Calender of inner temple records vol 9 1836 1845

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Interior of Temple Church, a view from the Round to the Square Church showing the completed restoration, watercolour, by an unknown artist, 1843


A CALENDAR OF THE INNER TEMPLE RECORDS

Edited by

CELIA V. CHARLTON M.A., M.R.I.C.S.

VOL. IX 6 William IV (1836) —9 Victoria (1845)

PRINTED BY ORDER OF THE MASTERS OF THE BENCH OF THE HONOURABLE SOCIETY OF THE INNER TEMPLE 2011


First published in 2011 by The Masters of the Bench of The Honourable Society of the Inner Temple

The Honourable Society of the Inner Temple, Treasury Office, Inner Temple, London EC4Y 7HL Tel: 020 7797 8250 Fax: 020 7797 8178 E-mail: enquiries@innertemple.org.uk

Copyright Š The Honourable Society of the Inner Temple 2011

All Rights Reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of the copyright owner, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organization.

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ISBN 978-0-9565096-1-1

Produced by John Saunders Design & Production Printed in Great Britain by 4edge Ltd.


EDITORIALNOTE This ninthvolumeof TheCalendarof the InnerTempleRecordsis compiled fromtheBenchTableOrders Book%hereafterreferredto as BTOBooks, (BEN/1/13—BEN/1/17),andtheActs of Parliament,(PAR/2/10).It coversthe years 1836-1845. The BTOBooksrecordthe meetingsof the BenchTable,whichtookplace roughlyonce a week duringthe legal term.Whenthe amountof businessto be heavy,as in the years 1840-1845,thesemeetingsoften discussedwas particularly happenedmorethantwice a week. The BenchTablewas composedfromamongthe Bencherswho formedthe governingbodyof the Inn.It was concernedwiththe day-to-dayrunningof the Society,whichit conductedby makingOrdersand Resolutionsas necessary.It determinedsuchmattersas the admissionof studentsas membersof the Society;it regulatedthe conductof studentsandbanisters.The Parliamentmet severaltimesa termin orderto call successfulstudentsto the Bar,or admitmembersto the SocietyfromanotherInn.Theyalso authorisedthe andadmittanceof Benchersto Benchchambers.Theannualelection disadmittance of the TreasurerandReadertook placeat a Parliament. in full in The Minutesof the BenchTablemeetingshavebeentranscribed almostall cases. The exceptionsareas follows: Wherelengthyreportswere submittedto BenchTableby Committees, andthe full detailsarereadilyavailableelsewherein the InnerTemple Archives,theircontentsaresummarisedwith quotationswherenecessary. Forsome matters,suchas the conductof individualbanisters,the Minutes areeithersummarisedor quotedin part,andfull referencesto the original papersused in the discussionof the case aregiven. The contentof a largepartof this volumeconcernsdiscussionsby the Benchersaboutthe repairandrestorationof the TempleChurch.All reports by the ChurchCommitteewhichwereenteredintothe BTOBooks,havebeen transcribedin full. Manyarchitects'reportsandsome reportsby craftsmen in full. involvedwerealso includedin the Minutes.Somearetranscribed referencesare Whereotherswere too detailedto warrantfull transcription, given to enablerecourseto the completetext. Whenfinancialaccounts andplansfor the restorationworkarementionedin the text,referenceis madeto relevantdocumentsheldelsewherein the InnerTempleArchives. All originallettersandOrders,copiedintothe Minutesby the Sub-Treasurer's Clerkareset out in full. GeneralAccountsforthe Innarenot includedin this volume,unlessrelevantto the TempleChurchrestoration,or whereotherwise it was deemednecessaryto show them.


v)

The original BTO Books for the years 1837-1840 are in a particularly poor condition, having suffered fire damage during the Second World War. For these years, the surviving Pre-War Index, compiled for years 1827-1863, was used together with other available sources in the Inner Temple Archives, which are listed below. As many of the entries during this period are partially illegible, this has been noted with the result that some of the entries are incomplete.

Conventions used have been continued from the earlier volumes in this series. For example, words within brackets [ ] are the editor's own words either to make the text readable, or to guide the reader in a matter that might be otherwise open to question. Punctuation and spelling have been updated to make the text more readable, unless quoted from letters. All the illustrations appearing in this volume can be found within the Inner Temple Archives. These comprise the frontispiece, and plates which appear opposite .pages 30, 103, 136 and 607. The Index refers just to the text of the Calendar. It does not include references to the Introduction, or to the illustrations. The other sources used in compiling the Calendar (see v) above) were:Admission Registers (ADM/2/5-8) Admission Stamp Duty Books (ADM/4/10-13) Bar Book (BAR/4/1) Chamber Reference Book (CHA/2/3) Chamber Rent Account Books (CHA/10/3-6) Papers on the Conveyance of the freehold of the Alienation Office (MUN/15/1). Very few records survive in this archive. Further details are to be found in the National Archives (T.N.A., CRES 2/638). Records relating to the Victorian Restoration of the Temple Church (TEM/2/1-13) Records relating to Music in the Temple Church (TEM/3/1- 5)

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INTRODUCTION At the beginning of the period covered by this ninth volume in the series of Calendars of the Inner Temple Records, Viscount Melbourne was Prime Minister, and Charles Dickens (living nearby in Furnival's Inn) was embarking upon his Pickwick Papers. By its end, ten years later, Sir Robert Peel was Queen Victoria's second Prime Minister. During this time, there was much debate nationally between supporters and opponents of Church reform. The Ecclesiastical Commissioners were active in considering changes within the established Church, at a time when London and other cities and towns were experiencing rapid population growth that necessitated attention to the building and repair of churches. This wider national concern was reflected within the Inns, where a principal concern of the governing Benchers was the repair and restoration of the Temple Church. A large part of the content of this present volume concerns this issue, which was the joint responsibility of both Societies, the Middle and Inner Temples: the Middle for the north side, and the Inner for the south side. J. Mordaunt Crook, the historian, said of the Temple Church that its "restoration during the 19th Century was an early landmark in the history of the Gothic Revival ... From the blitz-scarred manuscripts of the Inner Temple we have now sufficient evidence to reconstruct the circumstances of this architectural cause celebre."1 These manuscripts form a substantial element of the source material for this volume. The Inn was fiercely protective of its control of its estate in London and keen to assert its independence from encroaching authorities. For instance the Inner Temple's solicitor was regularly instructed to monitor proposals about the embankment of the Thames, to protect the Inn's territorial integrity (p.171). This issue was deemed to be of such importance that in January 1844, the Thames Embankment Committee, charged with oversight of the proposed Bill, was expanded to consist of "the whole Bench, three being a quorum" (pp. 478, 481). The Society's solicitor was also required to monitor debates about the London Building Acts and to challenge any assertion of authority within the Temple by the City's District Surveyor. Both Inns maintained their own Watch Establishment, and generally preferred to incur the cost of this rather than to allow access by the City Police.2 But in July 1845 the Inner Temple felt it necessary to ask for help to "keep order in their garden during the hours of 6 and 9 in the evening of the summer months when it is open to the public...The garden is often thronged particularly on Sunday evening and many of the visitors are not of the most respectable order."(p. 592).

I

J• Mordaunt Crook, 'The Restoration of the Temple Church: Ecclesiology and Recrimination', Architectural History, vol. VIII, 1965, p. 39. This paper appeared as an edited version in The Inner Temple: A Community of Communities, C. Rider & V. Horsler, eds., London, 2007, pp. 78-79. 2 By the London Police Act 1839, the Temple became part of the Ward of Farringdon Without, for police purposes only (p.132), the Inn paying the Police rate. This meant they were not liable for the Ward rate (p. 407).

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In 1843, there were concerns that the Temple Church might fall under the jurisdiction of the Diocese of London, when the Ecclesiastical Courts Bill was before Parliament. In May that year a draft amendment was proposed to be introduced into the Bill (pp. 427- 428) after previous discussions with the other three Inns, seeking that they might be "expressly excepted out of the operation of the Act as fqr as regards Ecclesiastical jurisdiction".3 A later entry in 1845 (p. 590) records the invitation to the Bishop of London by Dr. Stephen Lushington, one of the Masters of the Bench, to preach the afternoon sermon on 25th May, and that he was presented with "the customary fee of two guineas .for preaching the sermon, which his Lordship was pleased to accept". But this simple sounding transaction had a wider importance: it was a further assertion of the Temple Church's independence from the Bishop or Archdeacon of London or from any other Diocese.4 In April 1845, the Master of the Temple retired. All correspondence about his replacement is copied into the Minutes of the BTO Book. Among this is a letter of th-29 April from the Inner Temple's Treasurer, Mr. Burge, to Sir Robert Peel: "I have the honour to acknowledge the receiPt of your letter of today's date acquainting me as Treasurer of this Society that the Queen had been pleased to approve of the recommendation you had offered to Her Majesty in fqvour of the appointment of the Revd. Dr. Robinson to the Mastership of the Temple" (p. 570). The Church was being

treated as a Royal Peculiar, with the Master requiring letters Patent from the Queen for his appointment.5

The Calendar only records the Minutes of the meetings held by the Bench Table and Parliament. It does not provide a complete picture of life in the Inns at the time. Tantalisingly, Committees were frequently being formed but rarely are there any ensuing reports of their findings beyond the obvious cases where money was required to fund projects, for example the Temple Church repairs or the proposed remodelling of the kitchens. When reports needed to be circulated, there is sometimes reference to their being sent out as 'lithographed reports', an example of the use of this relatively new process, mentioned as early as 1841 (p.120).6 Social issues of the time make some appearances: one example is poor relief. A gratuity of twenty five pounds was paid in 1844 to St. Dunstan's parish Charity and Foundation Schools (pp. 484-485), after a prompt from the Churchwardens that many of the servants who attended on gentlemen members of the Inns had children at these schools. The Treasurer of the Inner Temple became a perpetual Governor of King's College Hospital after a donation by the Bench Table of fifty pounds in 1839; a further twenty five guineas was given in 1843, and again in 1845. The Inn had long recognised an historical responsibility for foundlings. But there is only one entry between 1836 and 1845 for a gratuity to a foundling; they were much more numerous 3 Letter from the solicitor representing Lincoln's Inn, Edward Leigh Pemberton, to Henry Chilton, the Inner Temple's solicitor, dated 22" February 1843, LEG/3/3 (Inner Temple Archives). 4 See Lord Silsoe, The Peculiarities al the Temple. London, 1972, P. 60. An Order in Council of 8`5 August 1845, which reflected the work and decisions of the Ecclesiastical Commissioners who had the power to determine the future of Peculiars throughout the country, was silent about the status of the Temple Church. 5 See SUB/8/63 on the status of the Temple Church. 6 The first postage stamp, the Penny Black, had been issued in May 1840.

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in the later 18th Century. Fifty pounds was awarded to Edward Temple for the purchase of the tools of his trade as a wheelwright after he completed his apprenticeship in 1836 (p.14). The Benchers regularly responded to petitions by their servants for poor relief, paying for funerals of widows or for family expenses of an employee, and in one instance enabling two children of an employee's widow to go to a Union school. In the case of the late Sub-Treasurer's family the Inn provided an annual allowance for all five children until they were old enough to gain employment. James Gardner became the Clerk in the Sub-Treasurer's Office until 1841 when George Bryant took over. A sum not exceeding forty pounds was given to equip William Gardner on his voyage to sea (p.108). The more everyday concerns of the Bench Table are also documented. The admissions of students, calls to the Bar, permissions to practise as Special Pleaders, various memoranda and petitions from members about conduct (pp. 496-498), the keeping of terms, and the refusal of attorneys or clerks to be called to the Bar, make regular appearances in the Minutes, such as the case of Henry Hugh Pyke, Esq., (pp. 561-562). The universities of Durham and London sought recognition that their degrees would reduce the number of terms which their alumni would have to keep to be called to the Bar, thereby seeking the same treatment as was accorded to Oxford and Cambridge graduates (p. 463). The Inn had to consider its first application for membership from "a gentleman of the Jewish persuasion" in May 1841 (p. 265). He was eventually admitted a member and called to the Bar in November 1842, after the other Inns had been asked for and explained their practices (pp. 271-273, 387). A Canadian barrister of six years standing sought exemption from the need to keep terms before call to the English Bar, but was refused (pp. 579-582). Barristers of the Inn, who had recently become Queen's Counsel, were chosen by ballot to become Benchers. James Russell entered a complaint that he had not received the customary honour of being invited to join the Bench after a ballot in which he seems to have been blackballed. He commented that "the Benchers of' the Inner Temple are not a Club, where prejudice or private humour can properly and without much harm be allowed to have sway". He doubts -whether it can be according to the law and constitution of an ancient prescriptive body.., where such importance is given to a single vote" (pp. 563-564). He failed in his attempt to become a Bencher. The annual election of a Treasurer and Reader for the ensuing year took place at the Parliament. There is an interesting discussion about the appropriate response (p. 517 ff.) when the Bencher next in line for the Treasurership declined the position. Another regular entry concerns the disadmittance and admittance of Benchers to Bench chambers. The Chamber Committee reported at intervals on the maintenance of the fabric of buildings in the Inn. The Finance Committee of the Society provided the accountant's report - a survey over a five year period of the Inn's books and accounts - to be copied into the Minutes. This includes an investigation into the practices of Mr. Gardner, the Sub-Treasurer's clerk and also the Collector of Commons and Rents (p. 299 ff.), who was dismissed from his job in April 1841 (p. 246). There followed a report on the consequent changes to be made to the system for collection of rents in the Sub-Treasurer's office (p. 341 ff.). Entries about the responsibilities and duties of servants or officers of the House include a Committee ix


investigation into the remodelling of the kitchen, which lists all the salaries of the various employees (pp. 504 and 524 ff.). Extra payments to the Librarian are frequently discussed. He was in this period the Revd. William Henry Rowlatt, who had entered the Society in 1794, was appointed Librarian in 1818 and became Reader of the Temple Church in 1820. He had four sons and five daughters (p.183) most of whom still relied upon him for support (p. 587 ff.). An updated catalogue for the Library was commissioned in 1842 (p. 363) and completed by 1845, and donations to the Library are listed. Many of these gifts no longer survive, because of war damage. One exception is a manuscript on the Chancery and its Rules (Misc. MS 35), annotated by Heneage Finch, later 1st Earl of Nottingham, who was Lord Chancellor from 1675 until his death in 1682. The manuscript was presented to the Library by John Wyatt, a Bencher, on 26th April, 1842 (p. 362). Occasionally there are entries that go beyond the normal routine. Examples are a weekly menu for barrister and students' table dining (p. 583) or the allowance of an extra bottle of port or sherry on the anniversaries of the Queen's or Prince of Wales' birthdays, of King Charles II's Restoration or of the Battle of Waterloo (p. 524). Paper Buildings burnt down in 1838, and there were discussions about their rebuilding. Macadamizing certain lanes within the Temple (p. 84), and in 1845, an assessment of whether gas could be introduced on several staircases (p. 575) are also considered within the Minutes. The Inn eventually bought the Alienation Office and Garden. Initially the price sought in 1835 was £6,500 (p. 24). But the sale was completed at just £3,750, as recorded in the BTO entry of 16th February 1842 (p. 354). This followed protracted negotiations between the Inn and the Commissioners of Her Majesty's Woods, Forests, Land Revenues, Works and Buildings (who had in 1835 taken over the responsibility for the property from the abolished Commissioner of the Alienation Office (pp. 24--26)). Their disputes (among which were the Inn's claim to own already the fee simple of the property occupied by the Office) were eventually settled by an agreement to abide by a valuation produced by a majority of three surveyors —one appointed by the Inn, one by the Commissioner of Her Majesty's Woods, etc., and one by the two surveyors so appointed (p. 228). Littleton Buildings now stand on this site. Another discussion occurred about the possible use of the Inner Temple Hall (Plate 1) as a place for sittings of Equity Court Judges (p.153). The proposal to use Middle Temple Hall as a venue for divine service for both Societies throughout the period of restoration of the Church, was found to be unlawful without the necessary certificate from the Bishop of London's Court. The Committee feared "the registration inight originate a jurisdiction over the Temple on the part of the Bishop of London" and therefore the matter was taken no further (p. 266). In his paper entitled, The Restoration of the Temple Church: Ecclesiology and Recrimination, J. Mordaunt Crook describes the restoration in the early 1840's as being a major triumph for ecclesiology, but comments that "in [the] enthusiasm jsr restoration, ecclesiology engulfed antiquarianism'. He tells of the "monumental tablets being bundled unceremoniously into the trifi)rium and vestr.C.7 This conflict 7

J. Mordaunt

Crook,

1965, p. 43.


between antiquarianismand ecclesiology finds some echo within the reportsof architectsand some craftsmeninvolved in the repairand restorationof the Temple Church.It appearsalso from the Masterof the Temple's letters. By 1838, the Revd. ChristopherBenson, Masterof the Temple, was alreadyan old man, and going deaf. Hence he wrote to the Bench in a letterdated 20thJanuary 1843, (relatively soon after the re-openingon 20thNovember 1842), "... as my deafness precludes me from entering into conversation, I will add a few remarks in writing.... No. I. In addition to the inconvenience entailed by the present mode of admitting persons to the seats qf the painted Church, as if it were a painted theatre, I have to state that my own servants on Sunday last were refused a seat because they had no tickets. One of them had to stand the whole time of the service. I trust I need do no more than make this statement..." (p. 400).

Victorianlove of spectacle was an integralpartof the designs of the architects and decoratorsin many of the new churchesbeing built in this period. Adornment took precedencesometimes over the liturgicalrequirementsof divine service. For the Temple Church,this was manifest in a decision to place a centralblock of pews across the main aisle of the SquareChurch(p.199). The architects'new seating plans were examined in minute detail, accordingto the Minutes,which specify where differentpersons could sit and what space they might occupy. Benchers' ladies were to be allowed seats 1 ft 11 ins. wide; Bencherswere to have a mere lft 10 ins., while 3/4 barristerswere permitteda more generous lft 11 ins. (p. 313). On May 231'11843,Benson wrote, "The Master of the Temple begs leave to state that he cannot consider the lace embroidered article, which is placed on the top of what ought to have been a communion table, but is an altar, to be consistent with the requisition of the rubric, that 'afair linen cloth' be put upon the table when there is a sacrament. He also much regrets the substitution of an altar instead of the table which was formerly in the Church, both as an innovation not in harmony with the prayer book, and as implying a doctrine the Liturgy does not sanction. An altar implies a sacrifice, and is not consistent with any views of the Lord's Supper except those held respectively by Papists, Laudians, Non-jurors, and Tractarians." (p. 427). Bench Table agreedwith him: "Ordered that it is the opinion of this Bench that the Master's wishes (that a fair linen cloth without embroidery or lace should be placed upon the Communion Table) ought to be complied with." (p. 427).

The Masterof the Temple also had problemswith the newly popularinterest in churchsinging and chantinganthems.He disapprovedof female professional singers appearingin the organgallery. This was takenup by the ChurchCommittee, who reported,"that in a Collegiate Chapel, appropriated principally for men, it was scarcely right to have retained female singers in this conspicuous situation, and certainly such an exhibition was not in keeping with the restored style and character of the Temple Church." (pp. 382-383). A proposalfor a perpetualchoir to be formed

was discussed, and a choir masterwas appointedwho chose only male voices, recruitingsome singers from the FoundlingHospital,the Chapel Royal and the Abbey, "so that the Choir will consist of the very first singers in England" (p. 387). This was the beginningof the modernday Temple Choir.

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The Master had to battle to retain control of the form of divine service. A memorial sent to the Bench Table, dated 8th February 1843, and signed by 205 banisters and members of the two Societies commented that "your establishment of a complete and effective choir is in such petfect harmony with the recent architectural restorations of the Church...". They were complaining that the Master

had suppressed a considerable portion of the Choral Service in the previous Sunday's service and wished to express to the Table "and through you, to the Revd. The Master, their deep regret that any change should have been made". His riposte complained of his "having voluntarily been placed in the position of so many Ministers of dissenting congregations who are subject in the manner of conducting the worship of Almighty God to the will of their congregations acting through a Committee of Management... when might is measured not by the soundness of their reasoning but the number of their subscribing names." (p. 417).

The Final Report on the repair and restoration of the Temple Church, approved by the Church Committee, after their 195th meeting on 12th June 1843, gives a full account of all the works undertaken (p. 436 ff.). It indicates that an early impetus came from Mr. Burge, a Bencher from Inner Temple, who on 4th May 1838, was authorized by both Societies to undertake steps to make the necessary repairs to the organ. By 13thJune 1839 the surveyor of the Middle Temple wrote, "that the Masters of the Bench of that Society had ordered the interior of the Church to he repaired and beautified, and some portion of the external wall to he repaired, and requested the concurrence of the Inner Temple therein ... "(p.120). In early January

1840 each Society created three Benchers as 'Deans' to supervise the works on their own side of the Temple Church. These positions were considered no longer necessary by November 1843 (p. 466). Mr. Burge, who was one of the main Benchers involved in the restoration works, wrote his own leaflet "Temple Church: Account of its Restoration and Repairs" in January 1843. He quoted from a sermon by J.H. Rose, B.D., given at the University of Cambridge on 18111 May 1834, "Let us reverence the spirit of self sacrij ice of the Dark Ages... and see with what a noble ardour the men of those days devoted all - money, time, thought, hope, life itself- to raise fbr God and man, shrines as worthy of God as human hands could raise, and fit and able to man's thought and hope beyond earth, and lead it on heavenward". This high

religious tone was reflected in the redecoration of the Temple Church. The tastes for 'embellishment' (p.163) and for the ecclesiastical architecture of the Middle Ages were elements of the overall idea of returning the Church to its believed "original beauty" (p.192) as it was under the Templars, especially after paint traces were discovered on the ribs and vaultings (pp. 200 and 440).8 One of the architects consulted, L. N. Cottingham, had his own museum of examples of carvings and plaster casts of the medieval period, which were used and copied in the restoration works. He arranged for casts to be taken of the effigies of the Knights Templar before they were restored.9 James Savage, the architect of behalf of the Middle Temple, when replacing the capitals of the arcade piers insisted that the workmen cleaned up

A book of the drawings made by W.R.I 1. Essex, with an account of the restoration work by Sydney Smirke, entitled, Illustrations oldie Architectural Ornaments and Emhellishments and Painted Glass of the 'imple Church, London, was pubhshed in 1845 by J. Weale. 9 Letter, dated 1911'March 1841, from Mr. Coltingham to Mr. Savage (TEM/2/7).

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the original capitals and took casts of them to ensure the replacements were accurate.I0 There were obviously casualties as well as gains from this approach to 'beautification and embellishment' of the Church, and there were accusations of vandalism from some contemporaries. The Wren pulpit and altar-table were removed and put at the disposal of the Archbishop of Canterbury (pp.176 and 205)•" The altar screen, organ screen and wainscoting were sold at auction for £365 and the old pews were sent to be installed in "a church in the Liberty qf the Rolls" (p.193). The position of the organ and its gallery (Plate 2) were altered after the dangerous state of repair of the gallery had been identified. There was much heated discussion about where to resite them. Not only architects were invited to comment on the repositioning: two of the country's leading artists were asked for their views. William Etty, R.A. was one of them. On 23rd July 1840 he expressed his decided objection to the replacing of the organ between the Square Church and the Round, "as breaking the heautiluil length, and destroying at once the great advantages which have just been gained, and which struck me most lbrcibly on its entrance".12 James Savage, the architect of the works at the time, reported, "a good central view of the East or Altar end of the Church from the entrance [West door] was always a main object in the older times and never considered secondary".13 The position finally selected followed the then existing example of Magdalen College, Oxford, in the chapel originally built by Bishop Waynefleet, "with an organ chamber projecting from the south side in the middle hay offive, the other 'bur bays having windows in each" (p.186n.)." The new position of the organ therefore opened up the view from the altar westwards. It became possible to see from the East End wall to the West door of the Round Church, above which was the recently discovered original wheel-window (p.186). The first reference to the discovery of this window appears in the report of the Joint Committee of the two Societies, entered into the Minutes on 3rd November 1840. A century later, this window remarkably survived the bombing of the Church on the night of th 1oth May 1941. Aesthetic considerations also led to the removal of most of the monuments that had hung on the walls oron the Purbeck marble pillars. There were 92 in total according to Lewer & Dark.b There was much discussion of a proposed cloister to be erected for their relocation, but this was considered too costly and the Master resisted intrusion into his garden. Cottingham's report of 26111October 1840 (p. 200) suggested the removal of the Knights Templar to achieve "a much better dkct if placed between the main pillars' of the Round Church north and south thereby leaving the area of the nave clear and unencumbered". The smaller tablets were put up into the triforium or into the newly built vestry beneath the new organ loft.

IU

C.M.L. Gardarn, 'Restorations of the Temple Church, London', p. 112, in Medieval Art. Architecture in London, L. Grant, ed., B.A.A. Transactions, 1984, vol. X, Leeds, 1990. The pulpit was moved to Christ Church, Newgate Street, and was destroyed in the Second World War. and Repairs. 1843. p. 32. 12, Quoted in William Burge's Temple Church: Account of its Restoration See p. 201 and TEM./2/8 for reports on the position of the organ, by Sava2e. Cottingham and others. 14 The position of the organ in Magdalen Collette Chapel has since changed. D. Lewer and R. Dark, The Temple Church in London. London, 1997, p.102.

and Archaeology


Mr. Edward Richardson's application to be allowed to engrave the drawings he had made "of the effigies of the Crusaders in their restored state" was granted by the Church Restoration Committee on 22 November 1842. The effigies had been stored in a damp shed in Hare Court during the winter of 1841- 42, but plaster casts had been made prior to this.16 Richardson wrote a detailed description of his restoration of the effigies, and a BTO Book entry on 14thJune 1844, records an Order for six copies of the Appendix to his book "The Monumental Effigies of the Temple Church" for the Society (p. 509). Surprisingly, this is the only mention of his having been involved in their restoration in the BTO Books. Plate 3 illustrates one of the 13thcentury military effigies. Prior to restoration of this figure, Richardson noted "the principal defects [as being] the nose, the right hand and part of the left, the sword from the hilt downwards, one entire side of the plinth [and] a portion of the upper part ql the shield...".17

The initial Church repairs, notably to the timber roof, porch, east wall stonework, and the required "warming" of the Church, developed into time-consuming and expensive works that must have inconvenienced many members of nearby sets of chambers. Work began in earnest after an Order dated 24th April 1840 (p.153) with workmen still there until the final Report was laid before the Bench June 1843. However, the church probably reopened for divine service Table on 16111 on Sunday, 20th November 1842. That was the date proposed in the BTO Book (p. 387), but there is no later reference to show that it did in fact occur then. The Church Restoration Committee Minutes for 16thNovember recount the plan "that the doors be opened at 1/4past 10 o'clock on Sunday morning, and that a curtain to be hung outside the West Door such Jhr the purpose of preventing as much as possible the influx of cold air into the Church during the time the door is open for the admission of the congregation. Resolved that all carriages be admitted at the Middle Temple gates and go out by White Friars gate.""

The total cost of the works was reported to be nearly ÂŁ52,000 (p. 448). However, J. Mordaunt Crook considers the correct figure to be in the region of ÂŁ70,000.19 The matter of costs had led to the dismissal in April 1841 of the architect James Savage. Following an investigation he was found to have grossly exceeded his

Letter from Mr. Cottingham to Mr. Savage regarding some casts which had been taken of the Knights Templars for Mr. Cottingham (TEM/2/7). Further casts were taken after the restoration, for use at the Crystal Palace Exhibition at Sydenham, which opened in June 1854 (BTO 19 Apr 1853). itf the Temple Church, with an Account qf their Restoration Oigies The Monumental 17 E. Richardson, Military Effigies in in the Year 1842, London, 1843, p.15. See P.J. Lankester, 'The Thirteenth-Century pp. 76-83, both in Monuments', and Burials 'Medieval the Temple Church', pp. 93- 134, and D. Park, Park, eds., Boydell D. and Griffith-Jones R. Art, Architecture, The Temple Church in London: Histoty, The effigy restoration. their and effigies the about discussion recent Press, Woodbridge, 2010, for more three the of one for posthumously made possibly and 1260, after shown in Plate 3 was carved Marshals, Earls of Pembroke, who were buried in the Church, and who died 1219, 1231 and 1241 lc

pp.116- 118). TEM/2/4/2. The Illustrated London News, 511'November 1842, p. 412, quotes 'the opening as announced for (tomorrow) Sunday 6th November'. Magazine, was reported in the Gentleman's 19 J. Mordaunt Crook, 1965, p. 43. The figure of ÂŁ70,000 20, 1843, p. 301.

(ibid., 18

)(iv


estimates (p. 286).20 To replace him the Middle Temple suggested Charles Bany,2i and in the event of his declining to act, the successive order of those architects to be invited was Mr. Cockerill, Mr. Decimus Burton, Mr. Railton, Mr. Tite and lastly Mr. Pugin (p. 260). In the event Mr. Decimus Burton took over as the Middle Temple's nominee. Sir Robert Smirke was the Inner Temple architect who was meant to collaborate with Savage on the repair works, but his ill health led him to propose that his younger brother Sydney should complete the project for the Inner Temple. This partnership of Decimus Burton and Sydney Smirke found more work had to be done, such as repairing and even replacing some of the Purbeck marble columns in the Round Church, the lowering of the floor, and the expansion of the seating arrangements, but still using the elaborately carved pew elbows by S.A. Nash (Plate 4), that had been commissioned earlier. The Inns strove to keep a tight rein on the finances. In late June 1841 when work began again after a short break following Savage's dismissal, they "strongly urge the necessity of appointing an efficient watch at the gates with strict injunctions not to allow any article whatever to be removed [by the masons] off the premises without written authority."(p. 278).

A large watercolour (91 x 68 cms.), owned by the Inner Temple, depicting the interior of Temple Church after the restoration work had been carried out, is the frontispiece for this volume. It is by an unknown hand, but would appear to date from 1843. It clearly illustrates many of the early Victorian alterations and shows a view from the Round looking towards the Square Church, a view that had previously been obstructed by the presence of the organ and gallery separating the two churches. The new position of the organ is just discernible in the middle bay of the north side of the Square. The black and white floor tiles of the Wren period had been removed and replaced by encaustic Minton tiles, with a design based on tiles from the Westminster Abbey Chapter House. The new Caen stone font, a copy of that at Alphington near Exeter, is shown in the foreground. The painted decoration in the vaults carried out under the direction of Thomas Willement, is visible in the background. The effigies of the Knights Templar are shown to be in two blocks of four in the Round, flat on the tiled paving (in accordance with the Order of 6th January 1843),22 but have yet to acquire their protective railings. These were ordered in April 1843 as "twisted iron bars in the farm of ropes",23 which must have been in position by November 1843 when Benchers of the two Inns met to discuss the lighting of the Church and it was suggested that eight movable candlesticks be placed "at each corner on the railing of the two groups of effigies" (p. 461). The position of the new carved pews can just be discerned. The block in the central aisle came under much criticism from liturgical purists at the time, who considered this obstructed the ceremonial necessities of the Liturgy. Also depicted in this painting is the stained-glass window donated to the Temple Church by Willement himself (p. 380) to be placed in the eastern clerestory window in the Round. It is described in William Burge's account "as representing the figure of our blessed Saviour enthroned" and is surrounded by the four emblems of Without this investigation, much of the detailed information on the expenses and procedures relating to the restoration works is likely never to have been recorded. 21No doubt the favourite on account of his having got the commission to rebuild the Houses of 20

Parliament after the fire of 1834. The foundation stone of the new building in Westminster was laid in 1840. 22 TEM/2/4/2. 23 TEM/2/4/2. XV


the Evangelists. Beneath the window is inscribed a passage from the Book of Lamentations, ch. 5:19. Drawings done by H.R. Essex of views of the Church and details of the painted decoration survive,24but sadly architectural and structural plans noted in the BTO Books as being in the hands of James Savage do not, as far as is known. They were possibly never returned to the Inns as requested (pp. 263 and 310). Early Victorian restoration practices are viewed today with some alarm. But the principle that "to restore is to revive the original appearance „25 seems to have been the approach of the architects working on the Temple Church. Walter H. Godfrey, F.S.A., the architect who restored the Church in the 1940's and 1950's following the extensive bomb damage of May 1941, read a paper to the Society of Antiquaries on 10thMay 1951. He said of the 1840's restoration: "Nothing could have been more thorough than the way in which every ancient surface was repaired away or renewed so that in the end the result was a complete modern simulacrum of this superb monument.� 26

One contemporary judgement was to similar effect. J. Saunders, writing in 1843 a 'sketch' on the restoration of the Temple Church,27praised the work of the restorers. "We see in it what a Gothic building really was —a structure as pre-eminent for its rich harmonies of colour as for its beauty of architectural detail and grandeur of architectural design." He suggested the Benchers of the Temple had restored it with a "truly princely liberality" and commented on the spirit in which they undertook

and carried out their task. He considered that the work should be viewed as an incentive to other church restorers to remove 'the world of whitewash'. Not all would share his enthusiasm for restoration. John Ruskin, writing in 1849, viewed restoration as "the most total destruction which a building can suffer. A destruction accompanied with false description of the thing destroyed". For him, "copying what the original craftsman had made is impossible...What copying can there be of surkices that have been worn half an inch down? The old hand and eye of the workman can never be recalled. Another spirit may he given by another time, and it is then a new building".2 These comments were general and not, so far as is

known, informed by any knowledge of the Temple Church restoration. Maybe the Benchers' "liberality" in their restoration did create a building with "another spirit given by another time" but the restored Church became and remained an important building both for barristers and the public until its destruction in 1941 required another renewal. CELIA V. CHARLTON London, February 2011

W.R.H. Essex 8z S. Smirke, London, 1845. of the Cambridge Camden Society, quoted in the Ecelesiologist in 1842. 25 One of the principles Discoveries at the Temple, London, and Notes on the Topography of the Site, Recent 2 6 W.H. Godfrey, Soc. of Antiquaries, Oxford, 1953, p.123. the for published otThrint No. II: its Restoration', in London, C. Knight, ed., 1791-1873, 27 J. Saunders, 'The Temple Church, ch. CIL vol. V. 1843, pp.17 32. The Seven Lamps of Architecture, (first edn. 1849), New York, 1857, p.161. 28 J. Ruskin,

24

xvi


1836

HENRY BICKERSTETH, ESQUIRE

TREASURER

1 January to 31 December 1836

MASTERS OF THE BENCH attending Bench Table and Parliament

Sir Charles Wetherell, Mr. William Harrison, Esquire, Sir George Rose, Sir Jonathan Frederick Pollock,' Sir Alexander Croke, Sir Robert Baker, Horace Twiss, Esquire, The Hon. Charles Ewan Law, Thomas Coltman, Francis Ludlow Holt, Henry Hall Joy, Philip Courtenay, Frederick Thesiger, Cresswell Cresswell, Richard Preston, William Burge, George Spence, Thomas Starkie, Thomas Joshua Platt, John Wyatt, John Edmund Dowdeswell and Edmund Henry Lushington, Esquires.

Attorney General since December 1834.


1836

HILARY TERM [Note: the pages of the volume have suffered fire damage and some words are illegible]

BENCH TABLE Jan. 12

Present Mr. Treasurer,: Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Law, Mr. Flolt, Mr. Joy, Mr. Courtenay, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Sir Robert Baker and Mr. Lushington. Orders of the last term were read. James McMahon, Esq., called to the Bar by Lincoln's Inn on 5 May 1814, (BTO 24 November 1835) to be admitted ad cundem to the Society on his certificate from Lincoln's Inn. Nathaniel Goldsmid, Esq., called to the Bar by Lincoln's Inn on 26 January 1831, to be admitted ad eundem to the Society on his certificate from Lincoln's Inn. Thomas Brandon Brett, Esq., called to the Bar by Lincoln's Inn on 28 January 1831, to be admitted ad eundem to the Society on his certificate from Lincoln's Inn. Alexander Erskine Holmes, Esq., called to the Bar by Lincoln's Inn in Michaelmas Term 1835, to be admitted ad eundem to the Society on his certificate from Lincoln's Inn. Mr. John Gordon, a student, having paid all dues, to have his name withdrawn, his deposit returned and his bond delivered up. BENCH TABLE

Jan. 15

Present Mr. Treasurer, Sir Charles Wetherell, Mr. George Rose, Sir Frederick Pollock, Mr. Twiss, Mr. Courtenay, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie and Mr. Wyatt. Grand Day this term to be Wednesday, 27th January. BENCH TABLE

Jan. 19

Present Mr. Treasurer (The Master of the Rolls), Sir Charles Wetherell, Sir George Rose, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt and Mr. Wyatt.

I lenry Bickersteth. [sq.. Treasurer. was variously known as The Master of the Rolls (appointed I 9 January I S361 and Baron Langdale (created 23 January 1836).


1836 HILARY TERM (Cont'd.) Messrs. George Aldham and Philip Tillard. students, having paid all dues to have their names withdrawn and their bonds delivered up. Mr. George Atkinson, a student, to have permission to practise as a Special Pleader extended for one year. Letter read of Mr. Edward Johnstone, a barrister of this Society, addressed to the Under-Treasurer. He was called to the Bar at Lincoln's Inn in Easter Term 1828. In the year 1834 he received a certificate and was admitted ad eundem to the Inner Temple. He requests the right of exemption from the additional charge for commons, according to the new regulation, of which he was not aware at the time of admission. Request not granted. The Under-Treasurer having reported that the balance in the hands of the Bankers amounts to the sum of £4050, the probable receipts for the present term to be £550, making a total of £4600. The expenditure to Lady Day, at which time the Society's rent becomes due, will not exceed £2600. Ordered that Messrs. Goslings & Sharpe, the Bankers, to be instructed to purchase £2000 of the new 3 1/2per cent Bank Annuities in the names of the Hon. Sir George Rose, The Hon. Charles Ewan Law and Mr. Frederick Thesiger, in trust for the Society. The thanks of the Society to be conveyed by the Sub-Treasurer to Mr. Baron Gurney for his present of a work entitled "A Vindication of the Proceedings of the Gentlemen of the Inner Temple" dated 1662. PARLIAMENT Jan. 22

Present The Treasurer, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Joy, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Starkie, Mr. Wyatt and Mr. Dowdeswell. James McMahon, Esq., called to the Bar by Lincoln's Inn in Easter Term 1814, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved. Nathaniel Goldsmid, Esq., called to the Bar by Lincoln's Inn in Hilary Term 183 I , as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved. Thomas Brandon Brett. Esq.. called to the Bar by Lincoln's Inn in Hilary Term 1831, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved. Alexander Erskine Holmes. Esq.. called to the Bar by Lincoln's Inn in Michaelmas Term 1835. as his certificate shows. and now a member of this Society, requesting admission ad eundem 2radum: approved.


1836 HILARY TERM (Cont'd.) BENCH TABLE Jan. 22

Present The Treasurer (Lord Langdale), Sir George Rose, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Joy, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Starkie, Mr. Wyatt and Mr. Dowdeswell. Memorial read from the Society of Attorneys, Solicitors, Proctors and others not being Barristers practising in the Courts of Law and Equity of the United Kingdom, incorporated by Charter of His Majesty King William the Fourth, as follows: "That the Committee of Management of your memorialists the said Incorporated Law Society have received information that there are several persons practising as conveyancers without authority from any Inn of Court or without being Attorneys or Solicitors. "That conveyancers' certificates have been hitherto taken out at the Stamp Office by any persons who apply for the same and pay the Stamp duty without any proof being adduced as to their competency or legal title to such certificate and in consequence thereof great injury is inflicted on the public by their malpractice and ignorance, and the members of the profession who are duly qualified are also injured thereby. "That a deputation from your memorialists, having attended His Majesty's Commissioners of Stamps and represented the evils above mentioned, the Commissioners proposed as a remedy, that if the Benchers of the several Inns of Court would direct a list to be made of the persons now authorized, or who might from time to time be authorized to practice under the Bar, the Registrar of the Board of Commissioners should be instructed not to grant any certificate unless the name of the applicant appeared in such list, leaving any party to petition the Board if he should consider himself aggrieved by the regulation and the Commissioners left it to your memorialists to take measures fbr obtaining the requisite lists from the four Inns of Court and for the continuance of them annually or each term as may be necessary. "That your memorialists find that by a regulation of the Hon. Society of the Inner Temple, the permission to practice will only be available for one year, and must be renewed annually which can only be done upon application to the Bench. Your memorialists submit that by enforcing a similar regulation at all the Inns of Court, the persons who obtain such annual permission to practice under the Bar would become more effectually responsible to the Bench, and facility would be given at the same time for preparing the list required for the Commissioners of Stamps.

4


1836 HILARY TERM (Cont'd.) Your memorialists therefore submit the subject to your consideration and trust that you will be pleased to give such directions as may enable your memorialists or their Secretary to procure a list of the persons now authorized or who may from time to time be authorized to practice under the Bar." (Examined: R. Maugham Secretary) Ordered that the Sub-Treasurer from time to time supplies a list of such persons as obtain permission to practise under the Bar. Letter of Mr.William Montague, Surveyor under the Building Act of the West District of the City of London, from the Office of Works, Guildhall, dated 14thJanuary 1836, read as follows: "Gentlemen, It having been communicated to me by your Sub Treasurer that you resolved to resist my claim as District Surveyor for Fees for the several buildings erected by you in the Inner Temple; I take the liberty of respectfully submitting to your further consideration, the reasons which induce me to believe, that some misunderstanding must exist. I shall not trouble you with detailed Clauses of the Act, conscious that if I cannot bring you to conclusions, in my favour by general statements; I shall only waste your time and mine in detail. I presume it will not be denied that the Temple comes within the Title of the Act, as a precinct, place, or liberty; and indeed the very circumstance of the specific [illegible] of the Inns of Court, by the 32nd Clause from the necessity of the division of their buildings in a manner required in any other situation, is a proof that the Act applies to them in every other respect, the only exemptions are contained in the 69th Section, in which the Inns of Court are not mentioned, and that the Temple is within the City of London, is evident from the circumstance of the inhabitants voting in the election of members of Parliament for the City. If your view of the case be correct, it would follow that you are wholly without control, that the Act not having provided for the appointment of an Officer to superintend the construction of buildings; for the Inns of Courts you are at liberty to erect what you please; and in what way you think proper; tho' in every place within the Bills of Mortality, the parties are amenable for breach of its regulations. I cannot therefore see upon what reasonable ground I am refused the remuneration to which by the law I contend I am fairly and honourably entitled. I am fully aware of the fearful odds under which I must make my claim a subject of legal investigation. My appointment by the Court of Aldermen in 1808 specifically states the Inner Temple as within my jurisdiction; and I have on several occasions received from your


1836 HILARY TERM (Cont'd.) builders my fees; this I merely state as a matter of fact, altho' I admit that their acts are not binding upon you. It may be asked why I have altered my mode of application for payment. The truth is, that finding the works erecting and as I was informed about to be erected were likely to be extensive; I thought it better to wait until they were completed, I deem it right however to state that about the year 1830 I did forward an account to your Architect, Sir Rob. Smirke, 3 but as the same was small I did not think it worth while pressing for payment at that time; if however it was intended to dispute my right, I submit that I ought to have been then so informed, in order that I might have considered whether it was prudent or necessary for me [further] to interfere, that not having been done and I having in person, and thro' the medium of my clerk, superintended, as far as was necessary for such purposes; the erection of the buildings I trust you will see the propriety and justice of at once settling my account, and not permit me to suffer in consequence of any doubt you may entertain as to strict legal right I take the liberty to add that my account was forwarded to your architect in January 1834. I have the honour to subscribe myself Gentlemen Your most obedient servant Wm. Montague Surveyor under the Building Act of the West District of the City of London" Ordered that the Sub-Treasurer informs Mr. Montague that his claim in respect to the buildings in the Inner Temple is resisted. BENCH TABLE Jan. 26

Present The Treasurer, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Preston, Mr. Burge, Mr. Spence and Mr. Wyatt. Mr. John Moore Heath, a barrister of this Society, having paid all dues, to have his name withdrawn and his bond delivered up. Messrs. Alfred Wilkins[on]4 and Henry Russell, students, having paid all their dues, to have their names withdrawn and bonds delivered up. Mr. Francis Greensill, a student, having kept 12 terms, to have permission to practise as a Special Pleader for one year. Mr. Thomas John Mazzinghi, a student, to have permission to practise as a Special Pleader extended for one year.

4

Sir Robert Smirke M S altered from Wilson to Wilkins:

admitted on 3 Oct 1838 as Wilkinson

6

(ADM/4/I

2).


1836 HILARY TERM (Cont'd.) Letter read of Mr. John Tod Brown, Licentiate of the Church of Scotland, as follows: "Before enrolling myself as a student of the Inner Temple, I think it proper, respectfully, to beg your attention to the following statement. I am a Licentiate of the Church of Scotland, that is to say, after studying at the University of Edinburgh for eight years, producing certificates of character and scholarship and signing the Confession of Faith, I was licenced to preach in the pulpits of the Church. But I have not been ordained, I cannot marry, baptize or dispense the Communion. I am not even entitled to the appellation of Revd. In short I am looked on as a layman in Scotland, ordination there constituting a clergyman and never being administered except when an individual undertakes the pastoral charge of some particular congregation. Individuals holding my status have repeatedly been called to the Sco[t]tish Bar. The facts I have thought it proper to state trusting they will furnish no ground of objection to my admission as a student of the Inner Temple and ultimately as a member of the Bar." Ordered that the Sub-Treasurer inform Mr. Brown that the Benchers present find no objection to his being admitted a member of the Society with a view to his being called to the Bar, but they cannot bind the decision of the Bench who may at the time be called upon to decide whether he shall be called to the Bar. Ordered that a catalogue of the Library be sent to the Barrister's Library at Westminster. PARLIAMENT Jan. 29

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir Frederick Pollock, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Wyatt and Mr. Dowdeswell. Messrs. Charles Romilly, Barnes Peacock, Edward Birt Acton, John Rogers, junior, William Henry Walton, William Andrew Fane de Salis, Francis Moore, Edwin John James and Henry Barry Domvile, called to the Bar. Ordered that Parliament be adjourned until Monday, l February to call Mr. William Wyllys Mackeson to the Bar.

7


1836 HILARY TERM (Cont'd.) BENCH TABLE Jan. 29

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir Frederick Pollock, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Wyatt and Mr. Dowdeswell. Mr. Arthur Pakenham, having paid all dues, to have his name withdrawn and his bond delivered up. Letter read from Joseph Pratt Wilmot, Esq. of 3 King's Bench Walk[s], dated Jan. 28th 1836, regarding his wish to avail himself of the late Act which has repealed the Stamp Duty on admissions ad eundem to the Inns of Court. He wishes to transfer his name from Lincoln's Inn to that of the Inner Temple, however he is informed that a Resolution has been passed by the Bench that does not allow barristers of more than 5 years standing to be so admitted. He notes that this would strictly exclude him. He was called to the Bar, aged 28, in the Hilary Term 1828, but pleads the following circumstances. He has for nearly nine years resided in chambers in King's Bench Walk, which on the death of his landlord, if this were to be within his own lifetime, would revert to the Society. He wishes to retain a seat in the Church and access to the Library and therefore is anxious to become a member of the Society. Ordered that the Sub-Treasurer inform Mr. Wilmot that his request cannot be complied with. PARLIAMENT

Feb. 1

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Coltman, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie and Mr. Wyatt. Mr. William Wyllys Mackeson called to the Bar. BENCH TABLE

Feb. 2

Present Sir Charles Wetherell, Mr. Twiss, Mr. Courtenay, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie and Mr. Wyatt. Messrs. Samuel Warren and Frederick W. Meymot to have permission to practise as Special Pleaders extended for one year. Charles Rann Kennedy, Esq., called to the Bar by Lincoln's Inn in Michaelmas Term last, to be admitted to the Society on his certificate from Lincoln's Inn.

8


1836

TERN1 (Cont'd.) Ordered that allowance of ÂŁ50 for the board, lodging, and schooling of Henry and Aurelia Gardner extended for one year (13TO 14 Jan 1834 and (' Feb 1835). signedj: "Fxd. Apr. 15 1836 Rob. 13aker"


1836 THE RIGHT HONOURABLE HENRY LORD LANGDALE TREASURER

EASTER TERM

BENCH TABLE Apr. 15

Present Mr. Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Preston, Mr. Burge, Mr. Spence, Sir Robert Baker and Mr. Wyatt. Orders of the last term were read. Ordered that a Committee be formed to watch over the interest of this Society in as far as may be possible to protect the rights and privileges of the House, in the progress of a Bill now in Parliament, intitled, "A Bill for the Appointment of Overseers and Maintenance of the Poor in Extra-parochial Places". Mr. Treasurer, Sir Frederick Pollock, Mr. Twiss, Mr. Law, Mr. Courtenay and Sir William Follett to be members of the Committee. Ordered that Frances Willis be appointed glazier to this Society in the room of her late husband, John Willis deceased. Mr. Harrison giving notice of motion for Friday next, 22' April, "that no wine be ordered from any wine merchant other than the appointed wine merchant of the Society except upon a special Order of the Bench, and that all port and sherry wines be bottled in full quart bottles". BENCH TABLE

Apr. 19

Present Mr. Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Coltman, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt and Mr. Wyatt. Mr. Benjamin Capper's second application for relief considered and also Mr. Wyatt's motion that the sum of E20 be given to him as a gratuity. Ordered that the Sub-Treasurer inform Mr. Capper that the Society cannot render him any further assistance. Grand Day this term to be Wednesday, 27 th April. PARLIAMENT

Apr. 22

Present Mr. Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Thesiger, 10


1836 EASTER TERM (Cont'd.) Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Sir Robert Baker, Mr. Wyatt and Mr. Lushington. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during vacations. Charles Rann Kennedy, Esq., called to the Bar by Lincoln's Inn in Michaelmas Term 1835, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved. BENCH TABLE Apr. 22

Present Mr. Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Sir Robert Baker, Mr. Wyatt and Mr. Lushington. Mr. Harrison's motion "that no wine be ordered from any wine merchant other than the appointed wine merchant of the Society except upon a special Order of the Bench and that all port and sherry wines be bottled in full quart bottles" considered. Ordered that in future all port and sherry wines be bottled in full quart bottles. Digby Cayley Wrangham, Esq., called to the Bar by Gray's Inn in Trinity Term 1831, to be admitted ad eundem to the Society on his certificate from Gray's Inn. PARLIAMENT

Apr. 29

Present Mr. Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Courtenay, Mr. Burge, Sir Robert Baker, Mr. Wyatt and Mr. Dowdeswell. Messrs. Anthony Spedding, Charles Lane, James Holbert Wilson, Theodore Brooksbank, Edward Kensington, John Hibbert, Henry Roberts, Matthew Henry Marsh, St. George Richard Gore and Charles Henry Ansley Martelli, called to the Bar. Digby Caley Wrangham, Esq., called to the Bar by Gray's Inn in Trinity Term 1831, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved.

11


1836 EASTER TERM (Cont'd.) BENCH TABLE Apr. 29

Present Mr. Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Courtenay, Mr. Burge, Sir Robert Baker and Mr. Wyatt. Letter of Mr. William Montague, the City Surveyor, from the Office of Works, Guildhall, dated 21't April 1836, addressed to Edward H. Martin, Sub-Treasurer, read, as follows: "Sir, I very much regret the necessity of again troubling you on the subject of my claim for fees as District Surveyor for Buildings erected in the Temple, particularly after the communication with which I was favo[u]red on the 25th of January last, stating that the Masters of the Bench of the Society were of opinion that there was no ground for my claim. Since that period I have made further enquiries on the subject and I have obtained a copy of the case and opinion that was taken by the direction of the Court of Aldermen on the representation of my predecessor Mr. George Scott. It appears to me so conclusive that I am very anxious the Society should be informed on the subject and for that purpose I enclose you a copy not doubting that on its perusal the Society will feel the justness of my demand and direct its payment. I am, Sir Your most obedient servant Wm. Montague" Copy of part case and opinion referred to in the above letter: "An opinion is desired whether those parts of the Inner and Middle Temple which are locally situated within the liberties of the City of London are or are not subject to the provisions of the Act of the 14 George III c.78 and to the jurisdiction of the Court of Mayor and Aldermen of the City of London and the Surveyor of the District appointed by virtue of the said Act." "We are of opinion that the parts of the Temple locally situate within the liberties of the City are subject to the provisions of the Act and to the jurisdiction of the Court of Mayor and Aldermen and to the Surveyor appointed by that Court but as it may be a question whether the District of the Temple is included in the appointment as at present worded. It may be prudent before any steps are taken to enforce the Surveyors authority to give him a new appointment including the Temple in express terms which new appointment may recite that doubts had been entertained whether the Temple was included in the

12


1836 EASTER TERM (Cont'd.) former appointment and that the new appointment is giving for putting an end to such doubts." [signed] "V.Gibbs John Sylvester Newman Knowley's H. Dampier June 10th 1806" Ordered the Sub-Treasurer inform Mr. Montague that his claim as District Surveyor for Buildings erected in the Inner Temple be disallowed. BENCH TABLE May 3

Present Sir George Rose, Mr. Twiss, Mr. Coltman, Mr. Holt, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Sir Alexander Croke and Sir Robert Baker. Thomas Story Spedding, Esq., a barrister of this Society, having paid all dues, to have his name withdrawn and his bond delivered up. The thanks of the Society to be conveyed by the Sub-Treasurer to John David Chambers, Esq., for his present of his work, entitled, "The New Bills for the Registration of Electors Critically Examined". The thanks of the Society to be conveyed by the Sub-Treasurer to the Revd. James Yates for his present of his work, entitled, "Observations on Lord John Russell's Bill for Registering Births, Deaths and Marriages in England, with the outlines of a plan for registering births, deaths, and marriages in Great Britain and Ireland". BENCH TABLE

May 6

Present Mr. Treasurer, Sir George Rose, Mr. Twiss, Mr. Coltman, Mr. Holt, Mr. Courtenay, Mr. Burge, Mr. Spence, Sir Alexander Croke and Mr. Wyatt. The Hon. Charles Amyand Harris, a student, having paid all dues, to have his name withdrawn and his bond delivered up. A Committee to be formed of the following gentlemen: Mr. Twiss, Mr. Coltman, Mr. Burge and Mr. Wyatt, to consider what portion of the expense of rebuilding Harcourt Buildings should be paid by the proprietors. [signed]: "Exd. May 24 1836 Rob. Baker-

13


1836 TRINITY TERM BENCH TABLE May 24

Present Mr. Coltman, Mr. Holt, Mr. Preston, Mr. Burge, Mr. Platt, Mr. Starkie, Mr. Wyatt and Mr. Lushington. Orders of the last term were read. George Suttrell Wilson, Esq., called to the Bar by Gray's Inn on 16 November 1831, to be admitted ad eundem to the Society on his certificate from Gray's Inn. BENCH TABLE

May 27

Present Mr. Treasurer, Sir Charles Wetherell, Sir George Rose, Sir Frederick Pollock, Mr. Twiss, Mr. Law, Mr.Coltman, Mr. Holt, Mr. Cresswell, Mr. Preston, Mr. Spence, Sir Robert Baker, Mr.Wyatt and Mr. Dowdeswell. Mr. Matthew Boulton Rennie, a student, to have his name withdrawn, his deposit returned and his bond delivered up. BENCH TABLE

May 31

Present Mr. Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie, Sir Robert Baker, Mr. Wyatt and Mr. Lushington. The Sub-Treasurer reporting that the allowance of £12 per annum to Edward Temple, a foundling, given during his apprenticeship and extended by one year beyond the expiration of his apprenticeship (BTO 28 April 1835), had now expired. Ordered that £50 be granted to him for the purpose of supplying him with implements for his trade as a wheelwright and that the Sub-Treasurer do superintend the proper application thereof. PARLIAMENT

Jun. 3

Present Sir Charles Wetherell, Sir Frederick Pollock, Mr. Twiss, Mr. Coltman, Mr. Holt, Mr. Courtenay, Mr. Preston and Sir Robert Baker. Officers of the House —allowances of 7/6 per man weekly as board wages during the last vacation. George Suttrell Wilson, Esq., called to the Bar by Gray's Inn in Michaelmas Term 1831, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved.

14


1836

TRINITY TERM (Cont'd.) BENCH TABLE Jun. 3

Present Sir Charles Wetherell, Sir Frederick Pollock, Mr. Twiss, Mr. Coltman, Mr. Holt, Mr. Courtenay, Mr. Preston and Sir Robert Baker. Thomas Collett, Esq., called to the Bar by Lincoln's Inn in Hilary Term 1832, to be admitted ad eundem to the Society on his certificate from Lincoln's Inn. BENCH TABLE

Jun. 7

Present Mr. Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Courtenay, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Wyatt and Mr. Dowdeswell. William Rathbone, Esq., called to the Bar by Gray's Inn on 7 May 1834, to be admitted ad eundem to the Society on his certificate from Gray's Inn. Letter read from Mr. Charles James Cruttwell, a student, of 5 New Square, Lincoln's Inn, dated 6thJune, as follows: "Mr. Cruttwell, who is a student of the Society resides in Bath. He has kept terms since May 1833, but owing to continued illness in 1834 and 1835 lost during these years 7 terms. Having gone through a long course of pupilage, it is his desire to practise as soon as possible, and therefore every term is of importance. He is informed, however, that he has lost the benefit of this by failing in attendance 2 days in last week. Mr. Cruttwell has always understood, though he now finds erroneously, that 2 days in 2 successive weeks kept a Term; but was told on arriving last Saturday from the country that such 2 days must be in 2 entire weeks, which of course he could not then accomplish. He called immediately at the Treasurer's Office for information, and found such was the case, but was recommended by the gentleman in attendance, to dine that day (Saturday) and lay the matter before the Benchers of the Society for their indulgence. Mr. Cruttwell was never furnished with the Rules by which the Society is bound, and on this occasion relied upon the 2 days in the week commencing June 12th, which are included in the present Term. Having stated the facts, and begging with submission to remark that the delay of a term is a matter of great moment to him, Mr. Cruttwell leaves his cause in the hands of the Hon. Benchers, trusting that on a point so purely formal, and in which misapprehension was so easy, and in the present case so unintentional, they will be pleased kindly to allow him the present forfeited Term." 15


1836 TRINITY TERM (Cont'd.) Ordered that the present Term be allowed Mr. Cruttwell upon his dining 3 days in the present week. Report read of the Committee considering the proportion of expenses each of the several proprietors should bear, of the rebuilding costs of the newly erected chambers in Harcourt Buildings. The Committee find from a Report made by Sir Robert Smirke, the Architect, that considerable additional expense, to the amount of £5400, has been incurred by the Society in building the east and south and also part of the west fronts of stone instead of brick for the purpose of beautifying the Temple and adding to the stability of the building and the general improvement of the Temple and consequently to the interest of the Society as Reversioners in respect of such chambers as are held under them for life or lives and that the proprietors of chambers derive very little if any pecuniary advantage from the outward appearance of the building. The Committee also find that the proprietor's proportion of such additional expense amounts to the sum of £1828 18s. 7d. The Committee recommend that such additional expense should be wholly borne by the Society and that the proprietors for one life should pay the usual proportions of the remaining expense for rebuilding according to the Rules of the House as if the same had been built of brick instead of stone. The Committee further find that the chambers situate on the second and third floors south at No. 1 and the second and third floors south at No. 3, are held upon lives and assignments and are of opinion that the proprietors proportions of the expense of rebuilding those chambers after deducting the difference in the expense of building with stone instead of brick, should be referred to Mr. Morgan, the Actuary, as agreed to by the Bench in 1833 upon the following basis of calculation —taking money at 4 per cent what proportion in number of years purchase do the estates for the respective lives and assignments bear to thc reversion. The Committee are also of opinion that as the Society agreed in 1833 to accept the sum of £450 of Mr. Foke for his portion of the expense of rebuilding the first floor north at No. 2, he should be now called upon to pay the same and that no allowance should bc make to any of the proprietors for loss of rent during the time of rebuilding. [signed] : "John Wyatt Wrn. Burge"

Ordered that the Report be confirmed. 16


1836 TRINITY TERM (Cont'd.) Patrick Brady Leigh, Esq., called to the Bar by Gray's Inn on 8 June 1831, to be admitted ad eundem to the Society on his certificate from Gray's Inn. Mr. John George Malcolm, a student, to have permission to practise as a Special Pleader extended for one year. Ordered that the sum of six guineas be paid for the funeral of Sarah Warwick, late Head Dishwasher of this Society. The Treasurer and Masters of the Bench of Lincoln's Inn requesting a conference with the Committees of the other Inns of Court on the subject of admissions to the different Inns for the purpose of being called to the Bar, with reference to the suggestion contained in the Sixth Report of the Common Law Commission. Ordered that the following be that Committee for this Society: Hon. Sir George Rose, Mr. Courtenay and Mr. Burge. PARLIAMENT Jun. 10

Present Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Coltman, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie and Mr. Wyatt. Messrs. John Horton Atkin, William Henry Bosanquet, William Corrie, Joseph Skipp Lloyd, Herbert Owen, Charles Stewart Drewry, Arthur Armitage, George Stovin Venables, James Gardiner, William Stanley Constable, Henry Warwick Cole, John Kinnersley Smythies, Townley Rigby Knowles, Savile Craven Henry Ogle and the Hon. Anthony John Ashley, called to the Bar. Thomas Collett, Esq., called to the Bar by Lincoln's Inn in Hilary Term 1832, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved. William Rathbone, Esq., called to the Bar by Gray's Inn in Easter Term 1834, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved. Patrick Brady Leigh, Esq., called to the Bar by Gray's Inn in Trinity Term 1831, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved. Ordered that Parliament be adjourned until Monday, 13'' June, to call Mr. William James Tayler to the Bar.

17


1836 TRINITY TERM (Cont'd.) BENCH TABLE Jun. 10

Present Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Coltman, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie and Mr. Wyatt. Memorial read from Mr. Ferdinand Vigors, a student, of 16 Chester Terrace, Regents Park, as follows: He having arrived from Oxford in London on 16th ultimo, for the express purpose of keeping Term and might henceforth have dined in Hall every day without any inconvenience, but having understood from a member of the Bar and of this Society that any four consecutive days of the term would suffice to keep it, he deferred attending until Saturday last, June 4th, and thereupon ascertained (although he should dine in Hall the three following days, which he has done) he should lose the Term by reason of not keeping two days in two separate full weeks. From this he was then precluded, as the term was not continuing for the requisite period of one fortnight subsequent to Saturday, June 4th, unless the circumstances occasioned by no wilful neglect of the memorialist were taken into the consideration of the Benchers of this Society. Ordered that under the circumstances, present Term.

PARLIAMENT

Jun. 13

Mr. Vigors be allowed the

[Not noted in proceedings of Bench Table for this date]

Present Mr. Twiss, Mr. Holt, Mr. Preston, Mr. Spence, Mr. Starkie and Mr. Wyatt. Mr. William James Tayler called to the Bar. BENCH TABLE

Jun. 14

Present Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie, Sir Robert Baker and Mr. Wyatt. Mr. Frederick William Wood, a student, to have permission to practise as a Special Pleader extended for one year. Thomas John Knight, Esq., called to the Bar by Middle Temple on 25 November 1831, to be admitted ad eundem to the Society on his certificate from Middle Temple.

18


1836 TRINITY TERM (Cont'd.) Ordered that £30 be granted to Miss Bearcroft, daughter of Edward Bearcroft, Esq., late one of the Masters of the Bench, who is in the King's Bench Prison in great distress. At the discretion of the Bench the money is to be applied as follows: £3 to be paid to release her from prison, £10 to be paid to the publisher of "Doctor Bearcroft's Sermon", £5 to be given to Miss Bearcroft for her immediate necessities and the remainder as circumstances may require. June. Business adjourned to Thursday 30111 BENCH TABLE Jun. 30

Present Sir Edward Hyde East, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Preston, Mr. Burge, Mr. Starkie and Mr. Wyatt. Ordered that the following gentlemen form a Committee: Sir George Rose, Sir Robert Baker and Mr. Burge, to communicate with the Masters of the Bench of the Middle Temple regarding the state of the interior of the Temple Church. Report read of Sir Robert Smirke, Architect, dated June 271111836, regarding the state of No. 9 King's Bench Walks: On examination of the building he reports that he has little to add to his former Report, submitted to the Masters of the Bench. "The whole of it is in so very decayed a state, particularly on the north side of the staircase, that no partial repairs can be made with safety or advantage, and some parts of the wall on the west front are certainly in a more insecure state than they were at the date of that Report." He advises that some temporary means of security ought to be applied to the walls on both fronts by external shores, or props of timber, until they can be rebuilt. Ordered that Sir Robert Smirke be directed to apply without delay the props necessary for the immediate security of the building, and that the Sub-Treasurer furnish the proprietors and inhabitants of the building with copies of Sir Robert Smirke's former Reports and of the present Report. Also, to request an answer from the several holders of the chambers as to the reconstruction of the entire building. July next. Business adjourned to Thursday 14t11 BENCH TABLE

Jul. 14

Present Sir Charles Wetherell, Sir George Rose, Mr. Law, Mr. Holt, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Dowdeswell and Mr. Wyatt.

19


1836 TRINITY TERM (Cont'd.) A request, signed by 79 barristers of this Society, to consider reductions in the rents of chambers read. Ordered that the subject be postponed for consideration until the Michaelmas Term. Business adjourned to Thursday 28th July. BENCH TABLE Jul. 28

Present Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Preston, Mr. Burge, Mr. Spence, Sir Robert Baker and Mr. Wyatt. Mr. James Bland Hewson, a student, having paid all dues, to have his name withdrawn and his bond delivered up. The thanks of the Society to be conveyed by the Sub-Treasurer to the Rt. Hon. Sir John Bernard Bosanquet for his present of the proof copy of his portrait. Report read of Sir Robert Smirke, the Architect, as to the state of the Inner Temple Hall, as follows: "I beg leave to call the attention of the Masters of the Bench to the state of the interior of their Hall. It is now 20 years since it was repaired and fitted up under my direction, and nothing has been done to it since that time; the walls have become in a very discolo[u]red and dirty state and the woodwork, particularly of the ceiling, is very much in want of painting. I have had estimates made of the probable expense of cleaning and recolo[u]ring the walls, painting the woodwork of the ceiling and of cleaning and varnishing all the wainscoting against the lower part of the walls, and I have reason to believe the expense would not exceed the sum of ÂŁ320. Rob. Smirke" Ordered that consideration of the Report be postponed. Business adjourned to Wednesday 10th August next. BENCH TABLE

Aug. 10

Present Sir Charles Wetherell, Mr. Harrison, Mr. Twiss, Mr. Holt, Mr. Joy, Mr.Preston, Mr. Burge, Mr. Spence and Sir Robert Baker. Meeting of the Bench to consider the proposals made by the different proprietors of the chambers at No. 9 King's Bench Walks, with a view to the building being taken down and rebuilt. Resolve as follows: 20


1836 TRINITY TERM (Cont'd.) That the proposal made by Thomas Coltman, Esq. to rebuild and pay his proportion of the expense according to the Rules of the House, viz, two thirds, upon having his son's life substituted instead of his own on his chambers, ground floor and area south, at No. 9 King's Bench Walks, be acceded to upon his son being admitted a member of the Society for the purpose of being called to the Bar. That the proposal made by Edward Donne, Esq. to rebuild and pay his proportion of the expense according to the Rules of the House, viz, two thirds, upon having his son's life substituted instead of Mr. William Money's on his chambers, ground floor and area north, at No. 9 King's Bench Walks, be acceded to, upon Mr. Money signing the usual surrender and Mr. Donne's son being admitted a member of the Society for the purpose of being called to the Bar. That the proposal made by John Hardy, Esq. to surrender his interest in his chambers, one pair of stairs north, at No. 9 King's Bench Walks, to the Society upon his receiving an annuity on his own life equal to the present rent, viz. ÂŁ75 per annum, be acceded to. No proposal having been received from Edward Twynam, Esq., proprietor of the second and third floor sets of chambers at No.9 King's Bench Walks, held upon the life of Mr. Benjamin Hooker, resolved that Mr. Twynam be offered an annuity of ÂŁ100 per annum or an annuity, to be adjusted by arbitration in lieu of his chambers upon Mr. Hooker surrendering the chambers to the Society. Business adjourned to Friday 12thAugust. BENCH TABLE Aug. 12

Present Mr. Twiss, Mr. Holt, Mr. Preston, Mr. Burge, Mr. Spence and Sir Robert Baker. Sir Robert Smirke, present. Letter read of Mr. William G. S. White, from 8 King's Bench Walks, dated 23'd June 1836, and addressed to Mr. Martin, Sub-Treasurer, as follows: "Sir, I have to call your attention to the dangerous state of the next house, no. 9 K.B.W. Part of the front wall (the top next this house) bulges forward several inches and it is gradually separating from the main wall. Within the last 6 months the bulge has increased very much and I am in daily fear that this part of the wall will fall upon the area steps to this house and should any person be on them at the time, there is little doubt (the height considered) but that the death of such person would be the consequence. 21


1836 TRINITY TERM (Cont'd.) I have to complain also that the water pipe of the next house is defective and that when it rains heavily all the water from the house No. 9 falls in a torrent into my area instead of down the pipe. No. 9 seems in a dilapidated state generally but the defect above mentioned is so dangerous that not a day should be lost in repairing it. I am, Sir, Yr. very ob. Ser. Wm. G. S. White" The Bench considered this letter and other representations respecting the dangerous condition of the state of the building No. 9 King's Bench Walks, together with a Report given by Sir Robert Smirke on the same day that, had it stood in the streets of London, the ordinary authorities would have directed it to be instantly taken down for the public safety. Resolved that the building in question be taken down as soon as possession can be obtained, and that the Under-Treasurer proceed immediately to obtain such possession, as nearly as possible on the basis of the arrangements discussed and approved at the Bench meeting of 10 August, last. Letter of Sir Robert Smirke, dated July 22, 1836 and addressed to Mr. Martin, Sub-Treasurer, considered, as follows: "Sir, I send, for the Masters of the Bench, a drawing of the plan I have to recommend for the arrangement of the chambers in No. 9 King's Bench Walks when they are rebuilt. The five stories will be the same, and I propose to have the building of the same height as the adjoining one No. 10, making the front wall of brickwork with windows of the same size and on the same level. I am enabled to state that the expense of rebuilding the chambers in this manner will not exceed the sum of ÂŁ6000, but it is necessary I should add that my estimate is founded on the present prices of labo[u]r and materials. There is at this time, on account of the extensive works in contemplation connected with the railways, so much uncertainty and fluctuation in the prices of building that if the work is delayed and any advance should take place while it is under consideration, I must be allowed to correct the estimate. Rob. Smirke" It is ordered the same be adopted. [signed]: "Exd. Nov. 4 1836 Rob. Baker"

22


1836 MICHAELMAS TERM

BENCH TABLE Nov. 4

Present Mr. Treasurer, Sir Charles Wetherell, Sir George Rose, Sir Frederick Pollock, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Courtenay. Mr. Thesiger, Mr. Cresswell, Mr. Spence, Mr. Plan, Mr. Starkie. Sir Robert Baker and Mr. Wyatt. Orders of the last term were read. Mr. Thomas Kemp Storey and Mr. William Pinney, students, having paid all dues, to have their names withdrawn and their bonds delivered up. Memorial, signed by 78 barristers of this Society. read, as follows: "We the undersigned banisters of the Inner Temple most respectfully request you will be pleased to consider whether some reduction in the rents of your Society's chambers may not be effected consistently with a due regard to its interests.Ordered that this memorial be referred to the Chamber Committee and that they be requested to report very fully to the Bench on the subject. Proposal by Philip Courtenay, Esq., the proprietor of the second and third floor sets of chambers north, at No. 9 King's Bench Walks, that he will rebuild those chambers with the Society and pay his proportion of the expense of rebuilding the same according to the Rules of the House, upon his being permitted to substitute a young life On the chambers in lieu of his own without payment of fine. Ordered that this proposal be acceded to. BENCH TABLE

Nov. 8

Present Mr. Treasurer, Sir George Rose, Sir Frederick Pollock, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Platt. Sir Robert Baker and Mr. Wyatt. Mr. George William Wilshere Bramwell, a student of Lincoln's Inn, to be admitted a member of the Society on his certificate from Lincoln's Inn. Charles James Gale. Esq., called to the Bar by Middle Temple on 1 June 1832, to be admitted ad eundem to the Society on his certificate from Middle Temple. Petition read from Jasper Blandford. the Under-Cook, regardin2 his employment:

23


1836

MICHAELMAS

TERM (Cont'd.)

The petitioner has been Assistant and Under-Cook of the Society for 22 years. Now aged 59, he has no other means of obtaining a livelihood but in the service of the Society. However, some years ago he had an accident in the leg and, together with other infirmities, now finds himself unable to discharge his duties. His salary is £25, which with other allowances amounts to between £65 and £70 per annum. He hopes the Board will take his case into consideration, considering the number of years he has discharged his duties with satisfaction. Ordered that the petition be referred to Mr. Courtenay, Mr. Burge, Mr. Platt and Mr. Wyatt. Proposal considered from the Commissioners of His Majesty's Woods, Forests, etc., to sell to the Society the Alienation Office and Garden for the sum of £6,500. Proposal from Office of Woods etc., dated 5th August 1836, addressed to Jeremiah Simpson, Esq., and signed by B.C. Stephenson. Refers to the application of 6th November last (BTO 3 November 1835) from the Society to enter into negotiation for the purchase of the House and premises with garden and grounds, situate in the King's Bench Walk, Inner Temple, lately occupied by the Commissioners of the Alienation Office, now abolished. Together with the sanction of the Lords of His Majesty's Treasury, the Commissioners of the Board are willing to sell to the Benchers for the sum of £6,500, the premises in question, according to the Particulars, and subject to the Conditions of Sale transmitted herewith. The decision of the Benchers on this proposal is requested. Particulars and Conditions of Sale above alluded to, as follows: "Particulars and Conditions of Sale of the buildings, garden and premises called the Alienation Office situate in or adjoining the Inner Temple, London, the property of the Crown and proposed to be sold by the Commissioners of His Majesty's Woods etc. to the Benchers of the Hon. Society of the Inner Temple. The messuage or buildings and premises situate and being No. 3 in or adjoining King's Bench Walk in the Inner Temple, London, lately used as the Office of the Commissioners for compounding and receiving thc King's Fines on the Alienation of Lands and commonly known by the name of the Alienation Office with the garden at the rear of the buildings and belonging thereto. The premises are bounded on the west by the Crown Office and other chambers or buildings in King's Bench Walks, on the north by the backs of the dwelling houses, offices, yards and premises situate in Serjeant's Inn, Fleet Street, on the east in part by the printing office and other buildings occupied by Messrs. Bradbury and Evans and on thc south by the open ground or footway of King's Bench Walk. 24


1836 MICHAELMAS TERM (Cont'd.) The rooms, late of the first and third Commissioners of the Alienation Office, were let by such Commissioners to W.J. Alexander, Esq. as a yearly tenant at a rent of £50 per annum and it is understood that Mr. Alexander has underlet a portion to Digby Wrangham, Esq.. These gentlemen are still in the occupation of this portion of the property. The rooms, late of the second Commissioner and of the Master in Chancery, on the two pair story were let by those gentlemen to Mr. Thomas Williams, the late Clerk of the Entries and Office keeper as yearly tenant, at the rent of £27 6s. Od. per annum and Mr. Williams still occupies this part of the building, the remainder of which (being untenanted) has been left under his care since the suppression of the Office. It is understood that the premises are extra-parochial." Conditions of Sale The purchasers shall on or before the I Othday of " 1) October next, pay their purchase money into the Bank of England to the account of the Commissioners of His Majesty's Woods, Forests, Land Revenues, Works and Buildings in the manner prescribed by an Act of Parliament passed 10 George IV, c.50, with respect to purchase monies for lands being parcel of the possessions of the Crown, and such purchase money being paid as aforesaid, the purchasers are to be entitled to the possession on receipt of the rents and profits of the estate from the said 10thday of October exclusively and all out goings are to be cleared by the Crown to that day inclusively. That if from any cause whatever and to whomsoever attributable, the said purchase money shall not be paid into the Bank of England in manner aforesaid on or before the said 10t1day of October next the purchasers shall from that day until the actual payment of the purchase money and the completion of the purchase pay interest at the rate of £4 per centum per annum upon the amount of the purchase money. The purchase money being paid at the time above mentioned, the purchasers are to have a conveyance of the estate and of the fee simple and inheritance thereof in the form prescribed in the schedule to the said Act of Parliament of 10 George IV, c.50, which conveyance is to be prepared by the proper officer in the Land Revenue Department and to be paid for by the purchasers according to the usual course adopted on sales of Crown property.


1836 MICHAELMAS

TERM (Cont'd.)

4) The premises comprised in the particular and the fee simple and inheritance thereof have been parcel of the possessions of the Crown for several centuries and they are deemed to be extra parochial, the purchasers are to rest satisfied that they are so and are not to call for any Abstract of Title, title deeds or documentary or other evidence of the title or possession of the Crown or of the premises being extra parochial and no allowance is to be made to the purchasers in case it shall hereafter appear that the premises are not extra parochial." Ordered that a Committee be formed of the following gentlemen to consider the proposal, Sir Frederick Pollock, Mr. Twiss, Mr. Courtenay, Mr. Burge, Mr. Platt and Mr. Wyatt and that Sir Robert Smirke be requested to attend the Committee. Grand day this term to be Thursday, 17thNovember. PARLIAMENT Nov. 11

Present Mr. Treasurer, Sir George Rose, Mr. Twiss, Mr. Coltman, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie and Mr. Wyatt. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last Easter and Trinity vacations. BENCH TABLE

Nov. 15

Present Mr. Treasurer, Sir Charles Wetherell, Sir George Rose, Sir Frederick Pollock, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Wyatt and Mr. Dowdeswell. Mr. John Edward Walker, to have permission to practise as a Special Pleader extended for one year. Letter read of Mr. Edward Twynam, the proprietor of the chambers second and third floors south at No. 9 King's Bench Walks, from Whitechurch, Hants, dated 10th November, 1836, and addressed to Jeremiah Simpson, Esq., King's Bench Walks, as follows: "I beg to acknowledge the receipt of your favo[u]r of the 8th instant informing me that the Benchers have come to the conclusion not to make any addition to the annuity offered for the purchase of my chambers. You say they have read my letters. I therefore can have

26


1836 MICHAELMAS TERM (Cont'd.) nothing further to observe and 1 at once accept their proposal, namely, an annuity of 100 for the life of Mr. Hooker instead of my own to commence from Michaelmas last and I presume payable half yearly. I hope I may not be considered to have been too importunate or unnecessarily giving too much trouble. Mr. Hooker, I understand, has already by my directions surrendered the chambers to the Society. My friend Mr. Arden was obliged to pay him 5 guineas for his journey from the Netherlands to do so. This sum as well as the expenses of preparing any security to me I leave entirely to the consideration of the Benchers assuring them I shall be satisfied with what they deem right." Ordered that the annuity of ÂŁ100 per annum, proposed by the BTO 10 August last, to be granted to Mr. Edward Twynam in lieu of his chambers situate on the second and third floors south at No. 9 King's Bench Walks, be put on the life of Mr. Benjamin Hooker upon whose life Mr. Twynam held the chambers of the Society, such annuity to commence from Michaelmas day last, payable half yearly and that Mr. Twynam also be paid the sum of five guineas, being the expense he was put to in the surrender of the chambers to the Society." Ordered that a Committee be formed of the following gentlemen to consider with the Master of the Temple the subject of the Act 6 & 7 William IV, c.77, entitled "an Act for carrying into effect the reports of the Commissioners appointed to consider the state of the Established Church in England and Wales, with reference to ecclesiastical duties and revenues, so far as they relate to episcopal dioceses, revenues and patronage": Sir Frederick Pollock, the Hon. Charles Ewan Law, Mr. Starkie and Mr. Wyatt. PARLIAMENT Nov. 18

Present Sir Charles Wetherell, Sir George Rose, Sir Frederick Pollock, Mr. Twiss, Mr. Coltman, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Burge, Mr. Spence, Sir Robert Baker and Mr.Wyatt. Messrs. Peter John Denyssen, Lionel Oliver, Robert Ralph Ryley, Frank Jones Walker Jones, and Henry Edgar Austen, called to the Bar. Thomas John Knight, Esq., called to the Bar by Middle Temple in Michaelmas Term 1831, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved.

27


1836 M1CFIAELMAS TERM (Cont'd.) Charles James Gale, Esq., called to the Bar by Middle Temple in Trinity Term 1832, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved. The Bench chamber of Henry Hall Joy, Esq. a Master of the Bench, up one pair of stairs south at No. 9 King's Bench Walks, at the annual rent of ÂŁ63, was taken down in the last vacation. The chambers, up three pair of stairs south at No. 7 King's Bench Walk, to be taken from the rental of this Society and made a Bench chamber for Mr. Joy in lieu, from the twenty ninth day of August last. Ordered that the following gentlemen be a Committee for the consideration and regulation of all matters relating jointly to this Society and the Middle Temple: the present Treasurer, Mr. Jekyll, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, the Rt. Hon. Henry, Lord Langdale, Sir Frederick Pollock, Mr. Twiss, the Hon. Charles Ewan Law, Mr. Coltman, Mr. Holt, Mr Ray, Sir Alexander Croke, Sir Robert Baker, Mr. Wyatt, Mr. Minshull and Mr. Courtenay. Horace Twiss, Esq., to be Master of the Library and Reader of this Society for the next Lent vacation. Sir Frederick Pollock, to be Treasurer of this Society for the ensuing year. BENCH TABLE Nov. 22

Present Mr. Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Coltman, Mr. Joy, Mr. Courtenay, Mr. Spence and Mr. Wyatt. Mr. William Atherton, a student, to have permission to practise as a Special Pleader extended for one year. Ordered upon thc Report of the Committee regarding the petition of Jasper Blandford, the Under-Cook, that he be allowed during pleasure a pension of f..30 per annum to commence at Christmas next. BENCH TABLE

Dec. 7

Present Sir George Rose, Sir Frederick Pollock, Mr. Twiss, Mr. Holt, Mr. Spence, Mr. Platt, Mr. Wyatt and Mr. Dowdeswell. Mr. John Nodes Dickinson to have permission to practise as a Special Pleader extended for one year. Ordered upon the recommendation of the Chamber Committee, that Mr. Cobbett Derby be returned the amount of fine paid by him, 28


1836 MICHAELMAS TERM (Cont'd.) viz. ÂŁ93 6s. 8d, upon having his son's life put on his chambers, situated on the ground floor south at No. 2 Harcourt Buildings, Mr. Derby having agreed to pay his proportion of the expense for rebuilding the same, according to the rules of the Society. Ordered that this Table be adjourned to Thursday 15th December. BENCH TABLE Dec. 15

Present Sir Charles Wetherell, Sir George Rose, Sir Frederick Pollock, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Spence, Mr. Starkie, Sir Robert Baker, Mr. Wyatt and Mr. Dowdeswell. Ordered that Thomas James Arnold and Tomas Dyke Acland, Esquires, have permission to have access to the Library of this Society for the next six months during the usual hours. Ordered that this Table be adjourned to Wednesday 21st December. BENCH TABLE

Dec. 21

Present Sir Charles Wetherell, Sir George Rose, Sir Frederick Pollock, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Spence, Mr. Starkie, Mr. Wyatt and Mr. Dowdeswell. Mr. Alexander Allan Francklyn, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. Thomas Greensill5 to have permission to practise as a Special Pleader extended for one year.

Possibly also knov,n as Francis Orcensill.


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PLATE 1 Inner Temple Hall, engraving by John Jackson after Henry Anelay, published in 1843


1837

SIR FREDERICK POLLOCK, KNIGHT,

TREASURER

1 January to 31 December 1837

MASTERS OF THE BENCH attending Bench Table and Parliament

Sir Charles Wetherell, Mr. William Harrison, Esquire, Sir George Rose, Sir Alexander Croke, Sir Robert Baker, Sir Edward Hyde East, Baronet, Horace Twiss, Esquire, The Hon. Charles Ewan Law, Thomas Coltman, Francis Ludlow Holt, Henry Hall Joy, Philip Courtenay, Frederick Thesiger, Cresswell Cresswell, Richard Preston, William Burge, George Spence, Thomas Starkie, Thomas Joshua Platt, Francis James Newman Rogers, George Chilton, John Evans, John Wyatt, John Edmund Dowdeswell and Edmund Henry Lushington, Esquires.

30


1837 HILARY TERM

BENCH TABLE Jan. 13

Present The Treasurer, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence and Mr. Wyatt. Orders of the last term were read. Ordered the Committee, appointed BTO 7 June 1836, be requested to attend a meeting of the Committees of the other Inns of Court in the Council Chamber of Lincoln's Inn on Wednesday evening, 18th January at 7 o'clock, to take into consideration the subject of admission to the different Inns for the purpose of being called to the Bar, with reference to the suggestion contained in the [sixth] report of the Common Law Commission. The thanks of the Society to be conveyed by the Sub-Treasurer to Thomas Metcalfe, Esq., for his present to the Library of a copy of the work of the late Lord Ashburton, entitled, "Genealogical Memoirs of the Royal House of France". Mr. Henry Wall, a student, having paid all his dues, to have his name withdrawn and his bond delivered up. BENCH TABLE

Jan. 17

Present The Treasurer, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Preston, Mr. Burge, Mr. Spence, Sir Robert Baker and Mr. Wyatt. Mr. John Melvile Glenie, a student, having paid all his dues, to have his name withdrawn and his bond delivered up. The Committee called to consider the proposal made by the Commissioners of His Majesty's Woods, Forests, etc., to sell to the Society the Alienation Office and Garden for the sum of ÂŁ6,500, met this day and reported to the Bench: "That the portion of the Temple Buildings called the Alienation Office together with the garden attached thereto, have for a long time been used by the Crown for the purposes of a Public Office. The Committee have collected and present the following dates and circumstances tending to explain the history of its present occupation and use. James I in the 61hyear of his reign (13 Aug. 1609) granted all the land, houses, buildings etc., called the Temple, in the suburbs of

31


1837 HILARY TERM (Cont'd.) London beyond Temple Bar, to Sir Julius Caesar and others for the use of the two Societies. On the 11th February 1610 (7 James I), there was an act passed by the Parliament of this House, setting forth as follows: "Whereas certain rooms have heretofore been purposely erected and builded within the precinct of this House (without any charge to the Society) for the Office of Alienation which building ever since the erection of them together with the garden thereunto adjoining have been used to and for the use of the same Office and of the officers and clerks serving in the same and for no other use; it is now therefore ordained by the authority of this Parliament that the King's Majesty, his heirs and successors shall and may for ever have use and dispose all the same rooms and building and the said garden plot thereunto adjoining to the use aforesaid or any other like public service or to and for the use of any fellow or fellows of this Society for the time being as shall seem best to his Highness his heirs and successors and that it shall and may be lawful to the King's Majesty, his heirs and successors by authority of this Parliament at all times hereafter to nominate and appoint such person and persons (being fellows of this house) to be admitted into the said rooms building and other the premises as the King's Majesty, his heirs and successors shall think convenient; and that the Treasurer of the same house for the time being shall from time to time accept and admit every such person and persons so by his Majesty, his heirs and successors to be nominated and appointed in and to the said rooms, buildings and other the premises without any charge, sum of money or other thing to be paid for such their admittance; nevertheless they shall bear all other the ordinary duties and charges of the House as others admitted generally or specially ought (respectively) to hear; and that every such person and persons so admitted may have and enjoy the same during the pleasure of his Majesty, his heirs and successors and so long as such person or persons shall continue fellow or fellows of the house and that no person or persons other than such as are before mentioned shall be admitted or shall intermeddle in, to or with any the rooms building or garden aforesaid or any of them so long as it shall please his Majesty, his heirs and successors to employ the same for any the uses aforesaid.The Fire of London occurred in 1666 at which time amongst others this building was burnt down and on the 9th February 1667 there was another act of the Temple Parliament, as follows: "Whereas certain rooms have been heretofore purposely erected and builded within the precinct of this house without any charge to the Society for the Office of Alienation which buildings ever since the erection of them together with the garden adjoinirw have been used to and for the use of the said Office and of the officers and clerks serving


1837 HILARY TERM (Cont'd.) in the same and for no other use which said buildings and several other buildings belonging to this Society adjoining to the said garden were burnt by the late Great Fire; and, whereas a certain quantity of ground belonging to this Society containing three thousand and two hundred feet or thereabouts is now made part of the said garden and some part of the buildings newly erected at the charge of the King's Majesty for the said Office of Alienation are built upon ground belonging to this Society and likewise some part of the buildings newly erected by this Society are likewise built upon ground part of the said garden containing one thousand and seventeen feet or thereabouts; it is ordered, and enacted by the authority of this Parliament that the King's Majesty, his heirs and successors shall and may for ever have use and dispose all the rooms and buildings lately erected at the King's charge and the said garden plot thereunto adjoining as now it is, in lieu and recompence of the soil whereupon the buildings have been erected as the charge of this Society or any the members thereof to the use aforesaid or any other like public service or to and for the use of any fellow or fellows of this Society for the time being as shall seem best to his Majesty, his heirs and successors. And that it shall and may be lawful for the King's Majesty, his heirs and successors by authority of Parliament at all times hereafter to nominate and appoint such person or persons being fellows of this house to be admitted into the said rooms buildings and other the premises as the King's Majesty, his heirs and successors shall think convenient; and that the Treasurer of the same house for the time being shall from time to time accept and admit every such person and persons so by his Majesty, his heirs and successors to be nominated and appointed in and to the said rooms buildings and other the premises without any charge sum of money or other thing to be paid for such their admittances; nevertheless they shall bear all other the ordinary duties and charges of house as others admitted generally or specially ought respectively to bear and that every such person and persons so admitted may have and enjoy the same during the pleasure of his Majesty, his heirs and successors and so long as such person or persons shall continue fellow or fellows of this house and that no person or persons other than such as are before mentioned shall be admitted into or shall intermeddle with any the rooms building or garden aforesaid or any of them so long as it shall please his Majesty, his heirs and successors to employ the same for any the uses aforesaid." It appears therefore that the fee simple of the soil on which the premises in question stand as also of the garden is in the trustees of the Society; but that the Crown has a right (now long enjoyed) to use the building for certain public purposes subject to certain conditions and restrictions.

33


1837 HILARY TERM (Cont'd.) The Committee recommend that these circumstances, together with copies of the documents be sent to thc Commissioners of His Majesty's Woods, Forests, etc." Ordered that the above Report be confirmed and that Horace Twiss, Esq., one of the Masters of the Bench, be requested to communicate with the Commissioners upon the subject. Grand Day this term to be Wednesday, 25'1' January. Ordered that the Treasurer be requested to order two butts of shen-y wine for the use of this Society. PARLIAMENT Jan. 20

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Platt, Mr. Spence and Mr. Dowdeswell. Parliament dissolved. BENCH TABLE

Jan. 20

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Platt, Mr. Spence and Mr. Dowdeswell. Mr. George Beckwith Yard, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. Thomas John Mazzinghi, a student, to have permission to practise as a Special Pleader extended for one year. Resolution received from the Hon. Society of Lincoln's Inn, dated 17'h January 1837, as follows: "Ordered that the Committee appointed by this Society on the first day of the present term, (to hold a conference with the Committees of the other Inns of Court on the subject of admission to the different Inns for the purpose of being called to the Bar), be requested to propose to the Committees of the other Inns of Court at their meeting on Tuesday next, that for the future the judges be requested to entertain the application of any gentleman who shall be refused admission into any Inn of Court, the Inns of Court being willing to be bound by the decision of the judges, on such application."

34


1837 HILARY TERM (Cont'd.) Ordered that the Resolution be taken into consideration on Tuesday, 24th January and that the Masters of the Bench have notice thereof. BENCH TABLE Jan. 21 [Saturday]1

Present Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Preston and Mr. Spence. Ordered that the Under-Treasurer write a letter to George Frederick Carden, Esq., a barrister of this Society, desiring him to attend the Masters of the Bench on Tuesday next, at 6 o'clock in the evening, in consequence of a complaint which has been made against him by James Russell, Esq., also a barrister of this Society, for misconduct in the Hall on Saturday, 21'` July (this day). Also ordered that the Under-Treasurer do write to the following gentleman to attend at the same time, in order that they may state to the Masters of the Bench what they know as to the occurrence complained of: Edward Hedge, Esq., 77 Chancery Lane, William Wyllys Mackeson, Esq., 5 Chancery Lane, Matthew Henry Marsh, Esq., 2 Fig Tree Court, George Binsteed Tarrant, Esq., 6 King's Bench Walk, Thomas Braithwaite, Esq., 2 Mitre Court Building, John Monson Carrow, Esq., Hall Staircase. [signed]: "Chs. Wetherell" Three letters regarding attendance at the above meeting included in the Minutes of the Bench Table Order Book. BENCH TABLE

Jan. 24

Present Mr. Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Coltman, Mr. Holt, Mr. Joy, Mr. Thesiger, Mr. Burge, and Mr. Spence. Ordered that Mr. Treasurer, with Sir Charles Wetherell, Mr. Harrison, Sir George Rose and Mr. Burge should meet in an adjoining room as a Co[mmittee] and receive the complaint of G.F.Carden, Esq., together with his answer thereto and report the same to the Bench. Accordingly Mr. Treasurer etc. withdrew, and on their return reported that in the first instance, Mr. Carden being called did not appear to be in attendance, whereupon Mr. Russell was called in who stated that personally he had no complaint to make —that some conduct of Mr.Carden appeared to be intended as an offence, but that for this [•••]2 Mr.Carden subsequently apologised —but that several gentlemen in the Hall stated to Mr. Russell that Mr. Carden's conduct ought to be

This entry bound incorrectly illegible

in 13TO Book, together with original

35

letters.


1837 HILARY TERM (Cont'd.) reported to the Bench. It appearing that Mr. Carden was then in attendance, he was called in and the nature of the complaint stated to him viz, that he had offensively thrown a glass of wine over Mr. Russell. He admitted the fact, but expressed his regret and being admonished by Mr. Treasurer, that such conduct was inconsistent with that respect for the Bench and the Society which ought to be observed, and was contrary to that gentlemanly conduct and spirit which thc Benchers thought it their duty and were determined to enforce, he in compliance with the suggestion of the Committee, stated he had no objection publicly to express that regret in reparation of the offence to the Bench and Society. Thereupon Mr. Russell [....]3 appeared to make the complaint, was called in his presence. Mr. Carden expressed his regret that he had violated those rules of gentlemanly conduct, which ought to be observed in the Hall. The Bench was pleased to express their approbation of the course adopted by Mr. Treasurer and the rest of the Committee and to direct that an entry should be made on the proceedings of what had been done in the matter. [initialed: T.P.]4 Resolution considered from the Hon. Society of Lincoln's Inn, dated January, that for the future the judges be requested to entertain the I7111 application of any gentleman who shall be refused admission into any Inn of Court, the Inns of Court being willing to be bound by the decision of the judge, on such application. Resolved that the Committee appointed by this Society be empowered at the next meeting of the Committees of the Four Inns of Court, to be held at Lincoln's Inn on January 27th, to agree to the above mentioned Resolution. Letter read from the Steward, Thomas Griffith, of the Hon. Society of Gray's Inn, dated 23rd January 1837, addressed to Mr. Martin, as follows: "You are requested to inform the Treasurer and Masters of the Bench of your Society that the Treasurer and Masters of the Bench of Gray's Inn intend, at the next meeting of the Committees of the Four instant, to submit to their Inns of Court, on Friday next, the 27111 consideration the following question, namely —when a person has been admitted a member for the purpose of being called to the Irish Bar, and kept eight terms for that purpose and has obtained the usual certificate, and been actually called to the Bar in Ireland, and afterwards applied to be called to the English Bar, on what conditions he can be so called, particularly as to the number of terms he ought to keep, and as to the

3 4

illegible Original draft copy also enclosed in the Bench Table Order Book.

36


1837 HILARY TERM (Cont'd.) deposit of ÂŁ100, ordered by the regulations of the Four Inns of Court in 1798." Ordered that the subject be referred to the Committee appointed by this Society to meet on January 27th. Letter read of Mr. James Watson Sheriff, student, dated 21 January 1837, concerning his dining requirements considering the unusually short duration of this term. He intends to practice in the Island of Antigua, but at present is residing in England at great expense. He writes that the opportunity of offering himself in practice in his native place may be materially affected by the necessity of remaining from the Colony for an extra term. He is to dine in the Hall today and will do so three days in the ensuing week, which he trusts will satisfy the Masters of the Bench. Ordered under the special circumstances of the case, Mr. James Watson Sheriff be allowed the present term upon his dining in the Hall two days this week and two days in the next half week. PARLIAMENT Jan. 27

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Cresswell, Mr. Burge, Mr. Platt, Mr. Spence, Sir Robert Baker and Mr. Dowdeswell. Messrs. William John Pitt Goodrich, William Austin Montriou and William Macpherson, called to the Bar. The Rt. Hon Henry, Lord Langdale, late Treasurer, having purchased on behalf of the Society, the chambers up two pair of stairs south at No. 9 King's Bench Walk, with the garrets over the same, of Mr. Edward Twynam the proprietor. Mr. Benjamin Hooker, bought the said chamber and garrett for his Own life, according to Parliament held on 18th May, 1810. The said Edward Twynam, his executors, administrators or assigns are to be paid an annuity of ÂŁ100 per annum from the 29th September last, part payable half yearly, on Lady Day and Michaelrnas Day, and an aliquot portion thereof up to the day of the said Mr. Benjamin Hooker's demise. Mr. Benjamin Hooker requesting to be disadmitted of this: approved. BENCH TABLE

Jan. 27

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Sir Robert Baker and Mr. Dowdeswell.

37


1837 HILARY TERM (Cont'd.) Mr. George Atkinson, a student, to have permission to practise as a Special Pleader extended for one year. Ordered that Mr. John Edward Giles, a student, be allowed to keep the present term by dining in the Hall two days in this week and two days in the next half week, hc having been prevented attending the last week through severe indisposition. Ordered that Mr. Ferdinand Vigors, a student, be allowed to keep the present term by dining in the Hall one day more before the close of the term, he having dined in the Hall two days in the last week and being prevented attending since through severe indisposition. Ordered that the sum of five guineas, as a gratuity, be given to James Sheffell, the Lamplighter and formerly for 9 years a Watchman of this Society and now in destitute circumstances. Resolved that the Bench will entertain a proposition to raise a memorial to Oliver Goldsmith in thc Temple Church. BENCH TABLE [Jan. 31]

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Coltman, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie and Mr. Dowdeswell. Ordered that the allowance of ÂŁ50 for one year for the board, lodging, clothing, and schooling of Henry and Aurelia Gardner, pursuant to BTO 14 Jan 1834, 6 Feb 1835 and 2 Feb 1836, be continued for another year. BENCH TABLE

Feb. 8

Present The Treasurer, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Wyatt and Mr. Dowdeswell. Mr. George Williams Parry, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. Mr. George Morland Crawford, a student of Lincoln's Inn, to be admitted a member of this Society on his certificate from Lincoln's Inn. Petition read of Robert Tuck, the Chief Porter, stating that in the last long vacation he had the misfortune to break his leg, which has since been amputated. In consequence he is quite unable to discharge his duties of his situation. At 57 years of age and having been in the

38


1837

HILARY TERM (Cont'd.) service of the Society 14 years, he requests that he may resign his situation and have an allowance. Ordered that his resignation be accepted and that he be allowed one guinea per week during the pleasure of the Bench. Petition read of Ann Tooth, widow of William Tooth, late a watchman and messenger in the Treasurer's Office, stating he had been in the service of the Society 16 years and that she is now left quite destitute and without the means of obtaining a livelihood and that she is 58 years of age. Ordered that the sum of ten pounds be given to her to pay the funeral of her late husband and that she be allowed seven shillings per week during the pleasure of the Bench. BENCH TABLE Feb. 14

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Platt, Mr. Thesiger, Mr. Cresswell, Mr. Spence, Sir Edward Hyde East and Sir Robert Baker. Reported to the Bench that Mr. Samuel Phillips, the Clerk to the Temple Church, had resigned and that the appointment this time was in this Society. Ordered that a Clerk of the Temple Church be appointed on Wednesday 22nd February and that the Masters of the Bench are notified thereof. Ordered upon the appointment of the Treasurer that John5 Richardson, the present Under-Porter, be promoted to Chief Porter in the room of Robert Tuck resigned. Ordered upon the appointment of the Treasurer that Henry Gimber be appointed Under-Porter in the room of John Richardson promoted to Chief Portcr. BENCH TABLE

Feb. 22

Present The Treasurer, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Burge, Mr. Spence, Mr. Platt, Sir Edward Hyde East and Sir Robert Baker. Ordered that Mr. Joseph Coleman be appointed the Clerk of the Temple Church in the room of Mr. Samuel Phillips resigned, the appointment this time being in this Society.

Should he Nathaniel, see BTO 28 February I 837.

39


1837

FIILARY TERM (Cont'd.) BENCH TABLE Mar. 8

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Law, Mr. Joy and Mr. Wyatt. William M. Hindmarsh, Esq., called to the Bar by Gray's Inn on 30 January 1832, requesting to bc admitted ad eundem to the Society on his certificate from Gray's Inn. Resolved that request not approved, his having been called to the Bar upwards of five years.

40


1837 EASTER TERM

BENCH TABLE Apr. 18

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Courtenay, Mr. Joy, Mr. Preston, Mr. Spence, and Mr. Platt. Orders of the last term were read. Francis James Newman Rogers, Esq., George Chilton, Esq., and John Evans, Esq., producing His Majesty's Letters Patent constituting them Kings Counsel. Ordered that the subject be taken into consideration on Friday next, and Masters to be notified. Ordered that the Bench chambers vacant by the demise of Joseph Jekyll, Esq. and those of Mr. Justice Coltman by his promotion, to be and Masters to be h -tMay, disposed of at the Parliament on Friday, notified. The Sub-Treasurer reporting that chambers at No. 9, Crown Office Row have devolved to the House through the death on 5' February of Davies Davenport, Esquire. Sir Robert Baker and Philip Courtenay, Esq. to view and report on its annual value. Mr. Norman MacLeod, a student, having paid all dues, to have his name withdrawn, his deposit returned and his bond delivered up. Mr. Percival Andrew Pickering, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. Grand Day this term to be Thursday, 4'1 May. Ordered that the gentlemen at the students' tables be allowed a bottle of sherry or port at their pleasure, and that at all tables, instead of a bottle of either, a pint of each may be had. Ordered that the Treasurer be allowed to give any additional remuneration that he may think proper to William Usher for his attendance in the Parliament Chambers to clean the tables and for carrying up the coals for the Parliament Chambers and Library. BENCH TABLE

Apr. 21

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Preston, Mr. Spence, Mr. Platt and Mr. Wyatt.

41


1837 EASTER TERM (Cont'd.) Francis James Newman Rogers, Esq., George Chilton, Esq., and John Evans, Esq., having produced to the Treasurer His Majesty's Letters Patent constituting them three of His Majesty's Counsel learned in the Law, and been chosen by ballot this day, ordered that they be called to the Bench at the Parliament to be held Friday next, and that the Under-Treasurer notify them. Mr. William Smyth, Mr. Thomas Charles Morton and Mr. James Lord, students of Lincoln's Inn, to be admitted to the Society on their certificates from Lincoln's Inn. Mr. John Thomas Mott and Mr. John Jeffreys Wilkins, students, having paid all dues, to have their names withdrawn and their bonds delivered up. BENCH TABLE Apr. 25

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Law, Mr. Holt, Mr. Joy, Mr. Courtenay and Mr. Preston. Mr. Edward Harrison, a student, to have his name withdrawn, his deposit returned and his bond delivered up. Petition read from Mrs. Mary Ann Brooksbank, the widow of the late Chief Butler, stating that she is in her 57th year and in great distress and praying for relief. Ordered that Mr. Wyatt look into the subject and report to the Bench on Tuesday next. Ordered that Hugh Carlton, Esq., a barrister of the Middle Temple, be permitted to have access to the Library for six months. PARLIAMENT

Apr. 28

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Burge and Mr. Spence. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last vacation. Messrs Francis James Newman Rogers, George Chilton, and John Evans, called to the Bench.

42


EASTER TERM (Cont'd.) BENCH TABLE Apr. 28

Present The Treasurer. Sir Charles Wetherell. Mr. Harrison. Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Courtenav. Mr. Thesiger, Mr. Burge and Mr. Spence. The Sub-Treasurer reporting that Nathaniel(' Richardson, the Chief Porter, aged 52, is willing to insure his life for the sum of ELMO,as desired by the Bench, and that Henry Gimber, the Under-Porter, aged 21, is likewise willing to insure his life for the sum of â‚Ź500. Ordered that the arrangement be carried into effect. BENCH TABLE

May 2

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Courtenay, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Rogers, Mr. Chilton, Mr. Evans, Sir Robert Baker, Mr. Wyatt and Mr. Dowdeswell. Mr. Frederick Jacob Phillips, a member of this Society, having paid all dues, to have his name withdrawn, his deposit returned and his bond delivered up. Ordered on the report of Mr. Wyatt, to whom the petition for relief of Mary Ann Brooksbank was referred, that she be allowed the sum of twenty five pounds per annum, during the pleasure of the Bench, such allowance to commence from Lady Day last. Petition read from William Hughes, the Chief Butler, stating that in consequence of his declining state of health, he is unable to discharge the duties of Assessor and Collector of Taxes and praying that he may be relieved from that Office. Ordered that his resignation be accepted and that [a new7] Assessor and Collector of Taxes be appointed on Friday next. Sir Robert Baker, requesting to resign the Office of Auditor. Ordered that the thanks of the Society be conveyed to him by the Treasurer, for his valuable services as one of the Bench Auditors for the last ten years. Resolved that John Wyatt, Esq., be appointed a Bench Auditor in the room of Sir Robert Baker, resigned.

`f.Correction illegible

made to the name John.

-13


1837 EASTER TERM (Cont'd.) PARLIAMENT May 5

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Joy, Mr. Courtenay, Sir William Follett, Mr. Burge, Mr. Spence, Mr. Chilton, Mr. Evans, Sir Edward Hyde East, Mr. Wyatt and Mr. Dowdeswell. Messrs. David Pugh, Patrick Douglas Hadow, Francis Palmer, John Edwards Lyall, William Frederick Lawson, Robert Whitworth, George Morland Crawford and Thomas Charles Morton, called to the Bar. Disadmittance from, and admissions to, Bench chambers with fines of 40s:The Treasurer, from Bench chamber one pair of stairs east No. 7 Fig Tree Court to Bench chamber late of Joseph Jekyll, Esq., one pair of stairs No. 8 Fig Tree Court. Horace Twiss, Esq., from Bench chamber one pair of stairs No. 2 Hare Court to Bench chamber late of Sir Frederick Pollock, one pair of stairs east No. 7 Fig Tree Court. Francis Ludlow Flolt, Esq., from Bench chamber ground floor south No. 10 Farrar's Buildings to Bench chamber late of Horace Twiss, Esq., one pair of stairs No. 2 Hare Court. Sir William Webb Follett, to Bench chamber late of Francis Ludlow Holt, Esq., ground floor south No. 10 Farrar's Buildings. John Edmund Dowdeswell, Esq., from Bench chamber one pair of stairs in the Hall staircase to Bench chamber late of Thomas Coltman Esq., three pair of stairs south No.13 Paper Buildings. William Burge, Esq. to Bench chamber late of John Edmund Dowdeswell, Esq., one pair of stairs in the Hall staircase. Lord Langdale, late Treasurer, having purchased from John Hardy, Esq. a barrister, aged 63 in October last, the chamber up one pair of stairs north at No. 9 King's Bench Walk and cellar belonging (formerly known as the chamber up one pair of stairs north in the second staircase of Serjeant Hampson's Buildings) for the use of the Society. John Hardy, Esq. having been admitted on February 11th 1803, for his life, was to be paid, or his assigns, an annuity of E75 payable half yearly, viz. on Lady Day and Michaelmas Day and an aliquot portion thereof up to the day of his demise, to commence from Michaelmas Day 1836. Ordered that John Hardy now be disadmitted of this annuity.

