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
lxxviii INTRODUCTION. p. 196 In June, 1632, the bar, acting under some supposed customary right of governing the inn during vacation, suspended William Browne. a barrister, for not keeping the exercises of the house in the Lent vacation. He appealed to the bench by whom it was held that the bar p• 200 had no such power, and that the suspension was void. In 1632, the chambers of Edward Thornton were forfeited by reason of his having lodged two bankrupt merchants contrary to the orders of the house. p. 223 In 1635, and again in 1639, the orders passed in each successive P• 249 reign against members of the inn being attornies or solicitors were p. 222 renewed and enforced. In 1635, the bench ordered that for the future the letting of shops in the Temple should be restricted to 267 booksellers, stationers, parchment dealers, and the like. In 1642, the bond to be given by each member on his call to the bar was raised from ,4-30 to Z50. In the course of this reign also an order was promulgated regulating the costumes of the judges and serjeants. It is set out in detail in Dugdale's " Origines," and is the rule by which the judges of the high court are still guided in the choice of p. 252 robes to be worn on special occasions.' In 1639, two gold cups were given, one to the attorney-general, Sir John Banks, and one to the attorney of the Duchy of Lancaster, at a cost of I 4s. od. Vol. i., p. 311 Trouble had arisen so far back as 1580 about the keeping of Christmas commons. These were, by the antient custom of the inn, placed under the management of the gentlemen who were not yet called to the degree of barrister-at-law. They elected their officers, did their own catering, kept (somewhat irregularly) their own accounts, and gave their own entertainments, to which they invited their own guests. The benchers, however, never surrendered their general right of control over the whole inn and all its members, and conflicts thus arose between the hot-headed juniors and the staid and elderly seniors, which, with the approaching disorders of the time, p. 173 soon grew to a head. In November, 1628, orders, confirmatory of former orders, declared that Christmas commons should only continue for three weeks ; that no stranger should be admitted to commons ; that there should be no drinking of heal ths, and no attendants except officers of the house ; and that no dice or other play should be permitted after midnight on Saturday or Christmas Eve. There was pp.191,192, much difficulty in enforcing these orders, and various committees 1 94, 195 ' Dugdale. " Originec," p. TOI.
INTRODUCTION. were appointed to deal with the matter. The Christmas festivities meanwhile became each year more scandalous, until November, 1634, p. 219 when an order was made that by reason of " the sickness and divers infectious diseases now reigning and increasing," no commons should be held at the ensuing Christmas. This was disregarded by some members of the inn who, associated with strangers, broke into and remained in occupation of the hall and the buttery, keeping illegal p. 221 commons, for about five weeks, notwithstanding the prevalence of smallpox and other sickness in the society. For this offence some were expelled and others fined and put out of commons. In No- p. 253 vember, 1639, in consequence of the prolongation and disorders of the Christmas festivities causing scandal and danger to the society, it was ordered that no commons be kept at the ensuing Christmas, and that the keys of the hall and the buttery be held by the treasurer and masters of the bench. This was keenly resented by many of the bar who, on the 5th January, 1639-40, petitioned the lords of the pp. 259, 369 council to interfere on their behalf.' They alleged that the gentlemen below the bar had by immemorial custom a right to govern the inn at Christmas-time. They declared that they had in no way offended, and had intended a reformation of what was thought by some to be an abuse in the way of diceing and card-playing : viz., permitting strangers to play in all parts of the house. They proposed for the future to confine the strangers to the libraries, and not to give them the privilege of the hall. And they alleged that unless they could make money by allowing strangers to play, they could not collect enough to discharge their Christmas debts. The petition seems to have been futile, as in the Christmas of 1639, there were no commons. They were resumed in the Christmas of 1640, when p. 262 the Blackfriars' company gave a play. In apparent, if not in actual connection with religious observances, were certain proclamations issued by the king, ordering fasts to be strictly observed during Lent, and enjoining a fish diet on each and every day during that season. A reference to this practice 2 will be found under the reign of King James. In 1613 Mr. Anthony p. 72 1 " St. Pa., Dom. Car.," vol. ccccxli., No. 46. " Remonstrance of the Society of the Inner Temple to the Council." Certain statutes relating to this subject are 2 and 3 Edw. vi., c. 19 ; 5 and 6 Edw. vi., C. 3 ; 5 Eliz. C.5, S. 12 ; 35 Eliz. C. 7, S.4.
