Volume II 1603-1660 - The Honourable Society of the Inner Temple
Volume II 1603-1660 - The Honourable Society of the Inner Temple Volume II 1603-1660 - The Honourable Society of the Inner Temple
cxvi INTRODUCTION. and Mr. Wadham Windham in 1655 for their conduct in Cony's case can hardly be regarded as any slight upon the lawyers. It arose from the necessities of state, and was brought about by the intemperate language of Serjeant Twisden, who having just received the degree of serjeant at law from the protector, denounced his power to issue decrees, to grant patents, to collect excise, and otherwise to exercise the functions of head of the commonwealth.' They were all sent to the Tower, whence they petitioned the protector, and were shortly afterwards released.' The first step taken towards law reform, after the constitution of the courts of law, was an attempt by the judges to restore the inns of court to their former condition and to revive the readings which had for some time been discontinued. With this end in view Lord Chief Justice Rolle and Chief Baron Wilde, in agreement with the other p• 289 judges, convened the benchers of the four inns in the summer of 1649 and ordered them strictly, under severe penalties, to resume their readings not later than the Lent of 165o. In February, 1649-50, the benchers in agreement with the judges ordered the renewing of vacap. 291 tion commons which had been discontinued since August, 1642, and of vacation readings, as in the old times. The difficulty of obtaining readers, however, seems to have been insurmountable, and at the same time the want of money to carry on the affairs of the society was sorely felt. An order of November, 1652, dealing with these two difficulties, provided that every present and future bencher who P. 304 had not read should pay to the society the sum of ,4'5o, to be repaid to him after his reading, or in default to be forfeit to the inn, and he to be quit of his reading. On the 26th June, 1657, it was ordered by the protector's second parliament, " that it be recommended to his Highness, and the council to take some effectual course, upon advice with the judges, for reforming the government of the inns of court ; and likewise for placing of godly and able ministers there, and providing a sufficient maintenance for their encouragement, and also for reviving the readings in the several inns of court and the keeping up of exercise by the students there." Nothing, however, came of the order.3 1 " State Papers, Commonwealth," ath May, 1655, vol. xcvii., No. 48. Ibid., "Faithful Scout," 22nd May, 1655. 3 Burton, " Diary," vol. ii., p. 313.
INTRODUCTION. cxvii As the fellows began to return to the inn and new members joined, a difficulty was felt in supplying them with chambers. Many of these were occupied by persons who having come in during the time of the wars, when the inn was nearly deserted, would not obey any order to quit. A peremptory notice was accordingly issued in June, 1653, that, with a view to the house being restored to its p. 306 primary institution and condition, all families and persons whatsoever should quit before Michaelmas next, and that the clerk of the church should not, after the next Lord's day, permit any women to sit in any of the benchers' seats, which they seem to have invaded, but that such seats be kept solely for the benchers as heretofore. In February, 1650-51, the first order was promulgated requiring the taking of the engagement.' This was rendered necessary by the Act of 2nd January, 1649-50. From this date to January, 1653-4, p. 297 when the engagement was withdrawn by the protector, who shared in the modern objection to promissory oaths, every student wishing to be called to the bar came to the end of the bench table in the hall at dinner time, and there publicly took the engagement by signing P. 313 the long roll of parchment, before being admitted to the degree of an utter barrister of the house. This engagement was taken by every barrister and bencher before he could open his lips in court ; and it will be remembered that at the trial of Christopher Love, the presbyterian minister, in May, 1651, Mr. Archer and Mr. Waller, who were assigned to be counsel for him, were refused audience, by reason of their not having taken the engagement, and that his defence was undertaken by Matthew Hale, who, in answer to the president, said, " My Lord, I have done it." Two buildings, one in Inner Temple Lane and one in Parson's Court, were undertaken by the society during this period ; and considerable sums, notwithstanding the poverty of the inn, were spent upon the church and upon the garden. The building in p. 325 the Inner Temple Lane is charged altogether at ,4.2,058, and that in Parson's Court at ‘1,430. The increasing values of 1 The form of the engagement was : " I do declare and promise that I will be true and faithful to the Commonwealth of England as it is now established without a king or a house of lords." Cobbett's " State Trials." London, 8vo, 181 o, vol. v., p. 211.
