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c^



MIDDLE TEMPLE RECORDS.



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MIDDLE TEMPLEu
RECORDS.



>o t^on



EDITED BY



CHARLES HENRY HOPWOOD, K.C.,

ONE OF THE MASTERS OF THE BENCH.



LONDON :
PUBLISHED BY ORDER OF THE MASTERS OF THE BENCH,

AND SOLD BY

BUTTERWORTH & CO., 12 BELL YARD.
1904

v\<



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MINUTES OF PARLIAMENT



OF THE



MIDDLE TEMPLE.



TRANSLATED AND P:DITED BY

CHARLES TRICE MARTIN, B.A., F.S.A.



WITH



AN INQUIRY INTO THE ORIGIN AND EARLY
HISTORY OF THE INN



BV



JOHN HUTCHINSON,

LIBRARIAN.



VOL. I.
1501-1603.



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Cbuc. jJje/i^. 30^i?o6'^



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CONTENTS.



Preface .........

The Middle Temple: Its Origin and Early History
Minutes op Parliament —

Book A.— 7 July, 1501, 16 Hen. VII. .

May 1509, 1 Hen. VIII.
Book D.— 14 Feb., 1551, 5 Edw. VI. .
7 Nov., 1553, 1 Mari^ . • .
18 Nov., 1558, 1 Eliz. .

The Rents of Chambers and Shops op the
Middle Temple, 1567

Index op Subjects . .



Implements in the Kitchen, 11 March,
1 Mari^



1554



PAOB

ix

(1)



1

28

7i)

94

119

431
434

437



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ERRATUM.

P. 27, 1. 19, fcrr 20«. read 26«.



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PREFACE.



Book A. is a paper book, of which the leaves measure
about 17 inches by 6 inches.

It contains 112 leaves, of which only forty-eight have
been used.

The paper mark is a hand, with a six-pointed star
projecting from the second finger.

The binding is of rough brown calf, probably of the

last century or the century before, with a label on the

back stamped :

A.

I

16 HEN. 7

TO

16 HEN. 8
1500
1524

The margins are slightly worn, especially at the be-
ginning, but this is of little consequence, as the scribe
has usually left an ample margin round his entries, and
the book and the writing are in very good preservation.
Not a word is lost through mutilation or dirt.

The official who first began to use the book continued
to write the entries until the summer of 1520 [fol. 37 of
the MS., p. 61 of the printed book), when a fresh hand-
writing appears. Three years later the writing again
changes.

It is clear that the first few pages are not contem-
porary, but were written up subsequently from other
records or memoranda. As an instance of this, the



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X Preface.

record of the admission of a member at the Parlia-
ment of 26 May 1508 is immediately followed, with no
break, by the memorandum of payments by him to the
Treasurer in 1509. Another case occurs on/ol. 14 (p. 27),
where the diflference in time is about five years.

The majority of the entries in Book A. are in Latin ;
but occasionally, especially if something has to be noted
which is not quite in the ordinary routine of business,
the clerk uses his native language. The Latin entries
have been translated verbatim, even to the extent of
retaining the confusion of tenses and such other instances
of faulty grammar as can be reproduced in another lan-
guage. Care has been taken in the translation to use
English words which will suggest the exact Latin word
used.

For instance, the two words comitiva and societas
are used apparently indiscriminately, as meaning the cor-
poration or whole body of the Middle Temple. In the
English entries the words " company " and " fellowship "
are used in this sense, and therefore these words have
been employed in the translation, the former word to
represent comitiva^ and the latter societas. This is
noted the first time the words occur, on pp. 1 and 3. The
English word "society" does not occur till the middle
of the reign of Queen Elizabeth, and then not often.
The Latin word consortium occurs once, in 1586, but no
English word is used which at all corresponds to it.