44


1837

EASTER TERM (Cont'd.) BENCH TABLE May 5

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Joy, Mr. Courtenay, Sir William Follett, Mr. Burge, Mr. Spence, Mr. Chilton, Mr. Evans, Sir Edward Hyde East, Mr. Wyatt and Mr. Dowdeswell. Memorandum —That after the Treasurer, the Master of the Rolls, being a Bencher, do take such precedence at this Bench as he is entitled to in Westminster Hall and elsewhere. Ordered that William Hurlstone, the fourth Butler, be appointed Assessor and Collector of Taxes for the Inner Temple, and that the emoluments arising from that Office be made up to thirty pounds per annum by the Society. Ordered that Charles Beavan, Esq., a barrister of the Middle Temple, be permitted to have access to the Library for six months. BENCH TABLE

May 9

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr.Thesiger, Mr. Burge, Mr. Platt, Mr. Starkic and Mr. Chilton. Ordered that Thomas Turner, Esq., a barrister of Lincoln's Inn, be permitted to have access to the Library for six months. Grand Day next term to be Tuesday, 6th June and that the Judges, formerly members of this Society, be invited to dine with the Masters of the Bench.

[signed]: "Examined John Wyatt May 29 1837-

45


1837 TRINITY TERM

BENCH TABLE May 23

Present Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Courtenay, Sir William Follett, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Sir Robert Baker and Mr. Wyatt. Orders of the last term were read. M. John Brome, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Ordered that Jonathan Peel, Esq., a barrister of the Middle Temple, be permitted to have access to the Library for the next six months during the usual hours. BENCH TABLE

May 26

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Joy, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Evans and Mr. Wyatt. Mr. John Lane, a student, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. Ordered that a bass singer be appointed at the Temple Church in concurrence with the Middle Temple. PARLIAMENT

Jun. 2

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Chilton and Mr. Evans. Parliament dissolved. BENCH TABLE

Jun. 2

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Chilton and Mr. Evans. Mr. Charles Winston, a student, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. The thanks of the Society to be conveyed by the Sub-Treasurer to James Manning, Esq., a barrister of Lincoln's Inn, for his present to the Library of a copy of his pamphlet, entitled, "Letter to Earl Fitzwilliam

46


1837

TRINITY TERM (Cont'd.) upon the Power of Compelling the Assessment of a Church Rate, by Proceedings in Courts of Law". The thanks of the Society to be conveyed by the Sub-Treasurer to David Jardine, Esq., a barrister of Middle Temple Inn, for his present to the Library of a copy of his pamphlet, entitled, "A Reading on the Use of Torture in the Criminal Law of England, previously to the Commonwealth". PARLIAMENT Jun. 9

Present The Treasurer, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Burge, Sir Robert Baker and Mr. Wyatt. Messrs. John Scriven, junior, George Long, Thomas Lowten Jenkins, George Kettilby Rickards, John Sale Barker, William Jones, John Rolt, Benedict Lawrence Chapman, Charles Joseph Harenc, William Leece Drinkwater, William Henry Cooke, Henry Alworth Merewether, Hugh Penfold and James Lord, called to the Bar. BENCH TABLE

Jun. 9

Present The Treasurer, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Burge, Sir Robert Baker and Mr. Wyatt. Mr. Edward Henry Sawbridge, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. Robert Pashley, a student of Lincoln's Inn, to be admitted to the Society on his certificate from Lincoln's Inn. Ordered that the repair of the Temple Church be referred to the Chamber Committee with power to confer with the Masters of the Bench of the Middle Temple upon the suNect. Ordered that the Chamber Committee be requested to consider the necessity of repairing and cleaning the interior of the Hall of this Society and report their opinion to the Bench. BENCH TABLE

Jun. 13

Present Mr. Holt, Mr. Twiss, Mr. Burge, Sir Robert Baker and Mr. Wyatt. Mr. William Smyth, a student, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year.

47


1837 TRINITY TERM (Cont'd.) Further consideration of a letter received from Edward Eldred of the Middle Temple, dated 7 June 1837, as follows: " I am directed to inform you for the information of the Treasurer and Masters of your Hon. Bench, that the Treasurer and Benchers of this Society have it now in contemplation to Macadamize the Middle Temple Lane, and to request to be informed on or before Friday next, if your Society will concur in being at a moiety of the expense attending such alteration." Ordered that the Sub-Treasurer write a letter to the Middle Temple conveying the assent of this Society to the same. BENCH TABLE Jun. 21

Present The Treasurer, Sir George Rose, Mr. Law, Mr. Joy, Mr. Courtenay, Mr. Starkie, Mr. Chilton, and Mr. Evans. William Walker, Esq., who was called to the Bar by Lincoln's Inn in Hilary Term 1834, to be admitted ad eundem to the Society on his certificate from Lincoln's Inn. Ordered on the recommendation of the Chamber Committee, that the interior of the Hall of this Society be repaired, and that the report made by Sir Robert Smirke, the Architect, on 28th July last, be the basis of such repairs. Also that the Treasurer be at liberty to consult Sir Robert Smirke and adopt any further improvements and alterations that may be deemed necessary. Ordered on the recommendation of the Chamber Committee that Mr. Sloan Law, stationer, have permission to make a window on the south side of his shop in Mitre Court, Mr. Sloan giving an undertaking to block up the same whenever called upon so to do by the Society. BENCH TABLE

Jul. 5

Present The Treasurer, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Burge, Mr. Starkie, Mr. Rogers and Mr. Wyatt. The thanks of the Society to De conveyed by the Sub-Treasurer to John Hogg, Esq., a barrister of this Society, for his present to the Library ot' a copy of his work, entitled, "Notice of Two Roman Inscriptions Relative to the Conquest of Britain by the Emperor Claudius Caesar". The Treasurer this day appointed Mr. James Birks, Under-Cook in the room of Mr. Jasper Blandford, resigned. Business adjourned to Wednesday 12thJuly.

48


1837 TRINITY TERM (Cont'd.) BENCH TABLE Jul. 12

Present The Treasurer, Sir George Rose, Mr. Law, Mr. Holt, Mr. Courtenay, Mr. Spence and Mr. Wyatt. The Treasurer reporting that Mr. William Hughes, the Chief Butler, died on 18th June. Ordered that a Chief Butler be appointed on Tuesday next, I 8th July and that the Masters of the Bench be informed. Business adjourned to Tuesday 18th July. BENCH TABLE

Jul. 18

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Holt, Mr. Spence, Mr. Burge, Mr. Wyatt and Mr. Dowdeswell. Ordered that Mr. Joseph Baines, the Second Butler, be appointed Chief Butler in the room of the late Mr. William Hughes, deceased. The Treasurer this day appointed Mr. Joseph Armitage, the Third Butler to be Second Butler, Mr. William Hurlstone, the Fourth Butler to be Third Butler, Mr. John Davis, the Fifth Butler to be Fourth Butler and Mr. William Smith, to be the Fifth Butler of this Society. Ordered that the sum of E20 be granted for the further outfit to sea of William Gardner, the second son of the late Sub-Treasurer. Business adjourned to Wednesday 2thi August next. BENCH TABLE

Aug. 2

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Burge, Mr. Spence, Sir Robert Baker and Mr. Wyatt. Ordered that the stove in the centre of the Hall be displaced and that hot water be introduced fbr the purpose of warming the Hall. Business adjourned to Wednesday 9th August. BENCH TABLE

Aug. 9

Present

Sir Charles Wetherell, Mr. Twiss, Mr. Holt and Mr. Spence.

Mr. Augustus Roots, a student, having kept twelve terms, to be permitted to practise as a Conveyancer for one year.

49


1837 TRINITY TERM (Cont'd.)

[signed]: "Examined John Wratt Nov. 3' 1837"


1837 MICHAELMAS TERM

BENCH TABLE Nov. 3

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Joy, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Evans, Sir Robert Baker, Mr. Wyatt, Mr. Lushington and Mr. Dowdeswell. Orders of the last term were read. Memorial read of Mr. Henry S. Wilde, a student, dated Friday, 3 November, 1837, from 1 King's Bench Walks, as follows: "Your memorialist is the son of Sir John Wilde, C. J. of the Colony of the Cape of Good Hope. In 1833 he came from that Colony to England for the purpose of going to College and being called to the Bar, with the intention of returning to the Colony immediately after the attainment of those objects. Hc duly entered Trinity College, Cambridge, with the fullest intention of remaining and taking his degree there. He subsequently entered thc Inner Temple, where previous to keeping terms, hc deposited the certificate of his admittance at Trinity College, Cambridge and was therefore not called upon to make the deposit of £ 100 previous to his beginning to keep his terms. Your memorialist has kept 12 terms and has been on the Books of thc Inner Temple for more than three years, and is also upwards of twcnty four years old; therefore he is eligible to be called to thc Bar according to the Rules of thc Society. Accordingly, hc applied at the Treasurer's Office. The Sub-Treasurer required him to produce a certificate of his having kept two whole years' terms at College, but he was unable to do so. The reason given is that some time after he entered Trinity College, Cambridge, hc took up the advise of his friends to alter his intention of taking a degree at College and to devote his whole time to professional pursuits. This he did, and atter the expiration of three or four terms he had his name erased from the College Books. lie was unaware that the abandonment of his intention of residing at College for two years made it necessary and proper for him to deposit the £100 with the Inner Temple before he commenced keeping his terms. Nothing but his not knowing of such a necessity prevented his doing so. lie now finds that unless the Masters ot' the Bench can bestow a liberal consideration on the case, the terms already kept will be wholly lost to him and that he would now have to deposit the £100 to recommence keeping his terms which would be attended with distressing and serious consequences to the memorialist. Ile deeply regrets the unintentional OnUssion of which he has been guilty and begs to assure the Masters that he entertained a bona fide intention of taking his degree at College at the time that he

51


1837 MICHAELMAS TERM (Cont'd.) commenced keeping his terms at the Inner Temple, and that had he been aware when he altered that intention, that the Rules of the Society required the deposit of the ÂŁ100, he would on no account have violated that or any other Rule. He humbly prays that the Masters of the Bench will permit him depositing the ÂŁ100 now, and the payment of such fine as they may deem proper so that he may be entitled to be called to the Bar as if the 100 had been deposited at the correct time." Ordered that under the peculiar circumstances of this case, Mr. Henry Sedgwick Wilde be allowed now to deposit one hundred pounds with interest from the time of admission in order that he may be at liberty to offer himself for the Bar this term. The thanks of the Society to be conveyed by the Sub-Treasurer to William Tidd, Esq., a barrister of this Society, for his present to the Library of a copy of his work, entitled, "The New Practice of the Courts of King's Bench, Common Pleas and Exchequer of Pleas in Personal Action and Ejectments". BENCH TABLE Nov. 7

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Rogers, Mr. Chilton and Mr. Wyatt. Petition read from Mary Hughes, widow of William Hughes, the late Chief Butler, dated November 7th, 1837, as follows: "William Hughes was in the service of your Society for upwards of 23 years and died on 17thJune last, after a long and severe illness without having more than sufficient to pay all necessary expenses. Your petitioner's late husband was in the habit of attending upon Mr. Thomas Le Blanc, and in consequence thereof resided in part of his office chambers. Your petitioner has been permitted by him to stay there for the present, but has no expectation that that advantage can be continued much longer. Your petitioner is entirely without any provision for her support and is 63 years of age. Under these circumstances she entreats the benevolent consideration of your Hon. Society." Ordered that the petition be referred to a Committee to consist of The Treasurer, Mr. Wyatt, Mr. Holt, Mr. Joy, Mr. Courtenay and Mr. Preston, who are requested to make their report to the Bench upon the subject.

52


1837 MICHAELMAS

TERM (Cont'd.)

Ordered that a Committee be formed of the following gentlemen: The Treasurer, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Burge and Mr. Chilton with regard to Mr. Thomas Fuller's application for permission to have access to, and take notes from the Petyt Manuscripts in the Library. They are requested to communicate with Mr. Fuller as to the subject of his application and direct how he shall have access if allowed. Grand Day this term to be Wednesday, 15th November. Ordered that the following gentlemen be a Committee to consider whether any, and if any, what alteration should be made in supplying the barristers and students' tables with soup: The Treasurer, Mr. Wyatt, Mr. Twiss, Mr. Courtenay, Mr. Burge and Mr. Chilton. Ordered that the Committee appointed to consider the petition of Mary Hughes, widow of the late Chief Butler, do also consider the duty and emolurnent of Mrs. Townsend for her attendance at and cleaning to the Parliament Chambers. PARLIAMENT Nov. 10

Present Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Sir Robert Baker and Mr. Wyatt. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last Easter and Trinity vacations. BENCH TABLE

Nov. 10

Present Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Sir Robert Baker and Mr. Wyatt. Ordered on the report of the Committee into the petition of Mary Hughes, widow of William Hughes, late Chief Butler, that she be allowed the sum of thirty pounds per annum during the pleasure of the Bench. Ordered on the recommendation of the Committee, appointed to consider whether any alteration should be made in supplying the barristers and students' tables with soup, that the consideration of the subject be postponed till the next term.

53


1837 MICHAELMAS TERM (Cont'd.) PARLIAMENT Nov. 17

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Spence, Mr. Chilton, Sir Robert Baker and Mr. Wyatt. Messrs. Samuel Warren, William Gledstanes Ponsonby, William Davy Watson, John Edward Walker, Thomas Dickinson Hall, Francis Hastings Doyle, John Whitehead Peard, George Charles Allen, Antony Miguel Jones, John Inglis Chalmers, Thomas Coxhead Marsh, Henry Sedgwick Wilde, James John Fitzjames and Robert Pashley, called to the Bar. William Walker, Esq., called to the Bar by Lincoln's Inn in Hilary Term 1834, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved. Ordered that the following gentlemen be a Committee for the consideration and regulation of all matters relating jointly to this Society and the Middle Temple: the present Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, the Rt. Hon. Henry, Lord Langdale, Sir Frederick Pollock, Mr. Twiss, the Hon. Charles Ewan Law, Mr. Holt, Mr. Ray, Sir Alexander Croke, Sir Robert Baker, Mr. Wyatt, Mr. Minshull, Mr. Courtenay and Mr. Spence. The Hon. Charles Ewan Law, to be Master of the Library and Reader of this Society for the next Lent vacation. Horace Twiss, Esq. to be Treasurer of this Society for the ensuing year. BENCH TABLE

Nov. 17

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Spence, Mr. Chilton, Sir Robert Baker and Mr. Wyatt. Joseph John Richardson, Esq., called to the Bar by Lincoln's Inn on 23rd November, 1832, to be admitted ad eundem to the Society on his certificate from Lincoln's Inn. BENCH TABLE

Nov. 21

Present Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr.Holt, Mr. Joy, Mr. Cresswell, Mr. Preston, Mr. Spence, Mr. Chilton, Sir Robert Baker and Mr. Wyatt. Mr. William Atherton, a student, to have permission to practise as a Special Pleader extended for one year.

54


1837 MICHAELMAS

TERM (Cont'd.)

PARLIAMENT Nov. 24

Present Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Joy, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton and Mr. Wyatt. Messrs. Edward Brooke, Peter Moncrieffe, Charles James Cruttwell, William Wellington Cooper, called to the Bar. Joseph John Richardson, Esq., called to the Bar by Lincoln's Inn in Michaelmas Term 1832, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved. BENCH TABLE

Nov. 24

Present Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Joy, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton and Mr. Wyatt. The thanks of the Society to be conveyed by Sir Charles Wetherell, in the absence of The Treasurer, to William Burge, Esq., one of the Masters of the Bench, for his present to the Library of a copy of his very valuable work, entitled, "Commentaries on Colonial and Foreign Laws generally, in their Conflict with each other, and with the Law of England-. Business adjourned to Thursday 7th December next. BENCH TABLE

Dec. 7

Present Sir Charles Wetherell, Sir George Rose, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton and Mr. Wyatt. Mr. John Nodes Dickinson and Mr. Francis Greensill, students, to have permission to practise as Special Pleaders extended for one year. Thomas Edward Briarly, Esq., called to the Bar by Lincoln's Inn in Trinity Term 1833, and Allan Maclean Skinner, Esq., called to the Bar by Lincoln's Inn in Trinity Term 1834, to be admitted ad eundem to the Society on their certificates from Lincoln's Inn. Mr. Frederick Denison Maurice, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Business adjourned to Friday 15' December.

55


1837 MICHAELMAS TERM (Cont'd.) BENCH TABLE Dec. 15

Present The Treasurer, Mr. Harrison, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Joy, Mr. Holt, Mr. Courtenay, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton and Mr. Dowdeswell. Mr. Chandos Wren Hoskins, a student, having kept 12 terms, to have permission to practise as a Special Pleader extended for One year. Petition signed and read from Sir George Rose and Mr. Burge, who had been deputed by the Bench to examine the Manuscripts in the Library. Reporting that they had so done and found the same to be in good preservation and condition. They further state that they do not contain matter of sufficient interest and importance to the profession or the Public to call for publication. They also state that in their opinion, subject to the discretion of the Bench upon any particular application, there is no reason why any person applying for permission to make copies of, or extracts from the same, should not have that indulgence. Ordered that the Report be confirmed and that the Treasurer be requested to convey the thanks of the Bench to Sir George Rose and Mr. Burge for their valuable services. The thanks of the Society to be conveyed by the Sub-Treasurer, to William Harrison, Esq., one of the Masters of the Bench, for his present to the Library of a copy of his work, entitled,"his Catalogue of Theological Books forming a part of his Library at Cheshunt, Herts". Ordered upon the recommendation of Sir George Rose, that William Thompson, Esq., of Jesus College, be permitted to have access to the Library of this Society for six months during the usual hours. The Committee appointed to consider the duty and emoluments of Mrs. Townsend for her attendance at and cleaning the Parliament Chambers, recommending that for the future Mrs. Townsend be paid the sum of twelve shillings per week for her services. Business adjourned to Wednesday 20th December. BENCH TABLE

Dec. 20

Present Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr.Holt, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton and Mr. Wyatt. Mr. Francis Hildyard, a student, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year.

56


1837 MICHAELMAS TERM (Cont'd.) Ordered that no liqueurs be supplied for the Bench till further Order.

[signed]: "Examined, John Wyatt, 12 Jan. 1838"

57


1838

HORACE TWISS, ESQUIRE

TREASURER

1 January to 31 December 1838

MASTERS OF THE BENCH attending Bench Table and Parliament

Sir Charles Wetherell, Mr. William Harrison, Esquire, Sir George Rose, Sir Alexander Croke, Sir Robert Baker, The Hon. Charles Ewan Law, Francis Ludlow Holt, Henry Hall Joy, Philip Courtenay, Frederick Thesiger, William Erle, Cresswell Cresswell, Richard Preston, William Burge, George Spence, Thomas Starkie, Thomas Joshua Platt, Francis James Newman Rogers, George Chilton, John Evans, John Wyatt and John Edmund Dowdeswell, Esquires.

58


1838 HILARY TERM

BENCH TABLE Jan. 12

Page missing [Present] [Letter read from R.V. Barnewall, Esq., Bar Auditor, referring to a Committee, BTO Index fol.181. [Grand Day this term to be Wednesday, 24th January BTO Index fol. 229).]

Jan. 16

Page missing [Present] [Mr. Wyatt giving notice that no gentlemen be admitted ad eundem after his call to the Bar..., BTO Index fol. 26.] Messrs. R.R. J. Sprainger, M.A., and William Gautress, a student of the Middle Temple, to have access to the Library for six months [BTO Index fol. 256.1 PARLIAMENT

Jan. 19

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Law, Mr. Flolt, Mr. Courtenay, Sir Frederick Pollock, Mr. Thesiger, Mr. Erle, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans and Mr. Wyatt. Alan Maclean Skinner, Esq., called to the Bar by Lincoln's Inn in Trinity Term 1834, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved. Thomas Edward Briarly, Esq., called to the Bar by Lincoln's Inn in Trinity Term 1833, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved. Edward Yardley, Esq., called to the Bar by Lincoln's Inn in Michaelmas Term 1834, as his certificate shows, and now a member of this Society, requesting admission ad eundem gradum: approved. BENCH TABLE Top part of page missing

Jan. 19

[Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Law, Mr. Holt, Mr. Courtenay, Sir Frederick Pollock, Mr.Thesiger, Mr. Erle, Mr. Cresswell, Mr. Burge, Mr. Spence,

59


1838 HILARY TERM (Cont'd.) Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans and Mr. Wyatt.] William Burge, Esq., moving that the Hon. Society of Lincoln's Inn be requested to reconsider their refusal to concur in the BTO of this Society, of 12 May, 1835, "that all persons of the full age of 23 years and upwards who shall have been upon thc books three years may be admitted to the Bar after keeping twelve terms Top part of page missing

[An amendment made to the motion by Sir George Rose, BTO Index fol. 26.] A Committee to be formed of the following gentlemen: The Treasurer, Sir George Rose, Sir Frederick Pollock, Mr. Holt, Mr. Thesiger, liberty to Mr. Erle, Mr. Burge and Mr. ..... , for thc purpose communicate .... other Inns of Court where it is ordered that the said gentlemen be appointed. The Revd. John H. Gurney presented to the Library a copy by him , BTO Index of "A Sermon Preached in [Lutterworth Church fol. 256.] Top part of page missing

[Thanks to be conveyed to him..... for the presentation of a gift...] Next page inserted incorrectly

—see entry jOr Jan. 23'1 Janual:y.

[Re: payments to children of Sub-Treasurer James Gardner, deceased.] The Recorder' giving notice of motion for Tuesday next, 23 January, "that all the property of the Society be insured from loss or damage by fire". Mr. Chilton giving notice of motion for Tuesday next, 2 3 rdJanuary, "that a Committee be appointed to consider the subject of Commons for the Bar table and also the attendance of servants at that table". BENCH TABLE Jan. 23

Top part of page missing

[Present] [Insurance of Society's property referred to Chamber Committee BTO Index fol. 243.]

'The Hon. Charles Ewan Law, Recorder of London 1833-1850.

60


1838 HILARY TERM (Cont'd.) Mr. Chilton having moved that a Committee be appointed to consider the subject of Commons for the Bar table and also the attendance of servants at that table. Ordered that the same be referred to the Committee appointed to consider the Bar ..... letter. Top part of page missing

Letter read of George Frederick Carden, a barrister of this Society, addressed from New Searle Chambers, Lincoln's Inn, and dated January 19, 1838. Letter concerns "secret calumnies" he has been subjected to for six years over a refusal of a challenge which had been the cause of affronts by the said James Russell, Esq., in the year 1832, for which he had received an apology. "William Walker Jordan, Esq, a banister, the second of the said James Russell, Esq., and junior (strange to say) of the Oxford Circuit under whose severe and secret censorship your memorialist had fallen, deems it due here to himself to state that he was subsequently forced to demand and did receive written apologies from two other members ...." Top part qf page missing

He continues that "he has been made the victim of divers abominably false accusations so that it is scarcely possible that a good understanding should exist between all the members of this Society by reports of members and himself yet from....." He is [worried] of this Society many of whom are also members of that [Oxford] circuit. He wishes to "bring about a complete and final settlement of this business and if possible regenerate an amicable feeling" between members of the Bench and himself.... Top part of page missing

"That your memorialist feeling conscious of his Own integrity in his conduct towards the members of this Hon. Society, not merely reproach, but even the shadow of it may cease to poison the comfort of your memorialist, or interfere with a good and friendly feeling so inpirious to the character of this Society itself ...." Top part of page missing

He concludes "And your memorialist as in affection and in duty bound will ever pray for the individual happiness of the rulers, as well as for the general prosperity of this Hon. Society" Ordered that the Sub-Treasurer do acquaint Mr. Carden ..... Top part of page missing

[Mr. Wyatt reporting on the children of the deceased Sub-Treasurer, James Gardner, see BTO 26 Nov 1833 and BTO Index fol. 90.1


1838 HILARY TERM (Cont'd.) Concerning his [eldest son, James] salary in the Treasurer's Office, for £75 per annum for a post vacant by the transfer of Mr. Edward Horatio Martin from the Office of Clerk to the Office of...[Sub-Treasurer, see BTO 5 Nov 1833]. [As] the salary and emoluments of the situation of Clerk and Collector of Rents and Commons when held by Mr. Martin was about £200 per annum, that therefore by the appointment of James Gardner as Clerk at £75 per annum and Mr. Martin having undertaken to continue the collection of the rents and commons with his assistance gratis, there has been a saving to the Society of £125 per annum which enabled the Bench to provide for the other four children in the following manner viz. John Carey the fourth son Top part of page missing Page bound incorrectly in the BTO Book under 19 January. It should be here. [re: apprenticeship of William Gardner for 7 years with a ship in the East India trade BTO 26 Nov 1833] his return from the last voyage another ..... from time to time ship could be procured for ...he has been placed under a proper officer to learn navigation that a sum not exceeding £50 in the whole has been expended upon William Gardner and it is now expected that he will not require much of any further assistance from the Society. That the Bench have also granted annually the sum of £50 for the maintenance of Henry and Aurelia up to the present time but which allowance ceases this term. Mr. Wyatt further informed the Bench that James Gardner is now upwards of..... Top part of page missing Ordered ....salary [to James Gardner] as that in the [Treasurer's] Office be increased to £100 per annum from Christmas last in that he be repaid the amount expended by him for his brother William and further that there ... allowance of £50 for the schooling, board, lodging and clothing of Henry and Aurelia Gardner be continued for another year. [See BTO 14 Jan 1834, 6 Feb 1835, 2 Feb 1836, 31 Jan and 18 Jul 1837.] PARLIAMENT Jan. 26

Present The Treasurer, Mr. Harrison, Sir George Rose, Sir Frederick Pollock, Mr. Law, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Erle, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie and Mr. Chilton. Messrs. John Dawson, William Frederick Pollock, Thomas Christopher Burrow, James Robert Hope, George Young Robson, James Macaulay and Thomas Rutherford, called to the Bar.

62


1838 HILARY TERM (Cont'd.) Disadmittance from, and admissions to, Bench chambers with fines of 40s:Sir Frederick Pollock from Bench chamber one pair of stairs No. 8 Fig Tree Court, to Bench chamber late of Robert Ray, Esq., ground floor south No. 5 King's Bench Walk. The Treasurer from Bench chamber one pair of stairs east No. 7 Fig Tree Court, to Bench chamber late of Sir Frederick Pollock, Esq., one pair of stairs No. 8 Fig Tree Court. The Hon. Charles Evans Law from Bench chamber two pairs of stairs south No. 2 Tanfield Court, to Bench chamber late of Horace Twiss, Esq., one pair of stairs east No. 7 Fig Tree Court. Henry Hall Joy, Esq., from Bench chamber one pair of stairs south No. 9 King's Bench Walk, to Bench chamber late of the Hon. Charles Evans Law, two pairs of stairs south No. 2 Tanfield Court. Philip Courtenay, Esq., from Bench chamber area north No.11 King's Bench Walk, to Bench chamber late of Henry Hall Joy, Esq., one pair of stairs south No. 9 King's Bench Walk. Richard Preston, Esq., to Bench chamber late of Philip Courtenay, Esq., area north No. 11 King's Bench Walk. BENCH TABLE Jan. 26

Top part of page missing [Present The Treasurer, Mr. Harrison, Sir George Rose, Sir Frederick Pollock, Mr. Law, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Erie, Mr. Preston, Mr.Burge, Mr. Spence, Mr. Platt, Mr. Starkie and Mr. Chilton.] Mr. George Atkinson, a student, to have permission to practise as a Special Pleader extended tbr one year. Mr. Thomas Kingdon, a student, to have permission to practise as a Special Pleader extended for one year. Top part of page missing [Memorial read of John Horatio Lloyd, Esq., a barrister. "Ordered that the consideration thereof be postponed until the next term and that this memorial and the certificate accompanying the same be left in the Treasurer's Office tbr the perusal of any of the Masters of the Bench who may think proper to do so and further that the tbrmer papers relating to the matter of complaint against Mr. Lloyd which are now

63


1838 HILARY TERM (Cont'd.) sealed up be broken open if any Bencher wishes to see them."] 2 BENCH TABLE Jan. 30

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr.Cresswell, Mr. Preston, Mr.Burge, Mr. Spence, Mr. Platt, Mr.Chilton and Mr. Wyatt. Memorial read of Mr. Bayly Rathborne regarding the storm which prevailed in the beginning of the last week..... Top part of page missing

He, [Rathborne] is a member of Trinity College, but not now resident, and requests that he is permitted to keep this term by dining on two days more in this week: approved. Top part of page missing

Sir Robert Smirke requesting to proceed with the alteration of the Old Library Staircase adjoining the Parliament Chamber Staircase and making in its place a waiting room with communication to the Sub-Treasurer's Office according to the estimate furnished by him of ÂŁ150. [BTO Index fol. 311]. [F.A. Ferrall Esq., presents to the Library a copy of "The Question of Privilege raised by the decision in the case of Stockdale v. Hansard" BTO Index fol. 256]. Mr. Wyatt giving notice of motion for Friday next, 2' February, "that a Wine Committee be appointed by the Bench and that in future no wine be ordered except by the sanction of that Committee-. BENCH TABLE Feb. 2

Top part of page missing

[Present] [The Sub-Treasurer to convey the thanks of the Society to Patrick Shaw, Esq. and C.H. Maclean, Esq. for their present to the Library entitled "Cases decided in the] House of Lords on Appeal from the Courts of Scotland" [BTO Index fol. 256]. John Wyatt Esq., and Philip Courtenay, Esq., two of the Masters of the Bench, reporting that they have viewed the chambers situated two pair of stairs south No. 14 Paper Buildings, devolved to the House through the death of Randle Jackson, Esq., and consider the annual value to be ÂŁ95. Ordered that the rent be fixed at that sum.

2

DIS/112/I.

64


HILARY TERM (Cont'd.) The same gentlemen having viewed the chambers situated at No. 9 Crown Office Row, devolved to the House through the death of Davies Davenport, Esq., ..... Top part of page missing Wine Committee appointed on hearing the motion by Mr. Wyatt [BTO Index fol.198] to be formed of the following gentlemen: Sir George Rose, Mr. Courtenay, Mr. Starkie, Mr. Evans and Mr. Wyatt. Business adjourned to Wednesday, 21'` February. BENCH TABLE Feb. 21

Present The Treasurer, Mr. Courtenay, Mr. Spence, Mr. Joy, Mr. Evans, Mr. Chilton, Mr. Wyatt and Mr. Dowdeswell. The thanks of the Society to be conveyed by the Sub-Treasurer to Charles G. Addison, Esq. for his present to the Library of his work entitled, "Damascus & Palmyra: a Journey to the East with a Sketch of the State and Prospects of Syria...." Top part of page missing The thanks of the Society to be conveyed by the Sub-Treasurer to Hunter Gordon, Esq. for his present to the Library of his work entitled, "The Present State of the Controversy between the Protestant and Roman Catholic Churches" [BTO Index fol. 256]. The thanks of the Society to be conveyed by the Sub-Treasurer to Charles Kelsall, Esq. for his present to the Library of his work entitled, "Horoe Viaticoe". Thomas John Mazzinghi to have permission to practise as a Special Pleader extended for one year. The Committee to whom the proposal made by the Commissions of Her Majesty's Woods, Forests, etc., to sell to the Society the Alienation Office and Garden was referred, have further to report to the Bench. In consequence of a letter received from [Sir Robert [BTO Index fol.119]. Smirke] Top part of page missing desire of the Masters of the Bench that I should report my opinion of ....of the building lately occupied by the Alienation Office, I beg to state that I consider the sum of about f...would be a fair price for the ....." The Committee are therefore of the opinion and recommend to the Bench that the Society's Solicitor be instructed to ha[nd] a copy of 65


1838 HILARY TERM (Cont'd.) the Report to the Commissioners accompanied with a communication that the Society are willing to give the sum of two thousand pounds therein mentioned for the purchase of their interest in the premises in question, and at the same time to beg the favour of the Commissioners to understand that the Society make this offer without prejudice to the rights of the Society of the Inner Temple." Ordered that the Report be confirmed. Report of Committee as to the complaint of Mr. Williams, [the Pannierman] against James De Knight, Deputy Pannierman [BTO Index fol. 299]. Top part of page missing according to the evidence of the smith and the carpenter, does there appear any just ground to suppose that the locks had been tampered with at all. In the second place, as to the charge of De Knight's insulting behaviour towards the pannierman as his superior, the Committee find this fact established, and think it should have been visited with severe punishment had it not been proved that the conduct of Mr. Williams towards De Knight was such as provoked it, but they are still of [the] opinion that it requires a reprimand. They also think that De Knight should be admonished by the Bench for his generally dirty appearance in the Hall. The Committee cannot part with this branch of the subject." Top part of page missing ] but they suggest the ..... "..... Mr. Williams be severely deferring that expression of ..... until their other investigations shall have been completed, in which Mr. Williams' involvements and his .... discharging certain of his duties will come under consideration." Ordered that the Report be confirmed. Ordered upon the Report of the Committee to whom the petition for relief of Fanny Seager, widow of the late Under-Washpot was referred, that in consequence of her late husband's long services, viz. 29 years, she be allowed a pension of twenty pounds per annum. Top part of page missing Letter read from John George, Esq., stating that he is in distressed circumstances and unable to pay his arrear of rent [BTO Index fol. 46]. ..... to be carried forward in the list of arrears on the rent account but that Mr. George be informed that he must for the future pay his rent regularly every quarter. Business adjourned to Wednesday, 7thMarch.


1838 HILARY TERM (Cont'd.) BENCH TABLE Mar. 7

Present The Treasurer, Sir George Rose, Mr. Holt, Mr. Joy and Mr. Spence. The Bench informed that a fire broke out yesterday morning, the 6th inst. at about half past four, at the chambers ground floor south No.14 Paper Buildings in the occupation of W.H. Maule, Esq., by which calamity the whole Top part of page missing

[of Nos. 13 & 14 have been completely destroyed BTO Index fol. 219]. ..... what property may be found in the ruins belonging to them. The Committee appointed to take into consideration the Bar Auditor's letter of 1st December 1837, reporting, as follows: [regarding the quantity of wine consumed, the charge for tea and coffee and liqueurs, and arrears of rent due to the Society, BTO Index fol. 18.] "As I was unavoidably absent from the Auditor's Dinner on Wednesday and had no opportunity of making my observation (on accounts submitted to our consideration) to the Benchers, I have determined to send you a few remarks in writing with the view that they may be transmitted through you to the other Benchers. Top part of page missing

[regarding wine consumption]....year

only of 1837 a ... E400.

The next item calling for any ..... is E59 Ils. 4d. charged for tea and coffee. That appeared to be a very large sum for such an article, and on inquiry, we were informed that Williams who provides the same was allowed to charge for tea and coffee one shilling and nine pence per head. It seems to me that that charge ought to be considerably reduced. The sum charged at the Clubs for an ample supply of tea and muffins is six pence only. 3rd Item. A sum of E27 is charged for liqueurs bought of Johnson & Justerini. These are left in the custody and control of Williams. It is not probable that the quantity charged for was used by the Benchers in six months. The.... Top part of page missing

.... years due for rent .... which may also be considered ..... debt and should like the other be struck out of the account." [?The Committee] reporting to the Bench that upon consideration of the first item respecting the charge for a ....E 1140 for the first half year

67


1838 HILARY TERM (Cont'd.) of 1837, they find that this is not a correct ..... of the expenditure of wine for the whole year in as much as in the last half year not yet audited, thc expenditure for wine amounts to £303 only, making a total expenditure for the year of El 443. That to account for the excess of expenditure as compared with the four preceding years, the Committee find that the Bench specially ordered four butts of superior sherry beyond the usual supply ordered by the Treasurer at Top part of page missing ....of one shilling and nine pence for each Bencher, and they call the attention of the Bench to the fact that this sum is charged for each Bencher present at dinner, whether they all take tea and coffee or not. The Committee think this charge is excessive and recommend that in future the Pannierman should be allowed to charge not more than one shilling for each Bencher.... With respect to the 3I'ditem, the Committee find that an Order has already been made by the Bench in December last to discontinue the supply of liqueurs for the Bench Table and therefore they think it unnecessary to make inquiry into this subject. The Committee having been furnished with a list of gentlemen in arrear[s] to the Society for rent of chambers, and have given directions for the Society's Solicitor, in certain cases to apply to the.... Top part qf page missing The Committee have therefore ..... circumstances to allow the ... left by the parties in their chambers .... against the arrear of rent, the [fixtures] becoming the property of the Society in the two following cases: No. 8 King's Bench Walks —George Austin, a balance to Lady Day E38 15s. .... 1832 No. 2 Fig Tree Court —W. Cornish, 1/2year to Lady Day £21 dead 1831 The Committee have also in the five following cases directed that the arrears should be struck out of the rental: No. 1 Inner Temple Lane —J. Paul, 2 years and 1/4Lady Day 1 18 2s. 6u. 1836 Transported for fraud No. 5 Top part of page missing £69 3s. .... January 1830 " insolvent Died Ordered that the Report be confirmed.


1838 HILARY TERM (Cont'd.) Business adjourned to Wednesday, March.

14'h and from hence till Wednesday

BENCH TABLE Mar. 21

Present The Treasurer. Sir George Rose, Mr. Burge, Mr. Spence and Mr. Wyatt. Letter read from the Commissioners of Her Majesty's Woods, Forests etc., dated 6'h inst., proposing to refer the question of the value of the Alienation Office and Premises to two efficient surveyors and valuers, one to be named. Top part of page missing

"I am directed by the Masters of the Bench of the Hon. Society of the Inner Temple, to acknowledge the letter to me of the 6'h inst. proposing an arbitration by surveyors on the subject of the Alienation Office and Garden, and to say in answer that the Bench consider the subject to be one of title rather than one of simple value. The main question being, the amount of the Society's present interest in the premises, and the right to build upon the ground, they are of opinion that the reference instead of being made to surveyors, should be made to a barrister to be agreed upon by both Top part of page missing

[Memorandum from Sir Robert Smirke, present at the Bench Meeting. Resolved that the rubbish be immediately cleared from Paper Buildings, BTO Index fol. 219] and [materials] disposed of by auction except as to the chambers occupied by Mr. Ralph Smith, as to which no step is to be taken until the Sub-Treasurer shall have communicated with Mr. Smith and reported the result. Ordered that the thanks of the Society to be conveyed by the Sub-Treasurer to J.T. Laing, Esq., Richard H. Harrison, Esq., Henry Bright, Esq., and such other gentlemen who assisted at the late fire in Paper Buildings. Business adjourned to Wednesday, 28'h March. BENCH TABLE Mar. 28

Top part of page missing

[Present] Letter read from Charles J. Baker. Esq.. barrister, [regarding the above having heard other further ....the same opinion. I beg tire] to request that some enquiry be made by the Bench into all the circumstances of the tire, and all persons capable of giving


183g

HILARY TERM (Cont'd.) [information] with respect to it, may bc requested to affbrd it, whcn and in such manner as it may be convenient to thc Bench. Ordered that the subject be taken into consideration by thc Bench on Wednesday, 11'1'April next and that all the Watchmen and Porters be asked to attend.


1838 EASTER TERM

BENCH TABLE Top part of page missing

Apr. 17

Present Mr. Courtenay, Mr. Erle, Mr.Burge, Mr. Platt, Mr. Rogers, Mr. Chilton, Mr. Evans, Sir Alexander Croke and Sir Robert Baker. Orders of the last term were read. Ordered that the Treasurer acquaints Sir Robert Smirke that the Bench prefers the newly proposed site for Paper Buildings [and] are unwilling to authorize in the first instant the completion of more than the upper or northern half of the proposed plan, with, or without, certain modifications. That the Bench are desirous before any steps be definitively taken, to be favoured with a report on the state of the remaining part of Paper Buildings and with separate plans and estimates of the northern half consisting of Nos. 13 &14 with the proposed north Top part of page missing

build wings....by Sir Robert Smirke or to ....on a principle which has been Bench by one of its members and ....Committee would be glad to lay before Sir Robert Smirke at their interview. The Committee to consist of the Treasurer, the Recorder,3 Mr. Holt, Mr. Courtenay, Mr. Erle, Mr. Chilton and Mr. Evans. The Recorder giving notice of motion for Friday next, "that he will bring on the question of insurance from damage or loss by fire to the Hall, Library and Parliament Chambers and also upon the general property of the Society". Mr. Courtenay giving notice of motion for the same day, "that Life Proprietors be allowed to insure but half the interest in the chambers". Top part of page missing

proceedings therein in the mean time suspended. That copies of the papers produced by the Treasurer at the meeting of 17th April 1838, namely the statement of the Annual Income and Expenditure of the Society and the estimate of the expenses of the New Buildings on the old and the proposed new site respectively be sent to each member of the Bench for consideration.

3

tic Hon. Charles Fwan Law, Recorder of London.

71


1838

EASTER TERM (Cont'd.) BENCH TABLE Apr. 19

Present Thc Treasurer, Sir Charles Wetherell, Mr. Law, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Burge, Mr. Platt, Mr. Spence, Sir Alexander Croke and Mr. Wyatt. Ordered that instead of sending the balance sheet mentioned in thc last Resolution of yesterday to each Bencher, the Under-Treasurer to keep at his Office a copy of that paper for thc inspection of any Bencher applying to sec the same: and do forthwith in summoning... BENCH TABLE

Top part of page missing Apr. 20

[Present] Mr. Dowdeswell.

Mr. Platt, Sir Alexander Croke, Mr. Wyatt and

Henry Griffith, Esq., called to the Bar of Gray's Inn on 10 June 1837, as his certificate shows, requesting admission ad eundem gradum: approved. Grand Day this term to bc Thursday, 3rdMay next. The Recorder's motion considered that thc Hall, Library,

Top part of page missing [and the general property of the Society to bc insured, BTO Index fol. 243] .... in the Old and New Parliament Chambers, with the books, pictures etc. and the plate, wine, linen, china, glass, [pewter] etc. in thc Hall, Butteries and Servants Offices. That all the Bench chambers be insured by the Society at a fair price and that the amount of premium paid the Insurance Office fbr each set be deducted out of the Benchers rent to whom the chambers belong. That an insurance for a sum not exceeding ÂŁ80,000 be effected upon the Society's chambers in the following New Buildings, viz.: The chambers No. 3 Tantield Court Nos. 12 & 13 King's Bench Walks Nos. 1 & 2 Mitre Court Buildings and New Exchequer Office No. 1 Tanfield Court Nos. 1, 2, 3 & 4 Harcourt Buildings, and No. 9 King's Bench Walks That an insurance for a sum not exceeding ÂŁ40,000 be effected upon the Society's chambers in the following Old Buildings, Inner Temple Lane, Hare [Court].....

72


1838 EASTER TERM (Cont'd.) Top part of page missing ....That Sir Robert Smirke, the Architect, requesting to apportion the several sums upon the respective buildings. Letter dated 5th April, from B.C. Stephenson of the Commissioners of Her Majesty's Woods, Forests, etc., to Jeremiah Simpson, Esq., [Solicitor] read: "With reference to your letter of the...ultimo, to the Commissioners of Her Majesty's Woods, Forests, etc., stating that you have been directed by the Masters of the Bench of the Inner Temple to acknowledge the receipt of my letter to you of the 6th ultimo. proposing (on behalf of the Crown) an Arbitration by Surveyors on the subject of the proposed sale of the Alienation Office and Garden, by the Crown to the said Benchers and to state in reply, that the Bench consider the subject to be one of title, rather than of simple value..." 4 Top part of page missing Solicitors Messrs. Pemberton Crawley and G[ardiner] and that having received their said Solicitors' Report dated 31st ultimo thereon, it does not appear to the said Commissioners that they have any power to refer questions affecting the title of the Crown to the decision of a barrister and that even if they had such power, it would be inexpedient on their part to agree to such submission in the present case. L.

The said Commissioners are, however, still willing to refer to Arbitration by Surveyors as proposed in my letter to you of the 6th ultimo, the question as to the price to be paid for the freehold of the premises in question on the sale thereof by the Crown to the Benchers." Resolved that the question being.... Top part of page missing BENCH TABLE Apr. 24

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Mr. Courtenay, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Mr. Starkie, Mr. Rogers, Mr. Chilton, Sir Alexander Croke, Sir Robert Baker, Mr. Dowdeswell and Mr. Wyatt. Mr. Benjamin Howard Wickliffe, a student, having paid all dues, to have his name withdrawn and his deposit returned.

4

Few records

there

survive

is, see MUN/15/I.

in the Inner

Temple

The National

Archives

Archives

about

contains

73

the sale of the Alienation some

Ihrther

records,

Office;

for what

see T.N.A.,CRFS

2/638.


1838 EASTER TERM (Cont'd.) Ordered that a copy of the BTO 17 April 1838 respecting the reconstruction of Paper Buildings be sent to Sir Robert Smirke, the Architect. PARLIAMENT Apr. 27

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Chilton, Mr. Evans and Sir Alexander Croke. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last vacation. Henry Griffith, Esq., who was called to the Bar by Gray's Inn in Trinity Term 1837, to be admitted ad eundem to the Society on his certificate from Gray's Inn. BENCH TABLE Top part qf page illegible

Apr. 27

[Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Holt, Mr. Burge, Mr. Courtenay, Mr.Thesiger, Mr. Joy, Mr.Spence, Mr.Chilton, Mr. Evans and Sir Alexander Croke.] Ordered that Mr. Wyatt and Mr. Holt view the chambers of Samuel Twyford, Esq., a barrister ot' this Society, situated up the steps north, at No. 7 King's Bench Walks and report the annual value thereof, the same having been disposed of to Mr. William Henry Medlicott, a member of this Society. Letter read from Mr. Williams, the Pannierman. Ordered that the Under-Treasurer do inform him that he has mistaken his situation, which is only the same as that of any other servant. BENCH TABLE

May 1

Top part of page illegible

[Present] The thanks of the Society to be conveyed by the Sub-Treasurer to the Benchers of Lincoln's Inn for the "Catalogue of the Manuscripts in the Library of Lincoln's Inn". The thanks of the Society to be conveyed by the Sub-Treasurer to Lieutenant General Thornton for his copy to the Library of the Second 74


1838 EASTER TERM (Cont'd.) of the "Sermons of the Very Revd. William Vincent D.D., late Dean of Westminster". Leonard Fosbrooke, Esq., who was called to the Bar by Lincoln's Inn on 3rd May 1833, to be admitted ad eundem to the Society on his certificate from Lincoln's Inn.

Top part of page illegible [concerning insurance] effected to the amount of £50,000 upon the Hall, Library, Parliament Chambers and the Offices and Rooms affected therefore of the immediate occupation of the Society together with the books, furniture and effects, therein and that a further insurance be effected upon the other property of the Society as follows: The New Buildings £80,000 the Old Buildings and the Society's interest in the reversion of chambers held for life £60,000 and the Master's House £1,000 Ordered that the Treasurer, Mr. Wyatt and Mr. Courtenay be a Committee to select one or more Insurance Offices and forthwith effect the insurance upon the Hall, Libraries etc. to the amount of £50,000 and upon the Master's House to the amount of £1,000. The selection of Insurance Offices for the Old and New Buildings in the respective sums of £80,000 and £60,000 to be adjourned until Tuesday next. [Notice given by Sir Frederick Pollock as to limiting such insurance BTO Index, fol. 243.] PARLIAMENT May 4

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir Frederick Pollock, Mr. Joy, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Sir Alexander Croke and Mr. Wyatt. Messrs. Percival Andrew Pickering, James Heywood, Joseph Gibbs, James William Middleton Berry, Francis Hildyard, Constantine Talbot Crichton, Patrick Colquhoun, Chandos Wren Hoskyns, John Richard Farre and William Talbot Nugent Patterson, called to the Bar. Leonard Fosbrooke, Esq., who was called to the Bar by Lincoln's Inn in Easter Term 1833, to be admitted ad eundem to the Society on his certificate from Lincoln's Inn. Consideration of the report by John Wyatt and Francis Ludlow Holt, Esquires, in respect of BTO 27th April this year, of the chambers up the steps north at No. 7 King Bench Walks with the back building and cellar also belonging to it. Samuel Twyford Esq., a barrister of this

75


1838 EASTER TERM (Cont'd.) Society and aged fifty years on 5thJune last, desires to be disadmitted and Mr. William Henry Medlicott, a member of this Society, who was aged thirty two years on 19thSeptember last, desires to be admitted there for his own life. Ordered that the said William Henry Medlicott be admitted in and to the said chambers with the back building and cellar for his own life paying for his fine ÂŁ154, and for his admittance 40 shillings. BENCH TABLE May 4

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir Frederick Pollock, Mr. Joy, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Sir Alexander Croke and Mr. Wyatt. John W. Warren, Esq., proprietor of the chambers on the ground floor south at No. 12 Paper Buildings, proposes to surrender his interest in those chambers to the Society upon receiving an annuity upon his own life [for the sum of ÂŁ100 per annum, BTO Index fol.120]. Top part of page illegible

Ordered that his proposal be acceded to. Report read from the Sub-Treasurer as follows: "Having been desired by the Treasurer to report the best means of removing the frequent cause of complaint made by the gentlemen of the Hall of the inattention or insufficiency of the waiters and servants during dinner and having accordingly made enquiry of the butlers and ascertained the several duties of each butler and servant during dinner time, I am of [the] opinion that the evil complained of may be best remedied in the following manner. That the Chief, Second, and Third Butlers should continue their respective duties as heretofore, that John Davis the Fourth Butler should be wholly employed Top part of page illegible

the Bench Table till....free from all his other he should duties. That James Luke Hendy, the [Head Waiter], should attend all the students table a quarter of an hour before dining and continue in attendance at that table until all the students have left the Hall. That he should have the superintending and control over the or negligent waiters and serve at that table and report such as are in doing their duty to the Treasurer. For this purpose 1 think it advisable in order to give Hendy authority over the waiters and servants attending the students table that the Bench should give him a butler's gown and that he should be called the Sixth Butler. That Charles Ellis, the Third Waiter should be server up at the Bench Table in the room of James Luke [Hendy] 76


1838 EASTER TERM (Cont'd.) Top part of page illegible Orderedthat the Report be confirmed and that James Hendy, the present Head Waiter, be appointed the Sixth Butler and that his salary be increased from twenty to fifty pounds per annum in addition to his dinner and supper money; and that Charles Ellis, the Third Waiter, in the room of James Luke Hendy with the usual allowances of that situation. The Bench having considered the duties and allowances of the Pannierman,it is resolved that Mr. Williams, the present Pannierman, be released from all attendancein the Libraryand Parliament Chambersexcept to the extent of producing the wine book of the Hall to be examined every day after dinner;and that the Top part of page illegible duties now performedby the Second Butler after dinnerbe now executed by the Sixth Butler. Resolved that Mr. Burge be authorizedto take the necessary steps on the part of this Society in conjunction with the Hon. Society of the Middle Temple for renderingthe organ in Temple Churcheffective. Orderedthat the salary and allowance of William Usher for his attendancein the Hall to draw beer and for his attendancein the Libraryand ParliamentChambersand also for lighting the fire and attendingto the hot water apparatusof the Hall be made up to a total of twenty five shillings a week. Top part of page illegible [ÂŁ2 2s. given to Mr. Rowe, Foreman,and ÂŁ7 10s. to carpenterand assistants for their exertions in the late fire, BTO Index fol. 219] upon the cutting of the roof between Nos. 12 & 13 Paper Buildings, by which means in a great measure the late calamitous fire was confined to Nos. 13 & 14 in those buildings. BENCH TABLE May 8

Present The Treasurer,Sir Charles Wetherell, Mr. Harrison, Sir FrederickPollock, Mr. Holt, Mr. Joy, Mr. Courtenay,Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Sir Alexander Croke, Sir Robert Baker and Mr. Wyatt. Orderedthat the considerationof the subject of Bench chambers destroyed by the late fire at Paper Buildings be postponed till the first business day of the next term, and that the Mastersof the Bench have notice thereof.

77


1838 EASTER TERM (Cont'd.) Top part of page ilkwible

[Motion of Sir Frederick Pollock as to investing ÂŁ500 per annum in the Public Funds in order to carry out the principle of insurance in thc most effective manner, BTO Index fol. 2 I 9 & 243] ...... in the names of trustees as a fund ... tire; till the same, with thc intention thereon, shall have accumulated to thirty five thousand pounds; unless the extent to which the same may have been reduced by other fires: and that the same be charged as the first charge on the rents of Harcourt Buildings. The Trustees to be: Sir Charles Wetherell, Sir Frederick Pollock and Philip Courtenay, Esq., three of the Masters of the Bench. Mr. Joy giving notice of motion for Friday next, "that the final decision on the reconstruction of Paper [Buildings] Top part of page illegible

Upon the motion of Mr. Joy, it is ordered that the consideration of the reconstruction of Paper Buildings be postponed until the first business day of next term, and that the Masters of the Bench have notice thereof.

[signed]: "Examined this 25th May 1838 John Wyatt"


1838 TRINITY TERM

BENCH TABLE May 25

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Mr. Holt, Mr. Joy, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Chilton, Mr. Wyatt and Mr. Lushington. Orders of the last term were read. Mr. John Holland, a student, to be admitted a member of this Society, upon his certificate from Lincoln's Inn. Grand Day this term to be Wednesday, 6thJune and the Judges, formerly members of this Society, to be invited to dine with the Masters of the Bench. Letter read from Edward Eldred, the Sub-Treasurer of the Hon. [Society of Middle Temple] Top part of page illegible „ Treasurer having already or [in] order to determine that equality allowed a second or double vote: and if so, privilege is exercised according to the custom, or by virtue of an Order of the Bench? The favour of an early answer I oblige." Ordered that the Sub-Treasurer do inform him that the Treasurer of this Society has a casting vote in addition to the vote given by him as a member of the Bench. Ordered that a quantity of fifty pounds be given to Mr. William Illingworth of the Hon. Society of Top part of page illegible [Gray's Inn, Solicitor, in consequence of his distressed circumstances and great infirmities, BTO Index fol.136]. Mr. Burge giving notice of motion for Friday 8thJune next, "that the BTO of 12 May 1835, whereby it was ordered "that all persons of the full age of 23 years and upwards, who shall have been upon the Books three years may be admitted to the Bar, after keeping twelve terms, provided that in all other respects they be entitled to be called to the Bar, according to the existing usages, Orders and regulations of the several Inns of Court", be rescinded". BENCH TABLE

May 29

Present The Treasurer, Sir Charles Wetherell, Sir Frederick Pollock, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Cresswell, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Rogers, Mr. Chilton, Mr. Evans, 79


1838 TRINITY TERM (Cont'd.) Sir Alexander Croke, Sir Edward Hyde East, Sir Robert Baker, Mr. Wyatt, Mr. Lushington and Mr. Dowdeswell. Ordered that the proposal for limiting the new Top part of page illegible

[Paper Buildings to the same number of chambers as those lately destroyed negatived.] BENCH TABLE May 30

Present The Treasurer, Mr. Harrison, Mr. Holt, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Evans, Sir Alexander Croke, Sir Robert Baker, Mr. Wyatt, Mr. Dowdeswell and Mr. Lushington. Ordered that the further consideration of the reconstruction of Paper Buildings be adjourned until tomorrow (Tuesday, 31'` instant) and that the Masters of the Bench have notice thereof. BENCH TABLE

May 31

Present

The Treasurer, Mr. Harrison, Sir George Rose, Mr. Law, ...

Top part of page illegible

with an additional wing on the north and extending 50 feet to the east into the Gravel Walks and six feet to the west into the garden, as shown in the plan submitted to the Bench marked ( C ) and that Sir Robert Smirke be directed to make an elevation and estimates of the total cost of such proposed new buildings together with plans showing the internal arrangements of the different chambers. PARLIAMENT Jun. 1

Present The Treasurer, Mr. Law, Mr. Holt, Mr. Joy, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Evans, Sir Alexander Croke and Mr. Wyatt. George William Wilshere Bramwell, Esq., called to the Bar by Lincoln's Inn in Easter Term last, as his certificate shows, and requesting admission to this Society ad eundum gradum: approved. BENCH TABLE

Jun. 1

Present The Treasurer, Mr. Law, Mr. Holt, Mr. Joy, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Evans, Sir Alexander Croke and Mr. Wyatt. Mr. John Lane, a student, to have permission to practise as a Special Pleader extended for one year. 80


1838

TRINITY TERM (Cont'd.) BENCH TABLE Top part of page illegible

Jun. 5

[Present] Letter of 26th May, 1838, read from Mr. Conway E. Dobbs, Under-Treasurer of Queen's Inn, Dublin, concerning information resolved by the Benchers of the Hon. Society of the Queen's Inn with respect to qualifications for the Bar. "That any person who has already taken or who shall hereafter take the degree of Bachelor of Arts or Bachelor of Law, either in the University of Oxford or University of Cambridge or the University of Dublin or, who shall hereafter take either of the said degrees in the University of London, shall after having kept six terms in any of the Inns of Court in England and six terms in the Queen's Inn Dublin.... Top part qf page illegible

shall be deemed to be qualified, to be so admitted unless he shall be at the time when he shall so apply to be admitted twenty one years of age." Ordered that Mr. Wyatt and Mr. Holt view the chambers belonging to the Society at No. 9 King's Bench Walks and report the annual value thereof. Mr. Spence giving notice of motion for Tuesday next, the 12th instant, "that the Bench do reconsider the Resolution of 31 May last, whereby it was ordered that, that part of Paper Buildings destroyed by the late fire should be rebuilt with an additional wing at the north and extending 50 feet 7'0p part of page illegible

Mr. Spence will move that a Committee of three be formed to meet Sir Robert Smirke to agree upon the details of the structure to be erected. Mr. Joy giving notice, "that he will at the same time move as an amendment to the above motion that Sir Robert Smirke's plans for rebuilding Paper Buildings on the new site, the front of the new building extending about 30 feet from the eastern wall of the old building, be adopted or so much thereof as shall be judged proper". BENCH TABLE Jun. 7

Present The Treasurer, Sir Charles Wetherell, Mr.Law, Mr. Holt, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Platt, Sir Alexander Croke, Mr. Wyatt and Mr. Dowdeswell.

81


1838 TRINITY TERM (Cont'd.) Ordered that the memorial of John Horatio Lloyd, Esq., a barrister, Top part of page illegible [to be taken into consideration the first Parliament day of next Term, BTO Index fol. 46]. PARLIAMENT Jun. 8

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Holt, Mr. Burge, Mr. Starkie, Mr. Evans and Sir Alexander Croke and Mr. Wyatt. Ordered that Messrs. William Fraser, Geoffrey Palmer, Frank Wormald, Charles Martin Webb Bourdillon and James Watson Sheriff, called to the Bar. Horace Twiss, Esq., Treasurer, having purchased ofJohn Willing Warren, Esq., a barrister of this Society, aged sixty eight years in April last, all that chamber situatc on the ground floor south at No.12 Paper Buildings with the vault below (previously known as the chamber situate up the steps south in the third staircase in Sir Robert Sawyers Buildings) for the use and benefit of this Society. John Willing Warren was admitted to this said chamber for his own life at a Parliament on 20th November 1801 and for which John Willing Warren or his assigns is to be paid an annuity of f 100 per annum payable half yearly videlk.it on Christmas Day and Midsummer Day in every year and an aliquot portion thereof up to the day of John Willing Warren's demise. Ordered that the said annuity of E 100 per annum to commence from Midsummer Day next, in consideration of which John Willing Warren is to be disadmitted. Horace Twiss, Esq., having purchased of George Townley, gentleman, a member of this Society, aged sixty one years on ri February last, all that chamber situate up one pair of stairs north at No. 12 Paper Buildings with the vault below (previously known as the chamber situate up one pair of stairs north in the third staircase in Sir Robert Sawyers Buildings) for the use and benefit of this Society. George Townley was admitted to this said chamber for his own life at a Parliament on 12thJune 1807 and for which George Townley or his assigns is to be paid an annuity of f 100 per annum payable half yearly videlicit on Christmas day and Midsummer day in every year and an aliquot portion thereof up to the day of George Townley's demise. Ordered that the said annuity of ÂŁ100 per annum to commence from Midsummer Day next, in consideration of which George Townley is to be disadmitted. Ordered that Parliament be adjourned until Wednesday next, to call Mr. James Williams Scarlett to the Bar.

82


1838 TRINITY TERM (Cont'd.) BENCH TABLE Jun. 8

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Flolt, Mr. Burge, Mr. Starkie, Mr. Evans and Sir Alexander Croke and Mr. Wyatt. Resolved that the BTO of 12 May 1835, whereby it was all persons of the full age of 23 years and upwards, who been upon the Books three years may be admitted to the keeping twelve terms, provided that in all other respects entitled to bc called to the Bar, according to the existing

ordered "that shall have Bar, after they be usages,

Top part of. page illegible

[Orders and regulations of the several Inns of Court" rescinded as per BTO 25 May 1838 motion of Mr. Burge]. Mr. Wyatt giving notice of motion for Tuesday next "that after that day no person shall be admitted ad eundem to this Society after his call to the Bar". BENCH TABLE Jun. 12

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Holt, Mr. Erie, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Sir Alexander Croke, Sir Robert Baker, Mr. Wyatt and Mr. Joy. Resolved that the plan to be adopted for the reconstruction of Paper Buildings be the plan marked No. 4 on the list of plans submitted to the Bench by Sir Alexander Croke, being the reconstruction of Nos. 13 & 14 with Top part ol page illegible

modifications they may find necessary, and to make their report to the Bench on Friday next. [The Committee tbr the reconstruction of Paper Buildings to be formed of The Treasurer, Mr. Harrison, Mr. Courtenay, Mr. Rogers and Mr. Evans. BTO Index fbl. 81.] Resolved that no person be hereafter admitted ad eundem of this Society after his call to the Bar. Ordered that the Masters of the Bench be notified whenever the Master of the Temple accepts the invitation of the Treasurer to dine at the Bench Table. Ordered that the vergers be desired not to admit strangers into the Bench pews in the Temple Church until the commencement of the voluntary.

83


1838

TRINITY

TERM (Coned.)

PARLIAMENT Jun. 13

Present The Treasurer. Sir Charles Wetherell. Mr. Law. Mr. Holt. Mr. Spence, Mr. Evans. Sir Alexander Croke and Mr. Wyatt. Ordered that Parliament be adjourned until tomorrow, to call Mr. James Williams Scariest to the Bar. PARLIAMENT

Jun. 14

Present The Treasurer, Mr. Law, Mr. Holt. Mr. Joy, Mr. Spence. Mr. Chilton. Mr. Evans. Sir Alexander Croke and Mr. Wyatt. Mr. James Williams Scarlett called to the Bar. BENCH TABLE

Jun. 15

Top part of page illegible, (Present] Letter rcad from [Walter Crosby] the surveyor of thc Middle Temple, dated June ..... "As it is intcndcd to (repave] the upper part of the [Middle Temple] Lanc in thc ensuing long vacation, I am ..... to apply to you to know whether your Hon. Soc. will bear a moiety of the expense. This remaining portion of the Lane (about 207 feet in length) being exceedingly narrow, it will bc necessary to lay down a granite tramway for thc wheels to run on and Macadamize between, as the wheels running continually in thc same track, would soon wear the Macadamized road into ruts. Thc estimated cost of which is about 05.

Top part (if page illegible regarding repairing the causeway BTO Index fol. 315I thc cost of which will be about ÂŁ30." Ordered that one moiety of the above expenses be borne by this Society. Ordered that Francis Poison. Esq., a Bathster of Lincoln's Inn, be permitted to have access to the Library of this Society for six months dunng the usual hours. Business adjourned to fnda

next. 22'" June


1838

TRINITY TERM (Cont'd.) BENCH TABLE Jun. 22

Top part of page illegible [Present] [Full Report of the Committee on Paper Buildings together with schedule showing the results of negotiations with proprietors or tenants, and Sir Robert Smirke directed to proceed immediately with the building, BTO Index fol. 81.] "Regarding BTO 12 June last, and the Resolution to adopt the proposed plan for Paper Buildings, the Committee reporting on such modifications as they find necessary: That they have consulted with Sir Robert Smirke, and have unanimously approved his plan marked A and signed by the Treasurer under this day's date which plan they recommend to the Bench. It involves the reconstruction of the northern half of No. 12 in addition to that of the building destroyed by the fire, a modification which the Committee have been induced to adopt by the consideration that the construction of four half stacks and an additional wing as proposed by the Resolution of 12ffiJune would not have been practicable without advancing the northern extremity so near the Terrace as [to leave a carriage way of only 14 feet not without an expense of about £1200 for a party wall between No. 12 and 13, which expense will be saved by the removal of the half of No. 12 as now suggested. The whole expense of executing the plan with the]5 Top part of page illegible modification now submitted by the Committee will be £21,500 and the total revenue from new buildings £702 10s. Od., thus producing a return of about 1/4per cent for the outlay. The whole expense of executing so much of the plan as can be effected without the removal of the northern half of No. 12 and without any encroachment on the carriage way, which it is presumed the Bench would choose at all events to abstain from, will be £18,000 and the total revenue from new buildings in that plan £484 10s. Od. thus producing a return of only 2 1/4for the outlay. In the hope that the Bench may sanction the removal of the northern half of No. 12 according to the modification proposed by the Committee, they have proceeded to negotiate with the parties interested as proprietors or tenants in the sites on which it Top part of page illegible [is proposed to build, and the following schedule presents the results of those negotiations up to the present time.] [Area north No. 12 —proprietor George Bankes, Esq.

This Report by the Committee and the following account of proprietors' interests, have been augmented from records concerning the reconstruction of Paper Buildings, 13111/36/2.

85


1838 TRINITY TERM (Cont'd.) The Committee recommend that the Society's chambers situate one pair of stairs south at No. 12 Kings Bench Walks should be put On the life of Mr. Bankes in exchange for this sct now standing on his life. Mr. Bankes consenting to make the exchange.] Ground floor north No. 12 —proprietor Henry Flall Joy, Esq. Mr. Joy offers to exchange his chambers for the Society's set opposite being the ground floor south in the same building, reserving for himself the right of returning to his own set when rebuilt upon paying a fair proportion of the expense of rebuilding; should be acceded to. Mr. Dowdeswell, the present tenant, should have the first refusal of all chambers that may fall vacant upon his giving Mr. Joy immediate possession. [One pair north No. 12 —Society] The tenant in the one pair belonging to this Society should be released from the rent from Midsummer Day and his fixtures taken at a valuation upon his giving up possession when called upon. Top part ().1. page illegible

[Two pair north No. 12 —Society The tenant in the two pair belonging to this Society should be released from the rent from Midsummer Day and his fixtures taken at a valuation and he should have the second refusal of all chambers that may fall vacant upon his giving up possession when called upon.] Three pair north No. 12 —Society

—empty

All the chambers in Nos. 13 & 14 have been wholly destroyed consisting of 20 sets of which 10 belong to the Society, as follows: No. 13

No. 14

Area south Ground floor south One pair south One pair north Two pair south Three pair south Three pair north One pair south Two pair south Three pair south

The remaining ten sets are held upon life or life and assignment, and the Committee have in most cases negotiated with the proprietors in the following manner, subject to the approval of the Bench, viz:


1838

TRINITY TERM (Cont'd.) Top part of page illegible No. 13 [Area north and ground floor north - Henry R. Bramwell, Esq. Proprietor approves of the plan and site proposed by the Committee and will pay his proportion of the expense of rebuilding according to the Rules of the Society.] Two pair north - Edward L. Badeley, Esq. Proprietor also approves of the plan and site and will pay some of the expense of rebuilding according to the Rules of the Society but at the same time objects to any decrease being made to the size of his chambers. No. 14 Area south - Robert B. Follett, Esq. Proprietor also approves of the plan and site and will pay his proportion of the expense of rebuilding according to the Rules of the Society. Area north - Samuel Lovat, Esq. Ground floor south - John H. Gurney, Esq. Proprietor also approves of the plan and site and will pay his proportion of the expense of rebuilding according to the Rules of the Society. Ground floor north - William Erle, Esq. Proprietor also approves of the plan and site and will pay his proportion of the expense of rebuilding according to the Rules of the Society. Top part of page illegible [One pair north - James H. Markland, Esq. Proprietor objects to the north wing of the proposed new building as it will have the effect of rendering one of his rooms to the east much darker than in the old chambers, and therefore hopes that] if the Society build the additional wing they will allow him to exchange his set when rebuilt for the set on the same floor and staircase belonging to them, in which case he approves of the plan and site, but having a life and assignment in the chambers, submits that he should only be called upon to pay such proportion of the expense of rebuilding those chambers as shall be assessed by Mr. Morgan or any other actuary between the Society as reversioners and himself Recommend that Mr. Markland's proposals should be acceded to.

87


1838 TRINITY TERM (Cont'd.) Two pair north —Mr. Baron Alderson Proprietor also objects to the north wing for the same reason as Mr. Markland but approves the plan and site and will accept the set on the same floor and staircase when rebuilt in exchange for his own. Recommended that his proposition be acceded to. Top part of page illegible

Three pair south —[Thomas Thompson, Esq. Proprietor will sell his interest as life proprietor in the chambers for the sum of LW or will refer the value to any competent valuer of such property.] The Committee therefore recommend Sir Robert Smirke should value [his interest therein] and that they should be [purchased] at such valuation." Resolved that the Report of the Committee be confirmed and that Sir Robert Smirke, the Architect, be directed to proceed immediately with the buildings. Ordered that a dinner be provided in the Hall of this Society on the day of Her Majesty's Coronation at 6 o'clock and that notice of this Order should be affixed in the Treasurer's Office and Library. All the members proposing to be present at the dinner to be requested to enter their names in a list at the Treasurer's Office on or before twelve o'clock of the day preceding the Coronation. Business adjourned to Thursday,

5th J•u•iy.

BENCH TABLE Top part of page illegible

Jun. 29

[Present] Mr. Holt, Mr. Starkie and Mr. Wyatt to form a Committee to consider what steps shall be taken as respects a provision in the Pluralities Bill .... in the Office of the Master of the Temple. BENCH TABLE

Jul. 5

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Holt, Mr. Courtenay, Mr. Spence, Mr. Starkie, Mr. Evans, Mr. Wyatt and Mr. Lushington. Ordered that Sir Charles Wetherell be added to the Committee upon the Pluralities Bill.

88


1838 TRINITY TERM (Cont'd.) Ordered that a sum of from £100 to £150 be paid to Mr. Thomas Weston, the tenant in the chambers situate in the area north at No.12 Paper Buildings to defray the expenses of his removal etc., provided he will relinquish the remainder of his lease and give up immediate Top part of page illegible [possession]. Business adjourned to Friday, 20thinstant. BENCH TABLE Jul. 20

Present The Treasurer, Sir George Rose, Mr.... ...., Mr. Courtenay, Mr. , Mr. Burge, Mr. Spence and Sir Robert Baker. Ordered that Sir Robert Smirke's valuation of £350 be offered to Thomas Thompson, Esq., for his interest in the late chambers situate three pair of stairs south at No. 14 Paper Buildings. Ordered that the Treasurer be requested to make such arrangements and regulations with respect to the Watch of this Society as he shall think best calculated to secure the peace and safety of the Inn and that in case it shall be found necessary Top part of page illegible pensioned at 7s. a week William Peppercorn, aged 64 —been a Watchman 26 years Cornelius Dyer, aged 69 —been a Watchman 20 years Charles Waters, aged 64 —been a Watchman 25 years James Dupere, aged 51 —been a Watchman 12 years Business adjourned to Tuesday, 31st instant. BENCH TABLE

Jul. 31

Present The Treasurer, Mr. Joy and Mr. Spence. Mr. Spence giving notice of motion for Friday, 9thNovember, "that the Bench Table Order of the 4 May last, whereby it was ordered that Mr. Burge, one of the Masters of the Bench, do take the necessary steps on the part of this Society in conjunction with the Hon. Society of the Middle Temple for rendering the organ in Temple Church effective, should be reconsidered in the business day of the next [illegible]".6

6

In the margin is written, "Mr. Spence withdrew this noticc on 2nd Nov. 1838".

89


1838 TRINITY TERM (Cont'd.) Top part of page illegible

[Mr. Spence giving notice that the BTO 12thJune last, regarding the regulation of the Bench pews be reconsidered, BTO Index fol.146]. Business adjourned to Wednesday, 8" August next. BENCH TABLE Aug. 8

Present

The Treasurer, Mr. Holt, Mr. Joy and Mr. Spence.

Letter, dated, 29th July 1838, and from Abbots' Lodge, Sebton, nr. Yoxford, Suffolk, of Robert Colmer, Esq., a barrister of Lincoln's Inn, and addressed to Henry Hall Joy, Esq., read as follows: "In reply to your letter received by this morning s post, I have to observe that it is impossible for me at present to Top part of page illegible

and you are aware it cannot legally do any right on my policy, and were I even to assent to the Society building on a new site or in a different manner than the old building, I should unquestionably discharge the Insurance Office from all responsibility on their policy, and there is every reason to fear, that I shall be compelled to enforce my rights against the Company. My solicitors are in correspondence with the Office, and my wish is, to act most liberally, and if they will be actuated by a corresponding liberality, the matter could be immediately and satisfactorily adjusted. If that should take place, I will immediately apprize you, or in your absence the Sub-Treasurer of the Inner Temple so as to negotiate as to the purchase of Top part of page illegible

will further oblige me by ..... letter as it may be hereafter ... to produce it in evidence." Resolved that the building proceed according to the plan resolved upon on 22nd June last. Ordered that the deficiency not paid to George Bankes, Esq., by the tenant of his late chambers area north No. 12 Paper Buildings be paid to him out of the funds of this Society, viz. ÂŁ10. Letter read from Edward L. Badeley, Esq., proprietor of the late chambers two pair north at No. 13 Paper Buildings, requesting to be allowed to exchange his chambers when rebuilt for the one pair set in Top part of page illegible

to his request but that ..... shall be happy to give him a preference as a tenant to that or any other first floor which may

90


1838 TRINITY TERM (Cont'd.) become vacant not interfering with the claim of any other senior barrister of the Society whose chambers have been destroyed.

[signed]: " Examined th Jan. 1 1 1839 Robt. Baker"

91


1838 MICHAELMAS TERM

BENCH TABLE Nov. 2

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Holt, Mr. Erie, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Sir Alexander Croke, Sir Robert Baker, Mr. Wyatt and Mr. Joy. Orders of the last term were read. Mr. Seymour P. Allen, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. Robert Gore, a student, and having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. Mr. Bentley Stocks, a student, and having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. William G.J. Barter, Esq., a student, to be admitted a member of this Society, upon his certificate from Gray's Inn. Ordered that the subject of the Bench chambers destroyed by the late fire at Paper Buildings be taken into consideration on Tuesday, 13th November, and the Masters of the Bench be intbrmed. Report read from the Treasurer respecting the Watch of this Society, as follows: "At the request of the BTO 20th July last, to make such necessary arrangements and regulations, the Treasurer has given his attention to this matter over the vacation, and reports a new improved system which will "effect a present annual saving to the Society with a great ulterior reduction in process of time-. Old System 2 Porters to set the watch & attend at the gates etc.

£7216s.

Od.

2 Gatemen at the Inner Temple Lane gate

£6314s.

Od.

18 Watchmen

carried forward

92

£5774s.

6d.

£71314s.

6d.


1838 MICHAELMAS

TERM (Cont'd.)

Top part of page illegible

New System 7 [2 Porters] the Gatemen every morning at 4 o'clock

£72 16s. Od.

2 Gatemen to attend at the Inner Temple gates, alternately8

£63 14s. Od.

8 Watchmen at 15/- per week during the winter and 12/- per week during summer being an increase of I s 3d. a week per man for the year 1 Superintendent

Police at 30/- per week

1 Inspector of the Watch at 25/- per week Future cost of the Watch

Ultimate annual saving to the Society

£286

8s. Od.

£78

Os. Od.

£65 Os. Od. £565 18s. Od

£147 16s. 6d.

It will be seen by the above that the cost per annum for watching the Inn Top part of page illegible Society of £147 16s. 6d., but on making these alterations, the Treasurer has reduced the number of Watchmen from 18 to 8 and has consequently found it necessary to pension three out of the four old Watchmen as sanctioned by the Bench on 20 July last,9 at 7s. per week each, and in addition to these he has placed four more on half their pay,") viz, three at 7s. each and one at 3s. 6d., with the understanding that these men arc to resume their duties as Watchmen upon any vacancy occurring or forfeit of their pay. This arrangement will for the present reduce the annual saving of £147 16s. 6d. by f 118 6s. Od. leaving the present annual saving to the Society as £29 10s. od." Ordered that the Report be confirmed. Written in the margin, "pay for Porters [illegible, Winter half year ?I 5s. od. a week each Summer half year 12 s. 8d. a week each-. Written in the margin, "pay for Gatemen, Winter half year 14s. a week each Summer half year 10s. Od. a week each". 9 In margin as, "the Watchmen pensioned: Charles If) In margin as, "the Watchmen on half pay: Ilenry each. (Thomas Birch afterwards appointed Deputy allowance to be discontinued). Joseph Todd at 3s.

but possibly]

Waters, Cornelius Dyer, William Peppercorn-. Pullum, James Dupere, and Thomas Birch at 7s. Pannierman at £ I Is. Od. per week the Watch od. a week-.

93


1838 MICHAELMAS TERM (Cont'd.) Top part of page illegible

[Thomas Birch being appointed Deputy Pannierman] with his wage and allowances increased to El I s. Od. per week including all p Deputy the by received previously money whatever, except knife Pannierman which is to be paid to him as usual. Resolved that according to the BTO 12111Junelast, whereby it was ordered that strangers should not be admitted into the Bench pews in the Temple Church until the commencement of the voluntary, be rescinded and that Sir George Rose, Mr. Courtenay, Mr. Burge and Mr. Spence form a Committee to consider thc accommodation in the Temple Church. BENCH TABLE Nov. 6

Top part of page illegible

Present The Treasurer, , Sir William Follett, Mr. Starkie, Mr. Burge, Mr. Spence, Mr. Chilton, Mr. Evans, Sir Alexander Croke, Mr. Wyatt and Mr. Lushington. Mr. Colin Blackburn, a student, to be admitted a member of this Society, upon his certificate from Lincoln's Inn. Mr. John Nodes Dickinson, a student, to have permission to practise as a Special Pleader extended for one year. Grand Day this term to be on Wednesday, 14111November. Ordered that Mr. Wyatt and Mr. Holt view the chambers of John Fuller, Esq., a barrister of this Society Top part of page illegible

[of No. 4 King's Bench Walk BTO Index fol.120]. PARLIAMENT Nov. 9

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Joy, Mr. Holt, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Evans, Sir Alexander Croke and Mr. Wyatt. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last Easter and Trinity vacations.

94


1838 MICHAELMAS TERM (Cont'd.) BENCH TABLE Nov. 9

Present The Treasurer,Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Joy, Mr. Holt, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Evans, Sir Alexander Croke and Mr. Wyatt. Mr. Francis Greensill, a student, to have permission to practise as a Special Pleader extended for one year. Top part of page illegible [The funeral of Mary Burt, late a pensioner and wife of a watchman, amounting to ÂŁ5 6s. 6d. to be paid by the House, BTO Index fol.1361 Orderedthat the duties and emoluments of the present Librarian of this Society be taken into consideration on Friday next, and that whether any, and if any what, increase should be made to his salary. Orderedthat the sum of ten pounds be subscribedby this Society for 20 copies of Warne's Psalmody for the use of the Temple Church. BENCH TABLE

Nov. 13

Present The Treasurer,Sir Charles Wetherell, Sir George Rose, Sir FrederickPollock, Mr. Holt, Mr. Joy, Mr. Courtenay,Mr. Erle, Mr. Spence, Mr. Platt, Mr. Burge, Mr. Evans, Sir Alexander Croke, Mr. Chilton, Sir Robert Baker and Mr. Wyatt. The Sub-Treasurerreportingon the set of chambers Top part of page illegible [situated at No. 5 InnerTemple Lane, devolved to the House through the death of William Rough, Esq. BTO Index fol.1201 Orderedthat Sir Robert Baker and Mr. Wyatt to view the same and reporton the annual value. The same Masters of the Bench to view and reporton the annual value of the chambers of Thomas Andrews, Esq., Serjeantat Law, situate up one pair of stairs north at No. 2 InnerTemple Lane, having been disposed of to Mr. Charles GreenstreetAddison, a member of this Society. Mr. William Smyth, a student, to have permission to practise as a Special Pleaderextended for one year. Top part of page illegible Orderedthat the Reportundertakenby the Committee appointedto consider the duty and emoluments of Mrs. Townsend for her attendanceat and cleaning the ParliamentChambers(BTO 15 Dec 1837) be confirmed. In considerationnow of the additional 95


1838

MICHAELMAS TERM (Cont'd.) services imposed upon her since the Committee made their Report, her wages to be increased to the total sum of forty pounds per annum. Resolved that the Benchers who have lost their chambers destroyed by the late fire at Paper Buildings, are entitled to the new chambers to be built in lieu thereof, as Bench chambers for the same interest which they enjoyed in the old ones. Top part qf page illegible [Letter considered from Mr. Baron Alderson on the subject of his chambers lately destroyed by the fire]. The Sub-Treasurer to inform Mr. Baron Alderson that the Society regrets they cannot depart from their ancient and customary Rules applicable to all holders of chambers. BENCH TABLE Nov. 14

Present The Treasurer, Sir Charles Wetherell, Sir Frederick Pollock, Mr. Holt, Mr. Joy, Mr. Burge, Mr. Platt, Mr. Starkie, Mr. Evans and Mr. Wyatt. Sir Alexander Croke giving notice of motion for Tuesday next, 20th November, "that the Bench assign him chambers of the value of his late chambers immediately instead of his late chambers when rebuilt, though of higher value". PARLIAMENT

Nov. 16

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Law, Mr. Holt, Mr. Joy, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Sir Alexander Croke and Mr. Wyatt. Messrs. Frederick William Wood, Alleyne Cox Yard, Edward Cardwell, Francis Duniergue and John Smith, called to the Bar. Ordered that the following gentlemen be a Committee for the consideration and regulation of all matters relating jointly to this Society and the Middle Temple: the present Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, the Rt. Hon. Lord Langdale, Sir Frederick Pollock, Mr. Law, Mr. Holt, Sir Alexander Croke, Sir Robert Baker, Mr. Wyatt, Mr. Minshull, Mr. Courtenay and Mr. Spence. Francis Ludlow Holt, Esq., to be Master of the Library.

96


1838

MICHAELMAS

TERM (Cont'd.)

G.R. Minshull, Esq., to be Reader of this Society for the next Lent vacation. The Hon. Charles Ewan Law, to be Treasurer of this Society for the ensuing year. Horace Twiss, Esq., Treasurer, having purchased of Ralph Smith, Esq., a barrister of this Society, aged seventy three years on the 5th November last, all that chambers situate down the steps south at No.13 Paper Buildings and the cellars below (previously known as the chamber situate down the steps south in the second staircase in Sir Robert Sawyers Buildings) for the use and benefit of this Society for the sum of f965. Ralph Smith, was admitted to this said chamber for his own life with the benefit of an assignment at a Parliament on 5th June 1807 and is to be disadmitted. Horace Twiss, Esq., Treasurer, having purchased of Thomas Thompson, Esq. a barrister of this Society, aged sixty years in January last, all that chambers lately destroyed by fire and which was situate up three pair of stairs south at No.14 Paper Buildings and the vault below (previously known as the chamber situate up three pair of stairs south in the first staircase in Sir Robert Sawyers Buildings) for the use and benefit of this Society for the sum of 050. Thomas Thompson was admitted to this said chamber for his own life at a Parliament on 14th November 1800 and is to be disadmitted. John Wyatt and Francis Holt, Esquires, reporting according to a BTO of a chambers situate on the ground floor south at No. 4 King's Bench Walk with the cellar below (previously known as the chamber situate up the steps on the right hand in the first staircase in the King's Bench Buildings). John Fuller, Esq., a barrister of this Society, aged seventy two years on 16thAugust last, to be disadmitted. Mr. John Bird Fuller, a member of this Society, aged thirty seven years on 6th March last, to be admitted for his own life and to pay his fine of ÂŁ315 and for his admittance 40s. BENCH TABLE Nov. 16

Top part of page illegible [Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Law, Mr. Holt, Mr. Joy, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers,] Mr. Chilton, Mr. Evans, Sir Alexander Croke and Mr. Wyatt. Mr. Charles Winston, a student, to have permission to practise as a Special Pleader extended thr one year.

97


1838 MICHAELMAS TERM (Cont'd.) The Hon. Bouverie Francis Primrose, a student, having paid all dues, to have his name withdrawn, his deposit returned and his bond delivered up. Philip Courtenay, Esq., a Master of the Bench, today presenting to this Society a brass chandelier for the use of the Parliament Chamber. Ordered that the Treasurer convey the thanks of the Bench, when in his place at the Bench Table. The duties and emoluments of the present Top part qf page illegible [Librarian considered. Ordered that owing to Revd. William Rowlatt's services and other circumstances, his salary to be increased to ÂŁ 150 per annum, BTO Index fol. 257]. [Further to BTO 10 August 1836, when it was ordered and agreed that Mr. Justice Coltman, then one of the Masters of the Bench, upon having his son's life substituted instead of his own on his chambers situate on the ground floor and area south, at No. 9 King's Bench Walks], on the condition that he would .... the Society in taking down and rebuilding the same and pay two thirds of the expenses of such rebuilding. It now appearing that Mr. Justice Coltman's son is not yet of sufficient age to be admitted a member for that purpose according to the Rules of the Society, but that Mr. Justice Coltman is now willing to pay his portion of the expense of rebuilding the chambers upon the understanding that the risk of them is from henceforth upon his son's life, and not upon his own, ordered that the chambers.... Top part of page illegible [Letter from Mr. Justice Coltman, dated April 13 1839.11] have this day paid to the Bank of Gooling & Sharpe 713.18.1 [1.713 18s. 1d.] to the credit of the Inner Temple for the rent account mid .... to add in reply to the letter of the Bench of Nov. the 16th 1838 that the name of my son on whose life the chambers are proposed to be held is Francis Joseph Coltman who is now near eight years of age. [signed]: " Thos. Coltman" Top part of page illegible [a further Order made upon these chambers and on the admittance of his son to the same so soon as he shall be of sufficient age to become a member].

I

Letter inserted between folios of 16 November 1838.

98


1838

MICFIAELMAS TERM (Cont'd.) BENCH TABLE Nov. 20

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Law, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Chilton, Mr. Evans, Sir Alexander Croke, Sir Robert Baker, Mr. Wyatt and Mr. Lushington. Mr. William S. Cross, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Petition read from Mrs. Elizabeth Withers of Portugal Street, as follows: Top part ofpage illegible now occupied by Mr.Clifford That she held the naturally expected would have who Rough, Serjeant of the late Mr. himself. [She asks to retain a portion of the rent of chambers in Inner Temple Lane, BTO Index fol.136]. Your petitioner further states that she is 84 years of age, and that the rent of the chambers being ÂŁ50 a year, the loss of so large a portion would leave her a very limited income, particularly as she lately lost another set, (which she then occupied in the Middle Temple) by the decease of a gentleman about 30 years of age." She asks to be permitted to retain the midsummer rent, and to receive that due at Michaelmas. Ordered that under the circumstances her request be complied with. Top part of page illegible [The Committee reporting on the accommodation Index fol.146]:

in the Church, BTO

for the future the third Bench Pew for the accommodation of Benchers and such strangers as are by courtesy permitted to have seats in the Bench Pews. The three seats be provided for the accommodation of twenty seven persons, with separate entrances to each of the three seats and the same to be placed in the south east angle near the Communion Table in the Temple Church, with moveable rail-framing to form enclosure as shown in [the] plan submitted by the Committee and signed by the Treasurer. The motion of Sir Alexander Croke, "that he be assigned chambers immediately of the value of his late Bench chambers destroyed by fire at Paper Buildings instead of the chambers to be built in lieu thereof' considered. Ordered that the Masters of the Bench whose chambers 99


1838 MICHAELMAS TERM (Cont'd.) were destroyed by the late fire are entitled to the choice of Bench .) chambers whenever any fall vacant (according to Top part of page illegible Bench chambers. may be entitled to the Petition read of Mr. Bowman, written on behalf of Mary Flexney: "That she is the only surviving sister of the late Mr. Flexney, Secretary of the Old Law Society, which had for its special object the sustaining the respectability and preventing the introduction of improper characters into the profession of the Law. That Mr. Flexney was in that capacity upwards of 30 years, that his sister resided with and was wholly supported by him, and that in consequence of his death she is now deprived of every means of subsistence and is 65 years of age. That under these distressing circumstances, the petitioner and other friends of her late brother, are raising a subscription for the purpose of obtaining her election to the benefits of the National Benevolent Institution." Ordered that in consequence of Mr. Flexney's usefulness to the profession, the sum of £25 be paid by this Society. Top part of.page illegible [Letter read from Major Robert Anstruther, dated 20th November 1838, regarding his desire to complete the keeping of term] "I have been absent on duty in Canada since last January and am in consequence already a great sufferer, but the unforeseen necessity of going north this evening renders the past harder still —may I hope that this term may count [?]". Ordered that his request cannot be complied with. Philip Courtenay, Esq., having been thanked by the Treasurer for his present to the Society of a brass chandelier for the use of the Parliament, it is ordered that the following words be engraved upon the same "Presented to the Hono[u]rable Society of the Inner Temple by Philip Courtenay Esquire Q.C. one of the Masters of the Bench —16th November 1838". PARLIAMENT Nov. 23

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Thesiger, Mr. Spence, Mr. Platt, Mr. Chilton, Mr. Evans, Sir Alexander Croke and Mr. Wyatt. Mr. William Bainbridge, the younger, and Mr. Colin Blackburne, called to the Bar. 100


1838 MICHAELMAS TERM (Cont'd.) Sir Robert Baker and John Wyatt, Esq., according to a BTO, reporting on having viewed a chamber situate up one pair of stairs north at No. 2 Inner Temple Lane, (formerly known as a chamber situate up one pair of stairs north in the staircase in the passage leading into Hare Court from the Inner Temple Lane), from which Thomas Andrews, Esq., Serjeant at Law, aged sixty two years on 19thOctober last, desires to be disadmitted and to which Mr. Charles Greenstreet Addison, aged twenty six years on 1stApril last, wishes to be admitted for his own life: ordered that the said Charles Greenstreet Addison be admitted in and to the said chamber for his own life on payment of his fine of ÂŁ133 and for his admittance 40s. Ordered that the Hon. Sir George Rose, the Hon. Charles Ewan Law and Frederick Thesiger, Esq., be requested to execute a power of Attorney empowering Francis Gosling, Robert Gosling, Richard Gosling, Bennett Gosling of Fleet Street, bankers and John Charles Sharpe of Fleet Street, gentlemen, to transfer and sell ÂŁ2,000 in the new 3 1/2per cent Standing in the names of the Hon. Sir George Rose, the Hon. Charles Ewan Law and Frederick Thesiger, Esq., in trust for this Society for the use thereof. BENCH TABLE

Nov. 23

Top part of page illegible

[Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Thesiger, Mr. Spence, Mr. Platt, Mr. Chilton, Mr. Evans, Sir Alexander Croke and Mr. Wyatt.] Mr. Thomas Kingdon, a student, to have permission to practise as a Special Pleader extended for one year. Mr. Chilton giving notice of motion "that the Bench consider arrears of rent due to this Society" for the first business day of the next term. BENCH TABLE

Nov. 27

Present The Treasurer, Sir Frederick Pollock, Mr. Law, Mr. Burge, Mr. Spence, Mr. Rogers, Mr. Chilton, Mr. Evans, Sir Alexander Croke and Mr. Wyatt. Mr. Henry Frampton, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. William Atherton, a student, to have permission to practise as a Special Pleader extended for one year. Mr. John Lowndes, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. 101


1838

MICHAELMAS

TERM (Coned.)

Business adjourned to Wednesday. 12thDecember. BENCH TABLE Dec. 12

Present The Treasurer. Sir Charles Wetherell. Mr. Law, Mr. Courtenay, Mr.Burge. Mr. Spencc. Mr. Starkie, Mr. Rogers. Mr. Chilton, Mr. Evans and Mr. Wyatt. Mr. John Tod Brown, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Business adjourned to Friday. 21° instant. BENCH TABLE

Dec. 21

Top part of page illegible [Present] Mr. Chilton and Mr. William Forsyth, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. Mr. Robert Belt, a student, having paid all dues, to have his name withdrawn and his bond delivered up. A Committee to be formed of the following gentlemen: Mr. Courtenay, Mr. Chilton, Mr. Burge and Mr. Wyatt, to consider whether the approach to Harcourt Buildings can be improved.

102


; 71: Itiflalimai

-

1 1--.7

1.10

Lill ell,.

PLAIT 2 Temple Church, 'View of the Interior from the Vestry Door', showing the earlier position of the organ, engraving by J. Le Keux after R. W. Billings, 1837


1839

THE HON. CHARLES EWAN LAW,

TREASURER

1 January to 31 December 1839

MASTERS OF THE BENCH attending Bench Table and Parliament

Sir Charles Wetherell, Mr. William Harrison, Esquire, Sir George Rose, Sir William Webb Follett, Sir Edward Hyde East, Baronet, Horace Twiss, Esquire, Francis Ludlow Holt, Henry Hall Joy, Philip Courtenay, Frederick Thesiger, Cresswell Cresswell, Richard Preston, William Burge, George Spence, Thomas Starkie, Thomas Joshua Platt, Francis James Newman Rogers, George Chilton, John Evans, Robert Vaughan Richards, John Wyatt and John Edmund Dowdeswell, Esquires.

103


1839

FI1LARY TERM

BENCH TABLE Jan. I 1

The Treasurer, Mr. Harrison, Sir George Rose, Sir Frederick Present Pollock, Mr. Law, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Erle, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie and Mr. Chilton. Orders of the last term were read. Mr. Richard Edward Turner, a student, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. John Beauclerk, Esq., a barrister, having paid all dues, to have his name withdrawn, his deposit returned and his bond delivered up. Grand Day this term to be Wednesday, 23' instant.

Top part qf page illegible Memorial read from [Mr. Richard Clarke, BTO Index fol. 47], dated 9 January 1839, regarding lack of knowledge of any alteration being contemplated in the then existing Rules relative to the admission of members to the Hon. Society of the Inner Temple, in that your memorialist would be eligible to be called to the Bar in three years (provided that he had attained the age of twenty three years), and provided the necessary certificates and dues had been paid to the Society. At the time of demanding insertion of his name on the Rolls of the Society, he was then informed to his surprise and disappointment that a membership of five years would be required of him. He has attained the age of thirty. He requests "the granting of an exception in his favour, to allow him to be called to the Bar in conformity with the spirit of the Rules existing in May last". Ordered [that the Society's Rules must be observed but that his admission fees shall be returned to him if required, BTO Index fol. 47].

Top part of page illegible [Edward Brooke, Esq. requesting the two sums of 10 each for caution, BTO Index fol. 47] money for buying chambers and composition money in lieu of the vacations, paid by him on call to the Bar, should be returned to him. Ordered that the Sub-Treasurer inform Mr. Brooke that his request cannot be complied with. The motion of Mr. Chilton, that the following gentlemen be a Committee: Mr. Courtenay, Mr. Burge, Mr. Platt, Mr. Starkie and Mr. Chilton, together with the Chamber Committee, to consider what mode should be adopted for the better collection of the rents and commons of the Society: approved. 104


1839 HILARY TERM (Cont'd.) Mr. Evans giving notice of motion for Friday, 181 instant, "that it be taken into consideration whether the fee for caution money for buying chambers, shall for the future be Top part of page illegible BTO Index fol. 26]. [continued BENCH TABLE Jan. 15

Present Mr. Twiss, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Spence, Mr. Rogers, Mr. Evans, Mr. Wyatt and Mr. Lushington. Mr. John Henry Phillips, a student, having paid all dues, to have his name withdrawn and his bond delivered up. PARLIAMENT

Jan. 18

Present The Hon. Sir George Rose, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Preston, Mr. Evans, Sir Robert Baker and Mr. Wyatt. Parliament dissolved. BENCH TABLE

Jan. 18

Present The Hon. Sir George Rose, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Preston, Mr. Evans, Sir Robert Baker and Mr. Wyatt. Top part of page illegible [Edward Bullock, Esq., appointed one of the Examiners, in the room of William Longley, Esq., resigned, BTO Index fol. 41. Mr. Burge giving notice of motion for Friday 25th instant, "that the fine of one hundred pounds paid to this Society by gentlemen upon their call to the Bench, be taken into consideration, with a view to the same being increased". BENCH TABLE

Jan. 22

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Burge, Mr. Preston, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Wyatt and Mr. Lushington. Mr. Thomas J. Mazzinghi, a student, to have permission to practise as a Special Pleader extended for one year.

105


1839 HILARY TERM (Cont'd.) Resolved unanimously that all Top part of page illegible [gentlemen who shall hereafterbe called to the Bench of the degree of King's Counsel, BTO Index fols. 26-7] usually termed [silk Gowns] shall pay into the Treasuryof this Society the sum of £300 upon their call to the Bench, and a furthersum of £10 towards the Library. And that all gentlemen who shall hereafterbe called to the Bench of this Society, being of the outer Bar, usually termed stuff Gowns, including Barons of the Exchequer not of the degree of the Coif, Masters of the Crown or Kings Bench Offices, Prothonotaries,Remembrancersof the Exchequer or LearnedDoctors of Laws, not being King's Counsel, nor having a Patent of Precedence shall pay into the Treasuryof this Society the sum of £200 upon their call to the Bench, and a furthersum of £10 towards the Library. And that in future, those gentlemen who shall hereafterbe called to the Bench of this Society in conformity with the above order, shall be, and they are hereby excused the payment [of the fine of £50 on being chosen Reader of this Society, BTO Index fol. 27]. Orderedthat the sum of £100 repaid to a Bencher upon his serving the [position] of Treasurerpursuantto the BTO of 20 [recte 28] Nov 1703, be for the future an allowance paid out of the Treasuryof this Society for his trouble in discharging the duties of that Office. PARLIAMENT Jan. 25

Present The Treasurer,Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Wyatt and Mr. Dowdeswell. Messrs. Augustus Roots, Thomas Sanders, Henry William Hemsworth, William Govett Romaine, EdwardBorton, Joseph Bowstead, William James Thorpe, FrederickRichardSurtees, William RichardBingley, Tenison Edwardsand George Sweet, called to the Bar. Orderedthat Parliamentbe adjourneduntil Tuesday next, 29thJanuary, to call Mr. William March Sowton and Mr. Kenneth Macaulay to the Bar. BENCH TABLE

Jan. 25

Present The Treasurer,Sir Charles Wetherell, Sir George Rose, Mr.Twiss, Mr. Holt, Mr. Joy, Mr. Burge, Mr. Preston, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Wyatt and Mr. Dowdeswell.

106


1839 HILARY TERM (Cont'd.) Mr. William Robert Seymour FitzGerald, a student of Lincoln's Inn, to be admitted a member of this Socicty on his certificate from Lincoln's Inn. Top part of page illegible

[Society's Solicitor instructed to take steps to obtain possession of chambers No. 10 (north) Crown Office Row, BTO Index fol. 2821, now in the occupation of Philip Venn Gambier, Esq., at Lady Day next. Ordered that in future every gentleman who shall be called to the Bar in this Society shall pay the sum of EIO to the House upon his call, except such gentlemen who at this present time hold chambers upon their own lives and that the caution money heretofore paid for buying chambers be dispensed with. Ordered that the Report of the Committee with reference to the perquisites in the Hall, to the Pannierman and Turnspits, be referred back to the same Committee who are requested to report especially upon this subject. PARLIAMENT Jan. 29

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Joy, Mr.Thesiger, Mr.Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Chilton, Mr. Evans and Mr. Wyatt. Mr. William March Sowton called to the Bar. Ordered that the Rt. Hon. Lord Abinger, the Hon. Sir George Rose and the Hon. Charles Evan Law, be requested to execute a power of attorney empowering Francis Gosling, Robert Gosling, Richard Gosling and Bennett Gosling of Fleet Street, bankers, and John Charles Sharpe, of Fleet Street, gentleman, to transfer and sell two thousand pounds Bank Stock, standing in the names of Joseph Jekyll, Esq., deceased, the Rt. Hon. Lord Abinger, the Hon. Sir George Rose and the Hon.Charles Ewan Law, in trust for this Society for the use thereof BENCH TABLE

Jan. 29

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Thesiger, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Chilton, Mr. Evans and Mr. Wyatt. Top part of page illegible

[Mr. George Atkinson, a student, to have permission to practise as a Special Pleader extended for one year, BTO Index fol. 47]. 107


1839

HILARY TERM (Cont'd.) Ordered that [Mr.] W. Johnson Neale be permitted to have access to the Library of this Society for the next six months during the usual hours. BENCH TABLE Feb. 1

Present The Treasurer, Sir Charles Wetherell, Sir Frederick Pollock, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Preston, Mr. Platt, Mr. Chilton, Mr. Evans and Mr. Wyatt. Ordered that a sum not exceeding forty pounds be placed at the disposal ofJohn Wyatt, Esq., to equip William Gardner, son of the late Sub-Treasurer, on his voyage to sea. Business adjourned to Wednesday 13th instant. BENCH TABLE

Feb. 13

Top part qf page illegible

Present Mr. Platt, Mr. Mr. Dowdcswell.

, Mr. Spence, Mr. Holt, Mr. ., Mr. Chilton, Mr. Evans, Mr. Wyatt and

Report read of the Chamber Committee concerning the rents and commons, as follows: "The Committee having considered the arrears of rent due to the Society, and having given directions to obtain payment from each individual in arrear, according to the respective circumstances of each case with the exception of the following, which they have ordered to be struck out of the Rental as bad debts, viz.: d. s. Executors of Henry Roscoe —2 months to 4 13 5 27th November 1835 James William Gudge —25th April 1834 to Michaelmas 1835 John Hulme —One quarter to Lady Day 1830 William Lee —a balance to Christmas 1830 William Broderick —1 year and 1/2 Michaelmas 1831

108

38

3

0

7

17

6

23

4

4

39 £124

7 5

6 8


1839 HILARY TERM (Cont'd.) Top part of page illegible

under him, whose duty [it shall be] to collect the rents from the Society as well as those of the Benchers [and] to account to the Sub-Treasurer for the [sums] he shall have received, and also that he enter the same in a book to be kept for that purpose, which book shall be also [duly] examined by the Sub-Treasurer who shall ... the same, and on the same day pay that amount into the Bankers to the Society's Account. That the Collector' shall be paid one quarter per cent (5s.) upon the amount of rent received, after the same shall have been audited; and that he shall give the bond with two sufficient sureties to the Society in the sum of ÂŁ500 for the due performance of his trust. That the commons and pensions and Preacher's duties shall in future be collected by James Gardner, the Clerk in the Treasurer's Office, who shall make out the accounts half-yearly for that purpose, and that he shall daily pay such money as he may receive into the ..... Top part of page illegible

... of one of the Masters of the Bench, and that he shall be paid one and a half per cent upon the amount so collected by him after the account shall have been passed by the auditors. That on the second Parliament day in every Hilary Term and Trinity Term the Collectors shall make out an account of all persons in arrear for rent, commons and pensions and Preacher's duties and attend at the Bench Table with the same." Ordered that the Report be adopted. Business adjourned to Wednesday next, the 20t11instant. BENCH TABLE Feb. 20

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Holt, Mr. Courtenay, Mr. Spence, Mr. Evans and Mr. Wyatt. Business adjourned to Wednesday 6' March next. BENCH TABLE

Mar. 6

Top part of page illegible

Present Mr. Wyatt giving notice of motion for the first business day of the next term, viz. Tuesday, 16thApril, "that there be a call to the Bench of one or more utter banisters of this Society".

The name. "William

Hurlstone,

3rd Butler appointed Collector",

109

written in the marMn, and signed.


1839

EASTER TERM

BENCH TABLE Apr. 16

Present Sir Frederick Pollock, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Platt, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans and Mr. Wyatt. Orders of the last term were read. Mr. John Henderson, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. James Charnock, a student of Gray's Inn, to be admitted to the Society on his certificate from Gray's Inn. The Sub-Treasurer reporting that Top part of page illegible the set of chambers No. 4 Inner Temple Lane devolved by the demise of Mr. John Pacey, BTO Index fol.120] Ordered that Mr. Wyatt and Mr. Evans be requested to view the same and report the annual value thereof. The Sub-Treasurer, reporting that Edmund Henry Lushington, Esq., one of the Masters of the Bench, died on 27th March last, and that by his death a set of Bench chambers have fallen vacant. Ordered that they be disposed of at the Parliament to be held on ,rd May next, and that the Masters of the Bench be notified. Grand Day this term to be Tuesday, 23rd instant. Report read from Sir Robert Smirke, the Architect, as follows: "In compliance with the wish of the Treasurer, I have considered in what manner it would be practicable to give warmth to the entrance to the Parliament Top part of page illegible apparatus fixed in the cellar adjoining one by means of a small now there, the expense of which would be about £60." Ordered that Sir Robert Smirke be directed to have the same done during the next vacation. Memorandum —Mr. Wyatt's motion "that there be a call to the Bench of one or more utter barristers", was withdrawn. Robert Vaughan Richards, Esq., and Griffith Richards, Esq., barristers of this Society, having produced Her Majesty's Letters Patent 110


1839 EASTER TERM (Cont'd.) constituting them Queen's Counsel: ordered that there be a call to the Bench this term and that the gentlemen to be invited, be balloted for on Friday next, and the Masters of the Bench be notified. BENCH TABLE Apr. 19

Top part of page illegible Present , Mr. Chilton, Mr. Mr. Starkie,

and Mr. Wyatt.

Charles Barton, Esq., a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. Frederick Carlyon, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. John Walter Huddleston and Mr. Charles James Kilpin, students of Gray's Inn, to be admitted members of this Society upon their certificates from Gray's Inn. Mr. William Mellish Chambers, a student, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. Ordered that the consideration of BTO 16thinstant when it was ordered "that there be a call to the Bench this term and that the gentlemen to be invited be balloted for this day" be adjourned until Friday, 26th instant. Mr. Thesiger giving notice of motion for Friday next, the 26th instant, "that there be a call to the Bench this term from the outer Bar". BENCH TABLE Apr. 24

Present Sir Charles Wetherell, Sir Frederick Pollock, Mr. Twiss, Mr. Burge, Mr. Spence, Mr. Chilton, Mr. Evans and Mr. Wyatt. The Sub-Treasurer reporting that William Williams, Esq., a barrister, died on 8 February last, and that by his death a set of chambers situate up two pair of stairs north at No. 11 Paper Buildings, have devolved to the House. Mr. Wyatt and Mr. Evans reporting on viewing the chambers [at No. 4 Inner Temple Lane, BTO Index fol.120] lately devolved to the Society on the death [of Mr. John Pacey] consider the annual value to be • ordered that they be let at this sum.


