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

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Xiv INTRODUCTION. The patent, which bears date the r3th day of August, 6 James I. (16o8), is regarded by the Temples as their document of title against all corners, and in so far as any trust is thus created the benchers, having elected to receive the king's patent upon those terms, would seem to be liable for the performance of the duties, if any, thereby imposed. It should, however, I think be regarded not in the light of an original grant conferring upon the Temples a title and a right which they had not theretofore possessed, but rather as a patent, which for a consideration adequate in the case of a confirmation, but quite inadequate in the case of an original grant quieted their otherwise unimpeachable title, and confirmed the benchers in their possession of the New Temple, and in those rights, franchises, and privileges which they had claimed and exercised from time immemorial. I t commences in somewhat grandiloquent form :1 " Whereas our Realm of England having been for so many ages exceedingly prosperous in the arts of Peace and War, and having by the singular Providence of God in his own time devolved upon us by hereditary right, is sensible that the great part of its welfare is justly owing to the antient and proper laws of that realm tried through a long series of ages and particularly adapted to that populous and warlike nation and approved by constant experience, and whereas the Inns of the Inner and Middle Temple London being two out of those four Colleges the most famous of all Europe as always abounding with persons devoted to the study of the aforesaid laws and experienced therein have been by the free bounty of our progenitors Kings of England, for a long time dedicated to the use of the students and professors of the said laws to which as 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 P. 337 The original patent is in Latin. I use the translation given in the Appendix to the " Report of the Commissioners appointed to inquire into the arrangements in the Inns of Court and Inns of Chancery for promoting the study of the Law and Jurisprudence," London, 1855, p. 207.

INTRODUCTION. xv prudence and integrity, to the no small honour of the said profession and adornment of this realm and the good of the whole commonwealth as is to us abundantly manifest." It then proceeds to grant and confirm to Sir J ulius Cxsar, otherwise Adelmary (of the Inner Temple), Knight, Chancellor, and Under Treasurer of the Exchequer, Sir Henry Montague, Knight Recorder of London and of our Counsel in the law (of the Middle Temple), William Towse, Esq., treasurer of the Inner Temple,' Richard Daston, Esq., treasurer of the Middle Temple, and the rest of the benchers (by name) of the two inns, their heirs and assigns, all the inns and buildings known as the Inner and the Middle or the New Temple, together with the Temple bridge, and the yearly rent of ,4.bc. formerly payable by each inn towards the estate of S. John of Jerusalem. It then grants to the benchers the church with the rest of the ecclesiastical portion of the Temple as follows : " Also all that 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, situate within the site, circuit and precincts of the aforesaid Inns, Messuages and other the premises above, by these presents before granted, or any of them ; and all that the Chancel and Nave and Bellfry of the same Church, with the Bells, being in the same, Mr. William Towse was admitted in November, 1571, and was then described as of Hingham, Norfolk. He was called to the bench in January, 1594, and elected treasurer in 1607. He was at one time M.P. for the Rape of Bramber and for p. 30 Colchester, 1620-25. Two of his sons were subsequently admitted to the Inner Temple. He is probably the person referred to on several occasions in John Manningham's diary as having told anecdotes of living personages, viz. : Sir Henry Yelverton, Chief Justice Anderson, Chief Baron Manwood, and others. He also gave to Manningham the lines which Spencer is said to have written when he could not get from the Queen payment for his verses : " It pleased your Grace upon a tyme To graunt me reason for my ryme, But from that tyme untill this season I heard of neither ryme nor reason." He is also responsible for a humorous but scandalous story of Burbage, Shakespeare, and a certain citizen's wife of London during Burbage's performance of Richard III. He was made a serjeant-at-law and left the inn in I614.—Diary of John Manning - PP. 31, 86 ham, of the Middle Temple and of Bradhourne, Kent, 1602- 1603. Published by the Camden Society, London, 1365, pp. 39, 40, 41, 43, 74.

