept) were erected by this society. dgings of rough cast he hall on the east part hereof Sir Julius Cæsar, e 3007.; in consideration any gentleman into the buildings are still called
attracted by its beautiful flower borders, turf walks, view from it up and down mated; and as these gardens are much frequented. Shaksis historical play of Henry the s the scene of the origin of the
a broad paved terrace which forms an
Saturday Magazine, Vol. XXI., pp. 73, 97.
in the said city, and teach the laws there for the time to come; and if any shall set up such schools there, they cause them to cease without delay. Witness the king at Basing, December 2."
These "inns," from their first institution, were formed into two great divisions, namely, Inns of Court and Inns of Chancery. The former were so called, either because the students in them were preparing to serve the king's courts, or because these students were the sons of the nobility and gentry, while the latter, probably, derived their name from their supposed appropriation to such clerks as chiefly studied the proving of writs*.
The following interesting description of these ancient inns is from Selden's Translation of the work, De laudibus Legum Anglia, of Sir John Fortescue, Lord Chief Justice, and afterwards Lord Chancellor to Henry the Sixth.
"But, my prince, that the method and form of the study of the law may the better appear, I will proceed and describe it to you in the best manner I can. There belong to it ten lesser inns, and sometime more, which are called the Inns of Chancery, in each of which there are an 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; here they study the nature of ORIGINAL and JUDICIAL WRITS, which are the very first principles of the law. 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. In these greater inns a student cannot well be maintained under eight-and-twenty pounds a year; and if he have a servant to wait on him, (as for the most part they have,) the expense is proportionably more. For this reason 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. As to the merchants, they seldom care to lessen their stock in trade by living at such large yearly expenses; so that there is scarce to be found. throughout the kingdom, an eminent lawyer who is not a gentleman by birth and fortune, consequently they have a greater regard for their character and honour than those who are bred in another way. There is both in the inns of court and the inns of chancery a sort of academy, or gymnasium, fit for persons of their station, where they learn singing and all kinds of music, dancing, and such other accomplishments and diversions (which are called revels) as are suitable to their quality, and such as are usually practised at court. At other times, out of term, the greater part apply themselves to the study of the law. Upon festival days, and after the offices of the church are over, they employ themselves in the study of sacred and profane history. Here everything which is good and virtuous is to be learned; all vice is discouraged and banished, so that knights, barons, and the greatest nobility of the kingdom often place their children in these inns of court, not so much to make the laws their study, much less to live by the profession, (having large patrimonies of their own,) but to form their manners, and to preserve them from the contagion of vice. The discipline is so excellent, that there is scarce ever known to be any piques or differences, any bickerings or disturbances, amongst them. The only way they have of punishing delinquents is by expelling them the society, which punishment they dread more than criminals do imprisonment and irons; for he who is expelled out of one society is never taken in by any of the other; whence it happens that there is a constant harmony amongst them, the greatest friendship, and a general freedom of conversation. I need not be particular in describing the manner and method how the laws are studied in these places, since your highness is never like to be a student there. But I may say in the general, that it is pleasant, excellently well adapted for proficiency, and every way worthy of your esteem and encouragement. One thing more I will beg leave to observe, viz., that neither at Orleans, where both the canon and civil laws are professed and studied, and whither students resort from all parts, neither at Angiers, Caen, nor any other university in France, (Paris excepted,) are there so many students who have
The word Chancery (Cancellaria) is derived from Chancellor (Canceliarius) the original meaning of which is one who is stationed at the lattice-work of a window or door-way to introduce visitors, &c. In another sense Cancellarius was a kind of legal scribe, so called from his position at the cancelli of the courts of law.
passed their minority, as in our inns of court, where the natives only are admitted."
At the time to which Fortescue refers, there were four inns of court and ten inns of chancery. The former still remain, but the number of the latter is now reduced to eight, of which one only, namely, Clifford's Inn, belongs to the original ten.
The destruction of the records renders the origin of these inns very obscure. According to Dugdale, there was an inn of court at Dowgate, called "Johnson's Inn;" another at Fewter's, or Fetter's-lane, and a third at Paternosterrow, from which last, probably, originated the custom of serjeants-at-law and apprentices sitting in Paul's-walk, each at his own pillar, hearing his client's case, and taking notes thereof on his knee. A vestige of this custom remained in the time of Charles the First, when, upon the making of serjeants, they used to go in their formalities to St. Paul's church to choose their pillar.
Stowe, in his Survey, originally written in 1598, enumerates these Inns in the following terms:
"There is in and about this city a whole university, as it were, of students, practisers or pleaders, and judges of the laws of this realm, not living of common stipends, as in other universities it is for the most part done, but of their own private maintenance, as being altogether fed either by their places or practice, or otherwise by their proper revenues, or exhibition of parents and friends; for that the younger sort are either gentlemen, or sons of gentlemen, or of other most wealthy persons. Of these houses there be at this day fourteen in all, whereof nine do stand within the liberties of this city, and five in the suburbs thereof, to wit:
"Within the Liberties.-Serjeant's Inn, in Fleet-street; Serjeant's Inn, in Chancery-lane; for judges and serjeants only.