1839

EASTER TERM (Cont'd.) The same gentlemen reporting on viewing the set of chambers lately devolved to the Society by the demise of William Williams, Esq., consider the annual value to be ÂŁ90: ordered that they be let at this sum. PARLIAMENT Apr. 26

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir Frederick Pollock, Mr. Holt, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans and Mr. Dowdeswell. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last vacation. BENCH TABLE

Apr. 26

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir Frederick Pollock, Mr. Holt, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans and Mr. Dowdeswell. Top part of page illegible

[Mr. Thesiger's motion "that there be a call to the Bench this term from the outer Bar", to be adjourned to the second business day this term, BTO Index fol. 27] viz., Tuesday, 28 th May. Robert Vaughan Richards, Esq., having produced Her Majesty's Letters Patent constituting him one of Her Majesty's Counsel and having been proposed and seconded and afterwards chosen by ballot: ordered that he be called to the Bench at the Parliament to be held on Friday next, and that the Sub-Treasurer do attend and be given notice. Griffith Richards, Esq., having produced Her Majesty's Letters Patent constituting him one of Her Majesty's Counsel and having been proposed and seconded and afterwards chosen by ballot: ordered that he be called to the Bench at the Parliament to be held on Friday next, and that the Sub-Treasurer do attend and be given notice. BENCH TABLE Apr. 30

Top part of page illegible

Present

112


1839 EASTER TERM (Cont'd.) The thanks of the Society to be conveyed by the Sub-Treasurer to D. A. Durtnall, Esq., for his present to the Library of a copy of vcrsionihus "De elequcntia De1170StherliS,17CC011CIC variis ediionihus eh's Orationum". Memorial from the "Society of Attorneys, Solicitors, Proctors and others not being barristers practising in the Courts of Law and Equity of the United Kingdom incorporated by the charter of His late Majesty King William the Fourth", respecting the permission granted to students of this Society to practise under the Bar, be referred to a Committee to bc formed of: Mr. Preston, Mr. Platt, Mr. Starkie, Mr. Chilton and Mr. Evans, who are requested to make their report to the Bench on thc subject. PARLIAMENT May 3

Present The Treasurer, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Wyatt and Mr. Dowdeswell. Messrs. Robert Vaughan Richards and Griffith Richards, called to the Bench. Messrs. William John Hamilton, Richard Arabin, Frederic Hitchcock, Arthur Edward Somerset, Kenneth Macaulay, Geroge Hart Morley, Edward FizRoy Talbot, Thomas Emerson Headlam, James Hill, Sydney Smith Bell, John Richard Westgarth Hale, John Hughes and Richard Griffiths Welford, called to the Bar. Disadmittance from, and admissions to, Bench chambers with fines of 40s. :Horace Twiss, Esq., from Bench chamber one pair of stairs No. 8 Fig Tree Court to Bench chamber late of Edmund Henry Lushington, Esq., ground floor south No. 13 Paper Buildings. Francis Ludlow Holt, Esq., from Bench chamber one pair of stairs No. 2 Hare Court to Bench chamber late of Horace Twiss, Esq., one pair of stairs No. 8 Fig Tree Court. Philip Courtenay, Esq., from Bench chamber three pair of stairs south No. 7 King's Bench Walk to Bench chamber late of Francis Ludlow Holt, Esq., one pair of stairs No. 2 Hare Court. George Spence, Esq., in and to Bench chamber three pair of stairs south No. 7 King's Bench Walk, late of Philip Courtenay, Esq.. Horace Twiss, Esq., in accordance with BTO 22 Jun 1838, having 113


1839

EASTER TERM (Cont'd.) purchased of George Bankes, Esq., a barrister of this Society and aged fifty years in December last, his chamber situate down the steps north at No. 12 Paper Buildings (previously known as down the steps north in the third staircase of Sir Robert Sawyer's Buildings) and for which the said George Banks, Esq., was at a Parliament on 5th January 1819 admitted for his own life, to be disadmitted and in this Parliament to be admitted in and to the chambers situate up one pair of stairs south at No. 11 King's Bench Walk for his own life. May 3

BENCH TABLE Present The Treasurer, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Wyatt and Mr. Dowdeswell. Top part of page illegible

Mr. Spence and Mr. Wyatt [to view chambers No. 8 King's Bench Walk, BTO Index fol.120] the same having been disposed of to Frederick Thesiger, Esq. Petition by William Usher, that his salary be increased from ÂŁ65 to ÂŁ70 per annum for his attendance in the Hall, Parliament Chambers and Library: agreed. The Sub-Treasurer reporting that William Pott, Esq., late one of the Masters of the Bench, died on 2nd May. His set of Bench chambers having become vacant by his death, to be disposed of at the last Parliament in the ensuing Trinity Term, for which the Masters of the Bench have notice. May 7

BENCH TABLE Present The Treasurer, Sir Frederick Pollock, Mr. Twiss, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Evans and Mr. Wyatt. St. George Richard Gore, Esq., a barrister, Top part of page illegible

[having paid all dues, to have his name withdrawn and his bond delivered up, BTO Index fol. 359]. May 10

BENCH TABLE Present The Treasurer, Sir George Rose, Sir Frederick Pollock, , Mr. Burge, Mr. Spence, Mr. Twiss, Mr. Holt, Wyatt. Mr. and Mr. Starkie, Mr. Chilton

114


I X39

FASTER TNRIVI (( 'ont'd.) NH. James Dillon

Macnamara,

to the Society on his certificate

a student of Gray's from (iray's

Inn, to bc admitted

Inn.

Grand Day next term to be Monday, 3'd June, and the .ludges, formerly members of this Society, to be invited to dine with the Masters of the Bench.


1839

TRINITY TERM

BENCH TABLE May 23

Present Sir George Rose, Sir Frederick Pollock, Mr.Twiss, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. R. Richards and Mr. Wyatt. Thomas Moulden Sherwood, Esq., a barrister, having paid all dues, to have his name withdrawn and his bond delivered up. Resolved that the Master of the Temple [the Revd. Christopher Bensonl be requested to permit his series of sermons upon 'Tradition and Episcopacy', lately preached at the Temple Church, to be published at the expense of the Society. Sir George Rose Tap part of page illegible

May 28

BENCH TABLE Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Mr. Holt, Mr. Joy, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Evans, Sir Robert Baker, Mr. Wyatt and Mr. Dowdeswell. Letter read from Sir Robert Smirke, the Architect, of Stratford Place and dated May 15th 1839, as follows: "I request you will inform the Treasurer, in answer to his inquiry, that very little painting has been done in the Temple during the last six months, but for that which has been required. I have not employed Mrs. Ogers3 considering that she was no longer in a situation to justify any claim to the employment nor to have it properly executed. Tap part 4page illegible work could not be It appeared therefore to me that it has been my and arrangement, properly executed under such an intention to state these circumstances to the Treasurer when more employment was about to be required, and to recommend strongly that some respectable and competent tradesmen experienced in that line of business should be appointed in conjunction with the other painters (Egerton and Sons) who have been for many years employed to do a portion of the work." Ordered that Sir Robert Smirke be directed to do what he thinks best in this matter.

Benson, M.A., Master of the Temple 1826-1845. Christopher Widow of Mr. Ogers, painter to the Society. She had applied unsuccesstidly appointment after his death ( BTO 11 Jun 1833).

2

1 16

to take on the


1839 TRINITY TERM (Cont'd.) Memorandum —Mr. Thesiger's motion "that there be a call to the Bench this term from the outer Bar", was withdrawn. PARLIAMENT May 31

Present Sir George Rose, Sir Frederick Pollock, Mr.Twiss, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Robert Richards and Mr. Wyatt. Mr. John Wyatt and Mr. George Spence, in accordance with BTO 3 May 1839, reporting on viewing the chamber situate on the ground floor north in the staircase No. 8 King's Bench Walk, together with the rooms underneath the same, the conveniences in the back area and the vault in the front area, previously belonging to Henry John Adeane, Esq., a barrister aged forty nine years on 18thJune last: ordered he is to be disadmitted and Frederick Thesiger, Esq., aged forty four years in July last, to be admitted in and to the said chamber for his own life, paying for his fine eighty pounds and for his admittance 40 shillings. BENCH TABLE

May 31

Present Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. R. Richards and Mr. Wyatt. Mr. John BarrĂŠ Beresford, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Top part of page illegible [Mr. Harrison giving notice of motion for Tuesday, 1 1th June next as to the case, BTO Index fol. 27] of John Horatio Lloyd, Esq., a barrister. PARLIAMENT

Jun. 7

Present The Treasurer, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans and Mr. Dowdeswell. Messrs. Sebastian Stewart Dickinson, Osmund Arthur Wyatt, Peter Joseph Burke, Thomas Foljambe, junior, Richard Bourke, Lewis Hoffman, John Edward Bright, William Pitt Byrne, Robert Anstruther, Thomas Bird Hughes and John Holland, called to the Bar. Francis Ludlow Holt, Esq., to be Reader of the Society for the next Trinity vacation. Disadmittance from, and admissions to. Bench chambers with fines of 40s. :117


1839 TRINITY TERM (Cont'd.) The Treasurer from Bench chamber one pair of stairs east No. 7 Fig Tree Court to Bench chamber late of William Pott, Esq., ground floor west No. 1 Fig Tree Court. Henry Hall Joy, Esq., from Bench chamber two pair of stairs south No. 2 Tanfield Court to Bench chamber late of the Hon. Charles Ewan Law, one pair of stairs east No. 7 Fig Tree Court. Frederick Thesiger, Esq., from Bench chamber two pair of stairs east No. 7 Fig Tree Court to Bench chamber late of Henry Hall Joy, Esq., two pair of stairs south No. 2 Tanfield Court. Thomas Joshua Platt, Esq., to Bench chamber late of Frederick Thesiger, Esq., two pair of stairs east No. 7 Fig Tree Court. Ordered that the Rt. Hon. Lord Abinger, Sir George Rose and Mr. Charles Ewan Law be requested to execute a power of attorney empowering Francis Gosling, Robert Gosling and Bennett Gosling of Fleet Street, bankers, and John Charles Sharpe of Fleet Street, gentleman, to transfer and sell three hundred pounds Bank Stock, standing in the names of Joseph Jekyll Esq., deceased, the Rt. Hon. Lord Abinger, Sir George Rose and Mr. Charles Ewan Law, in trust for this Society for the use thereof. BENCH TABLE Jun. 7

Present The Treasurer, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans and Mr. Dowdeswell. Mr. Charles Greenstreet Addison, a student, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. Top port of page illegible

The Sub-Treasurer having reported that William Pott, Esq., late one of the Masters of the Bench, died on 21 May last, [Mr. Wyatt and Mr. Evans to view] and report the annual value [of his Bench chambers, BTO Index fol. 69]. The following communication

from Gray's Inn read:

" The Benchers of Gray's Inn having received an intimation that a member of the Inn who has applied to be called to the Bar, was or had been an attorney's clerk, have called upon him for an explanation, and have received from him a statement: 'that in Hilary Term 1834 he was admitted a member of Gray's Inn with a view to be called to the Bar, and at the time he was so admitted he was under an 118


1839 TRINITY TERM (Cont'd.) engagement at a salary with C. D. & Co., Attorney's, and so continued May 1839 when the engagement was determined.' He up to the 16111 was not an articled clerk. Adverting [sic] to the General Rule or Order of the four Inns of Court in Trinity Term 1762 concerning the call Top part of page illegible

[to the Bar that no attorney or solicitor, or clerk in Chancery or Exchequer be called to the Bar till they shall have actually discontinued the practise of their former profession two years. BTO 26 Jun 1762]. Is A. B. consistent with the above-mentioned ... and usage of the Order of the Inns of Court eligible to be called to the Bar, he having complied with all the other Rules?" Ordered that the question be referred to the Committee appointed to take into consideration the memorial received from the Law Society upon the subject of Special Pleaders and Conveyancers. Ordered upon the application of Miss Bearcroft, daughter of the Hon. Edward Bearcroft, formerly a Bencher of this Society, that the sum of ten guineas be given to her towards defraying the expense of publishing her work, entitled, "Eva of Chepstow". BENCH TABLE Jun. 11

Top part of page illegible

[Present] Mr. Cresswell.

Mr. R. Richards, Mr.

., Mr. Thesiger and

Mr. Thomas Healey, a student, having paid all dues, to have his name withdrawn, his deposit returned and his bond delivered up. John Lloyd, Esq., a barrister of this Society, having paid all dues, to have his name withdrawn and his bond delivered up. Ordered that Mr. Wyatt and Mr. Rogers view the chambers situate up two pair of stairs north at No. 4 King's Bench Walks, held upon the life of Mr. Robert Gray, and report the fine payable to the House, the same having been disposed of the the Hon. Alfred Hervey,4 commonly called Lord Alfred Hervey. Memorandum - Mr. Harrison withdrawing his motion "that he would this day bring Top part of page illegible

[the case of John Horatio Lloyd, Esq., a barrister... , BTO Index fol. 27]. A politician.

119


1839

TRINITY TERM (Cont'd.) Mr. Harrison reporting that he had received a letter from Sir Thomas Edlyne Tomlins, one of the Masters of the Bench, now residing in France setting forth that he was in great distress and that he had over drawn his account with the Sub-Treasurer to the amount of £29 6s. and also that he required the further sum of £15 to relieve him from some present difficulties. Ordered that the two sums of £29 6s. and £15 be paid to Sir Thomas Tomlins by this Society as a gratuity. BENCH TABLE Jun. 14

Present Sir Charles Wetherell, Mr. Holt, Mr. Spence, Mr. Burge, Mr. Platt, Mr. Starkie and Mr. Wyatt. Application read from Mr. Thomas Healey, late a member of this Society, requesting that the composition money of £5 paid by him in lieu of keeping Top part olpage

illegible

Ordered that the Sub-Treasurer do inform Mr. Healey that his request cannot be complied with. Letter from the Surveyor at the Surveyor's Office of the Middle Temple, dated June 13th 1839, read as follows: "Having laid a Report before the Hon. Society of the Middle Temple stating that when the external part of the east end of the church was repaired in 1736, the plinth and gabel [sic] of the roof was cased with Portland stone, but the parts above and below the same were merely partially repaired, which portion of the wall is now in a dilapidated state and has a very unsightly appearance when seen with the south flank wall which was cased a few years back by your Society. In consequence of that Report they have recommended that the said portion of the wall should be cased to correspond with the gabel [sic] and plinth. They have also recommended that the interior of the church should be repaired and beautified during the ensuing long vacation and have commissioned me, provided it meets with the Top part of page illegible

Ordered that the following letter be sent to the Under-Treasurer of the Middle Temple: "Sir, I am directed by the Bench of this Society to acknowledge the receipt of a letter from Mr. Crosby, the Surveyor of your Society respecting the repairs of the Temple Church and in reply they have desired me to express their regret that in consequence of its having been received by them only the day before their separation, they are 120


1839 TRINITY TERM (Cont'd.) unable to do more than to instruct Sir Robert Smirke, their Surveyor, in conjunction with Mr. Crosby, to make inquiries upon the subject therein referred to." Business adjourned to Tuesday, 25th instant. BENCH TABLE Jun. 25

Top part of.page illegible [Present] Baker and Mr. Wyatt.

Mr. Chilton, Mr. Evans, Sir Robert

Report read of the Committee appointed to take into consideration a memorial received from the Society of Attorneys, Solicitors, Proctors and others not being barristers practising in the Courts of Law and Equity of the United Kingdom, incorporated by charter of his late Majesty King William IV, upon the subject of the permission granted by the Bench to the members of this Society to practise as Special Pleaders and Conveyancers. And also the Report of the same Committee upon the question submitted to the Bench by Gray's Inn, whether a gentleman who was clerk to an attorney, at a salary, up to the 16thMay last, could under the existing Rules of the four Inns of Court be now called to the Bar. "Upon the matters set forth in the memorial of the Society of Attorneys, Solicitors, etc., your Committee beg leave to state that they consider the subject to be one of very great importance and one upon which they think that no conclusion can satisfactorily be come Top part of page illegible Upon the subject of the question by Gray's Inn, your aware that any cases have occurred ..... decision of Committee is on but it appears to them that the the Bench similar to which the Rules of 1762 and 1789, (BTO 27 Jan and 16 Jun) are founded applies with still greater force to the case of a salaried clerk to an attorney as in the present instance, than it does to the cases of disqualification expressly mentioned in those Rules. The Committee find also on the Minutes of this Society that in a case which was submitted to all the Inns of Court in the year 1792 that a proctor, though not expressly named, was held to be within the Rule of disqualification. Your Committee therefore recommend that an answer be sent to Gray's Inn to the effect that it is the opinion of this Society that the Rules of 1762 and 1789 apply with greater force to the case of a salaried clerk to an attorney than they do in the cases of disqualification therein expressly mentioned." Ordered that the Report be confirmed and that a copy of that part of the Top part of.page illegible 121


1839

TRINITY TERM (Cont'd.) [Conference requested with the other Societies upon subject of memorandum, BTO Index fol. 47]. Business adjourned to Tuesday, 16th July next. BENCH TABLE Jul. 16

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Burge, Mr. Spence and Mr. Dowdeswell. The following letters read of Jeremiah Simpson, Esq., of Pemberton Crawley & Gardiner, Solicitors to the Commissioners of Her Majesty's Woods, Forests, etc., from Whitehall Place: [Dated] 8th July 1839 "Dear Sir, A site being required for a building to be erected for the public service, for which the house and garden lately occupied by the Commissioners of the Alienation Office appear to be well adapted. We request the favo[u]r of you to inform us with as little delay as possible whether the Benchers of the Inner Temple desire to avail themselves of the offer some time since made to them by the Commissioners of Woods for the sale of the said premises to the Society. If Top part of page illegible of the Crown and upon of the absolute and unqualified right of way over and claim preferred by the Benchers joint use of the garden."' [Dated] I liii July 1839 "Dear Sir, The Commissioners of Woods think it useless to have a fresh valuation made of the Alienation Office Building and Garden, as they could not allow the claims preferred by the Society to influence the valuation. But they are still ready to sell the premises to the Society at such price as may be fixed by two out of three surveyors, one to be nominated by the Board of Woods, another by the Benchers of the Society and the third by the two first nominated. In fixing the price Top part of page illegible only that absolute and unqualified restraint to the appropriation of the garden to building purposes being the preservation of ancient lights.

Few records survive in the Inner Temple Archives about the sale of the Alienation Office; for what there is, see M UN/I 5/I . The National Archives contains some further records, see T.N.A.,CRLS 2/638.

122


1839 TRINITY TERM (Cont'd.) We beg the thvo[u]r of an early answer whether the Benchers will accede to these terms or decline the treaty altogether, as it is important for the Board of Woods to know as soon as possible whether the site can be appropriated for a building required for the public service." Resolved that the Society are willing to refer the whole question to two out of three surveyors, one to be nominated by the Board of Woods, another by the Benchers of the Society, and the third by the two first nominated. But they cannot consent to exclude the benefit of their claim to a right of way over, and joint use of'the garden and Top part of page illegible

Business adjourned to Wednesday, 31'' July. BENCH TABLE Jul. 31

Present The Treasurer, Mr. Twiss, Mr. Flolt, Mr. Mr. Burge and Mr. Wyatt.

, Mr. Spence,

Letter of Sir Robert Smirke, the Architect, to Mr. Martin, dated July 9til 1839, read as follows: "With reference to your letter mentioning the proposal made by the Society of the Middle Temple to repair and colo[uir the interior of the church and also to restore the stonework of the east end, I request you will state to the Masters of the Bench that I think the season is now rather too far advanced to enter upon the consideration of these works with advantage, and considering also the expensive buildings upon which the Society is at this time engaged, I am desirous of recommending that the matter should be postponed to a future opportunity. The repairing of the roof of the church appears Top part of page illegible

I think it probable that the works by the other Society done in a proper and suitable manner together with those required tbr the necessary repairs of the roof would incur an expense of not less than between six and seven hundred pounds." Ordered that the Sub-Treasurer do communicate the same to the Society of the Middle Temple. Documents and letter read from Mr. George Vincent, a solicitor of King's Bench Walks, dated 25th July, viz.:

123


1839 TRINITY TERM (Cont'd.) 1

Letter from Mr. George Vincent stating that he is entitled, paying Mr. Colmer £85 per annum, to the whole of his claim or interest in the chambers late No. I Paper Buildings, and as evidence he is enclosing the original documents relating thereto. Top part of page illegible

Letter to Mr. George Vincent from White & Borrett, stand in "distinctly understood from his term at the rent of £85 per Mr. Colmer's place annum that repairs would be done by you. at the half Mr. Colmer considers the rent quarter after Michaelmas. Pray favour in the course of the day a definitive answer, as Mr. Colmer wishes to hear from us tomorrow morning." Letter from White & Borrett, dated 23rdJuly 1836, and sent to Mr. Colmer and George Vincent, as follows: " On the part of Robert Colmer, Esq., we agree to let to Mr. George Vincent, and he thereby agrees to take a lease of No. 1 Paper Buildings for the remainder of Mr. Colmer's term or interest at the rent of £85 per annum, Mr. Vincent to do repairs and to hold the chambers in other respects under the same covenants as they are now held by Mr. Colmer, the rent to commence at Christmas next, and to be reserved quarterly or half year as Mr. Colmer may wish." Top part of page illegible

Ordered that consideration of the subject be adjourned (BTO Index fol.121).

[signed]: "Examined, John Wyatt, 5 Nov. 1839"


1839 MICHAELMAS TERM

BENCH TABLE Nov. 5

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Sir Frederick Pollock, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Sir William Follett, Mr. Burge, Mr.Spence, Mr.Platt, Mr.Starkie, Mr.Chilton, Mr.Evans and Mr.Wyatt. Orders of the last term were read. Mr. John Lane, a student, to have permission to practise as a Special Pleader extended for one year. Mr. John Carlen Heath, a student, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. Top part of page illegible [Mr. Wyatt and Mr. Evans reporting on the value of chambers No. 4 Inner Temple Lane, devolved by the death of William Pott, Esq., BTO Index fol.121] and that they consider the annual value to be E36 15s. be entered in the Rental at that sum. Ordered Memorial read of the Governors and Subscribers of the King's College Hospital, dated June 141'1839, and signed "by order of the Board of Governors, R.B.Todd, Hon. Sec.": "That your petitioners have founded a hospital in connection with King's College, London, situated in Portugal Street, Lincoln's Inn. The building, which has been taken by your petitioners for this purpose, is capable of accommodating 250 patients and well adapted to the purposes of a hospital. That the hospital is situate in a district which from its extremely numerous poor population as well as its distance from all existing hospitals stands greatly in need of this addition to its Charitable Institutions. The connection moreover, of this hospital with the Medical School of King's College, will enable the medical students of the College to continue and complete their education in it, and thus, your petitioners hope that the benefits of the King's College Hospital will be still more widely extended in enabling the Council and Professors of the College to send forth annually a Top part of page illegible your worshipful court will Your petitioners assist their efforts for the sake of the poor and [charitably and] the promotion of medical science by granting to them in aid of the funds of the hospital such sum either as a donation or annual subscription as your worshipful court may think right." 125


1839 MICHAELMAS

TERM (Cont'd.)

Ordered that a donation of fifty pounds be paid to King's College Hospital in the names of such of the Masters of Bench as shall be hereafter agreed upon by the Table. Letter ofJeremiah Simpson, Esq., of Pemberton, Crawley & Gardiner, Solicitors of Her Majesty's Woods, Forests,etc., 20 Whitehall Place, dated 31st July 1839, read as follows: "With reference to your letter of the 19th instant, and the letter enclosed in it from the Sub-Treasurer of the Inner Temple regarding the building lately used as the Alienation Office and the garden attached to it, we beg to state that the Commissioners of Her Majesty's Woods, Top part of page illegible the claims a right of way over and [joint use of] the garden, or allow those claims to the surveyors as in any way the value of the premises. short of a judicial decision, upon Commissioners of Woods can recognize mentioned claims in the opinion of Officers of the Crown, and if the Masters of the Bench will be content to be bound thereby on behalf of the Crown. If this proposal be rejected and the Society will not forego their claims, there seems to be no alternative but to try the right in an action at law. We should add that the Law Officers are not committed by any opinion already given, and that they have not yet been consulted upon the subject."6 Resolved that the whole subject be referred to the original Committee Top part of page illegible [with full power to settle the question, 13TO Index fol.1211. Friday next for the purpose, the same Committee appointed to consider [the new City Police Act, BTO Index fol. I 21]. A Committee to be formed of the tbllowing gentlemen: Sir Frederick Pollock, Sir George Rose, Mr. Burge, Mr. Spence and Mr. Wyatt, to ascertain whether the attendance of Mr. Smith can be continued as Preacher at the Temple Church, the Committee in this matter observing every possible respect towards the Master. PARLIAMENT Nov. 8

6

[No Minutes written up in the Acts of Parliament]

Sec Bench Table 16'h July instant, n. 5.

126


1839 MICHAELMAS TERM (Cont'd.) BENCH TABLE Nov. 8

Present Sir Charles Wetherell, Sir George Rose, Sir Frederick Pollock, Mr. Twiss, Mr. Holt, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Evan, Mr. G. Richards and Mr. Wyatt. Top part of page illegible [The secretary of King's College informing the Sub-Treasurer, on , BTO Index fol.137]. receipt of the ÂŁ50 [the sum of] ÂŁ50 pursuant to BTO 5th instant, the Managers of the King's College Hospital would consider the Treasurer of the Society for the time being a perpetual Governor of the Hospital: ordered that the same be immediately paid upon this understanding. The Committee, appointed to take into consideration the new City Police Act with reference to its operation within this Society, reporting that nothing should be done by the Bench relative to it, before some communication be received from, or any steps taken by the City Authorities affecting the Inner Temple, and that the Sub-Treasurer should communicate this opinion to the Treasurer of the Middle Temple. Report confirmed. Grand Day this term to be Thursday, 14thNovember. BENCH TABLE

Nov. 12

Present Sir Charles Wetherell, Mr.Harrison, Sir Frederick Pollock, Mr. Twiss, Mr. Joy, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Wyatt and Mr. Dowdeswell. Ordered on the Report of the Committee that the Sub-Treasurer do send a copy of the following letter to the Society's Solicitor upon the subject of the Alienation Office Building and premises, viz.: [Dated] 11thNovember 1839, "1 am directed by the Masters of the Bench of this Society to request you will inform the Solicitors to the Commissioners of Her Majesty's Woods etc., in reply to their letter of the 31 July last, that the Benchers, in order to bring the matter to a close, agree to refer the valuation of the Alienation Office Building and premises in the manner and upon the terms proposed in the letter of the late Sir Benijamin C. Stephenson, of the 6th March 1838, and their letter of Ili' July last, to the decision of two out of three surveyors, one to be nominated by the Board of Woods, another by the Benchers of this Society and the third by the two first nominated Top part of page illegible 127


1839 MICHAELMAS

TERM (Cont'd.)

Mr. William Smyth, a student, to have permission to practise as a Special Pleader extended for one year. Charles Constable Esq., a barrister, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. Joseph Philips, a student, to have permission to practise as a Special Pleader extended for one year. PARLIAMENT Nov. 15

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Rogers, Mr. Evans and Mr. Dowdeswell. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last Easter and Trinity vacations. Mr. Wyatt and Mr. Rogers, according to BTO 11 Jun 1839, reporting on viewing the chambers situate up two pair of stairs north in the second staircase at No. 4 King's Bench Buildings, held upon the life of Mr. Robert Gray, aged forty nine years in November last, and desiring to be disadmitted: ordered that Alfred Hervey, Esq., commonly called Lord Alfred Hervey, a member of this Society and aged twenty two years on the 25th Jun last, to be admitted in and to the said chamber for his own life, paying for his fine £160 and for his admittance 40s. BENCH TABLE

Nov. 15

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Rogers, Mr. Evans and Mr. Dowdeswell. Mr. Robert Gore, a student, to have permission to practise as a Special Pleader extended for one year. Ordered that an additional waiter be appointed at the Bench Table. BENCH TABLE

Nov. 19

Present The Treasurer, Sir Charles Wetherell, Sir Frederick Pollock, Mr. Twiss, Mr. Courtenay, Mr. Holt, Mr. Thesiger, Mr. Spence, Mr. Burge, Mr.Platt, Mr.Starkie, Mr.Chilton, Mr. Evans and Mr.Wyatt. Mr. John Nodes Dickinson, a student, to have permission to practise as a Special Pleader extended for one year. 128


1839 MICHAELMAS TERM (Cont'd.) Ordered at the request of the Treasurer, that William Crick be appointed waiter at the Bench Table (BTO 15 Nov). Sarah Dollery, widow of John Dollery, formerly Under-Porter, having [petitioned for relief. Given ÂŁ20 as a gratuity, and ÂŁ5 Is. 9d., the amount of the funeral expenses, to be paid by the Society, BTO Index fol.137]. PARLIAMENT7 Nov. 22

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Plan, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Wyatt and Mr. Dowdeswell. Messrs. Edward Platt, William Atherton, John Edward Panter, Stephen Charles Denison, John Williamson Fulton, James William Macdonald, William Webster Watson, William Forsyth, George Goodin Moulton Barrett, George Tickell, George Wilkin, Richard Ford, junior, James Plaisted Wilde, Robert Thorp, George Taylor and John Edward Giles, called to the Bar. Ordered that the following gentlemen be a Committee for the consideration and regulation of all matters relating jointly to this Society and the Middle Temple: the present Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, The Rt. Hon. Lord Langdale, Sir Frederick Pollock, Mr. Holt, Sir Alexander Croke, Sir Robert Baker, Mr. Wyatt, Mr. Minshull, Mr. Courtenay, Mr. Spence, Mr. Burge, Mr. Dowdeswell and Mr. Law. Henry Hall Joy, Esq., to be Master of the Library and Reader of this Society for the next Lent vacation. Francis Ludlow Holt, Esq., to be Treasurer of this Society for the ensuing year. Ordered that Sir Thomas Coltman, one of the judges of Her Majesty's Court of Common Pleas, aged sixty five years on the 9th June last, having by surrender desired to be disadmitted of and from all that chamber situate on the ground floor north at No. 9 King's Bench Walk, together with the area chambers north under the same and the cellars below (formerly known as ground chamber south in the second staircase in Serjeant Hampson's Buildings with the kitchen and other conveniences thereunto belonging) and that Mr. Francis Joseph

Reference to this Parliament is incorrectly placed in the BTO Book. "Parliament - copy proceedings of Parliament-, without the usual phrases of "adjournment and resumption of the Table until after the Parliament-, is inserted after the entry relating to the nomination of the Office of Treasurer. 7

129


1839 MICHAELMAS

TERM (Cont'd.)

Coltman, a member of this Society aged fifteen years on the day of last may be thereof admitted for his own life in pursuant to BTO 10 Aug 1836, having paid into the Treasury of this Society two thirds of the expense incurred in rebuilding the same and for his admittance 40s. BENCH TABLE Nov. 22

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Cresswell, Mr. Burge, Mr. Platt, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Wyatt and Mr. Dowdeswell. It having been moved and seconded that George Rowland Minshull, Esq., the next in succession, not having conformed to the Rules of the Society necessary to qualify him for serving the Office of Treasurer: resolved that the next Bencher in course of seniority is the next by the Rules of the Society in nomination to the Office of Treasurer. Letter of the Professional Singers at thc Temple Church, datcd Nov. 21't 1839, read as follows: "The members of the Top part qif page illegible

quarter ending March 25th 1839, the Middle Temple an advance of seven shillings and sixpence to each salary and at the quarter ending Jun. 24th 1839, a further sum of five shillings, making ÂŁ3 5s. Od. instead of the original salary of ÂŁ2 12s. 6d. As it was understood that each Society paid the same amount, they humbly hope that the Society of the Inner Temple will allow the same sum, and the arrears from the above dates.Ordered that their request be complied with, subject to such terms as shall be imposed by a Committee to consist of the following gentlemen: the Treasurer, Sir George Rose, Sir Frederick Pollock, Mr. Burge, Mr. Spence and Mr. Rogers. BENCH TABLE Nov. 26

Present Sir Charles Wetherell, Sir Frederick Pollock, Mr. Twiss, Mr. Courtenay, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Chilton, Mr. Evans and Mr. Wyatt.

The corrected but incomplete pencil version is given in the text above. The original and crossed out version in thc Acts of Parliament is for the disadmittanee of Mr. William Money, aged thirty years, from the chamber on the ground floor south at No. 9 King's Bench Walk, and the admittance to the said chamber of Mr. Idward John Donne, aged twenty on 25'h September last.

130


1839 MICHAELMAS TERM (Cont'd.) Mr. Charles Winston, a student, to have permission to practise as a Special Pleader extended for one year. Business adjourned to Wednesday, 4` December. BENCH TABLE Dec. 4

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Evans, Sir Edward Hyde East, Mr. Wyatt and Mr. Dowdeswell. Mr. John Lowndes and Mr. T. Kingdon Kingdon, students, to have permission to practise as Special Pleaders extended for one year. Letter of Mr. Reeves, Ward Clerk of Farringdon Without in the City of London, from 5 Furnival's Inn, dated, -December 1839", read as follows: "I am requested by the Alderman and Common Council of the Ward of Farringdon Without Top part of page illegible within an adjoining to of the said ward to carry out the intentions of the legislation in a manner as possible to the several places over which such duty as little extends, they have directed me to apply to you requesting that I may be furnished at your earliest convenience with the names and necessary particulars of the parties rateable in the Inner Temple to enable them to make out the proper assessment." Ordered that the question be referred to a Committee of the whole Bench and that five be a quorum. Business adjourned to Monday, 9th instant. BENCH TABLE

Dec. 9

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir Frederick Pollock, Mr. Twiss, Mr. Courtenay Top part qr.page illegible Business adjourned to Friday, 13thinstant. BENCH TABLE

Dec. 13

Present The Treasurer, Mr. Twiss, Mr. Holt, Mr. Courtenay, , Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Thesiger, Mr. Mr. Evans, Mr. Richards and Mr. Wyatt.

131


1839 MICHAELMAS

TERM (Cont'd.)

The following Report read from the Committee appointed to take into consideration the letter received from Mr. Reeves, the Ward Clerk of Farringdon Without, upon the subject of the Act lately passed for regulation of the police of the City of London, viz.: [Dated] Tuesday, 10th December 1839 " The Committee appointed to take into consideration the subject of a letter received from the Ward Clerk of Farringdon Without in the City of London, calling the attention of the Bench to the Act lately passed for the regulation of the Police of the City of London, and requesting that he might be furnished with the names, and necessary particulars of the parties rateable in the Inner Temple, to enable the Alderman and Common Council of the said Ward, to make out the proper assessment for that purpose, have to report to the Bench, that they have had several meetings and attentively considered the matter referred to them, and are of opinion that altho[ugh] the Inner Temple is not within the Liberties of the City of London, and the Society have formerly, on several occasions, successfully resisted attempts on the part of the City to deal with it as being within the Liberties thereof, yet under the 59th section of the Act 2 & 3 Victoria, c. 44, the Inner Temple being a precinct or place adjoining the City of London, or the Liberties thereof, and not expressly included in the Metropolitan Police Act 1 & 2 Victoria, is for the purposes of the City Police Act only deemed to be part of the Ward of Farringdon Without, being the Ward next adjoining the same, and consequently rateable under the provisions of that Act towards defraying the expense of the Police of the City of London, in which opinion it appears that the Hon. Society of the Middle Temple concur. The Committee therefore recommend to the Bench, that no steps should be taken to oppose the rating of the Inner Temple, but for many reasons the Committee think it would be advantageous that thc Society of the Inner Temple should be rated for, or at least pay, the whole rate of the House. In this opinion the Society of the Middle Temple also concur and the Committee therefore recommend that arrangements should be made with the owners and occupiers of chambers not belonging to thc Bench, to bear a fair proportion of such rate. The Committee further report to the Bench, that at a conference with a deputation from the Hon. Society of the Middle Temple, it was the opinion of all the members present that it is competent for the Societies of both Houses to exclude the City Police from discharging the ordinary duties of watching within the Temple, the terms of the City Police Act not giving any special authority in that respect, and that independently of some such special authority, the Societies as in the case of private individuals, have a right (except upon extraordinary occasions) to exclude foreign aid, and employ their own Watchmen, and that it was desirable that they would be so excluded. The 132


1839 MICHAELMAS TERM (Cont'd.) Committee therefore as at present advised, recommend that the Police appointed under the Act should not be admitted into the Inner Temple, but that the Society should retain and pay their own Watch Establishment as heretofore, but to enable the Bench to come to a satisfactory determination on this point, the Committee have directed the Sub-Treasurer to furnish such materials as will enable the Bench to form a judgement as to the amount of the rate likely to be imposed under the City Police Act, together with an account of what is the annual expense to the Society of their present Watch Establishment. The Committee also recommend that in the first instance the following letter should be sent to the Ward Clerk of Farringdon Without, in reply to his communication first above referred to." "Sir, In reply to your letter addressed to this House, I am directed by the Treasurer and Masters of the Bench to acquaint you that, from the peculiar constitution of this Society and the nature of the occupation of the chambers therein, they are not capable of furnishing you with all the details you require. It has occurred to the Bench that it might be advisable, if proper arrangements could be made with the concurrence of all parties interested for that purpose, that the House should be the party rated or at least the party to pay the rate, and I should be glad to communicate with you on the subject. The Society will furnish to you every information in their power to enable you to ascertain the value of the property to be rated."9 Ordered that the Report be confirmed. [Business adjourned to Tuesday, 17th instant, BTO Index fol. 349]. BENCH TABLE Dec. 17

Present The Treasurer, Mr. Harrison, Mr. Twiss, Mr. Courtenay, and Mr. Wyatt. Mr. Burge, Mr. Spence, Mr. Starkie, Ordered that a letter under the direction of the Committee be addressed by the Under-Treasurer to the parties interested in the private chambers of this House on the steps taken by the Bench in reference to the new City Police Act.") Ordered that no vacancy be supplied in the Watch Establishment of the House without an Order made at the Bench Table.

Additional material from WAT•.5:1-2 (Papers conceminu the ('ity Police 1839-58). 1) Note in margin, "The Committee thought it sensible that no letter should bc sent.-

9

133


1839 MICHAELMAS

TERM (Cont'd.)

Business adjourned to Monday, 23rd instant. BENCH TABLE Dec. 23

Present The Treasurer, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Thesiger and Mr. Spence. Reports read of the Committee appointed to take into Top part of page illegible

[Dated] Thursday 19th December 1839 Meeting of the Committee upon the [matter] of the City Police. Present Mr. Wyatt, Sir George Rose, Mr. Twiss, Mr. Courtenay, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie and Mr. Rogers. "The Committee recommend to the Bench that the rate to be assessed under the City Police Act should be borne by the occupiers of the Society's chambers as well as by the occupiers of the chambers belonging to the Benchers and to private individuals. The Committee likewise recommend that the Sub-Treasurer should send to the Ward Clerk of the Ward of Farringdon Without, as requested by his letter of December instant, an account of the rent of each set of chambers belonging to the Society and to the Benchers, as the same would stand after deducting 25 per cent for repairs, insurance etc. and also that the Sub-Treasurer should send to the Ward Clerk the best estimate he can make of the annual value of all private chambers held under the Society, as the same would stand after making a like deduction of E25 per cent for repairs, insurance, etc. [Dated] Monday [23'd December 1839] Top part of page illegible

Present Mr. Rogers.

Mr. Twiss, Mr. Spence,

"The Committee of this day [informing] the Bench that although by the introduction of the City Police into the Inner Temple, the Society could make a considerable reduction in the expense of their Watch Establishment, they think it very desirable for many reasons affecting the privileges of this House that the Police should be excluded from pertbrming the ordinary duties within the Inner Temple and as thc City Police Act 2 & 3 Victoria c. 44 gives no special authority to the Commissioners to three the police upon the premises of this House, the Committee are of opinion they should be so excluded."

134


1839 MICHAELMAS TERM (Cont'd.) Resolved that the Report of the Committee be confirmed. Ordered that the three New Buildings at Paper Buildings, namely No. 13, No. 14 and the South Wing be insured from damage or loss by fire in the Guardian Office in the name of the Treasurer for the sum of' ÂŁ6000 each for one year. Top part of page illegible

of Police Rate which may be levied on any occupier of chambers held of the Society, be allowed by the Society to such occupier in the payment of his rent.


CARVED OAK ELBOWS T 0 SEATS. TEMPLE CHURCH LONDO1S.T.. Holborn. April1.11.841. London..Joh& Woalo,59. .H1'91t

Ii

E,sexJul!.

PLATE 3 Carved oak elbow to stall seats, depicting Pegasus, the flying horse, the armorial device of the Inner Temple, drawing by R.H. Essex, 1842


1840

FRANCIS LUDLOW HOLT, ESQUIRE

TRE ASURER

1 January to 31 December 1840

MASTERS OF THE BENCH attending Bench Table and Parliament

Sir Charles Wetherell, Mr. William Harrison, Esquire, Sir George Rose, Sir William Webb Follett, Sir Jonathan Frederick Pollock, Sir Edward Hyde East, Baronet, Horace Twiss, Esquire, The Hon. Charles Ewan Law, Henry Hall Joy, Philip Courtenay, Frederick Thesiger, William Erle, Cresswell Cresswell, Richard Preston, William Burge, George Spence, Thomas Starkie, Thomas Joshua Platt, Francis James Newman Rogers, George Chilton, John Evans, Robert Vaughan Richards, Griffith Richards, Robert Baynes Armstrong, David Dundas, John Wyatt, John Edmund Dowdeswell, John Hardy, Esquires and Sir John Beckett.

136


1840

HILARY TERM

BENCH TABLE Jan. 14

Present The Treasurer, Mr. Harrison, Sir Frederick Pollock, Mr. Twiss, Mr. Joy, Mr. Cresswell, Mr. Burge, Mr. Starkie, Mr.Evans, Mr. Wyatt and Mr. Dowdeswell. Mr. Robert Edward Turner,' a student, to have permission to practise as a Special Pleader extended for one year. Mr. Thomas Edlyne Tomlins, a solicitor, being engaged to edit a corrected text of "Littleton's Tenures in French and English", ordered that he be permitted to have access to the Library of this Society for that purpose for six months during the usual hours. Letter of Mr. Henry Woodthorpe, the Town Clerk of the City of London, from the Guildhall, dated January 1840, read as follows: "The Committee appointed under the authority Top part

of page illegible

as they are most The Committee further duty in the manner most agreeable anxious to deemed desirable, have much authorities of the Temple they pleasure in conferring with those gentlemen upon the subject. The Police arrangements for the whole [City] are committed and management of the Commission who by the Act to the is empowered to provide an adequate force for the efficient protection of the person and property of the inhabitants in every part of the entire District. In all matters relating to these arrangements the Committee take leave to refer the authorities to Mr. Harvey, the Commissioner at the City Police Establishment, Guildhall Yard." Ordered that the following gentlemen be a Committee to arrange all matters relating to the City Police Act with the Commissioners: the Recorder, Mr. Thesiger, Mr. Erle, Top part 4page

illegible

Grand Day this term to be Wednesday, 22nd instant. Mr. Burge giving notice of motion for Tuesday next, the 28`11instant, "that the Bench do take into consideration the propriety of limiting the number of Masters of whom the Bench should hereafter consist, and

I Admitted ADM/4/I1).

under the name Richard kdward Turner, 2611'January 1833 (Admission

137

Stamp Duty Book,


1840

HILARY TERM (Cont'd.) that those gentlemen who may hereafter from rank be in a situation to be elected, and shall be elected to the Bench, do thereupon become Benchers elect and succeed as Benchers when vacancies Occur in the number limited.— BENCH TABLE Jan. 17

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Joy, Mr. Burge, Mr. Spence, Mr. Starkic, Mr. R. Richards and Mr. Wyatt. The thanks of the [Society to be conveyed by the Sub-Treasurer, 13TO Index fol. 257] to Robert Thorpe, Esq., a barrister of this Society, for his present to the Library of a copy of his pamphlet, entitled, "Practical Conservatism, its Nature and Uses-. Top part of page illegible

Letter from Sir Charles Frederick Williams, Treasurer of Lincoln's Inn, and result of the case of and documents read regarding the William Cheek Bousfield. late a barrister of Lincoln's Inn, tbr which proceedings have recently engaged mature and anxious considerations of the Benchers of that Society, was read to the Bench: "At a Special Council there [Lincoln's Inn] held, the 19t1 December 1839. Present

Sir Charles Frederick Williams, Rt. Hon. Lord Bexley,

Top part of page illegible

William Henry Tinney, Thomas Messrs Pemberton, James Lewis Knight Bruce, John Augustus F. Simpkinson, Clement T. Swanston, Daniel Wakefield, Walker Skirrow, Christopher Temple, John Miller, Edward Jacob, William G. Hayter and John Stuart. To take into further consideration the case of William Cheek Bousfield, a barrister of this Society. It having been represented by a Master of thc Bench that he had been informed that William Cheek Bousfield, a barrister of this Society, had been remanded by the Commissioners of Top part of page illegible

an authenticated certificate and such other information with regard thereto as the records of the Insolvent Debtors Court may afford, and a copy of the Order of Adjudication of the Court of the said Commissioners bearing the date, the 12thday of May 1838, in the matter of the petition of the said William Cheek Bousfield having been procured and laid before the Masters of the Bench at a Council held on

2

Same motion

withdrawn

on 28th instant, written

into the margin

138

of 13TO Book, [13TO Index fol. 271.


1840 FIILARY TERM (Cont'd.) 18th June last, and the Masters of the Bench having been further informed that the said William Cheek Bousfield was one of the trustees in the marriage of Marston Buszard of Lutterworth in the County of Leicester, surgeon, and Top part of page illegible lent the said Marston Buszard, and that £2,500 or £3,000 would be wanted and that in consequence of such information a correspondence took place between the said William Cheek Bousfield and Marston Buszard respecting such advance, in which correspondence it was proposed that the said Marston Buszard should make an immediate advance of £2,000 out of his own monies on the security of the title deeds of three estates belonging to a Mr. Capper, the person who required such advance, and that the said Marston Buszard should be repaid such sum of £2,000 on or before the 20th day of November 1837 when £3,000 of the money, the subject of the said settlement, was to be lent the said Mr. Capper on the security of a mortgage of such estates, and that during such correspondence the said William Cheek Bousfield on the 12thday Top part of page illegible ..... him and that the said Marston Buszard might safely to such reply In directly. the said William Cheek Bousfield the £2,000 letter the said Marston Buszard wrote to the said William Cheek Bousfield a letter stating that when the said William Cheek Bousfield should assure the said Marston Buszard that the said William Cheek Bousfield had a lien on the deeds equivalent to a mortgage and that the security was good and the property sufficiently ample, he would advance the money immediately, adding in such letter that he would not run the slightest risk if he knew it and that the said William Cheek Bousfield Top part of page illegible Marston Buszard a letter

as follows:

"I answer, first, that I had on Monday the 4th instant, and still have a lien on the deeds equivalent to a mortgage. Secondly I am quite sure of the title being good and thirdly, I am equally sure that the property is perfectly ample, now are you satisfied? And that in the result, the said Marston Buszard remitted the said William Cheek Bousfield a cheque on Messrs. Williams & Co., dated the 18thday of September 1837 for £2,000, which sum the said William Cheek Bousfield received On that day, and instead of paying such sum of £2,000 to the said Mr. Capper he, the said William Cheek Bousfield, on the same day applied £1,999 9s. 6d. part thereof to his own use and never paid such sum of £2,000 or any part thereof to the said Mr. Capper, and that about four months afterwards the said William Cheek Bousfield became a prisoner for debt in the Fleet Prison and on the 25th

139


1840 HILARY TERM (Cont'd.) Top part of page illegible

the the said sum of £2,000 and improperly money lent to him by the said Marston Buszard and the Masters of the that in the month of September the said Bench having been also William Cheek Bousfield had received a sum of £2,000 from the executors of the late Lord Huntingtower under a power of attorney from Messrs. Goodacre and others, and had concealed such receipts from the said Messrs. Goodacre and others, and had without any authority applied the whole of such sum of £2,000 to his own use, and it appearing to the Masters of the Bench from an authenticated copy of the Adjudication of the Court for the Relief of Insolvent Debtors in England, dated the 12thday of May 1838, made in the matter of the said William Cheek Bousfield, that in respect of the said sums of £2,000 and £2,000 the said William Cheek Bousfield had been adjudged by reason of such Top part of page illegible

at the suit of the said soon as he should have or either of them, Buszard, Marston and others, and Messrs. Goodacre for sixteen calendar months from 7th February 1838, being the time of filing his petition in that Court, and that he should be confined within the walls of the said prison, and not within any rules or liberties thereof, and it having been at a Council held on the 4th day of July 1838, ordered that the consideration of the case should be adjourned to the Council to be held on the first day of the then next Michaelmas term at six o'clock in the evening when it would be taken into consideration whether the said William Cheek Bousfield ought or ought not to be forthwith disbarred, and that a copy of that Order should be given to the said William Cheek Bousfield with notice that he would be required at such Council to show cause why he should not be disbarred. Top part of page illegible

or his Counsel or Agent he would be at liberty adduce any evidence he to . why he should not be , the same matter having been might have in support of such several times adjourned and a special Council held on the 18thday of June 1839, to take into consideration the case of the said William Cheek Bousfield. Mr. Bousfield having appeared and protested against the jurisdiction of the Bench, and under such protest requested that the consideration of the matter should be adjourned to the first day of the then next term, and upon his understanding not to practise at the Bar in the meantime, such application having been complied with, and the said matter having been afterwards again adjourned at the request of Mr. Bousfield unto Top part of page illegible

also heard, and Mr. Bousfield having been permitted to give in evidence his own cash book and also a letter from his banker, dated 18thNovember 1839, but not having brought forward any other evidence and Mr. Bousfield and his Counsel not having disputed the 140


1840 HILARY TERM (Cont'd.) accuracy of the information hereinbefore stated to have been obtained by the Masters of the Bench but having alleged that the said information did not contain the whole truth of the case and the said matter having on the last of such days been adjourned to this day and the said William Cheek Bousfield not having sufficient cause to the contrary. It is now ordered that the Call to the Bar of the said William Cheek Bousfield in this House be forthwith vacated and that he be disbarred and expelled from this Society. It is Top part qf page illegible [ordered that the following be informed:] The Masters of the Bench, the Vice-Chancellor of [the] Exchequer, the Lord Chief Justice of Common Pleas, the Lord Chief Baron of the Court of Exchequer, the ChiefJustice of the Court of Review, the Judges of the several Courts at Westminster Hall, and of the Court of Review and the Treasurers of the respective Inns of Court. [signed]

a copy T. Lanc Steward "

Mr. Burge giving notice of motion for Tuesday next, the 21" instant, "that one or more of the Masters of the Bench be appointed in conjunction with the Middle Temple, to superintend and regulate all matters relating to the keeping in proper order, warming etc. and the attendance of the appointed servants at the Temple Church". BENCH TABLE Jan. 21

Top part of page illegible [Present] Mr. G. Richards and Mr. Wyatt. Report read from the Committee appointed to arrange all the matters relating to the Act lately passed for the regulation of the Police of the City of London, so far as the same regards this Society, as follows: "Parliament Chamber

Tuesday 21 January 1840

Present The Treasurer, Mr. Law, Mr. Burge, Mr. Spence, Mr. Starkie and Mr. Evans. The Committee recommend that the following letter should be sent by the Sub-Treasurer to Mr. Woodthorpe, the Town Clerk of the City of London, in answer to his letter of the 211dinstant:

141


I 840 HILARY TERM (Cont'd.) "Sir, I have laid your letter of the 2nd instant before the Masters of the Bench of this Society and in reply I beg to inform you that the Benchers have come to a Resolution to retain their own Watch Establishment as heretofore, which has been found Top part of page illegible a I have forwarded [to the Ward Clerk]3 of Farringdon Without premises within to his request statement of the [this Inn together with] the net annual value thereof, for the that purpose of enabling the [proper authorities] to make the rate. But [the Bench] submit to the Committee that as much as they take upon themselves the entire watching and police of the Inner Temple, the Committee will make them an allowance out of the rate assessed upon the Inn towards defraying a portion of the expenses attending the same." Ordered that the Report be adopted. Mr. Burge having moved that one or more of the Masters of the Bench be appointed in conjunction with the Middle Temple to superintend and regulate all matters relating to the keeping in proper order, warming etc. and the attendance of the appointed servants at the Temple Church. It is ordered that Mr. Burge, Mr. Spence and Mr. Wyatt be appointed for that purpose, and to be called 'Deans of the Inner Temple Church'.4 Ordered that Mr. Starkie be added to the Library Committee. PARLIAMENT Jan. 24

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Sir Frederick Pollock, Mr. Law, Mr. Joy, Mr. Preston, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Wyatt and Mr. Dowdeswell. Parliament dissolved. BENCH TABLE

Jan. 24

3 4

Top part of page illegible [Present] Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Wyatt and Mr. Dowdeswell.

See BTO 26 Feb 1840 below, for a more complete account. Chosen to supervise the necessary repairs of the Inner Temple side of the Temple Church.

142


1840

HILARY TERM (Cont'd.) Mr. Robert Jones, a student, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. The thanks of the Society to be conveyed by the Sub-Treasurer to Samuel Warren, Esq., a barrister of this Society, for his present to the Library of a copy of his pamphlet, entitled, "The Opium Question". Report from the Library Committee read, concerning the letter of the Librarian referred Top part of page illegible

[as to certain articles of furniture to be supplied to the Library, BTO Index fol. 2571 the Bench that in future The Committee in the Library. The [The Times] newspaper should be bound this particular paper in consideration of the Society Committee Library several years anterior publication of it. having already Ordered that the Report be confirmed. BENCH TABLE Jan. 28

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Harrison, Sir Frederick Pollock, Mr. Law, Mr. Courtenay, Mr Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. R. Richards, Mr. G. Richards, Mr. Wyatt and Mr. Dowdeswell. Mr. Thomas J. Mazzinghi, a student, to have permission to practise as a Special Pleader extended for one year. Letter of Conway E. Dobbs, Esq., Under-Treasurer Dublin, dated 24 January 1840, read as tbllows:

of King's Inns

"Sir, As the facility is now so great in being admitted to the Irish Bar, and as sonic gentlemen keep the same term here and in one of the Inns of Court in London, which is contrary to the Rules of this Society and as I have no means of discovering it, I shall be much obliged if you will in future when giving a certificate have the goodness to note in the margin of the certificate the name of each particular term kept that I may compare them with my hooks and put a stop to this practice." Ordered for the future that the Sub-Treasurer do specify the particular terms kept in the certificate.

143


1840 HILARYTERM (Cont'd.) Top part of page illegible

[Evening newspapersdiscontinued.Treasurerto orderone whenever he thinks proper,BTO Index fol. 327]. Mr. Wyatt giving notice of motion for the first business day of the next term, "thatthere be a Call to the Bench from the OuterBar." PARLIAMENT Jan. 31

Present The Treasurer,Sir CharlesWetherell,Sir George Rose, Mr. Twiss, Mr. Joy, Mr. Courtenay,Mr. Thesiger, Mr Cresswell, Mr. Preston, Mr. Spence, Mr. Burge, Mr. Starkie,Mr. Chilton, Mr. Evans, and Mr. Wyatt. Messrs. John Kirkpatrick,James GordonHay, George Alexander Hoskins and John Coke Fowler, called to the Bar. Orderedthat the Rt. Hon. LordAbinger, Sir George Rose and the Hon. CharlesEwan Law, be requestedto execute a power of attorney empowering FrancisGosling, RobertGosling, RichardGosling and BennettGosling of Fleet Street,bankers,and JohnCharlesSharpe, of Fleet Street,gentleman,to transferand sell out two thousand pounds of Bank Stock, standingin the names of Joseph Jekyll, Esq., deceased, the Rt. Hon. LordAbinger, Sir George Rose and the Hon. Charles Ewan Law, in trustfor this Society for the use thereof. BENCH TABLE

Jan. 31

Present The Treasurer,Sir CharlesWetherell,Sir George Rose, Mr. Twiss, Mr. Joy, Mr. Courtenay,Mr. Thesiger, Mr Cresswell, Mr. Preston,Mr. Burge, Mr. Spence, Mr. Starkie,Mr. Chilton, Mr. Evans, and Mr. Wyatt. The Sub-Treasurer reporting that the allowance of fifty pounds for one year, for the board, lodging Top part of page illegible

[etc. of Henryand AureliaGardner,to be continuedfor anotheryear, BTO Index fol. 137]. The Sub-Treasureralso reportingthatJohnGardner,the youngest son of the late Sub-Treasurer, whom the Society had placed in the St. Ann's Society Schools in November 1833, had left that establishment and been placed in a situation at 5s. a week, and that he is now living with his brother James. the Clerk in the Office. Ordered that he be allowed 7s. a week by the Society towards his maintenance for one year:

Entercd in margin. "Left

hool 30d' No% . 1204. Allov.ance

144

to commence

from thence-.


1840 HILARY TERM (Cont'd.) Petition heard from Jasper Blandford, late Under-Cook, who receives a pension from the Society of ÂŁ30 per annum, stating that his infirmities had very much increased and that his allowance was not sufficient for his support. Ordered that his pension be increased ten pounds per annum from Christmas Day last. Ordered that there be a dinner given to the Members of this Society in the Hall on the day of Her Majesty's Marriage and that those gentlemen desirous of being present at such dinner do send Top part of page illegible Ordered that Mr. Courtenay, Mr. Burge, Mr. Spence and Mr. Wyatt be a Committee, to arrange all the details of the dinner. Business adjourned to Wednesday 12t1iFebruary next. BENCH TABLE Feb. 12

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Burge, Mr. Starkie, Mr. Chilton, Mr. Evans and Mr. Wyatt. The Sub-Treasurer reporting that Mr. William J. Lawson died in December last, and that by his death a set of chambers, situate on the ground floor at No. 7 King's Bench Walk, had devolved to the House: ordered that the Treasurer and Mr. Wyatt to view the same and report the annual value thereof. Top part of page illegible [Consideration of the memorial of] the Society of Attorneys, Solicitors, Proctors and others, [and Resolution thereon, BTO Index fol. 48]. Business adjourned to Wednesday next, 19th instant. BENCH TABLE

Feb. 19

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Courtenay, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Evans and Mr. Wyatt. Mr. Herbert Broom, a student, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. The thanks of the Society to be conveyed by the Sub-Treasurer to Francis Newman Rogers, Esq., one of the Masters of the Bench, for his present to the Library of a copy of his work, entitled, "A Practical Arrangement of Ecclesiastical Law". Top part of page illegible [The thanks of the Society to be conveyed by the Sub-Treasurer to 145


1840 HILARY TERM (Cont'd.) Mr. Robert Lush, for his present to the Library of a copy of his work, entitled, "The Practice of the Superior Courts of Law at Westminster", BTO Index fol. 257]. Mr. Wyatt giving notice of motion for the first business day of the next term, "that it is not [expected] with reference to the due application of the funds of this Society to commemorate public events by dinners out of term".6 Mr. Starkie giving notice of motion for the first business day of the next term, "that the Bench do inquire into all the circumstances attending the dinner given in the Hall and Library on the day of Her Majesty's marriage": Business adjourned to Wednesday next, 26th instant. BENCH TABLE Feb. 26

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Courtenay, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Rogers, Mr. Chilton, Mr. Evans and Mr. Wyatt. The thanks of the Society to be conveyed by the Sub-Treasurer to Mr. Edwin W. Field, [for his present to the Library of a copy of his work, entitled, "Observations of a Solicitor on Defects in the Offices, Practice and System of Costs of the Equity Courts", BTO Index fol. 257]. The Sub-Treasurer, Edward H. Martin, Esq., reporting that on Friday afternoon, 21'` instant, he received the following letter from Mr. Woodthorpe, the Town Clerk of the City of London: Dated 21'` February 1840 "Sir, I am directed to request the favour of your attendance upon the Police Committee at Guildhall, tomorrow, Saturday the 22'd instant, at twelve o'clock precisely, on the subject of your letter of the 22nd January last." Copy of the letter of 22nd January therein referred to, from the Treasurer's Office, Inner Temple:

In the margin, "postponed - sec Minutes 24 April 1840". In the margin, "postponed see Minutes 24 April 1840".

146


1840 HILARY TERM (Cont'd.) "Sir, I have laid your letter of the 2" instant before the Masters of the Bench of this Society, and in reply I beg to inform you that the Benchers have come to a Resolution Top part of page illegible I have forwarded [to the Ward Clerk oll9 of Farringdon Without a statement of the [several premises within this Inn] together with the [net annual value] thereof, for the purpose of enabling the proper authorities to make the [rate]. But the Bench submit to the Committee, that as much as they take upon themselves the entire watching and police of the Inner Temple, the Committee will make them an allowance out of the rate assessed upon the Inn towards defraying a portion of the expenses attending the same." The Sub-Treasurer reported that, with the sanction of Mr. Wyatt, he attended the Committee and was informed by the Chairman that the Committee had taken his letter of 221ldJanuary into their consideration. With reference to the first point therein, viz. "that the Benchers decline the admission of Top part of page illegible [With respect to the second matter,] a statement of the several premises within the Inner Temple together with the net annual value of the same, had been sent to the Ward Clerk of Farringdon Without for the purpose of enabling the rate to be made, the Committee would at once adopt that statement and act upon it at last for a year or two. With respect to the third matter contained in the letter, that the Committee should make an allowance out of the rate to be assessed upon the Inn towards defraying a portion of the expense of the Society's present Watch Establishment, the Committee were of opinion that that subject also required their further consideration. The Sub-Treasurer then requested to be informed whether in the case [that the] Committee came to the determination of sending the City Police into the Inner Temple, they would beffire doing so, communicate such their intention to the Benchers, and was answered by the Chairman that most certainly the Committee would, [and] that the Committee were anxious to concede every thing they could by Law to the Benchers, and wished to act with every courtesy towards them. Ordered that the Report be confirmed.

9

"rhis refCrs to the Temple wishing to retain their own Watch [stablishment. Missing passages in brackets, in part from KW 2 1 Jan 1840.

147


1840 HILARY TERM (Cont'd.) BENCH TABLE Mar. 11

Present Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Wyatt and Mr. Dowdeswell. The thanks of the Society to be conveyed by the Sub-Treasurer to James J. Hardy, Esq., for his present to the Library of a copy of his work, entitled, "Introductory Lecture on the Law of Property delivered at the Royal Dublin Society". The thanks of the Society to be conveyed by the Sub-Treasurer to James Logan, Esq., advocate, for his present to the Library of the first part of his work, entitled, "Compendium of the Laws of England, Scotland and Ancient Rome". Business adjourned to Wednesday next, 18th instant. BENCH TABLE

Mar. 18

Top part of page illegible

[Present] Mr. Wyatt and Mr. Dowdeswell.

Mr. Spence,

Mr. Burge giving notice of motion for the first business day of the next term, "that the Bench do offer to the Government the use of the Hall of this Society for the sittings of one of the proposed new Equity Judges". Mr. Burge also giving notice of motion for the first business day of the next term, "that a conference be requested between the Standing Committee of the Honourable Society of the Middle Temple and the Standing Committee of this Society to take into consideration the Reports made in Trinity Term last by Sir Robert Smirke, the Architect of this Society, and Mr. Crosby, the Surveyor of the Middle Temple, upon the subject of repairing and cleansing the Temple Church and to propose that such repairs etc. should commence immediately after Trinity Term next, and that some plan should be adopted for the more effectually warming the Church". Top part of page illegible

31st January 1840 —the following letter was received from Robert to be Greene Bradley, Esq., the Treasurer of Gray's Inn, entered on the Books of this Society. Dated 28th January 1840 and addressed from the Pension Room, Gray's Inn:

148


1840 HILARY TERM (Cont'd.) "Sir, I have the honour to transmit to you the enclosed papers, being copies of the petition of Samuel Owen to the Judges, the certificate of the Benchers of Gray's Inn, and the Resolution of the Judges thereon." The petition of Samuel Owen of Elm Court, Temple, is dated 22°dFebruary, 1839.10 He was admitted a member of Gray's Inn in Michaelmas Term 1828, upon the usual certificate of character, signed by two barristers. For the last eight years he had practiced as a Conveyancer obtaining the necessary annually renewed certificates. On 13th November last, he was notified by the Bencher who had consented to support his application, that there were serious objections to his being called to the Bar, and his case was to be taken into consideration on 15th November. The petitioner attended, taking no notes of the occasion, but recalls the Treasurer's address to him that in the month of June 1828 he had received a sum of £90 from a Mr. Thomas Harris of Kingsbridge, Devon Top part ofpage illegible The petitioner instead of paying the same into the hands of the provisional assignee of the Court had paid the sum of £20 only to the assignee and that the balance of £70 was still unaccounted for. The Benchers adjourned the meeting for two days to allow an opportunity of the petitioner to meet the charge made against him. On 17th November, the petitioner produced evidence of the application of the said sum in question. The following day the petitioner received a letter from the steward of Gray's Inn to the effect that his application to be called to the Bar was to be considered at a later date. This took place on 23R1January when his application was rejected. The petitioner now requests to be informed on what ground or for what reason, his call to the Bar has been rejected and wishes to appeal. Further letter read from Robert Greene Bradley, Esq., Treasurer, Pension Room, Gray's Inn, dated 30th May 1839, addressed to: "The Rt. Hon. Thomas, Lord Denman, Lord Chief Justice of Her Majesty's Court of Queens Bench, the Rt. Hon. Sir Nicholas Conyngham Tindal, Lord Chief Justice of Her Majesty's Court of Common Pleas, the Rt. Hon. James Lord Abinger, Lord Chief Justice of Her Majesty's Court of Exchequer and the rest of the Hono[u]rable the Judges of the said Courts."

II

' I fere follows

a précis of this letter. For a full account see BTO Book, fols. 99v -I 12.

149


1840 HILARY TERM (Cont'd.) Regarding the appeal presented by Samuel Owen to the Judges, the Benchers of Gray's Inn being ordered to certify to the Lordships their objections to the petitioner's demand to be called to the Bar, the meeting to take place on Friday, 7'h June for hearing such appeal, do so as summarised below: "We found, moreover, that at the end of the month of May, 1828, and therefore after the filing of thc petition, [to] the said Edward Robins, the petitioner Mr. Owen went, as he alleges at the request of the Insolvent into Devonshire and made personal application to one Mr. Thomas Harris, who had been the attorney to the said insolvent Robins, and was then living at Kingsbridge in that County (the said Mr. Harris being indebted to the estate of the said insolvent, in a balance due upon the sale of the landed property and effects of the said insolvent, then before by him disposed of for the satisfaction of his, the said insolvent's creditors), for the payment of a sum of ÂŁ90 or thereabouts. That upon this application, the petitioner, Mr. Owen, told Mr. Harris, that this sum of ÂŁ90 must be paid into Court immediately. That Mr Harris acquired in the demand and that he thereupon paid to the Top part of page illegible as follows: from Harris the sum of ÂŁ89 12s. Od., "30th March received of Mr. being the balance due to the estate of E. Robins, an insolvent debtor now in the King's Bench. But it appeared in the course of our enquiries, that the date of the 30th March in the above receipt, is incorrect and that the check [sic] was received and the receipt given, on the 30th May 1828, and not on the 30th March. But we are uninformed whether this was a mistake on the part of the petitioner or how otherwise it occurred, observing only, March falls three days prior to the filing of the petition for that the 30111 the discharge on behalf of the insolvent, and that all sums received prior to that time were protected from the operation of the Act of Parliament and might therefore be lawfully paid over to the insolvent.The letter continues to list other discrepancies over the issues of payment.' I The Benchers felt that the circumstances in question were not explained to their satisfaction and that no Bencher considered himself justified in proposing his call, and on 23rdJanuary 1839, his petition was accordingly rejected. "The Benchers require their Lordships to determine: Firstly, whether the petitioner did or did not honestly pay the sum received from Mr. Harris into the hands of the Court to the account of the insolvent's estate. For full account see 13T0 Book, fols. 99' -112.

150


1840 HILARY TERM (Cont'd.) Top part of page illegible Secondly, whether so as to aid the insolvent was paid to him by Mr. Harris [on which month] and to have known not to have been strictly according to the fact. Thirdly, whether the petitioner did not by the non-accounting for the said sum of ÂŁ89 12s. Od. in the amended special balance sheet of 31st July 1828, as well as in the affidavit, aid and assist the insolvent in suppressing and concealing the receipt of the money from the Court and from his creditors. And generally, whether by declining on our part to call him to the Bar, we did or did not comply with the requirement of the Order of the Lord Keeper, Coventry, and all the Judges, contained in Dugdales's Origines Juridiciales, fols. 321 and 323, "That no man shall be called to the Bar, but fit and learned students of honest conversation, and well deserving of the same." Top part of page illegible the Treasurer and Masters of the Bench of Gray's Inn enclose the Resolution of the Judges on the petition of Mr. Samuel Owen." Resolution of the Judges: "Serjeant's Inn, Nov. 11th 1839 The Judges having considered the petition of Mr. Samuel Owen with his allegations and proofs and having also considered the answer thereto made by the Masters of the Bench of the Hon. Society of Gray's Inn, are of opinion that they ought not either to recommend them to call Mr. Owen to the Bar, or to make any Order therein."

151


1840 EASTER TERM

PARLIAMENT Apr. 14

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Evans, Mr. R. Richards and Mr. Wyatt. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last vacation. Ordered that Mr. Charles Platt, eldest son of Thomas Joshua Platt, Esq., at the request of his father, be specially admitted a member of this Society gratis as to the fee payable to this Society only. The Reverend William Way, clerk, of No. 9 Chandos Street, Cavendish Square, in the County of Middlesex, John Way, Esq., of Spaynes Hall in the parish of Great Yeldham, in the County of Essex, and Albert Way of the Inner Temple, gentleman, executors of the Reverend Lewis Way, formerly a barrister of this Society, deceased, has [sic] nominated and appointed the above named Albert Way, a member of this Society, aged thirty four years on 23r1 June last, to be admitted upon the assignment, in and to, all that chamber (late the said Lewis Way's) situate on the ground floor north, at No. 11 Paper Buildings (heretofore known by the name and description of a chamber, situate up the steps north, in the fourth staircase of Sir Robert Sawyer's Buildings and the vault thereunto belonging) and request and desire that the said Albert Way may be thereunto admitted for his own life thereupon. Ordered that the said Albert Way may be admitted in and to the said chamber, and the vault thereunto belonging, for his own life, paying the sum of five pounds for the same pursuant to former Acts of Parliament of this Society in such case made and provided. BENCH TABLE

Apr. 24

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Joy, Mr. Law, Mr. Courtenay, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Evans, Mr. Richards and Mr. Wyatt. Orders of the last term were read. The Sub-Treasurer reporting that Nathan Croke Wetherell, Esq., died on 19thFebruary last, and that by his death a set of chambers situate area south, at No. 11 Paper Buildings had devolved to the House. Also, that the Hon. Edward Perceval died on 17thMarch last, and that by his 152


1840 EASTER TERM (Cont'd.) death a set of chambers situate on the third floor, south, at No. 8 King's Bench Walk, had Top part qf page illegible

[devolved to the House. Also, that Felix Calvert Ladbroke, Esq., BTO Index fol. 121] had dicd on 14th and that by his death a set of chambers situate on the ground floor at No. 5 King's Bench Walk [together] with the area under the same had devolved to the House. Ordered that Mr. Wyatt and Mr. Courtenay do view all the before mentioned chambers and report the annual value thereof. Ralph Smith, Esq., a barrister, having paid all dues, to have his name withdrawn and his bond delivered up. Grand Day this term to be Wednesday, 29th instant. Grand Day next term to be Wednesday, 3rd June, and that all the Judges, formerly members of this Society, be invited to dine with the Masters of the Bench. Mr. Wyatt giving notice of motion, "that there be a call to the Bench from the Outer Bar": ordered that there be a call to the Bench from the Outer Bar this term, and that the gentlemen to be invited be balloted for on Tuesday ncxt, 28th instant, and the Masters of the Bench have notice thereof Mr. Burge giving notice of motion, "that the Bench do offer to the Government the use of the Hall of this Society for the sittings of one of the proposed new Equity Judges": ordered that the use of the Hall of this Society be offered to the Government for that purpose, and that the following gentlemen be a Committee to settle the terms in which the offer should be made, and that they be requested to make their report to the Bench on Tuesday next: The Treasurer, Mr. Law, Mr. Joy, Mr. Courtenay, Mr. I3urge, Mr. Spence, Mr. Starkie and Mr. Wyatt. Ordered that the Treasurer and the Deans of the Church be authorized on Tap part a/Page illegible

[the part of the Society in conjunction with the Middle Temple into taking into consideration the repairing and cleansing of the Temple Church, BTO Index fol. 147] as proposed in the Reports made by Sir Robert Smirke and Mr. Crosby, in 1839, and that they be authorized on the part of the Society in conjunction with the Middle Temple, to adopt some means as to the more effectually warming the Church. It is further ordered on the part of this Society that such repairs etc. do commence immediately after Trinity Term next, and for which purpose the Church be closed until the repairs are finished.

153


1840 EASTER TERM (Cont'd.) Robert Baynes Armstrong, Esq. and David Dundas, Esq., barristers of this Society, having produced Her Majesty's Letters Patent constituting them Queen's Counsel: ordered that they be balloted for the Bench on Tuesday next, 28th instant, and that the Masters of the Bench have notice thereof. Top part of page illegible

[Sir Charles Wetherell giving notice of motion, BTO Index fol. 28] ... "that the Bench do rescind the nomination of the Committee appointed this day respecting the proposals to be made to the Government upon the subject of offering the use of the Hall of this Society for the sittings of one of the proposed new Equity Judges". Mr. Robert Vaughan Richards giving notice of motion for the first business day of the next term, "that Mr. Burge's motion carried this day, viz., "that the Bench do offer to the Government the use of the Hall of this Society for the sittings of one of the proposed new Equity Judges", be rescinded, and that he will move on Tuesday next, "that a copy of this motion be sent to the Lord Chancellor, or other Branch of the Government to whom Mr. Burge's motion may be communicated-. BENCH TABLE Apr. 28

Present Sir Charles Wetherell, Mr. Harrison, Sir Frederick Pollock, Mr. Twiss, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Top part of page illegible

Motion of Friday last considered, "that there be a call to the Bench from the outer Bar this term", John Hardy, Esq., Henry Hallam, Esq., and the Rt. Hon. Sir Stephen Lushington, D.C.L. having been proposed and seconded and afterwards chosen by ballot. Ordered that they be invited to the Bench, and if they accept such invitation, that they be called at the Parliament to be held on Friday next. Robert Baynes Armstrong, Esq. and David Dundas, Esq., two of Her Majesty's Counsel, having been proposed and seconded and afterwards chosen by ballot. Ordered that they be invited to the Bench at the Parliament to be held on Friday next. BENCH TABLE May 1

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir Frederick Pollock, Mr. Joy, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Evans and Mr. Wyatt.

134


1840

EASTER TERM (Cont'd.) Ordered that the consideration of the letter received from Henry Hallam, Esq., upon the subject of the invitation of the Masters to call him to the Bench, be adjourned. Proceedings of the Table adjourned till after the Parliament. PARLIAMENT May 1

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir Frederick Pollock, Mr. Joy, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Evans and Mr. Wyatt. Ordered that John Hardy, Esq., the Rt. Hon. Sir Stephen Lushington, D.C.L., Robert Baynes Armstrong, Esq. and David Dundas, Esq., called to the Bench. Messrs. Gathorne Hardy, Charles Knowlys Grenside, Louis Tennyson d' Eyncourt,i- William Buttle Walker, and Mr. Thomas Acton Warburton, called to the Bar. BENCH TABLE

May 1

Resumed after the Parliament. Mr. Sidney Bazelgette, a student, having paid all dues, to have his name withdrawn and his bond delivered up. The thanks of the Society to be conveyed William Tidd, Esq., thr his present to the 8'h edition of his work, entitled, "Practical Proceedings in the Courts of the Queen's and Exchequer of Pleas".

by the Sub-Treasurer to Library of a copy of the Forms and Entries of Bench Common Pleas

Ordered that on 211June next, a Bar auditor be chosen in the room of Robert Baynes Armstrong, Esq., called to the Bench, and that the Masters of the Bench have notice thereof. Report read from the Committee appointed to settle the terms in which the ofThr should be made to the Government of the use of the Hall of this Society for the sittings of one of the proposed new Equity Judges, pursuant to BT() 24'h instant, as follows: "That your Committee in the first Top purl

of page illegible

12.Admitted to the 13ar in June 1833 as Louis Charles Tennyson.

155


1840 EASTER TERM (Cont'd.) liability of arranging the Hall for the of the requisite accommodation of the proposed New Judge and of the the Bar, and also the expense of making such arrangements as well as the probable annual expense of removing and refixing the same as occasion may require, and for which purpose your Committee submit to the Bench the accompanying plan which they find can very easily be carried into effect and which will afford ample accommodation for the Judge, his Clerk and the Officers of the Court, and commodious sittings for eleven Queen's Counsel and for twenty two Counsel of the Outer Bar, as well as accommodation for the Attornies and Suitors. The estimated expense of completing the same amounts to £90. Your Committee have ascertained that the whole of this arrangement can be fixed and placed in proper order for the purposes of the Court in less than an hour, and can be removed and the Hall put in the same state it now is for the use of the Society, in half an hour after the rising of the Court, the annual expense of which, supposing the Court to sit during the whole of the four terms and Top part qf page illegible

for the whole term this expense £55 but your Committee think it right to allow the year to probable annual expense of £20 for wear and tear of matting and for .... for the hot water apparatus, making a total annual expense to the Society of £75 or if there are no sittings during term the annual expense would not exceed £15. Your Committee further recommend to the Bench that in addition to the use of the Hall, the Society should allow the Judge the use of the ante-room or back Parliament Chamber only, and no other room for the purpose of robing, etc. Your Committee submit that if the Bench confirm their Report, they think it would be advisable that three or more of the Masters of the Bench should be deputed to wait on the Lord Chancellor, or some other member of Her Majesty's Government, to make this offer from the Society, and should also communicate the same to the Hon. Society of the Middle Temple." Resolved that a Top part qfpage

illegible

the Masters of the Bench of the Inner Temple, in aid of the measures now under the consideration of Parliament, to offer the use of the Hall of their Society for the sittings of an Equity Court, in such manner as may hereafter appear convenient and conducive to the public benefit. The Treasurer, Mr. Harrison, Mr. Wyatt, Mr. Burge and Mr. Spence or any three of them, to be requested to wait on the Lord High Chancellor with this Resolution.


1840

EASTER TERM (Cont'd.) A copy of the above Resolution to be communicated of the Bench of the Middle Temple.

to the Masters

BENCH TABLE May 5

Present The Treasurer, Sir Charles Wetherell, Mr. Courtenay, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Armstrong and Mr. Wyatt. Ordered that the application of Mr. Groom, pastry cook of Fleet Street, for permission to open a window at the side of his house next [to] the Inner Temple Lane, be referred to the Chamber Committee. Top part qf page illegible

[The Sub-Treasurer reporting that the Police rate assessment as returned] by the Society [was adopted by the] City authorities, and St. Dunstan's in the West collection to the Collector [BTO Index fol. 2831. BENCH TABLE May 8

Present The Treasurer, Sir Charles Wetherell, Sir Frederick Pollock, Mr. Twiss, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Chilton, Mr. G. Richards, Mr. Armstrong and Mr. Wyatt. Mr. John Floyer, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. Courtenay and Mr. Wyatt reporting that they have viewed the chambers, lately devolved to the House by the demise of Mr. William Frederick Lawson situate on the ground floor south at No. 6 King's Bench Walk and consider the annual value to be £75. Also the chambers of the late Nathan Croke Wetherell, Esq., situate Top parl q.page illegible

[area south, at No. 11 Paper Buildings"] and consider the annual value to be £84; also, the chambers of the late Felix Calvert Ladbro[o]ke, Esq., situate on the ground floor north at No. 5 King's Bench Walk and consider the annual value to be £84; also, the area chambers north consolidated thereto, devolved to the House by the demise of the same gentleman and consider the annual value to be £27 10s. Od; also, the chambers of the late the Hon. Edward Perceval situate on the third floor south at No. 8 King's Bench Walk and consider the annual value to be £52 10s. Od: ordered that all the above chambers be let at the respective sums so reported. Ordered that the sum of 35 guineas be paid to the Revd. Theyre Smith in respect of one half year from the 1 day of Michaelmas Term 1839,

Chamber Reference 13nok ClIA/2/3,

(1776-1861),

fol.116.

157


1840 EASTER TERM (Cont'd.) and that the Committee do present their report at the earliest opportunity on this subject, observing all respect to the Master and guarding against any precedent arising out of their recommendation. Top part of page illegible

[Sir Frederick Pollock's name to be placed in the Hall on account of repairs etc. done in his Treasurership, BTO Index fol. 28.] In consequence with a communication made to the Masters of the Bench this day, Mr. Wyatt giving notice of motion for Tuesday next, "that on the first business day of the next term, the Rt. Hon. Sir John Beckett be invited to the Bench"." BENCH TABLE May 12

Present The Treasurer, Sir Frederick Pollock, Mr. Joy, Mr. Courtenay, Mr. Burge, Mr. Evans, Mr. Chilton, Mr. Spence, Mr. Armstrong and Mr. Wyatt. Mr. William Cooper, a student, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year. An application read from Mr. John Bruce for permission to inspect the Petyt Manuscripts in the Library, to collate certain of them which were printed by Bishop Burnet, and to make notes or handscripts of certain others, he being engaged in preparing for the press an Historical Inquiry into certain incidents in the life of Lord Burghley. Ordered that his request be complied with. The thanks of the Society to be conveyed by the Treasurer to William Burge, Esq., Top part of page illegible

[on presenting for the use of the Church " Dr. Boyce's Cathedral Music" in three volumes, BTO Index fol. 147], containing the productions of Tallis, Blois, Purcell and other early English composers, Dr. Boyce's "Anthems" in two volumes, and Kent's "Anthems- in two volumes". The following Order from the Parliament of the Society of the Middle Temple, held on 8thMay 1840, was read and approved: Upon reading the Inner Temple Bench Table Order of 24th April last, as also the Report of Sir Robert Smirke, dated 9th July 1839, -

14

Inserted in the margin, "omitted 8 May 1840".

158


1840 EASTER TERM (Cont'd.) respecting the repairs of the Temple Church, it is ordered that the Treasurer, Masters Casberd, Newland, and Bethell," be appointed in the terms of the Inner Temple Order for the necessary repairs to the Temple Church and that the Church be closed during the time of such repairs. Further ordered on the part of this Society that it be referred to the same Committee to concur with the Masters of the Bench of the Inner Temple, in the requisite repairs to the organ." Top part of page illegible [Consideration of Mr. Wyatt's motion, "that on the first business day of the next term the Rt. Hon. Sir John Beckett be invited to the Bench", afterwards chosen by ballot. BTO Index fol. 28] having Ordered that he be invited to the Bench and that the Sub-Treasurer attend and give him notice thereof and report the same to the Bench on the first business day of the next term.

15

Robert Casberd, John Newland and Richard l3ethell, all Benchers of Middle Temple.

159


1840 TRINITY TERM

BENCH TABLE May 29

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Mr Joy, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Evans, Mr. Armstrong, Mr. Wyatt and Mr. Dowdeswell. Orders of the last term were read. The Sub-Treasurer reporting that the Rt. Hon. Sir John Beckett, accepts the invitation of the Masters to be called to the Bench: ordered that he be called to the Bench at the Parliament to be held on Friday next. Report read of the Committee of the two Societies held in the Parliament Chamber of the Inner Temple, upon the subject of the 16 repair etc. of the Temple Church, pursuant to the BTO of Top part of page illegible

[Present, Mr. Burge and Mr. Spence of the Inner Temple, and the Treasurer (Mr. Pollock)]17 and Mr. Newland of the Middle Temple. "The Committee resolved unanimously to recommend to the Masters of the respective Houses, that the following repairs and alterations should be [undertaken] at the Temple Church, and that the Church be closed immediately after the last day in the ensuing Trinity term, and works do thereupon commence. That the roof of the Church be re[paired] and covered with new slates of the best quality and that new lead gutters be provided where necessary. That the ancient entrance doorway and porch be repaired and restored to its original state. That the east end of the Church next to the Master's garden be repaired so far only as may be required for its preservation. That the interior of the Church and the Round Tower with the tablets, monuments, pavements etc. be repaired and cleaned, also the Top part of page illegible

[woodwork of the pews, pulpit, reading desks, altar screen, organ loft etc. be repaired, cleaned and revarnished, but] the Committee [are

TEM/2/6 states "persuant to BTO 24`11April last and of the Order of Parliament of the Middle Temple of 8th instant". here, and in the remainder i 7 The words which appear in square brackets are der ved from TEM/2/6 Report. this of of the transcription 16

160


1840 TRINITY TERM (Cont'd.) decidedly of opinion] and strongly recommend that the stonework of the Church and Round Tower, viz. the Purbeck pillars, the groins of the ceiling etc. ought not to be recolo[u]red but restored to their original state. That new railing of a suitable character be put round the monumental figures in the Round Tower, and that the figures themselves be repaired and cleaned. That a dwarf ornamental framing to raise the front of the organ loft and form book boards for the choir be erected. That the two arches on each side of the organ at the west end of the side aisles be opened. That new furniture and fittings be provided for the Church viz. the covering and velvet cushions etc. and cushion seats of the pulpit, reading desks, Communion Table, Benchers' pews, side pews etc. and new hassocks and matting where necessary and that two new chairs of a suitable character be provided for the altar. That the Church and the Round Tower Top part al page illegible [be warmed with hot water]." [That the organ be repaired and cleaned and the front pipes regilt, and for which purpose] the Committee [have been attended by Mr. Bishop, the organ builder, and by the organist,] and in the subjects of the estimate [furnished for that] which is proposed to be done to the [organ], the Committee have strictly confined [themselves] to the limits sanctioned by the BTO of the Bench of the Inner Temple of 4 May and by the Order of Parliament of the Middle Temple of 8th instant. The Committee submit that it will be exceedingly desirable that the Benchers of the two Societies should take into their immediate consideration, the propriety of removing the screen under the organ, and the altar screen, in order that those portions of the Church may be fitted up in a manner more consistent with the general character of the Church. The Committee after inspecting the Church adjourned to the Parliament Chamber of the Inner Temple and addressed a letter to the Master of the Temple invitintz him to attend an adjourned meeting of the Committee

The words which appear in square brackets are derived from IL NI 2 6 here, and in the remainder of the transcription of this Report.

161


1840

TRINITY TERM (Cont'd.) Top part of page illegible [in order that they might confer with him and have the benefit of any suggestions which occurred to him on the matters contained in this Report].' 9 The Committee of the Inner Temple, in making the above Report to their Society, have to observe that the Bench have already decided, by their Order of 24th April last, to have the roof and east end of the Church repaired, the interior repaired and beautified, and also more effectually warmed; by their Order of 4th May 1838, before mentioned, to have the organ in the Church rendered effective, the expense of which works together will amount to about ÂŁ1,200 to be borne by the two Societies. The additional work recommended by the Joint Committee in this Report viz, the restoration of the ancient doorway and porch, the restoration instead of recolouring of the Purbeck pillars in the Church and Round Tower and the groins of the ceiling etc., the new railing round the monumental figures in the Round Tower, the new furniture for the Church, the dwarf ornamental framing round the organ loft, and the opening of the two arches on each side of the organ will cost Top part of page illegible [about ÂŁ800 to be borne by the two Societies in equal moieties, beyond the amount already sanctioned by the Bench and which additional expenditure the Committee earnestly hope the Bench will concur in on the part of their Society]." Ordered that the Report be confirmed, and the recommendation respecting the removal of the screen under the organ and the altar screen be referred to the Committees of the two Houses, who are requested to obtain estimates and make their report to the Bench upon the subject. Mr. Edward Christopher Egerton and Mr. Florance John Benson, students of Lincoln's Inn, to be admitted members of this Society upon their certificates from Lincoln's Inn. Ordered that the Treasurer, Mr. Wyatt, Mr. Twiss, Mr. Courtenay and Mr. Evans be a Committee to fix the rents of the Top part of page illegible [new chambers at Paper Buildings, 13T0 Index tb1.197] and make their Report to the Bench.

I he words w Inch appear in square bracket!, are deri\ed of the transcription of this Report.

162

from I F.N12 6 here. and In the remainder


1840 TRINITY TERM (Cont'd.) BENCH TABLE Jun. 2

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Joy, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Armstrong and Mr. Wyatt. The thanks of the Society to be conveyed by the Sub-Treasurer to Mr. John J. Lowndes, a student, for his present to the Library of a copy of his work, entitled, "An Historical Sketch of the Law of Copyright". The thanks of the Society to be conveyed by the Sub-Treasurer to John Bruce, Esq., Treasurer of the Camden Society, for his present to the Library of a copy of his edition, entitled, "Annals of the first four years of the Reign of Queen Elizabeth, by Sir John Hayward" and a copy of his edition, entitled, "History of the arrival of Edward IV in England, and the final recovery of his kingdoms from Henry IV A.D. 1471". Resolved unanimously that Robert Walters, Esq, is elected one of The Bar Auditors Top part of page illegible

Report read regarding an Order of Parliament held at the Middle Temple on [29`h] May, 1840: "The Report read of the Committee of the two Societies held in the Parliament Chamber of the Inner Temple on 23rd instant, relative to the repairs of the Temple Church, organ etc. Ordered that the same be confirmed, and further ordered that the Committee of this Society be authorised to concur with the Committee of the Masters of the Bench of the Inner Temple in such alterations in the screens as may appear advisable and that full power be granted to the Committee on the part of this Society to give directions throughout in conjunction with the Committee of the Society of the Inner Temple." Ordered that the same be adopted and that like power be given to the Committee of this Society to act in conjunction with the Committee of the Inner ftecte Middle] Temple. Ordered upon the motion of Sir Charles Wetherell, that the Treasurer be Top part of page illegible

[informed as to the total of the sums proposed to be expended in the repair, restoration and embellishment of the Temple Church].20

2'1

See BTO Index fol. 148 and BTO 24 NOV 1840 below.

163


1840 TRINITY TERM (Cont'd.) PARLIAMENT Jun. 5

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Burge, Mr. Preston, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Evans, Mr. Robert V. Richards, Mr. Armstrong and Mr. Wyatt. Ordered that the Rt. Hon. Sir John Beckett be called to the Bench. BENCH TABLE

Jun. 5

Present The Tresurer, Sir Charles Wetherell, Sir George Rose, Mr. Joy, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Evans, Mr. Robert V. Richards, Mr. Armstrong and Mr. Wyatt. Extract from Parliament Pa ers "That in the present situation of Mr. Corner, he is not according to the Rules of this Society eligible to be called to the Bar." Letter read from Mr Frederic Albert Winsor, a member of this Society for fifteen years, dated 3rd June 1840, regarding the return of his deposit Top part of page illegible

Ordered that Mr. Winsor's deposit cannot be returned to him without his withdrawing his name from the Books of the Society (pursuant to the Order of 22 June 1798). It having been represented to the Bench that the Misses Tomlins, three sisters of Sir Thomas Edlyne Tomlins, one of the Masters of the Bench and who resides abroad, are in great distress, and from their advanced ages are incapable of maintaining themselves. Ordered that the sum of f.:50be given to them as a gratuity. BENCH TABLE Jun. 9

Top part qf page illegible

[Present] Report read from the Committee appointed (BTO 29th May last) to fix the rents of the new chambers at Paper Buildings and to consider other matters connected with those buildings, as follows: "That they have viewed the several chambers belonging to the Society, and consider the following sums put ag,ainst each respective set of chambers a fair and proper rent that the same should be let for:

164


1840 TRINITY TERM (Cont'd.) No. 13Area

south Two pair south Three pair north

£105 £110 £90

No. 14Two

pair north Three pair south Three pair north

£110 £90 £90

North Wing Area east Area west

£75 £84

Top part of page illegible

[Ground floor east Ground floor west One pair east ) One pair west )

Two pair east Two pair west Three pair east Three pair west Total

£100 £105 £215

£84] 21 £94.10 £70 £80 £1,502.10

The Committee have to observe that in consequence of the Society having taken down the north half of No. 12 for the purpose of [erecting] the north wing of the New Building, and having agreed with Mr. Joy, the Proprietor of the ground floor set north, at No. 12, that he should return to his new chambers now built upon the site of his former set, upon paying his fair proportion of the expense of rebuilding. This arrangement deprives the Society of the ground floor chambers south at No. 13, being Bench chambers. The Committee therefore recommend that the chambers on the first floor over the same, belonging to the House, should be made a Bench chamber in lieu thereof, and appropriated to the use of the Bencher holding the ground floor set, as a bench chamber. Mr. Joy should pay to the House the sum of £150 being the value of the Top part of page illegible

The Committee have taken into consideration the notice submitted by Mr. Erle, the Proprietor of the ground floor set north, at No. 14, viz, that in consequence of the erection of the north wing of the New Building adjoining to, and projecting beyond the line of building in which his chambers are situate, two of his rooms are overlooked by

21

Information from Chamber Rent Account Books CliA/10/3-6.

165


1840 TRINITY TERM (Cont'd.) other chambers, and in some degree darkened, and that therefore they are not so valuable as they would have been had the north wing not been built. The Committee, understanding that the Society have permitted the Proprietors of the first and second floors, where the same objection exists, to change for the sets on the opposite side of the staircase, but that in Mr. Erie's case they are not able to do so, not having a ground floor set in the New Building at their disposal. The Committee think it due to Mr. Erle and recommend that some competent person should be called in to ascertain whether any difference of value exists between the two ground floor sets, in consequence of the erection of the north wing, and if any, that the Society should pay to Mr Erle, such difference of value upon the calculation of his life interest Top part of page illegible

[Concerning the chambers of Mr. Colmer at No. 14] it makes a difference in the improved on a amount of the proportion of the expense of rebuilding and for which he derives no benefit, having let the chambers before the fire occurred for the whole of his term, or interest in them, he therefore requests to be released from such additional charge. The Committee having been informed that Mr Colmer has received from the Sun Fire Office the sum of ÂŁ950, in consequence of the fire, and also has received the rent of the chambers during the time of rebuilding, and as the Society only call upon him for ÂŁ454, he ought not to be released from the additional expense. The Committee recommend that the staircases in Paper Buildings should be numbered 1, 2, 3, 4, & 5, commencing with the north wing as No. 1." Ordered that the Report be confirmed. PARLIAMENT Jun. 12

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir Frederick Pollock, Mr. Law, Mr. Courtenay, Mr. Erle, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Evans, Mr. G. Richards and Mr. Armstrong. Messrs. William Rothery, George Atkinson, James Shaw Willes, George Henry Marsh, George Carr Peirson, Charles Spencer March Phillipps, Richard Charnock, Edward Christopher Egerton and Florance John Benson, called to the Bar. Henry Hall Joy, Esq., to be Reader of the Society for the next Trinity vacation.

166


1840 TRINITY TERM (Cont'd.) Parliament adjourned to Tuesday next, 16th June, for the purpose of calling Mr. Paitfield Mills and Mr. William Dougal Christie to the Bar. BENCH TABLE Jun. 12

Top part of page illegible [Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir Frederick Pollock, Mr. Law,]22 Mr. Courtenay, Mr. Erle, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Rogers, Mr. Evans, Mr. G. Richards and Mr. Armstrong. Ordered that in future, no vote of money in the way of gratuity or pension be given out of the funds of this Society without a previous notice of fourteen days being sent round to the Masters of the Bench. Memorial addressed to the Masters of the Bench of the Inner and Middle Temple, signed by fifty two gentlemen, [namely] barristers and other members of the same Societies or residents or occupiers of chambers within the Temple, considered, as follows: "Having heard with great pleasure of the intention of the Benchers of the two Societies shortly Top part of page illegible improvement of now standing against the of the church. There are [considered] known but four churches in [the round] upon the singular plan of the Temple Church, namely this church, St. Sepulcher's [sic], Cambridge, St Sepulcher's [sic], Northampton and Little Maplestead, Essex, and of those four this is the only one which is the property of a large and wealthy body of well educated gentlemen, and yet it is also the only one allowed to be disfigured and encumbered by mean buildings of small value thrust against it. It is scarcely necessary to point out the further obvious improvement, and consequent increase of value, which would arise to the surrounding chambers by the removal of these buildings, and thus admitting more air and light into a very close part of the Temple." Ordered that the Treasurer be requested to acknowledge the receipt of the memorial and to assure the Top part of page illegible [formation of a] Committee, viz.: Mr. Harrison, Mr. Burge and Mr. Starkie. Consideration of the petition received from Mr. Richard James Corner, a student of this Society, to be adjourned to Tuesday next, and that a

22

Taken from Parliament entry.

167


I 840 TRINITY TERM (Cont'd.) copy thereof to be sent to each of the Masters of the Bench together with a notice of thc date. Resolved that all the Masters of the Bench be a Committee to prepare an address to Her Majesty upon Her Majesty's providential deliverance from the late atrocious and treasonable attempt against thc life of Her Majesty. The address to be signed by the Treasurer and Masters of the Bench. Ordered that the attendance of Mr. Charles Robert Claude Wilde and Mr. Thomas Montague Carrington Wilde be dispensed with and this term allowed them, on the representation of Sir Frederick Pollock of the very special circumstances of their case, which prevents their actual attendance in Hall. Top part of page illegible [Committee to be formed of Mr. Harrison, Mr. Burge and Mr. Starkie to request and arrange with the Master of the Temple [the Revd. Christopher Benson23] to allow his series of sermons upon "Tradition and Episcopacy-, lately preached at the Temple Church, to be printed, BTO Index fol. 2731.24 PARLIAMENT Jun. 16

Present The Treasurer, Mr. Twiss, Mr. Thesiger, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong and Mr. Wyatt. Mr. Paitfield Mills and Mr. William Dougal Christie, called to the Bar. BENCH TABLE

Jun. 16

Present The Treasurer, Mr. Twiss, Mr. Thesiger, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong and Mr. Wyatt. Henry Orme Wood, Esq., a student, having paid all dues, to have his name withdrawn and his bond delivered up. Petition considered from Mr. Richard James Corner, of Tanlield Court, Temple, and dated 10thJune 1840. Top part of page illegible The petitioner was admittcd of this Society in November 1828, and admitted to Commons in Trinity Term 1829, since when he has kept

23 24

Christopher Benson, M.A., Master of the Temple 1826-1845. Sec also BTO 23 May 1839.

168


1840 TRINITY TERM (Cont'd.) the number of terms required previously to being called to the Bar and conformed to the Rules of the Society. "That being desirous to be called to the Bar in the present term, your petitioner waited upon Frederick Thesiger, Esq., a member of your honourable Bench, who consented to propose his call, and your petitioner subsequently entered his name for that purpose at the Treasurer's Office in order to its being placed upon the screen in the Hall which was done accordingly." On Saturday last, he received a note from Mr. Thesiger informing him Top part of page illegible [he was not permitted to be called to the Bar owing to his] present situation as Clerk of the Peace for a period of two years.25 BTOs of 176226relating to Attorneys, Solicitors and Clerks in the Chancery or Exchequer, and of 1789,2' relating to articled clerks to any attorney, solicitor or clerk in the Court of Chancery or Exchequer, were read to the petitioner. The petitioner is not, nor ever had been an attorney or solicitor, or a clerk in the Chancery or Exchequer, nor an articled clerk. At the time of his admission into the Society the petitioner was, and is a clerk (not under articles) to Charles John Lawson, Esq., the Clerk of the Peace for the County of Surrey, a barrister, and now one of the Masters of the Bench of Middle Temple, in which employment the petitioner's duty has been to execute from time to time both in the presence and absence of his principal all such duties as devolve upon the Clerk of the Peace Top part of page illegible On the appointment of another gentleman, a member of the Bar, as Deputy by Mr. Lawson, the petitioner has given notice of his intention to quit as soon as is possible. Prior to entering the Society, the petitioner consulted the Rules of the Society through the publication entitled, "The Law Students' Guide", which omits any information on the admission to the Inns of Court of Clerks in the Chancery or Exchequer and their articled clerks, on which alone it appears to the petitioner that any analogy to his case can be found. The petitioner was only made aware of the BTO 16 Jun 1789, on Monday last by the Sub-Treasurer. Top part of page illegible of high authority on such . the late Randle Jackson, Esq., [a Master of the Bench] of the Middle Temple, who being a magistrate of the County of Surrey and perfectly aware of your petitioncr's situation, and who stated his opinion that that formed no obstacle to his call to the Bar, and, as will be seen on reference, signed the certificate required on admission."

Here follows a precis of the petition. For full account sec BTO Book, fols.130-133v. C1TR, vol.V, p. 137 (BTO 6 Feb 1762). 27 CITR, vol.V, p. 518. 25

26

169


1840 TRINITY TERM (Cont'd.) The petitioner argues about the matter of interpretation, which applies the rules in question to his case, as being at variance "with all ordinary rules of interpretation whether of statutes, or of rules of a less authoritative description and that the rules in question are, for the purposes to which they relate, the Law of England. That such an interpretation is in particular opposed to the well-known maxim "Expressio unius exclusio alterius est". In order to apply these rules to your petitioner's case Top part of page illegible articled clerk must be deemed to the use of the extend the rule to clerks of every description instead of as in the ordinary sense, confining it to the particular class of clerks named, and the words "until his articles shall have expired, or been cancelled for the space of two whole years" must be deemed to apply to cases in which no articles every existed." The petitioner cites other persons, such as "officers of the Courts of the Queen's Bench of Common Pleas and their clerks, Clerks of Assize and their clerks, and a great number of other officers, not named in the rules, but who could not possibly ascertain before their applications to be called, whether their cases might be considered within such rules or not." The petitioner recalls the recent case of a call to the Bar under circumstances almost exactly the same as his own. "In Easter Term 1837 Mr. William Frederick Lawson (since deceased), was called to the Bar by this Society Top part of'page illegible in the execution of the duties of Clerk of the Peace under his after his Call appointed Deputy Clerk father, and was of the Peace, the only difference between the cases being probably the non-receipt of salary by Mr. Lawson, but the circumstances relating to which are not known to your petitioner and as he conceived have no bearing on the case; the objection arising he presumes from the nature of the employment." The petitioner asks the Bench to consider "the great difficulty, not to say impossibility of ascertaining beforehand the particular cases to which the spirit of a rule like the one in question might be held to extend and the hardship and heavy loss which will be inflicted on your petitioner by the extension of the rule to cases not named in it Had it been possible for your petitioner to have foreseen the opinion of the Bench of Friday last, he might and would more than two years since, have taken the steps he is now called upon to take, and thereby have having saved a period of time not unimportant to a younger man passed his 35th year, etc Top part of page illegible


1840 TRINITY TERM (Cont'd.) The petitioner requests to know whether he should withdraw his application for the present, and whether the Bench will permit him to be called to the Bar either in the present term, or in the next, provided he shall in the meantime have entirely given up his late situation and ceased to perform its duties. Top part of page illegible

[Resolution made thereon, BTO Index fol. 48.28] BENCH TABLE Jun. 17

Present Mr. Twiss, Mr. Burge, Mr. Spence, Mr. Evans, Mr. Chilton and Mr. Wyatt. The Bench having been advised that a Bill has been or is about to be introduced into Parliament for the embankment of the north side of the River Thames, and that an endeavour will be made to introduce a clause into the Bill to provide a public walk along the line of embankment and which will materially affect the property and retirement of the Temple. Resolved that Mr. Simpson, the Society's Solicitor, be instructed to watch the progress of the Bill with a view of opposing the insertion of such a clause and generally to protect the interest of the Society in the matter. Ordered that a communication be made between the two first floor sets of chambers at No. 1 Paper Buildings, so as to form one set, and that Mr. Burge have the refusal of them, at thc rent already fixed by the Bench. Top part oj page illegible

[An address to be prepared for His Royal Highness Prince Albert on the recent attempt against his life, BTO Index thl. 284] to be signed by the Masters of the Bench. BENCH TABLE Jun. 19

Present The Treasurer, Sir George Rose, Mr. Joy, Mr. Spence, Mr. Chilton, Mr. Starkie, Mr. Armstrong and Sir John Beckett. Ordered that the Revd. Robert Agissiz, curate of St. Dunstan's, formerly a member of this Society, have access to the Inner Temple gardens till further Orders. Ordered that the Chamber Committee do take into consideration the propriety of putting down a wooden pavement in fi-ont Of Crown Office Row and the Terrace.

28

Called to thc Bar 20 Nov I 840.

171


1840 TRINITY TERM (Cont'd.) Business adjourned to Wednesday next, 24th instant. BENCH TABLE Jun. 24

Top part of page illegible

[Present]

Mr. Wyatt and Mr. Hardy.

Joseph Briggs, Esq., a barrister, having paid all dues, to have his name withdrawn and his bond delivered up. Ordered upon the application of Henry Moreton Dyer, Esq., a barrister of this Society, that Mr. John Arthur, now residing with his father John B. Arthur, Esq., Consul of the United States, resident at Turks Islands in the Bahamas, be admitted a member of this Society upon payment of the usual fees and upon the recommendation of two barristers, but that he be not allowed to enter into Commons until he has passed the classical examination attendant upon the admission of students to this Society. Report read from the Chamber Committee, in consideration of BTO of Friday last, to pave Top part of page illegible

[Crown Office Row and Terrace with wood, BTO Index fol. 197]. "The Committee recommend [deferment] of it to another year [in] consideration of other heavy expenses, which the Society has to incur this year in other improvements. The Committee have taken into consideration the application of Mr. Groom, pastry cook of Fleet Street, for permission to open a small window from his parlour into the Inner Temple Lane, and recommend that his request should be complied with, on his paying an acknowledgement of two shillings per annum, and on his giving an undertaking to build up with brick and mortar the window on notice being given to him by the Society for that purpose. The Committee having been informed that William Lee, Esq., and G.T. White, Esq., barristers who are in arrear to the Society for rent and commons, have applied to become tenants of chambers Top part of page illegible

[in New Paper Buildings. Application refused unless etc., BTO Index fol. 48]. Ordered that the Report be confirmed and that in the deed of covenant to be given by Mr. Groom, power be reserved for the Society to block up the window when they think proper.

172


1840 TRINITY TERM (Cont'd.) Ordered that the Treasurer be requested and such of the Masters of the Bench as may be pleased to accompany him to present the following address to Her Majesty at the next levee viz. Wednesday, 1st July 1840: "To the Queen's Most Excellent Majesty, the humble address of the Treasurer and Masters of the Bench of the Honourable Society of the Inner Temple. We your Majesty's dutiful and loyal subjects, the Treasurer and Masters of the Bench of the Honourable Society of the Inner Temple, beg leave most humbly to offer to your Majesty our heartfelt congratulations on your Majesty's providential deliverance from the late atrocious and treasonable attempt against the life of your [Majesty] Top part of page illegible greatful thanks to providence happy preservation. It is prayer to Almighty God that . to us the blessings of your Majesty do continueto watch over a life so justly [dear to] all your Majesty's subjects.-29 Ordered that the Treasurer be requested and such of the Masters of the Bench as may be pleased to accompany him to present the following address to His Royal Highness Prince Albert of Saxe-Coburg and Gotha, at the first opportunity: "To His Royal Highness Prince Albert of Saxe-Coburg and Gotha, thc humble address of the Treasurer and Masters of the Bench of the Hon. Society of the Inner Temple. We, the Treasurer and Masters of the Bench of the Hon. Society of the Inner Temple, beg leave most humbly to offer to your Royal Highness our heartfelt congratulations on the providential deliverance of Her Majesty and your Royal Highness from the late attcmpt against the life of Her Majesty and your Royal Highness ...... Top part af page illegible sincerely trust that the providence which on this occasion has the blow of the assassin may continue to watch over lives so dear to all the subjects of these Realms." Ordered that Mr. Wyatt be requested to purchase at Mr. Spranger's sale such description and quantity of wine for the use of this Society as he may think advisable. Business adjourned to Wednesday next, 8th July next.

29 kdward Oxford fired two pistols at the Queen and the Prince, on June 10'h, as they were driving up Constitution llill. Oxford was found to he insane. See Gentleman's Magazine, 1840, New Series, 14, pp. 85, 196.

173


1840

TRINITY TERM (Cont'd.) BENCH TABLE Jul. 8

Present The Treasurer, Sir George Rose, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Evans, Mr. Chilton, Mr. Wyatt, Mr. Dowdeswell and Mr. Hardy. Mr. Francis Henry Dickinson, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. Chilton giving notice of motion for Friday next, "that Top part of page illegible

[the Bench should take into consideration the progress and present state of the works at the Temple Church as to what repairs have] been done, what is [intended to be done] and the probable expense to [be incurred] and to make such an Order on [this] as shall be deemed necessary". [BTO Index fol. 28]. Business adjourned to Friday next, 10thinstant. BENCH TABLE Jul. 10

Present The Treasurer, Mr. Harrison, Sir Frederick Pollock, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Rogers, Mr Chilton, Mr. Evans, Mr. Starkie, Mr. R.V. Richards, Mr. Griffiths Richards, Mr. Wyatt and Mr. Hardy. Ordered upon the application of Mrs. Pott, widow of William Pott, Esq., late one of the Masters of the Bench, that she have permission to erect a tablet to the memory of her deceased husband in the Temple Church.'0 Mr. Burge presenting the Top part of page illegible

[Report of the Committee upon the subject of the repair of the Church and Mr. Chilton proposing Resolutions to be adopted, BTO Index fol. 147]. "The Committee of the Society appointed in conjunction with the Committee of the Middle Temple to carry into execution the several repairs and alterations at the Temple Church, as set forth in their Report made to the Bench on 29th May last, and also to make such alterations in the screen under the organ, and altar screen, as should appear advisable, having received a notice of motion, "that the Bench should take into consideration the progress and present state of the works at the Temple Church, what has been done, what is intended to be done, and the probable expense to be incurred, and to make such an

3()

See Mrs. Arundell Esdaile "Temple Church Momunents-,

174

London, 1933, p. 86.