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INTRODUCTION. cxvii<br />
As <strong>the</strong> fellows began to return to <strong>the</strong> inn and new members<br />
joined, a difficulty was felt in supplying <strong>the</strong>m with chambers. Many<br />
<strong>of</strong> <strong>the</strong>se were occupied by persons who having come in during <strong>the</strong><br />
time <strong>of</strong> <strong>the</strong> wars, when <strong>the</strong> inn was nearly deserted, would not obey<br />
any order to quit. A peremptory notice was accordingly issued in<br />
June, 1653, that, with a view to <strong>the</strong> house being restored to its p. 306<br />
primary institution and condition, all families and persons whatsoever<br />
should quit before Michaelmas next, and that <strong>the</strong> clerk<br />
<strong>of</strong> <strong>the</strong> church should not, after <strong>the</strong> next Lord's day, permit any<br />
women to sit in any <strong>of</strong> <strong>the</strong> benchers' seats, which <strong>the</strong>y seem to<br />
have invaded, but that such seats be kept solely for <strong>the</strong> benchers as<br />
heret<strong>of</strong>ore.<br />
In February, 1650-51, <strong>the</strong> first order was promulgated requiring<br />
<strong>the</strong> taking <strong>of</strong> <strong>the</strong> engagement.' This was rendered necessary by <strong>the</strong><br />
Act <strong>of</strong> 2nd January, 1649-50. From this date to January, 1653-4, p. 297<br />
when <strong>the</strong> engagement was withdrawn by <strong>the</strong> protector, who shared<br />
in <strong>the</strong> modern objection to promissory oaths, every student wishing<br />
to be called to <strong>the</strong> bar came to <strong>the</strong> end <strong>of</strong> <strong>the</strong> bench table in <strong>the</strong> hall<br />
at dinner time, and <strong>the</strong>re publicly took <strong>the</strong> engagement by signing P. 313<br />
<strong>the</strong> long roll <strong>of</strong> parchment, before being admitted to <strong>the</strong> degree <strong>of</strong><br />
an utter barrister <strong>of</strong> <strong>the</strong> house. This engagement was taken by<br />
every barrister and bencher before he could open his lips in court ;<br />
and it will be remembered that at <strong>the</strong> trial <strong>of</strong> Christopher Love, <strong>the</strong><br />
presbyterian minister, in May, 1651, Mr. Archer and Mr. Waller,<br />
who were assigned to be counsel for him, were refused audience,<br />
by reason <strong>of</strong> <strong>the</strong>ir not having taken <strong>the</strong> engagement, and that his<br />
defence was undertaken by Mat<strong>the</strong>w Hale, who, in answer to <strong>the</strong><br />
president, said, " My Lord, I have done it."<br />
Two buildings, one in <strong>Inner</strong> <strong>Temple</strong> Lane and one in Parson's<br />
Court, were undertaken by <strong>the</strong> society during this period ; and<br />
considerable sums, notwithstanding <strong>the</strong> poverty <strong>of</strong> <strong>the</strong> inn, were<br />
spent upon <strong>the</strong> church and upon <strong>the</strong> garden. <strong>The</strong> building in p. 325<br />
<strong>the</strong> <strong>Inner</strong> <strong>Temple</strong> Lane is charged altoge<strong>the</strong>r at ,4.2,058, and<br />
that in Parson's Court at ‘1,430. <strong>The</strong> increasing values <strong>of</strong><br />
1 <strong>The</strong> form <strong>of</strong> <strong>the</strong> engagement was : " I do declare and promise that I will be<br />
true and faithful to <strong>the</strong> Commonwealth <strong>of</strong> England as it is now established without a<br />
king or a house <strong>of</strong> lords."<br />
Cobbett's " State Trials." London, 8vo, 181 o, vol. v., p. 211.