An attempt has also been made to use the English
entries for the selection of words and phrases for the
translation of entries of a similar import in Latin, as, for
instance, libitum, is translated " liking" ; pro eo, " in its
stead " ; museum^ " study " ; and there are many other
similar words.

It is for this reason that dolium is translated " hogs-
head," though its usual meaning is " tun."

In the case of names. Christian names are translated



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Preface. xi

into English, while surnames are given in the exact
spelling of the book ; and the names of places as well,
unless they are in Latin, when they are translated. The
spelling of names is most careless. Sometimes the name
of a person admitted differs in spelling from that of his
father, which occurs in the next line, as, for instance,
Elmes and Ellines ; Feteplace and Phetiplace ; NyccoUes,
Nicholes ; St. Aubyn, Seynt Taubyn. Manne is some-
times written Man, and sometimes with a contraction
mark appended, so that it would naturally be read
Manner. Both represent the name of Man. The
Mr. Boyes and Mr. Bowyer occurring on p. 223 must
be the same person. Similar variations occur in the
names of places, as "Litleford^" and " Lilliforde."

Usually this is merely due to the fact that there was
no fixed standard of spelling when the book was made,
but sometimes the variation is clearly an error in copying,
showing that the entries were not made at once, but that
the book was compiled by one of the officials from
memoranda, which he sometimes misread.

Book D. is a paper book, about the same size as
Book A. (16 inches by 5 J inches), but much thicker, con-
taining 413 leaves, nearly all of which are used. The first
few leaves have been somewhat injured, and the top and
bottom margins have been slightly cut, probably when
the present binding, which is similar to that of Book A.,
was put on. (a) There is, however, very little of conse-
quence lost by mutilation. The label on the back is :

D.

4
1551

TO

1610.



(a) See/. 95, 97, 135, 136, 181, 204.



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xii Preface.

This volume does not contain the whole of Book D.,
as it was thought that the end of the reign of Queen
Elizabeth aflforded a good place for a break ; but lists of
chambers and kitchen utensils made in her reign and
that of her predecessor, at the end of the book, are
printed at the end of this volume, instead of being
reserved for the next, where they would have seemed out
of place.

The paper used in these two books is of different
kinds. That in Book A. carries the common mark of
a gloved hand, with a six-pointed star projecting from
the longest finger. This mark is common in early printed
books, those of Caxton and others. The same mark
occurs also in Book D., but drawn with rather more care,
and in some instances there are letters which look like
P. R., on the wrist of the glove. An eagle displayed is
found in the same book, towards the close of the six-
teenth century. Letter paper from Ghent and The
Hague of the same period often bears a similar device,
but not quite identical with this. However, the paper in
these books is of an unusual size, longer and narrower
than that used for correspondence, and it was the habit of
manufacturers to use various marks for paper of different
sizes and qualities. In fact, papers of certain sizes be-
came known by the names of their marks after they
had been disused, such as foolscap paper, and pot paper.
The latter now bears the arms of England, but that used
in Book D. still bears the original device, usually with
a four-pointed star above it. A crowned shield with
the letter B thereon, and below it a wreath inscribed
NLEBE, has doubtless the same origin as a similar
shield with the name below in full, NICOLAS LEBE,
which may be seen on letter paper used in the reign of
Elizabeth. The shield bearing a B. is usual on paper
from Antwerp.

There is one very fine coat of arms which I have not



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Preface. xiii

been able to identify — apparently, first quarter, barry ;
second quarter, a lion rampant ; third and fourth quarters
indistinct, but what looks like a tower in base; the
whole surrounded by the collar of the Order of the Fleece
of Gold. I have found nothing exactly to correspond
with it in Maurice's ** Blason des Armoiries des Chevaliers
de rOrdre de la Toison d'Or," and should rather expect
it to be the coat of a town than of an individual. The two
first quarters appear on the shield of Albert, Archduke
of Austria, in 1610, but the remainder of the Archduke's
coat is more elaborate.