1840

TRINITY TERM (Cont'd.) order upon the subject as shall be deemed necessary", think it desirable that they should make a further Report to the Bench upon the subject, and with this view they have obtained the concurrence of that part of the Committee consisting of the Middle Temple. The Committee therefore submit to the Bench, that pursuant to June last, they have given instructions May and 211d their Orders of 29111 to the architect to proceed with the following works viz.: To have the roof of the church repaired and covered with new slates of the best quality and new Top part Of page illegible

[lead gutters provided where necessary. To have the ancient doorway and porch restored to its original state. To have the east end of the church next the Master's garden repaired, so far only as may be necessary for its preservation].31 To have the interior of thc Church and the Round Tower, with the tablets, monuments, pavement etc. repaired and cleaned, and the stone work of the Church and Round Tower, viz. the Purbeck pillars, the groins of the ceiling etc. restored to their original state. To have new railing of a suitable character put round the monumental figures in the Round Tower, and the figures themselves repaired and cleaned. To have two new chairs of a suitable character provided for the altar. And to have the Church and Round Tower warmed with hot water. The Committee beg to state that the instructions given for all the above works, are in the words sanctioned by the Bench upon their former Report, but that the other works which the Committee have resolved upon, beyond the actual words of their former Report, they found it necessary to do, as circumstances arose in the progress of the repairs, requiring such an extension of their Orders conceiving that the Bench had given them a discretionary power in Top part of page illegible [the matters entrusted to their superintendence, viz. the pewing, pulpit, reading desks etc. which were to be repaired cleaned and revarnished. The Committee found upon examination such extreme dampness fiom the foundation of the Church] and appearing appear

" The words

which

transcription

of this Report.

in square

brackets

arc derived

175

froin

TI M/2/6

in the remainder

of the


1840 TRINITY TERM (Cont'd.) through the marble pavement that it became absolutely necessary to remove the whole of the pavement, which exposed to view the very insecure and decayed state of the bottoms of the pews, and the joists and woodwork under them, and to restore, which would have required an expenditure beyond the amount formerly estimated, of about £600, as this extensive repair would have compelled the removal of all the pews, for the purpose of putting new joists etc. under them. The Committee were decidedly of opinion that the pews should be taken away altogether and that other seats should be substituted, as in Cathedral and Collegiate Churches, and for which purpose they have been furnished with a plan, an estimate from Mr. Savage, the Architect, which they propose to adopt, involving an expenditure for flooring and joists for the arrangement of the seats of £150, and for the seats themselves £1,578 by which accommodation will be obtained for 40 persons more than could be accommodated in the old pews. This arrangement led to the removal or alteration of the position of the pulpit and reading desk, to some other part of the Church, the Committee therefore thought it advisable as the Church was to be restored to its original Gothic state, that the present pulpit Top part of page illegible

[and reading desk should be got rid of, and a Gothic pulpit and reading desk should be erected, the position of which the Committee have not yet decided upon —the additional expense of this alteration will be £200. The Committee have also to state that when the pews were removed the original paving of the Church under the paving was exposed, and it appeared]3- that at some former period the aisles only had been filled in with earth to nearly the level of the floor of the pews, the Committee therefore resolved that the whole of the Church including the Round Tower should be lowered to the original paving whereby the bases of the columns would be exposed which would not only add to the height of the interior of the Church but greatly increase its beauty by showing the whole of the columns as originally, and that concrete should be put under the new paving to prevent damp, the additional expense of which will be about E200, and the restoration of the bases of the columns etc. about £150. Under the sanction of the Bench by their Order of 2ndJune, "that the Committee should make such alterations in the screens as should appear advisable", they have resolved to remove the altar screen and railing altogether and substitute a light Gothic screen and railing, as shown in the plan furnished by Mr. Savage, the cost of which will be £172, and that this arrangement and the removal of the

32

TEM/2/6.

176


1840 TRINITY TERM (Cont'd.) pews, involves the necessity of removing the present wainscoting round the Church and restoring the

Top part of page illegible [ashlar or stone work behind the same which the Committee have resolved should be done, and which will cause a further expenditure of about ÂŁ100. Under the like sanction of the Bench, the Committee] resolved to remove the organ screen altogether and have likewise thought it advisable to remove the organ. That by removing the screen it was discovered that the organ was in great danger of falling from the very decayed state of the stone work, and the insecure manner in which the organ had been supported, so much so that, in the opinion of the architect and the organ builder, any considerable motion from persons in the organ loft, might have thrown it down, it would therefore have been impossible to have left it standing in its former place, and by the removal of which, all the arches from the Round Tower to the body of the Church are thrown open, not only the two arches on either side of the organ contemplated before by the Order of the Bench of 29th may. By this alteration the Committee submit that the character of the Church is shown in its original beauty, and will give considerable accommodation to the congregation in connecting the Round Tower with the Church, if the Benchers of the two Societies should sanction seats being placed there, for that purpose. They have thus avoided a very considerable expense sanctioned by the preceding Order, which would have page illegible Top part ().1 [been incurred in providing a suitable stone or wood screen in the place of the former one. The Committee have had several meetings and inspected the Church for the purpose of considering a proper position for the organ, and are decidedly of opinion that the only one,]33 without destroying the internal architectural beauty of the Church, or injuring the organ, is to build a chamber out of the centre window on the north side to receive it, the window being retained and forming the front of the organ as shown in the plan furnished by Mr. Savage, and that a small gallery should be made tbr the singers under the front of the organ projecting only about 18 inches; and further that the space under the floor of the organ, should be converted into a vestry instead of the present very inconvenient dark and damp vestry, which should be removed. The Committee think it right to state that according to the estimates furnished with their thrmer Report and adopted by the Bench, the expenditure would have been about ÂŁ2,000, exclusive

TEM/2/6.

177


1840

TRINITY TERM (Cont'd.) of the expense for the alteration of the organ screen, and the altar screen, sanctioned by the Bench, on 2ndJune last, and which would have cost a very considerable sum, and also the cost for the necessary repair of the pews of £600 —making an amount exceeding £4,000, exclusively of what became necessary in consequence of the dampness of Top part of page illegible [the foundation and pavement and the insecure state of the organ. The Committee contemplating the expense that would have been necessarily entailed upon the two Societies, in carrying out the originally intended]34 alterations, as sanctioned by the respective meetings of their Benchers, including the expense of new screens, are of opinion, that, if they shall be enabled to complete the whole plan which they have in view in all its parts, the additional cost will exceed the former by a sum varying from £600 to £1,000. That additional expense is occasioned by the substitution of seats in the form shown by the plan of Mr. Savage, which appeared to the Committee, as they hope it will also to the Bench, was such a decided improvement, indeed absolutely necessary for giving effect to the other improvements, that such additional expense ought not to stand in the way." The above Report having been read. Mr. Chilton moving "that the Bench do take into consideration the progress and present state of the works at the Temple Church, what has been done, what is intended to be done, and the probable expense to be incurred, and to make such an Order upon the subject as shall be deemed necessary" and having proposed that the following Resolutions Top part of page illegible [should be adopted, viz.]: "That the Report of the Committee of the two Societies made on 23rd May last, relative to the repairs of the Temple Church, organ, etc., and confirmed by the BTO 29th May, has not been adhered to, that the estimates now produced greatly exceed those then laid before the Bench and sanctioned by them, and that it is therefore necessary that the Bench do determine to what extent the deviations from the plan set forth in the Report be sanctioned and to invest the Committee with further powers to carry those so sanctioned into effect. That the lowering to the original level the pavements of both Churches, and the repairing of the Church at the expense now estimated (f ) be authorized by the Bench. '4

TEM 2 6. Left blank.

178


1840 TRINITY TERM (Cont'd.) That it is inexpedient to allow any of the windows of the Church to be disturbed, or in any way to break out of the building for sake of accommodating the organ. That, (regard being had both to the beauty of the building, and the effect of the instrument) the space above the western entrance appears to the Bench to be the most eligible position for the organ. That the Committee of this Bench be instructed to obtain if possible, the concurrence of the Middle Temple in placing the organ in this position. Top part of page illegible

[That if such concurrence cannot be obtained, no steps be taken towards putting up the organ until all the repairs and other alterations shall have been completed, and the Church shall have been opened for[36 divine service, and that then the Masters of the Bench of the Middle Temple be requested to confer with this Bench in order to determine the best position for the organ." After discussion thereon, Mr. Chilton withdrew all the above Resolutions except the 3rd, viz., "That it is inexpedient to allow any of the windows of the Church to be disturbed, or in any way to break out of the building for sake of accommodating the organ" —and Sir Frederick Pollock having moved an amendment whereupon. It is resolved that the Bench see no reason to interfere with the proceedings adopted by the Committee in reference to the repairs of the Temple Church, but that the Committee's attention be most particularly solicited to the position of the organ. Business adjourned to Wednesday, 22nd instant, and from thence to Friday, 24111instant, and from thence to Wednesday, 29th instant. BENCH TABLE Jul. 29

Top part of page illegible

[Present] Mr. Wyatt,

and Mr. Hardy.

The following letter, addressed to Francis Ludlow Holt, Esq., Treasurer, signed by Robert Grosvenor, from Buckingham Palace, and dated July 11, 1840, was read, and ordered to be entered into the Minutes:

1'11M/2/6.

179


1840 TRINITY TERM (Cont'd.) "I have this day had the honor [sic] to lay before His Royal Highness Prince Albert, the congratulatory address from the Treasurer and Masters of the Hono[u]rable Society of the Inner Temple upon Her Majesty's and His Royal Highness's recent most providential escape; and I am commanded by the Prince to convey to you, and all those who concurred with you in this address, the expression of His Royal Highness's sincere thanks for the gratifying sentiments it contained.Application of Mr. Edward Badeley, who was admitted upon his certificate from Lincoln's Inn by the name Top part of page illegible

[Mr Edward Zouch Badeley,37 to have the name Zouch struck out of his admission, BTO Index fol. 4]. [Mr. Charles Greenstreet Addison, a student, having kept twelve terms, to have permission to practise as a Special Pleader extended for one year, BTO Index fol. 49]. George Tickell, Esq., a barrister, having paid all dues, to have his name withdrawn and his bond delivered up. The thanks of the Society to be conveyed by the Sub-Treasurer to John Hargrave, Esq., for his present to the Library of a copy of his edition of -Jacobs Law Grammer". The thanks of the Society to be conveyed by the Sub-Treasurer to Henry James Holthouse, Esq., for his present to the Library of a copy of his work, entitled, "A New Law Dictionary". Ordered that the question submitted by Sir Frederick Pollock, whether it would be advisable for the Society to purchase for the use of the Library a complete set of Reports etc. from Committees of the House of Commons from the year 1800 to the year 1825 in about Top part of page illegible

BENCH TABLE Aug. 6

[Present ] The Bench having on the 29' last, referred to the Library Committee the question submitted by Sir Frederick Pollock, whether it would be advisable for the Society to purchase of Sir Robert Inglis for the sum of one hundred pounds a complete set of Reports etc. from Committees of the House of Commons from the year 1800 to the year 1825, in about 175 volumes bound, and the Committee having considered the

The Admission Stamp Duty Book gives his middle name as Lowth: he was admitted 27 Nov 1828 (ADM:4 10) and called 29 Jan 1841 (13AR!4/1).

180


1840 TRINITY TERM (Cont'd.) present state of the Libraryin respect to Parliamentarydocuments, and finding that there are a very large and valuable collection already in the Libraryand that amongst them there is a collection of Reports from Committees of the House of Commons from 1715 to 1800, are thereforeof opinion that they should be purchased,and by which addition they have no doubt that the Library Toppart ofpageillegible The Committee thereforeresolve that they be purchasedforthwithand that Sir FrederickPollock be requested to communicate the same to Sir Robert Inglis.

[signed]: "Examined, John Wyatt, Nov. 7 1840"

181


1840 MICHAELMASTERM

BENCH TABLE Nov. 3

Present The Treasurer,Sir CharlesWetherell,Sir FrederickPollock, Mr. Twiss, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt,Mr. Starkie,Mr. Rogers, Mr. Chilton, Mr. R. Richards, Mr. Armstrong,Mr. Wyatt, Mr. Dowdeswell and Sir John Beckett. Ordersof the last term were read. Messrs. John Thompson,Thomas HenryBaylis, William Cole Beasley and Thomas StamfordRaffles, students,to have permissionto practise as Special Pleadersfor one year. Messrs. W. Mellish Chambersand JohnCarlenHeath,students, Top part of page illegible

[to have permissionto practiseas Special Pleadersextended for one year, BTO Index fol. 49]. Mr. AlexanderWilliams Andersonand Mr. EdwardStone Darvell, having paid having paid all dues, to have theirnames withdrawnand their deposits returned. The Sub-Treasurerhaving reportedthatGeorge RowlandMinshull, Esq., late one of the Mastersof the Bench, died on 6thJuly last, and thatby his deatha set of Bench chamberssituateon the 2"dfloor west at No.7 Fig Tree Court,had become vacant,at a rentof £60 per annum; also, that HenryHall Joy, Esq., late one of the Mastersof the Bench, died on 7thJuly last, and thatby his deatha set of Bench chambers situateon the floor east at No.7 Fig Tree Court,had become vacant, at a rentof £84 per annum;also, that Sir RobertBaker, Top part of page illegible

[late one of the Mastersof the Bench, died on 12thJuly last, and that by his deatha set of] chamberssituateon the 1"floor northat No.11 PaperBuildings, had become vacant,at a rentof £105 per annum: orderedthatthe above three Bench chambersbe disposed of at the Parliamentto be held on 20thinstantand thatthe Mastersof the Bench have notice thereof. The Sub-Treasurerhaving reportedthatthe following set of chambers have devolved to the House:on the deathof HenryHall Joy, Esq., a set situateon the groundfloor south at No. 3 PaperBuildings(late of John groundfloor northNo. 12 PaperBuildings),and on the death 1t floor the on situate set a Society, this of barrister Trotter,Esq., a east at No. 1 Fig Tree Court:orderedthat Mr. Burge and Mr. Wyatt do view the same and reportthe annualvalue thereof.

182


1840

MICHAELMAS

TERM (Cont'd.)

Letter read from the Revd. W.R. Rowlatt,38 dated October 31, 1840, and addressed to The Treasurer, as follows: "The Temple Church having been closed for some months, I have been prevented from preaching the afternoon sermons, which either by special appointment, or otherwise, I have been for a long time accustomed to preach, and the Under Treasurer has not as I understand been yet authorized to make me the usual payment on that account. But as I am not aware of any reason for withholding it, that would not equally apply to every other payment for duty performed in the Church —as in fact there is no difference, but in point of form, between the Office of afternoon preacher, and that of Reader, which so far as I know, are every where permanently united, but in the Temple, I Top part of page illegible

as this would be to me, amounting as it would be more than a third part of my whole income from the Church, from a cause with which, I have obviously had nothing to do. I have therefore to request that you will be kind enough to take the necessary steps to relieve me from this very unpleasant and unexpected state of things. Connected with this subject, there is also another, which I must beg leave to bring under the consideration of the Bench of both Houses. There arc twelve poor women to whom I am in the habit (long established) of distributing the money collected at the Sacraments twice a year, namely at Christmas and Midsummer. This has for several years enabled me to pay them 25 shillings each at those two periods, or ÂŁ15 in the whole. But as there has been no collection, since Midsummer last, I shall be at Christmas without the means of giving them this money, unless the Societies shall be Top part of page illegible

enough to do." Ordered that the Treasurer, Mr. Burge and Mr. Wyatt be a Committee to confer with the Honourable Society of the Middle Temple upon the subject of the Sacrament money, and that the consideration of the other matters in Mr. Rowlatt's letter be postponed.

Should read the Revd. W. II. Rowlatt. Lover D. & Dark R., The Temple Church in London, London, 1997, p. 110, notes that the Master's I louse had been let to the aged and impecunious Reader, the Revd. W. II. Rowlatt, and his family of nine, which included several spinster daughters. Ile had to vacate the house in 1845 after 13 years and was a continual source of worry to the Bench regarding his circumstances.

183


1840

MICHAELMAS TERM (Cont'd.)

1

Top part of page illegible [Report read of the Joint Committee of the two Societies of the Inner and Middle Temple upon the repair and restoration of the Temple Church.] 39 "Meeting of the Joint Committee of 3rdNovember 1840, held in the Parliament Chamber, Inner Temple. Present: Inner Temple —The Treasurer (Mr. Holt), Mr. Burge, Mr. Spence, and Mr. Wyatt. Middle Temple —The Treasurer (Mr. Pollock) and Mr. Newland. It is unanimously resolved that the following Report be adopted and that copies of it be presented to the Parliaments of the two Societies at their first meeting this term." Further Report of the Joint Committee of the two Societies of the Inner and Middle Temple upon the repair and restoration of the Temple Church. "The Joint Committee of the two Societies by their Report of the 10thJuly last, put their respective Parliaments in possession of the manner in which they proposed to carry into execution the Orders of the Parliaments of the two Societies of the 29th May and the 2ndJune, and detailed the various works which they then contemplated. Their Report having been considered and discussed, the Parliament of the Inner Temple, by its Order of the 10thJuly, and the Parliament of the Middle Temple, by its Order of the 13thJuly, adopted the following Resolution: Resolved that the Bench see no reason to interfere with the proceedings adopted by the Committee in reference to the repairs of the Temple Church. But that the Top part of page illegible [Committee's attention be most particularly solicited to the position of the organ]. In their present Report the Committee are about to detail the progress they have made in executing the trust committed to them by the preceding Orders of the two Societies and at the same time bring under the consideration and obtain the sanction of the two Societies for some works not expressly directed by the preceding Orders but in the opinion of the Committee consistent with and calculated to give effect

wording, when given in Owing to the damage to the transcripts in the Bench Table Order Book, the square brackets, is taken from the original Reports in TEM/2/6.

184


1840 MICHAELMAS

TERM (Cont'd.)

to the desire entertained by the two Societies of restoring the Temple Church to its original beauty. The concluding page of the Resolution first cited, first engaged the serious and anxious attention of the Committee. They resumed the consideration of the position of the organ divesting themselves of any bias they might have been supposed to have received from the opinion which after long and careful deliberation they had already formed. The Committee proceeded to take the opinions of the most eminent architects and artists in London, namely, Sir Robert Smirke, Mr. Sidney Smirke, Mr. Cottingham and Mr. Blore, architects, and Mr. Etty R.A., and Mr. Willement F.S.A., artist in stained glass. The ill health of Sir Robert Smirke prevented him from visiting London and, as he himself expressed, precluded him from giving any opinion which could guide the Committee. The plan of putting the organ either over the western door, or in its former place, or at the east end over the altar was not sanctioned but disapproved of by all the gentlemen above referred to. With the exception of Mr. Blore, they all concurred in the plan of erecting a chamber for the organ outside the centre window on the north side of the Church in the manner in which it has been commenced and is now in progress. Top part of. page illegible [Two plans were suggested by Mr. Blore; one was proposed by him upon the contingency of its being practicable and which was to distribute the organ among the three arches between the square and round church. But this plan was wholly impracticable consistently with the due preservation of the organ, and]4° it would materially have interfered with the variety and beauty of the architectural combinations. The other plan proposed by him was to place the organ in a building to be erected at the north-west corner of the square church. This latter plan had before been under the consideration of the Committee. It had been suggested by one of the Masters of the Bench of the Inner Temple, Sir Charles Wetherell, and had been examined by the Committee with all the deference and respect due to him. A building in that situation would have imposed on the Societies the necessity of pulling down the chambers on the south side of Church Yard Court, so that even if the Committee had no other objection to the selection of that spot, they could not of course have adopted that plan. The plan of the Architect, Mr. Savage, to erect a chamber outside the centre window of the square church, was in the most unqualified

4()

VVording, when given in square brackets, is taken from the original

185

Reports in TEM/2/o.


1840 MICHAELMAS TERM (Cont'd.) manner approved of and recommended by Mr. Cottenham4i and Mr. Sidney Smirke, architects, and Messrs. Etty and Willement. In that approbation, the Committee had the satisfaction of obtaining the concurrence of several eminent individuals amongst whom they may name Mr. Harrison, Sir Frederick Pollock and Sir Alexander Croke. The Committee having again attentively considered the whole subject in all its bearings, were unanimously of opinion that the plan proposed by Mr. Savage should be adopted and the necessary directions were given for him to commence the chamber. It is satisfactory to your Committee to state that the only member of the Committee who had differed from them in the decision they had formed on this subject Top part of page illegible

[previously to the 10thJuly subsequently altered his opinion and expressed his entire concurrence in the proposed plan for the position of the organ. The Committee can further state that to have placed the organ between the round and square churches, would have- been a position not contemplated in the original construction of the Church, neither was it used for that purpose until after the Reformation. Prior to that period, this space was occupied by what is termed the roodloft. It is equally clear that the organ never was intended to be, and never was placed over the western door because to have placed it there would have obstructed the very beautiful wheel window which in the progress of the present work has been discovered. From the examples which St. Albans Abbey, Winchester Cathedral, Armagh Cathedral, the original chapel in Magdalen College,43 Ashbourne Church in Derbyshire and other churches afford, there is reason to suppose that the position of the organ in the Temple Church, prior to the Reformation, was in the chapel on the south side, which formed part of the original construction of the Temple Church, and which in consequence of its extreme dilapidated state was entirely removed in 1827. The position selected by the Committee is strongly recommended by the satisfactory considerations stated in the Reports of Messrs. Etty and Cottingham, which are annexed together with the other Reports.Variously written as Cottenham or Cottingham. Mr. L.N. Cottingham was the architect of many Gothic Revival buildings. 42 TEIVLI6. 4: NIL Cottmgnam quotes -in the palmy days of Gothic Architecture they [organs] were frequently put on one side of the choir, which was the case at Magdalen College Chapel, Oxford, where a chamber for the organ was erected opposite the present centre window on the south side of the choir, and projected into the tower court-. Mr. Savage similarly quotes this example. built by William Waynllete. 13ishop of Winchester, with an organ chamber projecting from the middle bay of five. the other tOur bays having windows in each, a case very analogous to what is here proposed [13TO Rook fols.I 72v and 1731. The site of the organ today in Magdalen College Chapel has been altered.

41

186


1840 MICHAELMAS

TERM (Cont'd.)

The Report continues in some detail relating to various other matters. The plan of Messrs. Potter and Garrett of South Molton Street, was accepted for the warming of the Church, and accounts for the same given, making a total sum of 034 15s. Od.44 It was found necessary to underpin some of the walls and buttresses on the north side of the church where the organ chamber "will become a most effectual buttress to that part of the building". "The floor of the furnace room being five feet below the floor of the Church, on examination it was found that the whole of the north side and east end of the Church and the two original catacombs were very imperfectly drained." On excavation a spring of water was found a little north west of the furnace room contributing also to the dampness of the ground. The Committee considered it necessary to reconstruct a new drain to remove flooding and consequent leakage of the coffins in the north catacomb, which had been the cause of the noxious effluvia frequently complained of in the church.45 "The time necessarily consumed in taking the opinions of architects and artists on the position of the organ and in considering that subject, as well as the construction of the drain, caused considerable delay in the commencement of the Top part of page illegible [building for the organ. The work of repairing, cleaning and restoring the interior of the Square Church and Round Church and particularly the groins of the ceiling and the Purbeck pillars, directed by the Order of the 29th May, brought to light the real condition of the roof and the pillars. It was discovered that they were in a most dilapidated and dangerous condition. A personal examination made by the Committee left them]4' in no doubt that such was their condition and the reparation indispensable for the upholding of the fabric for preventing some serious injury, was of a much more extensive character than was ever anticipated by the Committee or by the Parliaments of the Societies. It could not have been supposed that such could be the dilapidations and ruinous state of the fabric when it was represented in a work lately published by the late Baron Maseres, that the Church had been completely repaired in 181 1. It is now beyond all doubt that the dilapidations which have been now discovered were rather concealed than repaired by the work done at that time.

14

46

13TO Book, fols. 149v - 15 I are prĂŠcised in this calendar in this and the next two paragraphs. End of pr6cis, 131O Hook, fol. 15 1. IF:M/2/6.

187


1840 MICHAELMAS TERM (Cont'd.) On referring to the previous Orders of the Bench and to the works undertaken thereunder in 1810, 1811, 1826 and 1827, it does not appear that either of the Societies were acquainted with the actual state of the roof, ceiling and pillars. Indeed the thick coats of plaster and paint, with which these beautiful pillars had been disfigured, and the monuments affixed to some of them, must have concealed even from the architects themselves their actual condition. The Committee, in order that they might obtain the most accurate information of the state of the building, and for their own justification as well as that of the Architect, Mr. Savage, considered it right to call in another architect to examine the whole fabric of the building, and to report to them on its state and how far the present dilapidated condition Top part of page illegible

[of the building could have been known until the work, now in progress, had proceeded so far as it now is; and also to examine and report how far the works carried on in 1826 and 1827 had contributed to the actual repair, restoration and stability of the building, or whether those works were only of a temporary nature].47 For this purpose they selected Mr. Cottenham, a gentleman whose architectural knowledge and attainments are of the highest order and who had recently been engaged in the restoration of St Alban's Abbey, Magdalen College Chapel, Armagh and Rochester Cathedrals and Ashbourn Church. Mr. Cottenharn made the Report, which is hereto annexed, together with the Report of Mr. Savage, the Architect." The following are extracts from Mr. Cottenham's Report: "The works in 1826 and 1827 being a mere external casing of the south side of the Church (with a partial restoration of the columnar dado and ornaments at the back of the stone benches in the aisle of the Round Church or nave), did not much affect the stone groining or interior roof of the Church, which it appears had been in a very shattered state for many years. The repeated operation of "wash, stop and white" had so far concealed the defects from time to time as to allow the crippling settlement of the stone ribs to increase without much appearance on the face of the work, till the repairs in 1811, when the extraordinary measure of supporting some of them at the east end of the Church by means of iron rods passing through the stone ribs into timber beams above was adopted. The absurdity of this mode of supporting stone arches needs no comment. Inner roof or stone groining. A scaffolding having been erected for the purpose of repairing the defective parts a very little scraping on 47

TEM/2/6.

188


1840 MICHAELMAS

TERM (Cont'd.)

the surface and raking out the loose joints of the stone ribs brought to light the real condition of the roof, which proved to be in a very Top part of page illegible

[dilapidated and dangerous state throughout. Repairing such work is very tedious and difficult but in the present case absolutely necessary. Timber roof. The roof of the Church is composed of oak and chestnut timber, and is a vast mass of woodwork framed in three compartments with coupled rafters having no ridge-trees or windbraces. The whole body of the]4 roof has a leaning over towards the east end of the Church. To counteract which, oak cills, purlins and braces have been judiciously inserted over the nave and south aisle and I think it would be advisable to put in similar timbers to secure the roof of the north aisle. For the size of the Church this is the heaviest timbered roof I ever met with. It is in a very sound state and has been reslated with new lead gutters during the present repairs. Columns. The Purbeck marble columns supporting the groining of the roof are exceedingly light and beautiful, but having been at various times puttied and pointed over the defects occasioned by the tooth of time could not be seen until these modern blinds were removed, which being done, the joints of the marble and considerable portion of the surface of the small cluster columns were found to be in very decayed state requiring a great number of new pieces to be inserted. The bases also require lengthening out in the same marble down to the original floor line. The beauty of these columns when restored will well repay the labour. Exterior. The north side and east end of the Church require attention. Erecting the new organ chamber against the former, will greatly add to the strength of the wall, the buttresses of which are in a very weak state and the modern 9 inch brick parapet with which it is surmounted is in a dangerous state, and will not be safe to leave standing during the winter. The east end has been pasted over with a thin Top part of page illegible

[coating of cement which is pealing off in many places. These portions of the Church should be restored; no part of the present detail is correct]. The Round Church or nave. The six clustered columns of Purbeck marble which divide the central area from the aisle, were repaired in 1811 with a coating of Roman cement and slabs of Portland stone were cased round the bases]. The remains of this modern patching_ and pasting have been cleaned off and the venerable mutilated marble once more shown, but they are in so shattered and decayed

" 'IFNI 2 0.

189


1840 MICHAELMAS TERM (Cont'd.) a state that new marble columns are indispensable for the safety of the fabric. Fortunately sufficient mouldings are in existence to enable the architect to make a faithful restoration of these unique pillars. The groined ceiling round the circular aisle is in a very loose and shattered state and requires very careful reparation throughout. The twelve original apertures in the triforum or gallery should be restored, as also the marble columns, which support the arcade of interlaced arches. The six clerestory windows, which surmount the arcade should have the modern masonry cut back to its original depth of recess below the windows, down to the cornice which supports them. The modern wooden window frames should be removed and the glass carried back to the original stone window jambs. Great lightness would be effected by this restoration. The leanto roof, over the triforum or gallery, is of oak and in a very sound state on the south, and tolerably so on the north, or Middle Temple side. The staircase turret, on the north side of the Church should be restored. It is now merely patched up with brickwork and plaster. From the careful inspection I have been enabled to make of every part of the Church, I am of opinion that Top part of. page illegible

[the whole of the repairs now being executed are indispensable for its security and preservation; and that delay might have been attended with the most serious consequences, particularly as regards the very insecure state of the chalk groining].49 Upon recurring to the letter of the Committee of the 22'd September, I find they are pleased to request to be informed how far the present dilapidated state of the building could, or could not, have been known until the work, now in progress, had proceeded so far as it now is.)° To which I beg to answer, that it was utterly impossible to become informed of the state of the building, previous to the clearing off the superficial matters from the face, nor could the state be fully known, till the progress of the repair developed the parts in succession. It is a current [curious5I] fact that several chalked, groined roofs, which I have had occasion to inspect of the same period as the Temple Church, should have become equally dilapidated about the

511 51

TEM;2/6. Included by Mr. Cottenham as a separate part of his Report. Altered to curious in the Report TEM/2/6.

190


1840 MICHAELMAS TERM (Cont'd.) same time, particularly St. Saviour Church, Southwark and the north transept at Rochester Cathedral, all constructed on the same principle. Wedging up with tiles and slates and stopping in the joints as has been the case at the Temple Church, will prevent their falling for some time but eventually increases the evil; as such superficial means only tend to throw the arches off their proper bearing and disguise instead of repair the defect. I saw the Church at the commencement of the present repairs and certainly had no conception that the dilapidations from time and mutilations occasioned by the monuments were of so extensive a nature as they turn out to be. The scraping off the whitewash, colouring and painting and the slight coating of plaster, was the only way of Top part of page illegible [ascertaining the fact and the removal of the wainscoting, pews, floors, organ loft and monuments brought to light great imperfections in the clustered columns, piers and side walls, and I have no hesitation to say that it was impossible for any architect to get at the real state of the fabric till those means of examination were afforded].52 Previous to the repairs of 1826 and 1827, every thing appears to have been done in the most superficial manner, except the braces of the timber roofs. I am also of opinion that the present repairs, extensive as they certainly must be, could not have been dispensed with much longer, with any degree of safety to the congregation, and, after 30 years extensive practice in similar works, I feel it my duty to state that your Committee are most fully justified in the steps they are taking, as far as regards the absolute necessity of an immediate and extensive repair and restoration . "5

3

Your Committee feel no hesitation in giving full authority to the architect to proceed in making this reparation in the most complete and substantial manner as well as to restore the windows. The workmen have hitherto been engaged in that reparation and in erecting the chamber of the organ.

52 53

TEM/2/6. End of Mr. Cottenham's Report.

191


1840 MICHAELMAS TERM (Cont'd.) In carrying into execution the Orders of the Parliaments of the two Societies and in accomplishing their contemplated object of restoring the interior of the church to its original beauty, the Committee applied themselves to ascertain what was the original state of the ceiling. It was known to them, as it is to all persons acquainted with the architecture of the 12thand 13thcenturies, and especially in churches erected by the Templars, that the ceiling was not left in plain white chalk, but was highly painted and decorated. Although the Committee had no doubt that such must have been the original state of the ceiling of the Temple Church, yet as they had then no actual proof of it, they had after much Top part of page illegible [consideration, but very reluctantly, resolved not to have the ceiling painted. The Committee adopted that Resolution from their unwillingness to subject themselves to the possible imputation of having exceeded the authority committed to them. But upon washing off the numerous coats of lime white]54 and common colour from the chalk groins, several pieces of ancient decoration were discovered. With the proof thus before the Committee of the actual decorations of the ceiling they felt themselves not only fully authorised, but called on to restore such decoration and accordingly they resolved on such restoration. They selected Mr. Willement and directed him to furnish them with specimens of the manner in which he proposed to restore the decorations, and an estimate of the sum at which he would effect it. After the most careful and attentive consideration of those specimens, and of the authorities on which the selection rested, the Committee finally adopted the style, and manner in which he is now decorating the ceiling and he engaged to complete it for the sum of f311. The Committee have annexed Mr. Willement's most interesting Report. The Committee had the less hesitation in authorizing the decoration because on comparing the expense which must have been incurred in regilding the bosses and fillets of the arches (an expense which was unavoidable) with the sum for which Mr. Willement will complete the decoration, the expense of the latter exceeds the former by ÂŁ95 only. The expense of a scaffolding had it been required to have been erected on purpose would have cost an additional sum of ÂŁ120, which has been saved by embracing the present opportunity of performing the work. The repairs and acts of restoration, which have been

4

T M 2 '6.

192


1840 MICHAELMAS

TERM (Cont'd.)

Top part of page illegible [undertaken and are now in the course of execution, the former of which are indispensably necessary for upholding and maintaining the fabric, and the latter falling in with the previous Orders of the 29t1 May and 10thJuly. These repairs and acts of restoration not being then known or capable of[55 being discovered could not and did not form any part of the estimate accompanying that Report. Had it not been for these repairs and acts of restoration, the actual cost would not as the Committee believe have materially exceeded the sum then stated. The excess is entirely caused by these repairs and acts of restoration. The Committee, however, entertain no doubt that the respective Parliaments of the two Societies will fully sanction that increased expenditure and will concur with the Committee in considering it most providential that the act of restoration which they ordered has afforded the means of discovering the state of the building and of effecting its reparation before it had caused any injury. The pulpit, reading desk, altar screen, and organ screen, having been removed in conformity with the Report of the Committee of the 10th July, and which was followed by the Resolutions of the two Benches of the I Othand 13th of that month; the Committee directed that the pewing, altar and organ screens and wainscoting should be offered for sale. The pewing was taken at a valuation by the Committee for erecting [in] a Church within the liberty of the Rolls. The altar and organ screens and the wainscoting were sold at public sale, and the sum of 065 was obtained for the articles thus sold. The Committee did not consider it right that the pulpit and altar table should be offered to public sale and they submit to the Bench the propriety of placing them at the disposal of the Archbishop of Canterbury and Top part of page illegible [that the Committee should have authority to communicate with His Grace. They are altogether inconsistent with the style of the Temple Church and it was stated by the Committee in their Report of the 10th July that they should no longer be retained. The erection of another pulpit and altar table formed the subject of the estimate laid before the Bench on the 10th July together with the Report of the Committee already referred to].56

55 56

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1840 MICHAELMAS TERM (Cont'd.) The Committee have not yet proceeded to cxecute that part of the Order of the two Societies of 29th May, which directs that the ancient entrance doorway and porch be restored to its original state. It appeared to your Committee that the restoration of the entrance to the Church so as to exhibit the beauty of that entrance could not be properly effected without reclaiming the porch entirely for the Church and making the public continuation of the Inner Temple Lane west of it. The approach to the Church would be thus greatly improved and the porch and the Church would be exhibited to much greater advantage. A plan for the restoration has been submitted to the Committee and accompanies Mr. Savage's Report. The expense he estimates at about ÂŁ400: including the lessees claim for the diminished value of the chamber from whence the space is obtained for diverting the lane. That claim may be based upon a calculation that the chambers will be reduced in value about ÂŁ15 per annum. Your Committee strongly recommend the adoption of that plan. There is one subject connected with the restoration and embellishment of the Church, and upon which the Committee entertain a very strong opinion, to which they will now shortly advert, in order that the Parliaments of the two Societies may decide whether any proceedings shall be taken thereon. This is the question, whether Top part of page illegible [there shall be any stained glass windows placed in the Church. Your Committee looking to the period at which the Church was erected and to the extent of decoration in which at that time was adopted in such buildings, looking also to the fact of the ceiling having been painted and to the state of the walls being such as to have led to the use of tapestried areas, entertain a confident belief, that there must have been much decoration of stained glass. In this view somer addition of this description is in fact a restoration of the original state of the Church; but if the Committee are mistaken in this opinion it is quite clear to them, that the Church can at this day scarcely be deemed to have been properly embellished unless such an addition were made. The effect of the eastern windows being stained would be most striking. It would give an elongation to the Church, or as it was observed by an eminent artist, it would almost make the Church extend to Blackfriars Bridge. The Committee in looking to this point think that all the three eastern windows should be stained and that on account of the position of the organ chamber on the north side it would be desirable that the centre window on the south side should be stained but in a less elaborate manner and as that window is obscured in a degree by the

57

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1840 MICHAELMAS TERM (Cont'd.) proximity of the chambers standing in the centre of Tanfield Court, there is on that account an additional reason for staining the glass. Your Committee however, in the absence of any positive evidence of the existence of any stained windows at a former period, did not feel themselves warranted in going further than to consult Mr. Willement and have obtained from him designs and estimates which accompany this Report, and notwithstanding the total contemplated expenditure in other respects, they strongly anticipate the concurrence of the Parliaments in the propriety and necessity of adopting the four stained Top part of page illegible [windows as essential to the due embellishment of the Church and the only desiderata to render it perfect. The monuments in the Church, having been found to obstruct the progress of the repairs, the Committee after much consideration, came to the Resolution that it was necessary they should be removed and that for their reception a temporary shed should be erected in the Master's garden. Such shed was accordingly erected and the monuments carefully removed there. Their removal has disclosed a very beautiful and interesting remain near the east end of the south side which is a double piscina].58 Two small recesses have also been discovered near the east end, one on the north side and the other on the south, and two others on the eastern wall [obscured by the altar screen of 1682].59These were ambreys or cupboards for the service of the priest at the altar. A still more interesting discovery was that of the original wheel window over the western door of the Round Church, in excellent preservation. The removal of the monuments has disclosed the great damage done to the walls and especially to the pillars by their fixture. It becomes necessary therefore for the Parliaments of the two Societies to determine whether they shall be readmitted into the Church. It is not possible to affix them to the wall and pillars without anticipating that similar damage will occur. Further there has never been but one opinion amongst those who have studied and admired the architecture of the Temple Church that they had accumulated to such an extent as greatly to impair the beautiful effect of the building. Your Committee have thought on various means for so altering their future position in the Church as to remedy this evil. But they have been unable to devise any plan by which this can be satisfactorily accomplished and they are of opinion that with the exception of the monument of Bishop Heraclius, (which could be placed in an arched recess in the thickness of the wall) none other of the monuments should be replaced

58 59

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1840 MICHAELMAS TERM (Cont'd.) Top part of page illegible [in the Church, but that some other receptacle should be found for them and for this purpose they would suggest the erection of a monumental cloister round three sides of the Master's garden, to be approached from the Church. It might be so erected as to occasion no inconvenience and might be so built and ornamented as to be in perfect keeping with the Church. A slight sketch of such a building has been made by Mr. Savage and accompanies his Report. It is necessary that the Society should decide whether the monuments are to be replaced in the Church, because by that decision the manner of restoring the wall will be determined].60 The Committee directed an eminent artist to make a drawing of the Church in its original state with the ceiling painted in the style now in course of execution, and to make two copies of it one for each of the Societies. The drawings which accompany it represent the wheeled window and the recesses discovered on the removal of the plastering. The Committee having had occasion in their personal superintendence of the progress of the work to become acquainted with the actual condition of the cemeteries belonging to the Temple are of opinion that the present confined and crowded state of the churchyard presents a proper occasion when the Societies should give effect to the prevailing opinion that the continuance of cemeteries in the midst of a dense population is most injurious to health by prohibiting any future interments in the church yard except in the case of Mrs. Withers to whom the Society of the Inner Temple have already given a promise. The extent of the repairs of the Church having rendered it impossible that divine service could be performed therein during the present term, William Burge, representing the Committee, communicated that act to the Master of the Temple, the Revd. Christopher Benson, in the following letter: "My dear Sir, I am directed by the Committee for repairing and restoring the Temple Church to acquaint you Top part of page illegible [that contrary to their expectations the extent of the requisite repairs was found to be such as to render it impossible to complete them by Michaelmas Term. The Committee have thought it right to make this communication to you in order that any suggestions you may think proper to make for the performance of divine service during the 60

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ensuing term may be laid before the respective Parliaments of the two Societies"161 To that letter they received the following letter from the Revd. Christopher Benson: "My dear Sir, I was unable to answer your letter or call upon you yesterday being entirely incapacitated by one of my usual attacks of illness. I now take the opportunity before I leave London, of stating what I am sure will also be the feeling of the Benchers of both Houses, my anxiety that, if divine service cannot soon be resumed in the Temple Church, some other place may be sought for its performance. Whether arrangements can be made for this purpose before the November term I do not know, nor am I certain that I should be able personally to attend if they were. But I hope the Benchers of both Houses will take the matter into their serious consideration so as to prevent the congregation from being dispersed and to nourish in the students and others resident in the Temple the habit, so easily lost if long interrupted, of regularly attending to the duties of the Sabbath. I feel that I need say no more on such a subject, and shall be much obliged by your letting me know what is the decision of the two Parliaments." The Committee therefore came to the following Resolution, thc adoption of which they recommend to the respective Top part of page illegible [Parliaments of the two Societies. It is resolved: "That it be recommended to the two Parliaments of the two Societies that divine service be performed in the Middle Temple Hall on Sunday mornings, only during the repair of the Temple Church, and that the Middle Temple be requested tor- allow the use of their Hall tbr that purpose, and that in case the Middle Temple accede to this request, no other notice be given than by a written notice to be fixed in the Halls of the two Societies, and that no persons should be admitted into the Middle Temple Hall except members of the two Societies." The Committee justly appreciating the confidence reposed in them by the two Societies by their Resolutions of the 10'h and 13thJuly, and fully impressed with the responsibility of the trust they had undertaken, have endeavoured by their earnest and anxious attention to discharge it to the satisthction of the Societies. There has been no

6

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1840 MICHAELMAS TERM (Cont'd.) period in the long vacation during which the progress of the work has not been under the personal superintendence of some of the Committee and those members of the Committee who were absent from London were in communication with those who were on the spot. The Committee consider it due to Mr. Savage, the Architect, to represent his constant and unremitting attention."

2) Report from Mr. Savage of 31 Essex Street, Strand, dated 2nd November 1840, on the state of the Church. "The Report concerns the state and repair of the ceiling and roof, the process of cleaning off the repeated coats of whitewash, the building of a room for the furnace and boiler, the making of a new drain, the building of the new organ chamber, repair to the east end of the Church wall, restoration of the recesses under the windows of the clerestory in the Round Church, which at some former period had been walled up. In addition, the lowering of the external paving of the western porch to the intended level of the internal paving of the church, and the suggestion is put forward that the porch should be reclaimed entirely for the Church and the public continuation of Inner Temple Lane be made beyond it. "This would greatly improve the effect of the approach to the Church and would exhibit the porch and the Church to great advantage". The diversion would diminish the value of the chamber from which space is obtained, however, "the present tenant Mr. Fitzgerald, would like if the alterations be made to combine with it some alterations for his own convenience such as a separate chimney for the front room, a water closet etc." The Report comments on the decayed Purbeck marble pillars, in part the result of the "cuttings and insertion of irons for the support of the monuments" and that these columns should be replaced. The Committee had agreed to "approve of Mr. Burnell junior, proceeding to the quarries at the Isle of Purbeck, and also to Petworth to make arrangements for the supply of the marble". Regarding the monuments, Savage writes, "the monuments inside the Church being found to be a great impediment to the progress of the repairs, the Committee, after repeated consideration, were pleased to order that a temporary shed be erected in the Master's garden and that they be removed thereto. This has been carefully done, and the removal has disclosed the great damage done to the walls by their affixture. And I beg to call attention to the state of the walls before being repaired, as I think it may have an effect in determining the future arrangement of the monuments". He continues, "I beg again to advert to the great damage their fixture has occasioned to the walls. and which, if re-admitted, must be expected to occur again. In any way they will be a great incumbrance inside the Church, (and altho[ugh] 198


1840 MICHAELMAS TERM (Cont'd.) I have thought of the subject repeatedly) no arrangement has occurred to my mind, by which they may be exhibited with advantage as memorials in themselves, or without great inconvenience to the proper use of the Church. And I very earnestly recommend that they be entirely excluded with the sole exception of the tomb, said to be of Eraclius [sic], which may be placed in an arched recess in the thickness of the wall. I take leave to submit that every desirable object will be best attained by erecting and appropriating a separate building to the purpose —say a monumental cloister round three sides of the Master's garden. This can be made with great convenience, and so as to be ornamental and in character with the Church. A slight sketch is submitted herewith to show the practicability of the plan which may be matured hereafter if the idea be approved of." The Report also refers to the decayed state of the pew framings and timbers which became apparent on the finding of the original floor level of nine inches below the lowest part of the recent paving. Savage states, "an entire new arrangement was determined upon by which a greater accommodation was obtained, as well as a character of seats more consistent with that of the building. These seats are now in progress and will accommodate in the whole 460 persons, whereas the former pews only seated 394, and the opening of the Round Church will make that available also for a great addition of free or open seats." [In the BTO Book this is followed by the estimate for the additional expenses from Mr. Savage's Report.63]

3) Report on a survey by Mr. Lewis Nockalls Cottingham" of Waterloo Bridge Road, Lambeth, regarding the present state of the Temple Church and the suggested repairs necessary, dated October 26th 1840. 65 On the date of the building, Cottingham states that "the styles of the building would clearly point out the periods of its erection to be in the 12thand 13thcenturies, for notwithstanding the alterations additions and beautifyings it has undergone at various times.... The gradual change from the circular to the pointed arch style is curiously

This Report has not been calendared in full. For the list of expenses see BTO Book, fols. 160-165v and TEM/2/6. The total cost in Savage's estimate of 2 November 1840, for necessary work to be undertaken, is given at the end of the Report in TEM/2/6 as £14,530. This is in addition to his first estimate of £4,215, making a total estimate of £18,745. The entry is annotated in pencil "amount ordered by the Committee, sanctioned by the Bench, upon estimates from the parties". 64 Variously written as Cottenham or Cottingham. BTO Book, fols. 166-168 and TEM/2/6 give the full Rcport, which is here summarised.

63

199


I 840 MICHAELMAS TERM (Cont'd.) exemplified in the round part of this Church which seems to belong as much to one style as to the other; the pointed arches and moulding so far preponderating as to prepare the way for the full establishment of the early pointed style which followed in the eastern part of the church and is the most chaste and perfect specimen of plain light Gothic work in existence." Under the heading of previous repairs, he states, "it is deeply to be regretted that in the repairs of 181 1 and those of 1826 and 1827 which were much more extensive, greater research was not made to ascertain more correct detail. Works of this kind if correctly maintained, become standards of the art, but if innovation creeps in, as it has done in thc repairs alluded to, the beauty of the composition is lost and the building as a work of art is worthless." Regarding the decoration, he notes that "on washing off thc numerous coats of lime white and common colour from the chalk groins several pieces of ancient decoration in various colours were discovered which fully warrant the revival of the beautiful embellishments used in the middle ages on thc ceilings of similar buildings."66 "Monuments.67 The removal of the monumental tablets, which had accumulated to such an extent as to destroy the beauty of the building and greatly injure its stability, by cutting into the walls and columns regardless of consequences, is a very important improvement. Some place should be provided for their reception: to replace them in the Church after such extensive repair and reparation would destroy the beautiful architectural effect to produce which so much expense and care will have been bestowed. A cloister might be judiciously erected in the garden at the east end of the Church to contain them. The monumental effigies of the Knights Templars are not well disposed. They would have a much better effect if placed between the main pillars of the Round Church north and south thereby leaving the area of the nave clear and unencumbered." Amongst other repairs and alternations he notes, "the ancient stone seats on the north and south sides of the Church should be restored," and "a stone altar piece and table should be erected in suitable character and the walls ashlared with Caen stone."

He cites Trinity Chapel and Becket's Crown at Canterbury Cathedral as affording beautiful examples of this kind of interior roofing. Report 67 This section is not given here in the BTO Book. However, as part of Mr. Cottenham's Calendar. this in included is it interest, particular of being and (TEM/216),

66

200


1840 MICHAELMAS TERM (Cont'd.) Report from Mr. Lewis Nockalls Cottingham68, dated October 1840, in reply to the letter of the Committee of the 22'1September requesting information as to how far the present dilapidated state of the building, could, or could not, have been known, until the work, now in progress, had proceeded so far as it now is.69 Cottingham comments, "I have no doubt the builders employed at the Church, in 1811, were aware of the insecure state of the inner roofs, though not to the full extent that actually existed, but they were probably not instructed to go into the matter beyond a kind of churchwarden's "lick & promise", which left the building quite as bad as they found it ...... Previous to the repairs of 1826 & 1827 every thing appears to have been done in the most superficial manner, except the braces of the timber roofs." He concludes, "after 30 years extensive practice in similar works I feel it is my duty to state that your Committee are most fully justified in the steps they are taking, as far as regards the absolute necessity of an immediate and extensive repair and restoration." Report from Mr. Savage, dated 23rdJuly 1840, on the position of the organ.7° Report from Mr. Edward Blore, of 4 Manchester Square, dated 27" July 1840, on the position of the organ.71 Report from Mr. Sidney Smirke of 12 Regent Street, dated 17thJ.u•y 1840, on the position of the organ.72 Report from Mr. Lewis Nockalls Cottingham, dated July 27th 1840, on the position of the organ.73 Report from Mr. Etty of 14 BuckinOam Street, Strand, dated

23rdJuly 1840, on the position of the organ. 4 Report from Mr. Willement of Green Street, Grosvenor Square, dated 23rdJuly 1840, on the position of the organ.75 Report from Mr. Willement of Green Street, Grosvenor Square, dated 2"d November 1840, upon the painted ceiling etc. Variously written as Cottenham or Cottingham. BTO Book, folio 169 and TEM/2/6. 7° BTO Book, folios 170-173 and TEM/2/6. 71 BTO Book, folios 174-175 and TEM/2/6. 72 BTO Book, folio 176 and TEM/2/6. 73 BTO Book, folio 177 and TEM/2/6. 74 BTO Book, folio 178 and TEM/2/6. 75 BTO Book, folio 179 and TEM/2/6.

68

201


1840 MICHAELMAS TERM (Cont'd.) In this Report, Willement writes, "having been desired to report on the works entrusted to me in the Inner Temple Church, I beg herewith to offer a few observations on the way in which I am proceeding with the decoration of the vaulting and the ribs; a few words on the necessity of filling some of the windows with stained glass; and also the result of an examination into the origin of the devices now used as Arms by the Honourable Socicties of the Inner and Middle Temple."76 The Report goes into some depth regarding the history of the use of colours and ornament in church decoration and makes comparisons with early Christian architecture and the Chapel of St. Stephen, Westminster. He continues, "considerable remains were discovered on the ribs and vaultings of the Temple Church to prove that these had been originally painted in powerful colours but not in sufficient extent to warrant a restoration of any particular pattern. The manner in which it is now being executed is founded on examples which still remain of the same period, and which strongly assimilate to the decorations of the illuminated manuscripts coeval with the Church. The devices in the circular panels of the centre vaulting are founded on the arms at present used by the two Societies now holding the Temple, the horse represented with wings, and the Holy Lamb" [and flag]. The Report discusses in further depth the first use of such emblems. "Those in the side aisle are, the cross peculiar to Knights Templars, their banner77 and and cri-de-guerre, and the very expressive device of the cross of Christ triumphant over the crescent of the Saracens, this has been copied from an ancient seal belonging to the Master of the Temple in the year 1320." The Report continues, "with reference to the designs sent in for four of the windows, I would beg to observe that the insertion of stained glass into that window which occupies the centre of the east end, is not only desirable as a necessary completion of the general decoration, but essentially requisite here to give an appearance of additional elongation. The designs generally have been founded on stained glass windows still extant, which were executed at the same period as the erection of the Temple Church so that the whole The finest decoration may be consistent and harmonious. windows of this period [were] containing subjects from Holy Writ, the intervening spaces filled by foliage ornaments and the whole when there was sufficient space, enclosed within a rich and elaborate border. Such a border is particularly necessary in the centre opening of the middle eastern window here, to reduce its proportions to a more perfect accordance with the openings of the other windows." BTO Book. folio 180-183 and TEM/2/6 for full Report. the piebald standard with the upper part black, "black 7 ' The Templar's first banner was the Beauseant. and terrible to them that were miscreants" and the lower white, signifying their being "wholly white and fair towards the Christians-.

76

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1840 MICHAELMAS

TERM (Cont'd.)

Ordered that the Resolution of the Committee to have divine service performed in the Middle Temple Hall on Sunday mornings only, is adopted unanimously, and that application be made to the Middle Temple to allow the use of their Hall for that purpose. Upon the motion of Sir Charles Wetherell, seconded by Mr. Burge, it is ordered that a copy of the Report of the Church Committee dated this day, together with copies of all the documents accompanying the same, be sent to each of the Masters of the Bench. Top part of page illegible [The Sub-Treasurer to make out a statement of the probable balance that will be in the hands of, BTO Index fol. 90] the Society on the 31st December next, and lay the same before the Bench. Ordered that Mr. Le Froy be permitted to have access to the Library of this Society for six months during the usual hours. BENCH TABLE Nov. 6

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Sir Frederick Pollock, Mr. Twiss, Mr. Law, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Chilton, Mr. Armstrong, Mr. Dundas and Mr. Wyatt. Grand Day this term to be Wednesday, 18thinstant. Lettter read from Thomas Radford, Esq., a barrister of this Society, requesting he be disbarred in order to be admitted an attorney. Ordered that Mr. Radford be disbarred, and his name struck out of the Books of this Society, and his bond delivered up, and that he have a certificate of his disqualification, according to former precedent.78 Ordered that Mr. Edward Baldwin be permitted to have access to the Library of this Society for six months, during the usual hours. A further petition read from Mr. Richard James Corner, a student, and dated 5 November, 1840, regarding his employment as a Clerk of the Peace.79 He informs the Bench, that "in the month of August last your petitioner quitted the Office of the Clerk of the Peace for Surrey and has from that time altogether ceased to perform any duties connected therewith." He asks to be permitted to be called to the Bar in the present term.

78 79

Note in the margin to the effect, "this Order confirmed 13TO 16 Jun 1840.

203

in Parliament

the 1311Nov 1840".


1840

MICHAELMAS TERM (Cont'd.) Resolved Top part qf page illegible

on the subject of Mr. Corner's petition. BENCH TABLE Nov. 7

Saturday" The Treasurer giving notice, "that on Friday next, 13th instant, he will call the attention of the Bench to the circumstances set forth in the petition of Mr. Richard James Corner presented to the Bench on 12thJune last, before the Order made at the Bench Table of 7th instant is communicated to Mr. Corner"." BENCH TABLE

Nov. 10

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Sir Frederick Pollock, Mr. Twiss, Mr. Law, Mr. Courtenay, Mr. Burge, Mr. Spence, Mr. Chilton and Mr. Armstrong. Mr. John Charles Temple and Mr. John Robert Cornish, students, having kept twelve terms, to have their permission to practise as Special Pleaders for one year. George Long, Esq., admitted ad eundem to the Society on his certificate from Gray's Inn, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. William Judd Upton, a student, having paid all dues, to have his name withdrawn and his bond delivered up. The Sub-Treasurer reporting that John Hurlstone, the tenth waiter, requests permission to resign his situation: ordered that the resignation by accepted and that the Treasurer do appoint a waiter in his stead. Resolution read from the Parliament of the Middle Temple, held on 6th November 1840: "That this Society are willing to allow the use of their Hall for the purpose of divine service on Sunday mornings during the time the Church may be under repair: provided the same can be done legally, and without prejudice to the Top part of page illegible

8° No list of members present recorded. " Petition finally read on 16thJune, see BTO 16 Junc 1840.

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TERM (Cont'd.)

. to the Master of the Temple and the Church and that Committee to consider to consider the means by which this Resolution can be carried into effect and to act thereupon accordingly." Ordered that same be referred to the Church Committee of this Society, who are requested to act in conjunction with the members of the Church Committee of the Middle Temple, and that the thanks of this Society be conveyed to the Masters of the Bench of the Middle Temple for the use of their Hall for the above purpose on behalf of the members of this Society. Mr. Burge giving notice of motion for Tuesday, 24th instant, "that he will call the attention of the Bench to the following recommendations contained in the Report of the Joint Committee of the two Societies, upon the repair and restoration of the Temple Church, with a view to the Bench making such Orders thereupon as the Committee hope will enable them to carry the same into effect, viz.: To place the pulpit and altar table at the disposal of the Archbishop of Canterbury. Top part of.page illegible To [alter the entrance to the Church under the porch82] by a continuation of the Inner Temple Lane west of it. To have the three eastern windows and the centre south window opposite the organ fitted up with stained glass. To erect a monumental cloister round three sides of the Master's garden to be approached from the Church for the reception of the monuments and tablets. To prohibit any future interments in the churchyard. Report dated, Thursday, 12th November 1840 In pursuance of the BT() of Tuesday last, the Treasurer this day appointed Frederick Keene to be Junior Waiter in the room of John Hurlstone resigned. BENCH TABLE Nov. 12

Present Sir Charles Wetherell, Mr. Twiss, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Armstrong and Mr. Wyatt.

Taken ti-om 13.1'0 24 Nov 1840.

205


1840

MICHAELMAS

TERM

(Cont'd.)

Ordered that the Treasurer, Mr. Twiss, Mr. Burge and Mr. Wyatt be a Committee to inquire into the conduct of the waiters and servants of the Society employed in the hall and the kitchen. PARLIAMENT Nov.

13

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Erle, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Armstrong, Mr. G. Richards, Mr. Dowdeswell and Mr. Hardy. Philip Courtenay, Esq., to be Reader of this Society for the next Lent vacation, in the room of Henry Hall Joy, Esq. Pensions for last half-year

assessed single.

Officers of the House —allowances of 7/6 per man weekly wages during the last Easter and Trinity vacations.

as board

Ordered that the Rt. Hon. Lord Abinger, Sir George Rose and the Hon. Charles Ewan Law be requested to execute a power of attorney empowering Francis Gosling, Robert Gosling, Richard and Bennett Gosling of Fleet Street, bankers, and John Charles Sharpe of Fleet Street, gentleman, to transfer and sell one thousand five hundred pounds Bank Stock, standing in the names of Joseph Jekyll Esq., deceased, the Rt. Hon. Lord Abinger, Sir George Rose and the Hon. Charles Ewan Law, in trust for this Society for the use thereof. of Thomas Radford, Esq.," at the Bench Table on the Application 6` instant: ordered that he should be disbarred and his name struck out of the Books of the Society and his bond delivered up and that he which Order is should have a certificate of such his disqualification, at this Parliament confirmed. BENCH Nov. 13

TABLE

Present The Treasurer. Sir Charles Wetherell, Sir George Rose. Mr. Twiss, Mr. Law, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Erie, Mr. Burge, Mr. Spence, Mr. Platt, Mr. G. Richards, Mr. Armstrong, Mr. Dowdeswell and Mr. Hardy. Mr. Geome Mellish and Mr. Henry King. students, having kept twelve terms, to have permission to practise as Special Pleaders for one year.

-;

2nd instant. Altered in Acts of Parliament in pencil to William Fraser, Esq. at the Bench Table on the

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1840 MICHAELMAS

TERM (Con(d.)

Mr. Richard James Corner to be at liberty to offer himself to be called to the Bar this term. as a result of the difficulties presented in his earlier application now being removed [BTO 12th June last]. BENCH TABLE Nov. 17

Top part of page illegible [Present [

, Mr. Twiss,

Mr. Spence, Mr. Rogers, Mr. Chilton, Mr. R.V. Richards, Mr. G. Richards, Mr. Armstrong and Mr. Wyatt. Mr. Joseph Phillips, a student, to have permission to practise as a Special Pleader extended for one year. Mr. Francis Greensill, a student, to have permission to practise as a Special Pleader extended for one year. PARLIAMENT Nov. 20

Present The Treasurer, Sir Charles Wetherell, Mr.Flarrison, Sir Frederick Pollock, Mr. Twiss, Mr. Law, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Sir William Webb Follett, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Richards, Mr. G. Richards, Mr. Armstrong and Mr. Hardy. Messrs. James Townsend Saward, William Taprell, Richard James Corner, John Nodes Dickinson, Henry Lushington, Robert Gore, Charles John Herries, William Lonsdale, Edward James Wallace, George Markham Giffard, Herbert Broom, Thomas Phinn, William Smyth, Joseph Henry Venables, John Whitlock Nichol!, William Thomas Preston and William Cope, called to the Bar. Ordered that the following gentlemen be a Committee for the consideration and regulation of all matters relating jointly to this Society and the Middle Temple: the present Treasurer, Sir Charles Wetherell, Mr. Harrison, Mr. Wyatt, Sir Alexander Croke, Sir George Rose, the Rt. Hon. Lord Lam_Wale,Sir Frederick Pollock, the Hon. Mr. Law, Mr. Holt, Mr. Courtenay, Mr. Burge, Mr. Spence and Mr. Dowdeswell. Disadmittance from, and admissions to, Bench chambers with tines of 40s:The Treasurer, fi-om Bench chamber one pair of stairs No. 8 Fig Tree Court to Bench chamber late of Sir Robert Baker. one pair of stairs north No.11 Paper Buildings.

207


1840

MICHAELMAS TERM (Cont'd.) Philip Courtenay, Esq., from Bench chamber one pair of stairs No.2 Hare Court to Bench chamber late of Francis Ludlow Holt, Esq., one pair of stairs No. 8 Fig Tree Court. Cresswell Cresswell, Esq., from Bench chamber area south No.10 King's Bench Walk to Bench chamber late of Philip Courtenay, Esq., one pair of stairs No. 2 Flare Court. Francis James Newman Rogers, Esq., to Bench chamber late of Cresswell Cresswell, Esq., area south No. 10 King's Bench Walk Frederick Thesiger, Esq., from Bench chamber two pair of stairs south No. 2 Tanfield Court to Bench chamber late of Henry Hall Joy, Esq., one pair of stairs east No. 7 Fig Tree Court. Sir William Webb Follett, from Bench chamber ground floor south No. 10 Farrar's Buildings" to Bench chamber late of Frederick Thesiger, Esq., two pair of stairs south No. 2 Tanfield Court. William Burge, Esq., from Bench chamber one pair of stairs in the Flail staircase to Bench chamber late of Sir William Webb Follett, ground floor south No. 10 Farrar's Buildings. George Chilton, Esq., to Bench chamber late of William Burge, Esq., one pair of stairs in the Flall staircase. Thomas Starkie, Esq., to Bench chamber late of George Rowland Minshull, Esq., two pair of stairs west No. 7 Fig Tree Court. John Edmund Dowdeswell, Esq., to be Master of the Library and Reader of this Society for the next Lent vacation. Philip Courtenay, Esq., to be Treasurer of this Society for the ensuing year. BENCH TABLE Nov. 20

Present The Treasurer, Sir Charles Wetherell, Mr.Flarrison, Sir Frederick Pollock, Mr. Twiss, Mr. Law, Mr. Courtenay, Mr. Thesiger, Mr. Cresswell, Sir William Follett, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. C'hilton, Mr. Evans, Mr. R.V. Richards, Mr. G. Richards, Mr. Armstrong and Mr. Hardy. Mr. Thomas Wood, a student, having paid all dues, to have his name withdrawn, his deposit returned and his bond delivered up.

84

For an unknown reason this property is referred to here as No. I 0 Farrar's Buildings.

208


1840 MICHAELMAS TERM (Cont'd.) The Treasurer calling the attention of the Bench to that part of Mr. Rowlatt's letter, which was postponed from consideration by the Bench on 3rdNovember instant: resolved that the Masters of the Bench do not recognize the claim made therein by Mr. Rowlatt as matter of right. Ordered that the sum of twenty four guineas be granted to the Revd. Mr. Rowlatt out of the Treasury of this Society, each Bencher having waived his own right of nomination to appoint an afternoon Preacher during the time the Temple Church has been under repair. BENCH TABLE Nov. 24

Top part of page illegible [Present] Mr. Twiss, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Chilton, Mr. R.V. Richards, Mr. G. Richards, Mr. Armstrong, Mr. Dundas, Sir Edward Hyde East, Mr. Wyatt and Mr. Hardy. Mr. Wyatt and Mr. Burge reporting that they have viewed the chambers lately devolved to the House by the demise of Henry Hall Joy, Esq., situate on the ground floor south at No. 3 Paper Buildings, consider the annual value to be ÂŁ120; also, that they have viewed the chambers lately devolved to the House by the demise of John Trotter, Esq., situate one pair east at No. 1 Fig Tree Court and consider the annual value to be ÂŁ50: ordered that each set be let at the sum so reported. Mr. Charles Winston, a student, to have permission to practise as a Special Pleader extended for one year. Top part of page illegible [Memorial read from Mr. John Charles Kelly, BTO Index fol. 247] dated 23ni November, 1840. Concerning the peculiar circumstances he requests to be allowed to keep the present term. "He left home in the west of Ireland on Wednesday last (being obliged from severe illness to postpone his departure until that day) and was detained at sea much longer than usually occurs, on account of the very boisterous state of the weather and did not arrive in London until late on Friday evening, the last day for keeping the term Since his arrival he has attended every day in the Hall". Ordered that under the particular circumstances of the case Mr. Kelly be allowed the present term as kept, he having dined three days in Hall. Ordered that the sum of ten pounds be given to Sarah Dollery, widow of John Dollery, late Under Porter, as a gratuity in response to her further petition for relief.

209


1840

MICHAELMAS

TERM

(Cont'd.)

Top part of page illegible [Upon the motion of Mr. Burge, Resolutions adopted by both Societies as to the repair of the church, BTO Index fol.148] viz.: That in future no interments do take place in the Church yard [as] recommended by the Church Committee (except in the case of Mrs. Withers, therein mentioned). That it be referred to the Church Committee to dispose of the pulpit, sounding board and altar table, by sale, in such manner as they shall think proper. That the entrance to the Church under the porch be altered as suggested by the Church Committee in their Report. That the placing of stained glass in the four windows of the Church mentioned in the Report be referred to the Church Committee. And, that the consideration of the erection of a cloister to receive the monuments and tablets be postponed until the first Parliament of the ensuing Hilary term.

Top part of page illegible by Sir Charles Wetherell as to the total of the sums proposed to be expended, BTO Index fol. 148] "in the repair, of the Temple Church, with restoration and embellishment specifications of each head of expenditure, and that the further consideration of the Report be adjourned till the above information [The motion

has been laid before the Bench". BENCH Nov. 27

TABLE

Present The Treasurer, Sir Charles Wetherell, Sir Frederick Pollock, Mr. Twiss, Mr. Courtenay, Mr. Burge, Mr. Evans, Mr. Armstrong, Mr. Chilton and Mr. Wyatt. Business adjourned BENCH

Dec. 8

The same was negatived.

to Tuesday, 8t1 December

next.

TABLE

Present The Treasurer, Sir Charles Wetherell, Sir Frederick Pollock, Mr. Twiss, Mr. Law, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton,

Top part of. page illegible

[Mr. Cosby Thomas Nesbitt, a student, BTO Index tbl. 49], having kept twelve terms, to have permission to practise as a Special Pleader for one year.

210


1840 MICHAELMAS TERM (Cont'd.) Frederic Albert Winsor, Esq., a student, who was called to the Bar by the Middle Temple, to have his name withdrawn and his deposit returned. Petition read from Mrs. Mary Charlotte Joy, widow of Henry Hall Joy, Esq., late one of the Masters of the Bench, "that her late husband held a set of chambers upon his own life situate at No. 12 Paper Buildings, which he bought of Richard Baker, Esq., in the year 1812. That as a Bencher of this Society, he had the privilege of transferring the chambers to a young life without payment of a fine, and that it was his intention so to do, but in consequence of his very sudden death, he was prevented from carrying such his Top part of page illegible

upon the life of the children is very considerable..." She requests "that the Bench will under the circumstances allow her to put in a young life, either with or without payment of a fine". Ordered that the Sub-Treasurer do inform Mrs. Joy that the Bench regret that the Rules of this Society will not allow them to comply with her request. Business adjourned to Tuesday, 15thinstant. BENCH TABLE Dec. 15

Present Sir Charles Wetherell, Mr. Twiss, Mr. Courtenay, Mr. Burge, Mr. Thesiger, Mr. Starkie, Mr. Armstrong and Mr. Wyatt. Mr. Richard Nathaniel Philipps, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Mr. Benjamin Wyatt Greenfield, who withdrew his name from the Books of this Society in 1835, with the intention of taking Top part of page illegible

[requests to be readmitted, being now desirous of offering himself for the Bar, BTO Index fol. 49]. Ordered that his request be complied with upon paying up all dues to the present time.

211


1M1

PHILIP COURTENAY, ESQUIRE

TREASURER

1 January to 31 December 1841

MASTERS OF THE BENCH attending Bench Table and Parliament

Sir Charles Wetherell, Mr. William Harrison, Esquire, Sir George Rose, Sir Jonathan Frederick Pollock (the Attorney General), Sir William Webb Follett (the Solicitor General): Horace Twiss, Esquire, The Hon. Charles Ewan Law, Francis Ludlow Holt, Frederick Thesiger, William Erle, Cresswell Cresswell, Richard Preston, William Burge, George Spence, Thomas Starkie, Thomas Joshua Platt, Francis James Newman Rogers, George Chilton, John Evans, Robert Vaughan Richards, Griffith Richards, Robert Baynes Armstrong, David Dundas, William Whateley, Matthew Talbot Baines, Esquires, The Hon. James Stuart Wortley, John Wyatt, John Edmund Dowdeswell, John Hardy, Stephen Lushington, D.C.L., Esquires, Sir John Beckett and Henry Hallam, Esquire.

Solicitor General

1841-1844.

212


1841 HILARY TERM

BENCH TABLE Jan. 12

Present The Treasurer, Sir George Rose, Mr Twiss, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Evans, Mr. Dundas and Mr. Wyatt. Orders of last term were read. Mr. Thomas K. Kingdon and Mr. Richard Edward Turner, students, to have permission to practise as Special Pleaders extended for one year. H. Macnamara, Esq., to be permitted access to the Library of this Society for six months, during the usual hours, while compiling a work on the "Science of Pleading". Thomas Edward Briarly, Esq., a barrister, being engaged in preparing for the press, a publication on "Banks of Issue", requesting permission to take out of the Library for a short period some Parliamentary Reports and other works upon the above subject: ordered that this request cannot be complied with. The thanks of the Society to be conveyed by the Sub-Treasurer to Thomas Vesey, Esq., for his present to the Library of a copy of his work, entitled, "Decline of the English Language: The Causes and Probable Consequences-. The Sub-Treasurer reporting the deaths of Dorothy Collins and Ann Mills, pensioners of the Society. Report read of the Joint Committee of the two Societies, on the Repair and Restoration of the Temple Church, dated 15th December, 1840, viz.: "The Church Committee beg to represent to the Masters of the Bench that in order to carry out the Resolution of the Bench, as recommended by the Joint Committee of the two Societies, for diverting the public footway of the Inner Temple Lane, in order to retain the ancient porch solely tbr the use of the Church, they have proceeded to make arrangements (subject to the sanction of the Bench) with the proprietor and occupier of the chambers, ground floor north at No. 10 Farrar's Building (a portion of which chambers will be required for the improvement) in the following manner, and which the Committee are satisfied cannot be done upon more advantageous terms for the Society, viz.: Samuel Hughes, Esq., the beneficial proprietor of the chambers, should receive an annuity of ÂŁ45 per annum during the life of John

213


1841 HILARY TERM (Cont'd.) Tomkyns, Esq., the life proprietor, being the amount the chambers are now let at for the whole of his interest therein, the same being surrendered by the life proprietor to the Society. The chambers thus become the property of the Society. The Committee have arranged with Seymour FitzGerald, Esq., the lessee under Mr. Hughes, that in consequence of the proposed alteration by which one of the rooms of the chambers will be very much diminished, and upon his surrendering his lease to the Society, the Bench will grant him another lease for the same term, under them, at the reduced rent of £30 per annum. It is considered that the diminution in the value of the chambers, consequent upon the alteration, is £15 per annum in perpetuity, to be borne by the two Societies, and consequently, that part of the Committee consisting of the members of the Middle Temple have agreed on the part of their Society to pay to this Society, the sum of £150, being their moiety of the purchase of such diminution in the value of the chambers. The Committee therefore hope that the Bench will sanction these arrangements in order that the same may be carried into effect." Ordered that the Report be confirmed. Mr. Harrison giving notice of motion for Tuesday next, -that he will call the attention of the Masters of the Bench to the Resolution made at the Bench Table on 21't November, 1834, respecting the case of John Horatio Lloyd, Esq., a barrister, with a view to the same being rescinded; or to their making such Order therein as to the Masters of the Bench shall seem just." BENCH TABLE Jan. 15

Present The Treasurer, Mr Twiss, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Evans, Mr. G. Richards, Mr. Wyatt and Mr. Hardy. The Sub-Treasurer reporting that John Emilius Daniel Edward Finch Hatton, Esq., one of the Masters, died on 10thinstant and that by his death a set of Bench chambers situate No. 6 Fig Tree Court, had become vacant, the rent being E 1 10 per annum: ordered that they be disposed of at the Parliament to be held on Friday, 29th instant, and that the Masters of the Bench have notice thereof. Grand Day this term to be Wednesday, 20th instant. The following application from the proprietors and occupiers of chambers in the vicinity of Crown Office Row, read:

214


1841 HILARY TERM (Cont'd.) "We whose names are hereunto subscribed, the owners and occupiers of chambers in the neighbourhood of Crown Office Row, beg leave respectfully to call your attention to the annoyance which we experience from the present state of that part of the Temple. In consequence of its being paved with stone, the noise which is occasioned by the constant traffic of carts and carriages passing that way produces very serious disturbance and inconvenience to us, and is often a hindrance to many of us in our business as every other road in the Temple is of gravel. We see no reason why this should be an exception and we therefore most earnestly beg that you will be pleased to give immediate directions, either for its being macadamised, or for its being paved with blocks of wood, similar to those which have been used in some of the public thoroughfares of the metropolis, which latter plan we particularly recommend to your consideration." Ordered that the applicants be informed that the Bench think such a measure highly desirable, but they are under the necessity of postponing it for another year from the consideration of other heavy expenses which the Society have to incur this year in. Ordered that copies of the following Report of the Church Committee, dated l 3th instant, and copies of the two annexed Reports of Mr. Savage, the Architect, dated 4t1 and 13th instant, be sent to the Masters of the Bench. Further Report of the Church Committee, dated Wednesday, 13th January 1841. "To the Parliaments of the two Societies of the Temple. "The Joint Committee of the two Societies, appointed to superintend the repair of the Temple Church, further state that in their Report of 3rd November last, there were several matters upon which the Committee were desirous of having the opinion of the Parliaments of the two Societies, the Committee considering such matters as not included in the powers previously delegated to them, and upon which matters, as they are to be brought under the consideration of the Parliaments, the Committee are desirous of submitting some observations. These mattcrs relate to the completion of the repairs of the eastern end of the Church in a substantial and permanent manner, instead of being repaired so far only as might cbe] necessary for its preservation, as suggested in the Report of 29" May last. The repair and restoration of the staircase turret, so as to receive the bell.

215


1841 HILARY TERM (Cont'd.) The construction of a cloister to receive the monuments and tablets which were formerly fixed in the square and Round churches. The two former of these matters were included specifically in the amount of expenditure submitted to the Parliaments on 3rdNovember last, but upon which the decision of the two Parliaments was not taken, and the last partially discussed in the Parliament of the Middle Temple, and its further consideration specially postponed to the present term. Upon these several matters your Committee have bestowed their continued and serious consideration, and have for your information desired the Architect, Mr. Savage to draw up Reports which will now be laid before you. Your Committee however, cannot bring these matters forward without offering to the Parliament some observations of their own. It will be recollected that at the commencement of the repairs, the proposed expenditure was to a very limited extent; there being no knowledge of the real condition of the buildings or that the necessity did or could exist for so thorough a repair, as has since been found absolutely essential to support the edifices, and prevent its early destruction. Prior even to this discovery, the views of the Parliaments had been enlarged very considerably, as will appear by reference to the Resolution of the Bench of the two Societies upon the Report of this Committee of 10thJuly last, when the proceedings of the Committee, founded upon the powers rested in them by the two Societies in the preceding May were approved and confirmed. The extensive and dangerous dilapidations of various parts of the building both as to the Square and Round Church, ascertained in the progress of the work between July and November, rendered a still greater extent of expenditure necessary, and the Report of riNovember was therefore laid before you. The erection of the organ chamber which involved the rebuilding of two of the buttresses on the north side of the Church, created a necessity from the ruinous condition of all the remaining buttresses and of the parapet wall. As well as from the character of the organ chamber, and the repair that had been made to the roof, the Middle Temple should incur the expense of repairing and casing with stone the north side of the Church in a way similar to that in which the Inner Temple, at their own cost had cased the south side of the Church in 1827. This, the Parliament of the Middle Temple sanctioned accordingly upon the Report of the Committee, and had in anticipation of this circumstance recommended that the partial and temporary repair of the east end of the Church, which would be borne between the two Societies, should be sanctioned by the Parliaments in order that no


1841 HILARY TERM (Cont'd.) future repair might be required for a very great length of time. They included in their Report an estimate of that expense amounting to £1,500 as a point upon which the vote of both Parliaments was to be distinctly obtained. This vote not being then taken, remains for consideration. One of the objects included in your Committee's Report of November last [as] was a suggestion that the three eastern windows should be of stained glass, to which the Parliaments assented and referred the erection of them to your Committee. These windows are in progress, but it appeared from the Reports of Mr. Savage that the condition of the stone work of those windows was such as to render them incapable of receiving and safely supporting the stained glass windows with the wire protection which would be required on the outside, and your Committee felt themselves warranted in directing that such repairs and alterations should be made to the windows as should fit them to receive the stained glass. The necessary expenses thus to be incurred amount to £500 and will be in diminution of the above sum of £1,500 for the perfect repair of the east end of the Church. The question therefore of rendering perfect and complete the whole of [the] exterior of the Square Church, by making the east end as substantial as the rest, resolves itself into an expenditure of E 1,000, which would probably be required to be done after no inconsiderable lapse of time, if not done at present, and which therefore, the Committee hope the two Societies will on these considerations not hesitate now to sanction. The repair of the turret and rendering it fit to receive the bell, which was also mentioned in the Report of November, and the expense of which was estimated at £500, was overlooked accidentally, and your Committee being of opinion that this is a work so obviously necessary to complete the repairs now in progress, do not feel called upon to make any particular observations thereof The very important subject of placing the monuments and tablets in a cloister to be attached to the Church instead of upon the walls of the Church itself, has since the last term been a subject of serious consideration with your Committee. The removal of these monuments and tablets during the repairs of the Church to a place of security, was absolutely necessary for their preservation as the operation in the Church could not have properly proceeded whilst they remained in their places. Many of the old monuments completely concealed parts of the building which must in future be exposed to view, and the whole of them would injure and disfigure the edifice if placed upon the walls, as those walls will be when completed. Indeed, unless the great part of the beauty and effect of the restoration of the two Churches, the Round and the Square, both in respect of the columns and the walls, is to be absolutely and entirely destroyed, it will be totally impracticable to replace the monuments and tablets at 217


1841 HILARY TERM (Cont'd.) all as they were before. In considering the great expenditure now taking place and which will in the opinions of all the ablest judges, render the Church one of the most splendid and perfect specimens of its kind of architecture, your Committee cannot avoid to urge most strongly upon both Societies to adopt the suggestion of placing the monuments and tablets in a cloister which can be so attachcd to the Church as to form a great convenience for the ingress and egress of the congregation hitherto confined to one door, and thereby afford a much better opportunity for viewing and examining the monuments and tablets than if they were to be replaced in the Church. It will not escape the attention of the Parliament that the estimate in Mr. Savage's Report for the expense of the cloister included the cost of replacing the monuments and tablets which must necessarily be incurred, however they are disposed of. The Report of the Architect laid before the Parliament on this occasion, so far as it relates to the intended paving with tiles, will be found interesting [to] us [as] a matter of architectural accuracy, while it has the advantage of operating to save a considerable sum originally contemplated to be expended in paving the Church with Purbeck marble." Report of Mr. James Savage, dated 13thJanuary. To the Committee appointed by the two Societies of the Inner and Middle Temple for conducting the repairs of the Church. "I beg leave to call the attention of the Committee to the state of the east end wall of the Church. Immediately on receiving instructions that Mr. Willement's proposal for stained glass windows was accepted, I stated my opinion that it would not be safe to fix them in the present jambs and mullions, [and] that it would be necessary for that purpose that new stone jambs and mullions should be provided [in] the three east end windows. My estimate for these being ESN, part of the former estimate of ÂŁ1,500 for the entire repair of the east end externally. These window jambs the Committee were pleased to order being a matter of necessity and they are now in progress. I have further considered it necessary to shore up the buttresses previous to the repair of the easternrnost bay of the groined ceiling which is also now in progress. I beg leave to state that it will not be prudent to remove these shores until the buttresses are rebuilt in a solid and substantial manner. I also beg leave to submit that as the Middle Temple have been pleased to direct the completion of the repair of the north side in like manner as the south side was done in the year 1827, it would be highly unfit that the east end should be left in an imperfect state incurring the 218


1841 HILARY TERM (Cont'd.) necessity of watching it until its complete repair which it would absolutely require at no great distance of time. And I beg to call to the notice of the Committee that the £500 for the new window jambs being already agreed to, leaves only £1,000 as the amount in question for the remainder of the works to complete the east end, and thereby to complete the whole of the exterior of the building except where it is encumbered with adjacent chambers. There is also another point in my Report and Estimate of 21K1 November last, to which I beg to call the attention of the Committee, viz.: "repairing and restoring the staircase turret and hanging the bell therein, £500". To which I respectfully beg to add the subject of the monumental cloister for which, having profited by the suggestions of the Committee at their last meeting, I now submit another sketch which will interfere less with the Master's House than the former sketch and which I estimate at £2,500 including fixing monuments therein. Having lately obtained permission from Sir Francis Palgrave to take up the wooden floor of the Chapter House [at] Westminster, for the purpose of examining the original tile paving, which being of the same date as the Temple Church is an example completely in point; I find the paving to be in the most excellent preservation and of great variety in the patterns of the devices but alike in colour throughout, viz., a red ground with coloured ornaments. Copies having been submitted to the Committee and Mr. Minton having attended and confirmed his written undertaking to supply and complete the whole in the time required and at a certain price, the Committee were pleased at their last meeting to confirm the Order. And, I beg leave to congratulate the Committee on having the means of thus completing the restoration of that important part of the Church, in a manner which undoubtedly agreed with its original state and intention, and which the advantage of inspecting the Chapter House of Westminster has given the opportunity of effecting in the most satisfactory manner, being a building of same date and style and originally of equal splendour throughout. It is also a further satisfaction that this beautiful paving will actually be completed for less than half the expense estimated to complete it in Purbeck marble." Report of Mr. James Savage, dated 4thJanuary: "To the Committee appointed by the two Societies of the Inner and Middle Temple for conducting the repairs of the Church. In pursuance of your directions at the Committee on 21st December, I beg leave to state that I have reviewed and consider the state of the works in reference to the time of their completion and am 219


1841 HILARY TERM (Cont'd.) satisfied that the whole of the works for the restoration of both the Round and Square parts of the Church will be completed for divine service by the first day of November next. The recent backward appearance of some parts of the works has been occasioned by a considerable delay in the supply of the Purbeck marble; a cargo stated by Mr. Burnell six weeks ago to be on the way, not having yet arrived. Mr. Burnell has been to the Island whence he returned on 29th December, stating that a freight was On board a vessel ready to sail as soon as the frost should break, and that he had made arrangements to secure henceforth a regular weekly supply. Having reason to believe that this is the case, there can be no doubt of completing the work in time, unless some very unforeseen circumstance should occur, of which I have not the slightest expectation. Of course, I rely upon every exertion being made by the workmen and every practicable facility being afforded to them that thc premises will allow of. For this purpose I have extended the workmens' sheds in the churchyard, I made an entrance through the Master's garden for the admission of materials, in addition to which I shall take care by constant personal attendance to keep up that vigilant attention to the men which will best ensure the steady progress of the works. Respecting the ashlaring of the walls inside the Church, I submit that it is absolutely necessary to proceed with it forthwith and without waiting the decision for placing the monuments. The repair of thc wall must commence in the lower part and proceed regularly to receive the marble string under the windows. It has been before explained that the larger monuments which project considerably from the walls cannot be admitted without great inconvenience to the proper use of the Church, and with respect to the tablets, which it has been suggested may be placed against the wall, supplying so far as they extend, the place of the intended new ashlar, I have to state that this cannot be done without great danger to the body of the wall, and materially increasing the time and expense of the repair. The removal of the present rubble face, and applying the ashlar, should be done course by course and being done small portions at a time will be easily managed and controlled by the workmen. Whereas the tablets, being of various sizes and in surface much exceeding the separate pieces of ashlar will present much more difficulty; they cannot be combined with the wall so as to form a component part of it assisting to its strength and stability as the ashlar will do. On the contrary, the tablets will be a constant weight and dratz upon the wall tending to destroy its stability. Under any circumstance, I therefore recommend that the ashlar be completed independent of the tablets; and it may then be considered if it be possible to devise any means of admitting them without great and evident impropriety. Even the introduction of the tablets into the Church will not supersede the necessity of making some arrangements for the larger projecting 220


1841 HILARY TERM (Cont'd.) monuments upon which I understand the opinion to be pretty well decided that they cannot be readmitted into the Church without serious injury to the building, as regards its durability, convenience and beauty, in which opinion I fully concur. If a monumental cloister be resolved upon, it would be of considerable advantage to the projects of the works if it could be combined with the reinstatement of the external walls of the Church. And, I beg leave to call the attention of the Committee to the important suggestion of George Spence, Esq., of the necessity of providing convenient access to the Church at or near the east end. And which more especially to the ladies attending the Church will be of great importance both in the approach and retiring therefrom. This can be done very easily and completely effected by a cloister communicating with the Church on each side of the altar, entrances to the cloister being made from Tanfield Court, and from the churchyard. The cloister will be very useful as a vestibule or waiting hall, and will at the same time give a much more favourable means of contemplating the monuments than it is possible to obtain in the Church." BENCH TABLE Jan. 19

Present The Treasurer, Mr. Harrison, Sir Frederick Pollock, Mr. Twiss, Mr. Thesiger, Mr. Cresswell, Mr. Erle, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Evans, Mr. Chilton, Mr. R.V. Richards, Mr. G. Richards, Mr. Armstrong, Mr. Dundas, Mr. Wyatt, Mr. Hardy and Mr. Lushington. Mr. Thomas Gladstone, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. Harrison, pursuant to notice having this day called the attention of the Bench to the Resolution made at the Bench Table on 21st November 1834, respecting the case of John Horatio Lloyd, Esq., a barrister of this Society, with a view to the same being rescinded or to their making such Order therein as to the Masters of the Bench shall deem just, and Sir Frederick Pollock having moved that a Committee be appointed to lay before the Bench the communications and the evidence upon which it is suggested that there are grounds for altering or rescinding such Order: the motion is negatived. The following Order received from the Middle Temple, and signed by Edward Eldred, the Sub-Treasurer, read, viz.: "At a Parliament of the Middle Temple, held on 15thJanuary 1841. Upon the further Report of the Church Committee, dated 13th instant, being read. Ordered that:

221


1841 HILARY TERM (Cont'd.) This Parliament adopt the recommendation of the Church Committee to perfect the repair of the east end of the quadrangular Church, and that power be vested on behalf of this Society in the Committee for that purpose. That this Parliament do sanction the repair of the turret for the reception of the bell, as recommended by the Church Committee. That this Parliament do sanction the erection of a cloister communicating with the Church for the reception of the monuments and tablets, and do, on behalf of this Society, refer to the Church Committee to consider of a plan for such cloister, and to lay the same before the next Parliament." PARLIAMENT Jan. 22

Present The Treasurer, Mr. Harrison, Sir Frederick Pollock, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Cresswell, Mr. Erle, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Wyatt, Mr. Dowdeswell and Mr. Hardy. Dissolved. BENCH TABLE

Jan. 22

Present The Treasurer, Mr. Harrison, Sir Frederick Pollock, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Cresswell, Mr. Erle, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Wyatt, Mr. Dowdeswell and Mr. Hardy. Mr. Burge, pursuant to notice having this day [been] brought under the consideration of the Bench, the Further Report of the Church Committee of 13thJanuary instant, and having thereupon moved that the following Resolutions adopted by the Middle Temple be likewise adopted by this Society, viz.: That this Parliament adopt the recommendations of the Church Committee to perfect the repair of the east end of the quadrangular Church, and that power be invested on behalf of the Society in the Committee for that purpose. That this Parliament do sanction the repair of the turret for the reception of the bell, as recommended by the Church Committee. That this Parliament do sanction the erection of a cloister communicating with the Church for the reception of the monuments and tablets, and do, on behalf of this Society, refer to the Church

227


1841 HILARY TERM (Cont'd.) Committee to consider of a plan for such cloister, and to lay the same before the next Parliament. Ordered that the same be adopted on the part of this Society. BENCH TABLE Jan. 26

Present Sir Charles Wetherell, Mr. Holt, Mr. Burge, Mr. Preston, Mr. Spence, Mr. Starkie, Mr. Evans, Mr. Armstrong, Mr. Wyatt, Mr. Dowdeswell and Mr. Hardy. The thanks of the Society to be conveyed by the Sub-Treasurer to Mr. Burge, a Master of the Bench, for his present to the Library of a copy of his pamphlet, entitled, "Observations on the Supreme Appellate Jurisdiction of Great Britain, as it is now exercised by the Courts of the Queen in Council and the House of Lords". Memorandum —Mr. R.M. Annesley, a member of this Society, having applied this day for relief, the Masters of the Bench present subscribed fl each for his use. PARLIAMENT

Jan. 29

Present The Treasurer, Sir Charles Wetherall, Mr. Holt, Mr. Thesiger, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Evans, Mr. R.V. Richards, Mr. G. Richards, Mr. Armstrong and Mr. Wyatt. Messrs. Alfred Pearson Hurlstone, Edward Badeley, Edward Herbert Bunbury, John MacDowall, John Thomas Henry Peter, Henry Wall Turner, Edwin Plumer Price, Gerard Wolfe Lydekker, James Parker Deane, Charles Packer and Thomas Cobbe, called to the Bar. Disadmittance from, and admissions to, Bench chambers with fines of 40s:The Treasurer, from Bench chamber one pair of stairs No. 8 Fig Tree Court to Bench chamber late of John Emilius Daniel Edward Finch Hatton, Esq., ground floor, one pair of stairs and area No. 5 King's Bench Walk. Frederick Thesiger, Esq., from Bench chamber one pair of stairs east No. 7 Fig Tree Court to Bench chamber late of Philip Courtenay, Esq., one pair of stairs No. 8 Fig Tree Court. Cresswell Cresswell, Esq., from Bench chamber one pair of stairs No. 2 Hare Court to Bench chamber late of Frederick Thesiger, Esq., one pair of stairs east No. 7 Fig Tree Court. 223


1841 HILARY TERM (Cont'd.) William Burge, Esq., from Bench chamber ground floor south No.10 Farrar's Buildings to Bench chamber late of Cresswell Cresswell, Esq., one pair of stairs No. 2 Hare Court. Thomas Joshua Platt, Esq., from Bench chamber two pair of stairs east No. 7 Fig Tree Court to Bench chamber late of William Burge, Esq., ground floor south No.10 Farrar's Buildings. John Evans, Esq., to be admitted in and to Bench chamber late of Thomas Joshua Platt, Esq., two pair of stairs east No. 7 Fig Tree Court. Philip Courtenay, Esq., aged fifty six years on 19thAugust last, having by surrender desired to be disadmitted of and from all that chamber situate on the second floor north No. 9 King's Bench Walk, together with the third floor north over the same consolidated thereto, lately rebuilt with the cellars thereunto belonging (formerly known as the second staircase in Serjeant Harnpson's Buildings with the garrets over the same), and that Mr. Francis Courtenay, a member of this Society, aged twenty two years on 31st October last, should be thereof admitted for his own life. Ordered that Francis Foljambe Courtenay be admitted in and to the said chamber two pair of stairs north No. 9 King's Bench Walk with the three pair over the same and cellars, for his own life without fine in consideration of the said Philip Courtenay having given bond to pay into the Treasury of this Society two thirds of the expense incurred in rebuilding the same, and for his admission to pay 40s. Philip Courtenay, Esq., having by surrender desired to be disadmitted of and from all that chamber situate two pair of stairs south No.11 King's Bench Walk, and the vault thereunto belonging, being the second towards the south, and that Mr. Philip Warner Courtenay, a member of this Society, aged twenty seven years on 16thJune last, should be thereof admitted for his own life. Ordered that Philip Warner Courtenay be admitted in and to the said chamber and vault for his own life, and for his admission to pay 40s. Philip Courtenay, Esq., Treasurer of this Society, having purchased of Samuel Hughes, Esq., a barrister of this Society and the proprietor, all that chamber situate ground floor north No.10 Farrar's Buildings with the cellars thereunto belonging (formerly known as ground chamber north opposite the Church door), for the use and benefit of the Society; to which the said chamber and cellar the Revd. John Tomkyns, a member of this Society, aged fifty seven years on 18th December last, was at a Parliament held of this Society on 16thNovember, 1816 admitted for his own life, and for which purchase the said Samuel Hughes, his executors, administrators or assigns, is to be paid an annuity of E45 per annum from 25th December last past, payable half yearly, viz. on Midsummer Day and Christmas Day in every year, and an aliquot portion thereof up to the day of the said John Tomkyn's 224


1841 HILARY TERM (Cont'd.) demise. In consideration of which said annuity so to be paid to the said Samuel Hughes, his executors, administrators or assigns, the said John Tomkyns at the request of the said Samuel Hughes desires thereof to be disadmitted. Ordered and enacted that the said annuity of ÂŁ45 per annum be paid to the said Samuel Hughes out of the Treasury and funds of this Society, for and during the natural life of the said John Tomkyns, in the manner aforesaid, in consideration of such purchase. BENCH TABLE Jan. 29

Present The Treasurer, Sir Charles Wetherall, Mr. Holt, Mr. Thesiger, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Evans, Mr. R.V. Richards, Mr. G. Richards, Mr. Armstrong and Mr. Wyatt. The Sub-Treasurer reporting that Robert Hebden, Esq., a member of this Society died on 23rd instant and that by his death a set of chambers situate ground floor west No. 3 Fig Tree Court had devolved to the House: ordered that Mr. Wyatt and Mr. Burge view the same and report the annual value thereof. The thanks of the Society to be conveyed by the Sub-Treasurer to Sir Alexander Croke, for his present to the Library of his work, in two volumes, entitled, "The Progress of Idolatry: a poem in ten books, The Three Ordeals or the Triumph of Virtue, in 5 cantos, and Studley Priory and other Poems". Report to the two Parliaments of the two Societies of the Temple, dated 29111January 1841, from the Church Committee upon the subject of the Monumental Cloister, read as follows: "The Joint Committee appointed to superintend the repair and restoration of the Temple Church, beg to report upon the plan of a cloister which the Parliaments of the two Societies, after adopting the recommendation of thc Committee to erect a cloister to communicate with the Church for the reception of the monuments and tablets, desired should be laid before them. The same considerations of personal respect for the Master, which induced the Committee in earlier stages of their proceedings to apprise him of the plans which they had adopted, led them to communicate to him the proposed plan of the cloister No.1 . As the Master had himself suggested in the first instance, the impropriety of allowing the monuments and tablets to remain in the Church, the Committee entertained no doubt of his concurrence in the proposed plan, as it was obviously impracticable to erect a cloister which would not in some degree require a portion of the garden attached to the Master's House. His reply however, was unfavourable as he 225


1841 HILARY TERM (Cont'd.) considered it his duty to act for his successors, but he intimated that he would be immediately in town and would meet the Committee. An appointment was accordingly made for that purpose, prior to which the Committee, with the object of accommodating the plan of the cloister in a greater degree with the Master's views, caused Mr. Savage to prepare the plan (No. 2) which proposes a passage of only six feet wide at the east end of the Church leading to a cloister in the churchyard of greater extend than that proposed by the plan No.1 to compensate for the diminished capacity of the portion at the east end. The Committee accompany this Report with an extract from the Royal Grant of the Temple relative to the Master's residence and also with the letters received from the Master, first in reply to the communication to him of the plan No. 1, and afterwards subsequent to his interview with the Committee when both the plans Nos. 1 and 2 were submitted to his consideration. The short interval, however, which has elapsed since the receipt of the Master's last letter, which arrived only this morning, induces the Committee to request that an adjournment of the Parliament may take place to allow the Committee to give to the subject some further consideration." Extract from Royal Grant above referred to: "Trustees will from time to time set apart and appoint a convenient mansion and house near the aforesaid Church for the aforesaid Master or Keeper of the house and Church aforesaid and his successors, for the time being for his residence and habitation so long as the Master or Keeper of the said house or Church shall remain and will maintain the same at their own proper costs and charges for ever.Copy of letters above referred to: 1)

from the Revd. Christopher Benson,2 Worcester, and dated, January 23rd 1841:

"On returning to Worcester yesterday, I met with your note and the plan of the proposed cloister. It appears to me, if I at all understand the pian, that it will be a considerable encroachment upon the Master's Garden and a considerable disadvantage to thc Master's House. To myself personally, this would be, for many reasons, a matter of little importance. But I am bound to think and act for my successors and to maintain their rights, if they have any, and to prevent any interference with their comforts and convenience to the utmost of my power. And

Christopher Benson, M.A., Master of the Temple 1826-1845. Letter counter-signed in the Bench Table Order Book, "William Burge, [sq.2

226


1841 HILARY TERM (Cont'd.) that duty I trust I shall not shrink from, and I cannot also but think that the Benchers should, and I hope will prove as tender as myself in diminishing the comforts of the Master's House, and as anxious before they proceed to carry their projects into execution, to ascertain what the real claims and rights of the Master are. I write all this on the supposition that I am correct in my opinion as to the encroachment and inconvenience, which will result to the Master's Garden and House from the schemes in contemplation. But in order to remove all doubt and misapprehension, I propose being in London on Monday and seeing you early on Tuesday. In the meantime any letter stating your wishes about the hour for seeing me will reach me if directed to me at the Atheneum Club. Believe me, my dear Sir, Yours very truly, Christopher Benson P.S. I cannot conclude without expressing regret at the long interruption of the Temple Service." 2)

dated, January 29'h 1841:

"The Master of the Temple presents his compliments to the Committee for superintending the repair and restoration of the Temple Church and to state to them respectfully that after giving his mature consideration to the two plans suggested for the erection of a cloister at the east end of the Church, he cannot come to any other conclusion than this: viz, that the execution of either of those plans would be a material encroachment upon the Master's garden; materially diminish the light and comfort and materially lessen the circulation of air near the Master's House, which is even now too scanty and confined for the healthiness of that House as a permanent residence for a family. He cannot therefore feel himself at liberty, by giving his consent to either of those plans, to place his successors in a worse situation than himself, nor can he sanction the scheme of rendering their residence less "convenient" than the Masters of Bench in former times thought that, in obedience, to thc directions of their Patent they were bound to make it. The Master of the Temple in conclusion, begs to express his regret that his wish to decide properly has induced him to defer this communication to so late a period: and to assure the Masters of the Bench of his readiness to accede to any arrangements consistent with the duty he owes to his Office, and by which a residence not less convenient than the present one might be obtained for the future Masters of the Temple."

227


1841 HILARY TERM (Cont'd.) Ordered that the question be adjourned to Wednesday, 10th February next. The proprietor and occupier of the house and premises No.117 East Corner of the Inner Temple Lane, having applied for permission to open the ground floor windows of that house formerly looking into the Lane according to a plan furnished by thcm: ordered that the subject be referred to the Chamber Committee.

The following award of thc Referees as to the value of the Alienation Office and Garden was read: "The Alienation Office and the vacant ground or garden etc. in the rear thereof, in the Inner Temple London. We whose names are undersigned, have surveyed this property, which is stated to be extra parochial and free of land tax, and that the value or sum herein named by us is to be binding upon the vendors and vendees whether so freed or not. We have also endeavoured carefully to consider the whole circumstances of the property, especially with reference to the garden or vacant ground, and whether any or what portion thereof may according to our judgement and experience, be employed for building purposes, having due regard to surrounding rights of light and air. Upon the whole, we are of opinion that the fair value of the fee simple is three thousand and seven hundred and fifty pounds, exclusive of any fixtures such as stoves, usually considered tenants fixtures. London, 9th January 1841 Rob. Smirke James W. Higgins Furnival's Inn" Ordered that the same be adopted. Petition of Mr. J.A. Hardcastle, a student of the inn, read as follows: "Your petitioner dined in Hall three times in Flilary Term 1839 in expectation and full intention of keeping the ensuing term at Cambridge. Unforeseen circumstances of a private nature prevented your petitioner from his intended residence at the University and he has in consequence lost the term. He will thus be unable to apply to be called until Michaelmas Term next, by which [time] he will incur a delay of five months. He considers this delay will be very prejudicial to his interests. Your petitioner humbly requests that you would be 228


1841 HILARY TERM (Cont'd.) pleased to take his case into consideration with a view to allow him to be called in Trinity Term next." Ordered that Hilary Term 1839 be allowed to Mr. Hardcastle upon his producing a certificate that he was at liberty to keep the Easter Term of 18393 at the University of Cambridge, and that he is still a member of that University. N.B. Certificate produced accordingly. BENCH TABLE Feb.1

Present Sir Charles Wetherall, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Preston, Mr. Starkie, Mr. Platt, Mr. Evans, Mr. Armstrong and Mr. Wyatt. Ordered that George Chilton, Esq., be allowed the present term, he being prevented from dining in the Hall through severe indisposition. Business adjourned to Wednesday next, le

instant.

BENCH TABLE Feb. 10

Present The Treasurer, Sir Charles Wetherall, Mr. Twiss, Mr. Law, Mr. Holt, Mr. C'resswell, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Evans. Mr. Armstrong and Mr. Wyatt. Mr. Thomas J. Mazzinghi, a student, to have permission to practise as a Special Pleader extended for one year. Report of the Church Committee, dated 9'h instant, was read as follows: -

To the Parliaments of the two Societies of the Temple.

The Comnlittee for superintending the repair and restoration of the Temple Church beg to report, that they have much considered the plan for a cloister for the reception of the monuments and tablets; but in consequence of the decided opposition expressed by the Master, to the construction of any building which should interfere with, or encroach on the garden in front of his House, and which opposition, the Committee tbund, from some expressions used by the Master to the Under-Treasurer of the Inner Temple, extended also to the erection of a cloister on any part of the churchyard, he alleging that that space, having been hitherto uncovered with building, contributed to the circulation of air to his House, which the erection of a cloister thereon

'File date 1839 is included

in a lighter pen.

229


1841 HILARY TERM (Cont'd.) would in a great measure intercept. Your Committee have been led to resolve to recommend the further postponement of the question for the present. The completion of the Church for the purposes of divine service as early as possible is highly desirable, and may be effected quite irrespective of the erection of a cloister. To this, the Committee are desirous of directing their entire attention, in order that when that object should be accomplished, the erection of a cloister which may take place without material interference with the Church itself, may then be maturely considered, as your Committee are satisfied, that the force of the objections of the Master will then be felt differently by him and the absolute necessity of the measure universally admitted. Your Committee therefore, feeling a strong reluctance to adopt or recommend any measure which should have the slightest semblance of a disregard of thc Master's expressed views, or import the smallest disrespect to him, recommend that the plan of the cloister may be generally adjourned." Ordered that the Report be adopted. Business adjourned to Wednesday next, 17thinstant. BENCH TABLE Feb. 17

Present The Treasurer, Sir Charles Wetherall, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Rogers, Mr. Evans, Mr. Starkie, Mr. Wyatt, Mr Dowdeswell, Mr. Hardy and Sir John Beckett. Resolved that a Committee be appointed to investigate the rent, dues and accounts of the Society and report to the Bench, on the instigation of the Treasurer. The Committee to be formed of the Treasurer, Mr. Spence, Mr. Starkie, Mr. Wyatt and Mr. Hardy and to be invested with full powers to represent the Bench. instant. Business adjourned to Wednesday next, 24111 BENCH TABLE

Feb. 24

Present The Treasurer, Sir Charles Wetherall, Sir George Rose, Mr. Law, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Evans, Mr. Wyatt and Mr. Hardy. Ordered upon the application of Mr. William Nathaniel Massey, who was admitted a member of this Society in 1826 by the name of William Nathaniel Massey Baker, that the name of Baker by erased from such his admission, he having dropt that name with the consent of his guardian twelve years since.

230


1841 HILARY TERM (Cont'd.) Letter received by Mr. Jeremy Simpson, the Society's Solicitor, from Messrs. J. M. Chawner and James Pennethorne of 7 Whitehall Yard, upon the subject of the Alienation Office, dated 23rd February 1841, read as follows: "We are directed by the Commissioners of Her Majesty's Woods etc. to ascertain from you whether the Benchers of the Inner Temple desire that the ground storey and attic rooms of the Old Alienation Office should be cleared previous to their completing the purchase of those premises; that, if so, we may take the proper measures for causing them to be cleared accordingly. We believe that there are papers in those rooms or some of them to which Mr. Sherwood of the Common Pleas, has occasionally to refer." Ordered that the Solicitor do inform Messrs. Chawner and Pennethorne that the Society will require that not only the ground floor and attic rooms of the Alienation Office should be cleared, but that also every part of the premises should be wholly unoccupied previous to their completing the purchase with the Crown. Ordered that the Society's Solicitor be instructed to watch the progress of the Poor Law Amendment Bill now in Parliament with a view to protect the interests of this Society in the matter. Business adjourned to Wednesday, 3rd March next. BENCH TABLE Mar. 3

Present The Treasurer, Sir Charles Wetherall, Mr. Holt, Mr. Burge, Mr. Starkie, Mr. Wyatt and Mr. Hardy. Ordered that William M. Best, Esq., a barrister of Gray's Inn, be permitted to have access to the Library of this Society for six months during the usual hours. Ordered that application be made for a credit from the Bankers to an amount not exceeding ÂŁ2500 till the end of next term, by the Church Committee. Business adjourned to Wednesday next, 10th instant. BENCH TABLE

Mar. 10

Present The Treasurer, Mr.Law, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Wyatt, Mr. Dowdeswell and Sir John Beckett. Ordered that this Table be adjourned to Wednesday next, 17th instant.

231


1841 HILARY TERM (Cont'd.) BENCH TABLE Mar. 17

Present Mr. Twiss, Mr. Burge, Mr. Spence, Mr. Holt, Mr. Wyatt and Mr. Dowdeswell. The thanks of the Society to be conveyed by the Sub-Treasurer to Messrs. William B.Gurney, Joseph Gurney and Thomas Gurney for their present to the Library of a copy of "The Trial of the Earl of Cardigan before the House of Peers-. Business adjourned to Wednesday next, 24th instant. BENCH TABLE

Mar. 24

Present The Treasurer, Sir Charles Wetherall, Sir Frederick Pollock, Mr. Burge and Mr. Spence. Mr. Spence having on the part of Robert Vaughan Richards, Esq., offered to the Society so much of his cellar at No.10 Farrar's Buildings as may be required for the proposed improvement of the Temple Church porch: ordered that the same be accepted and that the thanks of the Society be conveyed by the Treasurer to Mr. Richards in his place at the Bench Table. It is the opinion of the Benchers this day assembled that Mr. Rowlate has no right to the payment of sermons which have not been preached, and that they are not aware of any appointment of Mr. Rowlatt by the Bench collectively or by individual Benchers, whose patronage it is, to preach any sermons for them since June 1840 if any sermons could have been preached. On both these grounds, Mr. Rowlatt's claims for sermons not preached and which he was not appointed to preach, cannot in their opinion be admitted and more especially, on the latter ground as directly breaking in upon the undoubted privilege and patronage of the Benchers of this Society. but that the consideration of this question be adjourned until the first Tuesday in Term. Resolved that a credit for three thousand pounds additional be asked for the Society from Messrs. Goslings & Sharpe, the Bankers. Ordered that the staircase of No. 12 Paper Buildings be put into repair and that the south wall projecting into the LNirdenbe repaired and coloured.

Appears as Rowlett in earlier 131.0 Books.