The Inner Temple, the Middle Temple, in Fleet-street; houses of court.
"Clifford's Inn, in Fleet-street; Thavies Inn, in Oldborne; Furnival's Inn, in Oldborne; Barnard's Inn, in Oldborne; Staple Inn, in Oldborne; houses of chancery.
"Without the Liberties.-Gray's Inn, in Oldborne; Lincoln's Inn, in Chancery-lane, by the Old Temple; houses of court.
"Clement's Inn, New Inn, Lion's Inn; houses of chancery without Temple-bar, in the liberty of Westminster. "There was some time an inne of serjeants in Oldbourne, as ye may read of Scroop's Inne, over against Saint Andrew's church.
"There was also one other inn of chancery, called Chester's Inn, for the nearness to the Bishop of Chester's house, but more commonly termed Strand Inn, for that it stood in Strand-street, and near unto Strand-bridge, without Temple-barre, in the liberty of the Dutchy of Lancaster. This inn of chancery, with other houses near adjoining, were pulled down in the reign of Edward the Sixth, by Edward, Duke of Somerset, who in place thereof raised that large and beautiful house, but yet unfinished, called Somerset House*.
"There was, moreover, in the reign of King Henrie the First, a tenth house of chancery, mentioned by Justice Fortescue, in his book of the Laws of England; but where it stood, or when it was abandoned, I cannot finde.
"These societies are no corporation, nor have any judicial power over the members, but have certain orders among themselves, which by consent have the force of laws. They have no lands or revenues, except their house; nor have they any thing to defray the charges of the house but what is paid at admittances and quit-rents for their chambers, when any fall to the house.
"The gentlemen of these societies may be divided into four ranks: I. Benchers; II. Utter Barristers; III. Inner Barristers; IV. Students.
"Benchers are the seniors, to whom the government of the house and ordering of matters thereof is committed; and out of these a treasurer is yearly chosen, who receiveth, disburseth, and accounteth for all monies belonging to the house.
"Utter barristers are such as, from their learning and standing, are called by the benchers to implead and argue in the society doubtful cases and questions, which are called moots; and whilst they argue the said cases, they sit uttermost on the forms of the benchers, which they call
* A historical notice of Somerset House will be found in Saturday Magazine, Vol. XXI., p. 27.
the bar. And the rest of the society are accounted inner barristers, who, for want of learning or time, are not to argue in these moots; yet in a moot before the benchers, two of these, sitting upon the same form with the utter barristers, do for their exercises recite by heart the pleadings of the same moot-case in law French; which pleading is the declaration of the said moot-case at large; the one taking the part of the plaintiff, and the other of the defendant. For the times of these mootings they divide the year into three parts; viz. 1, the learning vacation; 2, the term times; and 3, the dead or mean vacation.
"They have two learning vacations: viz., Lent vacation, which begins the first Monday in Lent, and continues three weeks and three days; and summer vacation, which begins the Monday after Lammas-day, and continues also three weeks and three days; and in these vacations are the greatest conferences and exercises of study."
THE INNER AND MIDDLE TEMPLE.
The Temple has derived its name from that religious military order the Knights Templars, whose history has already been sketched in this work. On the suppression of the order, in 1310, their estates together with the house in London devolved upon the crown; and these were granted, by Edward II., in 1313, to Thomas, earl of Lancaster. After the attainder of that nobleman, they were bestowed on Adomar or Aimer de Valence, earl of Pembroke, under the description of "the whole place and houses called the New Temple, at London, with the ground called Fiquet's Croft, and all the tenements and rents with the appurtenances that belong to the Templars in the city of London and suburbs thereof, with the land called Flete Croft, part of the possessions of the said New Temple."
From Aimer de Valence the estate passed to Hugh le Despencer the younger; and on his execution it once more reverted to the crown. In the year 1324, the Council of Vienne having issued a decree whereby the lands of the Templars were bestowed upon the hospitals of St. John of Jerusalem, Edward III. granted the house of the Inner Temple to the knights of that order in England. By them it was demised, for the rent of ten pounds per annum, to certain students of the common law, who are supposed to have removed from Thavies Inn, in Holborn.
The new institution increased rapidly in numbers and importance, until the rebellion of Wat Tyler exposed it to the attacks of the insurgents, who destroyed the books and records of the society. According to Stowe, "they destroyed and plucked down the houses and lodgings of this Temple, took out of the church the books and records that were in hutches of the apprentices of the law, carried them into the streets and burnt them; the house they spoilt, for wrath they bare Sir Robert Hales, lord prior of St. John's, in Smithfield."