Book D. has been treated dijfferently to Book A.
Instead of being translated in full, merely an abstract
of the Minutes is given. The account of each Parliament
is commenced with the election of Readers and other
oflBcers, and orders on various subjects, and then follow
the admissions, collected together so as to save needless
repetition. In the original the whole formula of admis-
sion is usually repeated in each case, and it is rather
a long one ; e.g. " Thomas Palmer nuper de Novo Hos-
picio, filius secundus Willelmi Palmer de Lemyngton in
comitatu Glocestr', generosi, admissus est in Medii
Templi Societatem, generaliter, vicesimo tercio die
Octobris anno regni domine Regine nunc Elizabethe
decimo et anno Domini 1568, ex assensu Magistrorum de
Banco. Et dat de fine pro sua admissione predicta xl.5."

This may be taken as a typical instance, but at
an earlier period the formula was longer, as the
names of the persons who became pledges for the
newly admitted fellow were added; e,g, "Jacobus
Wasshyngton, filius secundus Ricardi Wasshyngton de
Kyrkby in Kendall in comitatu Westmerland, armigeri,
ad instanciam Ricardi Weston, armigeri, modo lec-
toris, admissus est specialiter, exoneratur et perdonatur
de omnibus officiis et vacationibus quisbuscumque. Et
dat pro premissis habendis ad usum hospicii x\.s. Ac



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xiv Preface.

etiam admissus est in cameram cum Magistro Bretton.
Et dat pro ingressu inde xl.s. Plegii pro gestu, fama
et debitis solvendis, (j. Nycolls, James Gardener."

In some cases, as above, the signatures of the pledges
are appended to the entr)% especially during the reign of
Queen Mary ; but this fashion did not continue long,
and during the reign of her sister it became the habit
merely to mention the fact of the obligation, as in the
following instance : " Edmundus Temple, filius et heres
Richardi Temple de Temple Hall in parochia de Sibson
in comitatu Leycestr', generosi defuncti, admissus est in
Societatem Medii Templi predicti generaliter. Et dat de
fine pro admissione sua predicta liij.s. iiij.rf. Et obligatur
una cum Magistro Christofero George et Magistro Thoma
Love de Temple Hall predicto, generoso."

Some of the Treasurers, especially Matthew Smith
and Edmund Plowden, signed each admission, but the
custom ceased about 1572.

The whole of the facts are given in the abstract,
but repetition has been avoided by putting the admissions
together at the end of each Parliament.

The handwriting, which at the beginning is very
difficult to read and careless, gives place about 1590 to
a good clerk's hand, which is continued throughout.
In fact the hand is better than the spelling. Besides
errors in spelling names, merely due to carelessness, of
which I have given a few specimens, errors in words
and grammar are by no means rare; such as absentia
a lectori, instead of lectura; quantas for quantos, as if
members of the Inn might be of either sex ; pincemi for
pinceme ; a banco for abaca; pater morte for patre
mortuo; and many others. Similar mistakes occur in the
English entries, as where libitum, which is usually trans-
lated liking, is sometimes translated liberty, which
scarcely gives the correct meaning.

The dates in the text (if not in brackets) are given as



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Preface. xv

they are in the original books, that is, if the year of our
Lord is mentioned, it is in accordance with the old style,
the year beginning on March 25 ; but the dates in the
top margin follow the modern usage.

An imperfect index of subjects, at the end of Book D.,
made in the reign of Queen Elizabeth, has been printed
in the present volume ; but the complete index of per-
sons and places will be reserved until the whole of the
Minutes of Pailiament are printed.

It has not been thought necessary here to refer to
any of the subjects mentioned in the Minutes, as "The
Calendar of Middle Temple Records," recently brought
out by Mr. C. H. Hopwood, K.C., will direct the attention
of the reader to matters of interest.

0. T. M.



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AN INQUIET INTO THE OEIGIN AND
EARLY HISTOEY OF THE INN.