1841 EASTER TERM

BENCH TABLE Apr. 16

Present The Treasurer, Sir George Rose, Sir Frederick Pollock, Mr Twiss, Mr. Thesiger, Mr. Spence, Mr. Burge, Mr. Platt, Mr. Evans, Mr. Chilton and Mr. Dundas. Orders of last term were read. Mr. Alexander Richard Kirkpatrick, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. John Sugden, a student, having paid all dues, to have his name withdrawn, his deposit returned and his bond delivered up. Grand Day this term to be Wednesday, 5th May. Letter from the Treasurer of Gray's Inn and addressed to the Treasurer of this Society, regarding the subject of granting the same privileges to the members of Durham University as are granted to the members of the Universities of Oxford, Cambridge and Dublin by the four Inns of Court: ordered that the Treasurer be requested to confer with the other Inns of Court upon this subject. Resolved that the Church Committee be authorized to ascertain whether the Middle Temple can assist this Society in the payment of their proportion of the expenses of the repair and restoration of the Temple Church. Mr. Chilton giving notice of motion for Tuesday next, "that the Church Committee be directed to secure the completion of the works remaining to be done in the Temple Church by contract at certain specified sums to be laid before the Bench, and sanctioned by them before further expense is incurred." Mr. Spence giving notice of motion for Tuesday next, "that the Church Committee bc authorized to instruct Mr. Willement to complete the decoration of the east end of the Square Church, and also the decorations around the windows of the Square Church according to a plan then to be submitted to the Bench". BENCH TABLE

Apr. 20

Present The Treasurer, Mr. Harrison, Sir George Rose, Sir Frederick Pollock, Mr. Thesiger, Mr. I3urge, Mr. Spence, Mr. Erle, Mr. Platt, Mr. Starkic, Mr. Rogers, Mr. Chilton, Mr. Armstrong, Mr. Dundas, Mr. Wyatt and Mr. Hardy.

233


1841 EASTER TERM (Cont'd.) The consideration of Mr. Chilton and Mr. Spence's notices of motions of 16th instant, by consent postponed. Letter of the Sub-Treasurer of the Middle Temple, Mr. Edward Eldred, addressed to Mr. Martin. Sub-Treasurer of the Inner Temple. read: In reply to your letter concerning the Resolution of the Masters of the Bench of your Hon. Society dated 16thinstant, [which] was laid before Masters of the Bench of this Society. I am directed by them to inform you that taking into consideration the very heavy demands upon them, they very much reeset that the funds of this Society are not in a condition to allow them to comply with the request." -

Upon reconsideration of the Revd. Mr. Rowlatt's application for the afternoon sermon money, pursuant to the BTO 24th March last: resolved that Mr. Rowlatt's application, appearing to be a claim of right, cannot be acceded to. Resolved on the part of this Society that the repairs of the Temple Church be suspended from Saturday evening next. But this Resolution not to apply to the alteration now in progress of thc chambers No.10 Farrar's Buildings for diverting the public footway of the Inner Temple Lane. PARLIAMENT Apr. 23

Present Sir Charles Wetherall, Mr. Harrison. Mr. Law, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. G. Richards, Mr. Armstrong, Mr. Dowdeswell, Mr. Wyatt, Mr. Hardy and Sir John Beckett. Pensions for last half-year assessed sinule. Officers of the House - allowances of 7/6 per man weekly as board wages during the last vacation. BENCH TABLE

Apr. 23

Present Sir Charles Wetherall, Mr. Harrison, Mr. Law, Mr. Burge, Mr. Spence. Mr. Platt, Mr. Starkie. Mr. Chilton. Mr. Evans. Mr. G. Richards. Mr. Armstronu. Mr. Wyatt. Mr. Dowdeswell. Mr. Hardy and Sir John Beckett.

234


1841 EASTER TERM (Cont'd.) Further Report of the Committee for the repair and restoration of the Temple Church, dated 23rd April 1841. "The Committee for repairing the Church would have considered it their duty to have made the Parliaments of their respective Houses acquainted with the progress made in the execution of the trusts committed to them even if the circumstances which the Committee are now about to bring under thc consideration of their Parliaments had not rendered the present Report indispensably necessary. Early in December last, some of the Members of the Committee from their own observations as to the extent of the repairs in progress in the chalk ceiling, particularly at the north east and north west ends, and the tedious process of restoring and polishing the marble columns, were led to suspect that the estimates might be exceeded. At every meeting in December and January last, one or other of the Members of the Committee inquired of Mr. Savage whether he had any suspicion that the estimates would be exceeded. Mr. Savage answered that he had not, adding that although the chalk ceiling might exceed his estimate he had reason to think that he had over estimated the expense of the marble work. At the second meeting in January, as well as on other occasions, the necessity of Mr. Savage giving to the Committee the earliest intelligence of any such suspicion, that they might immediately communicate with the Benchers of the two Societies, was earnestly impressed upon Mr. Savage. No communication as to any such suspicions on the part of Mr. Savage was made to the Committee nor to any one of the Members, though the Committee were in constant communication with him. The Committee confiding in Mr. Savage's assurances and in the firm reliance that he would strictly perform his duties, which from his station as the architect of the Middle Temple as well as his experience from having been engaged in important works elsewhere, the Committee had no reason to doubt, went on in the confident expectation that the estimates would not be exceeded. Thus matters continued until 2"1 March when, on an application being made tbr a further advance to Mr. Burnel15, Mr. Martin mentioned that Mr. Burnell claimed E6,000 beyond what had already been paid to him. This was a startling announcement and Mr. Savage was applied to, to state whether any such amount was due, or what might be taken as about the real amount of Burnell's claim. Mr. Savage, though he stated that in his opinion the amount claimed was not due, was not prepared to give any satisfactory inthrmation as to the amount due to Mr. Burnell. The Committee therefore on

5

M r. Burnell, junior, was involved in the arrangements 840). I

235

to supply the Purbeck Marble (BIO 3 Nov


1841 EASTER TERM (Cont'd.) March resolved that Mr. Savage should by the next meeting make 21111 out a statement of what money was then due to the various tradesmen employed in the Church. On 8th March, Mr. Wyatt and Mr. Spence made out from the original estimates and such information as they could then obtain, a rough estimate of the mason's work done and to be done, from which it appeared that there would be an excess on this head of expenditure of 1,315. The next meeting of the Committee was on the following day, Mr. Savage did not deliver the accounts required, and on being applied to, to state the reason, he replied that to make out such accounts would occupy his whole time to the serious detriment of the progress of the works. The Committee however, again represented to Mr. Savage that their responsibility to their respective Societies demanded that they should be accurately informed as to the expense already incurred. On the same day the rough estimate as to the mason's work above referred to was produced and a list of all the tradesmen was handed to Mr. Savage, and the Committee. Resolved, and a copy of that Resolution was written at the back of the paper delivered to Mr. Savage, that Mr. Savage should complete this account by stating what was due under each head, adding an estimate according to a calculation then to be made as to how much would be required to complete each branch of the work. March, the Committee At the next meeting, namely on 12111 resolved that the workmen under the direction of Mr. Barrett should be paid by the Societies instead of Mr. Burnell, so as to save Mr. Burnell's claim for commission on such payments. The accounts required were not delivered by Mr Savage, he again stating that further time was required. Before the next meeting, namely on 16thMarch, Mr. Burnell met one of the members of the Committee in the Church and intimated that he wished to make some communication to the Committee. Mr. Burnell was requested to come to Mr. Wyatt's chambers, when he made partly voluntarily, partly in answer to questions put to him, the several statements which are contained in the paper marked 'B'.6 It will be seen that Mr. Burnell stated that the amount of his charges down to that time, including what he had been paid, was about 1 1,000, and that he thought that it would require about ÂŁ9,000 to complete the work which he was about, including the stone carving, though on a subsequent examination of Mr. Burnell, it appeared that this opinion as to the expense to be incurred was not founded on any certain data.

6

TEM/2/7.

236


1841 EASTER TERM (Cont'd.) The statement of Mr. Burnell, so taken down on 16th March, marked 'B', which contained other matters of importance, was communicated to the Committee at the next meeting, namely on 17'h March, together with a rough estimate of the mason's work done, and to be done (see paper marked 'A'), which had been drawn out with the assistance of Mr. Martin. This paper contains every item relating to mason's work and marble work contained in the original estimates, each item being numbered for the convenience of reference.' At the same meeting a copy of Mr. Burnell's statement, above referred to, marked 'B', was handed to Mr. Savage with a request that he would deliver his observations upon them in writing to the Committee. On 19'h March, Mr. Savage handed to the Committee his own observations on Mr. Burnell's statement (see paper marked '1 a') and three other papers marked '1 b', '1 c', being statements by Knight, the Clerk of the Works and Mr. Barrett', and '1 d', a letter from Mr. Cottingham to Mr. Savage as to some casts which had been taken of the Knights Templars for Mr. Cottingham. The Committee was informed for the first time on 16'11March through Mr. Burnell, that these casts had been paid for by the Societies. As some of the statements of Knight, the Clerk of Works, contained charges of a serious nature affecting Mr. Burnell, it was thought proper that a copy should be handed to him that he might have an opportunity of answering them. This was done on 22nd March. At the next meeting on 23rd March, Mr. Burnell delivered his answers in writing, marked 'J'. These answers were unsatisfactory to the Committee, in truth they left unnoticed thc charge of his having in January altered 9 1/2d. into a shilling in his own favour in Knight's books. Thc Committee therefore on that day resolved to discharge him, and Mr. Barrett having offered to complete the work for f5,280 as from 15'h March (see paper marked 'F') and as Mr. Cottingham stated in his letter of March 191h('I a') before referred to, that he had examined Barrett's estimate and was of opinion that he would be able to finish the whole for 1;5,280 and obtain a thir remuneration, Mr. Savage also having strongly recommended the appointment of Mr. Barrett and expressed his confidence in the accuracy of Mr. Barrett's estimate, the prosecution of the work was intrusted [sic] to him from the Saturday following. Mr. Savage was at the same time desired to check Barrett's account weekly, so that after the first fortnight, at the end of each week, the Committee might be informed of the progress and weekly expense of the work so committed to Barrett. The Committee must here remark that it appeared to them very 7

See TEM/2/7 Mr.

hir these papers.

Barnabus

restoration

work.

Barrett,

described

by Mr. George

Burnell

Paper

237

as "a Carver

in stone'',

involved

in the


1841 EASTER TERM (Cont'd.) extraordinary that they should never have been informed of the erasure which Knight stated Mr. Burnell to have made in his books in January last, until 19th March; they therefore, in the questions put to Mr. Savage on 1stApril, enquired of him why that fact had not been communicated to the Committee. Mr. Savage's answer was that he had not himself heard of it until 19th March, when the fact was, as before stated, communicated to the Committee. On 2nd April, Mr. Barrett was again sent for, and in the presence of Mr. Savage, he was desired to say whether he had any reason to alter his opinion as to the expense of the mason's work. He stated that he had not, and he undertook that if he should entertain any suspicion that his estimate might be exceeded he would instantly communicate with the Committee (see paper marked 'C').9 A copy of this statement was delivered to Mr. Barrett and Mr. Savage. On 1st April, Mr. Spence with the sanction of Mr. Newland, sent for Mr. Vigers, the carpenter, in order to ascertain from him the amount due to him. His examination on that occasion is to be found in the paper marked D'. This examination disclosed some most important facts of which every member of the Committee was at that time wholly ignorant, namely that alterations had been made in the original design of the seats on which the estimates had been made as regards the carving, which had increased the expense of that part of the work nine tenths.1() The amount of Mr. Vigers' claim already amounted to ÂŁ1,422 and it would require according to his calculation E3,635 to complete the seats: the estimate for the whole of this work according to the original plan having been ÂŁ1,578. At the Committee meeting the same day (1st April) this examination was laid before the Committee when they thought it right to require of Mr. Savage an explanation in writing as to why they had been kept in ignorance of the alterations which were mentioned in the examination of Mr. Vigers and why Mr. Savage had not after so many warnings communicated to the Committee the probability of the estimates being exceeded. A copy of the statement made by Mr. Vigers was therefore delivered to Mr. Savage and a series of written questions (paper marked Y') was handed to him with a request that he would give written answers to them by the following meeting. On 2n1 April, Mr. Vigers was again sent for and examined in the presence of Mr. Savage, when he made some alterations in his previous statement but not of material moment. His amended statement is contained in the paper marked 'D', above referred to.

Sec TEM "2:7 for these papers. " Paper 'D. gives the number of Benchers seats in the present plan as 72. not 54 as in the estimate. together with seating for 220 students and members generally and not 216. -1.heoak elbows of the stall seats were elaborately carved by S.A. Nash.

9

I

238


1841 EASTER TERM (Cont'd.) At the next meeting, namely 3rdApril, Mr. Savage delivered to the Committee written answers to the questions marked These answers are contained in the paper marked 'Z'. The Committee are unwilling to state what their impression is as regards these answers: they therefore beg leave to refer the Bench to the answers themselves. On that or the following day, Mr. Savage delivered in a table showing thc amount due to each tradesman with the exception of the bricklayer, which item was not filled up. This table forms the groundwork of the table marked `E', after referred to. In order to ascertain whether Barrett might have excluded the purchase of the marble in his estimate he was sent for again on 3rd April when, as will appear from the paper marked 'C'', before referred to, Barrett explicitly stated that his estimate did include the purchase of the marble and Mr. Savage again stated that in his opinion Barrett would be able to complete the work included in his estimate for ÂŁ5,280, but Mr. Savage stated that there were some items which Barrett had not included. Mr. Savage was requested to particularize these items which he has subsequently done, namely in the last estimate delivered by him on 17th April, they are there estimated at ÂŁ720. On a subsequent day, Mr. Savage filled up the blank in the table delivered by him by inserting the amount due to the bricklayer and an estimate of what his subsequent bills would be likely to amount to. The paper marked E' was then made out by the direction of the Committee. It contains a reference by numbers from each item in this table to the corresponding item in the two original estimates laid before the Benches of the two Societies (marked G' and `I-I') where any such corresponding items exist together with references and observations. There is also added a table of those works which have been sanctioned by the Benches but which were not included in the two original estimates, a further table of projected works to which the Benches of the respective Societies have not yet given their sanction, also a general statement so far as information could then be obtained of those expenses which it had been found necessary to incur in the progress of the works but which were not noticed in the estimates. A summary is added showing the amount of the original estimates and of the revised estimates down to that time. The result is as follows:

See

rEm 2

7 for these papers.

239


1841 EASTER TERM (Cont'd.) The amount then incurred to tradesmen for work already done Beyond which there was claimed by Mr. Burnell but disputed by Mr. Savage Total including disputed claim

The estimated expense of the works in progress Ditto of works sanctioned by the Benches of the two Societies but not commenced was

£16,842

£3,708 £20,550

£15,321

£2,500 £38,371

Assuming that Mr. Savage's estimates of the mason's works previously delivered in was correct, there would have to be added Making The amount of the contemplated works, namely additional painting in the Square Church and the painting of the Round Church not yet sanctioned was Total This includes the work to be paid for by the Middle Temple separately, which amounts to Leaving the estimated amount to be provided for by the two Societies

£1,340 £39,711

£330 £40,041

£2,850

£37,191

The amount of the original estimates ('G' & 'H') was

£18,745

The estimated expenses of works sanctioned by the Bench but not included in the estimates, including the projected cloister was

£5,062

Total of the original estimates including the works to be paid for separately by the Middle Temple

t23.807


1841 EASTER TERM (Cont'd.) Mr. Savage has since, namely on 14thApril, made out a further estimate, the result of which is as follows: Amount incurred to tradesmen for work already done is Beyond which Mr. Burnell claims as above Total The estimated amount of works in progress and of the monumental cloister is

Total

£17,329 £3,708 £21,037

£18,141

£39,178

This is exclusive of the £330 not yet sanctioned but inclusive of the £2,850 to be paid for by the Middle Temple exclusively.

From the commencement of the duties of the Committee, they felt most anxious that there should be contracts for the performance of every part of the works, which admitted of being made the subject of a contract. They adopted this mode in the work to be performed on the organ, in that for heating the Church, in that for painting the ceiling and for the repair and new slating of the roof, and subsequently for the tile pavement. It was, however, represented to the Committee by the architect that the other work could not be performed by contract. The great increase of the probable expense beyond the estimates naturally drew the attention of the Committee to the propriety of having the remainder of the work completed by contact. They accordingly directed their enquiries to this subject (see papers marked `F.D' and D.D'). The Committee, ever since they became acquainted with the great probable excess in the estimates, have been most anxious to obtain the advice of Sir Robert Smirke, of whose services they had been deprived at the outset by his delicate state of health, as to the proper settlement of the bills already incurred and as to the best mode of limiting the expense hereafter to be incurred to a definitive amount. Accordingly, the Treasurer was requested by the Committee to communicate with the Bench on the subject, which he did on 7th April, and the Bench, on the representation of the Treasurer, resolved that the Treasurer be requested to have a confidential interview with Sir Robert Smirke on the subject of the repairs of the Temple Church.

241


1841 EASTER TERM (Cont'd.) The Under-Treasurer, accordingly on the tbllowing day, wrote a letter to Sir Robert Smirke, requesting him to meet the Treasurer on the Saturday following the loth April. Sir Robert Smirke wrotc to say that he would meet the Treasurer but by the same post a letter arrived from his Lady, stating that he was too unwell to undertake the journey. No interview with Sir Robert Smirke having been obtained, the Committee on 17th[April] came to a Resolution to the following effect: -That a letter be written to Sir Robert Smirke, to ascertain whether thc Committee could rely upon his being able forthwith to give them his assistance in examining the accounts and in superintending the future progress of the works at the Temple Church on the part of this Society". The Committee also resolved that the letter should be taken by the Under-Treasurer to Sir Robert Smirke, together with all the papers and documents and estimates referred to in this Report. In consequence of the above communication, the following letter, addressed to Mr. Martin, the Sub-Treasurer, and dated 191h April, 1841 was received from Sir Robert Smirke, of Stanmore: With reference to the letter which the Treasurer directed you to write to me on the 171h,I request you will state to him that the Church Committee may rely on having my services so far as it may be in my power to give them usefully, but in this present state of my health I cannot offer my active personal interference in the works carrying on in the Church. Nor after the fullest consideration of the papers you left with me, can I think that any interference with the control or dircction of the works by me or any one else would be useful or desirable. I am persuaded that any such interference would only lead to increased embarrassment and that the interests of the Society will be best secured by keeping an undivided responsibility in all that respects the designs, the estimates and the execution of the work. But it is possible that I may be useful in controlling the future expenditure, especially if the Society will adopt the course which I beg leave urgently to recommend to their consideration. When it is seen that the repairs and alterations were in June last estimated ÂŁ4,215, that the amount of the work now done is stated to be upward of E20,500 (subject to some reduction in a disputed account) and that the expense of completing the projected works is now estimated at a still further sum of nearly ÂŁ20,000, I think the Society may justly require that the works should be immediately suspended, whatever temporary inconvenience may be caused, until measures can be taken to ensure them against any further excess and disappointment. -

It cannot be doubted that the repairs and other works are now in such a state as to afford the means of computing with accuracy the expense of completing them. I should therefore recommend that 242


1841 EASTER TERM (Cont'd.) directions be given to have their completion undertaken by contract for specific sums by each of the tradesmen employed, the contracts to include all those works which in the estimates are stated at only probable amounts. When these contracts are delivered, I will if it is desired examine them on behalf of the Society with the drawings and specifications and, when arranged to the satisfaction of the Committee, the contracts should be made legally binding on the respective parties with stipulations that no directions given by the Architect or Clerk of the Works should vitiate any of the conditions and that no extra charge shall be claimed for any purpose whatever, unless the previous sanction of the Committee shall have been obtained in writing. With respect to the mason's disputed bill, I should advise that it be settled by an immediate reference to competent persons, surveyors or accountants, who are usually employed in measuring and settling accounts, one of these to be appointed by the Societies or their architect, and the other by the mason. If the vouchers of the workmen's time and materials have been duly certified from time to time by the Clerk of the Works, and any previous agreement was made with the mason as to the prices at which these were to be charged, it may be expected that the bill will be settled without further litigation. I hope to be able to return to town on Wednesday, and if on the following day, (the 221d), the Treasurer or the Church Committee should desire to see me upon the subject, I shall be happy to attend at any hour appointed for the purpose." On 20th April, this letter was communicated to the Committee, when they resolved that it be recommended to the respective Benches of the two Societies, that the works then in progress at the Temple Church should be suspended from Saturday evening next, as recommended and for the purposes mentioned in Sir Robert Smirke's letter, which the Bench of the Inner Temple was pleased to order accordingly. Orders have been given for the suspension of all the works which were going on for the repairs and restoration of the Church. On 23rdApril, Sir Robert Smirke attended the Committee and acting on his advice then given, the Committee beg leave to recommend to the Benches of the two Societies, the following propositions: "That the disputed account of Mr. Burnell, the Mason, be referred to some competent person or persons to be agreed upon. 243


1841 EASTER TERM (Cont'd.) That all the tradesmen that have been employed be directed immediately to make up their accounts in detail for every part of the works which have been executed, to be delivered to Mr. Savage, and that such accounts be sent in by him as speedily as possible to the Committee separately or together, duly certified and examined by Mr. Savage, with his observations thereon. That Mr. Savage be directed immediately to prepare and lay before the Committee detailed drawings, plans and specifications for every part of the work remaining to be done, referred to in his estimate of 14th April 1841, distinguishing so much as has been agreed to be done by the Middle Temple exclusively, such drawings, plans and specifications to represent the different branches of the work separately, so that if it should be deemed advisable a contract may, with the approbation of the respective Benches, be entered into for the completion of each separate portion of the work. That the Committee be authorised, after having submitted the plans and specifications to Sir Robert Smirke to be examined by him according to the obliging offer contained in his letter of 19t11April instant, to enter into contracts with the different tradesmen now employed or other tradesmen, for the completion of the different branches of the works or such parts thereof as may be deemed necessary or proper, either according to the plans to be submitted by Mr. Savage, or such modifications as the Committee may think it proper to adopt, subject as to the whole to the approval of the Benches of the two Societies." Upon the motion of Mr. Spence, it is ordered that the above Report be taken into consideration on Saturday, l May next, and that copies of the Report, together with all the documents therein referred to, be sent to the Masters of the Bench, and that they be particularly requested to give their attendance at the Bench Table on that day. Ordered that the Church Committee be requested to call upon the tradesmen that have been employed about the repairs of the Church, to make up their accounts in detail for every part of the works which have been executed and to deliver the same on or before Friday next, at the Under-Treasurer's Office. Mr. Spence having moved that in the interim, Mr. Savage be directed to prepare and lay before the Committee detailed drawings. plans and specifications for every part of the work remaining to be done. referred to in his estimate of 14thApril 1841, distinguishing so much as has been agreed to be done by the Middle Temple exclusively, such drawings, plans and specifications to represent the different branches of the work separately so that if it should be deemed advisable, a contract may (with the approbation of the respective Benches) be 244


1841 EASTER TERM (Cont'd.) entered into for the completion of each separate portion of the works: ordered that the consideration thereof be adjourned till the general consideration of the Report. Ordered that the Sub-Treasurer do prepare and lay before the Bench on Saturday, •t, May, a statement of the funds of the Society, together with a statement of their liabilities for deposits etc. and the probable balance for the present year upon the income and expenditure. Petition read of Mr. J.H. Lloyd from No. 1 King's Bench Walks, dated 21st April 1841, concerning a Resolution by the Society passed on or about the 20th November 1834, when the petitioner was required to quit the chambers which he then held of the Society and to abstain from presenting himself in the Hall or garden. "This Resolution was founded on admissions of your petitioner, made to the said Benchers, on being charged with indecent conduct towards or in the presence of females in the garden of the Temple of which conduct complaint had been made to the said Benchers." The petitioner now submits new testimonies and evidence to the fact that at the period in question, he was of unsound mind and not morally accountable for the acts complained of. The petitioner has previously submitted a memorial supported by written evidence urging his claim to a reconsideration on this very ground in January 1838. "The petitioner is prepared to show that he is and has long been restored to a healthy state of mind and body, and that there is no reason for apprehending any recurrence of his malady." He wishes to be permitted to hold chambers of the Society and that the interdiction as to the Hall and garden to be removed.1Ordered that the consideration of the same be postponed till Friday next, Nth instant, and that the Masters of the Bench have notice thereof. BENCH TABLE Apr. 27

Present The Treasurer, Mr. Harrison, Sir Frederick Pollock, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Armstrong, Mr. Wyatt and Mr. Hardy. The tbllowing Report of the Committee, appointed on 171hFebruary last, to investigate the accounts of the rents and dues of the Society was read: "The Committee reporting that they have had several meetings and inspected the various account books of the Society and find that

• hor a lull account

of this case, 1)15/1/1.2/1-2,

John I loratio

245

Lloyd (1849).


1841 EASTER TERM (Cont'd.) James Gardner, the Clerk in the Office and Collector of the Commons and Dues, has received during the years 1838, 1839, 1840 and 1841 and not accounted for the following sums, viz.: £1,921 Rents £800 Deposits £191 Bar dues £833 Commons £217 fees Officer's £37 One admission to the House Three Calls to the Bar fees £68 of last term £4,068 making...

3s. Os. Os. 14s. 10s. Os.

4d. Od. 2d. 1 Id. 7d. 2d.

Os. 9s.

Od. 2d.

15s. 14s.

Od. 2d.

from which should be deducted: the amount of poundage on the collection of Commons and dues assuming that the whole had been accounted £47 5s. for the amount paid for receipt stamps

E5 10s.

the amount paid in advance to the Officers

£20

the balance at his bankers

£13

leaving a total defalcation of

£85 £3,982

The Committee have made inquiries and find that he has no means of replacing this large amount, nor was he called upon at the time of his appointment under the Society to give any security, therefore the amount of his defalcation is a total loss to the House. The Committee acting on the authority given to them by the Bench, have in consideration of some particular circumstances which have come under their notice, and taking also into consideration his conduct durinu the investigation, have decided that James Gardner should not be prosecuted, but that he should be immediately discharged from his appointments, and that the amount due to the Officers, and the stamp duty of £25 upon the one admission to the House should be paid by the Society.


1841 EASTER TERM (Cont'd.) As to the future collection of the income and the keeping and auditing the accounts, the Committee will make a further Report when they have thoroughly digested the propositions which have suggested themselves in the course of their inquiries." It is ordered that the Report be adopted. Mr. Harrison giving notice of motion for Tuesday next, "that the allowances to the three children of the late Mr. Gardner be continued for another year." PARLIAMENT Apr. 30

Present The Treasurer, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Armstrong, Mr. R.V. Richards, Mr. Wyatt and Mr. Hardy. Messrs. Samuel Carter Hall, John James Lowndes, George Boden, Francis Russell and Edward Raphael, called to the Bar. Parliament to be adjourned until Friday next, 7th May, for the purpose of calling to the Bar, Messrs. William Milman, Francis Geary and Henry Walter Wilson. BENCH TABLE

Apr. 30

Present The Treasurer, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. R.V. Richards, Mr. Armstrong, Mr. Wyatt and Mr. Hardy. The Sub-Treasurer reporting that Henry Hallam, Esq., a barrister of this Society, has accepted the invitation of the Masters to call him to the Bench: ordered that he be called to the Bench at the Parliament —a to be held on Friday, 7th m y. The petition of John Horatio Lloyd, Esq., a barrister of this Society, having been taken into consideration, pursuant to BTO 23rd instant: resolved that the prayer of the petition be not complied with. BENCH TABLE

May I

Present The Treasurer, Sir Charles Wetherall, Mr. Harrison, Sir Frederick Pollock, Mr. Twiss, Mr. Thesiger, Mr. Erle, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Dundas, Mr. Wyatt, Mr. Dowdeswell, Mr. Hardy and Sir John Beckett.

247


1841 EASTER TERM (Cont'd.) The motion of Mr. Spence in respcct of the further Report of the Church Committee of 23rd April last, taken into consideration, and the following Resolutions adopted by the Middle Temple, were read, viz.: "Parliament of the Middle Temple held by adjournment on 30th April, 1841, ordered: That in the opinion of the Bench of this Society, it is expedient, that Mr. Savage be directed to make his Report on the account of the mason Burnell, specifying what deductions ought to be made from such account and on what grounds, and what is now justly due thereon. that Mr. Savage be directed to furnish his own account in respect of his services as Architect in the works at the Temple Church up to the present time. that it be referred to two architects to make a general investigation and report to the two Societies on the subject of the works which have been done and on the best mode of proceeding for the purpose of accomplishing what shall remain unfinished and that they be requested to advise the Societies generally on the subject. that Mr. Savage be directed to deposit in the hands of the Under-Treasurer all drawings, working drawings and plans, estimates and papers relating to the works in progress for the inspection and use of the aforesaid architects and Benchers of the Societies. that the Bench of the Inner Temple be requested to concur in these Resolutions or to confer with the Bench of this Society on the propriety of the course to be adopted.The Inner Temple resolves, on the part of this Society on the motion of the Treasurer: that Mr. Savage be directed to make his Report on the account of the mason Burnell specifying what deductions ought to be made from such accounts and on what grounds, and what is now justly due thereon, subject to any suggestions or modifications by Sir Robert Smirke in the mode in which this application shall be made to Mr. Savage. that Mr. Savage be desired to furnish his own account in respect of his services in the works at the Temple Church up to the present time. 248


1841 EASTER TERM (Cont'd.) that it be referred to two architects to make a general investigation and report to the two Societies on the subject of the works which have been done, and on the best mode of proceeding for the purpose of completing the repairs of the Temple Church and all consistent economy, and pointing out what parts of the remaining repairs may be made the subject of contract, and that they be requested to advise the Societies generally on the subject. that Mr. Savage be directed to deposit in the hands of the Under-Treasurer all drawings, working drawings and plans, estimates and papers relating to the works in progress for the inspection and use of the aforesaid architects and Benchers of the Societies. Motion having been moved and seconded: resolved that Sir Robert Smirke be requested to act on the part of this Society pursuant to the third Resolution. Ordered that the Under-Treasurer of this Society do furnish the Under-Treasurer of the Middle Temple with copies of all the accounts which have been or shall be delivered to him in pursuance of the BTO -- rd 23 April last. "The modifications adopted by this Society, upon the Resolutions of the Middle Temple, are to be submitted to that Society for their approbation or to have a conference of the two Societies on the propriety of the course to be adopted."

The following Report of the Church Committee of the Inner Temple relating to the finances of the Society was read, viz.: "The members of the Church Committee, who are members of the Inner Temple, have thought it right to make a separate Report to the Bench of the Inner Temple of the result of the inquiries they have been led to make as to the finances of the Society and the mode of meeting the expenses of the repairs and restoration of the Temple Church. The amount of Mr. Savages's original estimates of 1stJune 1840 —3rdNovember 1840 was to amount of the estimates for works sanctioned by the Bench but not included in the two estimates above referred to, namely:

249

ÂŁ18,745


repairs

necessary to be done to 1841 EASTER TERM (Cont'd.) repairs etc. of organ £577 warming apparatus £334.15s. Willement for painting ceiling£311

1,222 15s.

making deduct expenses to be borne by the Middle Temple separately

£19,967 15s.

2,850

left to be paid by the two Societies in moieties of which one moiety to be borne by the Inner Temple was besides which in November 1840 the Society was under contract for the purchase of the Alienation Office for which Government had demanded £6,500 but which has since been reduced by the Arbitrators to Total for which the Inner Temple had to provide in November 1840

17,117 15s.

8,558 17s.

3,750

£12,208 17s.

The Bench has since November 1840 sanctioned the following additional works for which according to the contracts and estimates the Inner Temple would have to pay the following sums namely: For stained glass windows and wire work by contract Pavement by contract Monumental cloister by estimate

£420 £265 £1,250

1,935

Total to be paid by the Society of the Inner Temple for works sanctioned by them as above, and for the purchase of the Alienation Office exclusive of the

The only available funds to meet the amount of the demands existing against the Society in November 1840 which were the probable balance of the year 1840, which by the account rendered by


1841 EASTER TERM (Cont'd.) the Under-Treasurer pursuant to a BTO 3rdNovember 1840, was estimated at £4,339 and the surplus income of the following year. The accounts subsequently made up show that the balance at the end of the year 1840 including the sum of £1,009 10s. which had been expended in part payment of the repairs of the Church was £4,257 19s. 2d. As advances were required to be made to the different tradesmen from time to time, it was obvious that accommodation to some extent would become necessary. The members of the Committee belonging to the Inner Temple, from communications they had with their colleague members of the Middle Temple, were led to expect that the Middle Temple would have accommodated the Inner Temple by advancing the whole of the expenses that might be incurred to the Inner Temple, they giving to the Middle Temple such security as should be agreed upon for the repayment of such advances with interest. It was not possible to make any formal requisition to this effect to the Middle Temple during vacation as there was no Parliament day in the Middle Temple but on their first Parliament day in the present term, namely 16thApril last, the following Resolution was entered into by the Bench of the Inner Temple on a statement of the above facts being made by the Treasurer from the Committee, namely: [at the] Inner Temple Bench Table, Friday 16thApril, 1841. Resolved that the Church Committee be authorized to ascertain whether the Middle Temple can assist this Society in the payment of their proportion of the expenses of the repair and restoration of the Temple Church. This Resolution as on the same day communicated by the Under-Treasurer of the Inner Temple to the Sub-Treasurer of the Middle Temple in order that the same might be laid before the Bench of the Middle Temple on that day, being the first Parliament day of the term. On the following day, namely 17th[April], the Sub-Treasurer of the Middle Temple communicated to the Under-Treasurer of the Inner Temple a Resolution of the Masters of the Bench of the Middle Temple stating that taking into consideration the very heavy demands upon them they very much regretted that the funds of the Society were not in a condition to allow them to comply with the request of the Inner Temple.

251


1841 EASTER TERM (Cont'd.) In consequence of this communication, the Under-Treasurer was requested by the Committee to communicate with Messrs. Goslings to ascertain whether in case the Inner Temple should require it, they would be willing to make an advance to the Society sufficient to cover the amount incurred and likely to be incurred according to the then estimates. The Bankers stated that they should be willing to make the advance on having proper security. The sums already paid by the Society on account of the Church, on certificates which they have from time to time received from Mr. Savage, are as follows, namely: First, to Mr. Burnell Date of Mr. Sava e's Certificates 1840

November 18

1841

January 23 March 13 March 15 March 20 March 26 April 3

When paid

Amount

£1,000

Nov.25£500 Jan.16£500 Mar. 6 Mar. 13 for wages Mar. 26 Mar. 20 for wages Mar. 27 for wages April 3

1840 1841

1,500 160 1,000 160 150 46 £4,016

Paid to Mr. Burnell as above Mr. Barrett, for stone and marble works Mr. Vigers, carpenter Messrs. Munn & Co., bricklayers Messrs. Cooper & Fores, slaters Messrs. Potter & Co., heating apparatus Mr. Baylis, smith Mr. Willement, painted ceiling Bricklayers Foreman gratuity Fire insurance Carried forward Architects and Clerk of the Works, of which E378 11s. 6d. has been paid to Mr. Savage and his Clerk of Works

£4,016 560 1,250 400 100 50 19 50 5 17

£6,467

£437

2s.

10s.

12s.

7s. 6d.


1841 EASTER TERM (Cont'd.) Mr. Essex for drawing of Church

£20 £6,924 19s. 6d.

To enable the Society to pay these sums, the sum of £5,000 has been borrowed from the Bankers under the authority of the Bench by way of temporary accommodation in anticipation of the expected loan from the Middle Temple and the income which would be coming in from time to time. The amounts claimed to be due by the different tradesmen, including the Architect's commission, and including £1,854, one moiety of Burnell, the mason's account set down by Mr. Savage as overcharged, over and above what has been so paid as appears by the accounts which have been rendered, amount to £4,279 8s. 8d. The amount of Architect's commission included is the sum of £219 13s. 6d., but no settlement as to this item has been come to. Besides these claims there is or will be due to the different tradesmen under-mentioned, in respect of their contracts mentioned in the Reports of the Church Committee, the following sums: Brought out accounts rendered

£4,279 8s. 8d.

To Mr. Willement To Messrs. Potter & Gerard [sic].... To Mr. Bishop To Mr. Minton

509 8s. 6d. 117 7s. 6d. 288 16s. 265 £5,460

Total liabilities for the Church and the purchase of the Alienation Office

£3 750 £9,210 Os. Od.

The above contains the whole of the liabilities of the Society excepting so far as the amount of the deposits on 31S`December last amounted to

£8,900

The available funds on 31st December 1840, as before stated, amounted to £4,258 The amount borrowed as above, which may now be considered in anticipation of the balance of the present year is .... making

253

£5 000 £9,258


1841 EASTER TERM (Cont'd.) out of which amount the Society has paid on account of the Church as before stated, the sum of leaving a balance of

£6,924 19s. 6d. €2,333

applicable in part discharge of the Societies present liabilities of £9,210, leaving consequently a deficiency of £6,877. Under these circumstances, it will become necessary that a sum should be raised for the payment of the amount due to the different tradesmen and also for the amount which will become due on the completion of the works and for the purchase and repair of the Alienation Office. How much is so to be raised must depend upon the manner in which the Bench shall direct that those works shall be completed. Assuming that the last estimate delivered by Mr. Savage should be found to be correct as to the amount required to complete the works, and that the same should be sanctioned by the Bench of the two Societies, but which is merely put hypothetically the amount to be provided for at the present time, would be E 15,035 4s. 6d., which is made up thus: Amount due to tradesmen to this date exclusive of Burnell's claim not admitted in the above estimate but including monies due in respect of contracts

£3,606

One moiety of estimated amount required for the completion of the works to be paid for by the two Societies

£7,708 4s. 6d.

Purchase of Alienation Office and necessary expenses in repairs

E4 200 Os.Od. £15,514 4s. nd.

deduct amount applicable in part discharge of this sum leaving a total of To which must be added in the e\ cut of Burnell establishing the whole amount of his claim makirw a total of

E,33_3. Os. Od. £13,18 I 4s. nd.

£1,854 Os. Od. £15,035 4s. nd.

which amount in the event above contemplated would ha\ c to he raised. 254


1841 EASTER TERM (Cont'd.) The Committee, having as before stated, been disappointed in not being able to report to the Bench the acquiescence of the Middle Temple that the Inner Temple moiety of the expenses should be advanced by the Middle Temple, have made some inquiries as to the means of raising the sums required by them. On searching the records of the proceedings of the Society, they find that down to June 1818, very considerable sums of money were raised by the sale of chambers on a life or on a life and an assignment, and that without any apparent necessity for raising such sums of money. Thus in 1815, they find the following entries: Bench Table

10thNovember, 1815.

Ordered that the whole of the chambers in the staircases 11 in King's Bench Walks be sold for a single life. Except and No.10 the three pair story, and that story be let by the year, and that the consideration of prices and rents be postponed until Tuesday next and that the Masters of the Bench in town have notice thereof. Bench Table

Tuesday, 15th November, 1815.

Ordered that the chambers newly erected at No.10 and 11 In the King's Bench Walks situate upon the third floor £240 (except the southern most) be let at £80 per annum... 84 and the southern most at £84 per annum £324 rental and that those of the 2' floor (except the southern most) be sold for £1,080 each for a 3,240 single life 1,130 and the southern most at £1,130 for a single life .... and those on the I floor (except the southern 3,960 most) be sold for £1,320 each for a single life 1,260 life single a for £1,260 at most southern the and and those in the area or basement story be sold 3 360 for £840 each for a single life £17,930

At this time there appears to have been about £80,000 in the funds belonging to the Society. It will be observed that the chambers above mentioned, were granted for one life only, but previously to this time, there are many instances of sales on a life and an assignment, which is very nearly equivalent in value to a freehold title, though latterly at least such sales also took place without any apparent necessity. Some of the chambers of the Society are still held on titles so acquired. 255


1841 EASTER TERM (Cont'd.) Since the year 1818 many sets of chambers, which had been thus sold, have fallen in to the Society. The following sets have fallen in during the years 1840, 1839, 1838 and 1837, to which years the members of the Committee have limited their search: 1840

1839

1838 1837

No. No. No. No. No. No. No. No. No. No. No. No. No.

12 1 8 5 5 11 6 4 11 4 5 9 14

Paper Buildings Fig Tree Court King's Bench Walks King's Bench Walks King's Bench Walks Paper Buildings King's Bench Walks Inner Temple Lane Paper Buildings Inner Temple Lane Inner Temple Lane Crown Office Row Paper Buildings

£100 50 52 27 84 84 75 36 90 35 42 36 95 £808

10s.

The average for these 4 years, as will be seen, is £202 2s. Od. a year. The value of these chambers for a life and an assignment at 18 years purchase, which they understand may be considered as the market price is for a single life at 14 years purchase is

£14,552 £11,319

The Committee beg leave further to observe that since the BTO of 1818 before adverted [sic] to,1' the Society have purchased chambers to be let to the amount of

£25,922

and chambers to be pulled down and rebuilt ...

£14,009

they have also laid out in new buildings since that period, the sum of

£128,793

making a gross total of

£168,724

In 1818 the net receipt from rental annually was BTO 5 June 1818. C1TR, vol.V11., p.438.

256

£3,076

8s. 6d.

8s. 6d,


1841 EASTER TERM (Cont'd.) of income from stock was ...

£6,238 2s.

making a total of ... 19s. 4d.

the present annual rental is£14,405 estimated amount to be deducted for empty chambers and losses £300, but say

£9,314

£405 19s. 4d.

leaves excess of present income from the above sources

£14,000

£4,686

Notwithstanding that in the interim a new Parliament Chamber, Library and other buildings yielding no income, have been erected, the Hall has been decorated, and other great improvements made, and a great portion of the chambers has been entirely rebuilt. About one third of the chambers in the Temple are still held on lives, fourteen of which are held on a life and an assignment from which chambers at present the Society only derives about £500 for dues. On a rough calculation, it appears that the lives upon which the chambers are held, may be taken at about forty five. Comparing the chambers held on lives and an assignment with those which are in the possession of the Society, it is calculated that the annual rental of them amounts to about £5,500 and deducting £500, the dues now received in respect of those chambers, would leave £5,000 a year net. The present value of the Society's reversion in those chambers on this calculation would be about £45,000. The Society is now paying annuities to the amount of £865 a year. These annuities will of course be continually falling in, the oldest life is now 71 and the youngest 43. The Committee do not presume to suggest that a sale or mortgage of a portion of the chambers belonging to the Society on the terms on which sales have heretofore taken place would be the most proper mode of raising the funds that may be required by the Society, but as the subject must come under the consideration of the Bench, they have thought it their duty to lay the above thcts before the Masters of the Bench tbr their consideration."

257


1841

EASTER TERM (Cont'd.) BENCH TABLE May 4

Present The Treasurer, Mr. Harrison, Sir Frederick Pollock, Mr. Law, Mr. Twiss, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. G. Richards, Mr. Armstrong, Mr. Wyatt and Sir John Beckett. Ordered upon the motion of Mr. Harrison, that the allowance to the three younger children of the late Mr. Gardner be continued for another year. Sir Frederick Edwin Lott, a student, having paid all dues, to have his name withdrawn and his bond delivered up. The following statement of the Church Committee of this day having been read: ordered that the same be adopted, viz.: "That Mr. Savage be directed to make his Report on the account of the mason Burnell, specifying what deductions ought to be made from such account, and on what grounds, and what is now justly due thereon, subject to any suggestion or modification by Sir Robert Smirke in the mode in which this application shall be made to Mr. Savage." Sir Robert Smirke stated that he approved of the communication being made to Mr. Savage precisely in the form of the Resolution. The third Resolution of the Bench Orders of the same day having been read to Sir Robert Smirke, as follows: "That it be referred to two architects to make a general investigation and report to the two Societies on the subject of the works which have been done, and on the best mode of proceeding for the purpose of completing the repairs of the Temple Church with all consistent economy, and pointing out what part of the remaining repairs may be made the subject of contract, and that they be requested to advise the Societies generally on the subject." Also the following Order having been read, viz.: "Resolved that Sir Robert Smirke be requested to act on the part of this Society pursuant to the third Resolution." Sir Robert Smirke stated that he was very much afraid his state of health would not permit him to superintend wholly on the part of this Society, but that with some assistance he could procure, he should be willing to act throughout for the Society pursuant to their Resolution.

258


1841 EASTER TERM (Cont'd.) The circumstances in which Mr. Savage stands as regards the Societies, and the probability of his being no longer employed, having been explained to Sir Robert Smirke, he was still of opinion that in justice to Mr. Savage as well as the two Societies, the tradesmen's bills sent in for the work now done at the Church ought to be sent to Mr. Savage for him to examine and certify, and that he was bound as part of the consideration for his commission so to examine and certify them. Ordered that Robert Vaughan Richards, Esq., one of the Masters of the Bench, be allowed this term as kept on account of ill health. In consequence of Mr. Rowlatt having lost the chances of the nomination by individual Benchers (whose undoubted patronage it is to appoint) to preach the afternoon Sunday sermons, owing to the Church being under repair: resolved that the sum of ÂŁ20 be granted to Mr. Rowlatt as a gratuity on the part of the Bench. Sir Frederick Pollock is requested by the Bench so to alter or add to the inscription on the monument of Oliver Goldsmith, as to designate the Oliver Goldsmith to whose memory it is to be erected. PARLIAMENT May 7

Present The Treasurer, Mr. Spence, Mr. Starkie, Mr. Chilton and Mr. Armstrong. Ordered that Henry Hallam, Esq. be, and he is hereby called to the Bench. Messrs. William Milman, Francis Geary and Henry Walter Wilson, called to the Bar. BENCH TABLE

May 7

Present The Treasurer, Mr. Spence, Mr. Starkie, Mr. Chilton and Mr. Armstrong. Ordered that the Police Rate chargeable upon the Sub-Treasurer's chambers, porters' and gardener's lodges and the Clerk of the Works Office be paid for by the Society. Business adjourned to Wednesday next, 12thinstant.

259


1841

EASTER TERM (Cont'd.) BENCH TABLE May 12

Present The Treasurer, Sir Charles Wetherll, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton and Mr. Flallam. Mr. John William Williamson, a student, having paid all dues, to have his name withdrawn, his deposit returned and his bond delivered up. The following Resolutions of the Middle Temple were read: "Parliament held on 7th May 1841 at the Middle Temple. Resolved: That the alterations and additions made by the Bench of the Inner Temple in and to the Resolutions of this Bench passed on 30th April last, be acceded to and adopted. That Masters Pollock and Newland be authorized to apply to Mr. Barry and request him to act on behalf of this House in co-operation with Sir R. Smirke in carrying out the third Resolution passed at the Parliament held on 30th April last, and that in the event of Mr. Barry expressing his willingness to do so, he be appointed for that purpose accordingly. That in the event of Mr. Barry declining to act, Masters Pollock and Newland be requested to make similar applications to the following gentlemen successively in the order in which their names stand, viz.: Mr. Cockerill, Mr. Decimus Burton, Mr. Railton, Mr. Tite and Mr. Pugin and that either of those gentlemen who may be willing to accept the appointment be appointed accordingly. That although this Parliament has under existing circumstances concurred in the suspension of the works at the Church, yet being fully convinced that much injury would arise from their being left for any length of time in their present unfinished state, this Parliament desires to express its strong anxiety that the operations necessary for the completion of the works should be resumed as early as possible.Resolved that this Society do concur with the Middle Temple that under existing circumstances it was necessary that the works at the Temple Church should be suspended, yet being fully convinced that much injury would arise from their being left for any length of time in their present unfinished state, they are very anxious that the operations necessary for the completion of the works should be resumed as early as possible.

260


1841 EASTER TERM (Cont'd.) The following communication made to Mr. Savage by Edward Eldred, Sub-Treasurer of the Middle Temple, dated 8th May 1841, read: "Sir, I am directed by the Parliament of this Society holden on the 7th instant, to transmit to you the Resolutions of the two Societies herewith subjoined, and this Society being extremely anxious that the operations necessary for the completion of the works at the Church should be resumed as early as possible. I am directed to request your earliest compliance therewith. I have also forwarded to you the tradesmen's bills which have been sent in for the work now done at the Church in order that you may examine and certify the same." The Resolutions "Resolved: that Mr. Savage be directed to make his Report on the account of the mason Burnell, specifying what deductions ought to be made from such account and on what grounds, and what is now justly due thereon. that Mr. Savage be desired to furnish his own account in respect of his services as Architect in the works at the Temple Church up to the present time. that it be referred to two architects to make a general investigation and report to the two Societies on the subject of the works which have been done, and on the best mode of proceeding for the purpose of completing the repairs of the Temple Church with all consistent economy and pointing out what parts of the remaining repairs may be made the subject of contract, that they be requested to advise the Societies generally on the subject. that Mr. Savage be directed to deposit in the hands of the Under-Treasurer all drawings, working drawings and plans, estimates and papers relating to the works in progress for the inspection and use of the aforesaid architects and Benchers of the Societies. And it is ordered by the two Societies that the tradesmen's bills sent in for the work now done at the Temple Church ought to be sent to Mr. Savage to examine and certify." Resolved that the Church Committee to which Sir Charles Wetherell, Mr. Starkie, Dr. Lushington and Mr. Hallam is added for this purpose, 261


1841 EASTER TERM (Cont'd.) do confer with the Middle Temple as to the expediency of having divine service performed in the Temple during the repair of the Temple Church. Business adjourned to Wednesday next, 19th instant. BENCH TABLE May 19

Present The Treasurer, Sir Frederick Pollock, Mr. Twiss, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong and Mr. Hardy. Letter from Sir Robert Smirke of Stratford Place, dated May 181h1841, and addressed to Mr. Martin, Sub-Treasurer, read: "Sir, With reference to the Resolution of the Bench of the Middle Temple which you have communicated to me, I beg to say that 1 must decline acting with Mr. Railton in such a matter as the proposed reference concerning the Temple Church. 1 could not under any circumstances undertake the subject if I am to be associated with a very young member of my profession, who however promising his talents might be, cannot contribute to the consideration of the subject that equal share of practical information and experience which I should have a right to expect. The Benchers of the Middle Temple are at liberty to communicate this to Mr. Railton as I am persuaded that my objection ought not to be felt by him as disparaging to his highly respectable character. Considering the very embarrassed state of the works at the Church and that they will require for their investigation and direction great personal attention under circumstances of an unusually difficult and vexatious nature, I should not have hesitated to decline all interference with them if I did not feel that the Society by whom I have been professionally engaged for upwards of twenty five years had a just claim upon my services in this matter so far as my declining health enables me to afford them. At the same time 1 cannot refrain from expressing my anxious desire and hope that the Church Committee (of the Inner Temple) will have the kindness to consider whether they may not be able to make some satisfactory arrangement in regard to the proposed measures without calling upon me for my services."

262


1841 EASTER TERM (Cont'd.) The following letter from Mr. Savage of 31 Essex Street, Strand, dated May 18th, 1841, and addressed to E. Eldred, Esq., Under-Treasurer of the Middle Temple, read: "Sir, My answer on 13`11to your letter of 8th May was written while you were waiting to receive it and before the painful surprise occasioned by its contents had sufficiently subsided to allow me to duly consider the effect of the Resolutions therein. After more mature consideration therefore, I beg leave to submit in answer to the first Resolution, that I will forthwith proceed in the investigation of Mr. Burnell's account and report the effect of that investigation. In reference to the second Resolution desiring me to send in my own account in respect of my services in the works at the Temple Church up to the present time, I beg to say that although from the nature of the business I cannot proceed to make out that account now, yet that circumstances shall not impede the progress of the business as I have not the slightest hesitation at once to say that I will leave that account to be settled by any respectable architect whom the two Societies may be pleased to appoint when the circumstances enable me to make it out. On the third Resolution, "that it be referred to two architects to make a general investigation and report to the two Societies on the subject of the works which have been done, and on the best mode of proceeding for the purpose of completing the repairs of the Temple Church with all consistent economy and pointing out what parts of the remaining repairs may be made the subject of contract and that they be requested to advise the Societies generally on the subject". On this I beg to say that I shall be most happy to attend the two architects and to furnish them with every information I have on the subjects referred to them and to afford all the means in my power to assist them in accomplishing the objects of three Resolutions. In reference to the fourth Resolution, "that Mr. Savage be directed to deposit in the hands of the Under-Treasurer all drawings, working drawings and plans, estimates and papers relating to the works in progress for the inspection and use of the aforesaid architects and Benchers of the Societies", I beg leave most respectfully to say that I hope the two Societies will not insist upon a literal performance on my part of this Resolution, regard being had to the fact that such drawings and papers are usually considered as the personal property of the architect and that it would be contrary to the usual practice of the profession so to part with them. At the same time I beg to say that 263


1841 EASTER TERM (Cont'd.) (conscious as 1 am of the rectitude of my intentions and the propriety of my proceedings under the circumstances in which I was placed) I am ready and anxious to lay them before the two architects in the most ample manner as I have already stated, and I therefore trust the Parliaments of the two Societies will see that it is only a sense of what I conceive to be a duty to my profession as well as to myself compels me to request to be exonerated from such literal compliance." Ordered that no visitors be admitted into the Church during the repairs except by a written Order from one of the Masters of the Bench. Ordered that authority be given to the Account Committee to provide a competent professional Accountant to investigate the accounts of the Society for the last five years, with power to call before him all Officers of the Establishment, and the late Officers, for examination, and to call for all books, papers and accounts for the last fivc years, to report thereon, and to lay down a system of book keeping for the future as may secure the Society from further loses. [signed]: "Examined John Wyatt November 1841"


1841 TRINITY TERM

BENCH TABLE May 25

Present The Treasurer,Sir Charles Wetherell, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. G. Richards, Mr. Armstrong,Mr. Wyatt, Mr. Dowdeswell and Sir John Beckett. Ordersof the last term were read. Mr. Henry Barrett,a student, having paid all dues, to have his name withdrawn and his bond delivered up. Application to the Benchers of the InnerTemple of Mr. Augustus Goldsmid, a member of Lincoln's Inn, dated May 14th1841, read. He requests admission as a member of InnerTemple, but on account of his professing the Jewish persuasion, has been advised, "thatthere has not hitherto been any person of that religion admitteda member of your honourableSociety". He asks for advice of the Bench whether he would be able to "migratefrom Lincoln's Inn (of which Hon. Society he is and has been a member for the last three and a half years and where he has kept his terms and exercises)" and to be admittedand ultimately to be called to the Bar by this Society. Orderedthat the matterbe adjournedand that the Sub-Treasurerdo search for precedents and also make enquiries of the other Inns of Court whether a gentleman of the Jewish persuasion has ever been admittedor called to the Bar by either of the four Inns of Court. Order from the Middle Temple, made at an adjournedParliamentheld on 20thMay 1841, read: "Ordered: That the Masters of the Bench of the Middle Temple consider themselves pledged to confirm the appointmentof Mr Railton as Architect, unless some satisfactorygroundof objection can be urged against this appointment. That they do not consider the objection, suggested by Sir Robert Smirke's letter of 18thMay instant, is such as would justify them in rejecting Mr. Railton. That nevertheless the Mastersof the Bench consider that the interests of both Societies peremptorilyrequirethat there should be perfect unanimitybetween the two Societies in regardto the appointmentof the architects.

265


1841 TRINITY TERM (Cont'd.) That the Masters of the Bench therefore propose that the Benchers of the Inner Temple be requested to appoint a deputation from their Bench to meet a deputation from the Bench of the Middle Temple with a view to their concurring in a joint appointment of architects. That the following gentlemen be deputed on behalf of the Middle Temple to meet the deputation from the Inner Temple, viz.: Masters Pollock, Andrews, Girdlestone, and Newland, with power to concur with the deputation from the Inner Temple in the appointment of architects. And that the Church Committee on behalf of this Society, be authorized to protect the Temple Church from damages." "Ex.d copy Edw. Eldred, Sub-Treasurer" Ordered that the Treasurer, Sir Charles Wetherell, Mr. Burge, Mr. Spence and Sir John Beckett, be a deputation on the part of this Society to confer with the deputation appointed by the Middle Temple, to consider the appointment of an architect or architects, and make their Report thereon to the Bench. The following Report, dated 24`h May 1841, having been read and taken into consideration, viz.: "At a meeting of the Committee appointed to consider the expediency of having divine service performed in the Temple during the repairs of the Temple Church. Present Mr. Burge, Mr. Spence, Mr. Wyatt, Mr. Hardy and Mr. Hallam of the Inner Temple, and Mr. Pollock and Mr. Newland of the Middle Temple. It was the opinion of the majority of the Committee that divine service cannot lawfully be performed in the Middle Temple Hall or any place other than the Church, unless such Hall or place be previously certified to the Quarter Sessions, as required by the 52 George III c.155 s.2 and, as such certificate is required to be returned to the Bishop of London's Court, to be there registered. It was also the opinion of the majority of the Committee that such registration might originate a jurisdiction over the Temple on the part of the Bishop of London, which does not at present exist, and that the risk of such jurisdiction ought not to be incurred. It was therefore unanimously resolved that under these circumstances and taking into consideration the nearness of the long 266


1841 TRINITY TERM (Cont'd.) vacation during which a large majority of the members of the two Societies are absent from town, that it would not be expedient to have divine service in either of the Temple Hall or any place other than the Church. That the Treasurers of the two Societies be requested to report this Resolution to the Benchers of the respective Societies." Ordered that the Report be confirmed and adopted on the part of this Society. Petition for relief ofJoan Bedwin, widow of a former watchman and late a pensioner of the Society, taken into consideration: ordered that the sum of ten pounds be given to her as a gratuity. Ordered that the sum of five pounds be given to Edward Collins, a watchman of this Society to pay the funeral expenses of his mother, late a pensioner and widow of a former watchman. BENCH TABLE May 28

Present The Treasurer, Mr. Holt, Mr. Thesiger, Mr. Spence, Mr. Armstrong, Mr. Wyatt and Sir John Beckett. Mr. Thomas Allen, a student of Lincoln's Inn, to be admitted to the Society on his certificate from Lincoln's Inn. Mr. Robert Jones, a student, having paid all dues, to have his name withdrawn, his deposit returned and his bond delivered up. Mr. Richard Nathaniel Philipps, who was admitted a member of this Society by the name of Nathaniel Richard Philipps to have his name so altered in the Books of the Society. The following Report from the deputations of the Masters of the Bench of the two Societies of the Inner and Middle Temple, dated 28th May 1841, read: "At a meeting of the deputations of the Masters of the Bench of the two Societies upon the subject of the appointment of architects, pursuant to the third Resolution of the Bench of the Middle Temple of 3O11April, adopted with certain modifications by the Bench of the Inner Temple of I s' May 1841. Present Sir Charles Wetherell, Mr. Burge, Mr. Spence and Sir John Beckett of the Inner Temple, and The Treasurer Mr. Balguy, Mr. Girdlestone, Mr. Pollock and Mr. Newland of the Middle Temple.

267


1841 TRINITY TERM (Cont'd.) It being considered by the deputations from the two Societies that the interests of both Societies require that the architects should be appointed by the Societies jointly, and the deputation from the Middle Temple having suggested that Mr. Decimus Burton should be one of the joint nominees: resolved that Sir John Beckett be requested to see Sir Robert Smirke and solicit him to co-operate with Mr. Decimus Burton in naming a second architect to act jointly with Mr. Burton on behalf of both Societies for the purposes of carrying into effect the following Resolutions passed on behalf of both Societies, viz.: That it be referred to two architects to make a general investigation and report to the two Societies on the subject of the works which have been done, and on the best mode of proceeding for the purpose of completing the repairs of the Temple Church with all consistent economy, and pointing out what parts of the remaining repairs may be made the subject of contract, and that they be requested to advise the Societies generally on the subject. That Mr. Savage be directed to deposit in the hands of the Under-Treasurer all drawings, working drawings and plans, estimates and papers relating to the works in progress, for the inspection and use of the aforesaid architects." Ordered that the Report be adopted and confirmed. Ordered that Robert Vaughan Richards, Esq., one of the Masters of the Bench, be allowed the present term as kept, on account of ill health. BENCH TABLE Jun. 1

Present The Treasurer, Sir Charles Wetherell, Sir Frederick Pollock, Mr. Holt, Mr. Twiss, Mr. Cresswell, Mr. Burge, Mr. Platt, Mr. Evans, Mr. Armstrong and Mr. Dowdeswell. The following Report from the deputation of the Masters of the two Societies, dated this day, read: "Tuesday l't June, 1841 At a meeting of the deputations of the Masters of the Bench of the two Societies upon the subject of the appointment of architects, pursuant to the third Resolution of the Bench of the Middle Temple of SUth April, adopted with certain modifications by the Bench of the Inner Temple of 1st May 1841. -

Present The Treasurer, Sir Charles Wetherell, Mr. Burge, Mr. Spence and Sir John Beckett of the Inner Temple, The Treasurer, Mr. Pollock and Mr. Girdlestone of the Middle Temple. 268


1841 TRINITY TERM (Cont'd.) Sir John Beckett communicated a written statement of what he had done in pursuance of the Resolution passed at the last meeting on 28th May and confirmed by the Benches of the two Societies on the same day, as follows: "Saturday, 29thMay 1841 Called at Sir Robert Smirke's —he too unwell to come to town —saw Lady Smirke. She was going back to Stanmore at five o'clock. She doubted about his being able to come to town on Monday. I thought it would forward the object of the Resolution and prevent delay if Mr. Burton could be prevailed upon to go down to Stanmore and I called upon Mr. Burton to ask if he could do so. He gave me hopes that he might be able to do so on Monday 31st, yesterday, as he had a work going on between Harrow and Stanmore, but that some other business might intervene and prevent him. However he asked me for a copy of the Resolutions of this Committee, which I gave him. I then called again on Lady Smirke before five o'clock, and told her I had seen Mr. Burton with the view of saving Sir Robert Smirke's journey to London, that I had given him by his desire a copy of the Resolutions, and that I found under any circumstances that it would be desirable Sir Robert Smirke should write a line to Mr. Burton by Sunday's post to state whether his health would permit him to be in town on Monday morning and meet Mr. Burton either at his house or mine if they liked to use it. I then enclosed a note to that effect with a copy of the Resolution for Sir Robert Smirke's information, which Lady Smirke undertook to give him. Sir Robert Smirke did write to Mr. Burton as I had suggested." Sir John Beckett then read the following correspondence, viz.: Letter written to him by Sir Robert Smirke, from Stanmore, and dated May 30th 1841, viz.: "My dear Sir, I am sorry you should have had any unnecessary trouble on my account upon the subject of the Temple Church. I have written to Burton as you suggested, and although very unwilling to make an appointment just now from the fear of being unable to keep it, I have told him I would endeavour to be in Stratford 269


1841 TRINITY TERM (Cont'd.) Place on Tuesday at 12 o'clock, and if convenient to him would see him there about that time. I have said however that I thought it hardly necessary that he should have the trouble of calling upon me upon the subject, as I was persuaded he would readily undertake the reference in conjunction with my brother whom I wished to propose to act for me on the part of the Inner Temple Society. Believe me, my dear Sir, very sincerely yours, Rob. Smirke" Letter to D. Burton, Esq., from Sir Robert Smirke of Stanmore, Middlesex, and dated May 30th 1841, read: "Sir John Beckett has written requesting me to see you upon the subject of the proposed reference concerning the Temple Church. In the present very uncertain state of my health I am unwilling to make an appointment from the fear of being unable to keep it, but I will endeavour to be in town (in Stratford Place) on Tuesday at 12 o'clock and shall be glad if it is convenient to you to favour me with a call there about that time. Perhaps however it is hardly necessary that you should take the trouble to do so, for I think I may assure myself you would willingly undertake the subject of the reference in conjunction with my brother, who I wish to propose to act for me on the part of the Inner Temple Society. Believe me, my dear Sir, [signed] Rob. Smirke" Reply to Sir Robert Smirke, from Mr. Decimus Burton of 6 Spring Garden, and dated 31st May 1841, read: "Dear Sir Robert, I regret to learn by your note of yesterday that your health is not yet re-established and I further regret I have an engagement in the country, which will prevent me from having the pleasure of calling upon you tomorrow. I beg to add, I am perfectly willing to undertake the subject of the reference with your brother Mr. Sidney Smirke, whom you propose to act for you on the part of the Inner Temple Society."

270


1841 TRINITY TERM (Cont'd.) Resolved unanimously that the deputations from the two Societies recommend that Mr. Decimus Burton and Mr. Sydney Smirke be appointed the architects on behalf of both Societies for the purposes of the Resolutions passed by the two Societies on 30th April and May 1841 respectively. Resolved that the above Resolutions be reported this day to the Benchers of the two Societies." Ordered that the Report be adopted on the part of this Society. Upon taking into further consideration the application of Mr. Augustus Goldsmid, a member of the Jewish persuasion, pursuant to BTO -th May last, and upon reading the following communications received from the other Inns of Court, addressed to Mr. Martin, Inner Temple, viz.: "Lincoln's

Inn

27th may 1841

In answer to your favour of the 26 th instant, requesting to be informed whether a gentleman of the Jewish persuasion has ever been admitted or called to the Bar by the Society of Lincoln's Inn. I beg to inform you that a gentleman of that persuasion was admitted of this Society and called to the Bar in Hilary Term 1833 and now practises as a barrister in the Stone Building. [signed] Michael Doyle, Steward"

"Middle Temple 27th —ay m 1841 In reply to your letter requesting to know whether this Society has ever admitted or called to the Bar a gentleman of the Jewish persuasion, you are informed that a gentleman of that persuasion was admitted a member of this House in the year 1839 but it does not appear that any person of that persuasion has been called to the Bar of this Society, although such may have happened without any record being made thereoL or without being known to the Society. [signed] Edward Eldred, Sub-Treasuer"

271


1841 TRINITY TERM (Cont'd.) "Gray's Inn 29th May 1841 I am not aware the Society of Gray's Inn has ever admitted or called to the Bar a gentleman of the Jewish persuasion, nor any one every applied. In a letter from your Society of 7th November 1817, I find that John Hart was refused to be admitted a member of your Society, he being a Jew. [signed]

Thomas Griffith, Steward"

Sir Charles Wetherell moved that it is expedient that this Society should further investigate Mr. Goldsmid's application before it comes to a distinct Resolution. Resolved that the religious persuasion of Mr Goldsmid is no objection to his being admitted to this Society with the view of his being called to the Bar. PARLIAMENT Jun. 4

Present The Treasurer, Mr. Law, Mr. Holt, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Evans, Mr. Armstrong and Mr. Wyatt. Parliament dissolved. BENCH TABLE

Jun. 4

Present The Treasurer, Mr. Law, Mr. Holt, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Evans, Mr. Armstrong and Mr. Wyatt. Mr. William Fox, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. BENCH TABLE

Jun. 8

Present The Treasurer, Sir George Rose, Mr. Law, Mr. Burge, Mr. Spence, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong and Mr. Wyatt. Letter from the Sub-Treasurer, Mr. Edward Eldred, of the Middle Temple, dated 5th June 1841, read: "I have to inform you that the Resolutions of the deputations from the two Societies, which were confirmed and adopted by the 272


1841 TRINITY TERM (Cont'd.) Society of the Inner Temple on the 1st instant, have been confirmed and adopted on the part of this Society." Upon a representation being made to the Bench, ordered that Mr. Francis F. Courtenay, a student, who having dined in the Hall one day in the last week, be allowed the present term upon his dining in the Hall two days in this week. PARLIAMENT Jun. 11

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr. Burge, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Wyatt and Mr. Dowdeswell. Ordered and enacted that the Treasurer and six Benchers of this Society, the next in succession to the Treasurership, be authorized to borrow of Messrs. Goslings & Sharpe, the Bankers of the Society, the sum of fifteen thousand pounds [f.15,000] on the best terms they can, to be repaid with interest by half yearly instalments of two thousand pounds [f2,000] each, the first instalment to be made in June 1842. And to give an assurance on the part of the Society to see the proposed arrangement for the repayment of the money out of the funds of the Society carried into effect, and further to deposit with Messrs. Goslings & Sharpe, such conveyance of the Alienation Office and Garden as the Society may receive from the Crown in part security for the money to be advanced. And further that Messrs. Goslings be irrevocably appointed Receivers of the rents of Nos. 1 and 2 Mitre Court Buildings and No.13 King's Bench Walk, until the full amount of principal and interest be repaid, to be put in force on default of payment of any of the instalments. Messrs. William Breynton, Stephen Barney, Richard Nathaniel Philipps, Thomas Henry Haddan, John Eustace Grubb, Joseph Alfred Hardcastle, John Clerk, Mowbray Morris, Edward William St. John, and Thomas Allen, called to the Bar. John Edmund Dowdeswell, Esq., to be Reader for the next Trinity vacation. BENCH TABLE

Jun. 11

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr. Burge, Mr. Starkic, Mr. Rogers, Mr. Chilton, Mr. Wyatt and Mr. Dowdeswell. Mr. Augustus Goldsmid, a student of Lincolns's Inn, to be admitted a member of this Society on his certificate from Lincoln's Inn, for the purpose of his being called to the Bar here."

14

"See Order of 1' May 1541" written in margin.

273


1841

TRINITY TERM (Cont'd.) Ordered that the Treasurer be requested to appoint a Warder in the room of Thomas Davis deceased. Mr. Rogers giving notice of motion for Friday, 25" instant, "that the sum of thirteen guineas be granted to Mr. Rowlatt as a gratuity On the part of the Bench in consideration of Mr. Rowlatt having lost the chances of nomination by individual Benchers (whose undoubted patronage it is to appoint) to preach the afternoon Sunday sermons owing to the Church being under repair." The Committee appointed on 5th November 1839 to ascertain whether the attendance of Mr. Smith can be continued as Preacher at the Temple Church, and who were requested to make their report to the Bench upon the subject as early as possible, not having done so: ordered that they do make their report forthwith. Business adjourned to Wednesday next, 16th instant. BENCH TABLE Jun. 16

Present The Treasurer, Sir Charles Wetherell, Mr. Burge, Mr. Spence, Mr. Rogers, Mr. Chilton, Mr. Armstrong and Mr. Wyatt. Order received from the Middle Temple, read: "At a Parliament held on 11th June 1841. Ordered that a donation of eight pounds be given to the Revd. Mr. Rowlatt at the next quarter day to be distributed by him amongst the poor who may have been deprived of the sacrament money by the repairs at the Temple Church. copy

Edward Eldred, Sub-Treasurer"

Ordered that the like sum be given for the same purpose by this Society. The motion of Mr. Chilton, seconded by Sir Charles Wetherell, -that the Report received from the two Architects, dated 14thinstant, which ought to have been presented to the Bench this day, be circulated amongst the Benchers and taken into consideration on Monday next": ordered that copies of the above Report be sent to the Masters of the Bench and that the same be taken into consideration on Tuesday next. Business adjourned to Friday next, 18thinstant.

274


1841 TRINITY TERM (Cont'd.) BENCH TABLE Jun. 18

Present The Treasurer, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Armstrong and Mr. Wyatt. Business adjourned to Tuesday next, 22nd instant. BENCH TABLE

Jun. 22

Present The Treasurer, Mr. Spence, Mr. Armstrong, Mr. Rogers, Mr. Wyatt and Mr. Dowdeswell. Letter, dated 14th June 1841, read from Messrs. Smirke and Burton, the Architects: In accordance with the instructions contained in the Resolution of the two Societies of lst May last, we have examined the works at the Temple Church and such papers relating thereto as are in our hands. -

We beg to state that we are at present wholly without documents to enable us to give an opinion on the subject of the accounts for work done. We understand that the mason's account is now in course of examination by two experienced accountants. Until this examination is completed, and the accounts placed in our hands, it is of course necessary to postpone all that branch of the enquiry. With respect to the works themselves and the course to be adopted for their further progress, we beg to say that we have not considered ourselves called upon to give any opinion as to the necessity that may have originally existed for undertaking the various repairs in hand; indeed the building has been in every part so boldly handled that it is perhaps impossible for us from any present inspection to know what was the condition of the greater portion of the building previously to the commencement of the repairs. There are certainly some works undertaken which we cannot but regret, as the stability of the fabric seems to us endangered thereby. We allude: I si to the cutting away of the bases of the pillars supporting the roof and vaulting of the Square Church. 2thi ) to the large opening made in the pier near the south east angle of that Church to receive the tomb of Heraclius. 3rd to the entire and simultaneous removal of the two great buttresses at the east end. )

The two latter works have already caused slight failures in the newly restored works, whilst the first mentioned repair, seems to us of even a still more hazardous character. We cannot contemplate without much anxiety the present state of one of these pillars. 275


1841 TRINITY TERM (Cont'd.) The proposed removal and rebuilding of the pillars in the Round Church and the vaulting connected therewith, as well as several other parts of both divisions of the Church, demand early and serious attention and we will without delay continue our consideration of the most advisable course to bc taken in regard to them, but wc consider that it would not be prudent in the meantime to allow the three works, before specified, to remain in their present very unsatisfactory condition. We therefore recommend that masons should at once be engaged and instructions given to proceed upon such portions of the above three works as more immediately demand attention. But previously even to taking this step urgently required as we think it is, we believe that in order to avoid further embarrassment it will bc very necessary to take an exact inventory of all the materials and utensils now on the premises, so that the Societies may clearly understand what is their property and what is the property of the several tradesmen employed. We consider that the inventory should be forthwith prepared by the Clerk of the Works on the part of the Societies, and by the tradesmen or their respective foremen. We beg to assure the Building Committee that we will prepare our General Report at the earliest possible time consistently with the due consideration of so complicated and perplexed a subject.-

The following recommendation of the Church Committee, read, viz.: "Resolved that it be recommended to the Benchers of the two Societies to request Messrs. Smirke & Burton forthwith to reinstate the buttresses, and complete the repairs of the east end (so far as in their opinion will be necessary to secure the fabric), and also the bases of the pillars supporting the roof and the vaulting of the Square church and the large opening in the south east angle thereof to receive the tomb of Heraclius, and to employ such workmen as they may think fit for the purpose, and report to the Bench as soon as they have completed the same and to dispense with the services of Mr. Savage as Architect so far as relates to the above mentioned repairs, and that this Resolution be communicated to Mr. Savage." Ordered that the same be confirmed and adopted by this Society and that it be communicated to Mr. Sidney Smirke and Mr. Decimus Burton. Business adjourned to Friday next, 25th instant. BENCH TABLE Jun. 25

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers and Mr. Armstrong. 276


1841 TRINITY TERM (Cont'd.) Ordered upon the motion of Mr. Rogers "that the sum of thirteen guineas be granted to Mr. Rowlatt as a gratuity on the part of the Bench in consideration of Mr. Rowlatt having lost the chances of nomination by individual Benchers (whose undoubted patronage it is to appoint) to preach the afternoon Sunday sermons owing to the Church being under repair." Letter, dated 22ndJune 1841, read from the Sub-Treasurer of the Middle Temple: "I am directed to inform you that the Resolution of the Church Committee, dated this day, which was confirmed and adopted by the Masters of the Bench of the Inner Temple, was this evening confirmed and adopted by the Masters of the Bench of this Society."

Letters to Mr. Martin, the Sub-Treasurer, dated respectively, 23' and 25th June 1841, read from Messrs. Burton and Smirke, as follows: "23rd June, 1841 We beg to acknowledge the receipt of your letter of yesterday's date [22" June] transmitting a copy of a Resolution adopted by the two Societies last evening. We regret to find that the inventory which we recommended to be made is not yet prepared, for as we have already stated, unless such an inventory be made out previously to the introduction of fresh workmen into the premises, we foresee that the difficulty in the way of settling the tradesmen's accounts for past works will be greatly increased. As the case, however, is one of urgency we have, acting on the authority of the Resolution, taken upon ourselves to apply to a mason of well known character and respectability, Mr. Mallcott, to undertake the execution of the particular works referred to therein. We have thought it necessary to engage temporarily and at a weekly salary of 2 'A guineas a very competent and experienced Clerk of the Works, Mr. Birch, to act in conjunction with Mr. Knight in seeing these critical works carefully performed, and with him to keep the accounts for the same separate, and with him to take account of all the materials that may be used. We have directed Mr. Mallcott to proceed on Friday on the restoration of the base of the north east pillar and the other works shall be afterwards commenced with the least possible delay.

277


1841

TRINITY TERM (Cont'd.) Before however these new masons come upon the premises, we strongly urge the necessity of appointing an efficient watch at the gates with strict injunctions not to allow any article whatever to be removed off the premises without the written authority of Birch & Knight. With regard to Knight, we think it very advisable under the present circumstances to retain his services but we recommend him to be engaged in future at a weekly salary as is usual." "25th June, 1841 The masons, having this day commenced the works at the Church, which we have received authority to proceed upon, we think it proper to remind the Church Committee of the representation we made, when we had the honour of attending their meeting of the immediate necessity of our being put in possession of the drawings, or copies thereof, which have been prepared for those works. We would suggest that a letter be addressed to Mr. Savage by the Committee requesting these documents which we have no doubt he will readily furnish as his desire must be that this design should be fully carried out." Business adjourned to Wednesday, 30th instant. BENCH TABLE Jun. 30

Present The Treasurer, Mr. Twiss, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Armstrong and Mr. Wyatt. Letter to the Sub-Treasurer of the Inner Temple, from Mr. Savage, of 31 Essex Street, and dated June 28th 1841, read: "I beg to acknowledge your letter of 23rd instant enclosing a copy of a Resolution confirmed and adopted by the two Societies of the Inner and Middle Temple to the following effect: "Resolved that it be recommended to the Benchers of the two Societies to request Messrs. Smirke & Burton forthwith to reinstate the buttresses, and complete the repairs of the east end (so far as in their opinion will be necessary to secure the fabric), and also the bases of the pillars supporting the roof and the vaulting of the Square church and the large opening in the south east angle thereof to receive the tomb of Heraclius, and to employ such workmen as they may think fit for the purpose, and report to the Bench as soon as they have completed the same and to dispense with the services of Mr. Savage as Architect so far as relates to the above mentioned repairs.-

278


1841 TRINITY TERM (Cont'd.) I have also to acknowledge the receipt of a letter from you of the 25th instant, enclosing by direction of the Church Committee, a copy of a letter from Messrs. Burton and Smirke as follows: "The masons, having this day commenced the works at the Church, which we have received authority to proceed upon, we think it proper to remind the Church Committee of the representation we made, when we had the honour of attending their meeting of the immediate necessity of our being put in possession of the drawings, or copies thereof, which have been prepared for those works. We would suggest that a letter be addressed to Mr. Savage by the Committee requesting these documents which we have no doubt he will readily furnish as his desire must be that this design should be fully carried out." To which you are pleased to add: "and by reference to the following extract from your letter of 18thMay last "I am ready and anxious to lay them (the plans etc.) before the two architects in the most ample manner as I have already stated. The Committee do not anticipate any objection on your part to comply with the wishes of the two architects." In answer to which, I beg to state that in the absence of information of the proceedings of the Church Committee, or of their intentions in respect of my being continued hereafter to complete the works I have begun, I have felt myself much embarrassed as to the conduct it becomes me to pursue both, as it regards myself and the interests of the Church. But feeling great anxiety for the successful progress of the works and unwilling to throw any impediment in the way, I have after as much consideration as the time since receiving your letter has allowed, determined to deposit the drawings referring to the works mentioned in the hands of Mr. Knight, my Clerk of the Works, at the Church for the use of the said works. To prevent being misunderstood, I beg to say that although I have furnished the drawings required, I do not profess to do it "readily" because I am of opinion that the architect who has planned a work is the only one who can "fully carry it out". I also beg leave further to observe, in reference to your letter of 25thinstant, that the quotation you therein make from my letter of 18th May last, appears to me in its original position and with the context not to bear the construction which your letter apparently puts upon it. That 279


1841 TRINITY TERM (Cont'd.) offer on my part was to assist and enable the two architects to accomplish the objects of the third Resolution (of 7th May). That Resolution says nothing of the two architects being employed to conduct the works or any part thereof The purposes therefore being different, I conceive the quotation under the present circumstances, does not apply. Nevertheless, having deposited the drawings as above stated, I do not think it necessary to add any thing more in relation thereto." Business adjourned to Wednesday next, the 7ffiJuly. BENCH TABLE Jul. 7

Present The Treasurer, Sir Charles Wetherell, Mr. Harrison, Sir George Rose, Sir Frederick Pollock, Mr. Twiss, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Wyatt and Mr. Dowdeswell. Letter to the Sub-Treasurer of the Inner Temple, dated July 5th 1841, read from Messrs. Burton and Smirke: "We shall feel obliged by your calling the attention of the Church Committee to the fact that we remain still with many documents that are absolutely necessary for us to have access to, before we can fully report our opinion upon all the subjects to which our attention was directed in your communication of 7th ultimo. None of the accounts have yet been placed in our hands. We are of course therefore unable at present to afford any assistance to the Committee on this subject. We are also without any of the drawings for the works proposed or in progress, except the 3 or 4 drawings recently placed by Mr. Savage in Mr. Knight's hands relating to the east end, and to the tomb of Fleraclius. We beg leave to suggest that a letter should be addressed by the Church Committee to Mr. Savage, requesting that gentleman to be so good as to afford us an early opportunity of inspecting all the drawings (or tracings or copies thereof) that have been prepared for the restoration of the Church. We would further suggest that the same be placed in your hands during one week for our reference, to enable us to proceed with the report which we are desired to prepare." Resolved that Mr. Savage be requested forthwith to furnish the Temple Church Committee with all the accounts of the works done, revised by him with such comments as he may think fit to make upon them. 280


1841 TRINITY TERM (Cont'd.) And, that Mr. Savage be further requested to furnish them with all the drawings or traces or copies thereof that have been prepared for the restoration of the Church, for the inspection and consideration of Messrs. Smirke and Burton for one week in order to enable them to proceed with the report which they have been desired to prepare. Business adjourned to Wednesday next, 14th instant. BENCH TABLE Jul. 14

Present The Treasurer, Sir George Rose, Mr. Burge, Mr. Spence, Mr. Wyatt, Mr. Dowdeswell and Mr. Hallam. Mr. Philip Ferdinand Christin, a student, having paid all dues, to have his name withdrawn, his deposit returned and his bond delivered up. Mary Davis, widow of Thomas Davis, late one of the Warders, having by petition prayed for relief: ordered that the sum of seven shillings a week be granted to her from the death of her late husband, during the pleasure of the Bench. Letter to Edward H. Martin, Esq., the Sub-Treasurer of the Inner Temple, dated July 9th 1841, read from Mr. Savage: "In pursuance of the Resolution of the Church Committee of 7th July instant, received from you yesterday at Luton, requesting me "to furnish the Committee with all the drawings or tracings or copies thereof that have been prepared for the restoration of the Church, for the inspection and consideration of Messrs. Smirke and Burton for one week in order to enable them to proceed with the report which they have been desired to prepare". [I am] agreeable to the arrangement which I made with you yesterday, in consequence, namely that I would send my drawings to you this day, with the understanding that they are not to be shown to any parties except the members of the Church Committee and the two architects named in the Resolution, and that they are not to be copied or traced. I therefore send them accordingly. They are numbered 1 to 79 inclusive and are in a portfolio the key of which the bearer will deliver to you herewith. In respect to the first part of the Resolution, namely that I "be requested to forthwith furnish the Temple Church Committee with all the accounts of the works done, revised by me with such comments as I may think fit to make upon them", I beg to say that I am proceeding with them with all possible dispatch and will furnish them as soon as possible."

281


1841 TRINITY TERM (Cont'd.) The following documents numbered respectively, in the margin, 1,2,3,4, were taken into consideration, viz.:

No. 1

'A' "Church Committee Monday, 12thJuly 1841 That Mr. Savage be requested to attend the Committee and that the following communication be made to him. That the Committee, from the delay which has occurred and the strong opinion which prevails in both Parliaments that much valuable time has already been lost in the completion of the Church, and that no further delay ought to be permitted to take place, and having regard to all the proceedings of the two Parliaments, and the circumstances of the case as appearing upon the documents furnished by Mr. Savage, feel themselves under the absolute necessity of recommending the following Resolution for the adoption of the two Parliaments namely: That the Benchers of the two Societies feeling it incumbent on them immediately to proceed with the repairs of the Church, and feeling that considering what has passed, Mr. Savage could not be employed to complete the works without further investigation, which would create additional delay, more especially as the reports which have been directed to be made have not been furnished and there is no prospect of their being obtained at any definite period, the Benchers deem it necessary to dispense with the services of Mr. Savage in the further prosecution of the works and to employ two new architects. The Committee however, have determined previously to communicate to Mr. Savage the proposed recommendation in case he should wish to relieve the Committee from the necessity of submitting it to the decision of the two Parliaments. The Parliament of the Inner Temple meet on Wednesday next, that of the Middle Temple on Monday next, 19thinstant."

No. 2

Mr. Savage's reply to the proposed recommendation of the Committee, dated 12thJuly, 1841, marked 'A'. "Respecting the valuable time which has already been lost in the completion of the Church, no part of that delay has been occasioned by me, and no one can more sincerely regret it than I do. Respecting the Report on Burnell's account, which has required a very laborious and difficult investigation, 1 expect to complete it this week. 282


1841 TRINITY TERM (Cont'd.) The other accounts I anticipate no difficulty with, and shall probably be able to report on them in the following week. What the circumstances of the case alluded to as "appearing upon the document furnished by me" may be, I know not, and crave information thereon, as I am not at all aware how they can justly lead to the recommendation of the Resolution proposed. But conscious as I am that I have deserved praise instead of blame, having conscientiously endeavoured to perform my duty, I cannot now consent to adopt any course which would imply any thing contrary to that conviction or that I shrink from any the most rigid investigation. I have promptly answered all the questions that have been put to me by the Committee and I had hoped satisfactorily, but I fear my answers have not been read. I think there is in them sufficient matter to exonerate me from blame in the mind of any and every impartial person. If there are any charges against me, I am ready to answer them and have always been so."

No. 3'B' "Church Committee 12thJuly 1841 Mr. Pollock in the Chair A copy of the Paper marked 'A' agreed to at the meeting this day at 11 o'clock, having been forwarded to Mr. Savage by the Under-Treasurer with an intimation that the Committee would be happy to receive any communication he might think proper to make at the adjourned meeting at 4 o'clock. Mr. Savage attended at 4 o'clock and handed in a written statement, in reply to the above communication, (which having been read), the Chairman stated to Mr. Savage that the Committee had communicated to him the Paper which he had this morning received and to which he had just replied, in consequence of a very general desire on the part of the two Societies that the works at the Church should be proceeded with, so as not to lose the present season, and from a conviction on their minds, that the majority of neither Bench would consent to permit the works to be resumed in their former course until the investigation of the accounts should be terminated, and the Report made by the two Architects, to whom the works had been referred. And as it appeared to the Committee that these matters could not be brought to a termination until the end of the season, and as the Benchers were about to separate for the long vacation, the Church Committee felt themselves compelled to adopt the recommendation which he had had transmitted to him, but 283


1841 TRINITY TERM (Cont'd.) that the Committee had avoided making allusion to any imputation upon his conduct as architect. To this Mr. Savage replied that referring to the expression in the Paper he had received, viz. "the circumstances of the case as appearing upon the documents furnished by Mr. Savage", he could not but feel that it implied a charge against him and he therefore requested to know the meaning of that expression. Mr. Savage was then requested to withdraw, and the Committee after taking into consideration what had passed with Mr. Savage, directed him again to be called in, when the Chairman, as authorized by the Committee, stated to him that the circumstances pointed to in that expression related to the fact that the utmost estimate laid before them and communicated to the Parliament of the two Societies, did not amount to the sum of £23,850, whereas upon calculating the cost of the past and future expenditure, the estimate could not amount to less than about £39,200. And as it was upon that discovery that the two Societies ordered the works to be stopped, the Committee felt convinced that the only course which would enable them to proceed with the Church with the consent of the Benchers, was that which they proposed to recommend, and of which he had received a copy. Mr. Savage then withdrew, when it was resolved that a copy of the above be communicated to Mr. Savage and that Mr. Savage be informed that the determination to submit the proposed Resolution to the Benches of the two Societies, has been come to upon grounds wholly independent of any decision on the part of the Committee as to the propriety or impropriety of Mr. Savage's conduct as architect which must be considered as left entirely open.-

No. 4

Mr. Savage's statement in reply to second memorandum from the Committee of 12thJuly, 1841, marked `B'. The Committee in their second memorandum of 12thJuly, communicated to me on 13th, state as a -fact that the utmost estimate laid before them and communicated to the Parliament of the two Societies did not amount to the sum of £23,850, whereas upon calculating the cost of the past and future expenditure the estimate could not amount to less than £39,200", and that fact is made the ground of recommending that my services in the further prosecution of the works be dispensed with, and that new architects be employed. Upon which, I beg to observe that I cannot believe the Committee mean for a moment that it should be understood that what I in November 1840 estimated at £23,850 will amount to £39,200 or was so stated by me in April 1841. -

The amount of £39,200 contains numerous items never contemplated by any one in November 1840, and from my estimate of November 1840, were excluded with the perfect knowledge, and under 284


1841 TRINITY TERM (Cont'd.) the control of the Committee, various items inserted in the estimate of April 1841, the existence and progress of which they were perfectly aware of at the time of the estimate being rendered in November 1840. I have in the most frank and explicit manner in my answers to the repeated and searching questions of the Committee in April last, stated all and every oversight that was made in my estimate of November 1840 and the full amount of those oversights does not amount to ÂŁ4,000. The chief part of which arises from an improvement in the joiner's works and the expenses attending the carving and necessary modelling which I think every one would have regretted the not having been adopted, and which no one will even now be found to say they would desire to relinquish to save the difference of expense. I have before explained how this oversight on my part arose, namely, that in the haste with which the works were pressed, my attention had been directed first to substantiality, next to correctness of style and character; and that in the all absorbing attention to those two important subjects, joined to the various difficulties in checking and endeavouring to prevent imposition on the part of the mason, the continual revision of the estimate of the joiner's work had escaped me. Other contemplated buildings and unforeseen circumstances such as the monumental cloister, excavating thc interior of the Round Church and supplying concrete thereto, (the expense of moving bodies), the removal of the Knights, the sheds for receiving them, also sheds in the Master's Garden and churchyard and removals in churchyard, etc. etc. I think no one can hold me responsible for. It is known that I devoted myself most zealously to the work, and in that zeal for the successful completion of the work, I have neglected my Own interest and laid myself open to erroneous constructions, of which the paragraph in the communication from the Committee above quoted, is a proof; the evident tendency of that paragraph being to convey an impression that the difference in these two estimates is to be imputed to gross want of knowledge, integrity or attention On my part; an imputation which I utterly repudiate and defy the power of fixing upon me. If this is not meant, why ground so heavy a consequence upon it as my dismissal? My dismissal I contend will be an act of the greatest injustice to rue and certainly without any apparent or probable advantage to the progress or successful completion of the works. If I am dismissed, how will the Societies be better oft'? My character is as fair, I will be bold to say, as that of any man in the profession, for knowledge of construction, fiimiliarity with the style 285


1841 TRINITY TERM (Cont'd.) required and for combining economy with stability in building —what better security will the Societies have in any new architects." Resolved that the Benchers of the two Societies, feeling it incumbent on them immediately to proceed with the repairs of the Church, and feeling that considering what has passed, Mr. Savage could not be employed to complete the works without further investigation which would create additional delay, more especially as the Reports which have been directed to be made have not been furnished, and there is no prospect of their being obtained at any definite period: the Benchers deem it necessary to dispense with the services of Mr. Savage in the further prosecution of the works, and to employ Mr. Smirke and Mr. Burton to complete the works, they having expressed their willingness to undertake the same, but this Resolution not to be acted upon until confirmed by the Masters of the Bench of the Middle Temple. Business adjourned to Saturday,

17thJuly.

BENCH TABLE Jul. 17

Present The Treasurer, Mr. Harrison, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. G. Richards, Mr. Wyatt, Mr. Dowdeswell and Mr. Hardy. Report of the Committee appointed to investigate the conduct of William Canning, one of the warders, considered. The Committee comprising The Treasurer, Mr. Spence and Mr. Wyatt, pursuant to the BTO of 14th instant, investigated the complaint made against William Canning, and from the information given to them by the Inspector of the Watch and Ward, of his general misconduct, and the fact of his being intimately acquainted with many well known bad characters who are often seen with him in the Temple, and upon reference to the Inspector's Report Book, it appears that he has been frequently suspended and reprimanded for drunkenness and neglect of duty. The Committee reporting that in their opinion he is a very improper person to be employed by the Society and they therefore recommend that he be discharged. Ordered that he be discharged, and that the Treasurer be requested to appoint a warder in his room. Ordered that William Canning be allowed one month's pay as Warder from this day. Report received from Messrs. Burton and Smirke, the Architects, dated 17thJuly, 1841, and addressed to Mr. E.H. Martin, the Sub-Treasurer: "In compliance with the desire expressed in the Resolution of the Church Committee, passed at their meeting on 12thinstant, that we 286


1841 TRINITY TERM (Cont'd.) should make as complete a report as we can by this day upon the following branch of the inquiry contained in the Committee's letter of 7th June, viz. "what works remain to be completed to carry out the design mentioned in the Report of 3rdNovember, whether any of those works can consistently with that design be dispensed with, and what we would recommend in respect thereof'. We have carefully considered the subject and beg leave to submit the following statement of works which we think it is necessary, or highly expedient should be undertaken. Square Church —externally East Front The reinstatement of the two centre buttresses, as authorized by the Church Committee on 22n1 untimo, is now far advanced towards completion. The restoration of the other parts of the Front should be undertaken. North Side The restoration should be proceeded with and the new building to contain the organ, the vestry etc. should be completed. Square Church —internally Main Pillars The bases and footings of three of these having already been cut away and a fourth commenced according to a new design, a similar treatment of the remainder appears unavoidable. We find that the greater part of the wainscot benches is prepared. We regret that a plan was adopted for the scats - the carrying out of which renders it impracticable to restore the stone benches attached to, and forming a useful base to these pillars —for, whatever precautions may be adopted, some risk must obviously be incurred in the execution of this work. The Smaller Pillars on the side of the church should be fixed, the greater portion of which are prepared, and the unfinished portions of the ashlaring should be completed. The Tomb of Heraclius is now in progress as ordered by the Committee on 2211dultimo, and also the piscina, the masonry of which is connected with it. As the whole of this work will be concealed by the backs of the seats, we consider that it will cause a needless expense to enrich the arch with so much carving as was contemplated. The Paving and Flooring should be laid. The paving tiles we believe are made. The warming apparatus already partly fixed should be completed. The Wainscot Benches This work should be resumed and fixed as soon as the flooring is laid. We consider that some expense may be

287


1841 TRINITY TERM (Cont'd.) saved in the carving of those now unfinished, should such be desired by the Committee. These works should be The Or Jan Chamber and Sin ,er's Galle immediately resumed and completed in order to afford full time for the work to become dry before the instrument is placed. The failures which are apparent in the piers east and west of the new opening in the Church render it expedient to complete the unfinished portions of them including the triple arch and marble pillars. The Stained Glass Windows The four that have already been ordered, are we believe in progress. We fully concur in the propriety of adopting this additional ornament to the Church and should have been glad indeed to have seen the other windows similarly treated. Alta iece Railin Pul it and Readin Desks are works not yet commenced but of course indispensably necessary. Round Church —externally The north portion should be restored as has already been done with regard to the south, including the roof of the aisle. The Porch should be restored as nearly as possible to its original state, including the lowering of the pavement to the level of that of the Church and a suitable iron railing with gates. The Turret Stair requires to be repaired and we fully approve of the suggestion to place thereon the bell proposed to be removed from its present position. The Centre Roof we recommend should be removed and replaced by one so constructed as to allow of the ceiling being vaulted. Round Church —internally A new groined and vaulted ceiling constructed of wood should be substituted for the present ceiling. The Clerestory should be restored to its original state so far as circumstances will permit. The Triforium It is to be regretted that the 42 pillars which supported the arches should have been all removed before the new ones were prepared to supply their places. The intended shafts should certainly without further loss of time, be made and fixed, more particularly because serious defects appear in the masonry of this part requiring, careful reinstatement. 288


1841 TRINITY TERM (Cont'd.) The Six Clustered Pillars It appears now indispensable in order to render the restoration of the fabric complete, to remove these and substitute new marble shafts, but, we are bound to state that this work involves some risk. The Vaultin of the Aisle requires considerable repairs. A small portion of which only has hitherto been done. The Ashlarin and Arched Panellin on the Outer Wall The restoration of these, already commenced, should be completed, together with the wheel window.

Pavement

To secure the perfect stability of the clustered pillars we recommend the present cavity to be filled in with solid concrete and the general surface of the Church similarly prepared to receive the paving tiles.

The Monuments

As this subject is not of immediate importance and is one of difficulty and involving a variety of considerations, we beg for the present to withhold any opinion as to the future disposal of the monuments, confining ourselves to the expression of our full concurrence in the plan for their entire removal from the interior of the Church. On comparing the above enumeration of works, which we recommend to be executed, with those named in the Report of 3rdNovember last, it will be seen that in most respects they coincide. Whether a restoration so extensive as that which has been undertaken was strictly necessary or not, no view of the building in its present state would enable us to judge, but it is impossible for any one feeling an interest in the architectural antiquities of our Country not to be gratified at finding this beautiful structure about to be restored with so enlightened and liberal fi.-Tling."

Resolved On the part of this Society that the same be adopted and the works mentioned in the Report be proceeded in forthwith on the understanding that an estimate of the future expense to be incurred shall be furnished by the architects at as early a period as possible. Ordered that the terms of remuneration to be paid to the architects be arranged by the Church Committee. Business adjourned to Wednesday, 21 instant.

289


1841 TRINITY TERM (Cont'd.) BENCH TABLE Jul. 21

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Burge, Mr. Spence, Mr. Wyatt, Mr. Hardy and Mr. Hallam. Letter from Messrs. Burton and Smirke, the Architects, dated 19t1 instant, read and approved: In consequence of your verbal communication to Mr. Burton on Saturday evening, we have conferred upon the three subjects on which you state that the Committee desire immediate information, viz.: -

Within what period we could furnish correct estimates of the various works named in our Report of 17thAugust. What would be our professional charge if we should be engaged to superintend the execution of those works. What arrangement we would in such case recommend to be adopted with regard to the Clerk or Clerks of the Works; and we beg leave to state in reply that, Firstly, in consequence of the intricate nature of most of those works, requiring a number of measurements to be made, and many drawings and specifications to be prepared, we think that at least a month would be occupied in the preparation of correct estimates, and even this period would not suffice if we are not soon put in possession of the accounts for works done and for materials delivered. Perhaps under these circumstances, in order to avoid a delay which would be, at this season of the year, particularly objectionable, the Committee would deem it advisable to recommend to the Benches to authorize the expenditure of a definite sum of money for carrying into effect those works which demand earliest attention. In the meantime, the Committee may rely on our best exertions to prepare as speedily as possible, the detailed estimates which they desire. Secondly, our professional charge would be the usual commission of 5 per cent on the expenditure, for our joint services. The Committee will, however no doubt, admit the justice of some additional claim on our part, for the investigations and reports required of us concerning the works that have not been executed by ourselves. Thirdly, it appears to us desirable that for the present at least, the two Clerks of the Works now employed should be continued; but in consequence of an engagement previously made by one of them, Mr. Birch, he will, after the first week in next month, be unable to give 290


1841 TRINITY TERM (Cont'd.) more than half of each day to this business, for which a proper reduction on his salary will of course be made. [signed] Sydney Smirke Decimus Burton"

The following Resolutions from the Sub-Treasurer of the Middle Temple were read: "Middle Temple At a Parliament held by adjournment

19`" July, 1841.

Resolved that the Resolution of the Masters of the Bench of the Inner Table, dated 14th July instant, be adopted and confirmed by the Masters of the Bench of this Society. The Report from Mr. Decimus Burton and Mr. Sydney Smirke, dated 17th July and their letter dated this day, having been read and considered: resolved on the part of this Society that the works mentioned in such Report be proceeded in forthwith on the understanding that an estimate of the future expense to be incurred shall be furnished by the architects at as early a period as possible. Resolved that the Treasurer be authorized from time to time to advance such sums as the Church Committee may sanction for the purpose of proceeding with the works above authorized to be done, not exceeding ÂŁ5,000 and; Ordered that if a sale of South Sea Annuities be necessary for that purpose the Treasurer be authorized to make such sale accordingly." Business adjourned to Wednesday next, 28th instant. BENCH TABLE Jul. 28

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Burge, Mr. Spence and Mr. Wyatt. Business adjourned to Wednesday next, 4` August. BENCH TABLE

Aug. 4

Present The Treasurer, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Burge, Mr. Spence and Mr. Wyatt.

291


1841 TRINITY TERM (Cont'd.) Mr. Wyatt giving notice of his motion on the first business day of the next term, "that the Bench do take into consideration the propriety of limiting the number of Masters of whom the Bench should hereafter consist, and that those gentlemen, who may hereafter from rank be in a situation to be elected, and shall be elected to the Bench, do thereupon become Benchers elect and succeed as Benchers when vacancies occur in the number limited, or that this Bench do adopt such other measure as shall limit the number of Masters of whom the Bench of this Society shall hereafter consist.Sir J. French, having presented to the Society a model of that part of his proposed plan for the embankment of the north side of the River Thames, as would come opposite the Temple Gardens: ordered upon the motion of Mr. Wyatt "that instructions be given to such of the Masters of the Bench as may be Members of Parliament to oppose any motion that may be made in the House of Commons for carrying out his plan". Business adjourned to Wednesday next, 1l

instant.

BENCH TABLE Aug. 11

Present The Treasurer, Mr. Twiss, Mr. Law, Mr. Spence and Sir John Beckett. Ordered that Mr. Justice Williams be permitted to retain the visitor's key of the garden, given to him when one of the Masters of the Bench. Ordered upon the application of John L. Adolphus, Esq., that Mr. Ellis, the Reporter, be permitted to have access to the Library of this Society during the long vacation.

Report received from Messrs. Burton & Smirke, the Architects, upon the progress of the works at the Church, dated 9`11instant, read: "In compliance with the desire of the Committee that we should report to them upon the progress of the works at the Temple Church since the recommencement thereof under our superintendence, we beg to report as follows: The three works described in our Report of 14thJune last, as being urgently necessary, have been satisfactorily completed except sonic carving to the tomb, which it will be expedient to defer until the scaffold is removed. The new external masonry of the east front has been nearly completed up to the string course, and some of the jambs and mullions 292


1841 TRINITY TERM (Cont'd.) of the windows have been fixed. The three gables which were seriously out of the upright have been taken down. The new external masonry of the north side is commenced but the scaffold for fixing the same is necessarily deferred until the old vestry can be removed. We propose to deposit the coffins etc., now temporarily placed in this building, within a vault of solid masonry under the Middle aisle of the Square Church. When this has been done, the restoration of the north side will be immediately commenced. The external masonry of the new building to receive the organ etc. has been completed, and the masons commence this day to clear down the three fronts thereof preparatory to the removal of the scaffold. Within the Square Church the ashlared facing is being completed, the marble string courses set, and the small marble columns fixed up. The other marble work is being polished. Mr. Willement is proceeding to make good some defects which appear in his painting on the ceiling and to stop the cracks that were occasioned in the ground ceiling by the removal of the east buttresses. A few days will complete these works and then we propose to remove the greater portion of the scaffold for use in the churchyard. In the Round Church the coffins of the Templars, have been reinterred in catacombs of solid masonry near the centre of the building. A stratum of concrete has been laid over the area preparatory to the erection of the shores necessary in removing the great piers. This work we have already reported on as one of peculiar difficulty owing to the enormous superincumbent weight and to the fractured state of the masonry of the round tower. We have thought it right to call in the aid of a builder (Mr. Baker) of very great experience and talent, in the execution of the shoring up of the piers, and in the restoration of the woodwork of the upper part of this building. From our adoption of this measure we particularly beg that the Committee will draw no inference injurious to Mr. Vigers with whom we have every reason to feel perfectly satisfied and whose services we should desire to continue in every other part of the work. The average number of men (exclusive of the foremen) employed on the works up to last week was as follows: 17 masons 14 labourers 3 boys 8 polishers

42

293


1841 TRINITY TERM (Cont'd.) But we have arranged with Mr. Mallcott that from and after today, these numbers shall be greatly increased, and we hope that during the present week they will be doubled." Ordered upon the recommendation of the Church Committee that the Masters of the Bench be requested to discontinue giving Orders for the admission of strangers to the church during the repair. Business adjourned to Wednesday, 8th September next. BENCH TABLE Sep. 8

Present The Treasurer, the Attorney (Sir Frederick Pollock), Mr. Twiss, Mr. Holt and Mr. Burge. Mr. Spence giving notice that he will on the first business day of next term call the attention of the Bench to the cost of the Bench dinners after term, and will suggest a mode of reducing the expense of such dinners. Report, dated Wednesday, 1stSeptember 1841, of the Church Committee upon the subject of the account of Mr. Burnell, the Mason, read: "A letter received from Mr. Burnell, the Mason, having been taken into consideration, as follows: Letter from George Burnell of Cursitor Street, dated 6th August 1841, to Mr. Martin, the Sub-Treasurer of the Inner Temple: "I beg that you will be good enough to inform the Church Committee that in order to close my account delivered in for work done at the Temple Church, I am willing to accept the balance stated to be due to me upon the examination made thereon by Mr. Savage, begging to remark that I am desirous to terminate my extreme anxiety in this affair and upon the understanding that such balance will be immediately paid to me, and if this proposition is not acceded to by the Church Committee, that this offer is not to prejudice any ulterior proceedings in the said business." Resolved that Mr. Burnell be informed that the Committee accede to the terms in his letter and that the amount will be paid to him at the next meeting of the Committee viz., Thursday, 9th instant, at half past one o'clock, upon his attending to give a proper discharge to the Societies for the same." Ordered that the Report be adopted.

294


1841 TRINITY TERM (Cont'd.) Business adjourned to Wednesday, 6th October next. BENCH TABLE Oct. 6

Present The Treasurer, the Attorney General (Sir Frederick Pollock), Mr. Twiss and Mr. Law. Mr James Verschoyle, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Report from Messrs Burton & Smirke, the Architects, dated 4th October 1841, read: "According to the desire of the Committee, we proceed to report to you for their information upon the present state of the Temple Church, and upon the progress made in the restoration thereof since the date of our last Report. External Work The centre and south gables of the east front are nearly completed, all the casing and moulded work which were in a very defective state has been removed and reinstated with very substantial new masonry; and new jambs and mullions to the windows have been fixed, these parts having been repaired at some former period in a very unworkmanlike manner. The restoration of the north side is in progress. The old vestry which encumbered the north east angle has been wholly removed and the coffins and human remains which were temporarily placed therein have been deposited in two stone vaults which we have had built within the Church, as we proposed in our former Report. There are a fe.w defective stones on the south side that we deem it best to take out and make good with new, before the glazing on this side is restored (which we arc anxious to do before the winter). We have therefore given directions that this shall be done forthwith. Internal Work Square Church The new marble columns are now nearly all fixed on the south side and we hope in a few days to entirely clear the south aisle of the scaffolding. Another of the main pillars has had its base restored with new marble and this has been done without cutting away so far into the 295


1841 TRINITY TERM (Cont'd.) body of the pier as had been done on former occasions and consequently with less risk. There now remain only three more pillars requiring this somewhat delicate operation. The whole of the painting on the ceiling has been examined and repaired by Mr. Willement as referred to in our last Report. The jambs of the new opening into thc organ gallery which we found seriously cracked by the great pressure upon them, have been reinstated and are now we believe perfectly secure, and we propose now to have the marble pillars attached to these piers, fixed preparatory to taking out and rebuilding the window jambs. Almost the entire face of the walls of the Church is now restored. The earth over a large part of the area of the Church, having been found to be replete with decayed and decaying remains of coffins and human bodies, we have deemed it expedient to remove the surface throughout and lay a stratum of lime rubbish and concrete, thereby effectually and permanently to keep down the damp and prevent all noxious exhalations; this work is now in hand. All the marble shafts of the main pillars have been polished and protected by cloth from damp. The carpenter's work for the completion of the organ gallery is in hand. The benches and other fittings of wainscot are also fast advancing, we have considered it expedient to enter into a contract for a portion of the carved work and we hope to be able to have the whole of this work executed by previous agreement. We have also entered into an agreement with Mr. Vigers that all these portions of this work which it is practicable to measure and value, shall be valued on the schedule of prices recently corrected by Her Majesty's Office of Woods & Works with a few modifications which we deemed it proper to make under the particular circumstances of the case. The Round Church One of the six main pillars has been entirely removed and new shafts of polished Purbeck marble substituted, and we are happy to be able to add that this very hazardous work has been effected without the slightest accident and without the last perceptible disturbance of the superstructure. We are now operating upon a second pillar. The marble work for the other pillars and also for the triforum is being proceeded upon.