The fury of the populace in times of civil commotion has been commonly displayed against the law and its ministers: the feeling of sympathy which prompts the rebels to throw open and set fire to the prisons, generates the opposite feeling, which displays itself against the houses of lawyers and the courts of justice. Shakspeare has given a graphic picture of these vulgar prejudices, in the scenes which introduce Jack Cade and his companion rebels:
"Dick. The first thing we do, let's kill all the lawyers. "Cade. Nay, that I mean to do. Is not this a lamentable thing, that the skin of an innocent lamb should be made parchment? that parchment, being scribbled_o'er, should undo a man? Some say the bee stings: but I say it is the bee's wax, for I did but seal once to a thing, and I was never mine own man since. Now go, some, and pull down the Savoy; others to the inns of court! down with them all!"
The destruction of the records by Wat Tyler, causes the early history of the Temple to rest upon tradition merely. The increased prosperity of the society evidently led to a division into two separate bodies, called the Society of the Inner Temple and the Society of the Middle Temple; but at what time this division was made does not appear, although some writers refer it to the reign of Richard the Second. The two societies continued to hold their houses as tenants to the Knights Hospitallers till the time of their
* See a course of articles on the "Round Churches of England," in the Twenty-first Volume of the Saturday Magazine.
dissolution, in the thirtieth year of the reign of Henry the Eighth, when they held under the crown, by lease, down to the sixth year of the reign of James the First, at which time the whole of the buildings of the two Temples were granted, by letters patent, bearing date at Westminster, 13th August, by the name of "Hospicia et capitalia messuagia cognita per nomen de le Inner Temple et le Middle Temple, sive Novi Temple, London," unto Sir Julius Cæsar, knight, then chancellor and under-treasurer of the Exchequer, and to the treasurers and certain benchers of these inns of court; "to have and to hold the said mansions, with the gardens and appurtenances, for ever, for lodgings, reception, and education of the professors and students of the laws of this realm," on payment from each society to the king of the yearly sum of ten pounds.
The only portion of the ancient buildings at present remaining is the church, a history and description of which has been already given. The old hall, erected probably about the time of Edward the Third, was rebuilt after the great fire in 1678, and was adorned with a new entrance in 1816. It is a fine room; but of somewhat small dimensions; it is ornamented with emblematical paintings by Sir James Thornhill, and many portraits of distinguished lawyers, among which may be mentioned those of the celebrated Littleton, who died in 1481, and his commentator Coke, a distinguished lawyer and judge in the reigns of James the First and Charles the First.
The Inner Temple contains a good library, which is open to students and others, on application to the librarian, from ten in the morning till one; and in the afternoon, from two till six. The other buildings consist principally of extensive courts or squares, surrounded by houses or chambers. Each house, consisting of several sets of chambers, is ascended by a common staircase; and each set of chambers usually occupies the half of one floor, the rents of which differ in proportion to situation, size, &c.
The various divisions of the buildings in the Temple for the most part retain the names of their founders, though others are denominated from their vicinity to the principal offices and other circumstances; as the King's Bench walk, from being situated near the King's Bench office; Churchyard court, from its adjoining the churchyard, &c. The origin of these and several other erections is given by Dugdale, in his Origines Juridiciales, from which we select the following:
"The wall betwixt the Thames and the garden was begun in 16 Hen. VIII., Mr. John Pakington (afterwards serjeant at law) and Mr. Rice being appointed overseers of the work. This Mr. Pakington was treasurer here in 20 Hen. VIII., and caused the hall to be tiled. He also built divers chambers, between the library and Barrington's Rents, and gave 107. to the treasury; for which respect it was ordered by the society, 5th of February, 25 Hen. VIII., that those new chambers should be thenceforth called Pakington's Rents. The lodgings in that court, now known by the name of Tanfield court (by reason of Sir Laurence Tanfield, chief baron's residence there) were first erected by Henry Bradshaw, treasurer, in 26 Hen. VIII., whence they were long after called Bradshaw's Rents."
"In 2 Eliz. were those buildings raised near the Alienation office, and called Fuller's Rents, by an order of the society, 22 Nov. 5 Eliz., by reason that John Fuller was then treasurer.
"In 23 Eliz. those lodgings in the Middle Temple Lane, called Crompton's Buildings (in part whereof the prothonotaries' office of the common pleas is kept) were erected by Thomas Crompton, Esq., a member of this society.
"In 38 Eliz. there were divers lodgings of rough cast work built betwixt the church and the hall on the east part of that court; towards the charge thereof Sir Julius Cæsar, knight, then master of the rolls, gave 3007.; in consideration whereof he had power to admit any gentleman into the society during his life: which buildings are still called Cæsar's Buildings."
The visitor to the Temple is attracted by its beautiful garden, which is laid out with flower borders, turf walks, and gravel promenades. The view from it up and down the river is pleasing and animated; and as these gardens are open to the public they are much frequented. Shakspeare, in the first part of his historical play of Henry the Sixth, makes these gardens the scene of the origin of the factions of York and Lancaster.
Before the hall is a broad paved terrace which forms an
* See Saturday Magazine, Vol. XXI., pp. 73, 97.