BY



JOHN HUTCHINSON,

LIBRAKIAN.



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THE MIDDLE TEMPLE:

ITS ORIGIN AND EARLY HISTORY.



Although the authentic history of the Inns of Court
begins only with the dates of their respective existing
Registers, their origin, like that of the British constitu-
tion, in the moulding of which they have had no in-
considerable share, may be said to be lost in the mists
of antiquity, or, if this rhetorical expression be thought
too strong, it may safely be affirmed that, with our
present knowledge, it is impossible to fix any definite
date for the establishment or formation of any one of
them. Sir Edward Coke, whose authority of course
is of the highest, places their rise in the period im-
mediately following the making of Magna Charta
(1215) and Charta de Foresta (1217), when " divera
learned men in the laws . . . kept schooles of law in
the city of London, and taught such as resorted ta
them, the laws of the realme, taking their foundation
of" these enactments ; and he identifies these schools
with those suppressed, or prohibited by writ, in the
nineteenth year of Henry III. (1234) (a).

Sir William Blackstone, however, whilst agreeing
with Coke that this writ was directed against the teach-

(a) The words of this writ, which is addressed to the Mayor and Sheriffs
of London, as given by Coke and Selden, are : — " Quod per totam civitatem
London clamari faciant et firmiter prohiberi, ne aliquis scholas tenens
(Selden, regens) de legibus in eadem civitate de c»tero ibidem leges doceat,
et si aliquis ibidem fuerit hujusmodi scholas tenens (regens), ipsum sine
dilatione cessare faciant." Coke, Institutes, Part IL Proeme, and SeLlen,
Notes to Fortesctie,

M.T.R.— I. (1)



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The Middle Temple.

ing of the Municipal Law, is of opinion that the intention
of Henry in issuing it was not to prohibit the teaching
of that law altogether, but simply, by forbidding it within
the city, *'to collect all the common lawyers into the
one public university, which was newly instituted in
the suburbs " (a). Other authorities, however, of equal
eminence, affirm that Henry's writ was not directed
against the Common Law at all. Of these Selden
and, following him. Dr. Stubbs (6) maintain that the
laws (leges) here forbidden were the "Canon Laws,
mixed, perhaps, with the Imperials, &c., as being both,
in regard of their own authority, against the supreme
majesty and independency of the Crown of England" (c).

Professors Pollock and Maitland, again, in our day,
are of opinion that only the Civil Law is intended (d),
the object of Henry being to confine the clergy to
matters strictly within their own sphere — namely.
Theology and Canon Law, in accordance with the spirit
of the Bull of Honorius IH., published only fifteen
years before (1219), prohibiting the teaching of Civil
Law in the University of Paris.

In the midst of this conflict of opinion on the part
of eminent legists, one point at least seems clear —
namely, that whatever the intention of Henry's proclama-
tion, the schools referred to in it were law schools of
some kind. Possibly they may have been those attached
to the principal churches of London (e) as these may

(a) Commentaries^ Introduction.

(6) Lectures, p. 306.

(c) Selden, Review of Tithes^ Works, vol. iii. p. 1344.

{d) History of English Law, voL i. p. 102.

(e) Of these William Fitzstepbeu, who died 1190, and was at once a
churchmiin and lawyer, in the Introduction to his Life of Thomas d
Becket, says there were three having schools attached, which Stowe
{Survey of London^ p. 63, ed. 1633) identifies as St. Paul's, St. Peter's
(Westminster), and St. Saviour's, Southwark, though others (see De Mont-
morency's English Education) say St. Paul's, St. Mary-le-Bow, and St
Martin's-le-Grand ; but Fitzstephen, though he gives a detailed account of
their course of study, makes no mention of law as part of it. The subject,

(2)



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Origin and Early History.