1841 TRINITY TERM (Cont'd.) Our attention is now directed to the construction to be adopted for the new roof and ceiling. The present number of workmen employed at the Church is as under, viz.: masons etc. labourers etc. boys polishers carpenters

58 37 4 19 6

In addition to the above are the joiners and carvers who are employed on contract work at Mr. Vigers' premises. P.S. We presume that the decision of the Committee on 29th ultimo renders it unnecessary to reply to your letter of 25thultimo respecting the passage behind the seats." The following Minute of the Church Committee of this day, 6thOctober 1841, read: The Sub-Treasurer directed to call the attention of the architects to the possibility of removing the Benchers' seats back against the wall, letting in the stone bench under the back seat, and letting the warming pipes be carried under the next division to where they are now placed, and also letting in the bases of the columns into the vacant spaces which form the access to the seats, and require their opinion in writing on this subject as a justification to the Committee for what they consider an injurious projection into the Church as affecting the beauty of the perspective, as being a receptacle for filth and a deadener of the Preacher's voice." -

This Bench, feeling strongly the observations therein made respecting the vacant space at the back of the Benchers' seats, do resolve that the subject of the position of the seats for the Church be reconsidered, and that Messrs. Burton and Smirke, the Architects, do make a full Report to the Bench thereon.

[signed]: "Examined John Wyatt, Nov. 2'11841"

297


1841

MICHAELMAS TERM

BENCH TABLE Nov. 2

Present The Treasurer, the Attorney General (Sir Frederick Pollock), the Solicitor General (Sir William Webb Follett), Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Chilton, Mr. Rogers, Mr. Evans, Mr. Dundas, Mr. Wyatt and Mr. Hardy. Orders of the last term were read. Messrs. Charles Greenstreet Addison, Mr. Theodore Whipham, Mr. John Lane and Mr. Thomas Henry Baylis, students, to have permission to practise as Special Pleaders extended for one year. Mr.William Talmadge, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Grand day this term to be Thursday, I IOiinstant. Motion by Mr. Wyatt "that the Bench do take into consideration the propriety of limiting the number of Masters of whom the Bench should hereafter consist, and that those gentlemen, who may hereafter from rank be in a situation to be elected, and shall be elected to the Bench, do thereupon become Benchers elect and succeed as Benchers when vacancies occur in the number limited, or that this Bench do adopt such other measure as shall limit the number of Masters of whom the Bench of this Society shall hereafter consist": motion negatived. Ordered that the Treasurer, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Spence, Mr. Platt and Mr. Dundas be a Committee to take into consideration the Bench dinners, after term, with a view to reduce the expense of such dinners. William Whateley, Esq., Matthew Talbot Baines, Esq., and the Hon. James Stuart Wortley, banisters of this Society, having produced Her Majesty's Letters Patent constituting them Queen's Counsel: ordered that there be a Call to the Bench this term and that the gentlemen to be invited be balloted for on Friday next, and the Masters of the Bench have notice thereof Mr. Rogers giving notice of motion for Friday, 16thinstant, "that the sum of twenty guineas be granted to the Revd. Mr. Rowlatt as a gratuity on the part of the Bench in consideration of Mr. Rowlatt having lost the chances of the nomination by individual Benchers (whose undoubted patronage it is to appoint) to preach the afternoon Sunday sermons owing to the Church beimg under repair".

298


1841 MICHAELMAS TERM (Cont'd.) Ordered that a donation of eight pounds be given to the Revd. Mr. Rowlatt at the next quarter day to be distributed by him amongst the poor who may have been deprived of the sacrement money by the repairs at the Temple Church. BENCH TABLE Nov. 5

Present The Treasurer, the Solicitor General (Sir William Webb Follett), Mr. Twiss, Mr. Law, Mr. Thesiger, Mr. Cresswell, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Dundas, Mr. Armstrong, Mr. Wyatt, Mr. Dowdeswell and Mr. Hardy. Mr. Henry King, a student, to have permission to practise as a Special Pleader extended for one year. Mr. John H. Brewer, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. The Sub-Treasurer having reported that on the death of two Masters of the Bench, two sets of Bench chambers had become vacant: Sir Thomas Edlyne Tomlins, who died on 1stJuly last, his chambers situate two pair north at No. 4 King's Bench Walk, and William Harrison, Esq., who died on 4th October last, his chambers situate one pair north at No. 2 Paper Buildings. Ordered that the same be disposed of at the Parliament to be held on 19thinstant, and that the Masters of the Bench have notice thereof. William Whateley, Esq., Matthew Talbot Baines, Esq., and the Hon. James Stuart Wortley, barristers of this Society, having produced Her Majesty's Letters Patent constituting them Queen's Counsel, and having been proposed and seconded, and afterwards chosen by ballot: ordered that they be called to the Bench at the Parliament to be held on Friday next, and that the Sub-Treasurer do attend and give them notice thereof. Ordered that the following Report received from the Accountant appointed pursuant to BTO 19thMay last, to investigate the accounts of the Society for the last five years, be referred back to the Finance Committee to report thereon, and that Mr. Law and Mr. Armstrong be added to the Committee for this purpose.

Report of Robert Anderson, Accountant, appointed to investigate the books and accounts of the Inner Temple, London, dated 4th September 1841:

299


1841 MICHAELMAS TERM (Cont'd.) "In conformity with his instructions the Reporter's investigation has extended over a period of five years, viz, from cnd of June 1836 to the same date in 1841. The subject matter of inquiry appeared to the Reporter to divide itself into two branches and the course for him to adopt therefore was: to ascertain the Society's income, the various sources from which it is derived, and the appropriation of the same. To inquire into the manner in which the monetary transactions of the Society are now recorded, and to suggest an efficient system by which any defect found to exist in the present mode of keeping the account might be supplied. Observing this division of his labours, the Reporter's examination proceeded in the following Order: I. RENTAL The amount of arrears due at Lady Day 1836 appears to have been £4,245 6s. 4d., which with the rents accruing due half yearly from that period, appear duly transferred and accounted for (excepting as after mentioned) and the amount of arrears at Lady Day last is reported at £3,012 8s. 2d. It appears from the Rental Book that considerable sums of money have been paid to, or received by, Mr. James Gardner, late Clerk in the Sub-Treasurer's Office, which have not been accounted in the Rental Account alone to the sum of £1,921 3s. 4d. The payments received within the said five years from proprietors of chambers for their respective proportions of the expense of rebuilding chambers at King's Bench Walks, Harcourt Buildings and Paper Buildings, are duly accounted for. Admissions into the House and into Commons The fees due to the Society from gentlemen admitted into the House and into Commons during the period referred to, appear to be brought into account with the exception of £37 Os. 2d., acknowledged to be received by Mr. Gardner, but not accounted tbr by him to the Society. Deposits by Students. The amount of deposits paid by students for the said five years appears to be £7,000 of which amount the sum of E800 has not been accounted for to the Society by Mr. Gardner.


1841 MICHAELMAS

TERM (Cont'd.)

Fees on Calls to the Bar The fees exigible under this head appear to be brought into account, exepting to the extent of £68, received but not accounted for by Mr. Gardner. Commons and P & P Duties15 Of the amount received under this head of the Society's income, it appears that the sum of £1,070 7s. ld. has been acknowledged by Mr. Gardner to have been collected by him, but not accounted for to the Society. This amount includes the sum of £215 10s. 7d. of Officer's fees which the Society appear to have since paid to the Officers by check on their General Account at the Bankers. The Reporter has made out a list of the arrears appearing due in the Commons Chamber Book amounting to £2,391 12s. Od. and also a list of the arrears in the Non Chamber Book, which amount to £5,896 9s. Od. It is however proper to mention, that these lists contain the charges for Commons etc. up to least Trinity Term inclusive, and that the collection of this part of the Income has not proceeded so far as to include any of the charges connected with the last twelve months. It further appears that a great number of the parties are reported dead. In comparing the amount of Commons received with the amount paid into the Bankers for the credit of the Society, the Reporter has discovered an error in the summation or casting up of the money column in the account of Commons collected for the half year ending December 1838 to the extent of £100. It appears to be in the handwriting of Mr. Gardner and purports the amount of Commons received in said half year to be £624 18s. 2d. which sum was paid by the Sub-Treasurer to the Society's Bankers by checks on the Account kept at the Bankers in his own name, while the actual amount collected for the half year in question appears to be £524 18s. 2d. The Sub-Treasurer has thus paid to the credit of the Society's General Account at their Bankers the sum of £100 more than appears to have been collected. It appears that at this period Mr. Gardner was in the practice of paying the money collected for Commons into the Bankers to the credit of an account kept there in the name of the Sub-Treasurer; and that the Sub-Treasurer at certain periods removed the amount of Commons from his own account to the credit of the Society's General Account. A running account appears also to have been kept at the same time between Mr. Gardner and the Sub-Treasurer in which the former accounted for the various sums he had received or collected; and it further appears by this account which Mr. Martin exhibited to the Reporter that Mr.Gardner became ultimately deficient in so accounting to Mr. Martin to the extent of nearly £200, for money which the latter

( ommons

and Pensions

& Preachers'

Duties.

301


1841 MICHAELMAS TERM (Cont'd.) had brought forward to the credit of the Society. Barristers Dues The income derivable by the Society from this source does not appear to be collected with any apparent regularity. Notwithstanding the number of gentlemen on the Roll of Barristers, the average collection of each of the last five years does not exceed El 78. The Reporter has not thouv,ht it necessary to make out a list of the arrears due in this branch, as it would occupy a great length of time without being in the meantinle attended with any conceivable advantage to the Society. The number of names on the Roll appears to be 910, of which, however, a great proportion are reported dead. The payments stated to be made for the period embraced in this Report have been minutely examined and compared by the Reporter, and there is acknowledged to have been received by Mr. Gardner but not accounted for to the Society, the sum of £206 Os. Id. Calls to the Bench and Readers Fines These appear to be duly brought into account under their respective heads. The Reporter has examined the Stamp Books for the barristers and students, and compared the same with the Admissions and Calls, during the period referred to, and has found them correct. The sums of money received or collected by Mr. Gardner but not accounted for by him to the Society as before stated are as follows: Rental Account Admission Fees Deposits by Students Calls to the Bar Commons and Pensions & Preachers Duties including Officer's Fees Barristers Dues

£1,921 3s. 4d. 37 Os. 2d. 800 - 68 - -

1,070 7s. 1d. 206 Os. Id. €.4,102 10s. 8d.

In the course of his inquiry, the Reporter sent for Mr. Gardner and had a meeting with him on the subject of these accounts. He accounted tor his defalcations bv stating that so far back as the year 1837, he found a deficiency in his cash, without being able to account for it, except that it might have been the result of an error occurring in the hurry of business when he had it not in his power to check his accounts so often as miv.ht he necessary. To retrieve his deficiency he made some speculations in railway shares which turned out unfortunate. He then stated that he had subsequently addicted himself 302


1841 MICHAELMAS

TERM (Cont'd.)

to habits of gambling by which the means entrusted to him had been squandered to the extent already mentioned. The Reporter requested Mr. Gardner to make up a statement under his own hand exhibiting the actual amount of his defalcations, considering that it might be satisfactory to the Society, that such a document should form a part of their records. This he promised to furnish but up to this date he has not done so, although repeated messages have been sent to him.16

II In prosecuting the first branch of inquiry the Reporter naturally acquired a knowledge of the Society's accounts which do not appear to have been originally constructed upon any principle that would ensure a check upon the amount of money actually received or indeed upon the general result. The statements which are drawn up half yearly under the direction of the Sub-Treasurer and submitted to the auditors appear to be very properly classified and arranged and present themselves in a very intelligible form; but they are not made up from a legitimate source as they ought to bc by reference to a general cash book, which ought to prove the correctness of the result exhibited in these statements. There however appears to be no cash book or ledger, nor is account in the Society's Books to show the amount in the any there Banker's hands. These are palpable deficiencies. With regard to the want of a cash book, it must be observed that as all the Society's transactions must, at some period or another, resolve into cash, it is indispensable that there should be a cash book to contain a detail of the sums received and paid; and it is by the accounts which ought to be posted from this book into the ledger that the accuracy of the statements laid before the auditors should be tested. And as to the absence of an account in the Society's Books showing their transactions with their Bankers, one example will suffice: If t 1,000 were paid into the hands of the Bankers for behoof of the Society and the bank clerk omitted to give the Society credit for the amount or placed it to the credit of another party (as has often happened in business) this error would not be detected at present, as it ought to be by the Society's Books exhibiting a larger balance against the Bankers than appeared by their own ledger. The Pass Books which are the only vouchers the Society now hold against their Bankers are no guarantee whatever, as they have to be frequently left at the 16

3rd Sept. Sec note at end" written in margin.

303


1841 MICHAELMAS TERM (Cont'd.) Bankers for the purpose of being made up, and are very apt to be lost or mislaid. The practice of the Collectors of Rents or Commons taking the money so collected to the Bankers without being first handed over to a superior officer and entered by him into a general cash book, is very objectionable; and it is, in a great measure, owing to the practice that an unfortunate facility has been afforded for the enormous defalcations which have taken place. The great length of time during which these defalcations have been accumulating without discovery or suspicion (acknowledged to be from three to four years) is a convincing proof that the practice referred to is a bad one, by giving unnecessary opportunities for breach of confidence; and the same ought for the future protection of the Society to be immediately changed. It therefore remains for the Reporter to give his opinion as to the system which should be adopted to obviate future mistakes, and to prevent the injurious consequences which the continuation of a lax mode of arrangement might entail on the Society and finally to point out the measures which appear to the Reporter to be necessary for bringing that system into effective operation. While engaged in the present investigation the Reporter has remarked that although between terms, and consequently in the absence of that press of business which must prevail at term time, the Sub-Treasurer's attention seemed to be much engrossed with calls and engagements on the Society's general business. From the observations of the Reporter he considers there is ample occupation for the Sub-Treasurer in carrying out the general objects of the Society in attending to the Orders which issue from time to time from the Bench Table, and generally in exercising a regular supervision of the various details and duties in which other parties must necessarily be engaged. It is thus perfectly obvious from the multifarious engagements which demand the attention of the Sub-Treasurer separation entirely from the receipt of money, that he cannot, under the present mode of management possess that salutary control over the proceedings of the Collectors or Receivers of money which ought most unquestionably to exist, in an establishment where intromissions with cash are so frequent and extensive. It therefore appears that a necessity exists for the appointment of an additional officer to assist in the future management of the Society's revenue in the capacity of Cashier. The duty of the Cashier should be to receive all the monies offered to be paid in the Office, as well as all the collections elsewhere made (from whatever source) and the same ought to be immediately entered by him in a general cash book to be kept open at all times to the Sub-Treasurer's inspection in the Outer or General Office, where the Cashier should be in constant attendance during office hours tbr the purpose of receiving and entering the payments as before stated. The 304


1841 MICHAELMAS

TERM (Cont'd.)

Cashier should daily pay the monies so received into the Banker's hands either to the credit of the Rent Account, General Account, or the Sub-Treasurer's Account as the case may be. It is understood that the Sub-Treasurer's Account is composed of Stamps, Officers Fees and Rents of Bencher's chambers; and at the usual periodical settlements the Sub-Treasurer's Account will be balanced by the amount shown by him to have been expended for the three items referred to. The Cashier should also open a regular Day Book for casual entries, and from this and the Cash Book he ought to post the respective accounts into the ledger where accounts should be opened for each branch of the Society's income, as well as for each of the items composing the Sub-Treasurer's Account at the bank. At the half yearly audit, these accounts should correspond with the statements exhibiting the general result —hence they will be found to act as a check upon each other, and the harmony of a debtor and creditor system of accounts will be quite perceptible, and its operation simple and satisfactorily founded on the only acknowledged principle on which monetary transactions can be recorded with systematic accuracy. It does not appear to the Reporter that any of the books now in use in the Office can be dispensed with as from the variety of sources which form the income of the Society, and with the important object of showing these separately as well as collectively, the present classification is rendered necessary; and the explicit narrative which is periodically repeated in the expenditure account, though requiring a greater number of books, cannot be satisfactorily curtailed. The Collector of Rents should be furnished with a pocket ledger in which he shall, in his own handwriting, enter the respective payments made to him, on the debit side. This book he shall always produce with the money received by him to the Cashier, who shall enter on the credit side the gross sum received by him from the Collector, and shall subscribe his name thereto. This will preserve regularity between the Collector and Cashier, while at the same time, it can be used by the Sub-Treasurer as a check on the entries of the Cashier. From the Reporter's own observations and the information he has received from the Sub-Treasurer it is evident that if an account was opened in the ledger for each of the parties connected with the Society whether as members or otherwise, it would be found of essential service. From the number of names, this additional labour will be very great yet every practicable improvement ought to be introduced so as to make the system as complete as possible. To enable the Cashier to keep correct accounts with the Bankers, it will be necessary before any checks are issued from the Office or sent direct to the Bankers for petty cash etc., that the same 305


1841 MICHAELMAS TERM (Cont'd.) should be first marked and entered by the Cashier to the credit of the bank, in the account to which it belongs. Before opening accounts in the ledger against individuals, the Reporter is of opinion that the lists and accounts of arrears should undergo a careful revision, and that the names of parties whose arrears appear to be irrecoverable or doubtful, should be expunged, as it is superfluous to open separate accounts for these. It will be quite sufficient to preserve a record of them by opening an account for the whole under the head "Doubtful Arrears" against which any payment afterwards unexpectedly made can be entered. The form of receipts to be used by the Rent Collector as proposed in the Report of the Committee appointed to investigate the rents and dues, accounts of the Society, appears to be quite correct; and the other duties which are pointed out in the said Report for the attention of the Sub-Treasurer and Cashier, appear to be in perfect unison with the rest of the system now proposed to be adopted. The Reporter will merely observe generally, in conclusion that it will be desirable to make such a judicious sub-division of the labour in the Office, as will permit the system proposed to come into practical operation, and at the same time prevent any department from falling into arrear. Note. The Reporter considered that the statement requested from Mr. Gardner ought if possible to be procured from him, as it appears that he has acknowledged (since this part of the Report was made out) to have received from one party the sum of ÂŁ12 4s. I d. under the head of Barristers Dues exclusive of the amount stated in this Report, from which it may be inferred that the total amount of his defalcations is not yet ascertained. R.A." BENCH TABLE Nov. 9

Present The Treasurer, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. G. Richards, Mr. Armstrong and Mr. Wyatt. Messrs. William Cole Beasley and John Carlen Heath, students, to have permission to practise as Special Pleaders for one year. The thanks of the Society to be conveyed by the Sub-Treasurer to Thomas Webster, Esq., for his present to the Library of his work, entitled, "The Law and Practice of Letters Patent for Inventions". The thanks of the Society to be conveyed by the Sub-Treasurer to Thomas E. Tomlins, Esq., for his present to the Library of a copy of his edition of "Lyttletons Tenures". 306


1841 MICHAELMAS

TERM (Cont'd.)

PARLIAMENT Nov. 12

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Erle, Mr. Cresswell, Mr. Preston, Sir William Follett, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Wyatt, Mr. Dowdeswell, Mr. Hardy and Mr. Hallam. Messrs. William Whateley, Matthew Talbot Baines and the Hon. James Stuart Wortley, called to the Bench. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last Easter and Trinity vacations. BENCH TABLE

Nov. 12

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Erle, Mr. Cresswell, Mr. Preston, Sir William Follett, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, M.r Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Wyatt, Mr. Dowdeswell, Mr. Hardy and Mr. Lushington. Messrs. John Thompson and Charles Winston, students, to have permission to practise as Special Pleaders extended for one year. The following Report of the Committee appointed to consider the cost of the Bench dinners out of term, read: instant, to take into "The Committee appointed by the BTO 21111 consideration the cost of the Bench dinners after term, with a view to reduce the expense of such dinners, have to report to the Bench, that by direction of the Committee the Under-Treasurer has furnished them with a calculation of thc expense for ten dinners during the last long 1thi vacation to 1 August, by which it appears that the average cost for 2s. 9d. exclusive of each gentleman for each of those dinners was and coffee, beer and tea wine, including but etc., the expense of Fines, other extras, of which sum the cooks change alone was 12s. 9d. for each gentleman. The Committee therefore recommend that on every adjournment of the business of the Bench to any day after term, and on every subsequent adjournment of the business of the Bench out of term, a notice shall be sent round to each Bencher stating that a dinner will be provided for such Benchers only as shall give notice to the Sub-Treasurer one clear day before the day of adjournment that it is his intention to attend. 307


1841 MICHAELMAS TERM (Cont'd.) That provided more than four Benchers shall give such notice, the Treasurer or in his absence, someone of the Benchers who shall have given notice that he will attend, shall order a dinner consisting of such articles as he shall think fit, but so that the total amount of the cost of such dinner shall not exceed 5s. a head, on the number who shall have given notice to attend. In case four or any number less than four shall give such notice, then a dinner for four at the same rate of 5s. a head shall be provided as above." Ordered that the Report be confirmed, but that it be generally referred back to the Committee to consider whether any further reduction can be made.'7 Report of the Church Committee upon the progress of the works at the Temple Church since the appointment of Messrs. Burton and Smirke, the Architects, to superintend the repairs, read: "Meeting of the Church Committee of 5thNovember 1841, in the Parliament Chamber, Inner Temple. The Church Committee beg to submit to their respective Benches that up to the period of the appointment of the present architects to superintend the repairs of the Temple Church, viz. on 14thJuly last, the Masters of the Bench of each Society have by the Committee's several Reports been made acquainted with all thc circumstances connected with the works at the Church and the labours of the Committee. On 17thJuly 1841, pursuant to a request made to the architects by the Committee, they received from those gentlemen the following Report upon the subject of what works remain to be completed to carry out the design of the restoration and repair of the Church mentioned in the General Report of the Committee of 3rd November last, whether any of those works can consistently with that design be dispensed with and what they would recommend in respect thereof. Report received from Messrs. Burton and Smirke, the July, 1841, and addressed to Mr. E.H. Martin, Architects, dated 17111 thc Sub-Treasurer.' 8 This Report being on the same day (viz. 17thJuly) laid before the Bench of the Inner Temple they were pleased to order that the same be adopted and that the works mentioned in the Report should be proceeded in forthwith upon the understanding that an estimate of the Note in marilin. "Rescinded by Bench Table Order of I 2' June 1846". See BTO 175 July instant for this Report in full. pp. 286 289.

308


1841 MICHAELMAS

TERM (Cont'd.)

future expense to be incurred should be furnished by the architects as nearly as possible. A copy of which Report and Order was sent to the Masters of the Bench of the Middle Temple, and confirmed by them. The Bench were also pleased to direct that the Committee should arrange the remuneration to be paid to the architects to carry out the works. The Committee, feeling the necessity of preventing any further delay in the execution of the works, gave immediate directions to the architects to proceed with those mentioned in their Report of 17th July as sanctioned by the Bench, and further they requested the architects to inform the Committee within what period they would be enabled to furnish correct estimates of the various works named in that Report, and what would be their professional charge to superintend the execution of those works. The Committee, understanding that there were two Clerks of the Works employed at the Church, [further requested] whether the services of one of them could not be dispensed with, to which communication the Committee received the following reply: Letter from Messrs. Burton and Smirke, the Architects, addressed to Mr. E.H. Martin, dated 19th July.19 This letter was on 21st July laid before the Bench and approved by them. At the meeting of the Committee on the same day, they sent a written statement to the architects to impress upon them the absolute necessity of consulting economy in the execution of the contemplated works especially in seeing what reduction or saving might be made in the carved wood work. And after having examined and checked the accounts for the carved wood work already executed, [they were requested to see] what portion might be made the subject of contract for the future, [to assess] the carving of the arch over the bishop's tomb, and the repairs of the stone turrets as the contemplated repairs seemed to the Committee to be more than necessary. The Committee also directed the attention of the architects to the comparative advantage and expense of the groined roof of the Round Church being made of chalk or wood, and subsequently the Committee directed the architects to consider whether the purbeck marble for the columns could not be worked and polished by the Marble Working Company at a less cost than by the former system of working it, which suggestion the architects have adopted and by which there will be a considerable saving to the Societies.

19

See 13TO 21't July instant for this letter in full, pp. 290 291.

309


1841 MICHAELMAS TERM (Cont'd.) The Committee continued their meeting weekly during the whole of the vacation, frequently inspecting the works at the Church. [They] consulted the architects and considered and settled many minor points connected therewith. They also investigated the accounts of Mr. Barrett, the Mason, employed after the discharge of Mr. Burnell, whose accounts they had reason to expect were fraudulent but which they found correct, and having since been certified to be so by Mr. Savage after being referred to the two architects, have been paid. On 4th August, the Committee received the following letter from the Architects, dated 29th July 1841: "On our inspection of Mr. Savage's drawings laid before us we observed a plan of the drains as now arranged, marked No. 1, and three drawings showing the former situations of the monuments on the north, south and east sides of the Square Church and marked No. 77, 78, and 79. We would suggest that Mr. Savage be requested to deposit those drawings or copies thereof into the hands of the Sub-Treasurer. We also observed other drawings relating to certain works that have been commenced but not yet completed. These drawings it is desirable that the Clerk of the Works should be furnished with, for the guidance of the workmen, and we would suggest that Mr. Savage be requested to place these or copies thereof in the hands of Mr. Knight. The said drawings are numbered as follows: Nos. 2, 3, 8, 10, 12, 13, 36, 37, 38, 39, 40, 41 and 45." The Committee ordered that a copy of this letter should be sent to Mr. Savage with a request from the Committee that he would comply therewith, to which the Committee received the following answer: Letter from Mr. James Savage of 31 Essex Street, Strand, dated 16thAugust 1841. "1 have to acknowledge the receipt of your letter dated 6th August 1841, enclosing a copy of a letter from Messrs. Burton and Smirke dated 29th July 1841 and requesting that I will deposit certain drawings therein specified or copies thereof in your hands, and others also therein specified with Mr. Knight, the Clerk of the Works, for the guidance of the workmen. Upon which I have to observe that the new architects who have superseded me having shown no courtesy towards me, I am not desirous of meeting them. Nevertheless, as I cannot divert myself of an anxiety to fulfil the desires of the Committee as well as my own wishes that the works of the Church should be well and properly performed, I am content to waive my personal feelings so far as to meet those gentlemen with my drawings and give any explanation that may be necessary to enable them to proceed with the works. As to placing my drawings in the hands of any parties to work from without 310


1841 MICHAELMAS

TERM (Cont'd.)

my being in personal communication with them, I conceive it would be attended with mischievous consequences and I should have no expectation under such circumstances that my views could be fully understood or successfully carried out. The three drawings showing the former position of the monuments in the Square Church, Nos. 77, 78, and 79, I send you herewith according to the request in your letter. I also send the drawing of the drains, No. 1 mentioned in Messrs. Burton and Smirke's letter. Also a plan No. 6 showing the former position of the monuments in the Round Church as I presume that drawing is equally necessary with the others." On 11th August, the Committee received the following Report from the Architects, dated 9th August 1841, pursuant to a Resolution of the Committee that the Architects should from time to time Report upon the progress of the works, which letter was laid before the respective Benches.-`) The Committee understanding from the Architects that the works at the Church were very much interrupted by the admission of strangers into the Church, the Bench at the request of the Committee on 11th August, were pleased to order that the Masters of the Bench should be requested to suspend the granting of Orders for admission into the Church during the repairs. All the circumstances connected with Mr. Burnell, the mason's account and the examination of it by Mr. Savage in which a reduction was made of nearly ÂŁ2,000, [has] been well considered by the Committee at their last three meetings. On 1s' September they received from Mr. George Burnell, of Cursitor Street, the following letter, dated August 26th 1481, upon this subject, viz.: "I beg that you will be good enough to inform the Church Committee that in order to close my account delivered in for work done at the Temple Church, I am willing to accept the balance stated to be due to me, upon the examination made thereon by Mr. Savage, begging to remark that 1 am desirous to terminate my extreme anxiety in this affair and upon the understanding that such balance will be immediately paid to me, and that if this proposition is not acceded to by the Church Committee, this offer is not to prejudice any ulterior proceedings in the said business."

2()

See 1311) 11 August instant for this Report in full, pp. 292 294.

311


1841 MICHAELMAS TERM (Cont'd.) Whereupon the Committee adopted the following Resolution which was carried into effect after being submitted and agreed to by the Benches of both Societies: resolved that Mr. Burnell be informed that the Committee accede to the terms of his letter and that the amount will be paid to him at the next meeting of the Committee, viz. Thursday, 9th instant at half past 1 o'clock, upon his attending to give a proper discharge to the Societies for the same. The other tradesmen's accounts having been examined and certified by Mr. Savage, are now under investigation by the two architects. At their meeting on 6th October, the Committee received the following second Report from the Architects upon the progress of the works at the Church, dated 4th October 1841.21 The Committee having again turned their attention to the subject of the position of the seats of the Church, directed that a model of them, with the exact dimensions of each seat, should be made and placed in the Flall of the Inner Temple for their inspection, and strong objections existing to the vacant space of three feet being left at the back of the seats next the wall, the following Resolution was adopted by the Committee.— Which Resolution being communicated to the Bench of the Inner Temple on the same day, the Bench were pleased to make the following Order on the part of their Society, viz.: Upon reading the Minutes of the Church Committee of this day, this Bench, feeling strongly the observations therein made respecting the vacant space at the back of the Benchers' seats, do resolve that the subject of the position of the seats for the Church be reconsidered, and that Messrs. Burton and Smirke, the Architects, do make a full Report to the Bench thereon. (This subject has not been before the Bench of the Middle Temple, there having been no meetimz of that Bench.) The Committee, feeling anxious that divine service should be resumed at the Church as early as possible, directed the architect to consider and report to them whether the Square Church could be used thr divine service before the completion of the Round Church, and at what period the works may be expected to be finished, especially the

October Sec 1110 Sec I 1.0 61 October

instant for this Report in lull. pp. 295 for lull detat k of this N1mnic. p. 297

312

297.


1841 MICHAELMAS TERM (Cont'd.) Square Church. Upon all these matters the Committee beg to submit to the Bench the following Report received from the Architects, dated 30th October last, in which Report is also stated the progress made in the works since the Architects last Report upon that subject, dated 4thof the same month. [Report from the Architects, dated 30thOctober 1841]: "Having received at the Committee on 20th instant, the information required in our letter of 16thinstant, as to the proportional numbers of seats to be provided for Benchers, Banisters and Ladies, viz. "that the proportions afforded by the plan on which the work has been hitherto executed need to be adhered to and that the number of Benchers seats may be reduced", we beg leave to submit the accompanying plan prepared in compliance with the desire of the Committee communicated in your letter of 13thinstant, and in accordance with the views of the Benchers as communicated to us by yourself verbally. It will be observed that if this plan were adopted, the accommodation afforded would be as follows, viz.: Ladies Benchers Banisters

116 56 105

Total

277 sittings

The members and students sittings would remain as before. On the other plan referred to the numbers are as follows, viz.: Ladies Benchers Banisters Total

96 72 72 240 sittings

Each sitting for the Benchers' Ladies would by the new plan be two inches wider than by the old plan or 1 foot 11 inches in lieu of 1 foot 9 inches. The sittings of the other Ladies would be as before. Each sitting for the Benche[r]s would be about an inch less or 1 foot 10 inches in lieu of 1 foot 11 1/6 inches. The sittings for Banisters would be 1 foot 11 3/4 inches each in lieu of 1 foot 9 3/8 inches. We have explained to Messrs. Potter and Garrett, the Contractors for warming the Church, the nature of the proposed alteration of the plan and we subjoin a copy of a letter received from them on the subject.

313


1841 MICHAELMAS TERM (Cont'd.) Copy letter from T. Potter of South Molton Street, dated 20th October 1841: "I have duly considered the alteration you wish to make respecting the seats at the Temple Church, and I see no reasonable objection on the part of my work as I can place the pipes in a different situation with equal certainty of effect as regards heat, but it will cause an additional expense as part of the material prepared will not do and I shall require other bends and gratings. I cannot say for certainty the extra expense but should think ÂŁ20 or f30." We have also considered as accurately as the time and nature of the work will allow, the probable extra cost which would be incurred by the adoption of the new plan and we are of opinion that the amount would not be less than ÂŁ700-800. The joinery already prepared would be applicable with but little alteration or loss to this new plan, so that the greater part of the above expense results from the increased quantity of wainscot and other works required to effect the accommodation of the additional number of sittings. As we keep constantly in our minds the strict injunctions laid upon us by the Committee to exercise the utmost economy in the completion of the restoration, we are unwilling to advocate the adoption of a new plan involving so much additional expense. At the same time we feel bound to say, that if the idea of refixing the monuments within the Church be abandoned, we should feel a strong objection to the passage behind the seats and should prefer applying the space it occupies to increasing the number of sittings. The new plan herewith submitted, besides affording increased accommodation will bring into better view the marble pillars against the wall but the way to the vestry will not be so direct and the centre of thc organ gallery front will not be so advantageously seen as by the former plan in consequence of the centre passage being omitted. In reply to the two questions put to us by the Committee (viz. whether the Square Church can be used for divine service before the completion of the Round Church, and when the works may be expected to be finished), we beg to say that, providing the question now pending relative to the seats be soon settled we have every reason to believe that the Square Church will be fit for use in the month of April next and that there will be no difficulty in so arranging that that portion of the building may be opened to the public before the completion of the round part.


1841 MICHAELMAS TERM (Cont'd.) We beg to state that since our Report of 4th instant, the remaining part of the external masonry of the east end has been far advanced and we are actively engaged on the restoration of the north side. Internally the south aisle is now nearly freed from the scaffolding. The marble and stone works for the remainder are being forwarded by as many workmen as can be advantageously employed, and much progress is also made in the carved wainscot work. In the Round Church we have great pleasure in reporting that another of the great pillars has been restored without casualty of any kind. A third pillar is now in progress. We may take this opportunity of adding that after the minute examination which these works have enabled us to make of the actual state of the old masonry, no doubt remains on our mind of the propriety of having undertaken this renovation. We are now preparing to make a contract for the new roof and ceiling of the Round Church and a small model which will explain to the Committee more satisfactorily than drawings the form of the proposed groining."

It will be seen by this Report that according to the plan now recommended by the Architects for fresh seating, the Church additional accommodation for 37 persons in the principal settings will be given, and upon the whole, the accommodation of each sitting will be more convenient, but the additional expense to the Societies if this plan is adopted will be between ÂŁ600-700. The Committee have given to this subject much consideration and are of opinion that the vacant space at the back of the seats has become unnecessary, and in the opinion of the Committee the increased accommodation which will be afforded by the new plan is much required and the general appearance of the Church will be much improved. They have therefore resolved to recommend that the same should be adopted by the respective Benches. The Committee may here mention that by the Report received this day, dated 4th instant, from the two architects, a saving upon the former plan in the execution of the carved work has been effected to the extent of ÂŁ600, which will nearly cover the expense of carrying out the new plan now recommended.

[Report from the Architects, dated 4th November 18411: "In reply to your enquiry we regret to state that we shall not be able to furnish tomorrow the general estimate we are preparing of the probable total cost of completing the Temple Church. We beg to

315


1841 MICHAELMAS TERM (Cont'd.) observe that notwithstanding the reduction we have effected in the wood carving by which a saving of about ÂŁ600 will be made, and notwithstanding the constant efforts we are making to lessen the expenditure of entering into contracts for the works at reduced prices we have made sufficient progress in our calculations to satisfy us that there is no hope of the gross expenditure falling short of that anticipated in Mr. Spence's Table marked 'E', but that on the contrary as several important items in the table appear to us much understated we are apprehensive that the ultimate amount cannot prove much under ÂŁ45,000. We hope however that in the course of next week we shall receive contracts for proportions of the works enabling us then to make an estimate on which reliance may be made." This Report was fonvarded to the Committee in consequence of the architects being pressed to make their Report pursuant of the Order of the Benches of 17thJuly, "that the works mentioned in that Report will be carried into effect upon the understanding that an estimate of the future expense to be incurred should be furnished by them as early as possible." Ordered that the consideration of the Report be adjourned to Friday next, and that in the mean time it do lie on the Table in the Parliament Chamber for perusal, and the Masters of the Bench have notice thereof BENCH TABLE Nov. 16

Present The Treasurer, the Attorney General (Sir Frederick Pollock), Sir Charles Wetherell, Mr. Twiss, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. G. Richards, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Dowdeswell, Mr. Hardy, Sir John Beckett and Mr. Hallam. Ordered upon the motion of Mr. Rogers that the sum of twenty guineas be granted to the Revd. Mr. Rowlatt as a gratuity on the part of the Bench in consideration of Mr. Rowlatt having lost the chances of the nomination by individual Benchers (whose undoubted patronaue it is to appoint) to preach the afternoon Sunday sermons owning to the Church being under repair. The Report from the Finance Committee, dated 9th instant. considered: resolved that the Finance Committee recommend the adoption of the Report of Mr. Anderson, the Accountant. Resolved that the Finance Committee recommend the appointment of per annum-- as cashier and a competent person at a salary of E

2;

Amount left blank.

316


1841 MICHAELMAS TERM (Cont'd.) superintendent of finance to the Society giving security for devoting his whole time to the service of the Society.

24,

he

Resolved that the Report of Mr. Anderson from the ability it displays and the pains he has taken to make himself master of the financial state of the Society and the defects existing in it at present, and the character they have received of him, strongly point him out as an eligible person for the situation. Ordered that the Report be referred back to the Committee to inquire and report whether the Sub-Treasurer with or without further assistance in the Office, will be enabled to conduct the business of the Office as far as respects the income and expenditure of the Society with such new checks with respect of the income and expenditure as the Committee may recommend. PARLIAMENT Nov. 19

Present The Treasurer, the Attorney General (Sir Frederick Pollock), the Solicitor General (Sir William Webb Follett), Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Thesiger, Mr. Erle, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. V. Richards, Mr. G. Richards, Mr. Armstrong, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Dowdeswell and Mr. Hardy. Messrs. John Robert Cornish, Thomas Charles Cathrey, William Mellish Chambers, James Lockhart Robertson, Thomas Stamford Raffles, Thomas Hack Naylor, Adam Bittleston, Alexander Gordon and Henry Tudor Davies, called to the Bar. Ordered that the following gentlemen be a Committee for the consideration and regulation of all matters relating jointly to this Society and the Middle Temple: the present Treasurer, Sir Charles Wetherell, Mr. Wyatt, Sir Alexander Croke, Sir George Rose, the Rt. Hon. Lord Langdale, Sir Frederick Pollock, the Hon. Mr. Law, Mr. Holt, Mr. Courtenay, Mr. Burge, Mr. Spence and Mr. Dowdeswell. Disadmittance from, and admissions to, Bench chambers with fines of 40s:The Treasurer, from Bench chamber ground floor one pair and area No. 6 Fig Tree Court to Bench chamber late of William Harrison, Esq., one pair of stairs north No. 2 Paper Buildings. Sir George Rose, from Bench chamber two pair of stairs south No.11 Paper Buildings to Bench chamber late of Philip Courtenay, Esq., one pair of stairs and area No. 6 Fig Tree Court.

24

Amount

len blank.

317


1841 MICHAELMAS TERM (Cont'd.) Frederick Thesiger, Esq., from Bench chamber one pair of stairs No. 8 Fig Tree Court to Bench chamber late of Sir George Rose, two pair of stairs south No. 11 Paper Buildings. William Erle, Esq., from Bench chamber area north No.10 King's Bench Walk to Bench chamber late of Frederick Thesiger, Esq., one pair of stairs No. 8 Fig Tree Court. George Spence, Esq., from Bench chamber three pair of stairs south No. 7 King's Bench Walk to Bench chamber late of Sir Thomas Edline Tomlins, two pair of stairs north No. 4 King's Bench Walk. Thomas Starkie, Esq., from Bench chamber two pair of stairs west No. 7 Fig Tree Court to Bench chamber late of George Spence, Esq., from Bench chamber three pair of stairs south No. 7 King's Bench Walk. Robert Vaughan Richards, Esq., to Bench chamber late of Thomas Starkie, Esq., two pair of stairs west No. 7 Fig Tree Court. Griffith Richards, Esq., to Bench chamber late of William Erle, Esq., area north No. 10 King's Bench Walk. Frederick Thesiger, Esq., to be Master of the Library and Reader of this Society for the next Lent vacation. John Edmund Dowdeswell, Esq., to be Treasurer of this Society for the ensuing year. Parliament to be adjourned until Tuesday next, 22' [sic] November, for the purpose of calling Messsrs. Alfred Waddilove and John Spencer Phillips to the Bar. BENCH TABLE Nov. 19

Present The Treasurer, the Attorney General (Sir Frederick Pollock), the Solicitor General (Sir William Webb Follett), Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Thesiger, Mr. Erle, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. R.V. Richards, Mr. G. Richards, Mr. Armstrong, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Dowdeswell and Mr. Hardy. Mr. Frederick Philip Maude, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Mr. Francis Greensill, a student, to have permission to practise as a Special Pleader extended for one year. 318


1841

MICHAELMAS

TERM (('ont'd.)

Mr. Henry Anthony Littledale, a student of Lincoln's Inn, to he admitted to this Society on his certificate from Lincoln's Inn. The Report of the Church Committee of 5th November, 1841 taken into consideration in accordance with BTO 12th instant, together with the following Resolution of the Middle Temple thereon, viz.: "Middle Temple At a Parliament held on 5' November 1841, the Report of the November 1841, was read. Church Committee, dated 5111 Ordered that the same be confirmed and adopted and that the recommendations of the Church Committee therein contained be approved and carried into effect. [signed] Edward Eldred, Sub-Treasurer"

Moved and seconded that the Report of the Church Committee of 5th November 1841, which has been confirmed and adopted by the Middle Temple and the recommendations of the Church Committee therein contained, approved and ordered to be carried into effect by that Society, be also confirmed and adopted and the recommendations of the Church Committee therein be approved and carried into effect by this Society. Upon which, Sir Charles Wetherell moved as an amendment, "that the same be adopted, subject to whether the monuments can be restored to the Church, and that no new building be erected for them-. This amendment being negatived and the original motion being again put, Mr. Cresswell moved as an amendment, "that the consideration of the Report be adjourned until the Bench shall have resolved upon the mode in which the monuments shall be disposed of -. Which amendment being also negatived and the original motion being again put, Mr. Law moved as an amendment, "that the consideration of the Report be adjourned and that it be referred back to the Committee to propose a plan by which the seats may be extended to the wall without prejudice to the proper disposition of the monuments and that the Committee do report thereon without delay-. Ordered that the consideration of the Report be adjourned and that it be referred back to the Committee to propose a plan by which the seats may be extended to the wall without prejudice to the proper disposition of the monuments and that the Committee do report thereon without delay.

319


1841 MICHAELMAS TERM (Cont'd.) PARLIAMENT25 Nov. 23

Present Sir Charles Wetherell, Mr. Twiss, Mr. Erle, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Hardy and Sir John Beckett. Mr. Alfred Waddilove called to the Bar. BENCH TABLE

Nov. 23

Present Sir Charles Wetherell, Mr. Twiss, Mr. Erle, Mr. Cresswell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Dundas, Mr. Whateley, Mr. Baines. Mr. Wortley, Mr. Wyatt, Mr. Hardy and Sir John Beckett. The thanks of the Society to be conveyed by the Sub-Treasurer to Mr. Charles Greenstreet Addison, a student, for his present [to the Library] of his work entitled, "The History of the Knights Templars, the Temple Church and the Temple". BENCH TABLE

Nov. 26

Present Sir Charles Wetherell, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. R.V. Richards, Mr. Armstrong, Mr. Whateley, Mr. Wortley and Mr. Hardy. The Bench having been notified that William Mason, the 13thwaiter, is not capable of performing the duties of a waiter in the Hall in consequence of being afflicted with a severe asthma which frequently prevents his attendance and sometimes for the whole of the term, and that during his absence the Society pay a deputy to perform his duty, and further, that since his appointment in 1836 he has not been in a sufficient state of health to perform the necessary duties of a waiter: ordered that his place be declared vacant. The Sub-Treasurer to make out a list of the Officers and Servants of the House, showing the duties they are respectively called upon to perform in and out of term, whether those duties are performed personally or by deputy, by whom that deputy is appointed and paid, what salaries and perquisites such Officers and Servants or their deputies receive, and the times of their respective appointments. Letter from Mr. John Dodson, Treasurer of the Middle Temple, to the Treasurer of the Inner Temple, dated 25" November 1841, was read:

'ThThere is no entry of this Parliament

taking place in the 13T0 Hook.

320


1841 MICHAELMAS TERM (Cont'd.) "I have the honour to enclose for the Information of the Masters of the Bench of the Inner Temple, the copy of an Order of Parliament made by the Masters of the Bench of the Middle Temple on 19thinstant, in the case of John Richard Cook, late a member and barrister of the this Society." At a Parliament held at Middle Temple on 19thNovember, 1841, and signed by Edward Eldred, Sub-Treasurer: "It appears that at a Pension of Gray's Inn held by adjournment on 18thJune 1841 to take into consideration the cases of Robert Cook and John Richard Cook, barristers of that Society, the following charge: "That they had since they had been called to the Bar acted as money agents and discounters of bills and professed money lenders and that in the cases of Cole v. Cook, and Cook v. Densey they had conducted themselves in an improper, extortionate and dishonest manner, oppressive to the parties concerned and inconsistent with the characters of barristers and gentlemen." Ordered that the calls to the Bar of the said Robert Cook and John Richard Cook respectively in that House be forthwith vacated and that they respectively be disbarred and expelled from that Society. And the said John Richard Cook, having been admitted as a member and barrister of this Society on 26th November 1839, the Masters of the Bench fully concur in the Order of Gray's Inn. Ordered that the said John Richard Cook be forthwith disbarred and expelled from this Society and that a copy of this Order be transmitted to him. Also ordered that a copy of the above Order be transmitted to the Lord Chancellor, the Lord Chief Justice of the Court of Queen's Bench, the Master of the Rolls, the Vice-Chancellor of England, the Lord Chief Justice of the Court of Common Pleas, the Lord Chief Baron of the Court of Exchequer, the Judges of the several Courts at Westminster, the Chief Judge and the other Judges of the Court of Review, and the Treasurers of the Inner Temple, Lincoln's Inn and Gray's Inn." Business adjourned to Friday, 3rdDecember. BENCH TABLE Dec. 3

Present Mr. Twiss, Mr. Holt, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Rogers, Mr. Armstrong, Mr. Wortley, Mr. Wyatt and Mr. Hallam. 321


1841

MICHAELMAS TERM (Cont'd.) Mr. Thomas Kingdon Kingdon, a student, to have permission to practise as a Special Pleader extended fbr one year. Business adjourned to Friday, 10th instant. BENCH TABLE Dec. 10

Present Sir Charles Wetherell, Mr. Holt, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Armstrong, Mr. Whateley, Mr. Wortley, Mr. Wyatt, Mr. Dowdeswell, Mr. Hallam and Mr. Hardy. This Bench requesting Mr. Cresswell to accept their thanks for the communication he has made on the subject of Mr. Lloyd appearing as a barrister in the Court of Exchequer and that the consideration of that subject be adjourned to an early day in the ensuing term. Report read of the Church Committee to the Benchers of the Inner and Middle Temple, dated 10th December 1841, upon the subject of the monuments and estimate for completing the repair of the Church, and also the Reports from the Architects upon the same subjects, dated ist and 9th December 1841, respectively. Further Report of the Church Committee to the Benchers of the Two Societies relative to the Temple Church, dated 10th December 1841. "Pursuant to the Resolution of the Bench of the Inner Temple of Friday, 19thNovember 1841, that it be referred back to the Committee to propose a plan by which the seats of the Church may be extended to the wall without prejudice to the proper disposition of the monuments, they in consequence on the following day (Saturday) had a special meeting of the Committee when it was resolved that the architects should take into consideration and report to the Committee on the following propositions, viz.: Whether it be practicable to replace the monuments within the Church without injury to the symmetry and stability of the structure, and if so what would be the cost of such restoration. Whether it would be preferable to construct a cloister for the reception of the monuments These propositions were communicated to the architects the same day and they were requested to attend a meeting of the Committee on the following Tuesday, 23rd November at which meeting the architects having stated to the Committee verbally that they could not recommend the reintroduction of the monuments into the Church,

322


1841 MICHAELMAS TERM (Cont'd.) the Committee pointed out to them the various plans and sites which had been suggested for their consideration, viz.: to build a monumental cloister against the south side of the Church in Tanfield Court, to build a monumental cloister in the churchyard, to build a monumental cloister in the Master's Garden, to build no enclosed place of depository for the monuments but to attach them to the exterior face of the Church on the plain wall below the windows and on the buttresses, to convert the Exchequer Office into a monumental cloister and connected with the Church. On I StDecember, the architects again attended the Committee upon these subjects and produced a Report and plans in an unfinished state and requested that another week might be allowed to enable them more to mature their plans and estimates of the cost of a monumental cloister, when it was resolved that they be requested to deliver their Report, drawings and estimates more in detail by 8thinstant. Accordingly on the 8thDecember, the architects attended the Committee and produced the accompanying Report and drawings for a monumental cloister which Report & drawings the Committee beg to submit to the respective Benches for their consideration observing that the cost of ÂŁ4,000 for converting the Exchequer Office into a monumental chamber and connecting it with the Church does not include the value of that Office, which is the property of the Inner Temple and is let at 100 guineas per annum. The Committee also submitted to the architects the statement of Mr. Chilton respecting the monuments, which on consideration they stated did not alter their views as expressed in the Report for that their Report was founded on a previous examination of the monuments. The Committee also submitted the suggestion of Mr. Wortley as to the erection of a building along the line of the Church for a cloister in Tanfield Court upon which they remarked that such a building would be by no means sufficiently capacious to receive the monuments and of less capacity than the first plan of a cloister mentioned in their Report which had been suggested by Mr. Spence. The Committee also directed the architects' attention to the width of the doorway from the Church into the vestry and of the two doorways at the east end of the Church to judge whether they are sufficiently large for the objects for which they are intended. The Committee at the same time pressed upon the architects the necessity of immediately furnishing them with their estimate of the total expense of completing the repairs of the Church exclusive of the 323


1841 MICHAELMAS TERM (Cont'd.) expense of a monumental cloister, which estimate they have this day received, and by which it will be seen that the total expense of the restoration from the commencement of the present architects £26,360 superintendence thereof amounts to including the probable sum of £2,000 to be borne by the Middle Temple to which must be added the expense incurred under Mr. Savage's superintendence of

£21,085 making

and if the Societies adopt the new plan of the seats a further expense will be incurred of making a total of of which sum £2,000 is to be borne exclusively by the Middle Temple leaving a gross total to be paid in moieties by the two Societies exclusive of any provision for the proper disposal of the monuments of of which sum there will have been paid to the 31' Dec. next leaving a balance of

£47,445

£800 £48,245

£2,000

£46,245

£28,905 £17,340

to be provided in moieties by the two Societies.

The result of these accounts is therefore as follows: The Inner Temple have to provide and the Middle Temple and for their special work

£8,670 £2,000

£8.670

£10,670

The estimate now broudt forward has included all that the architects deem necessary to complete the Church in all respects viz. the whole of the works under their own department in which they have provided for the proper finishing of the walls both of the Round and Square Church. and also the expense of the organ. the warmin2 apparatus. the paving, the stained $21asswindows and in short reserving


1841 MICHAELMAS

TERM (Cont'd.)

only the question now under consideration of the construction of a cloister and the proper disposition of the monuments. The Church Committee in conclusion ought not to omit to state that the architects have informed them that the estimate they have submitted has been made on a liberal scale, to which as is customary they have added a sum of f: 10 per cent for contingency and which is included in the amount reported."

Report from Messrs. Sidney Smirke and Decimus Burton, the Architects, to Mr. E.H. Martin, the Sub-Treasurer, dated 1st December 1841. "With reference to the Resolution of the Church Committee on 20t1 instant, a copy of which you transmitted to us, we beg leave to report in regard to the first of the two propositions therein contained, that the monuments cannot in our opinion be replaced within the Church without injury both to the symmetry and the stability of the structure. We beg to repeat that which we have stated in former Reports, that we consider it would be highly objectionable to replace the monuments in the interior of either portion of the Church because we think that the buildings would be seriously disfigured by their introduction, and because any monuments placed on the walls under the windows would be for the most part concealed by the backs of the seats and with difficulty approached, owing to the intervention of the wall pillars and to the narrowness of the passage behind the seats. Much of the dilapidation that the Committee has, with so much care and cost been engaged in making good, is attributable to the mutilation of the walls and pillars in fixing up the monuments, and we should deeply regret being parties to the reintroduction and perpetration of an evil that experience has proved to bc so injurious. In regard to the second proposition would be preferable to construct a separate of the monuments. In forming the opinion, consideration to the following suggestions

we are of opinion that it depository for the reception we have given the best that have been made to us:

to build a cloister against the south side of the church. We would desire to see the site of the Church more cleared than it now is therefore we consider objectionable any plan that would still further incumber the Church by extraneous buildings. Moreover the simplicity and unity of the present structure would be impaired by the addition of a cloister in this situation. It would also be for the Committee to consider whether the encroachment that it would occasion in Tanfield Court is not objectionable. to build a cloister in the churchyard. 325


184] MICHAELMAS TERM (Cont'd.) In addition to the first objection urged above, which applied also to this, we fear that no building sufficiently capacious to receive the monuments could be constructed here without seriously interfering with the ancient lights of adjacent houses. It will be recollected also that this ground is probably filled to a considerable depth with human remains. to build a cloister in the Master's Garden. We presume that the objections raised to this plan by the Master are to be considered conclusive against it. to build no enclosed place of depository for the monuments, but to attach them to the exterior face of the building on the plain wall below the windows and on the buttresses. We consider that the architectural effect of the building would be injured by the adoption of the plan. The monuments are very various in size, colour and form and by no arrangements we think would they be made to assume a regular or pleasing appearance. Moreover they are in a style and execution for the most part unfit for an external situation having been all of course designed for the interior of the Church. to convert the Exchequer Office into a monumental chamber and connect it with the church by a low passage. We prefer this arrangement and we are inclined to regard it as that most worthy of the attention of the Committee. It would afford an appropriate and decorous place of deposit for the monuments within the precincts of the Church and directly communicating therewith without in anyway molesting the edifice, whose beauty and integrity we are most anxious to preserve unimpaired. On reference to the accompanying drawings, it will be seen that this connecting passage, can be made so low as not to interfere injuriously with either the Church or the Master's residence, and that besides affording a covered access to the east end of the Church for the Benchers and their families from a carriage entrance in the King's Bench Walk a more commodious approach would be obtained to the Master's House than he at present enjoys. As a further artzument we may add that it is obvious that the cost of converting into a depository an existing substantial building would necessarily be far less expensive than the erection of an entirely new one of suitable character. The accompanying drawings are submitted with a view to exemplify generally the idea, but must be regarded as subject to further correction. We estimate the probable cost at about ÂŁ4,000 exclusive of the value of the Exchequer Office and exclusive of cleaning, repairing and

326


1841 MICHAELMAS

TERM (Cont'd.)

putting up the monuments themselves of which the cost is obviously too uncertain to be estimated with any precision. P.S. We take the opportunity to call the particular attention of the Committee to the expediency of arriving at as early a decision as possible upon the subject of the plan for the seats because the want of instructions on that point prevent us from having the warming apparatus completed and put in action, and a delay in this we fear may produce very injurious effects on the painted ceiling and polished marble.-

Report from Messrs. Sidney Smirke and Decimus Burton, the Architects, to Mr. E.H. Martin, the Sub-Treasurer, dated 9th December 1841. "In compliance with the Resolution of the Committee on 8th instant requesting to be furnished with our estimates of the cost of completing the Church, we beg to say that having for some time past given the subject our best consideration, we are of opinion that the cost of completing the restoration in a manner corresponding with the works hitherto executed including architects' commission and Clerk of Works, will amount to ÂŁ23,000 exclusive of the payments already made under our certificates amounting to ÂŁ3,360 and exclusive of any provision for the monuments. In order to enable the Committee to calculate the whole cost of the restoration from the commencement, we beg to say that, the above sum includes every work done or proposed to be done under our superintendence whether previously ordered or contracted thr by Mr. Savage, or not. In order theretbre to arrive at a gross amount, it will only be necessary to add to the above sum the amount of all the sums paid or to be paid under the certificates of Mr. Savage. We have further to add that we consider that the portion of the above estimate which should be borne by the Middle Temple exclusively, is ÂŁ2,000; but would desire that this amount may be left open for further revision. If the plan last submitted Ibr the seats be adopted, a further sum of E800 will Ineed] to be added to the foregoing estimate.Resolved that this meeting be adjourned to Wednesday next, I 5th instant, on which day it will be taken into consideration whether the seats for the Church shall be placed close to the wall as proposed by

327


1841 MICHAELMAS TERM (Cont'd.) the Architects in their last Report. The Church Committee to be directed to inform the Bench: On the motion of Mr. Chilton, as to how many of the monuments and tablets may be placed within the Church on the assumption that the seats be so placed, distinguishing how many of the monuments may be so placed in the Square Church and how many in the Round Church. On the motion of Sir Charles Wetherell, that the space formerly occupied by the monuments in the Square Church and Round Church respectively should be measured, in order that by taking into account the space in the Round tower with any space in the Square Church which can be conveniently adapted to the reception of the monuments, the total space in the two Churches may be assessed as to whether it could receive the whole of the existing monuments and tablets. If the space of the two be deficient, to what extent is the deficiency, and to estimate how many of the tablets and monuments may be accommodated in the Square Church and in the Round Church if they were elevated higher than the positions in which they have been formerly placed, in analogy to the positions of monuments in many collegiate and cathedral churches. Also on the motion of Mr. Chilton, the difference of space afforded by adopting the proposed plan as contrasted with the space between the stone bench and the string course under the windows left vacant by the original plan. BENCH TABLE Dec. 15

John Edmund Dowdeswell, Esq., Treasurer Present The Treasurer, the Attorney General (Sir Frederick Pollock), Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Whateley, Mr. Wortley, Mr. Wyatt and Mr. Hardy. Consideration this day as to whether the seats tbr the Church shall be placed close to the wall, as proposed by the Architects in their last Report, and a further Report from the Architects, upon the subject of the monuments, pursuant to BTO 10thinstant, read: Report from Mr. Sydney Smirke to Mr. E.H. Martin, the Sub-Treasurer, dated 15thDecember 1841. "In compliance with the desire of the Committee that I should furnish the information required by the Resolution of 10thinstant, and that I should report thereon, I beg to state, first with reference to the 328


1841 MICHAELMAS TERM (Cont'd.) relative dimensions called for in the concluding portion of the said Resolution, that the space available for monuments under the string course according to the proposed plan of seats is about 440 feet superficial, and the space from the stone bench up to the stringcourse available for monuments according to the former plan, is about 1,218 feet superficial. With reference to the remainder of the Resolution, I beg to report as follows: The S uare Church There were previously to the removal 56 monuments, of these there are about 20 that might be fixed up again without shutting out any of the windows or covering up much of the polished marble, of the remainder there are four or five of great size and projection that cannot be brought into the Church at all consistently with the intended arrangement of seats, nor without seriously diminishing the number of sittings. The other 32 might possibly be found room for (notwithstanding the loss occasioned by the organ gallery, Heraclius tomb and the piscinas) by fixing them up against the face of the walls regardless of the marble pillars and other carved and polished work, and of the stained glass; a measure rendered nugatory much of the care and cost expended on the restoration, and utterly defacing the architectural beauty of the building by concealing its leading features and destroying the nice balance, most carefully regarded throughout the original design of the Church, by which plain spaces were made to contrast with enriched spaces, solid with void and light with shadow. Of the above mentioned 32 monuments, perhaps four or five might be attached to the walls at the west end, although not without the greatest architectural impropriety, and (as I shall state below) some few small monuments might be disposed of in the Round Church by filling up a few remaining blank spaces, although not with increasing the disfigurement of that building. In the Round Church I have had measurements made of the monuments formerly in this Church, as nearly as is practicable in their present dismembered condition, and I am enabled to state that by putting the monuments higher up, a few, say five or six, of the smaller monuments from the Square Church might be found room for here, although the inscriptions would probably be illegible from below. No part of this building is affected by the question of the seats, so that the Committee, if they think proper, may cause to be reinstated as before, the whole of the 30 or 40 monuments which formerly 329


1841 MICHAELMAS TERM (Cont'd.) covered the walls, pillars and pavement: but in so doing, I hope I may be allowed to say that an outrage, deeply to be deplored, would be committed on good taste by substituting for the grave and quiet simplicity of the ancient edifice a disorderly flutter of incongruous and fantastic enrichments rendered far more offensively conspicuously than formerly, by the new face given to all the marble and stonework of the walls and vaulting. There were 2 monuments attached to the clustered pillars of this Church. It would be highly dangerous to the stability of the fabric to refix these. There were also 2 extremely large and unsightly monuments standing on the pavement under the north aisle, it may probably not be the wish of any one to re-erect these:6 It appears therefore that supposing all the monuments (with the above exceptions) refixed in the Round Church, and all those that can be got below the string course in the Square Church, there would still remain about 32 large monuments to be provided for, and some of these of very great dimensions. A cloister either against the north or south side of the Church might be built quite large enough to hold these, and although I am strongly of opinion that the plan for a monumental cloister towards the east, already submitted, is open to fewer sound objections than any other plan hitherto devised, yet there is no doubt but that cloisters built in either of the above situations would be infinitely preferable to the defacement of the interior of the building. Before closing my Report. I beg to allude to a suggestion that has only just reached me, but which I consider of great value and well worthy of serious consideration. It is to follow the course most judiciously adopted at St. George's Chapel, Windsor, of substituting in place of these monuments (many of which seem to have been made in size and ornament inversely as the celebrity of the individual) large flat brasses laid on the face of the wall, the present inscriptions might be literally transcribed, with the armorial bearings, etc. And if they were placed within the small arches in the aisle of the Round Church, the beauty of the building would be unimpaired whilst, as the inscriptions would all be far more levible than they could ever otherwise be, a higher respect would seem to be paid to the memory of the individuals recorded. [P.S.1 I regret that Mr. Burton's absence from town prevents his joining in this Report, but I am well acquainted with his opinions and I know that he is quite as anxious as myself to be clearly and entirely exonerated from any participation in the proposed injury

.According to Mrs. Arundell ksdaile in her book ' Templc Churc h Alonumcni.N. I.ondon. 1933. p.19. the works in question w ere those of kdmund Plow-den and Richard Martin. masterpieces of the monumental art of kliiabeth and James IT

-

330


1841 MICHAELMAS TERM (Cont'd.) to the architecture of the Church, which we had hoped to have been instrumental in restoring to its pristine beauty."

Resolved that the proposed seats for the Temple Church be placed back against the wall, as shown in the last plan submitted by the architects and recommended in the Report of the Church Committee of 5thNovember last, and on the same day, adopted by the Middle Temple. Resolved on the part of this Society that it is inexpedient to convert the Exchequer Office into a receptacle for the monuments according to the plans submitted by the architects, dated 8thDecember, 1841. Ordered that Mr. Starkie and Mr. Wortley be added to the Committee appointed to consider the cost of the Bench dinners out of term. Business adjourned to Wednesday, 22ndinstant. BENCH TABLE Dec. 22

Present The Treasurer, Sir George Rose, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Wortley, Mr. Whateley and Mr. Wyatt. Ordered that the Sub-Treasurer do procure the necessary account books suggested in the Report of the Finance Committee read at the Table this day, and that the Report remain in the Treasurer's Office for the inspection of the Masters of the Bench and be taken into consideration next term. The following Resolutions of the Middle Temple, from the Treasurer's Office, Middle Temple, signed by Edward Eldred, the Sub-Treasurer, and dated 18 December, 1841 were read: "Parliament held by adjournment on 17thDecember 1841 at the Middle Temple. The Report of the Church Committee with the two Reports of the Architects ordered to be lithographed at the last adjournment of this parliament were considered. The Resolution of the Inner Temple Bench of 10thinstant was read together with the Report of Mr. Smirke, the Architect, thereon dated 15thinstant, and also the Resolutions of the Bench of the Inner Temple of 15thinstant were read. It was then moved and seconded:

331


1841 MICHAELMAS TERM (Cont'd.) That until it be determined whether the monuments be replaced, no further steps be taken with respect to the sittings. The same was negatived. It was then moved and seconded: That it is inexpedient to replace the monuments in the Church, whereupon, It was moved as an amendment and seconded: That this question be adjourned to the next parliament and the amendment was thereupon put and carried. It was then moved and seconded: That no steps be taken with reference to the sittings till it is determined by this Bench and the Bench of the Inner Temple what is to be done with the monuments. Which was put and negatived."

The following letters received from the Society's Solicitor and from the Solicitors of the Woods and Forest upon the subject of the purchase of the Alienation Office, read: Letter from Jeremiah Simpson of King's Bench Walk, addressed to Mr. Martin, Under-Treasurer, dated 9th December, 1M l: "The Crown and the Inner Temple Society. Herewith I beg to forward you a copy of a letter received from Messrs. Pemberton & Co., the solicitors to the Office of Woods, requesting to know when the Benchers of the Inner Temple will be prepared to complete their purchase of the premises, heretofore used as the Alienation Office, by payment of the consideration money being 0,750. I also enclose the ticket referred to by their letter and which accompanied the same and I will thank you to lay both before the Benchers of the Society with this letter for their consideration at the earliest opportunity as I understand the solicitors are desirous of January next. I also beg to submit for completing if possible before the consideration of the Benchers whether it will not be the best and cheapest course to allow Messrs. Pemberton & Co. to prepare the draft conveyance, as is customary, and proposed by their letter according to the usual form prescribed by the Act of Parliament of 10 George IV c. 50, and send the same for my perusal and to be submitted to counsel if necessary on the part of the Society. For which purpose, the Benchers will perhaps be pleased to direct you to furnish me with the names of the feoffees, Benchers or other trustees to whom they would wish the property to be conveyed in trust, to manage, use, convey and


1841 MICHAELMAS

TERM (Cont'd.)

dispose of the same, as the Treasurer or the Masters of the Bench for the time being of the Society of the Inner Temple shall direct or appoint, or to inform me of any other manner in which they would wish the property to be conveyed. The conveyance is exempt from stamp duty, and Messrs. Pemberton & Co.'s charge of £15 15s., alluded to in their letter, includes the expense of inrolling the deed. I also beg to suggest the propriety of having a ground plan of the property put upon the conveyance and referred to therein." Letter from Messrs. Pemberton, Crawley & Gardiner of Whitehall Place, addressed to Mr. Jeremiah Simpson, dated 8th December, 1841: "The architects have reported to the Board of Woods that the premises heretofore used as the Alienation Office have been entirely cleared and the occupation of every room vacated, except that certain fixtures and other articles belonging to Mr. Alexander have been allowed to remain by the permission of the Under-Treasurer and yourself. We therefore request to be informed when the Benchers of the Inner Temple will be prepared to complete their purchase and to pay the purchase money. The purchase money may be paid either at the Office of Woods or into the Bank of England upon the enclosed ticket, when duly filled up and signed by the Commissioners. We will obtain the signatures of the Commissioners if you will insert the names of the persons to whom the conveyance is to be made, as we presume the Society of the Inner Temple is not a corporation capable of holding in succession. The charges for conveyances prepared by the proper officers in the Land Revenue Department are regulated by a certain scale according to the amount of the purchase monies. Where the purchase exceeds £3,000 and is under £5,000 the charge is £15 15s. In the present case you may either prepare your own conveyance and send it to us for approval, or we will prepare it and send the draft to you for your approval before it is ingrossed, but the expenses of the conveyance must of course be borne by the purchasers." Ordered that the conveyance be made to the feoffees of the Society and that the solicitors of [the Office of] Woods & Forests be requested to prepare the same. Ordered that George Daniels, Esq., upon the application of Mr. Whately, have permission to have access to the Library of this Society for six months during the usual hours.

333


1842

JOHN EDMUND DOWDESWELL, ESQUIRE

TREASURER

1 January to 31 December 1842

MASTERS OF THE BENCH attending Bench Table and Parliament

Sir Charles Wetherell, Sir George Rose, Sir Jonathan Frederick Pollock (the Attorney General), Horace Twiss, Esquire, The Hon. Charles Ewan Law, Francis Ludlow Holt, Frederick Thesiger, William Erle, Cresswell Cresswell, Richard Preston, William Burge, George Spence, Thomas Starkie, Thomas Joshua Platt, Francis James Newman Rogers, George Chilton, John Evans, Robert Vaughan Richards, Robert Baynes Armstrong, David Dundas, William Whateley, Matthew Talbot Baines, Esquires, The Hon. James Stuart Wortley, John Wyatt, John Hardy, Stephen Lushington, D.C.L., Esquires, Sir John Beckett and Henry Hallam, Esquire.

334


1842

HILARY TERM

BENCH TABLE Jan. 11

Present The Treasurer, the Attorney General (Sir Frederick Pollock), Sir George Rose, Mr. Law, Mr. Thesiger, Mr. Erle, Mr. Cresswell, Mr. Twiss, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Dundas and Mr. Whateley. Orders of last term were read. Mr. Richard Edward Turner, a student, to have permission to practise as a Special Pleader extended for one year. John William Willcock, Esq., a barrister, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. William Hughes Hughes, junior, a student, called to the Bar by Lincoln's Inn, to be admitted ad cundem to the Society on his certificate from Lincoln's Inn. Mr. Alexander Pulling, a student, petitioning for permission to practise as a Special Pleader, declared that he had practised as an Attorney and Solicitor on his own account for a period of upwards of four years, was admitted a member of this Society in 1838 and that soon after Trinity Term 1840 he gave up and discontinued his practise as an Attorney and Solicitor and commenced keeping terms. Since then he has kept five terms, commons and having been in thc profession and study of law for nearly eleven years, and gone through the usual chamber study of a Special Pleader. Ordered that under the existing Rules of the Society, the Masters of the Bench cannot comply with his request. The Sub-Treasurer reporting that Philip Courtenay, Esq., a Master of the Bench, having died On 10th December last, and in consequence a set of Bench chambers situate on the first floor north at No. 2 Paper Buildings had become vacant. Ordered that it be disposed of at the Parliament to be held on 28'h instant, and that the Masters of the Bench be informed. The Sub-Treasurer reporting that Mr. William Haley Courtenay, a student, who was a passenger on board the President steam vessel, is supposed to have been lost with that vessel on his passage from America, about April or May last. By his death, three sets of chambers situate No. 1 Fig Tree Court, three pair east, No. 1 Fig Tree Court, three pair west, and No. 3 Crown Office Row, have devolved to the [louse. Also, by the death of Philip Courtenay, Esq., above reported, four sets of chambers situate No. 5 Inner Temple Lane one pair south, No. 5 Inner Temple Lane two pair south, No. 12 Paper Buildings One pair south, and I lall staircase three pair north, have devolved to the 335


1842 HILARY TERM (Cont'd.) House. Also, that Mr. William Henry Medlicott, a student, died on 25th November last, and that by his death a set of chambers, situate on the ground floor north at No. 7 King's Bench Walk, have devolved to the House. Also, that Thomas Holt White, Esq., a barrister, died in December last, and that by his death a set of chambers, situate ground floor east No. 2 Fig Tree Court, have devolved to the House. Ordered that Mr. Wyatt and Mr. Burge do view the several respective chambers and report the annual value thereof. Ordered that William Whateley, Esq., be added to the Chamber Committee. Grand Day this term to be Wednesday, 26th instant. BENCH TABLE Jan. 11

Present The Treasurer, the Attorney General (Sir Frederick Pollock), Mr. Twiss, Mr Holt, Mr. Cresswell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Wyatt and Mr. Hardy. Applications received from John Horatio Lloyd, Esq., a barrister, of 1 King's Bench Walk: dated 12thinstant, requesting permission of the Bench to have a copy of a letter written and addressed by Mr. Lloyd to Mr Holt about the 12thNovember 1834, which he had laid before the Benchers. He requests to make the copy himself and that the original may be entrusted to him for so long a time only as may be necessary for that purpose. He is desirous of submitting the letter to the judgment of those persons in whose hands he has placed himself for counsel and guidance; dated 14thinstant, he further requests that the Treasurer and Masters of the Bench will permit him to inspect and read over the other documents and statements referring to his case which are deposited with the Under-Treasurer under seal. Ordered that the consideration of the same be adjourned to Friday next, 21 instant, and the Masters of the Bench be informed, and that the documents and statements referred to in Mr. Lloyd's application be opened for the inspection of the Bench in the mean time.' BENCH TABLE

Jan. 18

Present The Treasurer. Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Thesiger, Mr. Cresswell, Mr. Burge, Mr. Platt, Mr. Starkie. Mr. Rogers, Mr. Evans, Mr. Chilton, Mr. Richards, Mr. Armstrong and Mr. Wyatt. Mr. Rogers giving notice of motion for Tuesday, I' February, "that

For a full account of this case, DIS/I/L2/1-2,

John Iloratio

336

Lloyd ( 1849).


1842 HILARY TERM (Cont'd.) the sum of twelve guineas be granted to the Revd. Mr. Rowlatt as a gratuity on the part of the Bench, in consideration of Mr. Rowlatt having lost the chances of the nomination of individual benchers (whose undoubted patronage it is to appoint) to preach the afternoon Sunday sermons, owing to the Church being under repair". PARLIAMENT Jan. 21

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr.Law, Mr. Holt, Mr. Cresswell, Mr. Preston, Mr. Erle, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. R.V. Richards, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Wortley, Mr. Wyatt and Mr. Hardy. Parliament dissolved. BENCH TABLE

Jan. 21

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Erle, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. R.V. Richards, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Wortley, Mr. Wyatt and Mr. Hardy. The applications made by Mr. Lloyd, read at the Bench Table on instant, taken into consideration: ordered that the Sub-Treasurer 14111 do write the following letter to Mr. Lloyd in reply: "In answer to your letters of the dates 12'h and 14`hJanuary instant, I have the directions of the Masters of the Bench of this Society to forward to you the enclosed copy of your original letter addressed to Mr. Holt, laid before the Bench on Friday, 14'h November 1834. With respect to the remainder of your application to the Treasurer for the inspection of the other documents and statements referring to your case, I am directed to inform you that the Masters of the Bench are not at present aware of any reason for complying with it." Memorandum. A copy of the above letter with the enclosure was sent to Mr. Lloyd on 2211dJanuary 1842. James Russell, Esq., a barrister, having produced Her Majesty's Letters Patent, constituting him One of Her Majesty's Counsel, dated 17111 January 1842: ordered that the same be taken into consideration on Friday next.

337


1842 HILARY TERM (Cont'd.) A Committee to be formed of the following gentlemen: the Treasurer, Sir Charles Wetherell, Mr. Twiss and Mr. Wyatt, to inquire into the qualification of the Masters of the Bench necessary to give a right of vote and election of Bench chambers, and that they do report thereon. PARLIAMENT Jan. 28

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Thesiger, Mr. Erle, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. R.V. Richards, Mr. G. Richards, Mr. Armstrong, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Hardy and Sir John Beckett. Messrs. Thomas John Mazzinghi, John Spencer Phillips, Thomas Montague Carrington Wilde, Charles Robert Claude Wilde and William Hughes Hughes, junior, called to the Bar. Disadmittance from, and admissions to, Bench chambers with fines of 40s:The Treasurer, from Bench chamber three pair of stairs south No. 3 Paper Buildings to Bench chamber late of Philip Courtenay, Esq., one pair of stairs north No. 2 Paper Buildings. William Erle, Esq., from Bench chamber one pair of stairs No. 8 Fig Tree Court to Bench chamber late of John Edmund Dowdeswell, Esq., three pair of stairs south No. 3 Paper Buildings. William Burge, Esq., from Bench chamber one pair of stairs No. 2 Hare Court to Bench chamber late of William Erle, Esq., one pair of stairs No. 8 Fig Tree Court. Thomas Joshua Platt, Esq., from Bench chamber ground floor south No. 10 Farrar's Buildings to Bench chamber late of William Burge, Esq., one pair of stairs No. 2 Hare Court. Francis James Newman Rogers, Esq., from Bench chamber area south No. 10 King's Bench Walk to Bench chamber late of Thomas Joshua Platt, Esq., ground floor south No. 10 Farrar's Buildings. George Chilton, Esq., from Bench chamber one pair of stairs in the Hall staircase to Bench chamber late of Francis James Newman Rogers, Esq., area south No. 10 King's Bench Walk. John Hardy, Esq., admitted in and to Bench chamber late of George Chilton, Esq., one pair of stairs in the Hall staircase.

338


1842 HILARY TERM (Cont'd.) BENCH TABLE Jan. 28

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Thesiger, Mr. Erle, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. R.V. Richards, Mr. G. Richards, Mr. Armstrong, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Hardy and Sir John Beckett. Mr. Woodford Fookes, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. James Russell, Esq., a barrister, having produced Her Majesty's Letters Patent, constituting him one of Her Majesty's Counsel, dated 17th January 1842, and pursuant to the BTO 21st instant that the same should be taken into consideration this day: ordered that there be a call to the Bench next term, and that the gentlemen to be invited be balloted for on Tuesday 19th April next, and the Masters of the Bench have notice thereof. Ordered that Mr. Rochfort Clark, a member of this Society, be accepted as tenant of the chambers in Mitre Court Buildings, vacated by Mr. Justice Cresswell, Mr. Clark having formerly vacated a set in the old Mitre Court Buildings to accommodate the Society. BTO 12 June 1840, "that no vote of money in the way of gratuity or pension be granted out of the funds of this Society without a previous notice of 14 days being sent to the Masters of the Bench" considered: ordered that in the case of a gratuity only, where the proposed amount does not exceed £30, seven days notice shall in future be sufficient. Mr. Burge and Mr. Wyatt, pursuant to BTO 11th instant, reporting that they have viewed the under-mentioned chambers, lately devolved to the House, and consider the annual value for each set to be the sum given, as follows: No. 3 Crown Office Row No. 1 Fig Tree Court, 3 pair east No. 1 Fig Tree Court, 3 pair west No. 5 Inner Temple Lane, one pair south No. 5 Inner Temple Lane, 2 pair south Hall Staircase, 3 pair north No. 12 Paper Buildings, one pair south No. 7 King's Bench Walk, ground floor north No. 2 Fig Tree Court, ground floor east

£65 £45 £45 £52 10s. £42 £40 E I 00 £84 £55

Ordered that they severally be let at the respective amounts so reported.

339


1842

FilLARY

TERM (Cont'd.)

Report from the Committee appointed to inquire into the qualification of the Masters of the Bench necessary to give a right of vote and election of Bench chambers, dated Wednesday 26th January, 1842, read: "The Committee reporting that they have caused the Order Books and Bench Rolls to be examined to ascertain in the first place what are the Rules of the Society, and secondly, what has been thc practice hitherto observed upon the election of Bench chambers. They find by Orders made at the Bench Table bearing dates respectively. 19 November, 1691 and 22 May, 1821, it is provided in the first named Order, "that no Bencher to have election of Bench chambers at any Parliament unless personally present at the Bench Table and in Commons too several days at the least in each of the two precedent terms before such Parliament, except upon reasonable excuse allowed by the Bench Table for non-attendance. But this act not to debar any Attorney or Solicitor General that shall hereafter be at the Bench, or any Master of the Bench that now is, or hereafter shall be a member of the National Parliament: they have a vote and election of Bench chambers notwithstanding their absence-. By the second named Order. it is provided "that such Bencher shall be personally present and in Commons for several days at least in each of the two precedent terms before such Parliament. subject to the provisols] in the above recited Order of 19 November, 1691". With respect to the practice hitherto observed upon the election of the Bench chambers, it appears that so far as the Bench Rolls have been examined, viz, for a period of 25 years, the practice has been strictly in conformity with the before recited Rules, it appearing in all cases that a vote and election of chambers had been made by only such gentlemen who had kept the two precedent terms prior to the term of election, although in several cases they did not keep the term in which the election took place and in many cases where gentlemen had kept only one of the preceding terms and also the term of election, they have not been permitted to vote.Ordered that the Report be confirmed. Report of the Finance Committee upon the subject of the accounts of the Society and the duties connected with the Office, presented to the Bench on 22nd December last, together with the Resolutions of the Committee founded thereon, dated 22nd instant, considered, as follows: "Further Report of the Committee appointed to investigate the rent and dues, [and] accounts ot'the Society, pursuant to BTO 16th November last, "that the Committee should inquire and report whether the Sub-Treasurer, with or without further assistance in the Office, will be enabled to conduct the business ot' the Office as far as respects the

340


1842 HILARY TERM (Cont'd.) income and expenditure of the Society, with such new checks with respect to the income and expenditure, as the Committee may recommend". The establishment of the Office in which the business of the Society is transacted, consists of: (Mr. Martin) The Under-Treasurer The Clerk (Gardner, lately discharged) The Writer or extra Clerk (Scott) Messenger (Pullum) Hur!stone (the Collector of thc Rents) No security is or ever has been given by any one of the Officers except the Under-Treasurer who gives security to the extent of ÂŁ2,000. The monies received on account of the Society and its Officers (exclusive of rents) is derived from the following sources: Fees upon admission to the House Admission into Commons Deposits made by students Fees on Calls to the Bar Commons and Pensions and Preachers' duties Fines and admissions into chambers Barristers' dues Calls to the Bench Reader's fines These items average about ÂŁ8,000 per annum, including the students' and barristers' stamps and from the nature of the items, the whole excepting the commons are, and must always be, paid into the Office. The engagements of the Under-Treasurer are so multifarious that it is absolutely impossible that he can be always at hand to receive these various sums of money, the consequence has been that in practice, the Clerk who gives no security to the Society, has been in the habit during the absence or other engagements of the Under-Treasurer of receiving the monies, which have been offered to be paid in the office. The Committee are of opinion that this system ought not to be continued. They arc of opinion that when the Under-Treasurer is present, he should receive all monies offered to be paid into the Office and which from their nature must be paid at the Office (of which the latter description are the whole of the sums constituting the income of the Society excepting the rents and commons) and that immediately 341


1842 HILARY TERM (Cont'd.) upon the receipt thereof, he should enter the same in a General Cash Book, to be kept by him for that purpose, open at all times to the inspection of the Treasurer and Benchers. In his absence one of the Clerks in the Office, to be specially named for that purpose, who should on no account leave the Office during the usual hours of business and should be called upon to give security in the sum of E500, should receive all such monies as are offered to be paid in the Office during the Under-Treasurer's absence, and that he should immediately enter the same in a Cash Book, to be kept by him open at all times to the inspection of the Under-Treasurer. Immediately upon the Under-Treasurer's return to the Office, such Clerk shall produce his Cash Book and pay the amount he may have received into the hands of the Sub-Treasurer who should enter the same in the General Cash Book, and on the same day on which such monies shall have been received, or in case of great pressure of business, then on the following morning, the Under-Treasurer shall pay all such monies to the Bankers to the respective accounts to which the same ought to be placed. [The Committee are of opinion] that a Book be kept in the Treasurer's Office in which shall be written as follows: "We the under-signed being desirous of being admitted members of the Honourable Society of the Inner Temple for the purpose of being called to the Bar, have on the respective days set against our names, paid at the Treasurer's Office of the Inner Temple the sum of money placed opposite our respective signatures 'in this Book', and that such Book shall be handed to each gentleman upon his paying his admission fees deposit or entrance into Commons for this purpose. Unwilling as the Committee are to recommend any alteration or increase in the establishment yet looking to what has happened and after having entered into a full enquiry on the subject with the Under-Treasurer and after having given this important subject a full and careful consideration the Committee are of opinion that the due receipt of the income of the Society derived from the above sources and the due keeping of the accounts relating to such receipts, together with the keeping of a general ledger and other checks, hereafter mentioned involving considerable labour, cannot be secured without the appointment of a permanent writer at a cost to the Society of about E70 or E80 per annum. The Committee further propose that the Bench auditors shall and the day of appoint some certain day between , . days respective which on year each m the day of they or one of them or some Bencher to be named by them in their stead shall attend at the Parliament Chamber for the purpose of

2

Left blank in BTO Book.

342


1842 HILARY TERM (Cont'd.) examining and checking the accounts to be produced to them as hereinafter proposed. [The Committee are of opinion] that for the purpose of the collection of the commons and dues which have hitherto been received by the Clerk, and for which he has been allowed a commission of El 10s. Od. per cent thereon, and which collection very materially interfered with his other office duties, the present Collector of the Rents should be appointed also Collector of the Commons, at a percentage upon the amount collected by him. For the future, it shall be the duty of the Under-Treasurer immediately after Hilary and Trinity Terms to make out the charges for the two last terms of every gentleman who has been in Commons during either of those terms, and also the charges against any gentleman who has been absent, and likewise, the charges for the Chamber Commons Dues Roll and Officers Fees, and enter such charges in the Chamber and Non-Chamber Ledgers. When he has so entered the same, the Collector shall make out from such ledgers the Commons Bills, together with a list of all gentlemen charged and in arrear, adding to those gentlemen last charged the amount of their former arrear. The Collector shall according to the list so made out by him from the Chamber and Non-Chamber Books, as before mentioned, collect all sums of money payable in respect of commons and dues and he shall daily pay into the hands of thc Sub-Treasurer, all such sums as he shall receive, who should cntcr the same into the General Cash Book before mentioned, giving the Collector a discharge for the same in a pocket ledger, to be kept by such Collector, in which he shall enter all monies received by him for commons immediately upon the receipt of the same. The Collector shall on each of the days to be appointed by the Bench auditors, as before mentioned, take all the Commons Accounts from the last preceding examination, together with his pocket ledger and the proper vouchers, and at the same time the Under-Treasurer shall produce the General Cash Book and the Banker's Book to the Bench Auditor, who shall be sitting for the purpose to be examined by them and that such Bench auditors shall certify such accounts with any observations he may think fit to make to the Treasurer. It shall be the duty of the Collector to make out and complete within One month after the close of every half year viz. by 31" January and 31' July, a full account from the Commons' ledgers, in a book to be called "An Account of the Commons and Pensions & Preachers Duties", the amounts received from each gentleman together with the former arrear, the charge for the last Michaelmas and Hilary Terms or Easter and Trinity Terms as the case may be, and the then present arrcar, which account shall be examined by the Sub-Treasurer. A letter 343


1842 HILARY TERM (Cont'd.) shall be sent to each gentleman, so stated to be in arrear, within 14 days from the completion of such account, informing him of the amount of arrear appearing against his name and the list of such arrears shall be brought before the auditors by the Under-Treasurer on the usual audit days. At the before stated periodical meetings of the Bench auditors, the Under-Treasurer shall produce for examination the accounts, in respect of such, his receipts with the Admission papers for the Admissions into the House, the Commons Roll for the Admissions into Commons and shall produce a certificate from each gentleman admitted into Commons of his being of the University or of his having made the deposit of ÂŁ100, also the Parliament papers showing the Calls to the Bar together with the qualification paper of each gentleman called, showing the amount paid and signed by him, also the Parliament papers showing the Fines and Admissions into Chambers and the Calls to the Bench, and also the Barristers and Students' Stamp Books. The Committee further propose that all such accounts together with the several vouchers should be produced at the general half-yearly meetings of the auditors, together with the other accounts as after mentioned. With respect to the rents of the Society, the Committee find that they must for the most part be collected by the Collector. Although no complaint has been made against the present Collector of the Rents, nor have the Committee any reason to suspect that he has in any manner been remiss in his duties, the Committee submit that the system of having a Collector who gives no security ought not to be continued. The present Collector receives a commission of 5 per cent, besides which he is the 3rd Butler, from which Office he derives emoluments to the extent of about ÂŁ100 a year. As it is proposed that he should be the Collector of the Commons Accounts, the Committee suggest that he should be called upon to give security in ÂŁ 1,000, and that he should have a percentage, to be fixed in such a manner as the Bench may determine. The Committee propose that the whole of the rents collected shall be paid by the Collector to the Under-Treasurer in the same manner as is proposed for the Commons, and that the Under-Treasurer should immediately enter the same into the General Cash Book, before mentioned, and on the same day pay the amount so received by the Collector to the Bankers to the credit of the Rent Account, and that the Under-Treasurer should give a discharge to the Collector in a pocket ledger, to be kept by him, in which he shall enter all such monies as he may receive for rents immediately upon the receipt of the same, and


1842 HILARY TERM (Cont'd.) the Committee propose that the receipts given by the Collector for rents shall be on the form after provided. As to such part of the rents as may be paid into the Office, the Committee propose that the same shall be received by the Under-Treasurer and shall be entered in the cash book before mentioned, and that the Clerk should not be allowed to receive any rents or at any time be put in possession of the Rent Receipt Book, after proposed. The Committee further propose that the Collector with the Sub-Treasurer shall make out the rental one week before Lady Day and one week before Michaelmas Day, and that the name of each gentleman charged shall be transferred into a stamped receipt book, made up at the same time, having a margin of a quarter leaf blank in which his name shall be entered, together with the amount due. The remaining part of the leaf shall be a printed receipt filled up with the name and amount to correspond with thc margin on which a notice shall be printed, that no other receipt will be deemed valid but such as is signed by thc Sub-Treasurer and countersigned by the Collector. Once a week or oftener, the Sub-Treasurer shall examine the Collectors Receipt Book, the General Cash Book and the Rental, to see that the amount of the missing stamps has been paid into his hands and are duly entered in the General Cash Book. Such accounts and vouchers shall be produced by the Collector at the periodical meetings of the Bench auditors together with the General Cash Book and Bankers Rent Account Book, to be examined by them or such one as shall be in attendance, and certified to the Treasurer. Within ten days after the close of every half year, viz. by 10111Januaryand 101hJuly, the Under-Treasurer shall examine the whole of the Rental with thc Bankers Book and Receipt Book, and shall cause to be made out, so examined by him, a list of all persons then in arrear which list shall be laid before the two Bench Auditors or such one of them as shall be in attendance at their next periodical meeting, and an account shall be sent to each person stating the amount of the arrear appearing against him in the Books of the Society. The Committee further propose that the monies received for stamps, the rents of the Bench chambers and the fees due to the Under-Treasurer and other officers, shall be duly entered into the General Cash Book and paid into the Bankers on each day or the following on which the same are received, in the name of the Under-Treasurer, who shall keep these accounts as heretofore, and that an account of the monies so paid in to this account shall be made out by the Under-Treasurer tbr the examination of the Bench auditors at their periodical meetings and certified by them to the Treasurer.

345


1842

HILARY TERM (Cont'd.) The Committee further propose that a ledger shall be kept in which shall be entered at the end of every half year a Debtor and Creditor Account against every member of the Society and every occupier of chambers not being a member, so as to show at one view the state of the account of each individual with the Society. The Committee also recommend that the Under-Treasurer should for the future keep a ledger in check against the Society's Bankers, and that he should enter in such ledger all sums of money paid into their hands, and also before any cheque is given against them, that the same should be entered in such ledger so that at any time could be seen the state of the Society's account with their Bankers, which ledger should be from time to time examined by the Under-Treasurer with the Bankers Pass Book, and should be produced at the periodical meetings of the Bench Auditor and examined by him. The half yearly accounts of the Society, checked and certified as above, shall be laid before the auditors by the Under-Treasurer as heretofore. The Committee on the whole are of opinion that the Sub-Treasurer with such further assistance in the Office as is above recommended, will be enabled to conduct the business of the Office as far as respects the income and expenditure of the Society with such new checks as they have above recommended."3 Resolutions founded upon the above Report: "The Finance Committee recommend upon their Report that the following Resolutions should be adopted by the Bench, viz.: That independently of the duties set apart for the Sub-Treasurer, the Treasurer be requested to appoint a permanent writer or extra Clerk as recommended by the Report presented to the Bench on 22nd December, 1841 at a salary not exceeding ÂŁ80 per annum. Such Clerk is to be under the direction of the Sub-Treasurer and to assist in keeping the ledgers and accounts and on the general business of the Office as may be found necessary. That George Bryant, the present Clerk in the Office, should besides performing such duties as he may be required to do by the Sub-Treasurer, under whose control the Committee think he ought to be placed, should be authorized exclusively to receive all monies offered to be paid into the Office during the absence of the Sub-Treasurer except rents, and for that purpose, he shall be required to be always in attendance during office hours, and that he should give Some of these pages have been crossed through in pencil.

346


1842 HILARY TERM (Cont'd.) security to the Society of £500. In consequence of this additional impost,his present salary of £40 should be increased to £50 per annum. That William Hurlstone, the present Collector of the Rents, should likewise be appointed Collector of the Commons, as recommended in the Report of the Committee, at a percentage not exceeding one hundred guineas per annum in the whole for such collection, the proportion on each head of collection to be fixed by the Treasurer,4 and that he be required to give security for £1,000 for the faithful discharge of the trust reposed in him. That the clerks employed in the office shall be under the control and direction of the Sub-Treasurer, and shall perform such duties towards the dispatch of the business of the Society as they may be required to do by the Sub-Treasurcr, excepting as regards the receipt of money during the absence of the Sub-Trcasurer, which is to be confined exclusively to the said George Bryant. That within 10 days after the close of Michaelmas, Hilary and Trinity Terms, the Bench Auditors or some or one of them, or some one or more of the Benchers, to be appointed by them in their stead, shall attend in the Parliament Chamber to have the accounts of the Society laid before them with the necessary vouchers, in order that they may examine into the arrears due to the Society and the general state of the accounts and finances of the Society, and give such direction in regard to such arrears and accounts as are recommended in the Report.Ordered that the Report with Resolutions founded upon be confirmed. A Further Report from the Finance Committee considered: "The Finance Committee have further to report to the Bench that they have considered the claim of £150 made by Mr. Anderson, the Accountant, and considering that he was daily engaged from 10 o'clock in the morning till 4 in the afternoon for a period of two months, with the exception of two or three days, in examining and checking the last 5 years accounts of the Society, they are of opinion that his claim should be allowed, and do recommend the payment of thc same. And further, that considering [the satisfactory manlier in which he has executed the duty he had to perform and thatr he has been kept for a period of 7 months in uncertainty whether he should have permanent employment at the Temple, the Committee

'4

In the margin

and Pensions I signed] 5

Inserted

is written,

"Commission

and Preachers'

FA I. Martin, in pencil

duties,

fixed and 7/od

by the Treasurer per cent upon

Sub-Treasurer". above

the text.

347

at £2 I Os. per cent upon

the collection

of rents.

the Commons


1842 HILARY TERM (Cont'd.) recommend that a further sum of fifty pounds should be paid to him as a gratuity." Ordered that the Report be confirmed. BENCH TABLE Feb. 1

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Evans and Mr. Wyatt. Ordered upon the motion of Mr. Rogers that the sum of twelve guineas be granted to the Revd. Mr. Rowlatt as a gratuity on the part of the Bench in consideration of Mr. Rowlatt having lost the chances of the nomination by individual Benchers (whose undoubted patronage it is to appoint) to preach the afternoon Sunday sermons owing to the Church being under repair. Sarah Dollery, widow of John Dollery, late Under-Porter of the Society, having petitioned for relief: ordered that she be allowed the sum of five shillings a week during pleasure...6 Report of the Chamber Committee, dated 25 July 1842, read, viz.: "The Chamber Committee beg to report to the Bench that they have considered the application made by Charles Sotheby, Esq. of the Manor House, High Beach, in the County of Essex, the freeholder, and Mr. Tom Skelton, the tenant, of the house and premises situate No.17 Fleet Street, for permission to break through and open six windows on the ground floor of the said premises so as to look into, and gain light from the Inner Temple Lane, as shown in a plan accompanying their application, the west wall of such house and premises being adjoining to, and abuts on the east side of the Inner Temple Lane. The Committee are of opinion that their request should be complied with during the pleasure of the Society, upon the said Charles Sotheby, and Tom Skelton, entering into covenants to make such alteration at their own expense and to the satisfaction of the Society's Architect, and that they will pay a yearly sum as an acknowledgment to the Society, of five shillings, during the time that such windows or any of them shall be continued, and that they will also covenant and agree that neither the said house and premises nor any part thereof, shall be let occupied or used as a tavern, or for public entertainments, or billiard rooms, and further that they shall block up the said windows or any of them at their own costs and charges upon receiving one months notice from the Treasurer of the Society for the time being, so to do, and that, in case they do not comply with such notice, the Society shall be at liberty to

6

Paragraph ends thus at bottom of page.

348


1842 HILARY TERM (Cont'd.) block up the same, and that they will bear and pay all costs and charges attendant thereon, as also the cost and charges of entering into this proposed agreement with the Society." Ordered that the Report be confirmed subject to such further covenants as shall be settled on the part of the Society by Counsel and provided the Society shall be at liberty at any time and under any circumstances to block up the lights. Report of the Committee appointed to ascertain whether the services of the Revd. Mr. Smith could be continued as Preacher at the Temple Church, dated 31'` January 1842, read, as follows: The Committee report that sometime since, they were in communication with the Master of the Temple and the Revd. Mr. Smith upon this subject, when it was arranged with the sanction of the Bench that Mr. Smith's services as Preacher at the Temple Church, in the absence of the Master, should be continued, upon this Society contributing in addition to the allowance made to him by the Master the annual sum of seventy guineas, and by BTO 8 May 1840, the sum of thirty five guineas was paid to him in respect of one half year's services, but the Committee were directed to make a report upon the subject observing all respect to the Master and guarding against any precedent arising out of the recommendation. On 11 June 1841, the Bench made the following Order: -

The Committee appointed on 5 November 1839 to ascertain whether thc attendance of Mr. Smith can be continued as Preacher at the Temple Church, and who were requested to make their report to the Bench upon the subject as early as possible, not having done so: ordered that they do make their report forthwith. The Committee arc of opinion that Mr. Smith may well be considered as entitled to thc arrear of the seventy guineas per annum on the footing of the above Orders, they therethre recommend that those arrears should be paid. But the other members of the Committee, not having had the opportunity of communicating with Sir Frederick Pollock, since the subject was last called to their attention, namely, during the last week, the Committee beg leave to suspend the presenting [of] their general report pursuant to the above Order until they shall have had an opportunity of conferring with Sir Frederick Pollock, with whom originated the proposal for procuring the valuable services of Mr. Smith in the Temple Church." Ordered that the Report be confirmed. A further Report of the Committee, appointed by BTO 2 November 1841 to consider the cost of the Bench dinners out of term, with a view 349


1842 HILARY TERM (Cont'd.) to reduce the expense of such dinncrs, dated 29th January 1942, read as follows: "The Committee in consequence of its having becn referred back to them to consider what further reduction can be made, have reconsidered the whole subject of their Report. They have also, in pursuance of the directions of the Bench, taken into consideration thc following petition from the Chief Cook, addressed to the Treasurer and Masters of the Bench of the Inner Temple. "The humble petition of Walter Cockman, Chief Cook of your Society. Your petitioner was appointed as Chief Cook to dress and superintend the preparation of the dinner for the Bench and Hall during term time only, at a salary of twenty five guineas per term upon the understanding that during vacation he was at liberty to make use of his time in his business as a cook. That about 10 years since your Bench commenced having dinners occasionally out of term, and your petitioner was desired to attend and dress such dinners upon the understanding that he was to charge upon the articles supplied by him a profit of l 0/6d in the whole to remunerate him for his services. That your petitioner is now given to understand that by a regulation of your Bench he is to furnish a dinner at prime cost for as many gentlemen as signify their intention of dining out of term at 5/- each. Your petitioner humbly submits that upon the occasion of those dinners, he supplied various articles such as cloths, brushes, sieves and various culinary articles at his own cost, in addition to his services for which no remuneration is now allowed. [signed] Walter Cockman[The Committee] find that the terms of the appointment of the Chief Cook are as follows: To superintend and give direction to the second cook and all the officers and servants in the kitchen. To dress the dinner for the Masters of the Bench and the whole Hall during term, and after dinner every day, when the Butler has furnished him with the numbers present, to take up his book of the charges for examination and signature of the junior Master of the


1842 HILARY TERM (Cont'd.) Bench present in Commons and also to take instructions from the Treasurer (or in his absence of the senior Master of the Bench present) for the dinner next day. He is allowed and paid for every gentleman that dines in Commons 3/- per day each and prime cost for all battlings and exceedings. He is paid by the Sub-Treasurer at the end of every term. Wages and Allowances 11 Nov 1823

Wages (25 guineas per term) Dinner money Supper money Calls to the Bar

105 12 2 3 £123

Os. 8 6 5

Od. 4 10 0

Os.

2d.

The Cook is allowed for kitchen utensils £2 10s. Od. per term (£ 10 per annum). The Committee are of opinion that in being allowed to the Cook to charge any profit on the cost price of the articles by way of remuneration, is most improper, but they recommend that 10/6d. for each dinner should be allowed to him. The Committee have also considered the subject of the dinner which has been usually provided for the servants on the days when Bench dinners have taken place out of term. Considering that the custom has prevailed ever since the practice of having dinners after term commenced and that many of the waiters and servants who attend have no regular salary or other remuneration beyond sharing the remains of the Bench dinner, they do not recommend the omission of these dinners. The Committee has subjoined a list of the several persons who partake of these dinners specifying those who receive regular annual salaries from the Society. The average expense of these dinners is £1 5s. Od. An additional charge is made for washing for these extra dinners, which we consider reasonable, as the regular sum paid does not include the extra dinners. The Committee is of opinion that it is very desirable that the Sub-Treasurer should provide the tea and colIce used on these occasions and give it out according to the number of Benchers, and though not exactly within our province, the Committee are also inclined to recommend to the Bench that the same plan should be adopted in regard to many other things which are in constant use such as black lead and articles of this description, so that there may be some person to see that there is no waste or unnecessary expenditure in these articles.

351


1842 HILARY TERM (Cont'd.) The Committee have taken into their consideration the working of the plan for limiting the dinners to 5/-. The plan was in operation during the last vacation. They have reason to believe that it did not give universal satisfaction and though the Committee had no authority to reconsider this part of their Report, they beg leave to offer as their opinion that the limit might properly be extended to 6/- or where the Treasurer should for any reason think fit, so far to extend it to 7/- but that that sum should be the utmost limit. The rules for sending in the names of those who intend to be present have hitherto operated very successfully. The Committee in offering these suggestions by no means desire to give any sanction to the establishment of the practice of dining after term. They consider and they believe they are stating what is the universal opinion of the Bench, that such dinners ought only to be provided when it shall be considered material for the due dispatch of the business of the Society and for that purpose only. The servants who usually attend the Bench dinners out of term are: 4 Butlers, sometimes 5 Deputy Pannierman 2 Waiters Pannier Woman 1 Washpot 1 Porter Chief Cook Cook's Assistant 1 Kitchen Woman In winter —the Lamp Man Man to draw beer

all on salaries of 7/6 a week out of term salary throughout the year no salaries out of term 3/6 each dinner no salary out of term salary and bound to be in attendance all year no salary out of term no salary out of term no salary out of term no salary out of term salary throughout the year -

Ordered that the Report be confirmed. Philip Warner Courtenay, Esq., as executor of Philip Courtenay, Esq., deceased, having offered for sale to the Society four sets of chambers in Harcourt Buildings and one set in Fig Tree Court, valued by Mr. Morgan, the Actuary, at ÂŁ8,137 : ordered that the purchase thereof be declined. Sir Charles Wetherell giving notice for motion for an early day next term, "that the monuments, tablets and inscriptions, be restored to the Temple Church, and that the Masters of the Bench be specially requested to attend on that subject". Business adjourned to Wednesday, 16'1'instant. 352


1842 HILARY TERM (Cont'd.) BENCH TABLE Feb. 16

Present The Treasurer, the Attorney General (Sir Frederick Pollock), Sir Charles Wetherell, Sir George Rose, Mr. Holt, Mr. Spence, Mr. Armstrong and Mr. Wyatt. Letter from Messrs. J.A. & J. Walford, the Solicitors of George Tudor, Esq., proprietor of premises in Mitre Court, Fleet Street, addressed to Jeremiah Simpson, Esq., the Society's Solicitor, and dated 28th January 1842, read, as follows: "George Tudor, Esq., and Inner Temple Society Referring to our letter to you of 14th January 1837 and your reply of 17th March in the same year, on the subject of a proposed exchange of a piece of land in Mitre Court, we have the satisfaction of aquainting you that our client is now in a position to carry out the arrangement, having obtained possession of the premises. We shall accordingly feel obliged by hearing from you if it is still the desire of the Benchers that this exchange should be effected upon the terms agreed on, as if so, we will proceed upon it with all dispatch, Mr. Tudor being anxious to commence his new building early in the spring." Ordered that the subject be referred to Mr. Spence and Mr. Wyatt, and if they see no objection, the Society's Solicitor be directed to make the exchange according to the arrangement agreed upon by the Society in the year 1837. Letter from the Society's Solicitor, upon the subject of completing the purchase of the Alienation Office and Garden, dated 15th February 1842, read, as follows: "The Commissions of Woods etc. and The Inner Temple Society I yesterday received from Messrs. Pemberton & Co. the draft conveyance of the Alienation Office Building and Garden to the Benchers of the Inner Temple, which I have perused and see no objection to the form thereof which is according to the Act under which the Commissioners sell. The conveyance is made pursuant to your instructions from them by direction of Mr. Dowdeswell, as the present Treasurer, to such of the Benchers of the Society as are feoffees of the site of the Inner Temple, upon trust nevertheless, to manage and convey and dispose of the same premises as the Treasurer and the Masters of the Bench for the time being of the Inner Temple shall direct or appoint, being exactly the same trusts as were declared 353


1842 HILARY TERM (Cont'd.) respecting the premises in Mitre Court conveyed to the Society in the late exchange with Mr. Farlow and others. But as the Treasurer will have to execute the conveyance as the directing party previous to its being signed by the Commissioners, I beg to forward herewith a copy for his previous perusal, and the only question within is whether the Benchers would wish, in order to perpetuate the identity of the land and premises formerly used as the Alienation Office, and now purchased from the Crown, from their other property in the Temple, to have a ground plan with the exact dimensions and boundaries shown thereon drawn in the margin of the present conveyance. If so, I understand Messrs. Pemberton & Co. will have one prepared accordingly upon my instructing them to that effect. I also beg to enclose the note signed by the Commissioners authorizing the purchase money, ÂŁ3,750, to be paid to the Cashier of the Bank of England, for which sum I will thank you at once to obtain me a cheque according to the terms of the Act under which the premises are sold. The consideration money must be paid before the conveyance is executed (see 10 Geo. 4 c.50 s.35) and I will obtain the proper receipt for the same. [signed] Charles Francis Bamford for Jeremiah Simpson "

Ordered that the Treasurer be authorized to complete the purchase forthwith. BENCH TABLE Mar. 16

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Holt, Mr. Spence and Mr. Wyatt. The Treasurer informing the Bench that he had on the part of the Society completed the purchase from the Crown of the Alienation Office and Garden and paid the purchase money of ÂŁ3,750: ordered that the same be immediately put into repair under the direction and superintendence of Sir Robert Smirke, the Architect, and let as chambers. The members of the Church Committee who are members of this Society, having laid a statement of the finances of the Society, with reference to the expenses of the Temple Church before the Bench: ordered that the same to be laid on the Table.

354


1842 EASTER TERM

BENCH TABLE Apr. 15

Present The Attorney General (Sir Frederick Pollock), Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Chilton, Mr. Evans, Mr. Dundas, Mr. Whateley and Mr. Wortley. Orders of last term were read. George Tickell, Esq., a barrister, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. Spence, pursuant to notice, having this day moved "that the Library Committee be requested to direct the Librarian to prepare an alphabetical catalogue of all the books and manuscripts in the Library and Parliament Chambers, with a view to the same being printed for the use of the Society": ordered that it be referred to the Library to report on the expediency and expense of Mr. Spence's plan. Ordered that the Bench chambers situate at No. 7 Fig Tree Court, vacant by the promotion of Cresswell Cresswell, Esq.,' late one of the Masters of the Bench, be disposed of at the Parliament to be held on 6th May next. Grand Day this term to be Wednesday, 4th May. Report from the Church Committee, dated 13th instant, read as follows: "Inner Temple Church Committee I 3th April 1842 The Church Committee beg to submit to their respective Benchers, that up to the close of the last term, the Masters of the Bench of the two Societies have been put into possession of all the circumstances connected with the repair and restoration of the Temple Church. Since which period the Committee have continued to hold their weekly meetings in order to regulate and watch the progress of the works, and on 10th March, the Committee not having received the monthly report from the architects upon the progress of the works, requested that it might be sent forthwith. A motion being now pending at the Inner Temple, as to the disposition of the monuments, the Committee thought it desirable, though the opinion of the Architects remained unchanged, that they should consider this subject with a view to its final settlement by the respective Benches, in the event

7

Promoted in I 842 to a Puisne Judge of the Court of Common Pleas.