Xiv INTRODUCTION.<br />

<strong>The</strong> patent, which bears date <strong>the</strong> r3th day <strong>of</strong> August, 6 James I.<br />

(16o8), is regarded by <strong>the</strong> <strong>Temple</strong>s as <strong>the</strong>ir document <strong>of</strong> title against<br />

all corners, and in so far as any trust is thus created <strong>the</strong> benchers,<br />

having elected to receive <strong>the</strong> king's patent upon those terms, would<br />

seem to be liable for <strong>the</strong> performance <strong>of</strong> <strong>the</strong> duties, if any, <strong>the</strong>reby<br />

imposed. It should, however, I think be regarded not in <strong>the</strong> light<br />

<strong>of</strong> an original grant conferring upon <strong>the</strong> <strong>Temple</strong>s a title and a right<br />

which <strong>the</strong>y had not <strong>the</strong>ret<strong>of</strong>ore possessed, but ra<strong>the</strong>r as a patent, which<br />

for a consideration adequate in <strong>the</strong> case <strong>of</strong> a confirmation, but quite<br />

inadequate in <strong>the</strong> case <strong>of</strong> an original grant quieted <strong>the</strong>ir o<strong>the</strong>rwise<br />

unimpeachable title, and confirmed <strong>the</strong> benchers in <strong>the</strong>ir possession<br />

<strong>of</strong> <strong>the</strong> New <strong>Temple</strong>, and in those rights, franchises, and privileges<br />

which <strong>the</strong>y had claimed and exercised from time immemorial. I t<br />

commences in somewhat grandiloquent form :1<br />

" Whereas our Realm <strong>of</strong> England having been for so many<br />

ages exceedingly prosperous in <strong>the</strong> arts <strong>of</strong> Peace and War, and<br />

having by <strong>the</strong> singular Providence <strong>of</strong> God in his own time devolved<br />

upon us by hereditary right, is sensible that <strong>the</strong> great part <strong>of</strong> its<br />

welfare is justly owing to <strong>the</strong> antient and proper laws <strong>of</strong> that<br />

realm tried through a long series <strong>of</strong> ages and particularly adapted<br />

to that populous and warlike nation and approved by constant<br />

experience, and whereas <strong>the</strong> Inns <strong>of</strong> <strong>the</strong> <strong>Inner</strong> and Middle <strong>Temple</strong><br />

London being two out <strong>of</strong> those four Colleges <strong>the</strong> most famous <strong>of</strong> all<br />

Europe as always abounding with persons devoted to <strong>the</strong> study <strong>of</strong><br />

<strong>the</strong> aforesaid laws and experienced <strong>the</strong>rein have been by <strong>the</strong> free<br />

bounty <strong>of</strong> our progenitors Kings <strong>of</strong> England, for a long time<br />

dedicated to <strong>the</strong> use <strong>of</strong> <strong>the</strong> students and pr<strong>of</strong>essors <strong>of</strong> <strong>the</strong> said laws<br />

to which as <strong>the</strong> best seminaries <strong>of</strong> learning and education very many<br />

young men eminent for rank <strong>of</strong> family and <strong>the</strong>ir endowments <strong>of</strong><br />

mind and body, have daily resorted from all parts <strong>of</strong> this realm and<br />

from which many men in our own times as well as in <strong>the</strong> times <strong>of</strong> our<br />

progenitors have by reason <strong>of</strong> <strong>the</strong>ir very great merits been advanced<br />

to discharge <strong>the</strong> public and arduous functions as well <strong>of</strong> <strong>the</strong> State<br />

as <strong>of</strong> Justice, in which <strong>the</strong>y have exhibited great examples <strong>of</strong><br />

P. 337<br />

<strong>The</strong> original patent is in Latin. I use <strong>the</strong> translation given in <strong>the</strong> Appendix to<br />

<strong>the</strong> " Report <strong>of</strong> <strong>the</strong> Commissioners appointed to inquire into <strong>the</strong> arrangements in <strong>the</strong><br />

Inns <strong>of</strong> Court and Inns <strong>of</strong> Chancery for promoting <strong>the</strong> study <strong>of</strong> <strong>the</strong> Law and Jurisprudence,"<br />

London, 1855, p. 207.

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