have included law as part of their curriculum (a),
but more probably they were separate and, perhaps,
private institutions (6). But, in either case, it would
be unsafe to identify these seminaries with the Inns
of Court and Chancery, as Coke and Blackstone ap-
parently do, further than to regard them as in some
measure the forerunners and prototypes of those institu-
tions, whose establishment in anything like their present
form must be looked for at a later date. For those
societies, however they arose, were associations of lay-
men, and it is certain that for some time after Henry's
proclamation the professors of the law as well as its ad-
ministrators continued to be largely ecclesiastics. The
effect, however, of Henry's proclamation, as well as the
disapprobation of the papal see (c), was no doubt
gradually to diminish the number, and before the end of
Henry's reign (1272) the lay element amongst the king's
judges began to outweigh the ecclesiastical, and the
study of English law became, as a learned modern writer
observes, " a thing apart from all other studies " {d).
It is at this period then — the end of the thirteenth
century — that we may look for the first traces of the
existence of the societies now known as the Inns of

however, may have been included between the time of his writing (probably
About 1185) and the date of Henry's proclamation (1234). Mr. Pitt-Lewis,
in his History of the Temple, p. 29, thinks the schools above referred to
were St Paul's, St. Sepulchre's, and St. Andrew's, Holbom, but this enumera-
tion is open to the same objection as Stowe's, which places two of the number
outside the " city."

(a) That law did form part of the curriculum of cathedral and collegiate
schools is probable, from the fact that the legal and educational officer of the
chapter was primarily the Chancellor, who was a lawyer, and whose original
style and title was that of schoolmaster (Leach, MemoricUs of Beverley Mintter,
Introduction, Surtees Society, vol. i. p. Mi).

(6) The word aliguis in the text of the proclamation seems to imply this.

(c) In 1254 Innocent lY. is said to have forbidden the reading of the
Imperial laws in England and other countries, and though the bull to this
effect is by some deemed a forgery, it is in accordance with the decree of
Honorius III. thirty-five years before, and no doubt expressive of papal
policy.

(d) Pollock and Maitland, English Law, vol. i. p. 184.

(3)



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The Middle Temple.

Court, and accordingly we do not find them wanting.
Twenty years after the death of Henry III., that is, in
1292, we find his successor, the " English Justinian," in
view probably of the diminution in the supply of clerical
practitioners, issuing a mandate to the Chief Justice,
John de Metingham, and his fellow-judges, " to procure
and appoint a certain number of attorneys and apprentices
of the law from every county (a), of such as seemed to
them the best, worthiest, and most, apt to learn, so that
the king's court and the people of the kingdom should
be better served, and that there should be more facilities
{major commodum), and that those so chosen should
follow his court and be present therein to conduct affairs,
and no others " (6).

The number of these Attorneys and Apprentices sug-
gested by the king and his council as sufficient was
seven score, but the judges might choose more if they
saw fit. From this it clearly appears that at the time of
this Order in Council there were in existence, apparently
in all parts of the country, classes of students or fol-
lowers of the law knovra as Attorneys and Apprentices
respectively, from which the above select number were to
be taken ; but there is as yet no sign of their forming
separate societies, or of their settling in separate Inns,
The concentration, however, of this select number in
London would naturally lead to such a result. The ten-
dency of the time was for the followers of a common
trade or calling to form themselves into guilds or frater-
nities for the study and advancement of their several
crafts, the protection of their common interests, and the
preservation especially of the monopoly they claimed for
their particular trades or callings. Infected with the same
spirit, it was natural that the lay professors of the law
should be desirous of continuing to themselves the privi-

' (a) De quolibet Gomitatu, Pollock and Maitland translate "/or every
county," vol. i. p. 194.

(6) Rolls of Parliament, 20 Edw. I. vol. 1. p. 84.



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Origin and Early History.

lege enjoyed by their ecclesiastical predecessors, to whom
undoubtedly the valuable prerogative of "pleading" in
the King's Courts was practically (though not theoreti-



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