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lxxviii INTRODUCTION.<br />
p. 196 In June, 1632, <strong>the</strong> bar, acting under some supposed customary right<br />
<strong>of</strong> governing <strong>the</strong> inn during vacation, suspended William Browne. a<br />
barrister, for not keeping <strong>the</strong> exercises <strong>of</strong> <strong>the</strong> house in <strong>the</strong> Lent<br />
vacation. He appealed to <strong>the</strong> bench by whom it was held that <strong>the</strong> bar<br />
p• 200<br />
had no such power, and that <strong>the</strong> suspension was void. In 1632, <strong>the</strong><br />
chambers <strong>of</strong> Edward Thornton were forfeited by reason <strong>of</strong> his having<br />
lodged two bankrupt merchants contrary to <strong>the</strong> orders <strong>of</strong> <strong>the</strong> house.<br />
p. 223 In 1635, and again in 1639, <strong>the</strong> orders passed in each successive<br />
P• 249 reign against members <strong>of</strong> <strong>the</strong> inn being attornies or solicitors were<br />
p. 222 renewed and enforced. In 1635, <strong>the</strong> bench ordered that for <strong>the</strong><br />
future <strong>the</strong> letting <strong>of</strong> shops in <strong>the</strong> <strong>Temple</strong> should be restricted to<br />
267 booksellers, stationers, parchment dealers, and <strong>the</strong> like. In 1642,<br />
<strong>the</strong> bond to be given by each member on his call to <strong>the</strong> bar was<br />
raised from ,4-30 to Z50. In <strong>the</strong> course <strong>of</strong> this reign also an order<br />
was promulgated regulating <strong>the</strong> costumes <strong>of</strong> <strong>the</strong> judges and serjeants.<br />
It is set out in detail in Dugdale's " Origines," and is <strong>the</strong> rule by<br />
which <strong>the</strong> judges <strong>of</strong> <strong>the</strong> high court are still guided in <strong>the</strong> choice <strong>of</strong><br />
p. 252 robes to be worn on special occasions.' In 1639, two gold cups were<br />
given, one to <strong>the</strong> attorney-general, Sir John Banks, and one to <strong>the</strong><br />
attorney <strong>of</strong> <strong>the</strong> Duchy <strong>of</strong> Lancaster, at a cost <strong>of</strong> I 4s. od.<br />
Vol. i., p. 311 Trouble had arisen so far back as 1580 about <strong>the</strong> keeping <strong>of</strong><br />
Christmas commons. <strong>The</strong>se were, by <strong>the</strong> antient custom <strong>of</strong> <strong>the</strong> inn,<br />
placed under <strong>the</strong> management <strong>of</strong> <strong>the</strong> gentlemen who were not yet<br />
called to <strong>the</strong> degree <strong>of</strong> barrister-at-law. <strong>The</strong>y elected <strong>the</strong>ir <strong>of</strong>ficers,<br />
did <strong>the</strong>ir own catering, kept (somewhat irregularly) <strong>the</strong>ir own accounts,<br />
and gave <strong>the</strong>ir own entertainments, to which <strong>the</strong>y invited<br />
<strong>the</strong>ir own guests. <strong>The</strong> benchers, however, never surrendered <strong>the</strong>ir<br />
general right <strong>of</strong> control over <strong>the</strong> whole inn and all its members, and<br />
conflicts thus arose between <strong>the</strong> hot-headed juniors and <strong>the</strong> staid and<br />
elderly seniors, which, with <strong>the</strong> approaching disorders <strong>of</strong> <strong>the</strong> time,<br />
p. 173 soon grew to a head. In November, 1628, orders, confirmatory <strong>of</strong><br />
former orders, declared that Christmas commons should only continue<br />
for three weeks ; that no stranger should be admitted to commons ;<br />
that <strong>the</strong>re should be no drinking <strong>of</strong> heal ths, and no attendants except<br />
<strong>of</strong>ficers <strong>of</strong> <strong>the</strong> house ; and that no dice or o<strong>the</strong>r play should be permitted<br />
after midnight on Saturday or Christmas Eve. <strong>The</strong>re was<br />
pp.191,192, much difficulty in enforcing <strong>the</strong>se orders, and various committees<br />
1 94, 195<br />
' Dugdale. " Originec," p. TOI.