355


1842 EASTER TERM (Cont'd.) of the Societies determining that the monuments should be placed in or about the Church. The Committee, therefore, on 12thMarch, put the following question to the Architects in writing, in order that they might report thereon. "Retaining your opinion that the monuments ought not to be put into either of the Churches, but in the event of the two Societies coming to the determination that they shall be returned to one of the Churches, in or about which would it be less objectionable to place them, and in what parts of such Church, would it be least objectionable'? You will be pleased in answering this question to give in detail your reason and if you are of opinion that any of them should be placed outside the Church, in what way you would propose to fix then-1and protect them from the weather. What would be the estimate for so placing them?" On the same day the Committee submitted the following question to the Architects, on the subject of the completion of the painting in the two Churches. "The Committee referring to the subject of painting the Round Church as proposed by Mr. Willernent, and to your conference with him thereon, it appears to the Committee that although in your Report and estimate you have included the cost of Mr. Willement's plan, yet that your Report does not otherwise express your opinion on the propriety of such plan. The Committee therefore request you will be so good as expressly to report to them your opinion on this subject." Upon these several subjects, the Committee beg to submit the following Report of the Architects, of 16thMarch 1842, which besides a Report in regard to the placing the monuments, contains a full account of what part of the projected works have been executed, and of those which are intended for the completion of the design." Report from Messrs. Sydney Smirke and Decimus Burton, addressed to Mr. E.H. Martin, and dated 16thMarch 1842, read, as follows: "As desired by the Church Committee in your letter of 10thand 12t11instant, we beg leave to submit the following Report first upon the subject of the progress of the works. Square Church The whole of the exterior with a few and unimportant exceptions is complete.


1842

EASTER TERM (Cont'd.) The interior is also completed and ready to receive the wood fittings with the exception of the altar, the paving, the decorative painting and a few other less important details. The warming apparatus is finished and has been occasionally put in action. The new lead lights included in our estimate for the plain glazed windows on the north side in lieu of the old ones which were not only decayed but would not fit the openings in the new stone work are now being prepared. These will correspond with the lead lights in the stained glass window on the south side, and therefore should stained glass be desired at any future time to be put into these windows, such substitution will be practicable without sacrificing the sashes. The Committee are aware that the sashes on the south side were removed in 1827, and therefore we have not thought ourselves at liberty to make any alteration in them although we think it would be very desirable that these should be removed and others substituted to correspond with the stained glass window and with those on the north side. The paving tiles, the order for which was necessarily delayed by the uncertainty that existed in regard to the plan for the sittings, have been ordered and the delivery of the first portion may be daily expected. The ornamental stonework at the altar is far advanced, and the setting of the same will be commenced next week. Round Church All the six great pillars are now restored. The completion of this work now enables us to erect the scaffold requisite for the reparation of the masonry of the upper part, for the removal of the roof and for the fixing up of the new roof and ceiling. These latter works are framed and ready to be fixed. The stone groined ceiling over the aisles was found, on proceeding to repair it, in a much more insecure state than we anticipated, the whole however will we hope be completed this week. The ribs, which in most cases had sunk from their proper positions, leaving the chalk spandrels in a dangerous state, have been reinstated, and together with the spandrels, made strong and secure. The external casing of the north side of the upper part is now in progress, to correspond with the south side. We are now arranging for the erection of a belfry on the top of the stair turret. We are proceeding with the reparation of the figures of the Knights Templars, being well aware of the great caution necessary in

357


1842 EASTER TERM (Cont'd.) carrying into effect this work we will not fail to watch it very closely during its progress. With respect to the opinion which the Committee desire us to give as to the probable total amount to be borne exclusively by the Middle Temple in the restoration and repairs of the Church, we regret that at this time we are unable to state that amount more exactly than we have already done in our two previous Reports on this subject. Nor shall we be able until the works shall be completed, when they can be measured and valued. We assume that these works so to be measured and valued, are as follows, viz.: so much of the external masonry of the north east angle of the building and so much of the roof as correspond with the work done by the Inner Temple in the year 1827 the exterior of the north side of the Church exclusive of the organ chamber, belfry and stair turret the exterior casing of the north side of the upper part of the Round Church the substitution of lead for tiles and the reparation of the timbers on the north side of the roof over the aisle the restoration of the defective portion of the ornamental stonework under the windows in the north aisle The subject of the additional painting in the Square Church and of decorating the walls and roof of the Round Church has been under our consideration and we have thought it expedient to confer again thereon with Mr. Willement. With regard to the former, we consider that the decoration (executed prior to our services having been called for) on the ceiling demands a certain degree of similar embellishment on the walls, but by no means to an equal extent. We recommend that these should be painting in the same character over and in the mouldings of the windows and of the arched opening at the west end. In the Round Church as it will be viewed at the same time with the Square Church we think that some similar decoration is desirable but vet more limited in extent and simpler in design and that it may with propriety be confined to the main roof and arched aisles, and to the moulding of the arched openings. we beg leave to state that after mature consideration our opinions are quite unshaken as to the impropriety of introducimi the monuments into the Femple Church.

l'pon the subject of the monuments

15S


1842 EASTER TERM (Cont'd.) Should it be resolved however, to put them in or about the Church we think: that all the lightest of them may be deposited in the triforium that a few of the most prized may by placed behind the Benchers ladies' seats that others might be affixed on the walls inside the vestry The only mode of disposing of the remainder that we can propose, assuming that our former suggestions should not be acceded to, is that they should be attached to the exterior face of the Church and organ chamber in the churchyard. Should there still be space wanting, we see no impropriety in attaching monuments to the walls of the churchyard. As the least destructible might be selected for this external situation, we do not think it would be necessary to roof them over. Should this disposition of the monuments be adopted, we presume that it would be desirable to have correct copies of the inscriptions cut in brasses to be affixed upon some part of the edifice, and the best situation for these brasses is probably that which has been already suggested viz., the arcade in the Round Church, where they could be far more conveniently referred to than on the monuments themselves." Ordered that the Report, together with a statement of the finances of the Society calculated to the 30th June next, be taken into consideration on Friday next, and in the mean time they do lie on the Table and special notice thereof be sent to the Masters of the Bench. BENCH TABLE Apr. 19

Present The Treasurer, Mr. Law, Mr Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. R.V. Richards, Mr. Armstrong, Mr. Whateley, Mr. Wortley, Mr. Wyatt and Mr. Hardy. James Russell, Esq., having produced Her Majesty's Letters Patent as being constituted one of Her Majesty's Counsel, and having been proposed for the Bench, but not being seconded: ordered that the matter be adjourned until the same shall be moved again. The Sub-Treasurer having reported that the authorities of the City of London had made a demand upon the occupiers of chambers within the Temple for a Ward rate of one penny in the pound upon the police assessment. It is ordered that it be referred to Mr. Platt, Mr. Starkie 359


1842 EASTER TERM (Cont'd.) and Mr. Armstrong to report their opinion of the liability of the Society and in case they should bc of opinion the Society is within the terms of the Act, to advise thc Society as to the course to be pursued to relieve them from such liability. The attention of the Bench this day being called to a Bill now in Parliament, the second reading of which is fixed for tomorrow, entitled, "A Bill to Amend the Laws Regulating thc Admission of Banisters in Ireland". The Bill if passed into law, will materially affect the control now exercised by the Benchers of the four Inns of Court, over individuals practising as Special Pleaders, Equity Draftsmen and Conveyancers. Ordered that a letter be written to the Attorney and Solicitor General and to those gentlemen members of this Society who are members of the national Parliament, calling their attention to the Bill, and earnestly requesting them to protect the interests of the profession in opposing the second reading thereof. PARLIAMENT Apr. 22

Present The Treasurer, the Attorney General (Sir Frederick Pollock), Sir Charles Wetherell, Mr. Thesiger, Mr. Erle, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Armstrong, Mr. R.V. Richards, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Hardy and Sir John Beckett. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last vacation. Philip Warner Courtenay Esq., of No. 4 Harecourt Buildings, a member of this Society and executor named in the last will and testament of Philip Courtenay, Esq., late one of the Masters of the Bench, deceased, has nominated and appointed Mr. William Walsh, a member of this Society, aged twenty five years on I April instant, to be admitted upon the assignment in and to all that chamber (late the said Philip Courtenay's) situate on the ground floor at No. 8 Fig Tree Court (hereafter known by the name and description of a chamber situate up the steps, in the first staircase by the Hall steps, in the passage leading into Fig Tree Court) and requests and desires that the said William Walsh may be thereunto admitted for his own life. Ordered that the said William Walsh be admitted in and to the said chamber for his own life, paying the sum of five pounds for the same, pursuant to former Acts of Parliament of this Society in such case made and provided.

360


1842

EASTER TERM (Cont'd.) BENCH TABLE Apr. 22

Present The Treasurer, the Attorney General (Sir Frederick Pollock), Sir Charles Wetherell, Mr. Thesiger, Mr. Erle, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Armstrong, Mr. R.V. Richards, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Hardy and Sir John Beckett. The thanks of the Society to be conveyed by the Sub-Treasurer to Mr. Alexander Pulling for his present to the Library of a copy of his work, entitled, "A Practical Treatise on the Laws, Customs and Regulations of the City and Port of London". Mr. William Bolland, a student of Middle Temple, to be admitted to this Society on his certificate from Middle Temple. Having considered the Report of thc Church Committee read at the Bench Table on Friday last, together with the motion of Sir Charles Wetherell, "that the monuments, monumental tablets and inscriptions be restored to the Temple Church- : resolved that the monuments and tablets as far as practicable be restored to the Church and that a detailed plan and tabular sketch be prepared and submitted to the Bench exhibiting the exact position in which it is proposed that each tablet and monument should be so restored and placed. A copy of this Resolution to be communicated to the Masters of the Bench of the Middle Temple with a request that they will concur therein. Ordered that the statement of the Finances of the Society calculated to the 30'h June next, with reference to the expenses of the Temple Church, be referred to the Committee of Finance appointed on 17'1 February 1841. PARLIAMENT

Apr. 29

Present The Treasurer, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Armstrong, Mr. Whateley and Mr. Wortley. Messrs. John Smale, James Hepburn, William Walsh, Frederick Nathaniel Micklethwait, Tomkyns Dew, John Jope Rogers, William Fox, William Ritchie and Arthur Mills, called to the Bar. BENCH 'FABLE

Apr. 29

Present The Treasurer, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Armstrong, Mr. Whateley and Mr. Wortley.

361


1842 EASTER TERM (Cont'd.) The thanks of the Society to be conveyed by the Treasurer, in his place at the Bench Table, to John Wyatt, Esq., one of the Masters of the Bench, for his present to the Library of a manuscript of Lord Chancellor Nottingham. Ordered that Mr. Whateley and Mr. Wortley he addcd to the Committee appointed to consider the liability of the Society to a Ward rate. BENCH TABLE May 3

Present The Treasurer, Mr. Holt, Mr. Erle, Mr. Preston, Mr. Burge, Mr. Spence, Mr. R.V. Richards, Mr. G. Richards, Mr. Armstrong, Mr. Wyatt and Mr. Hardy. Grand Day next term to be Monday, 6th June, and the Judges, formerly members of this Society, to be invited to dine with the Masters of the Bench. Ordered that £28 per annum to Henry Gardner, £18 per annum to John C. Gardner and £22 per annum to Aurelia Gardner, three of the children of the late Sub-Treasurer, be continued for another year subject to the direction of the Treasurer with respect to Henry Gardner who may be in a situation not to require his allowance for the whole period. PARLIAMENT

May 6

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. R.V. Richards, Mr. G. Richards, Mr. Armstrong, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt and Mr. Hardy. Mr. William Procter Bolland to be called to the Bar. Richard Preston, Esq., to be disadmitted of and from his Bench chamber situate area north No. 11 King's Bench Walk, and be admitted in and to the Bench chamber (late of Cresswell Cresswell, Esq.,) situate one pair of stairs east No. 7 Fig Tree Court, for a fine of 40 shillings. Robert Baynes Armstrong, Esq. to be admitted in and to the Bench chamber (late of Richard Preston, Esq.) being situate arca north No.11 King's Bench Walk, for a fine of 40 shillings. Mr. Edward Berry Phillips, a student, having paid all dues, to have his name withdrawn and his deposit returned.

362


1842

EASTER TERM (Cont'd.) Report from the Library Committee, dated 6 May 1842, and upon the subject of preparing an Alphabetical Catalogue of the Library, read, as follows: "Referring to BTO to report on the expediency Alphabetical Catalogue of and Parliament Chambers, the use of the Society.

15th April last, the Library Committee and expense of having prepared an all the books and manuscripts in the Library with a view to the same being printed for

They have fully considered this subject and are of opinion it would be very desirable that an Alphabetical Catalogue should be prepared and printed, especially as since the period in which the present catalogue was printed (1833), the Library has very materially increased. At the same time, the Committee recommend that the present Classified Catalogue should not be discontinued but constantly kept entered up by the Librarian as heretofor. The Committee have ascertained that the probable cost of preparing for the press and printing 500 copies of an Alphabetical Catalogue of the Library will be as follows: ÂŁ20

Os.

Printing 500 copies at per sheet of 16 pages demy 8vo. paper etc. E5 5s. each sheet 22 sheets

E113

6s.

Binding 500 copies in cloth Lettered etc. E3 7s. per 100 copies

ÂŁ16

15s.

E150

Is.

Preparing for the press

Total tbr 500 copies

The Committee have recommended 500 copies to be printed, understanding that the principal cost is in preparing thr the press and setting the type etc. and that the number of copies is only the additional cost of the paper and binding, and also with a view to their being sold, which the Committee have every reason to believe would meet with a ready sale at 5s. a copy, the produce of which they anticipate would in a great measure reimburse the Society thr the outlay." signedl

J.E. Dowdeswell G. Rose Thomas Starkie John Wyatt Francis L. Holt

363


1842 EASTER TERM (Cont'd.) Ordered that the Report be confirmed. Mr. Rogers giving notice of motion for Tuesday next, "that the Library Committee be instructed to give Mr. Rowlatt the option of framing the New Catalogue of the Library under the control of the Committee at the cost limited in their Report". Report, dated 6' May 1842, of the Committee appointed to consider the liability of the Society to the demand made by the authorities of the City of London for a Ward rate, as follows: "The Committee reporting on the payment of the Ward rate for the City of London, imposed under the 2 and 3 Vic. c. 94 and in case they should be of opinion, the Society is within the terms of the Act. They are to advise the Society as to the course to be pursued to relieve them from such liability. They report that after an attentive consideration of the above statute, although they are of opinion that its operation on the Society is unjust in causing their funds to contribute to expenses peculiar to one of the City Wards, they entertain so much doubt as to any favourable result from resistance to the rate. They think a direct application to Parliament to alter the present Act in favour of the Society would be the most advisable course of proceeding." [signed]

Thomas J. Platt Thomas Starkie Robert B. Armstrong W. Whateley James S. Wortley

Resolved that it is expedient to resist the payment by the Society of a Ward rate. BENCH TABLE May 10

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Armstrong and Mr. Wyatt. Mr. Rogers, having withdrawn his motion, "that the Library Committee be instructed to give to Mr. Rowlatt, the option of framing the New Catalogue of the Library under the control of the Committee at the cost limited in their Report": ordered that the Treasurer be requested to make any communications to Mr. Rowlatt upon the subject that he may think proper.

364


1842 TRINITY TERM

BENCH TABLE May 24

Present The Treasurer, the Attorney General (Sir Frederick Pollock), Sir Charles Wetherell, Mr Law, Mr. Thesiger, Mr. Starkie, Mr. Chilton, Mr. Armstrong, Mr. Wortley and Mr. Wyatt. Orders of the last term were read. Sir Thomas Phillips, a student of Gray's Inn, to be admitted to the Society on his certificate from Gray's Inn. Mr. Oliver William Farrer, a student of Lincoln's Inn, to be admitted to the Society on his certificate from Lincoln's Inn. The thanks of the Society to be conveyed by the Sub-Treasurer to the Trustees of Dr. William's Library for the present of a copy, in two volumes, of "The Catalogue of the Library in Red Cross Street, Cripplegate", founded pursuant to the will of the Revd. Daniel Williams, D.D. BENCH TABLE

May 27

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. R. V. Richards, Mr. Armstrong, Mr. Baines and Mr. Hardy. The thanks of the Society to be conveyed by the Sub-Treasurer to Simon Greenleaf, Esq., for his present to the Library of "The Catalogue of the Law Library of Harvard University". Ordered that Mr. Burge, Mr. Spence and Mr. Wyatt be requested to view the chambers, late the Alienation Office, and report the annual value thereof. The Sub-Treasurer reporting that there is now an opportunity of purchasing the house No. 1 Rain Alley, and exchanging the same for that portion of the Mitre Tavern projecting west, beyond the line of New Buildings on the east side of Mitre Court, by which arrangement the Society will be enabled to clear the whole of Mitre Court to thc back of the house No. 44 Fleet Street, of a sufficient width to form a carriage way into the Temple from Fleet Street, except the said house No. 44. Ordered that the subject be referred to the Chamber Committee to which Mr. Spence is added thr this purpose, and that they be requested to report to the Bench.

365


1842 TRINITY TERM (Cont'd.) BENCH TABLE May 31

Present The Treasurer, Sir Charles Wetherell, Mr. Erle, Mr. Burge, Mr. Rogers, Mr. Chilton, Mr. Armstrong, Mr. Whateley, Mr. Wyatt and Sir John Beckett. Mr. Sholto James Douglas and Mr. Robert Remmett, students, having kept 12 terms, to have permission to practise as Special Pleaders for one year. Mr.Spence and Mr. Wyatt reporting that they have viewed the chambers, late the Alienation Office, and consider the annual value to be as follows: Ground floor east Ground floor west One pair east and west Two pair east and west Attic east Attic west

£30 £42 £84 £70 £10 £6

Ordered that they be let at the sums reported. Ordered upon the Report of the Finance Committee that the Treasurer be requested to apply to the Banker to allow the first instalment of the £15,000, borrowed of them due on 30th June next, to be postponed to 31't December next. PARLIAMENT Jun. 3

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr. Erle, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. R.V. Richards, Mr. Armstrong, Mr. Whateley, Mr. Wyatt and Mr. Hardy. Dissolved. BENCH TABLE

Jun. 3

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr. Erie, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. R.V. Richards, Mr. Evans, Mr. Armstrong, Mr. Whateley, Mr. Wyatt and Mr. Hardy. [no record of any business given in BTO Book]

366


1842 TRINITY TERM (Cont'd.) BENCH TABLE Jun. 7

Present The Treasurer, the Attorney General (Sir Frederick Pollock), Sir Charles Wetherell, Mr. Erie, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Evans, Mr. R.V. Richards, Mr. Baines and Mr. Wyatt. Mr. Constantine Frere, a student, having paid all his dues, to have his name withdrawn and his deposit returned. Ordered that Edward Smirke, Esq. be permitted to rent the two ground floor sets of chambers at No. 3 (north) King's Bench Walk. PARLIAMENT

Jun. 10

Present The Treasurer, Sir George Rose, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Rogers, Mr. Chilton, Mr. G. Richards, Mr. Armstrong, Mr. Whateley, Mr. Baines, Mr. Wyatt and Sir John Beckett. Messrs. Thomas Bannister, Richard Bellis, Charles Greenstreet Addison, Edmund Ballen, Daniel Eccles Newcombe, William Currer, Edmund Oldlield and Sir Thomas Phillips, called to the Bar. Frederick Thesiger, Esq., to continue as Reader of this Society for the ncxt Trinity vacation. BENCH TABLE

Jun. 10

Present The Treasurer, Sir George Rose, Mr Holt, Mr. Spence, Mr. Burge, Mr. Rogers, Mr. Chilton, Mr. G. Richards, Mr. Armstrong, Mr. Whateley, Mr. Baines, Mr. Wyatt and Sir John Beckett. Ordered upon thc motion of Mr. Rogers "that the sum of twenty three pounds and two shillings be granted to the Revd. Mr. Rowlatt as a gratuity on the part of the Bench, in consideration of Mr. Rowlatt having lost the chances of the nomination of individual Benchers (whose undoubted patronage it is to appoint) to preach the afternoon Sunday sermons, owing to the Church being under repair. Also, that a gratuity of eight pounds be granted to the poor persons usually receiving the sacrament money. Ordered that the Treasurer and Sir George Rose be added to the surviving trustees of the Fire Insurance Fund. Ordered that the Revd. Mr. Wood, Curate of St. Brides, be permitted to have access to the Library of this Society for six months during the usual hours.

367


1842 TRINITY TERM (Cont'd.) BENCH TABLE Jun. 14

Present The Treasurer, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Armstrong, Mr. Wyatt and Mr. Hardy. Resolved that Launcelot Baugh Allen, Esq., is unanimously chosen Bar Auditor in the room of Richard Vaughan Barnewall, Esq., deceased.

Report from the Architects, Messrs. Decimus Burton and Sydney Smirke, dated 8 June 1842, upon the subject of the monuments pursuant to the BTO 22ndApril last, read: "As desired by the Church Committee, we have (retaining our opinion that no monuments should be again placed within the Church) carefully considered in what situation they might be so deposited in the event of the two Societies coming to the determination that they shall be returned there and we beg leave to submit herewith drawings showing where each may be put up, with the exception of two, viz. No. 73 and No. 85, on the accompanying list. The former perhaps might be so far reduced in size as to be admissible, the latter is the great monument of John Fliccocks formerly in the Round Church. Upon reference to the drawings, it will be seen that the situations we propose to appropriate for the monuments are as follows, viz.: the the the the

anti-chamber near the staircase vestry wall behind the Benchers ladies'seats porch

The drawing No. 2, shows the alteration we find it necessary to make in a part of the roof of the triforium which abuts on the west wall of the Square Church. The roof when thus raised will scarcely be visible from Lamb Buildings Court and from no other public place. In the arrangement of the monuments we have had reference to the instructions given to us by the Committee regarding those to which special attention was to be paid. We beg it may be considered that the particular positions we have assigned to the rest of the monuments have been chiefly determined by their sizes and therefore may be subject to variations. As regards the probable cost of repairing and fixing up the monuments, we must premise that an accurate estimate is impossible, but that after giving the matter our best consideration we are of opinion 368


1842 TRINITY TERM (Cont'd.) that including the expense of altering the triforium roof, flooring the triforium with asphalt, forming 12 lights in the roof of the triforium and all other necessary works, the probable total amount will be 000." Ordered that the Report be taken into consideration on Friday, 24th instant, and that the Masters of the Bench have special notice thereof. Jane Bedwin, widow of Jacob Bedwin, late a watchman of this Society, having by petition prayed for relief: ordered that she be allowed five shillings a week during the pleasure of the Bench. Business adjourned to Friday, 24111 June instant. BENCH TABLE Jun. 24

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Evans, Mr. Armstrong, Mr. Wortley and Mr. Wyatt. Oliver Arthur Heywood, Esq., a barrister, having paid all his dues, to have his name withdrawn and his bond delivered up. Mr. Robert Mynors, a student of Lincoln's Inn, to be admitted to the Society on his certificate from Lincoln's Inn. The Report from the Architects, dated 8th instant, upon the subject of the disposition of the monuments together with the plans accompanying the same, exhibiting the exact position in which it is proposed that each tablet and monument should be restored and placed, considered: resolved on the part of this Society that the Report be confirmed without prejudice to the Church Committee, making such alterations in the locality of the monuments as they may think right. Ordered that on the motion of Mr. Whateley, "that the windows on the south [sic] side of the Church be made to correspond with the windows on the south side". Ordered that a donation of fifty guineas be granted out of the funds of this Society in aid of the funds of "The United Law Clerks Society".

"Examined with the Minutes: John Wyatt, Nov. 4th 1842"

Should

read north

side, see 131'0 15'h April.

369


1842

MICHAELMAS TERM

BENCH TABLE Nov. 4

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Whateley, Mr. Wortley, Mr. Wyatt, Mr. Hardy and Sir John Beckett. Orders of last term were read. Messrs. William Ridley and Edward Eastwood, students, having paid all dues, to have their names withdrawn, their deposits returned and their bonds delivered up. Messrs. Thomas K. Kingdon, John Thompson and John Hibberd Brewer, students, to have permission to practise as Special Pleaders extended for one year. Mr. Charles Edwards, a student, called to the Bar by Middle Temple, to be admitted to this Society on his certificate from Middle Temple. Grand Day this term to be Wednesday, 16thinstant. Ordered that George Spence Esq., be added to the Library Committee. Ralph Durrant, Head Gardener, having petitioning that he has been in the service of the Society upwards of 24 years, and that in consequence of his age and great bodily infirmities he is no longer capable of discharging his duties as Gardener. He therefore requests that he may be allowed to resign his situation and that the Bench will grant him a small allowance for his support. Ordered that his resignation be accepted and that the further consideration of his petition be adjourned to Friday, 18thinstant. Ordered that the Treasurer be requested to appoint a Head Gardener, in the room of Ralph Durrant resigned, and that the person to be appointed by the Treasurer to have notice that neither himself or his family will have any claim upon the Society on his death or resignation. Report received from the Church Committee, dated 4th November, 1842: "The Church Committee beg to report to their respective Benchers that up to 24111Junelast, the Masters of the Bench of the two Societies have been from time to time put into possession of all

370


1842 MICHAELMAS TERM (Cont'd.) the circumstances connected with the repair and restoration of the Temple Church. Since that period the Committee have continued to hold their usual meetings; the last circumstance which came before the Bench was as to the disposition of the monuments and tablets. Upon this subject, the Bench were pleased to confirm the Architects' recommendation of disposing of them in the following places, viz.: the circular triforium including a portion of the west wall of the Square Church the stairs leading thereto the ante-chamber near the staircase the vestry the wall behind the Benchers ladies'seats and the porch At the same time the Masters of the Bench left it to the discretion of the Committee to make such alterations in the locality of the monuments as they should think right. In consequence of this Order, the Committee gave the subject their most attentive consideration, and in the first place such monuments for the most prominent situations as from the celebrity of the individuals recorded, they thought should be so placed. The rest of the monuments and tablets, with the exception of two, the Committee are happy to say, have by a due and careful arrangement been disposed of in the vestry, the triforium and at the back of the Benchers ladies' seats in the Square Church. The two, before mentioned, being very large monuments, the Committee found it necessary to place in the churchyard. Thus the whole of the monuments and tablets have been disposed of without incumbering the porch, the turret staircase, which is exceedingly narrow, or the ante-room, which may be considered outside the Church. While upon this subject, the Committee beg to draw the attention of the respective Benches to the fact of the Architects having reported to them, that any additional number of monuments placed against the wall of the triforium now appropriated for their reception, would be very injurious to the stability of the building. The Committee therefore beg to recommend to the respective Benches that an Order should be passed prohibiting hereafter the erection of any monument or tablet in any part of the Church except the triforium, and then only in such form and in such place as shall be approved by the Benchers of the two Societies, or a Joint Committee thereof, on a previous Report of the Architects of the two Societies.

371


1842 MICHAELMAS TERM (Cont'd.) The Committee also recommend that for the future, no burials in either of the vaults be permitted of any Master of the respective Benches, hereafter called to the Bench, unless either of his parents shall have been buried in the vault. On 28th July, the Committee received the following Report from the Architects, Messrs. Sydney Smirke and Decimus Burton, dated 28th July 1842, upon the subject of the restoration of the porch, viz.: "We beg to report to the Committee that on a close examination of the porch, by the removal of some of the stones of the piers, we found clear indications of the form of the original piers which rendered it very evident that the present plain splayed masonry is only a modern casing and that the original work consisted of a cluster of detached pillars standing within square rebates similar to those next the doorway on thc east side of the porch. It is also evident from the plinths of the old pillars which we find still in situ that the original pavement was considerably below the present level. There is no doubt therefore that in order to restore this porch faithfully to its ancient state, it will be necessary to make considerable changes to lower the pavement to about the level of the Church floor, to remove all the present splayed jambs and to substitute pillars etc. as described above. We should however state, that these works are of a far more expensive nature than those contemplated when our estimate was made and would occasion an additional expense of about ÂŁ300 which we request the authority of the Committee to incur.The Masters of the Bench having resolved that the ancient doorway and porch should be restored to its original state, the Committee felt no hesitation in sanctioning this additional expenditure. After this work had been proceeded with, on 23rd August, the Committee received the following Report, dated 23rd from the Architects, upon the same subject: "We have to request you will state to the Church Committee that on proceeding further with the restoration of the porch, we find with regret that the defective state of the carved work was but imperfectly known to us on removing the plaster and colouring that filled up the enriched archivolts, which are surprisingly perforated and sunk. We find that these carved stones are so perished as to be for the most part incapable of receiving reparations and that they ought to be entirely new. We find also, that on closer examination of the six shafts 372


1842 MICHAELMAS

TERM (Cont'd.)

in the door jambs (originally of polished Purbeck marble, stone has since been substituted in some cases, whilst in others new Purbeck marble shafts have been supplied, having a Roman entatis9 [sic] altogether unsuited to the style of the original work. We are most anxious to restore but we are unwillingly obliged to state cannot be done without obtaining their expenditure by about £100 beyond the of 28th ultimo."

this porch in a perfect manner to the Committee that this permission to extend the sum stated in our Report

The Committee took upon themselves to sanction these two items of additional expenditure, it being impossible to refer the matter to the Bench at that time. These two items are the only additions to be made to the architect's estimate, which the Masters of the Bench will remember amounts to £48,245 to which must be added the estimate of refixing the monuments sanctioned by the Bench

£700

the estimate for the new windows on the south side of the Church ordered by the Bench

£300

and the before mentioned additional expense of the restoration of the porch

£400 £49,645

of this sum there has been paid to the present time by the two Societies leaving the sum of

£41,480 £8,165

to complete the restoration

The Committee looking at the present state of the Church now so nearly finished, and to the probable amount of outstanding accounts, have no reason to suppose that these estimates will be exceeded. Upon the subject of the disposition of the sittings, the Committee recommend that the following arrangements should be made by the respective Societies, it being understood that the

9

Films's, more usually associated with a Greek origin.

373


1M2 MICHAELMAS TERM (Cont'd.) accommodation in the Church should be divided between the two Societies as heretofore: the Members of the Inner Temple occupying the southern half of the Church and the Members of the Middle Temple the northern. That the first range of stalls north and south at the east end of the Square Church be appropriated exclusively to the wives and unmarried daughters of the Masters of the Bench of the respective Societies, and to such ladies as are domiciled in and form part of the family of any Bencher. That the stalls next to the last mentioned north and south be appropriated exclusively to the Masters of the Bench of the respective Societies. The Master of the Temple be pleased to make choice of such Benchers' stall for his own use on either side of the Church as he may prefer. That the wife and unmarried daughters of the Master and such ladies as are domiciled in and form part of his family be accommodated with stalls in the Benchers ladies' scats, and his sons being domiciled with and forming part of the family of the Master and not being members of any other Inn of Court, be accommodated with seats appropriated to the Students on either side of the Church. That the centre stalls and the stalls next to the centre west, north and south, be appropriated exclusively to the Barristers of the respective Societies. That the stalls next, being the west stalls in the Square Church north and south, be appropriated exclusively to the wives and unmarried daughters of Barristers of the respective Societies, and to such ladies as are domiciled in and form part of the family of any Barrister. That the centre stalls except the first row west next the altar be appropriated exclusively to the Students of the respective Societies. That the first row west of the centre stalls be appropriated to visitors. That the sons of Benchers and Banisters being domiciled with and forming part of the family of such Bencher or Barrister and not being a member of any other Inn of Court be permitted to sit in the seats appropriated to the Students.


1842

MICHAELMAS

TERM (Cont'd.)

That the Reader do occupy the east front stall of the Banisters' sittings on the south side of the Church. That the wife and unmarried daughters of the Reader and such ladies as are domiciled in and form part of the family of the Reader, be permitted to sit in the stalls appropriated exclusively to the wives and unmarried daughters of Banisters on either side of the Church. That the unmarried sons of the Reader domiciled in and forming part of his family and not being a member of any other Inn of Court, be permitted to set in the seats appropriated to Students on either side of the Church. That the Sub-Treasurer of the Middle Temple and his family be accommodated with moveable sittings in the north west corner of the Square Church by the west side of the stalls appropriated to the wives and unmarried daughters of Banisters of the Middle Temple. That the Sub-Treasurer of the Inner Temple and his family be accommodated with moveable sittings in the south west corner of the Square Church by the west side of the stalls appropriated to the wives and unmarried daughters of Banisters of the Inner Temple. That accommodation be provided for the officers and servants of the two Societies in the Round Church. That on the day of the opening, no person whatever be admitted excepting members of the two Societies and such persons as have an Order from the Treasurer of the Societies. That all Orders thr admission, as well to the visitors seat in the Square Church and seats to be provided in the Round Church, be given by the Treasurers of the two Societies only upon the application of the Benchers, Barristers and Students of the two Societies. It will be evident to the Masters of the Bench that in order to keep the Church at all times in a fit and proper state for the performance of divine service, in addition to the Sexton whose duty it is to dust and clean the seats, floor and the carved work of the stalls, the pulpit etc. and keep all the books clean and free from dust, and perform his other duties as Sexton, some persons should be appointed to attend to the marble columns, the hot water apparatus and the tile pavement. For these purposes, the Committee recommend that a man named Roberts, who has been very useful in the Church during the repair, should be appointed to dry, rub and keep clean all the marble columns, caps and bases throughout the Square and Round Church, also the marble string course, and to dust and keep clean the window ledges and the cornices above the columns and the ceiling of the 375


1842 MICHAELMAS TERM (Cont'd.) Church and also the triforium. And that a man of the name of Quint, who has been injured during the repair, and who has a large family, should be appointed to attend to and light the fires of the hot water apparatus and to sweep and clean the tile pavement and the triforium, and keep bright and in proper order the brass grating over the hot water pipes, also all the brass and iron work in the Church. And that he should likewise be the organ blower, which latter work cannot now be done by a female, as heretofore, in consequence of the greater power required from the recent improvements of the organ. And that the wages of these two persons should be fixed by the Treasurers of the two Societies. The Committee have to bring under the consideration of the two Societies for their decision the subject of the future mode in which the singing in the Church should be performed, and on which they will make a Report on Tuesday, 15th instant."

Ordered that a copy of the Report be sent to each of the Masters of the Bench and that it be taken into consideration on Friday next, 11th instant. Ordered upon the motion of Mr. Whateley, that Mr. Edward D. Estcourt be permitted to have access to the Library of this Society for six months during the usual hours. Mr. Rogers giving notice of motion for Friday, 18thinstant, "that the sum of twenty one pounds be granted to the Revd. Mr. Rowlatt, as a gratuity on the part of the Bench, in consequence of Mr. Rowlatt having lost the chances of the nomination by individual Benchers (whose undoubted patronage it is to appoint) to preach the afternoon Sunday sermons, owing to the Church being under repair; and also that a gratuity of eight pounds to Christmas next, be granted to the poor persons usually receiving the sacrament money". BENCH TABLE Nov. 8

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Baines, Mr. Whateley, Mr. Wyatt and Dr. Lushington. Mr. Frederick Brandt, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year.

376


1842

MICHAELMAS

TERM (Cont'd.)

Mr. Charles Winston,10 a student, to have permission to practise as a Special Pleader extended for one year. Philip Warner Courtenay, Esq., executor of the late Philip Courtenay, Esq., having again offered for sale to the Society four sets of chambers in Harcourt Buildings: ordered that Mr. Courtenay be informed that the Bench see no reason to depart from their Resolution of 1 February last. PARLIAMENT Nov. 11

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Armstrong, Mr. R.V. Richards, Mr. Baines, Mr. Whateley, Mr. Wyatt, Mr. Hardy, Dr. Lushington and Mr. Hallam. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last Easter and Trinity vacations. BENCH TABLE

Nov. 11

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. R.V. Richards, Mr. Armstrong, Mr. Baines, Mr. Whateley, Mr. Wyatt, Mr. Hardy, Mr. Hallam and Dr. Lushington. Mr. Frederick Maude, a student, to have permission to practise as a Special Pleader for one year. Ordered that through the indisposition of Griffith Richards, Esq., one of the Masters of the Bench, he be allowed the present term as kept, without attending at the Bench Table. The thanks of the Society to be conveyed by the Sub-Treasurer to E. Cohen, Esq., for his present to the Library of a copy of "The Catalogue of the Royal Dublin Society".

The Report of the Church Committee, read at the Bench Table on 4th instant, considered. Ordered that the two first propositions in the Report, viz.:

I

') Name changed from Charles Sandford, as admitted

377

19th April

1834, ADM/4/1

I.


1842 MICHAELMAS TERM (Cont'd.) "That an Order should be passed prohibiting hereafter the erection of any monument or tablet in any part of the Church except the triforium, and then only in such form, and in such place as shall bc approved by the Benchers of the two Societies, or a Joint Committee thereof on a previous Report of the Architects of the two Societies", and "that for the future no burials in either of the vaults be permitted of any Master of the respective Benches hereafter called to the Bench, unless either of his parents shall be buried in the vault", be negatived. Ordered until further Order: that the first range of stalls on the south side at the east end of the Square Church be appropriated exclusively to the wife of a Master of the Bench and any lady domiciled in and usually forming part of his family, or one un-married daughter, not exceeding in the whole two ladies to each Bencher. That the stalls next to the last mentioned, on the south side of the Church, be appropriated exclusively to the Masters of the Bench of this Society. That the Master of the Temple be pleased to make choice of such Benchers' stall for his own use on either side of the Church as he may prefer. That the Master of the Temple may introduce two ladies to be accommodated in the Benchers ladies' seats on that side of the Church where he shall himself sit, and his sons being domiciled in and forming part of his family and not being members of any other Inn of Court be accommodated with seats appropriated to the Students on either side of the Church. That the centre stalls and the stalls next to the centre west, on the south side of the Church, be appropriated exclusively to the Barristers of this Society. That the stalls next, being the west stalls in the Square Church, south side, be appropriated exclusively to the wife of a Barrister of this Society and any lady domiciled in and usually forming part of his family, or one unmarried daughter, not exceeding in the whole two ladies to each Barrister. That the centre stalls on the south side of the Church, except the first row west next the altar, be appropriated exclusively to the Students of this Society. That the first row west on the south side of the centre stalls be appropriated to visitors.


1842

MICHAELMAS

TERM (Cont'd.)

That the sons of Benchers and Barristers being domiciled with and forming part of the family of such Bencher or Barrister and not being a member of any other Inn of Court be permitted to sit in the seats appropriated to the Students. That the Reader do occupy the east front stall of the Banisters' sittings on the south side of the Church. That the wife and two unmarried daughters of the Reader, be permitted to sit in the stalls appropriated exclusively to the ladies of Banisters on either side of the Church. That the unmarried sons of the Reader domiciled in and forming part of his family and not being a member of any other Inn of Court, be permitted to set in the seats appropriated to Students on either side of the Church. That the Sub-Treasurer of the Inner Temple and his family be accommodated with moveable sittings in the south west corner of the Square Church by the west side of the stalls appropriated to Banisters' ladies. That accommodation be provided for the officers and servants of this Society in the Round Church. Ordered that on the day of the opening, no person whatever be admitted excepting members of the two Societies and such ladies as are privileged to be introduced by Benchers and Banisters, and such persons as have an Order from the Treasurer of one of the Societies. Ordered that all Orders for admission, as well to the visitors seat in the Square Church and seats to be provided in the Round Church, be given by the Treasurers of the two Societies only upon the application of the Benchers, Banisters and Students of the two Societies. Ordered that Joseph Roberts be appointed to dry, rub and keep clean all the marble columns, caps and bases throughout the Square and Round Church, also the marble string course, and to dust and keep clean the window ledges and the cornices above the columns, and the ceiling of the Church and also the triforium. Ordered that James Quint be appointed to attend to regulate and light the fires of the hot water apparatus, and to sweep and clean the tile pavement, and to keep bright and in proper order the brass grating

379


1842 MICHAELMAS TERM (Cont'd.) over the hot water pipes, also all the brass and iron work in the Church, and that he should also be the organ blower.11 Ordered that the wages of these two persons be fixed by the Treasurers of the two Societies.'''Letter from Thomas Willement to the Chairman of the Church Committee, dated August 3rd 1842, read, as tbllows: "I have been for some time preparing a compartment of stained glass which I would very respectfully solicit the permission of the Temple Church Committee to be allowed to place in the eastern clerestory window of the circular part of that edifice, hoping that if when erected, the Committee should think it worthy of its proposed situation that I may be honoured by their acceptance of it as a trifling token of the great interest that I have always felt in the restoration of that beautiful structure, and of deep acknowledgment of the many favours which I have had the honour to receive from the Committee.Ordered on the part of this Society that Mr. Willement's present be accepted and that the thanks of the Society be conveyed to him by the Sub-Treasurer. Application to have divine service performed at the Temple Church, morning and evening every day, signed by twenty five gentlemen of the Temple and addressed to the Treasurer, dated November 2'd 1842, read as follows: "We the undersigned, request that you will have the goodness to represent to the Benchers of the Inner Temple our earnest wish that divine service may be performed in the Temple Church in the morning and evening of every day. You are probably aware that until some time in the last century divine service had been performed at the Temple daily from a very early period, and as the revival of this practice at Lincoln's Inn has been productive of very great benefit and has drawn together a congregation which has steadily increased, we are anxious that the members and inhabitants of the Temple should enjoy the like privilege and advantage." Ordered that the same be taken into consideration on Friday next, 18thinstant. Mr. Burge giving notice "that upon the Bench taking into consideration the application received from the Barristers, "to have divine service

Entered in the margin, "Wages ofJames Quint fixed by the two Treasurers at 28:- a week, 29 July 1844- and signed "E.11. Martin, Sub-Treasurer-. No wages noted for Joseph Roberts.

380


1842

MICHAELMAS

TERM (Cont'd.)

performed in the Temple Church in the morning and evening of every day" he will move that their request be complied with". Sir Charles Wetherell giving notice, "that it being proposed that a ReFort respecting music in the Church is to be brought on, on Tuesday 15" instant. It will be moved by him to adjourn this subject till Hilary term, on the ground that the Committee have had no reference made to them to make any such Report, and also, on the ground that the establishment of a choir in the Church deserves full and mature consideration before it is adopted". Sir Charles Wetherell also giving notice, "that in next term he will move that a Committee be appointed to inquire into the necessity and desirability of opening the Church and having service therein besides Sundays". Mr. Wyatt giving notice of motion for Tuesday next, "that the reopening of the Temple Church for the performance of divine service be postponed for the present". BENCH TABLE Nov. 15

Present The Treasurer, the Attorney General (Sir Frederick Pollock), Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Thesiger, Mr. Erie, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Platt, Mr. Armstrong, Mr. Whateley, Mr. Wyatt and Mr. Hardy. Messrs. John Carlen Heath and William C. Beasley, students, to have permission to practise as Special Pleaders for one year. Mr. Edward Machen, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Application received from John Horatio Lloyd, Esq. a Barrister of this Society, of 1 King's Bench Walk, addressed to the Treasurer and Masters of the Bench and dated 12'h November, 1842, read. At the suggestion from Her Majesty's Judges and an intimation that the Benchers are willing to hear and consider any application, the petitioner renews his petition submitted in April 1841, a copy of which is attached. He also lays before the Bench copies of the evidence on which he rests any claim to a re-consideration of the sentence pronounced on 2011November 1834. The originals are to be forwarded as soon as he is able to procure them from Lord Denman. He suggests his willingness to offer any further explanations or elucidations that may be required, either in person or to be represented by Counsel. He also encloses a statement of his case prepared for, and submitted to the 381


1842 MICHAELMAS TERM (Cont'd.) Judges, and an extract from a letter addressed by him on 1 November instant to Lord Denman. He requests an early consideration by the Benchers. "Among the medical testimony will be found the opinions of Sir Benjamin B. Brodie, Dr. Chambers, Dr. Sutherland and Dr. Copland". He hopes that "in a case purely medical, the authority of persons so distinguished will be admitted as giving great additional weight to the direct and positive evidence of those persons, medical and others, who deposed to my actual state before and at the period in question". Ordered that the Sub-Treasurer do acknowledge the receipt of Mr. Lloyd's letter and inform him that a further communication will be made to him on a future day.

Church Committee Report upon the subject of a choir, dated 9th November 1842, read: "The Church Committee made to the Benchers of the two Societies on 4th November instant, their Report on the several matters connected with the repair and restoration of the Church which were within the scope of the authority delegated to them. The subject of the present Report which relates to the manner of conducting the singing and chaunting [sic] parts of the service of the Temple Church, as it is not within the scope of that authority, is brought under the consideration of the Benchers of the two Societies by this separate communication. It will be seen from the following statement that they have taken every precaution that the Societies should not in any manner be bound, but be left perfectly free, to act as they please in providing for the manner in which, and the persons by whom, the singing and chaunting [sic] parts of the Service should be performed. The course taken by the members of the Church Committee was, under the circumstances about to be stated, quite unavoidable. They considered that they should justly have incurred the censure of the two Societies if they had abstained from taking that course, because in that case there would have been no provision made for the performance of this part of the Service at the opening of the Church on the first Sunday of Michaelmas Term. The Master of the Temple had expressed his decided objection to the appearance of female professional singers in the gallery appropriated to the singers. They themselves expressed their dislike to so public an exhibition of themselves immediately before and indeed almost in contact with the congregation as there would necessarily be in this gallery, and they would have required some screen. It is scarcely necessary to add that in a Collegiate Chapel, appropriated principally for men, it was scarcely right to have retained female singers in this 382


1842 MICHAELMAS

TERM (Cont'd.)

conspicuous situation, and certainly such an exhibition was not in keeping with the restored style and character of the Temple Church. The Master of the Temple referred Mr. Calvert to the members of the Church Committee as a person who, from the testimonials he possessed, would be qualified to form a choir for the Temple Church. At the time this subject was brought under their consideration, the Parliament of this House had been adjourned to Michaelmas Term, and the Masters of the Bench had left London. There was no opportunity therefore of bringing it under the consideration of the Benchers. Under these circumstances, the members of the Church Committee considered it their duty to the two Societies to place them in a situation which would enable them to open the Church the first Sunday of Michaelrnas Term (the day appointed) with an efficient choir, or to make any other arrangement they thought proper. The Church Committee first applied themselves to ascertain the character and qualifications of Mr. Calvert, and they were furnished with the highest testimonials in his favour by the Bishop of Llandaff, the Revd. Mr. Edwards of King's College, London, Mr. Cooper, organist of St. Anne's, and the assistant organist of St. Paul's, Mr. Holkman, organist of the German Chapel St. James's, the Revd. Mr. Grey Wanstead, the Revd. Mr. Snow, etc. They all spoke in the highest terms of his qualifications for forming and conducting the choir and of his gentlemanly and correct conduct. Having been attended by Mr. Calvert, the Church Committee informed him that they had no authority whatever to make any arrangement with him for securing his services to form a choir or to assist as part of it, that if they were to make any arrangement with him it might not be sanctioned by thc Benchers, and that the trouble he might take in instructing the boys who were to form part of the choir might be thrown away as he could have no claim on the two Societies. If however, he was willing to undertake the formation of a choir subject to the contingency of the Societies repudiating it, the members of the Church Committee were ready to treat with him. He expressed himself perfixtly ready to undertake the formation of the choir at the risk of this contingency. The Members of the Church Committee requested him to furnish a statement of the terms on which he would form and assist in the choir. The following is a statement of the terms: "Estimated Expense of a Perpetual Choir at the Temple Church. Composed of the most competent singers that can be obtained, and able to perform any music that may be required.

383


1842 MICHAELMAS TERM (Cont'd.) each Two principal boys£15 0— 1 Four junior dittoE One principal alto —man One second One principal tenor One Bass ; Master of the Choir Teacher of Boys etc.: £25 Total expenses

£30 £40 £40 £15 £40 £40 £205 #25 £230

Under this arrangement, there would be a succession of boys to succeed those whose voices failed as they grew older and the above salaries which are the same as those at "the Foundling Hospital- will command such talent as shall be equal if not superior to every other choir in London, not excepting St. Paul's. Lowest Estimate for a Choir Six boys Alto Tenor Bass

£70 £20 £20 £20 E130

The above must be members of the chorus of the opera etc. which I presume would not be desired. By chance, a choir might be got for £30 each, but then another church may entice them away with a larger salary as soon as every thing went well and as it should. This is a ureat consideration. Expense of the Choir at the Foundling Hospital First soprano Second soprano First alto Second alto Tenor Bass Or2anist 13lowers

£42 £42 £42 £42 £42 £42 £100 £10 £362


1842 MICHAELMAS

TERM (Cont'd.)

At St. Paul's it is about eight or nine hundred a year [£800-900], besides £25 the Master has with each boy he teaches — there are 8. At the Abbey there are 10 boys and 6 men on weekdays, 12 on Sunday. As it is impossible to teach two boys all that is to be required previous to the opening of the Temple Church, I have put £15 against the two principal boys which will enable the Committee to secure two such boys as are not only competent but to the juniors, to whom the additional salary, in prospect as the older ones lose their voices, will be a matter to encourage attention etc. I have put an extra alto down at £15, for which I know I could get one, which is necessary as 6 boys would render one alto inaudible. The sum of £40 I have placed against the principals, as being the same as the Foundling [Hospital], and not more than will induce persons of sufficient talent to undertake the duties which not only include the attendance at Church on Sundays twice, but also at repeated rehearsals during the week as may be found requisite. The duties of the Master of the Choir include : practising and instructing the boys, individually and collectively in the art of singing, as well as the particular music for the ensuing Sunday, and that every week at least, to fix time for the rehearsals at his own residence, or elsewhere as may be most convenient to the organist and choir. To copy such music as may not be found in print but only in the Chapel Royal Books, etc. and seems appropriate for the Church, such as the services, chaunts [sic], anthems etc. of Tallis, Byrd etc., make out the list of the music for each service and if required, on any particular occasion to compose appropriate anthems etc. in fact, to take all the troublesome duties. I consider these duties will take him at least six hours a week if not twelve, and until the Church is opened, much more. The salary may be left to the discretion of the Committee. For my own part, I am willing to leave that entirely out, and to take the duties, leaving the remuneration entirely to what the Committee may think fit compensation, when the choir are in order and at their duties. I can only advise to have such parties engaged as do not perform at the theatres, which these terms above will command, and whatever responsibility the Committee may be pleased to honour me with, I shall endeavour to fulfil the duties with diligence and integrity. I am not sure I could not make some slight deduction in the first estimate, but cannot say positively till I have power to make offers.

385


1842 MICHAELMAS TERM (Cont'd.) Persons usually engned in the choirs of Churches, are moveable at the pleasure of the persons appointing, except the principals at the Chapel Royal and the Cathedrals, which are life. The Governors of the Foundling Hospital however appoint for life. I do not remember the names of all who used to sintz at the Temple but shall have pleasure in recommending them to choirs where I believe voices are required but where they do not have Cathedral Service. The Societies are aware that the sum heretofore, paid to professional singers at the Church, was £120 per annum. If the Societies are unwilling that this addition to the expense of performing this part of the Service should be permanent, it will be in their power as vacancies occur in the appointments of Organist and Clerk, to make such a reduction as will leave a difference only of £30 per annum. The Organist receives £80 per annum, Adams receives a salary of only £60, and the Organist of Lincoln's Inn E51 10s. If the Organist's salary were hereafter reduced to £60, and the situation of Clerk, whose salary is £60, were abolished, as his duties are performed by the Choir, the difference between the present and the former expense would be £30 per annum. One of the members acquainted the Master of the Temple with the proposed arrangement respecting the Choir which he intended to be laid before the Benchers of the two Societies, and he expressed himself very much gratified with it."

Mr. Calvert has furnished the following statement of the arrangements to be made for the performance of the Service if the plan be approved and adopted: "For November, January, March, May, July and September: Counter tenor Tenor

Mr. Hawkins Mr. Hobbs (both of Her Majesty's Chapel Royal and the Abbe ,)

The Bass Trebles

myself, and 6 -8 boys


1842 MICHAELMAS

TERM (Cont'd.)

For December, February, April, June, August and October: Counter tenor

Mr. Young (of the Abbey, and who resigns the Foundling on purpose)

Tenor

Mr. Horncastle (of Her Majesty's Chapel Royal) myself, and boys as before

Bass

I have engaged Mr. Shoubridge as the tenor for December etc. but the Foundling Hospital offered him ÂŁ60, which he has accepted. They offered Mr. Hobbs the same sum, but he accepted the Temple in preference for several reasons, although the sum I have offered is not so much. So that the Choir will consist of the very first singers in England." Ordered upon the part of this Society, upon the motion of Sir Charles Wetherell, "that the consideration of any change in the singing in the Temple Church be adjourned until next Term". Taking into consideration Mr. Wyatt's motion, "that the reopening of the Temple Church for the performance of divine service be postponed for the present": the same is negatived. Ordered, that it having been resolved to open the Temple Church for the performance of divine service on Sunday next, the Church Committee of both Houses be requested on the part of this Society to open it in such manner as they shall think right for that day only. PARLIAMENT Nov. 18

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Hardy and Mr. Hallam. Messrs. Bentley Stocks, John James Hamilton Humphreys, Edward Salmon, William Cooper, Henry Birch Reynardson, Francis Charles Trower, Richard Walmesley, Augustus Goldsmid, Henry Anthony Littledale and Robert Mynors, called to the Bar. Ordered that the following gentlemen be a Committee for the consideration and regulation of all matters relating jointly to this Society and the Middle Temple: the present Treasurer, Sir Charles Wetherell, Mr. Wyatt, Sir Alexander Croke, Sir George Rose,

387


1842 MICHAELMAS TERM (Cont'd.) the Rt. Hon. Lord Langdale, Sir Frederick Pollock, the Hon. Mr. Law, Mr. Holt, Mr. Burge and Mr. Spence. William Erle, Esq., to be Master of the Library and Reader of this Society for the next Lent vacation. Frederick Thesiger, Esq., to be Treasurer of this Society for the ensuing year. BENCH TABLE Nov. 18

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Whateley. Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Hardy and Mr. Hallam. Mr. George Mellish, a student, to have permission to practise as a Special Pleader extended for one year. Mr. James Talbot, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Ordered upon the motion of Mr. Rogers, "that the sum of twenty one pounds be granted to the Revd. Mr. Rowlatt as a gratuity on the part of the Bench in consequence of Mr. Rowlatt having lost the chances of the nomination by individual Benchers (whose undoubted patronage it is to appoint) to preach the afternoon Sunday sermons, owing to the Church being under repair". Ordered that the sum of eight pounds be granted to the poor persons usually receiving the sacrament money, as a gratuity to Christmas next. Ordered upon further consideration of the petition of Ralph Durrant. late Head Gardner, that in consequence of his long and faithful services, he be allowed a pension of one pound per week during the pleasure of the Bench, such allowance to commence from the day of his resignation, viz. 4th instant. Upon taking into consideration this day (pursuant to BTO Ilth instant), the application to have divine service performed in the Temple Church in the morning and evening every day. together with Mr. Burge's motion thereon. "that the request be complied with" and also. Sir Charles Wetherell's motion of the same day. "that a Committee be appointed to inquire into the necessity and desirability of opening the Church and having service therein besides Sundays": ordered that the following. gentlemen. The Treasurer. Sir Charles Wetherell. Sir George Rose. Mr. Burge. Mr. Spence. Mr. Starkie. Mr. Chilton. Mr. Whateley. Mr. Wortley, Mr. Wyatt and Mr. Hallam be a Committee. to confer 188


1842 MICHAELMAS

TERM (Cont'd.)

with the Masters of the Bench of the Middle Temple, to consider and report to the Bench upon the subject of the application to have divine service performed at the Temple Church during the week as well as on Sundays. Ordered that Sir Robert Smirke, the Architect, do examine and report the state of Nos. 11 & 12 Paper Buildings. A memorial from John Horatio Lloyd, Esq., a barrister of this Society, together with a copy of a letter sent by Mr. Lloyd to the Rt. Hon. Lord Denman accompanying the same, read." In April 1841, the memorialist presented a petition for an early consideration of the case and evidence then tendered, so that if his case were established he might be permitted to hold chambers of the Society and the interdiction as to the Hall and garden might be removed. On 4th May 1841, he received a letter from the Sub-Treasurer informing him that the Bench have taken his petition into consideration and that the prayer of it cannot be complied with. The memorialist subsequently presented a petition to Her Majesty's Justices, and on lt November instant, addressed a letter to Lord Denman, given below. The reply from Lord Denman, from Westminster Hall, and dated Nov. 7. 1842, as follows: "I brought your letter of I instant to the notice of the judges. We have reason to believe that the Benchers of the Inner Temple are not unwilling to hear and consider any application which you may make and we think that under the circumstances stated by you, your proper course is to make such application." In consequence, on 17th November 1842, the memorialist asking the Bench to re-consider his case, and "thereupon either to restore your memorialist to the privileges from which he is at present excluded by the Resolution of 20th November 1834, or to appoint a day for hearing him in person, or by Counsel, in support of his petition". Letter read from John Horatio Lloyd, Esq. to Lord Denman, concerning his submission in May last to Her Majesty's Judges of a petition and memorial, by way of appeal against the Masters and Benchers of the Inner Temple to admit him to certain privileges of the Inn. He requests his real position should be ascertained. For seven years he had abstained from exercising his profession in Court, "out

I

' Full details of this petitioner's

case, being accused of indecency and insanity, DIS/1/L1-2,

389

(1849).


1842 MICHAELMAS TERM (Cont'd.) of difference to the opinions of those whom such practice would have brought me into association, and in the constant hope that my reputation would sooner or later be vindicated so as to enable me to resume my place without pain to myself or offence to others. The line which I drew in practising in the meanwhile was that which separates the pleader from the barrister, and as it was obvious that unless I could support my own pleadings or interlocutory applications at the judges' chambers, I could not reckon upon employment in that branch. I considered it a necessary consequence that I should be ready to attend when required to support or oppose an application on summons. According when the occurrence to which I am about to advert took place, I had done so for five years, and had appeared before every judge who during that time had sat upon the Bench, except Lord Abinger whom as it happened, I had never been called upon to attend.He had appeared before several judges including Mr. Justice Patteson, Lord Denman, Mr. Justice Coleridge in frequent and almost daily practice. After the commencement of the long vacation at the end of August last Mr. Justice Coleridge was succeeded at chambers by Mr. Justice Cresswell and "in the ordinary course, I was instructed by Messrs. Oliverson & Co. to attend him on behalf of Sir John Lubbock upon an application of the Sheriff to interplead. The claimant was represented by Mr. Edwin James, barrister, and the Sheriff appeared by his attorney. No personal objection of any kind was intimated by the Counsel on the other side". When the case came on, "it was intimated to Mr. Justice Cresswell by the attorney for the Sheriff that 1 appeared for the execution creditor, whereupon his Lordship, in the presence of several persons assembled in the room, addressed me thus, "Mr. Lloyd I have a painful duty to perform, but I feel bound to follow out now that I am on the Bench, the course which I pursued when at the Bar, and I must decline to hear you". Thereupon I bowed and retired." The memorialist continues to discuss the influences of such conduct, and notes that it is impossible for him to admit the justice of it regarding the matter of privilege. He continues to discuss his understandinv, of his position, and that he had "long ago foregone all intention of practising on circuit, and had resolved not to seek occasions of any kind to appear in court at all events until time and a right appreciation of the case should have removed all objection. What I want is simply and solely the wiping off of a stain from my character, and a reinstatement in the social position from which by a mistaken sentence I have been degraded". He further notes that the barrier to this includes "the very strong manifestation of feeling on the part of Mr. Justice Cresswell". He requests that the Benchers review the recent evidence laid before them, which includes medical opinions not previously submitted. As the Benchers have so far refused, he is calling on his Lordship and the rest of Her Majesty's Judges to exercise the jurisdiction to require the Benchers to sate the reasons of their refusal to do so.


1842 MICHAELMAS TERM (Cont'd.) Ordered that a copy of the memorial and letter be sent to each of the Masters of the Bench, and that they be taken into consideration on Friday next. BENCH TABLE Nov. 22

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Thesiger, Mr. Erle, Mr. Burge, Mr. Spence, Mr. Preston, Mr. Platt, Mr. Chilton, Mr. Evans, Mr. Whateley, Mr. Baines, Mr. Wortley and Mr. Wyatt. Mr. Thomas Henry Baylis, a student, to have permission to practise as a Special Pleader extended for one year. Ambrose Waln, Esq., a barrister, having applied to this Table to be disbarred, for the purpose of his being admitted an attorney, and having paid all dues; ordered that he be disbarred at his own request, his name struck out of the Books of this Society, his bond delivered up and to be given a certificate of his disqualification." The thanks of the Society to be conveyed by the Sub-Treasurer to the Rt. Hon. Sir Edward Hyde East, one of the Masters of the Bench, for his present to the Library of a copy of his work, entitled, "The Certainty of the Origin of Evil in the World, and the Probable Pre-existence of Mankind in the Fallen Angels, Cast Out of Heaven into the Earth, before the Creation of the Six Days Recorded in Genesis". The thanks of the Society to be conveyed by the Sub-Treasurer to H. Macnamara Esq., for his present to the Library of a copy of his work, entitled, "A Practical Treatise on Nullities and Irregularities in Law, their Character, Distinctions and Consequences". The thanks of the Society to be conveyed by the Sub-Treasurer to Sir Robert H. Inglis, for his present to the Library of a work, entitled, "An Index of Reports to the Charters of England". Application, signed by 49 students, to have divine service performed in the Temple Church daily, read, as follows: "The respectful memorial of the under-signed students of the Inner Temple, shows that we hail with great satisfaction and thankfulness the restoration and decoration of the ancient Temple

14

Note in margin, "initialled: a copy of this Order was given to Mr. Waln, which was considered sufficient by the Court, and he was thereupon admitted an attorney".

391


1842 MICHAELMAS TERM (Cont'd.) Church, and we beg to offer our sincere admiration of the spirit, taste and liberality evinced by the Committee in the direction of the works. That while we admire the beauty of the sacred edifice, we are not unmindful of the holy purposes to which it is devoted, and we venture to express a hope that the same spirit which has led to the restoration of the building, may obtain for us the advantage of having therein the daily performance of Divine Worship, after the manner of our colleges and cathedrals.Ordered that the memorial be referred to the Committee appointed upon this subject by the BTO 18thNovember instant. Ordered upon the motion of Mr. Wortley, -that a Committee be appointed to consult with Middle Temple for the purpose of making the best temporary arrangement for the performance of the music in the Church from the present timc to the second Tuesday in next Hilary Term-. Ordered, that in addition to the Church Committee, Mr. Thesiger, Mr. Platt, Mr. Rogers, Mr. Chilton, Mr. Whateley and Mr. Wortley be a Committee for this purpose. Mr. Rogers giving notice of motion for the first business day next term, - that all occupiers of Societies' chambers, being tenants under the Society, though not members of the House, be permitted to have accommodation in the student's seats in the Church-.'' BENCH TABLE Nov. 25

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. R.V. Richards, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Hardy and Dr. Lushington. Mr. William Talmadge, a student, to have permission to practise as a Special Pleader extended for one year. Mr. Henry P. Hinde, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Resolved that the consideration of the memorial and other documents received from John Horatio Lloyd, Esq., be adjourned to the first business day of the next term (Friday, l3th January 1843) on which day it is particularly and earnestly requested, that every Master of the Bench will give his attendance at the Bench Table, as the same will peremptorily be taken into consideration on that day.

15

In margin, "adjourned to 27 Jan 1843".

392


1842 MICHAELMAS

TERM (Cont'd.)

Ordered that Mr. William S. Tinlason, a student of Middle Temple, be permitted access to the Library for six months during the usual hours. Business adjourned to Wednesday, 7th December next. BENCH TABLE Dec. 7

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt and Mr. Hardy. Mr. Thomas Greensi11,16 a student, to have permission to practise as a Special Pleader extended for one year. Order of the Bench of Middle Temple, upon the subject of the performance of divine service during the week, read, as follows: "Middle Temple. At a Parliament held on 25th November 1842: the Inner Temple BTO of 19th instant read, as to times of holding divine service. It is unanimously resolved that in the opinion of this Society it is not expedient to make any alteration in the time of holding divine service in the Temple Church and therefore this Society think it unnecessary to appoint a Committee to confer with the Committee of the Bench of the Inner Temple." [signed]: "Edwd. Eldred Sub-Treasurer" Ordered that the same be taken into consideration on the second business day of the next term. Order of the Bench of the Middle Temple upon the subject of a choir for this Church, read, as follows: Middle Temple. At a Parliament held on 25th November 1842: The Inner Temple BTOs of 15th and 22nd instant read, relative to the arrangement for the performance of the music in the Temple Church. -

Ordered that this Parliament is of opinion that a choir should be engaged for the Service of the Church, and that a Committee be appointed to confer with a Committee of the other Society in arranging the details.

Possibly also known as Francis Greensill. 1

93


1842 MICHAELMAS TERM (Cont'd.) That a Committee consisting of Master Jervis, Master Austin, Master Leake, Master Mayers and Master Longlands, in addition to the Church Committee, be appointed to meet thc Committee of the Inner Temple as to a temporary arrangement for the Choir till next term. [signed]: "Edwd. Eldred Sub-Treasurer" Ordered that the consideration of the above Order of the Middle Temple be adjourned to the second Tuesday in the next term. Ordered that all the original papers and documents in the possession of the Society, which were sealed up in November 1834, relating to the case of Mr. Lloyd, be lithographed, and copies thereof sent to the Masters of the Bench, sealed up and marked "for the private and exclusive use of the Benchers". Business adjourned to Tuesday, 20th instant. BENCH TABLE Dec. 20

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Dundas, Mr. Hardy and Dr. Lushington. Mr. Charles Edwards, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Letter from the Revd. William H. Rowlatt, the Reader of the Temple Church, as of the Inner Temple Library, addressed to George Chilton, Esq. and dated December 19th 1842, read, as follows: "I called twice on Saturday at your chambers to request the favour of your appointment to preach the afternoon sermon in the ensuing year on the day when it will be your turn to nominate a preacher, but I was not fortunate enough to find you at home. I have just heard from Mr. Martin that you have named a clergyman to preach on 29th January, understanding from him that that day was open —but that is not the fact, though he was not aware of it. I have at present appointments enough to occupy all the Sundays until the month of June, until when by the Rules of the Society, I believe your nomination cannot take effect." Ordered that intimation be given to Mr. Rowlatt that he has mistaken the Rule of the Society with respect to the appointment of the

394


1842 MICHAELMAS TERM (Cont'd.) afternoon preachers, and that the appointment of Dr. Hinds, to preach on Sunday, 29th January, is to take effect. Mr. Platt giving notice of motion for early in the ensuing Hilary Term, "that he will bring under the consideration of the Bench, the manner in which the Masters of the Bench have hitherto nominated the afternoon preachers, with a view to submitting some direct and positive rules for the future regulation of those preachers".

395


1843

FREDERICK THESIGER, ESQUIRE

TREASURER

1 January to 31 December 1843

MASTERS OF THE BENCH attending Bench Table and Parliament

Sir Charles Wetherell, Sir George Rose, Sir Jonathan Frederick Pollock (the Attorney General), Sir William Webb Follett (the Solicitor General), Horace Twiss, Esquire, The Hon. Charles Ewan Law, Francis Ludlow Holt, William Erle, Richard Preston, William Burge, George Spence, Thomas Starkie, Thomas Joshua Platt, Francis James Newman Rogers, George Chilton, John Evans, Robert Vaughan Richards, Robert Baynes Armstrong, David Dundas, William Whateley, Matthew Talbot Baines, Esquires, The Hon. James Stuart Wortley, John Wyatt, John Arthur Roebuck, John Edmund Dowdeswell, John Hardy, Stephen Lushington, D.C.L., Esquires, Sir John Beckett and Henry Hallam, Esquire.

396


1843 HILARY TERM

BENCH TABLE Jan. 13

Present The Treasurer, the Attorney General (Sir Frederick Pollock), the Solicitor General (Sir William Webb Follett), Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr Law, Mr. Holt, Mr. Erle, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. R.V. Richards, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Hardy, Dr. Lushington, Sir John Beckett and Mr. Hallam. The Masters of the Bench, having been specially summoned pursuant to the BTO 25th November last, to take into consideration this day the memorial, dated 17thNovember 1842, and other documents received from John Horatio Lloyd, Esq., a barrister of this Society, it was moved by the Attorney General, "that the Bench name a day for the purpose of taking into consideration the papers laid before them by Mr. Lloyd, and for hearing Mr. Lloyd or some person on his behalf, if it should be deemed necessary". Whereupon, Sir Charles Wetherell moved as an amendment, "that this Bench, having considered the various letters, papers and documents, transmitted to them by Mr. Lloyd for the purpose of supporting his application, would be pleased to take his case and the evidence which accompanies it into their consideration, and thereupon either to restore him to the privileges from which he is at present excluded by the Resolution of 21st November 1834, or to appoint a day for hearing him in person or by counsel in support of his petition". Resolved that such application be not complied with. The amendment being put by the Treasurer, is carried in the affirmative. Ordered that a copy of this Resolution be communicated to Mr. Lloyd. Ordered that Griffith Richards Esq., be allowed the present term as kept without attending at the Bench Table, in consequence of his indisposition. BENCH TABLE

Jan. 17

Present The Treasurer, Sir Charles Wetherell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Chilton, Mr. Evans, Mr. R.V. Richards, Mr. Armstrong, Mr. Whateley, Mr. Wortley, Mr. Wyatt, Mr. Hardy, Dr. Lushington and Sir John Beckett. Mr. George Henry Holland, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Grand Day this term to be Wednesday, 25thinstant. 397


1843 HILARY TERM (Cont'd.) Report, dated December 20th 1842, from Sir Robert Smirke, the Architect, of 10 Hyde Park Square, upon the state of Nos. 11 & 12 Paper Buildings, pursuant to the BTO 18th November last, read, as follows: "I request you will state to the Masters of the Bench, that I have carefully examined the state of the exterior walls of the chambers No. 11 & 12 Paper Buildings, and cannot perceive any indication of recent failure except in the north wall of the staircase next the New Building. This north wall is a thin decayed one and was found very much fractured when the adjoining walls were taken down, and the fractures are slightly increased, but should it be tbund necessary to give the wall additional security, it may be readily done. The east, west & south walls remain in the condition they were at the time of my last survey and although it is very uncertain how long the building may continue to be occupied, I do not think it unsafe at present. The Clerk of Works has examined every room, and observed nothing to give cause for apprehension, nor can I learn that any complaint has been recently made about a difficulty of opening any doors or windows in the chambers, which will be the first indication of increasing failure." The Sub-Treasurer reporting that Sir Alexander Croke, one of the Masters of the Bench, died on 27th December last and that by his death, a set of Bench chambers, situate one pair stairs north No. 3 Paper Buildings, had become vacant. Ordered that they be disposed of at the Parliament, to be held on Friday, 27th instant and that the Masters of the Bench have notice thereof Ordered upon the request of the Church Committee that John Edmund Dowdeswell, Esq. be added to that Committee.

Pursuant to BTO 7th December last, the Order of the Middle Temple of 25th November 1842, was again read: "Middle Temple. At a Parliament held on 25th November 1842: The Inner Temple BTO of 19thinstant read, as to times of holding divine service. It is unanimously resolved that in the opinion of this Society it is not expedient to make any alteration in the time of holding divine Service in the Temple Church and therefore this Society think it unnecessary to appoint a Committee to confer with the Committee of the Bench of the Inner Temple." 398


1843 HILARY TERM (Cont'd.) [signed]: "Edwd. Eldred Sub-Treasurer" Ordered that the consideration thereof be further adjourned. Mr. Spence giving notice of motion for Friday, 27th instant, "that a further sum be granted to Mr. Charles Ellis for the additional labour he has had in compiling "the Alphabetical Catalogue of the Library". PARLIAMENT Jan. 20

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Dundas, Mr. Baines, Mr. Wortley, Mr. Hardy and Dr. Lushington. Dissolved. BENCH TABLE

Jan. 20

Present The Treasurer, Mr. Twiss, Mr. Holt, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Dundas, Mr. Baines, Mr. Wortley, Mr. Hardy and Dr. Lushington. Mr. Edward Elcock Molyneux, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Letter received from Mr. Charles Francis Bamford, the executor of the late Jeremiah Simpson, Esq., the Solicitor to the Society, written from 7 King's Bench Walk, dated 18th January 1843, and addressed to the Treasurer, read, as follows: "Although the fact is most probably already known to you, still I deem it my duty officially to inform you of the death of my uncle, Mr. Jeremiah Simpson, a very old member of your Inn and to whose care your Society has for several years been pleased to entrust the management of your legal affairs. I have during the whole of that period been with and assisted him in his business and thereby become fully acquainted with such matters connected with your Society as professionally passed through his hands, and having now succeeded to his business, should it not interfere with any other arrangements you may have in view, and your Society should be pleased to favour me with the conduct of any legal matters which may in future be connected with the management of your affairs, I can only say that I shall feel it my duty to give every care and attention in my power to the protection of your interests."

399


1843 HILARY TERM (Cont'd.) Ordered that the Treasurer be requested to appoint a Solicitor to the Society. Mr. Platt, pursuant to notice given at the Bench Table on 20th November last, having called the attention of the Bench to the situation of the Reader in regard to his preaching in the afternoon, in the absence of other appointed preachers, the Bench are obliged to him of his communication and are of opinion that the subject deserves further consideration. Letter from the Master of the Temple, the Revd. Christopher Benson, addressed to the Treasurer, dated this day, read, as follows: "I have the honour of enclosing for your perusal, and that of the Masters of the Bench, two of the letters I have received relative to the Temple Church. In the general sentiments of both I agree, and as my deafness precludes me from entering into conversation, I will add a few remarks in writing. No. I. In addition to the inconvenience entailed by the present mode of admitting persons to the seats of the painted Church, as if it were a painted theatre, I have to state that my own servants on Sunday last were refused a seat because they had no tickets. One of them had to stand the whole time of the service. I trust I need do no more than make this statement. No. 2. The musical performers of the Church are of more serious import. When I first came to the Temple, it was to an unpretending Church, and to a sober rational Service of the Almighty, in which all might join in the responses, and nothing was wanting to answer the demands of seriousness and piety, but an improvement in the psalmody, which was miserably deficient from the improper appointment of a clerk who could not sing. To remedy this defect, some male and female singers were unhappily introduced, whose exhibitions in the organ gallery were offensive to many, though, at last I had the pleasure of hearing members joining in this mode of praising God. This band of singers was afterwards employed in chanting various parts of the Service, and one psalm in which the congregation could, was superseded by an anthem in which they could not join, and that anthem not so performed as much to gratify either devotion or taste. On the reopening of the Church after its long and lamentable disuse, I trusted that the music would become a subordinate and chastened part of the Service and did not therefore object to the substitution of men for women singers, or even to the chanting of the psalms. My affliction of deafness disabled me from judging of what was done on the Sunday when the Church was reopened, but my watch 400


1843 HILARY TERM (Cont'd.) informed me on Sunday last that some change must have been made, as it was almost one o'clock when I got into the pulpit. I now find that besides the psalms etc., the Litany and the Responses to the Commandments were sung, and of this change I had no notice whatever. Indeed I may say, that many of the additions to the singing have been made during my absence, and reserved for my approbation when I returned —a very inconvenient mode of proceeding, as it puts me in the invidious position of effectively or uselessly (as the case may be) endeavouring to alter what others have already approved, and so far pledging themselves to maintain. I also find that all psalmody has been given up, and brought down from the organ to occupy much of the space in the body of the Church, which might be otherwise, and I believe more profitably, employed. I will now venture to state my own sentiments. They are that the chanting of the `Te Deum' and the 'Jubilate' might be continued; that it would be much more edifying for the congregation to read than to listen to the chanting of the psalms; that neither the Litany nor the Responses ought to be sung, and that if an anthem, short and solemn, should be admitted for the lovers of ecclesiastical music, there should be, at least, one psalm, grave and devout, and which, in my humble opinion, alone can lay claim to a correspondence with that singing of the psalms and hymns, and spiritual songs, whereby in compliance with St. Paul's words, "people can be said to make melody in their hearts unto the Lord". With regard to the Litany, it is the most full and solemn supplication to God for all things and all persons, which our liturgy contains, and when the option is granted that it may be either sung or said, I think the same reason which dictates the propriety of the Minister first reading the other and shorter prayers, and the people saying "Amen" ought to dictate the propriety of the Responses in the Litany being said by the people, after the Minister has pronounced the previous supplication. If this be not done, the congregation for the most part, will be either irritated by the bad, or charmed by the good singing of this form of prayer. But neither the irritation nor the charm of listening to prayers sung constitutes worship. With regard to the Responses to the Commandments, no option is specified. file people still kneeling are to ask God's mercy for the past, his grace for the future, singing the responses makes others ask it for them, for the people cannot and do not join in the singing, and would in general, be thought very intrusive and conceited if they did interfere with the professional choir. On these grounds I once before objected to the singing of these responses and it was given up. Why, or by whom, it has been brought back, I do not know.

401


1843 HILARY TERM (Cont'd.) But the Temple Church is a sort of College Chapel, it may be said. What then? In by far the greater number of College Chapels there is no singing at all. In those in which there are choirs, the seats are crowded. When? On Sunday evenings, and at such times as a splendid anthem is expected, and the best singers are put forward and condescend to exert themselves to make the music effective. It is then, I ask, piety which draws the crowd? But in Worcester, and all other Cathedrals I may be told is exactly that to which I object in the Temple. Why? Because in Cathedrals the statutes of the respective foundations take away the option left by the rubric of singing or saying, and confine the members to the former, and have made large provision for the choir, who are so to perform the service, and imply that the canons and others joining the ordinary congregation should join therein. In the Temple, there are no such statutes, no provision made for a choir, and a choir there has never been, I believe, until now. The days of decorating churches, magnifying external worship, and retaining or restoring so much of the music and ceremonies which attract by their splendour and popish rites, as the rubrics and canons do not demand, but barely allow. As far as the notion of people being brought by such music and decorations, first to hear and see, and then to pray, I do not believe it often occurs. Where it does, so soon as the spirit of piety is roused, I am inclined to think that then the more sober and serious form of worship in the simpler ordinances of a parochial service would soon be chosen and the plan of singing deserted. From the experience of more than fifteen years in a Cathedral, 1 can safely say that I have not perceived the religious feelings to be made so earnest as I think they would have been under other circumstances; that the principal attendance is at the Sunday Evening Service, when there is the best music, that several persons come then who come at no other time, and that it required constant effort and vigilance to keep the Lay Clerks and Choristers in a due and serious attention to their duties. In fact, they look on those duties more as professional, than Christian. But let Cathedrals be what they may, their example is not our model. It is the Temple Church, not Chapel. I am its Rector, not its Dean, and I trust the edifying simplicity of the still uncorrupted parochial churches of the land will be prominent in every one with which I have to do. I have stated my opinion freely and as I think I ought, and as I hope the Masters of the Bench will state theirs. The authority to regulate the spiritual services of the Temple Church must vest in some person or persons. I believe it to rest in myself as Rector of the Church. If the Masters of the Bench think it otherwise, let a fair opinion be taken, and to that opinion I will agree. For, I have no anxiety for any privileges which do not belong to me. Their responsibility is generally far greater than the pleasure or petty superiority they afford, and nothing but a conviction that I was in a great measure responsible for 402


1843 HILARY TERM (Cont'd.) the Services of the Temple Church being conducted in a manner most conducive, not to gratification, but to edification, could have induced me to break the silence I have hitherto maintained, under the gradual increase of music in that Church. The only privilege I reserve to myself, is that of pursuing such a course, after the decision of this matter, as may appear to me to be dictated by the circumstances in which that decision places a Master of the Temple." Ordered that a copy of the letter be sent to each of the Masters of the Bench, and that it be taken into consideration on Tuesday next, and the Masters of the Bench have notice thereof. BENCH TABLE Jan. 24

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. R.V. Richards, Mr. Armstrong, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Dowdeswell, Mr. Hardy, Dr. Lushington, Sir John Beckett and Mr. Hallam. Ordered upon the appointment of the Treasurer, pursuant to BTO 20th instant, that Henry Charles Chilton, Esq., be Solicitor to this Society in the room of Jeremiah Simpson, Esq., deceased. Mr. George Henry Hewit, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Statement from Mr. Charles Tidd Mennen, a student of this Society, addressed to the Masters of the Bench, as of 1 Harcourt Buildings, dated January 24'111843, read, as follows: "I am the eldest son of Mr. Charles Hennell of 1 Harcourt Buildings and am now in my 23' year. My father has for many years past been a member of your Society and enjoyed an extensive practice as a Special Pleader under the Bar. I received the first portion of my education at a grammar school at Brompton and went from thence in 1834 to the Kings College School, where I remained until midsummer 1837. In August following, I entered my father's chambers as a pupil and have regularly attended there down to the present time. In Trinity Term 1840, I was (after undergoing the usual examination) admitted a member of your Society and immediately commenced keeping my terms and am now in the course of keeping my eleventh term. My father I much regret to say was about nine weeks ago suddenly seized with a very severe and dangerous illness which has ever since confined him to his bed, and he now lies in a most precarious state, and I fear there is too much reason to apprehend that his disorder may terminate fatally. 403


I 843 HILARY TERM (Conrd.) If it should please providence, to bereave us of my poor father, it would be my earnest desire to endeavour to carry on his practice for the benefit of my mother and the family, but in the event of such a melancholy bereavement occurring before the end of ncxt Easter Term, I should, not having completed my twelve terms, be unqualified (according to the ordinary Rules of your Society) to apply for leave to practise as a Special Pleader, and the whole of my father's practice would I fear be lost to us. Under these circumstances, I hope you will be pleased to relax in my favour the Rule of your Society, which requires a party to keep twelve terms before he can obtain leave to practise as a Special Pleader and to grant mc before the expiration of the present term the necessary permission so as [to continue the] practice. If my father should (as I earnestly hope he may) recover, I should not of course desire to avail myself of the indulgence now prayed for." Ordered that under the special circumstances of the case, Mr. Charles Tidd Hennell have permission to practise as a Special Pleader for one year. Letter received from the Master of the Temple, pursuant to BTO of 20th instant, considered, and resolved that the Treasurer be requested to inform the Master, that the Masters of the Bench will take his letter of' 20th January into their serious consideration with an anxious wish that all the arrangements for the celebration of divine service in the Church should be made in a manner the best calculated to promote the sacred ends for which it was intended. They beg leave to assure the Master, that they will enter upon this consideration with the most calm and conciliatory spirit best befitting the subject they have to discuss, and further, that should any difference of opinion ultimately exist they are most desirous that the same should be amicably settled with a due regard to the wishes of the Master. Ordered upon the motion of Dr. Lushington, that a Committee to be formed of the following gentlemen: The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Burge, Mr. Rogers, Mr. Whateley, Mr. Wortley, Mr. Dowdeswell and Dr. Lushington, to consider the rights and privileges of the Master of the Temple. Having taken into consideration this day the subject of the establishment of a permanent choir for the Church, pursuant to BTOs of 15thNovember and 7th December last, Sir Charles Wetherell giving notice, "that the powers of the Committee appointed at BTO 22' November last, to consult with the Middle Temple for the purpose


1843 HILARY TERM (Cont'd.) of making the best temporary arrangements for the performance of the music in the Church from that time to the second Tuesday in the present term, be continued till the second business day in next Easter Term, and that the Committee be instructed to omit from the choral Service the responses in the Litany and in the Communion": amendment carried. Ordered that Dr. Lushington and Mr. Hallam be added to the Committee. Sir Charles Wetherell giving notice of motion for Friday next, "that no further money be laid out on the Temple Church except under the special order of the Bench for that purpose". Mr. Burge and Mr. Wyatt to report to the next Parliament the annual value of the chambers, situate ground floor east No.1 Hare Court, held upon the life of Henry Bosanquet, Esq., the same having been surrendered to Mr. Charles Lempriere, a member of this Society. PARLIAMENT Jan. 27

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie, the Solicitor General (Sir William Follett), Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Dowdeswell, Mr. Hardy, Dr. Lushington and Sir John Beckett. Messrs. John Forster, John Frederick Hill, Cosby Thomas Nesbitt, the Hon. Edward Pleydell Bouverie, Mr. Robert Porrett Collier, the Right Hon. Alfred Hervey commonly called Lord Alfred Hervey, Messrs. Charles Marett and Thomas Borrow Burcham, called to the Bar. Upon a viewing by John Wyatt and William Burge, Esquires, according to BTO 24th January last, of the ground chambers east, in the staircase No. 1 in Hare Court and the cellar thereunto belonging, Henry Bosanquet, Esq., aged forty nine on the 19t' December last, to be disadmitted, and that Mr. Charles Lempriere, a member of this Society, aged twenty four on the 21st September last, should be admitted for his own life, and for his admission to pay 40s. On the application of Ambrose Waln, Esq., BTO 26th November last, [sic]i ordered that he should be disbarred, and his name struck out of the Books of this Society and his bond delivered up, and that he should have a certificate of such his disqualification, which Order is at this Parliament confirmed.

I

Reck'

22 Nov.

405


1843 HILARY TERM (Cont'd.) Disadmittance from, and admissions to, Bench chambers with fines of 40s:The Treasurer from Bench chamber two pair of stairs south No.11 Paper Buildings, to Bench chamber late of Sir Alexander Croke, one pair stairs north No. 3 Paper Buildings. Richard Preston, Esq., from Bench chambcr one pair of stairs east No. 7 Fig Tree Court, to Bench chamber late of Frederick Thesiger, Esq., two pair stairs south No. 11 Paper Buildings. George Spence, Esq., from Bench chamber two pair stairs north No. 4 King's Bench Walk, to Bench chamber late of Richard Preston, Esq., one pair of stairs east No. 7 Fig Tree Court. Thomas Starkie, Esq., from Bench chamber three pair of stairs south No. 7 King's Bench Walk, to Bench chamber late of George Spence, Esq., two pair stairs north No. 4 King's Bench Walk. George Chilton, Esq., from Bench chamber area south No. 10 King's Bench Walk, to Bench chamber late of Thomas Starkie, Esq., three pair of stairs south No. 7 King's Bench Walk. David Dundas, Esq., to be admitted to Bench chamber late of George Chilton, Esq., area south No. 10 King's Bench Walk. BENCH TABLE Jan. 27

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Preston, the Solicitor General (Sir William Follett), Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Armstrong, Mr. Wyatt, Mr. Dowdeswell, Mr. Hardy, Dr. Lushington and Sir John Beckett. A set of Bench chambers, having fallen vacant by the death of Sir Alexander Croke after the last Parliament in Michaelmas Term, but during the Treasurership of John Edmund Dowdeswell, Esq., and it being the Rule of the Society that the Treasurer in whose Treasurership the same may fall vacant, has the choice at the Parliament to be held in the term next following, and Mr. Dowdeswell, having refused to accept such vacant Bench chambers: question who has the choice, the present Treasurer or the Senior Benchers? Resolved that the present Treasurer has the choice. Letter of Mr. Henry C. Chilton, the Solicitor of the Society, from 7 Chancery Lane, addressed to Mr. Martin in the Treasurer's Office,

406


1843 HILARY TERM (Cont'd.) dated 26th January 1843, read as follows, and ordered to be entered on the Minutes: "I have to request you will communicate to the Masters of the Bench the result of my interview with the City Police Committee at [the] Guildhall on Wednesday 25' instant, in pursuance of instructions received from the Treasurer. I stated before the Committee that the Society was not liable to be assessed under 2 and 3 Victoria c. 94 in respect of the said Ward rate. The Committee urged me to assign the grounds upon which the exemption was claimed. I declined to do so. The Committee then requested me to withdraw, and remained in deliberation for a few minutes, and recalled me. The Chairman, Mr. Alderman Thomas Wood, addressing himself to me, stated that the Ward rate would not be enforced and the Collector would be instructed to call for the Police rate only." Mr. Rogers, having moved that the occupiers of Society's chambers, being tenants under the Society, though not members of the House, should be permitted to have accommodation in the students' seats in the Church. Ordered that the consideration of the subject be adjourned till next Easter Term. Mr. Spence laying before the Bench the following: statement of the estimated expenses of the repair and restoration of the Temple Church letter from the Architects in reference to such estimates statement of the finances of the Society Ordered that the same be received and do lic on the Table. It is further ordered that the unanimous thanks of this Table are voted to Mr. Spence for the great pains and trouble he has taken in the financial affairs of the Society, and that this Order be entered in the Minutes of the House. I. Statement of the Inner Temple Expense of the Repair and Restoration of the Temple Church, dated 20th January 1843.

Estimate Add organ (not included in the former statement of the 4th November last) Rcfixing the monuments New windows Additional expense of the porch

ÂŁ48,245 140 700 300

400 ÂŁ49,785

407


1843

HILARY

TERM (Cont'd.)

Deduct amount to be borne exclusively by the Middle Temple

5,500 £44,285 £22,142 20,588 £1,554

Moiety V2 Paid Balance to pay

10s. 10s.

Assets on 31st December 1842 Middle Temple ditto Porch Old materials Balance at Bankers 31st December 1842

£1,000 150 150 449

8s. 2d.

£1,749

8s. 2d.

Architects' letter, from Messrs. Decimus Burton and Sydney Smirke, addressed to George Spence, Esq., upon the subject of the foregoing estimate, dated 27th January 1843. According to your request that we should report to you upon the circumstances that have caused the expenditure at the Temple Church probably to exceed the sum of the several estimates, we have delivered in by about £1,500. We beg first to remind you, that we have accompanied most of our estimates with the expression of a doubt as to the possibility of arriving with exactness at the amount. We also beg to say that the following works, which have been executed, have never been estimated for, by us. -

I. The sunk area with railing etc. in the Master's Garden, giving access to the east end of the Church and vestry: an improvement of the utmost importance although attended with a very heavy expense. The iron palisade in lieu of the brick wall next the churchyard Various enrichments at the altar not originally contemplated All the expenses attendant on the Choir All the arrangements for lighting the Church All the strangers' seats The stone font


1843 HILARY TERM (Cont'd.) We beg further to say that ever since the opening of the Church, expenses of a miscellaneous nature, by no means trifling in their aggregate amount, have been duly incurred in shifting the barriers, pulpits, knights effigies, and in preparing the Church every week for divine service. We are however, very ready to admit that in the difficult task of substituting new marble pillars for old in the Round Church, and in the restoration of the aisle vaulting, as well as of the masonry generally of that building, the actual expenditure has greatly exceeded our anticipations, and has been by no means covered by the sum for general contingencies which we provided in our estimate. The Committee are well aware of the dilapidated and precarious state in which we found almost every part of this structure and will make due allowance for the extreme uncertainty obviously attending a repair of this nature." 3.

Statement of the Finances of the Society on 31st December 1842, Report dated 20thJanuary 1843.

One years rental at 31st December 1842 Deduct for empty chambers etc.

£15,042 £14,742

Annual general income, being an average of the last 5 years (exclusive of fees on Calls to the Bench) Total Income

3s.

300

3s.

4,370

£19,112 11s. 2d.

Expenditure

Annual general expenditure being an average of the last 5 years £9,835 10s. 3d. Annual repairs of buildings, chambers etc., being an average of the last 5 years Present annual annuities granted for one life in respect of chambers taken down, the oldest life being about 72 and the youngest 44

£3,122 10s.l ld.

£910 13,868

Surplus Balance

409

1s. 2d.

£5,244 10s. Od.


1843 HILARY TERM (Cont'd.) Memorandum. In the above statement of the average income, the fees on Calls to the Bench are excluded, the annual average for the last 5 years from this source amounted to £602. On the other side, the calculation of the expenditure includes the expenses of the repair of the Hall and Parliament Chambers, the hot water apparatus for the Hall and Library staircase, the expenses attending the fire at Paper Buildings, the moiety of the expense of Macadamizing the Middle Temple Lane, the Accountant, and for new bibles and prayer books for the Church, which may be considered as casual expenses, the annual average of which is £440. This may be the case the present year there being a claim against the Society for the new catalogue of the Library £200 and for the expenses of the present temporary choir £98 19s. Od. In the last Finance Report of 27th April 1841, it appeared that on an average of 4 years, namely from 1837 to 1840 inclusive, £202 a year accrued to the Society from the falling in of chambers formerly granted out on lives, the two subsequent years are not taken into account by reason that in 1842 an unusual number of chambers fell in, this possible source of increase of income is not taken into the above account.

The surplus income of the Society is liable to the following annual charges:

1843

Instalment on account of £13,000 due to the Bankers, and one years interest, the Bankers being willing if it should meet the wishes of the Benchers to take £3,000 a year instead of £4,000 as originally proposed Fire Insurance Fund Property Tax years liabilities

£3,612 500 434 £4,547

10s.

lls. 8d.2 1s. 8d.

leaving the surplus balance £697 8s. 4d. without calculating on any increase of income from Calls to the Bench or falling in of chambers or annuities or any diminuation in casual expenses.

2

Incorrectly

written in 13TO Book as £434 18s. 11

410


1843 HILARY TERM (Cont'd.)

1844

Instalment on account of £13,000 due to the Bankers, and one years interest Fire Insurance Fund Property Tax 2ndyears liabilities

£3,462

10s. Od.

500 434

1Is. 8d.

£4,397

ls. 8d.

leaving the surplus balance £847 8s. 4d. subject to the same remarks as in 1843.

1845 Instalment on account of £7,000 due to the Bankers, and one years interest

£3,312 10s.

Fire Insurance Fund

500

Property Tax

434 1Is. 8d. 3rdyears liabilities

Is. 8d.

£4,247

leaving the surplus balance £997 8s. 4d. subject to the same remarks as in 1843.

1846

Instalment on account of £4,000 due to the Bankers, and one years interest Fire Insurance Fund 4thyears liabilities

£3,162

10s.

500Os. £3,662

10s.

leaving the surplus balance £1,582.

1847 Balance due to the Bankers, and interest Fire Insurance Fund 5thyears liabilities

£1,025 500 £1,525

leaving the surplus balance £3,719 10s. Od.

Note. If the property tax is continued each of the surplus balances of the last two years will have to be reduced by £434 11s. 8d. 41 I


1843 HILARY TERM (Cont'd.) The only liability of the Society beyond what is above specified, is in respect of deposits by students, the amount of which is £8,200. The average of returns of deposits over deposits received for the last 5 years, within which time the alteration of the Rulc as to the calling to the Bar took place., has been about 150. Assuming that the expenses of the Church should exceed the estimate by £2,000, and that the supposed amount of balance payable by the Middle Temple for work done to be borne exclusively by that Society (which is not yet correctly ascertained) should not amount to more than £500, it will be necessary to apply to the Bankers to postpone the payment of the first instalment of' the present year. In that event, the balances for the several years will be varied as follows. f 659 809 959 1,544 2,182

1843 1844 1845 1846 1847

s. 18 18 18 10 0

d. 4 4 4 0 0

at which time the whole amount of debt will have been paid off Ordered upon the motion of Sir Charles Wetherell, "that no sum of money be laid out on the Temple Church upon any works which are not already in progress or sanctioned by any former estimate without a special Order of the Bench". The attention of the Bench having been called to a Bill about to be introduced into Parliament, which if passed into a law, will have the effect of placing the Temple Church under the jurisdiction of the Bishop of London: ordered that the Society's Solicitor bc directed to watch the progress of the Bill and to protect the Society's interests in the matter. BENCH TABLE Jan. 31

Present Sir Charles Wetherell, Mr. Twiss, Mr. Burge, Mr. Spence, Mr.Starkie, Mr. Chilton, Mr. Evans, Mr. Armstrong and Mr. Wyatt. Ordered upon the motion of Mr. Spence that a further sum of fifteen guineas be given to Mr. Charles Ellis for the additional trouble he has had in compiling "the Alphabetical Catalogue of the Library".

412


1843

HILARY TERM (Cont'd.) Ordered that sixty copies of the new catalogue of the Library be printed with one column only in each leaf of index for the use of the Masters of the Bench. Application by a Committee of King's College Hospital having been made for assistance to the funds of that Institution: ordered that the consideration thereof be adjourned to next term. Business adjourned to Wednesday, 8thFebruary next. BENCH TABLE Feb. 8

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Whateley, Mr. Wyatt, Mr. Dowdeswell and Mr. Hardy. The Revd. R.R. Faulkner, Vicar of the Holy Sepulchre, Cambridge, having applied for assistance in aid of the funds for repairing that Church: ordered that his request cannot be complied with. The thanks of the Society to be conveyed by the Treasurer to Mr. Burge, a Master of the Bench, when in his place at the Bench Table, for his present to the Library of a copy of his pamphlet, entitled, "The Temple Church: An Account of its Restoration and Repairs-. A memorial signed by 205 banisters and members of the two Societies, upon the subject of the recent alteration in the celebration of divine service at the Temple Church, which took place on Sunday, 29th January last, read, as follows: "[We] allude to the sudden and by then most unexpected suppression of considerable portions of the Choral Service, both in the morning and evening and of those portions moreover which are amongst the most solemn and beautiful in the liturgy. Your establishment of a complete and effective choir is in such perfect harmony with the recent architectural restorations of the Church and in such full consistency with their character, spirit and design and is, moreover, so consonant with the feelings of your members that they do not hesitate to express to you, and through you, to the Revd. The Master, their deep regret that any change should have been made. The undersigned take this opportunity of acknowledging with gratitude your exertions in the restoration and decoration of the Church and the excellence of your arrangements for the conduct of divine service therein. They now beg you to continue those exertions in the same spirit and trusting that you will this occasion evince your usual 413


1843 HILARY TERM (Cont'd.) consideration for the feelings and wishes of your members at large. They respectfully request that thc Choral Service of the Church may be restored to its original beauty and completeness." Mr. Dowdeswell giving notice of motion for Wednesday next, the 15'11 instant, "that the Bench do come to a Resolution whether thcy will have a permanent choir for the Temple Church or not". Mr. Spence giving notice of motion for the same day, "that a copy of the memorial with the signatures, received from the 205 barristers and members of the two Societies upon the subject of the choir, be communicated to the Master of the Temple". It having been moved and seconded, ordered that the Commissioners of Property and Income Tax tbr this district, be required to call upon the Collectors of those taxes forthwith, to give security for the due and regular payment to the Receiver General of all such monies as they may from time to time receive for, or on account of those taxes. instant. Business adjourned to Wednesday next, 15111 BENCH TABLE Feb. 15

Present The Treasurer, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Rogers, Mr. Evans, Mr. Whateley, Mr. Wyatt, Mr. Hardy, Dr. Lushington, Sir John Beckett and Mr. Hallam. Upon taking into consideration Mr. Dowdeswell's motion, pursuant instant, "that the Bench this day do come to a Resolution to BTO 8111 whether they will have a permanent choir tbr the Temple Church or not": resolved that a permanent double choir be engaged tbr the Church and that the Committee appointed by the BTO 22nd November last, "for the purpose of making thc best temporary arrangement for the performance of the music in the Church-, be requested to carry this Resolution into effect.3 Ordered upon the motion of Mr. Spence, "that a copy of the memorial with the signatures, received from the 205 barristers and members of the two Societies upon the subject of the choir, be communicated to the Master of the Temple" and that accompanying the same, a letter be written to the Master by the Treasurer, and that it be an instruction to the Treasurer, to endeavour to come to a final arrangement with the Master as to the extent to which the Choral Service is to be carried [sic].

3

Note in margin,

"see Middle

Temple

Order of 2511 Nov 1842 read at the Bench Table on 7

414

Dec-.


1843 HILARY TERM (Cont'd.) Mr. Holt, moving "that it be not stated in any letter to be sent to the Master, that it is the opinion of the Bench that the whole of the Cathedral Service be chanted": the motion having been put, is negatived. Ordered that the sum of seventy guineas be paid to the Revd. Theyre November Smith in respect of one year's payment as Preacher to last. Ordered that a copy of the Patent of the Master of the Temple be sent to each of the Masters of the Bench. Mr. Burge giving notice of motion for Wednesday next, the 22' instant, "that until the final decision of the Masters of the Bench of the two Societies on the petitions of the banisters and students of the Societies preying [sic] the restoration of daily service at the Temple Church, service be performed therein, in the morning on Wednesdays and Fridays during Lent". Business adjourned to Wednesday next, 22nd instant. BENCH TABLE Feb. 22

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Wyatt, Mr. Dowdeswell, Mr. Hardy and Dr. Lushington. Mr. Burge, having withdrawn his motion given at the Table on 15th insant, it is unanimously resolved on the motion of Dr. Lushington, "that this Bench having taken into consideration the petitions of the barristers and students of the Societies as to the performance of divine service in the Church, are of opinion that it would be desirable that divine service be performed in the Church every day in the morning during Lent, and that this opinion be communicated to the Master, requesting his concurrence therein, and assuring the Master that the Bench will adopt with his approval, all the necessary measures to carry this Resolution into effect". The Society's Solicitor, having called the attention of the Bench to the first and second clauses in the Ecclesiastical Courts Bill, about to be introduced into Parliament by Dr. Nicholl, which clauses will have the effect of placing the Temple Church under jurisdiction of the Bishop of London: resolved that the ancient jurisdiction and privileges of this Society, whatever they may be, should not be allowed to be altered or impinged by the Bill about to be proposed to Parliament. Also, that Dr. Lushington be requested to communicate this Resolution to Dr. Nicholl, and that the Masters of the Bench who are members

415


1843 HILARY TERM (Cont'd.) of either House of Parliament be requested to assist in maintaining the privileges of this Society. Ordered that the sum of two pounds be given to William Dollery, the Under-Washpot, in consequence of his ill state of health and great distress, and that the Treasurer be at liberty to further assist him under his present dangerous illness. Business adjourned to 28th instant. BENCH TABLE Feb. 28

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Wyatt, Mr. Dowdeswell and Dr. Lushington. Letter from the Master of the Temple, the Revd. Christopher Benson, from Worcester, addressed to the Treasurer, dated 22'd February 1843, in reply to the Resolution of BTO 15thinstant establishing a permanent choir for the Church, read, as follows: "I am this morning favoured with your letter relative to the Services in the Temple Church, and a copy of the petition sent to the Benchers upon the same subject. Before I make any remarks upon the substance of the petition and the grounds and reasons of the regret expressed by the subscribers to it at the discontinuance of some portions of the singing which had been introduced, and before I can venture to state my own views or wishes as to the future, I feel it necessary, with every respect to yourself and the Masters of the Bench, to refer to one sentence in your letter, and to hope that you will have the goodness to give me your own sentiments and those of the Bench in explanation. You state that you are "directed to communicate to me the unanimous Resolution of the Bench that a double choir should be maintained for the service of the Church and to express a hope that it will meet with my approbation". The whole tone and tenor of this sentence lead me to apprehend that the Bench considers the regulation of the services of the Church to be vested in its members, and that they are desirous in the exercise of that power to make such regulations as the Master may approve. If so, my approbation in the opinion of the Bench, is a matter of form, and its influence if it be allowed to have any decided influence, upon the ultimate arrangements, a matter of favour.

416


1843 HILARY TERM (Cont'd.) The only document to which I have access to guide my judgment in the matter is the Patent under which I hold the Mastership from the Crown. If there be meaning in language and if the Crown has any power, or its words are of any value, that patent appears to me to lead to a very different conclusion. I speak this with all due submission without any consultation whatever with any legal or clerical friend, and upon my own view of the subject alone. But I must say that until this point be determined, I consider it premature and hold it to be useless to state what I think upon the question itself to which the unanimous Resolution of the Bench refers. I beg leave to add that personally I have very little interest in the matter. I am and have been for several years quite ready to relinquish the Mastership so soon as I could feel convinced, and convince some others, that it was consistent with my duty to do so, but whilst I hold the situation, I owe it to the Office, and to the Crown, from which I received the appointment to the Office, not to relinquish any of its just rights and above all not to acquiesce unless fully proved in the right of the Benchers of the Societies to take the management of the religious services of the Church under their own superintendence. If I were to do so without a previous and full investigation, I should feel guilty of having voluntarily placed the Master in the position of so many Ministers of dissenting congregations who are subject in the manner of conducting the worship of Almighty God to the will of their congregations acting through a Committee of Management, itself acted upon by petitions, when might is measured not by the soundness of their reasoning but the number of their subscribing names." Resolved that it be explained to the Master, that in the establishment of a double choir the Bench acted on the conviction derived from his former acts and communications, that he consented to a choir in the Church, and that his only objection was to the performance of a part of the service. And, further, that the Bench hope that the Master will not persist in requiring any investigation into the respective rights of the Master and the Bench, considering that such rights could only be ascertained by inquiry into remote antiquity, and whatever they may be, could not be enforced on either side without injury to those great interests which all parties are desirous of protecting. Resolved that the Treasurer be requested to write a letter to the Treasurer of Middle Temple, stating the reasons why, from the exigency of circumstances, the Bench of the Inner Temple wrote a letter to the Master of the Temple, and also came to the Resolution on the subject of daily morning service at the Church during Lent, and expressing a hope that the Bench of the Middle Temple will co-operate with them.

417


1843 HILARY TERM (Cont'd.) Letter from the Master of the Temple, the Revd. Christopher Benson, February postmark Worcester, addressed to the Treasurer, dated 24111 1843, in reply to the Resolution of BTO 22nd instant, that divine service should be performed in the Church every day in the morning during Lent, read, as follows: "I am extremely glad to find that the matter of a daily service to which I alluded in the first Sunday in last Term, has not only engaged the attention of the members of the two Societies, but been so readily entertained and at the same time so judiciously treated by the Masters of the Bench. The limited experiment of Lent will make some proof of the expediency of the measure - a further continuance perhaps until the end of Trinity Term would still further test the propriety of its being made (the long vacation probably excepted) a permanent arrangement. I cannot doubt that the Masters of the Bench will make such appointments and take such steps as are requisite and right, but I should feel much obliged by being informed who the person is that is to be entrusted as the clergyman to read thc service in order that I may know on whom that Office is to be confirmed. I trust that the measure may be attended with those spiritual benefits it is intended to promote, and as you have written to me in the name of both Societies. may I through you express to both my thanks for their willing co-operation in carrying the design into effect as an experiment. P.S. The Benchers of the two Societies have no doubt adverted to the 2" clause of the Ecclesiastical Courts Bill and considered how far in its present state it is likely to bring the Temple under the Jurisdiction of the Bishop and Archdeacon of the Diocese.Resolved that the Treasurer be requested to write a letter to the Master explaining to him the circumstances under which a letter from this Society only was sent to him upon the subject of the morning service at the Church, and that the Treasurer do inform the Master that for the present it is not proposed that any other person than the Reader should officiate in the new service.


1843

EASTER TERM

BENCH TABLE Apr. 18

Present The Treasurer, Mr. Twiss, Mr. Holt, Mr. Burge, Mr. Platt and Mr. Hardy. Orders of the last term were read. Grand Day this term to be Wednesday,

May next.

Ordered that all the Judges, formerly members of this Society, be invited to dine with the Masters of the Bench in Trinity Term next, and that such day as the Treasurer shall so invite their Lordships, be Grand Day for Trinity Term. Petition of Mr. Alexander Pulling of No. 5 Essex Court, Temple, a student of this Society, read. As the third son of the late Captain George Christopher Pulling,R.N., and now of 29 years of age, he had applied at the Under Treasurer's Office in May 1838 to be admitted a member of the Society. At this time the petitioner was expressly informed that it was not necessary for him to be on the Books of the Society for more than three years before being called to the Bar, provided he complied with the existing regulations as to the keeping terms etc. Being prevented from keeping that term in the Hall, he postponed the completion of his said certificate until his return a few weeks afterwards. In the course of that vacation, having duly filled up the necessary forms, he was admitted a member of the Society from the month of June 1838, when he became a pupil in chambers of Mr. Cook, the Conveyancer, to the present moment. The petitioner expressed a wish to be called in the ensuing Trinity Term, when he will have duly kept all his terms and have been within a very few weeks of five years a member and student of the Society. The petitioner, has been informed by the Under Treasurer that owing to an alteration which took place in the regulations of the Society between the time of your petitioner's application for admission and his actual admission (by which a five years standing in the Books of the Society is now required in order to be called), it is necessary to obtain the sanction of the Bench Table before the petitioner's name can be placed in the call paper for Trinity Term. The petitioner requests his case of "the very trifling portion of time which is wanting to complete his full standing of five years" to be considered, which would otherwise bring him the apparent hardship of compelling him in consequence either to be called at another Inn or give up the prospect of being called as he proposes."And your petitioner will ever pray etc." Ordered that under the circumstances, the prayer of the petition be complied with. 419


1843 EASTER TERM (Cont'd.) BENCH TABLE Apr. 21

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Erle, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Whateley, Mr. Wortley, Mr. Wyatt, Mr. Hardy, Sir John Beckett and Mr. Hallam. Mr. Richard Musgrave, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. Corbet Hue, called to the Bar by Lincoln's Inn, to be admitted a member of this Society on his certificate from Lincoln's Inn. Sir Charles Wetherell, having moved, "that the Masters of the Bench do take into consideration the propriety of continuing the daily morning service at the Temple Church with a view to communicating with the Masters of the Bench of the Middle Temple on the subject". Resolved that it is the opinion of this Bench that it is desirable there should be daily morning service in the Temple Church, and that the Treasurer do communicate this opinion to the other Society with a view to obtain their concurrence. The Attorney General giving notice of motion for Tuesday next, "that there be a call to the Bench this Term". BENCH TABLE

Apr. 21

Present The Treasurer, the Attorney General (Sir Frederick Pollock), Sir Charles Wetherell, Mr. Burge, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. R.V. Richards, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Wyatt and Sir John Beckett. Henry Champion Partridge, Esq., a barrister, having paid all dues, to have his name withdrawn and his bond delivered up. The Attorney General's motion, "that there be a call to the Bench this Term": ordered that there be a call to the Bench this term, and that the gentlemen to be invited, be balloted for on Tuesday next, and the Masters of the Bench have notice thereof. Ordered that Griffith Richards, Esq., one of the Masters of the Bench, be allowed the present term as kept, without his attendance at the Bench Table, in consequence of his disposition.

420


1843

EASTER TERM (Cont'd.) PARLIAMENT Apr. 28

Present The Treasurer, Sir George Rose, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Evans, Mr. Wortley, Mr. Wyatt, Mr. Hardy and Dr. Lushington. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last vacation. BENCH TABLE

Apr. 28

Present The Treasurer, Sir George Rose, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Evans, Mr. Wortley, Mr. Wyatt, Mr. Hardy and Dr. Lushington. John Arthur Roebuck, Esq., having produced Her Majesty's Letters Patent constituting him Queen's Counsel: ordered that he be balloted for the Bench on Tuesday next, and that the Masters of the Bench have notice thereof. Dr. Lushington giving notice of motion for Friday next, "that the Bench do take into consideration the propriety of erecting a room for the accommodation of Mr. Calvert and the choir, and also of replacing the seats at present used by the choir, by seats in unison with the general appearance of the Church". BENCH TABLE

May 2

Present The Treasurer, the Attorney General (Sir Frederick Pollock), Sir Charles Wetherell, Mr. Law, Mr. Flolt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. R.V. Richards, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Dowdeswell and Mr. Flallam. Mr. William Henry Leathley, a student, having kept twelve terms, to have permission to practise as a Special Pleader. The thanks of the Society to be conveyed to Charles Purton Cooper, Esq., Secretary to the Commissioners on the Public Records, for his present to thc Library, presented on his behalf by George Spence, Esq., of a number of publications relating to thc old Public Records. Pursuant to BTO of 2' April, "that there term, and that the gentlemen to be invited James Russell, Esq., one of Her Majesty's proposed and seconded, and the balloting 421

be a call to the Bench this be balloted for this day", Counsel, having been box having been sent round


1843 EASTER TERM (Cont'd.) according to former custom, and the Treasurer having declared to the Bench the result of the ballot to be 17 white balls and 1 black and the balloting box having been sent round again twice, with the same result, the Attorney General moved that James Russell, Esq., be invited to the Bench. The Attorney General having postponed the above motion: ordered upon the motion of Sir Charles Wetherell, "that a Committee be appointed to inquire and report whether it appears from the records or the practice of the House that upon a call to the Bench one black ball is sufficient to carry a negative, and also to report any matters appearing upon the records or in thc practice of the House upon the subject-. Ordered that the Committee be formed of the following gentlemen, viz.: The Treasurer, the Attorney General, Sir Charles Wetherell, The Recorder, Mr. Holt, Mr. Platt, Mr. Starkie, Mr. Dundas, Mr. Whateley, Mr. Wortley and Mr. Wyatt. John Arthur Roebuck, Esq., having produced Her Majesty's Letters Patent constituting him one of Her Majesty's Counsel, and having been proposed and seconded and afterwards chosen by ballot. Ordered that he be called to the Bench at the Parliament to be held on Friday next, without prejudice to any right of precedency which Mr. Russell may be found to have acquired by the result of the ballot of this day with respect to him. PARLIAMENT May 5

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Whateley, Mr. Wortley, Mr. Wyatt and Dr. Lushington. Ordered that John Arthur Roebuck, Esq., be hereby called to the Bench. Messrs. Benjamin Wyatt Greenfield, John Hamden King, Hugh Weightman, Philip Lybbe Powys, Frederick Lowten Spinks, John Hillam Mills, Henry Stainton Laycock and Corbet Hue, called to the Bar. BENCH TABLE

May 5

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Whateley, Mr. Wortley, Mr. Wyatt and Dr. Lushington. Mr. Henry James Holthouse, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year.

422


1843 EASTER TERM (Cont'd.) Dr. Lushington, pursuant to notice having moved, "that the Bench do take into consideration the propriety of erecting a room for the accommodation of Mr. Calvert and the choir"; Mr. Evans moved as an amendment, "that the consideration of the subject of a room for the practising of the choristers be postponed for the present". The amendment having been put, the same was negatived. Ordered that the Bench do take into consideration the propriety of erecting a room for the accommodation of Mr. Calvert and the choir, and for which purpose the following gentlemen be a Committee to inquire what accommodation is necessary for the instruction of the choir and the expenses attendant upon such necessary accommodation: The Treasurer, Mr. Whateley, Mr. Wortley, Mr. Wyatt and Dr. Lushington. Dr. Lushington having moved, "that the seats of the choristers be made in conformity with the rest of the Church, at an expense not exceeding 140". Mr. Evans moved as an amendment, "that the subject of the seats of the choristers be referred to a Committee to report thereon". The amendment having been put, the same is negatived. Ordered that the seats of the choristers be made in conformity with the rest of the Church at an expense not exceeding ÂŁ140. Ordered that that above Resolutions be communicated to the Masters of the Bench of the Middle Temple, and that they be requested to concur therein.

Report of the Committee appointed by BTO 21d instant "to inquire and report whether it appears from the records or the practice of the House that upon a call to the Bench one black ball is sufficient to carry a negative, and also to report any matters appearing upon the records or in the practice of the House upon the subject", dated 5ffiMay 1843, read as follows: "The Committee report that it does not appear from any entry on the records of the Society, that one black ball is sufficient to carry a negative upon a call to the Bench. But they further report that one instance has occurred, though not entered upon the records of the House, which appears to your Committee to show that upon principle, one black ball is sufficient. The Committee allude to the case of Dr. Tyrwhitt. In the case of Mr. Howarth, it should seem that his name was withdrawn but under what circumstances the Committee is unintbrmed. Upon a reference to the Under-Treasurer, the Committee have learnt from him that his predecessor acquainted him that the reputation and understanding in the Society was, that one black ball is sufficient. The senior members of the Committee concur in the above statement.

423


1843 EASTER TERM (Cont'd.) Upon the whole, it is the opinion of the Committee that according to the practise of the Society, one black ball is sufficient. [signed]

Chas. Wetherell, Fras. L. Holt James S. Wortley"

W. Whateley, John Wyatt,

Ordered that the Report be referred back to the Committee to inquire into and report what werc the facts and circumstances in the case of Dr. Tyrwhitt, alluded to in the above Report. BENCH TABLE May 9

Present The Treasurer, the Attorney General (Sir Frederick Pollock), Mr. Holt, Mr. Erle, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Rogers, Mr. Evans, Mr. Baines, Mr. Roebuck and Mr. Wyatt. The following letter from S. B. Brocket, Esq., the Treasurer of the Middle Temple, addressed from the Parliament Chamber and dated May 6th 1843, was read, and ordered to be entered on the Minutes: "I am requested to inform you that the Benchers of Middle Temple unanimously consider your explanatory letter of the 4th March on the subject of the performance of divine service during Lent in the Temple Church is most handsome and satisfactory. Your communication last night relative to the choristers' seats etc. was laid before the Parliament, when the consideration of it was adjourned to the first Parliament in next term.The thanks of the Society to be conveyed by the Sub-Treasurer to Charles G. Prideaux, Esq., a barrister of Lincoln's Inn, for his present to the Library of a copy of his work, entitled, "A Practical Guide to the Duties of Churchwardens". The thanks of the Society to be conveyed by the Sub-Treasurer to John Thomas Graves, Esq., a barrister of this Society, for his present to the Library of a copy of his work on Roman and Canon Law. Mr. Daniel Race Godfrey, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Resolution of the Middle Temple in reply to the Resolution of this Society of 21' April last, upon the subject of daily morning service at the Temple Church, read:

424


1843

EASTER TERM (Cont'd.) "At Parliament held 5th May 1843 Resolved that it is not expedient under existing circumstances to make any alteration in the time of holding divine service in the Temple Church." Ordered upon the motion of Mr. Platt, that a copy of the above Order of the Middle Temple be sent round to the Masters of the Bench and that it be taken into consideration on the first business day in the ensuing Trinity Term with a view to the Bench determining what course this Society should adopt under the circumstances. BENCH TABLE May 12

Present The Treasurer, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Rogers, Mr. Armstrong, Mr. Whatelcy and Mr. Wyatt. Robert Scott, Extra Clerk in the Treasurer's Office at a salary of E85 per annum, having set forth by petition that he had been in the employ of the Society for ten years and praying for an increase: ordered that his salary be increased to ÂŁ105 per annum. The House Watchmen, having by petition applied for an increase of pay: ordered that their petition be not complied with. Elizabeth Dollery, widow of William Dollery, late Under-Washpot, having by petition applied for relief: ordered that the sum of E 10 be given to her and that the same be paid in small amounts according to the Sub-Treasurer's discretion. Henry and John Gardner, two of the children of the late Sub-Treasurer, having applied for a continuance of their allowance for another year: ordered that the sum of El7 12s. be allowed to Henry Gardner and the sum of E12. I 6s. to John Gardner, thr one year. Ordered that the allowance of ÂŁ22 to Aurelia Gardner the youngest child of the late Sub-Treasurer, be continued for another year. Ordered that the sum of E5 be given as a charity to Koturah Parsons, widow of Charles Parsons, late a servant of the City Gas Company employed to light the lamps in the Temple, in consequence of an injury he received when lighting the lamps at Paper Buildings. John Plampin having set forth by petition that he was occasionally employed by the late, and present Clerk of the Temple Church, to officiate for them during afternoon service, and that in consequence of the alteration of the service at the Church, his services were no longer required, he therefore prayed his case might be taken into 425


1843 EASTER TERM (Cont'd.) consideration with a view to his being afforded relief: ordered that his petition be rejected. Ordered that the sum of twenty five guineas be granted out of the funds of this Society in aid of the funds of King's College Hospital. Mr. Rogers giving notice of motion for the first business day of next term, "that accommodation in the students' seats of the Temple Church be afforded to such persons not being members of the Society of the Inner Temple as dwell in chambers which they rent of the Society, and who are not members of any other Inn of Court, nor have any other residence in London". Ordered that Mr. Burge and Mr. Wyatt be authorized, in conjunction with the Middle Temple, to dispose of the old Purbeck marble columns, caps and bases taken from the Temple Church.


1843 TRINITY TERM

BENCH TABLE May 26

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Law, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Rogers, Mr. Chilton, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Wyatt, Mr. Dowdeswell and Sir John Beckett. Orders of the last term were read. Mr. William Wright, a student, having paid all dues, to have his name withdrawn, his deposit returned and his bond delivered up. Mr. Dunbar John Cother, a student of Lincoln's Inn, to be admitted a member of this Society on his certificate from Lincoln's Inn. Letter from the Master of the Temple, addressed to the Treasurer of the Inner Temple, dated May 23'd 1843, read, as follows: "The Master of the Temple begs leave to state that he cannot consider the lace embroidered article, which is placed on the top of what ought to have been a communion table, but is an altar, to be consistent with the requisition of the rubric, that "a fair linen cloth" be put upon the table when there is a sacrament. He also much regrets the substitution of an altar instead of the table which was formerly in the Church, both as an innovation not in harmony with the prayer book, and as implying a doctrine the Liturgy does not sanction. An altar implies a sacrifice, and is not consistant with any views of the Lord's Supper except those held respectively by Papists, Laudians, Non-jurors, and Tractarians." Ordered that it is the opinion of this Bench, that the Master's wishes (that a fair linen cloth without embroidery or lace should be placed upon the Communion Table) ought to be complied with, and that this opinion be communicated to the Masters of the Bench of the Middle Temple. Copy of the following draft clause, proposed to be introduced into the Ecclesiastical Court Bill, now under consideration in Parliament, sent to the Bench by Sir John Nicholl M.P. "Provided always, and be it enacted that the Royal residences and churches and chapels for the personal use and resort of the Sovereign, whether such churches or chapels now exist or may hereafter be founded, and the Royal Hospital of St. Katherine in and the palaces and chapels of the Archbishops and Bishops of the Realm, and all cathedral and collegiate churches, and the Dean and 427


1843 TRINITY TERM (Cont'd.) Chapter, minor canons, members of the choir, and officers thereof as such, and the two Universities of Oxford and Cambridge, and all colleges and halls within the same, and all chapels within such colleges or halls, and the churches and chapels of the Inns of Court and the Rolls Chapel in and the chaplains, preachers, ministers and officers of such churches or chapels as such, and all private chapels whether belonging to an individual or to any hospital, college or other like institution and used only for the resort of such private individual and his family, or of the inmates of such hospital, college or other institution, and not for public worship, shall respectively be subject to the same jurisdiction and visitation as heretofore and none other, and such thereof as are donatives, shall as to admission and lapse, be subject to the same laws as heretofore and none other." Ordered that the Sub-Treasurer do communicate to Sir John Nicholl that the Masters of the Bench do approve the same. Resolution of the Joint Committee of the two Societies appointed to carry into effect the Resolution for the establishment of a choir at the Temple Church, at a meeting held in the Parliament Chamber of the Inner Temple, 22nd May 1843, read, as follows: "It is resolved, that this Committee, having considered the peculiar duties required from the organist of the Temple Church in connexion with the choir, and from their own observations together with the opinions of several musical professional gentlemen and others, the Committee consider that in consequence of the present organist's affliction of blindness, it is impossible with a due regard to the perfect performance of the Choral Service as now established at the Temple Church, that he can any longer be continued organist with the choir. The Committee therefore consider it their duty to recommend to the respective Benchers of the two Societies that he should be removed, and that an organist fully competent to the performance of Cathedral Service should be appointed in his room. The Committee beg to observe that they have come to this Resolution with a feeling of deep regret, considering that Mr. Warne has now been the Organist for a period of 17 years, and that he has executed the duties hitherto required of him with considerable skill and ability, and much to the satisfaction of the congregation formerly frequenting the Temple Church; but that his unfortunate affliction totally disqualifies him from presiding at the organ where Choral Service is required to be performed." Ordered that the Resolution of the Committee be adopted on the part of this Society, and that a copy of this Order be communicated to the Masters of the Bench of the Middle Temple.


1843

TRINITY TERM (Cont'd.) Ordered that Mr. Platt's motion, "that the Bench do take into consideration this day the Middle Temple Order of 5th May instant, upon the subject of daily Morning Service at the Temple Church, with a view to the Bench determining what course this Society should adopt under the circumstances", be adjourned. Resolved that until further Order, accommodation in the students' seats on the Inner Temple side of the Temple Church, be afforded to such persons, not being members of the Society of the Inner Temple, as dwell in chambers which they rent of the Society, and have no other residence in London. Ordered that the following letters relative to His Royal Highness, the Duke of Cambridge, the Duchess, family and suite's intention of attending divine service in the Temple Church on Sunday next, be entered on the Minutes. Letter from S.B. Brocket, [Esq., Treasurer] of Middle Temple, to the Treasurer of the Inner Temple, dated 26'h May 1843: "His Royal Highness, the Duke of Cambridge, with the Duchess, family and suite will be at the Hall of this Society at a 1/4before 11 o'clock On Sunday Morning next, to proceed to attend divine service in the Church. I am requested on the part of the Bench of this Society to request the pleasure of your Company and any of the Masters of the Bench of your Society to be present here to receive the Royal Party and accompany them to the Church and to partake of refreshment in the Hall after service." Reply from the Inner Temple Treasurer to the Treasurer of Middle Temple, dated 26'h May 1843: "1 beg to return the thanks of this Bench for the communication respecting the proposed attendance of His Royal Highness, the Duke of Cambridge, the Duchess, family and suite at divine service at the Temple Church on Sunday next, and to assure you that it will give the greatest pleasure to the Masters of this Bench to have the honour of assisting in the reception of the Royal Party." Thomas Joshua Platt, Esq., having presented to the Society a composition miniature portrait ofJohn Wyatt, Esq., one of the Masters of the Bench: ordered that the same be received, and the Treasurer to express the thanks of this Society to Mr. Platt, at his place at the Bench Table.

429


1843

TRINITY TERM (Cont'd.) BENCH TABLE May 30

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Law, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Baines and Mr. Wyatt. Order from the Middle Temple upon the subject of the Sexton, read, as follows: "At a Parliament held on 26th May 1843. The Report of the Committee of 12th instant, relative to the petition of Thomas Collett, Sexton, having been laid before this parliament as follows: The petition of Thomas Collett, Sexton, which was also referred to the Committee, was read, and it appeared that he was already possessed of an allowance from the Society of £40 per annum as superannuated Puisne Bench Butler. The Committee took into consideration his advanced age of 75 years and his long servitude (48 years), and his salary as Sexton being paid in moieties by the two Societies, amounting to £30 per annum. They beg leave to recommend to Parliament that the sum of £10 per annum be allowed to him as this Society's moiety of his retiring pension as Sexton, the Committee having no doubt but that the Society of the Inner Temple will pay the other moiety. Ordered that the same be confirmed." Ordered that the like sum of £10 per annum, be allowed to Thomas Collett, as this Society's moiety of his retiring pension, during the pleasure of the Bench. Ordered that the Treasurer be requested to appoint a Sexton in the room of Thomas Collett, resigned, it being this Society's turn to appoint. The following Orders, received from the Middle Temple, were also read: "At a Parliament held on 26th May 1843. The Inner Temple Bench Table Resolution of 15thFebruary last, as to a permanent double choir in the Temple Church, read, and the same is confirmed on the part of this Society.

430


1843 TRINITY TERM (Cont'd.) Letter from the Treasurer of the Inner Temple, dated 5th instant, relative to the accommodation necessary for the instruction of the choir and the seats for the choristers, read. It is resolved by this Society: That it is expedient that a Committee should be appointed to enquire what accommodation is necessary for the instruction of the choir and the expense attendant upon such necessary accommodation. That the seats of the choristers be made in conformity with the rest of the Church at an expense not exceeding ÂŁ140

The letter from the Master of the Temple, dated 25th instant, and the Inner Temple BTO thereon, dated this day, having been laid before this Parliament: ordered that this Society do concur in the opinion of the Masters of the Bench of the Inner Temple. Inner Temple BTO, of 12th instant, read. It is ordered that Mr. Pollock and thc Hon. Mr. Talbot, two of the Masters of the Bench of this Society, be appointed to assist Mr. Burge and Mr. Wyatt, two of the Masters of the Bench of the Inner Temple, to dispose of the old Purbeck marble columns, caps, and bases taken from the Temple Church. The Resolutions of the Joint Committee of the two Societies, dated 22n1 instant, relative to the organist, read. It is ordered on the part of this Society that the consideration thereof be adjoined.PARLIAMENT Jun. 2

Present The Treasurer, Sir Charles Wetherell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Whateley, Mr. Hardy and Dr. Lushington. Dissolved. BENCH TABLE

Jun. 2

Present The Treasurer, Sir Charles Wetherell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Whateley, Mr. Hardy and Dr. Lushington. I No Minutes for this date are recorded in the Bench Table Order Book.]

431


1843 TRINITY TERM (Cont'd.) BENCH TABLE Jun. 6

Present The Treasurer, Mr.Preston, Mr.Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Whateley, Mr. Hardy and Dr. Lushington. Ordered that Charles Francis Bamford be admitted a member of this Society for the purpose of holding upon his own life the chambers situate one pair of stairs south No. 7 King's Bench Walk, upon the assignment of the late Mr. Jeremiah Simpson, and according to the BTO of 20th November 1821. Report of the Joint Committee appointed to consider the accommodation required for the choir, dated 6th June 1843, read, as follows: "The Committee appointed by the Inner Temple BTO of 5th May, and by the BTO of the Middle Temple of 26th of the same month, to inquire what accommodation is necessary for the instruction of the choir, and the expenses attendant upon such necessary accommodation, have to report to their respective Benches that they have fully considered the subject referred to them. They are of opinion that it is absolutely necessary some accommodation should be given by the erection of a room in which the Choir Master could assemble the boys for the purpose of practising and instruction and also for the accommodation of the choir between the morning and afternoon services, and likewise for the reception of the music. For these purposes the Committee recommend that a room should be erected over the furnace room at the north side of the Church, according to a plan submitted to the Committee by the architects, at the contract estimate of ÂŁ185 15s. 1 1d., and that such room should be furnished and fitted up with closets for surplices, music, books etc. at the cost furnished to the Committee of f.45 10s." Ordered on the part of this Society that the Report be confirmed, and that a copy of this Order be communicated to the Masters of the Bench of the Middle Temple. Mr. Spence giving notice of motion for the first business day after term, "that a gratuity of fifty guineas be granted on the part of this Society to Mr. Rowe, the Foreman of the carpenters, for his valuable services during the repair of the Temple Church". Ordered that the Sub-Treasurer do search the records of the House, and copy the BTOs of 21' Nov 1834, 30th Apr 1841, and 13thJan 1843, respecting the case of John Horatio Lloyd, Esq., a barrister of this Society, together with the names of the Masters of the Bench resent on those occasions, and to embody the same in an affidavit, to be sworn to by him at Westminster. 432


1843 TRINITY TERM (Cont'd.) PARLIAMENT Jun. 9

Present The Treasurer,Sir George Rose, Mr. Law, Mr. Erle, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Wyatt and Sir John Beckett. Messrs. John Lane, Charles Forster,George FrederickPollock, Robert Tassell, George Fortescue Wilbrahamand Alexander Pulling, called to the Bar. William Erle, Esq., to continue as Reader of this Society for the next Trinity vacation. Charles Francis Bamfordof the InnerTemple, gentleman, the executor named in the last will and testamentof Mr. JeremiahSimpson (late a member of this Society, deceased), has nominated and appointed himself, the said Charles Francis Bamford, aged forty three years on 22 October last, to be admittedupon the assignment in and to all that chamber(late the said JeremiahSimpson's) situate one pair of stairs south No. 7 King's Bench Walk (formerly known by the name and description of a chamber situate up one pair of stairs on the left hand in Sir Thomas Robinson's Building) and the cellar thereunto belonging, and thereforerequest and desires that he, the said Charles Francis Bamford, may be thereuntoadmittedfor his own life thereupon.It is at this Parliamentorderedthat the said Charles Francis Bamford be admitted in and to the said chamberand the cellar thereuntobelonging for his own life, paying the sum of five pounds for the same pursuantto former Acts of Parliamentof this Society in such case made and provided. BENCH TABLE

Jun. 9

Present The Treasurer,Sir George Rose, Mr. Law, Mr. Erle, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Wyatt and Sir John Beckett. Orderedthat the Treasurerbe requestedto appoint a Waiter in the room of Lewis Roberts, late 9" Waiter,deceased. Mr. Spence giving notice of motion for Friday,23' instant,"thatthe InnerTemple vergers of thc Temple Churchbe allowed a salary for that duty of ten pounds each for one year". BENCH TABLE

Jun. 13

Present The Treasurer,Mr. Law, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Whateley, Mr. Baines, Mr. Wyatt, Mr. Hardyand Dr. Lushington. 433


1843 TRINITY TERM (Cont'd.) Edward Whateley, Esq.. a barrister, having paid all his dues, to have his name withdrawn and his bond delivered up. Bench Table Orders of the Middle Table, dated 91 instant, read, as follows: "At a Parliament of the Middle Temple held on 9thJune 1843. Upon the Resolution of the Joint Committee of the two Societies, dated 22nd May last, relative to the removal of Mr. Warne, Organist, having been read, as also his letter dated 27th May: resolved on the part of this Society, that the further consideration of this subject be adjourned to the first Parliament in the next temi in order that Warne, the Organist, may have a fair trial. Ordered that the consideration of the Resolution of the Joint Committee of the two Societies, dated 2nd instant, upon the subject of a pension to Mr. Warne do stand over. BTO of the Inner Temple, dated 6th instant, upon the Report of the Committee, bearing the same date, respecting the accommodation necessary for the instruction of the choir and the expenses attendant upon such necessary accommodation, read. It is ordered on the part of this Society that the consideration thereof, be adjourned to the adjourned Parliament appointed to be held on 23n1 instant." Ordered that in conformity with the Resolution of the Middle Temple, Mr. Warne do have a proper trial. Ordered that Charles Powell, Esq., a barrister of this Society, be permitted to have the first refusal of any ground floor set of house chambers which may fall vacant. BENCH TABLE Jun. 16

Present The Treasurer, Sir Charles Wetherell. Mr. Holt. Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton. Mr. Dowdeswell, Mr. Hardy and Sir John Beckett. Mr. James Baldwin Brown. junior, a student. having paid all his dues, to have his name withdrawn, his deposit returned and his bond delivered up. The attention of the Bench called to the 85' section of a Bill now in Parliament. for the better regulatimz the buildings in the Metropolitan Districts. Ordered that the Treasurer be requested to write a letter to

434


1843

TRINITY TERM (Cont'd.) Lord Lincoln, the promoter of the Bil1,4 requesting him to have a clause inserted in it, exempting the Inner Temple from its operation, similar to the clause inserted in the Buildings Act 14 Geo. III c.78 s.32. Report of the Church Committee, dated 8'h June 1843, read: "Letter from Mr. Smirke, the Architect, from 24 Berkeley Square, dated June 6th 1843, read as follows: With regard to the polish on the Purbeck marble work at the Temple Church, I think that the experience of the last twelve months would satisfy us of the want of permanence in that polish, even were we without other evidence, but in truth the state of all Purbeck marble in old buildings proves that thc indurated marle in which the shells are embedded, and which in fact is the principal component part of Purbeck marble, is extremely liable to superficial decay. I am therefore decidedly of opinion that some artificial means should be adopted to prevent this. I believe that no application of oil will answer, it soon perishes or evaporates, and I know of nothing so likely to answer as the hard resinous varnish called French polish. If used pure, it has very little colour and is not liable to discolouration by time, as all oils are. It is true some little oil is used in French polishing, but it is used under the varnish which protects it from the air exposure to which is I believe the chief cause of oils getting brown. Mr. Rowc's estimate for treating in this manner the whole of the polished marble work at thc Temple is ÂŁ37, which appears to me extremelylow. Indeed, Mr. Burton and I both thought he had made a mistake, but at this amount he is, I find, ready to contract for thc work. To keep this polish in proper order so that it shall at all times be in a perfect state, he offers to contract for ÂŁ26 per annum. Should this sum be agreed to, it should I think be made liable to future correction if experience should prove it to be too much. These estimates include removing and fixing the necessary scaffolding and ladders, but not providing them." The Committee recommend to the respective Benches that the recommendation of Mr. Smirke should be adopted as to the polishing all the Purbeck marble in the first instance, and which should be done immediately to prevent any further injury, but as to any annual contract, the Committee are of opinion that circumstance requires further consideration." Ordered that the recommendation of the Committee be adopted on the part of this Society.

4

The Metropolitan Buildings Hill

section tt5 rekrs to party walls etc. between intermixed properties.

435


TRINITY TERM (Cont'd.) Final Report of the Church Committee read, together with a statement of the total expense of the repair and restoration of the Temple Church. 'Temple Church Final Report of the Church Committee of the two Societies approved at a meeting of the Committee, the 12thJune 1843. The Committee appointed by the Bench Orders of the two Societies dated respectively, 24th April 1840 and 8thMay 1840, to superintend the alterations and repairs of the Temple Church have the satisfaction after their 195thmeeting to present to the respective Benches of the two Societies their final Report. The Committee have thought it would be satisfactory to the Benches to have a general outline of the proceedings which have taken place in this extensive undertaking from the beginning. On 4th May 1838, Mr. Burge was authorized in conjunction with the Middle Temple to cause such improvements to be made in the organ as might be thought requisite. On 14thJune 1839, a letter was received from the Surveyor of the Middle Temple of this date, stating that the Masters of the Bench of that Society had ordered the interior of the Church to be repaired and beautified, and some portion of the external wall etc. to be repaired, and requesting the concurrence of the Inner Temple therein, when Sir Robert Smirke was directed to make inquiries in conjunction with the Surveyor of the Middle Temple on the subject. By reason of a communication from Sir Robert Smirke, dated 31 July following, the matter was postponed. On 24th April 1840, the Benchers of the Inner Temple ordered that the Treasurer and the Deans of the Church, namely Mr. Wyatt, Mr. Burge and Mr. Spence, who had previously been appointed under this designation to have the care of the Inner Temple side of the Church. should be authorized in conjunction with the Middle Temple to cause the Church to be repaired and beautified as proposed by the Middle Temple. In addition to which, the Bench of the Inner Temple. on their part. authorized the Committee to adopt means tbr the more effectual warmim2 [of] the Church, and tbr these purposes it was directed that the Church should, with the concurrence of the Middle Temple, be closed after the last Sunday of the ensuing Trinity Term. On 8th Nlav. the Middle Temple concurred in these propositions and appointed tbur of their members. namely the Treasurer. Mr. Casherd. Mr. Newland and Mr. Bethell as members of the Joint

436


1843

TRINITY TERM (Cont'd.) Committee for carrying them into effect, and they were also authorized to concur in rendering the organ more effective. Mr. Girdlestone first, and then Mr. Mayers has since been substituted for Mr. Casberd. Mr. David Pollock, the Treasurer of 1840, has been permanently appointed a member on the part of the Middle Temple and Master Dowdeswell, the Treasurer of 1842, has been appointed a permanent member of the Church Committee on the part of the Inner Temple. The Joint Committee having inspected the Church, on 29th May 1840, presented a Report in which they submitted to their respective Benches that in their opinion, it would be proper that the following works should be undertaken: "That the roof be repaired and new slated. That the entrance doorway and porch be restored to its original state. That the east end be repaired as far only as required for its preservation. That the interior of the Church and Round Tower be repaired and cleaned, also the table monuments, pavement etc. That the woodwork of the pews, pulpit, reading desk, altar screen, organ loft be repaired and revarnished. That the stonework of thc Church and Round Tower Purbeck pillars, the groins of the ceiling etc. be not recolo[u]red but that they be restored to their original state. That a suitable railing be put round the monumental figures and that the figures be repaired. That a dwarf railing be put in the organ loft. That the two arches at each side of the organ be opened. That new furniture and fittings be provided for the Church. That two new chairs be provided for the altar. That the Church and the Round Tower be warmed by means of a hot water apparatus. That the organ be repaired and pipes regilt.

437


1843 TRINITY TERM (Cont'd.) The Committee also recommended the consideration of removing the screen under the organ, and the altar screen." On the same 29th May, this Report was confirmed by the Bench of the Inner Temple and the subject of removing the screen under the organ and the altar screen was referred back to the Committee with directions to obtain estimates. On the same 29th May, the Bench of the Middle Temple also adopted the Report of the Committee and ordered that the Committee should make such alterations in the screen as might appear advisable and full power was granted to the Committee on the part of the Middle Temple to give directions throughout, in conjunction with the Committee of the Inner Temple. On 29th May 1840, the Committee addressed a letter to the Master of the Temple inviting him to attend an adjourned meeting of the Committee, in order that they might confer with him and have the benefit of any suggestions that might occur to him on the matters then in contemplation. The Master did favour the Committee by attending with them in the Church, when he strongly recommended the removal of the monuments. The Master has all along been in the habit of friendly intercourse with one of the members of the Committee, and he has been from time to time apprised of the nature of the proposed improvements. On 2ndJune 1840, the Middle Temple Order of 291 May was adopted by the Inner Temple and the like powers were given to the Committee on the part of the Inner Temple and on the motion of the senior member of the Bench, the Treasurer was requested to write a letter to the Middle Temple thanking them for their ready concurrence in the proposed improvements in the Church. These Resolutions had the effect of completely altering the nature of the repairs and embellishments originally proposed. On 10thJuly 1840, the Joint Committee, in consequence of a notice of motion given at the Bench of the Inner Temple, presented a Report to the Bench of the Inner Temple in which they stated that they had given Orders for the works sanctioned by the two Benches on Nth May, and that in the progress ot' those works they found it necessary to extend their Orders in the following manner: "To have the pewing, pulpit etc. removed altogether and seats substituted and to have a Gothic pulpit and reading desk erected. To have the Church lowered to the original paving, including the Round Tower. 438


1843

TRINITY TERM (Cont'd.) To remove the present wainscoting and restore the ashler. To remove the organ. To erect a chamber for the reception of the organ and to make a new vestry under it." The Committee in this Report entered into many explanatory details for the purpose of showing the necessity of the several directions which they had thought it necessary to give. On this Report being presented, it was moved that the Bench do take into consideration the progress and present state of the works at the Temple Church; what has been done, what is intended to be done, and the probable expense to be incurred, and to make such an Order upon the subject as shall be deemed necessary, and it was proposed that the following Resolutions should be adopted, viz.: That thc Report of the Committee of the two Societies made on 23rj May last, relative to the repairs of the Temple Church, organ, etc., and confirmed by the BTO 29th May, has not been adhered to, that the estimates now produced greatly exceed those then laid before the Bench and sanctioned by them, and that it is therefore necessary that the Bench do determine to what extent the deviations from thc plan set forth in the Report be sanctioned, and to invest the Committee with further powers to carry those so sanctioned into effect. That the lowering to the original level the pavements of both Churches, and the repairing of the Church at the expense now estimated be authorized by the Bench. That it is inexpedient to allow any of the windows of the Church to be disturbed, or in any way to break out of the building for sake of accommodating the organ. That, regard being had both to the beauty of the building, and the effect of the instrument, the space above the western entrance appears to the Bench to be the most eligible position tbr the organ. That the Committee of this Bench be instructed to obtain if possible, the concurrence of the Middle Temple in placing the organ in this position. That if such concurrence cannot be obtained, no steps be taken towards putting up the organ until all the repairs and other alterations shall have been completed, and the Church shall have been opened for divine service. And, that then the Masters of the Bench 439


1843 TRINITY TERM (Cont'd.) of the Middle Temple be requested to confer with this Bench in order to determine the best position for the organ. After discussing thereon all the above Resolutions, except the 3rd (viz, that it is inexpedient to allow any of the windows of the Church to be disturbed, or in any way to break out of the building for sake of accommodating the organ) were withdrawn, and an amendment on that motion having been moved, it was resolved that the Bench see no reason to interfere with the proceedings of the Committee in reference to the repairs of the Temple Church. But that the Committee's attention be most particularly solicited to the position of the organ. On 3rd November, the Joint Committee presented a Report to their respective Benches stating that they had much considered the position for the organ, had taken the opinion of several architects etc. (whose opinions were annexed) and upon which and their own consideration of the subject, thcy had adopted the plan of an organ chamber and given directions for its erection. They also presented Messrs. Potter and Garrett's plan for warming the Church, adopted by the Committee together with the estimate. The Committee then proceeded to state the progress of the works to that time, and noticed the dilapidated state in which they had found the Church to be. That Mr. Cottingham had been called in to report upon this subject and had represented the fabric to be in a dangerous state. That the Committee upon this representation, and upon the Report of Mr. Savage, to the same effect, had considered themselves justified in giving, and had accordingly given Orders to proceed with, and make the reparation as complete and substantial as possible. That the Committee finding the ceiling had formerly been painted, had given directions to have the painting restored. The Committee in this Report, also recommended the alteration of the porch and public footway of the Inner Temple Lane. They also recommended stained glass for the three east windows and centre south window. The Committee reported that in order to carry out the repair of the walls and ashlar, the monuments and tablets had been removed with a view to such reparation, and the Committee recommended that they should not be reinstated but that a monumental cloister should be erected for their reception. 440


1843

TRINITY TERM (Cont'd.) The Committee included in their Report an abstract of Mr. Savage's Report as to the increase of the estimates in consequence of the above works. Various explanatory documents and Reports were attached to this Report of the Committee. Copies of all the above Reports were ordered to be sent to the members of the Bench of the two Societies. The original estimate referred to in Mr. Savage's additional estimate, an extract from which is included in the above Report, amounted to E4,215, which is marked G' in the papers already submitted to the two Societies. The additional estimate above referred to, which is marked 'El' in the papers already submitted to the Societies, amounted to E14,550, making in the whole ÂŁ18,765. This was exclusive of the expense attending the improvement of the organ. The original ground plan of the seats included in the above estimates was retained for reference by the members of both Benches. The other plans were left with Mr. Savage. On 24th November 1840, it was ordered by the Bench of the Inner Temple that the entrance porch be altered as recommended by the Committee. That stained glass be placed in the four windows as recommended, and that the consideration of the proposed monumental cloister be postponed. On 151hJanuary 1841, the Joint Committee made a Report to the two Societies in which they called the attention of the Benchers to the propriety of the east end of the Church being completely repaired, instead of its being only partially repaired, to the restoration of the staircase turret to receive the bell, and the construction of a monumental cloister. They communicated that the Middle Temple had sanctioned the complete repair of the north side of the Church. They further stated that the Benches, having sanctioned the placing stained glass in the four windows, the Committee had been compelled to order such a complete repair and alteration of the windows at the east end of the Church as should receive the stained glass. The Committee informed the Benchers that they had adopted tile paving instead of Perbeck marble and submitted two Reports 13IhJanuary 1841. of Mr. Savage upon these subjects, dated eand On 15th January 1841, an Order was made by the Middle Temple sanctioning the complete repair of the east end of the Church, the repair of the turret and the erection of a monumental cloister, but directing that the monumental cloister should not be proceeded with till 441


1843

TRINITY

TERM (Cont'd.)

a plan was laid before the Bench. This Order was laid before the Bench of thc Inner Temple on 9th day of January 1841 and, on 22" of the same month, such Order was adopted by the Inner Temple. January 1841, the Committee presented a Report, On 29111 accompanied with a plan of a monumental cloister at the east end of the Church which had been approved by the Committee on 1oth of the same month. On the same 16thJanuary, a letter was addressed to thc Master by direction of the Committee, submitting that plan to him and requesting his approval. The Committee, from their previous communications with the Master, who had particularly desired the removal of the monuments, entertained an expectation that it would be approved by him. This plan was, however, objected to by the Master for reasons stated in a letter of 23rd January, addressed to the Committee. The plan was therefore altered with a view to meet the Master's objections and, on 26`h January 184 I, the Master favoured the Committee by attending a meeting on that day, when he stated that his objections to the then proposed plan were not removed and intimated that it would be better that all future communications on the subject January, should be in writing. The Master accordingly, on 29111 addressed another letter to the Committee stating his objections. These January, in letters were set out in the Report of the Committee of 29111 consequence of which the question as to the erection of a cloister was at the request of the Committee adjourned. The estimated expense of thc works sanctioned by the Benches of the two Societies, over and above the former amount of ÂŁ18,745 (including the projected cloister, which was estimated at ÂŁ2,500) was E5,062, but which cloister as the Benches are aware has not been erected. The estimated expense of the proposed embellishments not sanctioned by the Bench amounted to OW more. It happened that at the time the works were undertaken, Sir Robert Smirke, the Architect of the Inner Temple, was not in a state of health to admit of his giving his attention to the repairs of the hurch. The sole duty of architect therefore fell upon Mr. Savage, the Architect of the Middle Temple. All the reports, plans and estimates presented to the two Societies were made by him alone. The Committee until the period next adverted to, had no reason to be dissatisfied with Mr. Savage, indeed he displayed a zeal in carrying on the works which commanded their confidence. The Committee, on 2ndMarch 1841, with a view of ascertaining the amount of the expenses incurred, ordered that Mr. Savage should lay before them at their next meeting a statement of what was then due to the different tradesmen. This March. Order was not complied with, though it was repeated on 9111 He was desired to state in answer to a written paper then delivered to him, how much would be required to complete each branch of the works. The answer to this paper was not furnished. This circumstance,

442


1843 TRINITY TERM (Cont'd.) with others, induced the Committee to suspect that the estimates were likely to be exceeded. Consequently, in the same month of April, two of the members of the Committee called before them the two principal tradesmen employed, and examined them as to their accounts for works done, and as to the works in progress. The result of this examination was laid before the Committee and fully confirmed them in their suspicions. They found that there was likely to be an excess in the mason's work of ÂŁ4,020 (paper marked 'A') and in the carpenter's work of upwards of 0,000 (minutes of examination, marked `D'). These circumstances demanded and received the immediate and especial attention of the Committee. The Committee had been assured by Mr. Savage in answer to questions put to him at almost every meeting, from the beginning of January then last as well as at private interviews, that the estimates were not likely to be exceeded. They discovered from the examination, above referred to, that orders had been given by Mr. Savage for an alteration in the wood carving, without their sanction, which had very greatly increased the exdpense. This, and the other circumstances detailed in the Report of 23` April 1841, induced them to stop the works, which they did on 20th April, and to report the whole of the circumstances to the respective Benches. This Report was accompanied by a statement drawn out under the directions of the Committee by one of its members, showing the amount of the original estimates, and the amount of the expense so far as could then be ascertained for the completion of the works (see paper marked 'E' referred to in the Report). Copies of this Report, and of the accompanying documents, having been sent round to each Bencher, it was taken into consideration by the Benchers of the Inner Temple on May following, when it was ordered: that Mr. Savage report upon Burnell's account. that Mr. Savage furnish his own account. that it be referred to two architects to make a general investigation of the works and the accounts. that Mr. Savage give up all drawings, plans etc. that Sir Robert Smirke be requested to act on the part of the Society of the Inner Temple, as one of the architects, to make such investigation, but which he declined to undertake on account of his state of health. With some immaterial alterations, these Resolutions were adopted by the Middle Temple. On 25t11May 1841, a deputation from the two Societies was authorized to consider of the appointment of two architects to 443


1843 TRINITY TERM (Cont'd.) investigate the accounts under the 3`d Resolution of l't May before mentioned. The gentlemen so appointed, namely, Sir Charles Wetherell, Mr. Burge, Mr. Spence, Sir John Beckett, Mr. Pollock, Mr. Andrews, Mr. Girdlestone and Mr. Newland, having met on June and 8th June respectively, Mr. Sidney Smirke and Mr. Decimus Burton were appointed to investigate the accounts etc., according to such 3rd Resolution of 1stMay 1841. On 22nd June 1841, a Report of Messrs. Burton and Smirke, was presented to the two Societies, in consequence of which, they were authorized to proceed with a portion of the works. On 14thJuly, the Church Committee communicated to the Benchers of the two Societies, the opinion they had come to, that the services of Mr. Savage in the further prosecution of the works should be dispensed with. The Benches of the two Societies concurred in this recommendation, and appointed Messrs. Burton and Smirke, the Architects for the completion of the works, and from that time the works have been under their direction. On 17thJuly, the Architects presented a Report, which was laid before the two Benches by the Church Committee, in which they stated what works they recommended, should be completed to carry out the design, mentioned in the Report of 3rd November 1840. In the same month of July, the two Societies resolved that the works should be proceeded with according to the recommendation of the Architects, but that an estimate should be furnished by them as soon as possible. It will be recollected that according to the original plan adopted by the Societies the stalls would have been detached from the wall leaving a space or passage of 3 feet. The stalls were left in the Inner Temple Hall for the inspection of the Masters of the Bench of both Societies. On 6th October 1841, it was resolved by the Inner Temple that the subject of the position of the seats in the Church should be reconsidered and that the Architects should make a full report thereon. In this, the Middle Temple afterwards concurred. On 12thNovember 1841, a Report of the Church Committee was presented to the two Societies, dated 5th November, 1841, stating the progress then made in the works according to their instructions, and communicating a plan proposed by the Architects for carrying back the seats to the wall, by which means additional sittings would be procured. The cost was estimated at E700. This was accompanied by a Report of the Architects, dated 4th November, in which they intimated 444


1843 TRINITY TERM (Cont'd.) that the total amount of the cost of the works then in progress would not be less then ÂŁ45,000. This Report was confirmed by the Bench of the Middle Temple on 19t1November 1841. After various adjournments, the Bench of the Inner Temple also on 15th December confirmed the Report of 5th November as to providing additional sittings. On 10th December 1841, the Committee, having in pursuance of the directions of the Benches of the two Societies of 19th and 22nd January 1841, caused a plan for a monumental cloister to be prepared by the Architects, the Committee presented the plan to the two Societies. This plan included the forming [of] an approach to the Church from King's Bench Walk, through the Old Exchequer Office, and the forming [of] a monumental cloister out of the Exchequer Office and the connecting passage. The Benches of the two Societies came to a Resolution that it was not expedient to convert the Exchequer Office into a monumental cloister as proposed. On 15th April, the Church Committee presented a Report of the Architects, dated 16th March 1842, in which they stated the progress of the works and in which they recommended that in addition to the works in progress, new sashes in the south windows, corresponding with the stained glass window, should be substituted. The Architects also recommended that there should be some additional decoration in the Square Church and in the Round Church. On 22nd April 1842, the Bench of the Inner Temple resolved that the monuments and tablets, as far as practicable, should be restored to the Church, and that a detached plan and tabular sketch should be prepared and submitted to the Bench, and that a copy of this Resolution should be communicated to the Middle Temple and their concurrence requested therein, and the same was accordingly confirmed by that Society. In consequence of the Resolution of the Bench of the two Societies in regard to the last plan for a cloister, the Architects were desired by the Committee to reconsider the subject of placing the monuments, having regard to the last mentioned Order when they recommended the placing them partly in the triforium, partly in the Church. On 141hJune, the Church Committee presented a further Report containing a Report from the Architects dated 8th June, recommending 445


1843 TRINITY TERM (Cont'd.) the placing of the monuments in the triforium and in the Church, as above stated, with such particulars and plans as had been directed by the Benches of the two Societies by their Order of 2211dApril 1842. That plan was adopted by the two Societies on 24th June 1842 without prejudice to the Church Committee making such alterations as to the locality of the several monuments as they might think right. At the same time, it was ordered by the Bench of the Inner Temple, that windows of the same pattern as those on the north side should be placed on the south side of the Church. The Committee accordingly caused the triforium to be fitted up for the greater part of the monuments, the remainder have been placed in the Church and the vestry, excepting two, which were too bulky to be placed in the Church, and have therefore been placed in the churchyard. The BTO of 24th June 1842, is the last important proceeding of the two Benches in regard to the works in the Temple Church, and from that time no works beyond the substitution of a new font for the old one, the shifting of the pulpit, alterations in the grating, putting up barriers, restoring the Master's garden, and levelling and paving the churchyard, and some other similar works in completion of the general plan have been executed. The Committee, lamenting as they do the great additional expense that has been incurred beyond the original estimates, even allowing for the works afterwards ordered by the two Societies, yet have great satisfaction in expressing their opinion, not hastily formed, but from unremitted personal attendance and examination of the progress of the works and from diligent enquiries of the architects, the tradesmen and the Clerks of the Works. The increase has arisen almost wholly from difficulties which could not have been anticipated, particularly as regards the churchyard, the completion of the underdraining and other underground works, and from the extent and nature of the dilapidations and the magnitude of the repairs, more especially of the marble columns in the Square Church not having been fully known at the time these estimates were prepared, and from the wood carving having been made of a much more costly description than was originally contemplated. It has not come to their knowledge, though they have made every practicable enquiry on the subject from time to time, that any part has arisen from improper charges having been paid to any of the persons employed. The Committee indeed had reason to be dissatisfied with the charges of Mr. Burnell, who had been employed as the Mason of both the Societies, and who was on that account employed by the Committee. They therefore desired that Mr. Savatze should carefully examine his bill, and afterwards, the Bench made an Order to the same 446


1843 TRINITY TERM (Cont'd.) effect, as before stated. Mr. Savage, after a diligent examination of that bill, which occupied a considerable length of time and during which the books of Mr. Burnell underwent a rigid scrutiny, struck off from that bill which amounted to £13,708 2s. 5d., the sum of £1,852 6s. for errors and overcharges, and ultimately Mr. Burnell acquiesced in that reduction which was thus saved to the Society. In conclusion, the Committee beg to subjoin an Account of the total expenditure incurred in the restorations and embellishments, which have been committed to their superintendence."

Total Expense for the Repair and Restoration of the Temple Church by the two Societies:

"Paid tradesmen's bill, Architects' commission, and Clerk of the Works, for work done under the superintendence of Mr. Savage .....

£21,014

ditto for work done under the superintendence of Messrs. Burton & Smirke

£27,086

Paid Architects' fees upon the subject of the position of the organ etc

14s.

6d.

7s. 10d.

£107

12s.

Od.

£48,208

14s.

4d.

( In the left hand margin of the account given below, is written an additional account: Mr. Savage has been frequently desired to send in his final account but it has never yet been rendered. Mr. Savages balance of £313 8s. 6d. commission 19 16s. Od. Miss Willis 3s. 11d. 17 Munn & Co. 11 Os. Od. Mr. Willement £361 8s. 5d. )

447


1843 TRINITY TERM (Cont'd.) Balance to pay for work done under Mr. Savage including the estimated balance of his commission ditto under Messrs. Burton & Smirke Add works in progress: Choristers' stands pulpit font cover Architects' commission on these works ...

£361

8s.

5d.

£2,993

18s.

8d.

£140 £170 £7 £15 £3,688

Os. Od. Os. Od. Os. Od. 17s. Od. 4s. I d.

Brought forward

£48,208 £3 688

14s. 4s.

4d. I d.

Total

£51,896

18s.

5d.-

It is unanimously resolved that the thanks of this Bench are due to the members of the Church Committee of both Houses, for the very satisfactory manner in which they have discharged the laborious duties committed to them and that the Treasurer bc requested on the part of this Society to express this Resolution to the members of the Church Committee members of the Inner Temple, and a copy of this Order be sent to the Treasurer of the Middle Temple, with a request from this Bench, that he will be good enough to communicate the same to the members of the Church Committee members of that Society.

The following statement of the finances of the Society with regard to the expenses of the Church was read, viz: Inner Temple I 2thJune 1843

-

The members of' the Church Committee members of the Inner Temple beg to submit to their Bench the following statement of their proportion of the expense of the repair of the Church and the assets of the Society to meet the balance now due to the tradesmen. On 20th January last, a statement was submitted to the Bench by which it appeared that:


1843 TRINITY TERM (Cont'd.) the total amount of the estimates for the completion of the works was and it was intimated that in all probability this estimate would be exceeded by the sum of

£49,785

£2,000 £51,785

making this was exclusive of the choristers' stands which have since been sanctioned by the Bench, amounting to ..

£140 £51,925

making a total of

It was also stated that the amount to be borne exclusively by the Middle Temple had not then been correctly ascertained, but which was roughly estimated upon the basis of the Inner Temple cost for their work in 1826/7, at the probable sum of £5,550 but which has since been ascertained to amount to £3,750. The result has proved to be that the total cost of the Church including the choristers' stands, as mentioned in the Joint Committee Report of 12thinstant, 18s. 5d. £51,896 is deduct amount to be borne £3,750 exclusively by the Middle Temple 1/2 £48,146 Inner Temple moiety being of which there has been paid to the present time, partly by sums borrowed from the Bankers, the sum of leaving a balance to be provided of

18s. 5d.

£24,073

9s.

2d.

£22 229

7s.

2d.

£1,844

2s.

Od.

To meet this balance due on the Church Account, the probable assets of the Society calculated to the 30thJune instant, will be as follows: balance at the Bankers this day rents in the course of collection " commons"ditto receipts on the general account, as for the wine sold etc. old materials etc. making 449

£1,857 £1,800 £250 £250 £256

£4,413


1843 TRINITY TERM (Cont'd.) Brought forward

£4,413

The liabilities of the Society to the same period will be: general expenditure annuities property tax interest to Bankers fire insurance fund

£2,012 £279 £221 £242 £500 £3,254 Deduct

£3,254

leaving a balance of

£1,159

applicable in part payment of the outstanding Church Account of £1,844, thereby showing a deficiency to the 30th June, amounting to £685. It will therefore be obviously necessary, as anticipated on 20th January last, that the Bankers should be applied to, to postpone the payment of the instalment of the present half year of £1,500, which is not provided for in the above calculations. Upon reference to the statement submitted to the Bench on 20th January last, it will be seen that the balance due upon the then estimated amount, was £1,554. At which time the amount to be borne by the Middle Temple for works done belonging exclusively to that Society was as before stated, roughly estimated at £5,500, but which has since been ascertained to amount to £3,750 and consequently has increased the above stated balance by £875. amount was increased balance ( as above) making adding a moiety of the difference between the then estimated amount and the ascertained cost of the repair, including the estimated balance of Mr. Savage's commission making the liabilities on 20th January since which period the Society has paid (including fees to the Architects for their opinions relative to the organ, amounting to £53 16s. Od., which were not before taken into the account, but are now included in the gross total)

450

£1,554 £875 £2,429

El 055

19s.

2d.

£3,484

19s.

2d.

E 1 640 €1,844

17s. 2s.

2d. Od.


1843 TRINITY TERM (Cont'd.) [i.e.] leaving the balance to pay at the present time as before stated from which the available assets to 30th June instant are to be deducted of ....

£1,844

2s.

Od.

£1 159 £685

2s.

Od.

leaving the sum of £685 2s. Od. to be discharged out of the next half year's surplus income. Looking to the surplus income of the half year ending 31't December last, of £3,625, it is calculated that the next half year's surplus cannot be less than £3,300 after paying the additional expense of the choir, which was ilot taken into account in estimating the balance for the year 1843 in the former statement of 20th January 1843. This presumed surplus will be liable to the following payments: instalment to Bankers ... interest to Bankers property tax the above balance on the Church Account making

£1,500 £388 £221 £685 £2,794

leaving a balance in hand in the year of £506, after paying off the whole expense of the Church and the other annual liabilities. Adding the expense of the choir for the year, say £250, would make 056 surplus for the year 1843 instead of £659, which was estimated as the probable surplus in the former statement ofJanuary 20t 1843. So that the statement of the probable amount of surplus income after providing for payment of the debt now due to the Bankers, namely £13,000, which was appended to the statement of 20th January 1843, may still be taken as exhibiting the probable balance in each year down to 1847. That statement was as follows: 1843 1844 1845 1846 1847

£659 £809 £959 £1,544 £2,182

18s. 4d. 18s. 4d. 18s. 4d. 10s. Od. Os. Od.

Therefore, at the end of the year 1847, the debt due to the Bankers will have been wholly paid off, and in all probability there will remain a balance to the credit of the Society of £2,182, even assuming that the surplus of each preceding year should be expended." 451


1843 TRINITY TERM (Cont'd.) Business adjourned to Friday next, 23'd instant. BENCH TABLE Jun. 23

Present The Treasurer, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Whateley, Mr. Wortley, Mr. Wyatt and Mr. Hardy. Report of the Committee appointed to dispose of the old Purbeck marble from the Church, read, as follows: "Parliament Chamber, Inner Temple, dated 16thJune 1843 The Committee appointed by the respective Orders of the two Societies of 12thand 26th May 1843, have considered the subject referred to them, viz, the disposal of the decayed Purbeck columns, caps and bases, which have been removed from the Temple Church and now encumber the ground in Hare Court. These columns, caps and bases were once put up for sale by Public Auction, but no biddings were offered and they remained unsold. Your Committee have not since been able to sell them, indeed they seem to be of no value. Sir Frederick Pollock however, having intimated to Mr. Wyatt a wish to have them, and having offered to take them away at his own expense, your Committee have thought it advisable that Sir Frederick Pollock's offer should be accepted, and accordingly have given them to him. [signed] John Wyatt, William Burge, David PollockOrdered that the Report be confirmed on the part of this Society. Ordered, after it having been moved and seconded, that a gratuity of fitly guineas be granted on the part of this Society to Mr. Rowe, the Foreman of the Carpenters, for his valuable services and additional labour during the repair of the Temple Church. Ordered that the consideration of the Inner Temple Verger's petition for an allowance for attending the Church, be postponed till next term. Mr. Warne, the Organist, having by letter declined the trial offered to him, pursuant to the BTO 13thinstant, has tendered his resignation as Organist of the Temple Church. It is resolved on the part of this Society, that such resignation be accepted, and that it be accompanied by a pension of fitly pounds per annum, to be borne in moieties by the two Societies, and that this Resolution be submitted to the Masters

452


1843 TRINITY TERM (Cont'd.) of the Bench of the Middle Temple, and that they be requested to concur therein. It having been intimated to the Bench, that the Treasurer has so far as he has authority to do so, lent the use of the Hall to Sir Charles Wetherell, to entertain a party. It was moved and seconded, that neither the Treasurer, not any member of the Bench, has any right to lend the use of the Hall, or any part of the premises belonging to the House, for any purpose not connected with the Society, without the consent of the Bench Table. An amendment was moved, that the consideration of this question be deferred until a communication be had with the Treasurer, and that for this purpose the business of the Bench be adjourned until Tuesday next, at 4 o'clock. The original motion put, it was carried in the affirmative. Ordered that a copy of this Resolution be sent round to all the Masters of the Bench. Mr. Spence giving notice of motion for Friday next, 30th instant, "that he will call the attention of the Bench to a circular letter which has been sent by a barrister of this Society, with a view to obtaining their opinion as to the propriety of any barrister issuing such a circular, and as to the proceedings in reference thereto". BENCH TABLE Jun. 30

Present Mr. Wyatt, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Whateley, Mr. Wortley, Mr. Dowdeswell and Mr. Hardy. The following Orders, from the Middle Temple, signed by Edward Eldred, Sub-Treasurer, read: "Middle Temple At a Parliament held by adjournment on 23rd June 1843. The Inner Temple 13T0 6'h instant, upon the Committee's Report of the same date, relative to the accommodation for the choir, having been read: ordered that the same be acceded to on the part of this Society. The Inner Temple Bench Table Resolution, dated 16th instant, relative to thanks to the Church Committee, having been read: the same is unanimously agreed to by this Society. Ordered that this Society do concur in the Inner Temple 13TO, dated 16'h instant, upon the Report of the Church Committee of 8'h instant, relative to polishing the Purbeck marble in the Church.

453


1843 TRINITY TERM (Cont'd.) Readings of the Report of the meeting of the Music Committee, dated 21st instant, to arrange as to the trial requested by Mr. Warnc, the Organist, as also the letter from Mr. Warne, dated 22'd instant, thc Inner Temple 13T0, dated this day relative thereto, and Mr. Warne having by his letter of 22'd instant, declined the trial refimed to in the Resolution of the last Parliament, and resigned his Office: ordered by this Society that his resignation be accepted and that the Resolution of the Masters of the Bench of the Inner Temple of this day's date, be acceded to." The Joint Committee, appointed by the respective Benches to carry into effect the Resolution of the two Societies for the establishment of a permanent choir, having with the concurrence of the Treasurer of the Inner Temple, (with whom the appointment of Organist this time is) appointed Mr. Edward J. Hopkins, to be Organist of the Temple Church in the room of Mr. George Warne, resigned; the Committee beg to recommend that he should have a salary of ÂŁ60 per annum. Ordered that the consideration of the Organist's salary be adjourned till next term. Ordered On the part of this Society, that the Committee appointed to carry into effect the Resolution of the Bench for the establishment of a permanent choir, be an open Committee. Letter, signed "Lex", addressed, "London-, and dated, "16th June 1843-, read, in pursuant to the motion of Mr. Spence, "that he will call the attention of the Bench to a circular letter which has been sent by a barrister of this Society, with a view to obtaining their opinion as to the propriety of any barrister issuing such a circular, and as to the proceedings in reference thereto". "Being at the Bar, and having already prepared two hundred and twenty three pupils for examination prior to their admission in the Courts of Law and Equity, none of whom have been rejected, and in addition, having also had with me several others for the past term who have all obtained their certificate of fitness, and finding that you intend offering yourself as a candidate for examination in Michaelmas term next, I shall in the interim have much pleasure in pursuing with you a course of reading and study, in all or either of the five branches required by the Examiners for the purpose of enabling you more satisfactorily to qualify yourself Should you feel disposed to adopt such a course under my assistance and will favour me with an interview at my chambers, I will submit to you my terms, which are moderate.


1843 TRINITY TERM (Cont'd.) A reply addressed as above, (prepaid) at Messrs. Saunders & Bennings, Law Booksellers, 43 Fleet Street, will be duly forwarded." Ordered that the Sub-Treasurer do send a copy of the circular to Edward Ings, Esq., a barrister of this Society, and request him to state whether he is the party who issued it. Ordered, under the special circumstances considered at the Bench Table this day, that the Revd. Mr. Rowlatt, the Reader of the Temple Church, and Librarian, be paid one hundred and fifty pounds in anticipation of his salary. It appearing to the Bench that before adopting the Resolution of Friday last, a private party had been invited to the Hall of this Society by a Master of this Bench, under a misapprehension of authority by the Treasurer: resolved that under the peculiar circumstances, it is not expedient to interfere, but that this Bench adhering to the principle recognized by the said Resolution, resolve that this shall not be drawn into a precedent. Ordered that the following gentlemen be a Committee to inquire into the expediency of admitting the City Police into the Inner Temple, or of applying to the Commissioner of the City Police Force, to appoint one or more of the servants of the Society, as Police Constables for its protection: The Treasurer, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Wyatt, Mr. Dowdeswell and Mr. Hardy. Business adjourned to 11thJuly next. BENCH TABLE Jul. 11

Present The Treasurer, Mr. Law, Mr. Burge, Mr. Spence, Mr. Starkie and Mr. Hardy. Letter read from the Society's Solicitor, Mr. Henry C. Chilton, of 7 Chancery Lane, and dated 6thJuly 1843, upon the subject of appointing some of the servants of the Society to act as Police Constables in the Inner Temple: "In pursuance of instructions received from Mr. Wyatt, I applied on 4thinstant to Mr. Harvey, the City Police Commissioner, to ascertain whether in the event of the Society concurring in the recommendation of their Committee to appoint one or more of the servants of the Society, Police Constables, he the Commissioner, would appoint them accordingly to act within the Inner Temple. Mr. Harvey stated that no such appointment could take place unless the men were entirely under the surveillance and discipline of the City 455


18.13

TRINITY TERM (Cont'd.) Police Authorities (attending musters and drill etc., as all other Constables belonging to that force). He, however, expressed his willingness to assist in the appointment of the Society's servants, provided they were eligible as to size and age, and to make arrangements for their services to be confined as much as possible to the Inner Temple.The Commissioner of Her Majesty's Woods, Forest etc., having applied for extensive offices in the Inner Temple, for the accommodation of the Masters of the Court of Exchequer, their clerks and officers: ordered that the subject be referred to the Chamber Committee. Letter from the Architects, Messrs. Decimus Burton and Sydney Smirke, dated July I st 1843, read: "In reply to your letter of the ultimo, we beg to state that in regard to the wood fittings, our recommendation is to stain, twice oil over, and well rub the whole, the cost of which would not exceed £55. If the woodwork were stained and twice varnished, the cost would be about £140, but we consider the oiling, if kept well nibbed, a more durable as well as more suitable mode of treating the woodwork. The above estimate of £55 does not include any expense that it may be necessary to incur in cleaning off the dirt which has collected on the face of the woodwork. With regard to the division in the middle of the student's seats, we consider that the present appearance, objected to by some, would be entirely obviated by cutting down the partition and forming elbows in the manner now marked upon it in 2 or 3 of the seats. This work Mr. Vigers is willing to undertake at £.26 7s. Od.Ordered that the Treasurer of this Society be requested to obtain the sanction of the Treasurer of the Middle Temple. to have the Church closed during the long vacation for the purpose of having the woodwork stained and oiled, and the Church properly cleaned and dusted. Petition from Hannah Roberts. widow of Lewis Roberts. late one of the Waiters of this Society. dated 10thJuly 1843. read: "Hannah Roberts of No. 8 Doris Street. Lambeth. widow of Lewis Roberts. who for the space of twenty five years. next before 4th June last, had held the situation of Deputy Usher. in the Courts of Common Pleas and Queens 13ench, and who during the latter twelve 456


1843 TRINITY TERM (Cont'd.) years had been one of the waiters to your Society. [She], being left with a family of eight children, five of whom are entirely dependant upon her for support, and two partially so, and being in great present distress by reason of the increased expenses of the nine months of her late husband's illness, his funeral expenses, and an arrear of rent, humbly petitions that you will be pleased to take her case into consideration, and interpose your benevolent assistance to prevent the home of her children being broken up before means can be used to get them placed out, and before she can find means of applying her industry towards their maintenance. And your petitioner with heart felt gratitude will every pray, Hannah Roberts." Ordered that the Treasurer be at liberty to grant Hannah Roberts relief, in case he should find urgent necessity for it, to the extent of fifteen pounds. Letter from Edward Ings, Esq., a banister of this Society, from 2 Verulam Buildings, Gray's Inn, and dated 10thJuly 1843, read: "I beg to apologise for not having before replied to your letter of lst instant, wherein you are desired by the Masters of the Bench of the Inner Temple to enclose me a copy of a circular letter which had been forwarded to them, and request me to inform them whether I was the party who issued that circular. But, absence from town has been the sole cause, and immediately on its receipt, as you know I came to town. Will you therefore oblige me by informing the Masters of the Bench that the letter was written by me, and it was so under the following circumstances. Shortly before my call to the Bar in 1835, my father died leaving me his eldest son, with every reason to suppose in possession of a very comfortable independent fortune. After my call in settling his affairs as executor, I found that instead of my being enabled to receive the legacy and devise under his will, his real and personal estate was not sufficient to pay his debts, and I then considered myself bound to, and did make up the deficiency, which as you may imagine dreadfully reduced my circumstances in life. Having at this time followed my profession for some years, and applied myself very closely to its studies, and being a married man, I was advised by some of my friends to take gentlemen as pupils for the purpose of preparing them for their examination prior to their admission as attornies, which plan, I accordingly pursued, and issued the above mentioned letter as a means of communicating such plan to the several candidates. Whilst I was on the circuit my course was known to most of the gentlemen of the Bar, but never having received from any one a communication by way of complaint or otherwise, I hoped and believed they had sympathized with me in my misfortune. 457


1843 TRINITY TERM (Cont'd.) Should however, the signature to my letter be that of which the Masters of the Bench complain as being anonymous, I beg to state that I adopted it for this reason, that it would not as subscribing my Own name would have, subjected me in many cases to personal annoyance. In conclusion, will you have the goodness further to oblige me by stating to the Masters of the Bench, that as they object to the anonymous signature, I shall be happy for the future to use my own name, or to comply with any wish or suggestion they may think fit to propose. At the same time assuring them, that as my whole time has been entirely devoted to my pupils, I have been unable to form any other professional connexion, for I very seldom go into Court, or engage in any other legal avocation, excepting going to two or three places on the circuit and attending sessions. With every feeling of respect towards the Masters of the Bench, I remain Sir. Your most obedient servant, Edward IngsOrdered that the consideration of Mr. Ing's letter be postponed until the next term.


1843

MICHAELMAS

TERM

BENCH TABLE Nov. 3

Present The Treasurer, the Attorney General (Sir Frederick Pollock), Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Rogers, Mr. Whateley, Mr. Wortley, Mr. Hardy and Sir John Beckett. Orders of the last term were read. Mr. John Henry Acton Harris and Mr. Robert George Stapylton, having paid all dues, to have their names withdrawn and their bonds delivered up. Ordered on the application of Charles Vachell, Esq., the name of his son Mr. Thomas Vachell, a student of this Society, under 21 years of age and a lunatic, be withdrawn, and his deposit returned to the said Charles Vachell, his father, and his bond delivered up. Mr. Thomas Henry Baylis, a student, to have permission to practise as a Special Pleader extended for one year. Mr. John Paxton Norman, Mr. John Alldin Moore and Mr. Dunbar John Cother, students, having kept twelve terms, to have permission to practise as Special Pleaders for one year. Grand Day this term to be Wednesday, 15th instant. The Sub-Treasurer, reporting that Griffith Richards, Esq., one of the Masters of the Bench, died on llth June last, and that by his death a set of Bench chambers, situate at No. 10 King's Bench Walk, had become vacant: ordered that they be disposed of at the Parliament to be held on Friday, 24t1 instant, and that the Masters of the Bench have notice thereof. Waiters, setting forth that in and 5111 Petition read from the 3rd, 4111 consequence of the death of John Currell, the Second Waiter, "they humbly claim precedence to rise in the order of rotation in which they now stand, and that no stranger may be permitted to supersede them in such Offices as they may be entitled to fulfil". It is resolved unanimously that there is no right or claim of seniority to promotion in any of the appointments of the officers and servants of this House. BENCH TABLE

Nov. 7

Present The Treasurer, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Chilton, Mr. Armstrong,

459


1843 MICHAELMAS TERM (Cont'd.) Mr. Dundas, Mr. Whateley, Mr. Wortley, Mr. Roebuck, Mr. Wyatt, Mr. Hardy, Dr. Lushington, Sir John Beckett and Mr. Hallam. Mr. John Thompson, a student, to have permission to practise as a Special Pleader extended for one year. Robert Lush, Esq., tenant of a 3rd floor set of chambers and George Austin, Esq., tenant of a 1st floor set of chambers, both at No. 4 Inner Temple Lane, having applied for permission to exchange chambers with each other as tenants under the Society: ordered that their request cannot be complied with. Ordered that the further consideration of the letter received from Edward Ings, Esq., a barrister of this Society, read at the Bench Table on 11thJuly last, be adjourned sine die. Letter from the Sub-Treasurer of the Middle Temple, dated 4th November 1843, respecting the north side of the porch at the Temple Church, together with a letter from the Architects upon the same subject, read, as follows: "The letter from Messrs. Burton and Smirke, Architects, dated 16thultimo, relative to the north side of the porch at the Temple Church, having been laid before the Parliament held yesterday evening, I am directed to inform you, that the Masters of the Bench are of opinion that the expense of the works therein recommended to be done, should be borne equally by the two Societies." Letter from the Architects, dated 16thSeptember 1843: "We are anxious to receive proper authority as to our proceedings in the following matter, and we should be obliged therefore by your submitting this Report for early consideration. The north side of the porch, at the Temple Church, is greatly disfigured by dark stains and we have endeavoured in vain to obliterate them by superficial applications. These stains originate in the want of proper drainage in the adjoining house, No. 9 Inner Temple Lane and we see no certain and effectual means of remedying the evil (which is likely in the course of time to extend over other parts of the porch), except a complete rectification of the drainage be effected, which will be attended with an expense of about ÂŁ25. Besides removing the very unsightly stains in question, the adjoining house would be much benefited by the suggested improvements." 460


1843

MICHAELMAS

TERM (Cont'd.)

Ordered that one moiety of the above expense be paid by this Society. Report upon the subject of lighting the Temple Church, from the Inner Temple, and dated Friday, 31dNovember 1843, read: "The deputation of the Masters of the Bench of this Society, appointed at the Bench Table this evening to proceed to the Church to meet a deputation of the Masters of the Middle Temple, for the purpose of considering the best mode of lighting the Temple Church, have to report to the Bench, that at such meeting it was unanimously agreed to recommend to the respective Benches, that the Church should be lighted in the manner pointed out by the architects, at the estimated cost of E128, as follows: Square Church Twelve moveable candlesticks according to the model, of the height of 2 feet, two to be placed on the front framing of each division of the Benchers' and barristers' stalls, in the north and south aisles. Eight ditto, of the height of 2 feet 6 inches, two to be placed on the front framing of each of the Bencher's and barrister's ladies seats, in the north and south aisles. Six moveable candlesticks of the height of 3 fect 9 inches for the altar, one to be placed on each side of the front piers, and two between the piers. Two branch candlesticks of two lights each for the pulpit. One small candlestick for the reading desk. Two single branches of one candle each for the organ loft. Four small candlesticks, two to be placed on each of the choristers' stands in the north and south aisles. Round Church Eight moveable candlesticks of the height of 4 feet above the railing round the effigies, one to be placed at each corner on the railing of the two groups of effigies in the Round Church.Ordered that the Report be confirmed.

461


1843 MICHAELMAS TERM (Cont'd.) Letter received from Staines 1-3.Brocket, Esq., the Treasurer of the Middle Temple, from the Parliament Chamber and dated 3rd November 1843, read, as follows: Upon the return of the deputation from the Temple Church this evening. I communicated to the Bench the plan of lighting, which was then ultimately proposed and approved of, and I am desired to state their concurrence therein. -

I am also desired to state that they have requested the Treasurer for the time being of this Society to attend to all matters connected with the Church and to request that no addition or alteration to the Church be proposed to the architect of this Society unless the subject has been previously communicated to him.PARLIAMENT Nov. 10

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Erle, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Evans, Mr. Armstrong, Mr. Chilton, Mr. Whateley, Mr. Wortley, Mr. Wyatt and Dr. Lushington. Pensions for last half-year assessed single. Officers of the House - allowances of 7/6 per man weekly as board wages during the last Easter and Trinity vacations. BENCH TABLE

Nov. 10

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Erie, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Whateley, Mr. Wortley, Mr. Wyatt and Dr. Lushington. Mr. Wyatt and Mr. Burge to view the chambers situate two pairs of stairs south, at No. 2 Paper Buildings, held upon the life of the Hon. Sir Edward Hall Alderson, and report the annual value thereof Mr. Charles Gipps Prowett, a student of Lincoln's Inn, to be admitted a student to this Society on his certificate from Lincoln's Inn. Ordered, that on the part of this Society, the Organist's salary be sixty pounds per annum, to be borne in moieties by the two Societies. The following Order, from the Middle Temple, read:

462


1843 MICHAELMAS TERM (Cont'd.) "Middle Temple At a Parliament held by adjournment on 3rdNovember 1843. Ordered that members of the London and Durham Universities do have the same privileges as the members of Oxford and Cambridge Universities with respect to calls to the Bar at this Society, and that this Order be communicated to the three other Inns of Court." Ordered that the consideration thereof be adjourned. Resolved that the wives of Special Pleaders, members of this Society, be admitted to the Temple Church on Sundays upon application made to the Society, until further Order. A letter of complaint from William Wright, Esq., a barrister of this Society, against William Hurlstone, one of the vergers of the Temple Church, for misconduct on Sunday last, read: ordered that the subject be referred to a Committee of the following gentlemen, and that such Committee be an open Committee: William Burge, Esq., Thomas Joshua Platt, Esq., and William Whateley, Esq. BENCH TABLE Nov. 14

Present The Treasurer, Sir George Rose, Mr. Twiss, Mr. Erle, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Armstrong, Mr. Whateley, Mr. Wortley, Mr. Roebuck, Mr. Wyatt, Mr. Hardy and Dr. Lushington. The thanks of the Society to be conveyed by the Sub-Treasurer to John Warner, Esq., a barrister, for his present of the work entitled, "Sanders on Uses and Trusts", 5th edition, in two volumes, by George Williams Sanders and John Warner, Esquires. Mr. Springall Thompson, a student of Gray's Inn, to be admitted a student to this Society on his certificate from Gray's Inn. Mr. John H. Brewer, a student, to have permission to practise as a Special Pleader extended for one year. Report on the subject of the complaint made by William Wright, Esq. against William Hurlstone, one of the vergers of the Temple Church, dated Saturday, 11th November 1843 and signed by George Spence, T. Starkie, Thomas J. Platt and W. Whateley, read: "Report of the Committee appointed by the BTO 10th November instant, to consider the complaint of William Wright, Esq.,

463


1843 MICHAELMAS TERM (Cont'd.) a barrister of this Society, against William Hurlstone, one of thc vergers of the Temple Church. The Committee having inquired into the complaint, recommend to the Bench that a letter should be sent to Mr. Wright to the following effect: The Benchers of the Inner Temple, having received and taken into consideration Mr. Wright's complaint respecting the behaviour of William Hurlstone to him in the Temple Church on Sunday, 5th November instant. The Benchers highly disapprove of Hurlstone •s conduct in contradicting Mr. Wright on a matter of fact in the manner in which he appears to have done, and have reproved him for so doing and cautioned him to abstain from any such proceeding in future. At the same time, Flurlstone has stated in his defence that Mr. Wright took into the Square Church a lady not a member of his family, and if such was the fact, it was in contravention of the Rule which had been laid down for the direction of the vergers, which Hurlstone as one of them was bound to obey. The Committee recommend that William Hurlstone should be reproved accordingly.Ordered that the Report be confirmed. The Treasurer calling to the attention of the Bench two bills which had been laid before him by the Sub-Treasurer, viz. one purporting to be a bill for music supplied for the Temple Church Choir by Mr. Calvert, and the other a bill from Mr. Walker for binding music books etc. The Treasurer stated that he had not given any orders for the supply of the music charge, nor had he given any order for the binding charged in the bookbinder's account. Resolved that the subject be referred to a Committee, and such Committee to be an open Committee, to ascertain by whose order, if any, such music had been supplied, and by whose authority, if any, such bookbinding had been done. The Committee to be formed of the following gentlemen: The Treasurer, Sir George Rose, Mr. Erle, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Whateley, Mr. Wortley and Dr. Lushington. PARLIAMENT' Nov. 17

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Richards, Mr.Armstrong, Mr.Whateley, Mr. Wortley, Mr. Roebuck, Mr.Wyatt, Dr. Lushington and Mr.Hallam.

Not mentioned in the Bench Table Order Book.

464


1843

MICHAELMAS

TERM (Cont'd.)

Messrs. John Carlen Heath, Percy Macauley Ashworth, George Henry Hewit and John Walter de Longueville Giffard, called to the Bar. William Burge and John Wyatt, Esquires, reporting according to a BTO, on viewing the chamber situate up two pair of stairs south at No. 2 Paper Buildings, and the vault thereunto belonging, (formerly known by the name and description of a chamber two pair of stairs north in the first staircase in Sir Robert Sawyer's Buildings and the vault thereunto belonging, which last mentioned chambers were burnt down in the year 1838, and the first above named set given in exchange), where the Hon. Sir Edward Hall Alderson, one of the Barons of the Court of Exchequer, aged 55 years on 11th September last, desires to be disadmitted. Mr. Edward Pakenham Alderson, a member of this Society, aged fifteen years on 10th August last, wishes to be admitted for his own life thereto, upon report being made at this Parliament. Ordered that Edward Pakenham Alderson be admitted in and to the said chambers for his own life, paying for his fine ÂŁ412 10s., and for his admittance, 40 shillings. BENCH TABLE Nov. 17

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Sir George Rose, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Richards, Mr.Armstrong, Mr.Whateley, Mr. Wortley, Mr. Roebuck, Mr.Wyatt, Dr. Lushington and Mr.Hallam. Report of the Committee appointed to inquire into Mr. Calvert's claim for music supplied to the Temple Church Choir, and into Mr. Walker's account of binding such music etc. read, as follows: "The Committee beg to report to the Bench that they find a set of chant books and copies ofJeremiah Clarke's Anthem "Lord how I love Thee" were supplied by the order of Mr. Burge, and that copies of: "I call and cry" Tallis "I was in the spiritBlow "! beheld" "The Lord hear Thee" "Hosanna" Gibbons "God is gone up" were supplied under an impression that Mr. Burge had authorized their purchase, but as to all other music, the Committee find it was purchased without any authority. The Committee also find that the book binding as far as relates to books belonging to the Society, but not further, was done by authority of Mr. Burge, but that in Mr. Walker's bill there are many which Mr. Calvert ought not to have had bound under that authority." 465


1843 MICHAELMAS TERM (Cont'd.) Ordered that the Report be confirmed. Mr. Alexander Heslop, a student, having kept twelve terms, to have permission to practise as a Special Pleaders for one year. Resolved unanimously, that the BTO 21 January 1840, whereby three of the Masters of the Bench were appointed Deans of the Church, be rescinded. Ordered that the salary of George Bryant, the Clerk in the Treasurer's Office, be increased to ÂŁ70 per annum from Christmas next. BENCH TABLE Nov. 21

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Burge, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Roebuck, Mr. Wyatt, Mr. Hardy and Dr. Lushington. Mr. James Gordon Allan, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Mr. William Phillips, a student, having paid all dues, to have his name withdrawn, his deposit returned and his bond delivered up. Ordered that W. M. Best, Esq., a barrister of Gray's Inn, be permitted to have access to the Library of this Society for six months during the usual hours. A letter from Mr. Calvert, upon the subject of his bill for music sent into the Temple Church, was read: ordered, that in addition to the former Report presented to the Bench on Friday last by the Committee appointed to ascertain by whose order, if any, such music had been supplied, a further and full enquiry before the whole Bench do take place on Tuesday next, 28th instant at 7 o'clock in the evening, as to all the circumstances under which Mr. Calvert claims to be paid for such music, and that all evidence and information on the subject be produced at that time for the consideration of the Masters of the Bench, and that Mr. Calvert have notice and be desired to attend with such evidence and information. Mr. Platt giving notice of motion for early in the next term, "that Mr. Rowlatt's salary as Reader of the Temple Church be increased by this Society fifty pounds per annum upon certain conditions then to be proposed and connected therewith".

466


1843

MICHAELMAS

TERM (Cont'd.)

Ordered that a door be placed in Mr. Leahey's chambers, No.1 Mitre Court Buildings, as requested by him, and that the painter's bill for painting the chambers be paid by the Society. PARLIAMENT Nov. 24

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Erle, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Whateley, Mr. Baines, Mr. Roebuck, Mr. Dowdeswell and Dr. Lushington. Ordered that the Rt. Hon. Dr. Lushington be admitted in and to the Bench chamber (late of Griffith Richards, Esq.,) being the chamber situate area north No. 10 King's Bench Walk, to hold as a Bench chamber, paying for his admittance, 40 shillings. Ordered that the following gentlemen be a Committee for the consideration and regulation of all matters relating jointly to this Society and the Middle Temple: the Treasurer for the time being, Sir Charles Wetherell, Mr. Wyatt, Sir George Rose, the Rt. Hon.Lord Langdale, Sir Frederick Pollock, Mr. Law, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Dowdeswell and Dr. Lushington. Richard Preston, Esq., to be Master of the Library and Reader of this Society for the next Lent vacation. William Erie, Esq., to be Treasurer of this Society for the ensuing year. BENCH TABLE

Nov. 24

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Holt, Mr. Erle, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Whateley, Mr. Baines, Mr. Roebuck, Mr. Dowdeswell and Dr. Lushington. Mr. Henry Pelly Hinde, a student, to have permission to practise as a Special Pleader extended for One year. Ordered that Robert Ingham, Esq., be Bar Auditor in the room of William [Robert] Walters, Esq., deceased. Ordered upon the petition of Elizabeh Dollery, widow of William Dollery, late Under-Washpot, for relief, that her two children be placed in one of the Union Schools at a cost to the Society of not exceeding five shillings a week each, during the pleasure of the Bench.

467


1843 MICHAELMAS TERM (Cont'd.) The petition considered, from the vergers of the Temple Church for an allowance for performing that duty: ordered that it be rejected. Ordered that the sum of seventy guineas be paid to the Revd. Theyre Smith in respect of one year's payment as Preacher at the Temple Church to Is' November instant. Letter from Lord Lincoln, one of the Commissioners of Her Majesty's Woods & Forests, dated 21st instant and addressed from Whitehall Place, read as follows: "The Commissioners appointed by Her Majesty for enquiring into and considering the most effectual means of improving the metropolis, and for providing increased facilities of communication therein, having recommended the construction of an embankment and public terrace between Blackfriars and Westminster Bridge, I have the honour to transmit herewith for the information of the Benchers of the Inner Temple, a plan exhibiting the leading features of the proposed improvement. As the Commissioners will hold their next meeting on Wednesday 29th instant, it will afford me great pleasure to be enabled to lay before them on that day any observations which the Society may think it necessary to offer in reference thereto." Ordered that the Treasurer be requested to reply to Lord Lincoln's letter and that the subject of the proposed Thames Embankment be referred to the Standing Committee of this House, who arc requested to confer with the Committee of the Middle Temple thereon.

[Four following accounts entered into the Bench Table Order Book.] "Monday 13ffiNovember 1843 It having this afternoon been represented to Mr. Richards, one of the Masters of the Bench, that Julian Busby, Esq., a barrister of this Society and tenant of House chambers No. 2 Paper Buildings (whose strange conduct for some time past had been the subject of remark by most persons in the Inner Temple), was acting in so violent a manner that it was absolutely necessary means should be immediately taken to have him put under restraint. Mr. Richards after enquiry made, consulted Mr. Twiss upon the subject. and in consequence of the urgency of the circumstances in the absence of the Treasurer, they gave directions for Dr. Sutherland to see Mr. Busby, who having seen and examined him, immediately certified under his hand that Mr. Busby was of unsound mind and unable to regulate himself and his affairs and a proper person to be restrained. These circumstances, being mentioned by Mr. Twiss at the Bench Table this evening,, and Dr. Sutherland having strongly advised that a keeper should be put 468


1843 MICHAELMAS

TERM (Cont'd.)

into Mr. Busby's chambers to prevent any serious consequences which might result from his present extremely excited state of mind, the Benchers present resolved that Dr. Sutherland's advice should be acted upon and that Mr. Busby should be put under restraint in his chambers accordingly."Tuesday 14th November 1843 All the above circumstances having been stated at the Bench Table this day, the Bench were pleased to confirm the same, and ordered as follows: that Mr. Twiss, Mr. Richards and Mr. Whateley be requested to make enquiries as to the possibility of obtaining for Mr. Busby admission to the Flanwell Lunatic Asylum and to take such order and care for his custody as to them shall seem meet. After the passing of the above Order, and the Bench meeting had broken up, information was received that Mr. Busby was in a much more excited and violent state, so much so, that some of the gentlemen in the same staircase could not remain in their chambers, which having been ascertained to be the fact, Mr. Twiss, Mr. Richards and Mr. Whateley acting under the authority vested in them 'for Mr. Busby's care and custody' resolved that under the extreme urgency of the case, Mr. Busby should at once be removed and directed that the Sub-Treasurer should see to his removal to Dr Sutherland's private lunatic asylum at C'helsea for the present, at a charge to be borne by the Society of 2 guineas a week. The necessary medical certificates having been procured, Mr. Busby was removed accordingly."Friday 17th November 1843 The above circumstances connected with Mr. Busby's removal to Dr. Sutherland's at a charge to the Society of 2 guineas a week, having been reported to the Bench by Mr. Richards at the Bench Table this day, the same was confirmed. It was further ordered that Mr. Busby being in arrear to the Society for two years rent, the Society's Solicitor should be instructed to levy a distress for the same, and after the property in the chambers should have been condemned in the legal and usual manner, they should be bought by the Society as landlords, and the chambers let with all fUrniture, books etc., so purchased, to Mr. Wynn Williams at the increased rent of E45 per annum for the use of such furniture etc., which increased rent should be kept as a separate account from the Society's rental for the further consideration of the Bench. It was also further ordered that every term, if found necessary, the Sub-Treasurer enter on the rough Minutes the circumstance of Mr. Busby's malady, in order that the Bench may acquire information from time to time as to his state of mind and treatment." 469


1843 MICHAELMAS TERM (Cont'd.) "24th November 1843 Mr. Whateley this day stated to the Masters of the Bench all the above circumstances, and also that he had called on Dr. Sutherland to enquire respecting Mr. Busby, and was informed by that gentleman that Mr. Busby's bodily health was improved but that the mental disease was still in an active state, and the delusions undiminished.BENCH TABLE Nov. 28

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Roebuck, Mr. Wyatt and Dr. Lushington. Mr. William Cole Beasley, a student, to have permission to practise as a Special Pleader for one year. Pursuant to BTO 21st instant on the subject as to all the circumstances under which Mr. Calvert claims to be paid for music, and all evidence and information on the subject to be produced at the further and full enriry before the whole Bench to take place on Tuesday next, 28t instant at 7 o'clock in the evening. Mr. Calvert having accordingly attended the Bench Table this day with his witness, and the Bench having fully considered the evidence and explanations tendered by them: resolved that this Bench is of opinion that under all the circumstances, Mr. Calvert procured the music in question under an impression there was an implied authority for him to procure it. It having been thereupon moved that Mr. Calvert be paid the real worth of the music so supplied: resolved that this Society, disclaiming all legal obligation, will indemnify Mr. Calvert for the money actually expended or for which he is liable. Business adjourned to Tuesday next, 5th December. BENCH TABLE

Dec. 5

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Armstrong, Mr. Wortley, Mr. Wyatt and Mr. Hardy. Mr. Thomas Kingdon and Mr. Charles Winston. students. to have permission to practise as Special Pleaders extended for one year. Ordered that Mr. Calvert be desired to furnish vouchers to the Society for the money expended by him for the music in question (see BTO 1 8th November) and also vouchers for the music for which his is liable. 470


1843

MICHAELMAS

TERM (Cont'd.)

Ordered that Mr. Spence, Mr. Starkie, Mr. Wortley and Mr. Wyatt be a Committee to arrange this matter and to act therein as they shall think right. Business adjourned to Friday, 15th December. BENCH TABLE Dec. 15

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Whateley, Mr. Roebuck and Mr. Wyatt. Mr. Francis Greensill, a student, to have permission to practise as a Special Pleader extended for one year. Mr. Page, from the Office of Her Majesty's Woods and Forests, having produced his plan of the proposed Thames embankment to the Benchers of the Inner Temple, and the Bench having heard his explanations thereon: resolved that it is thc opinion of the Bench that the proposed plan would not only be injurious to the Temple Gardens, but would also in a material degree be injurious to the property, health and comfort of the inhabitants of the Temple. Ordered that this Resolution be communicated of Her Majesty's Woods and Forests.

to the Commissioners

December (1/2 past 5 o'clock). Business adjourned to Friday ncxt, 221111 BENCH TABLE Dec. 22

Present Sir Charles Wetherell, Mr. Twiss, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Whateley and Mr. Roebuck. Report read of the Committee appointed to arrange Mr. Calvert's claim for music, with reference to BTOs 281hNovember last, and 5' instant, in particular with respect to the desire of Mr. Calvert to furnish vouchers thr the music for which he is liable. "They proceeded to call upon Mr. Calvert tor vouchers but have been able to procure but few of a satisfactory nature. The Committee had several meetings upon this matter with a view to their arriving at a just conclusion, and have by all possible means endeavoured to procure vouchers or receipts for the items charged in Mr. Calvert's claim, but without effect, except that a few bills have been furnished but which appear to be so mixed up with other transactions between Mr. Calvert and the music sellers. The Committee derived but little assistance by their production, and under these circumstances, thought it right to cause letters to be sent to the 471


1843 MICHAELMAS TERM (Cont'd.) various music sellers of whom Mr. Calvert stated that he had purchased music, with a view to it being ascertained whether they had any claim against the Society, and in no case do they find that the claim is against the Society except the subscription for a new edition of Arnolds Cathedral Music and Rimbaults Collection of Ancient Services, for which the Society are subscribers. These, and a set of Tallis, Gibbons and others anthems published by the Motet Society by subscription, the Committee have thought right to strike out of Mr. Calvert's claim and recommend it to the Society to take those subscriptions on themselves, especially as part only of the numbers are at present out. The Committee have also ascertained that Purcell's Sacred Music, likewise a subscription publication, is not yet complete although charged in full in Mr. Calvert's claim. They have therefore desired that he should be paid for the numbers delivered, and then only upon the production of a receipt showing that the subscription has been paid by him. With respect to the remainder of his claim, the Committee having through one of its members made enquiries of several music sellers, and after having fully considered this very complicated matter, recommend that Mr. Calvert should be paid for the following works, the prices affixed against each item, viz.: 3 copies Boyce's Collection of Cathedral Music (3 vols.) Anthems (2 vols.) 3Greene's Anthems (2 vols.) 4Croft's Goss Services Boyce's own Anthems 4 Anthems 2Handel's Handel 1"Pitts Weldon & Jeremiah Clarke's Anthems 2 copies Handers Messiah 4 treble copies Boyce's Cathedral Music 5 copies Nare's Services Services —C 5"King's F 5— Set of chant books (11) 4 MSS. Treble books (Copyists Bill) music paper 2 copies Greene's Anthems "Lord let me know& Croft & Purcell's Funeral Service 4 Clarke's 2 copies "How excellent- (Handel) 6•

£18 12 16 3 15 10 3 2 2 8 1 1 1 5 17 7

18s. 12 16 15 0 0 3 0 2

10 1 7

Od. 0 0 0 0 0 0 0 0 0 6 6 6 0 6 2

1

0 16 4 Os.

0 0 0 2d.

£128

8 2 7


1843 MICHAELMAS TERM (Cont'd.) The Committee have desired that before the above amount or any part of it, be paid to Mr. Calvert, the Under-Treasurer should examine the music charged for and mark the same as the property of the Society." Ordered that the Report be confirmed. Sir Charles Wetherell being conceded the use of the Hall of this Society, by the Society, on 5' July last, for the purpose of a private entertainment to His Majesty the King of Hanover, the Lord Chancellor, the Lords Chief Justices and other eminent persons. Mr. Whately giving notice of motion for an early day next term, "that no student of this Society who has been a salaried clerk in an Attorney's Office shall be called to the Bar unless it has been proved to the Bench that he has ceased to be so for the space of two years". Ordered upon the motion of Mr. Rogers that the sum of ten guineas be granted to the Revd. Mr. Rowlatt as a gratuity on the part of the Bench in consequence of Mr. Rowlatt having lost the chances of the nomination by individual Benchers (whose undoubted patronage it is to appoint) to preach the afternoon Sunday sermons, owing to the Church being under repair, five Sundays to 29thOctober last.

473


1844

WILLIAM ERLE, ESQUIRE

TREASURER

1 January to November 1844 WILLIAM BURGE, ESQUIRE

TREASURER

15 November to 31 December 1844

MASTERS OF THE BENCH attending Bench Table and Parliament

Sir Charles Wetherell, Sir George Rose, Horace Twiss, Esquire, The Hon. Charles Ewan Law, Francis Ludlow Holt, Sir Frederick Thesiger,' Richard Preston, William Burge, George Spence, Thomas Starkie, Thomas Joshua Platt, Francis James Newman Rogers, George Chilton, John Evans, Robert Vaughan Richards, Robert Baynes Armstrong, David Dundas, William Whateley, Matthew Talbot Baines, Esquires, The Hon. James Stuart Wortley, John Wyatt, John Arthur Roebuck, John Edmund Dowdeswell, John Hardy, Stephen Lushington, D.C.L., Esquires, Sir John Beckett and Henry Hallam, Esquire.

I

Solicitor General 1844-1845.

474


1844

HILARY TERM

BENCH TABLE Jan. 12

Present The Treasurer, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Dundas, Mr. Wortley, Mr. Roebuck and Sir John Beckett and Mr. Hallam. Orders of last term were read. Mr. Townshend Heatley, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. Henry James Holthouse, a student, to have permission to practise as a Special Pleader extended for one year. Ordered, upon the application of the Benchers of King's Inns, Dublin, that a catalogue of the Library of this Society be presented to the Library of their Society. Ordered that Henry Fitzmaurice Hallam, the only son of Henry Hallam, Esq., one of the Masters of the Bench, at the request of his father, be specially admitted gratis, a student of this Society. Grand Day this term to be Wednesday, 24th instant. Ordered that this Bench will subscribe for forty copies of Mr. Essex's drawing of the interior of the Temple Church, viewed from the west end, at one pound each copy, being the amount the Bench subscribed for forty copies of his drawing of the Temple Church, viewed from the east end. Ordered that Mr. Savage's claim for superintending the repair of the Temple Church, amounting to one thousand eight hundred and thirty three pounds five shillings and six pence, be referred to the Standing Committee of this House, and that they bc requested to confer with the Standing Committee of the Middle Temple upon the subject, and to report to the Bench thereon. Letter read from Sir Robert Smirke, the Architect, addressed from "The British Museum", and dated January 8th 1844: "1 request you will state to the Masters of the Bench that I have examined the vacant chambers formerly occupied as the King's Bench Office, and am of opinion that those in the two buildings between Paper Buildings and King's Bench Walk are in so decayed a state from the extreme dampness of the situation that they cannot be repaired and made tenantable with advantage.

475


1844

HILARY TERM (Cont'd.) The water of the river stands frequently only a few inches below the floor under the principal part of the building and the measures necessary for effectually excluding the watcr and for repairing the building would occasion an expense for which certainly no adequate return could be made by letting it. The basement chambers at the south end of Paper Buildings could be repaired and made tenantable for an expenditure of between ÂŁ120 and ÂŁ130 and it will bc a question for the consideration of the Bench, looking to the state of the whole building and the early period at which it must probably be rebuilt, whether the rent of the chambers will be a sufficient remuneration for the expense of repairing them. I think it doubtful that any person would take the chambers for the short and uncertain term that can be given of them unless at a very low rent. With reference to your letter of 5th October to the Commissioners of Woods, stating that it was considered impossible to provide the accommodation required for the Masters of the Exchequer in any of the buildings of the Society, I can fully confirm your statement. It is perhaps hardly necessary to say that if it should hereafter be thought desirable to provide the requisite accommodation for these Offices of the Exchequer and to have them in the Temple, there would of course be no difficulty in making the arrangements necessary for that object when the southern part of Paper Buildings is rebuilt.Ordered that for the present no repairs be done to either of the buildings unless absolutely necessary. Mr. Wortley giving notice of motion for Friday next, "that he will call the attention of the Bench to the Resolution of 15d1December 1843 with a view to measures being taken for the protection of the interests of the Temple in respect of the proposed new Embankment of the River Thames-. BENCH TABLE Jan. 16

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Chilton, Mr. Armstrong, Mr. Dundas, Mr. Roebuck and Mr. Wyatt. Mr. Lucius Kelly, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year.

476


1844

HILARY TERM (Cont'd.) Letter read from the Master of the Temple upon the subject of the inconvenient size and make of the cushion in the pulpit of the Temple Church: ordered on the part of this Society that the Master be at liberty to have such a cushion placed there as he may think proper. Order of the Middle Temple, signed by Mr. Edward Eldred, the Sub-Treasurer, read: "At Parliament held 12thJanuary 1844 The letter from Mr. James Bennett, upon the subject of his dismissal from the Temple Choir by Mr. Calvert, the Master of the Choir, read, as also a letter from the Treasurer of the Inner Temple to the Treasurer of this Society. Ordered that Sir Robert Comyn and the Hon. Mr. Talbot be appointed on the part of this Society to meet William Whateley, Esq., and the Hon. Mr. Wortley, two of the Masters of the Bench of the Inner Temple, appointed relative thereto." PARLIAMENT Jan. 19

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Roebuck, Mr. Wyatt, Mr. Hardy, Dr. Lushington, Sir John Beckett and Mr. Hallarn. Dissolved. BENCH TABLE

Jan. 19

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Roebuck, Mr. Wyatt, Mr. Hardy, Dr. Lushington, Sir John Beckett and Mr. Hallam. Mr. Hassard Hume Dodgson, a student of Lincoln's Inn, to be admitted to the Society on his certificate from Lincoln's Inn. Resolved that a Committee be appointed to communicate with the Commissioners of Her Majesty's Woods and Forests on the subject of the proposed Embankment of the River Thames, and to ascertain what course it will be most [prudent] for the interest of this Society to take before Parliament, and to report from time to time their opinion upon the measures to be taken for the protection of the rights and property

477


1844 HILARY TERM (Cont'd.) of this Society. The Solicitor of the Society to be requested to give his attendance and assistance to the Committee when required. The Committee to be formed of the following gentlemen: The Treasurer and such members of the Bench as are members of the National Parliament, and also, Sir Charles Wetherell, Sir George Rose, Mr. Platt, Dr. Lushington and Sir John Beckett.Mr. Platt having moved, pursuant to notice of 21st November last, "that Mr. Rowlatt's salary as Reader of the Temple Church be increased by this Society fifty pounds per annum upon certain conditions then to be proposed and connected therewith": resolved that by the terms of the appointment of the Reader, he was bound to preach the evening sermon in case no other preacher was appointed, and was entitled to receive thc two guineas given for each sermon. Also, from a change of circumstances, and consequent thereon the appointment of evening preachers, Mr. Rowlatt has lost a considerable part of the emoluments he was reasonably induced to expect. In consideration of these circumstances, ordered that an additional sum of .E.50per annum be added to the salary of Mr. Rowlatt by this Society, as Reader, on condition that he preach the evening sermon without further remuneration whenever no other evening preacher is appointed. It being understood that this Resolution in favour of Mr. Rowlatt is not to prejudice any future arrangement with any future Reader and is not to be considered a precedent for the remuneration of any Reader hereafter to be appointed. Sir Charles Wetherell giving notice of motion for Tuesday next, 23rd instant, "that he will bring under consideration the subject of daily morning service at the Temple Church". BENCH TABLE Jan. 23

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Whateley, Mr. Baines, Mr. Roebuck, Mr. Wyatt, Mr. Hardy and Sir John Beckett. Mr. Charles Tidd Mennen, a student, to have permission to practise as a Special Pleader extended for one year.

Noted in margin, "By Order of the 26`h January instant, this Committee is to consist of the whole Bench".

2

478


1844 HILARY TERM (Cont'd.) Report of the Joint Committee of the two Societies, dated 19thinstant, respecting Mr. Calvert, Master of the Choir of the Temple Church, read as follows: "ParliamentChamberMiddle Temple, 19thJanuary1844 The Committee of the two Societies appointedby the Orders of the respective Benches on 12thJanuaryinstant,beg leave to report that they have examined Mr. Bennett and Mr. Calvert on the subject of the letters of the former gentleman, appended to this Report(marked A [and] B, addressed to the Treasurers,and dated 28thDecember last) and that they find the allegations in that letter to be substantially correct. It does appearto your Committee however that there exists a difference between Mr. Bennett and Mr. Calvert as to the amount due to the former gentleman for his services during the year 1843, though the sum in dispute is small but your Committee cannot forbearfrom adding that, that difference has probablyarisen in consequence of the delay on the part of Mr. Calvert in the settlement of Mr. Bennett's claims, and that it might not have occurredat all if Mr. Calvert had complied with the stipulations contained in his contractand had paid over to Mr. Bennett from time to time the monies which he has regularly been paid for that purpose by the two Societies. Two other matterscame incidentally before your Committee, so closely connected with the foregoing subject that they have thought it right to bring them under the attentionof the Mastersof the Bench of both Societies. On Saturday 13thJanuary,the notice, markedC, appendedto this Report, was posted up on the room appropriatedto the Choir by Mr. Calvert, and remainedso posted up during the remainderof that day, and the whole Sunday 14thJanuary.Mr. Calvert was asked by your Committee for an explanation, but was unable to afford any beyond this, that he could not obtain his salary up to Christmas,and thereforehe had put up this notice in order to protect himself from the annoyance of applications from the choristcrboys and their parents.Upon further enquiry, your Committee found that it was only in consequence of Mr. Calvert not being able to produce the vouchers for the payment of the salaries of the preceding quarter,that he was refused payment of the Christmasquarterby the Under-Treasurersof both Societies, and that the Under-Treasurerof the InnerTemple had suggested to Mr. Calvert that if his only difficulty arose from his dispute with Mr. Bennett, he might apply to the Societies for the payment of the quarter'ssalary subject to the deduction of the disputed amount. It furtherappearedin evidence before your Committee that a letter had been received by the Treasurerof thc InnerTemple from Messrs. Budd and Calkin (which is also appendedto this Report,markedD) and Mr. Calkin, who was examined as to the accuracyof its statements,offered if necessary to producc thc original letter which his house had received from Mr. Calvert, and of which only an extractwas given in the letterto the Treasurerof the InnerTemple. Before requiringthis however, your 479


1844 FIILARY TERM (Cont'd.) Committee thought it right to ask an explanation of Mr. Calvert, who was accordingly examined and did not deny that he had written a letter in which some similar passage occurred, but he questioned the accuracy of the extract above mentioned. Under these circumstances, the Committee thought it right to request Mr. Calkin to show them the original letter, which on production confirmed the perfect accuracy of the extract referred to. Mr. Calkin had noted the receipt of that letter from Mr. Calvert on 29t1iDecember and your Committee find that on 2 3rd of that month, Mr. Calvert had already received by the cheque of Mr. Thesiger the sum of ÂŁ128 for the music purchased by him for the Temple Church. In conclusion, your Committee feel bound to express their unanimous opinion that the arrangement of the choir of the Temple Church cannot with due regard to the interests and credit of the two Societies be advantageously continued in the hands of Mr. Calvert. [signed] Robert Comyn (Chairman) W. Whateley

James Wortley, J.C. Talbot-

Resolved unanimously on the part of this Society that the Report be confirmed, and that Mr. Whateley and the Hon. Mr. Wortley in conjunction with Sir Robert Comyn and the Hon. Mr. Talbot, be requested to take such steps for the termination of Mr. Calvert's contract and engagement as Master of the Choir as they shall deem most advisable, and that this Resolution be communicated to the Masters of the Bench of the Middle Temple, and that they be requested to concur therein. The Masters of the Bench of this Society, having this day reconsidered their Resolution of 21st day April last, "that it is desirable that there should be daily morning service in the Temple Church- and having also considered the Resolution of the Masters of the Bench on the May last: resolved that it is the opinion of this Middle Temple of 5111 Bench that it is desirable that daily morning service should be performed in the Temple Church, and that this opinion be communicated to the Masters of the Bench of the Middle Temple, in order to solicit their co-operation on the subject. Ordered that Mr. Chilton, Mr. Starkie and Mr. Evans be added to the Thames Embankment Committee. PARLIAMENT Jan. 26

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Law, Mr. Holt, Mr.Thesiger, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Hallam and Mr. Hardy. 480


1844 HILARY TERM (Cont'd.) Messrs. William Nathaniel Massey, Robert Moon, Henry Linwood Strong, Woodforde Fookes, Frederick Goulburn and Charles John Bayley, called to the Bar. Ordered that Parliament be adjourned till Tuesday next, 30thJanuary, for the purpose of calling the Hon. Adolphus Frederic Octavius Liddell to the Bar. BENCH TABLE Jan. 26

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Law, Mr. Holt, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Wortley, Mr. Roebuck, Mr. Wyatt, Mr. Hardy and Mr. Hallam. Ordered that Francis Newman Rogers, Esq., one of the Masters of the Bench, be allowed the present term as kept, without his attendance at the Bench Table in consequence of his indisposition. Ordered that Henry Gimber, the Under-Porter, be discharged for frequent misconduct, and that the Treasurer be requested to appoint an Under-Porter in his room. Ordered that the Thames Embankment Committee do consist of the whole Bench, three being a quorum. PARLIAMENT

Jan. 30

Present Mr. Holt, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Roebuck, Mr. Wyatt, Mr. Hardy and Dr. Lushington. The Hon. Adolphus Frederic Octavius Liddell called to the Bar. BENCH TABLE

Jan. 30

Present Mr. Holt, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Roebuck, Mr. Wyatt, Mr. Hardy and Dr. Lushington. Orders of the Middle Temple, signed by Mr. Edward Eldred, the Sub-Treasurer, read: "At Parliament held 26thJanuary 1844 Upon the Report of the Joint Committee of the two Societies, instant, respecting Mr. Calvert, the Master of the Choir at dated 19111 481


1844 HILARY TERM (Cont'd.) the Temple Church, having been read, as also the Bench Table Resolution of the Inner Temple relative thereto, dated 23rd instant: it is ordered on the part of this Society that the Report of the Joint Committee be confirmed, and that the Masters of the Bench of this Society do concur in the Resolution of the Masters of the Bench of the Inner Temple. A copy of the claim sent in by Mr. Savage for superintending and directing the repairs of the Temple Church, and Inner Temple Table Order dated 12thinstant, respecting the same, having been laid before this Parliament: it is ordered on the part of this Society that the consideration thereof be referred to the general Committee of this House and that they be requested to confer with the Standing Committee of the Inner Temple. and The Bench Table Orders of the Inner Temple, dated 19111 23rd instant, relative to the proposed Thames Embankment, having been read: it is ordered that the following gentlemen be appointed on the part of this Society to co-operate with the Committee appointed by the Inner Temple: Biggs Andrews, Esq. Richard Budden Crowder, Esq. John Jervis, Esq. Charles Austin, Esq. Alexander J.E. Cockburn, Esq."

Sir Robert Comyn Sir Gregory Lewin The Hon. J.C. Talbot Samuel Martin, Esq.

Ordered that from and after this present Hilary Term, no Attorney at Law, Solicitor, Writer to the Signet, or writer in the Scotch Courts, Proctor, Notary Public, Parliamentary Agent, or other Agent to any appellate Court, or other person acting as such, and no Clerk of or to any Barrister, Conveyancer, Special Pleader, Attorney. Solicitor, Writer to the Scotch Courts, Proctor, Notary, Parliamentary Agent. Clerk in Chancery, or other officer in any Court of Law or Equity, whether such Clerk be articled or in the receipt of a salary or other remuneration for his services, shall be allowed to keep commons in the Hall of this Society, available for the purpose of being called to the Bar until such person, being an Attorney shall have taken his name off the Rolls and until he and every other person above named and described, shall have ceased to act or practise as such Attorney. Writer to the Signet or Writer of the Scotch Courts, Solicitor, Proctor. Notary, Agent or Clerk as aforesaid. And it is ordered that no Commons which shall from and after this present term be kept by any person so disqualified. as aforesaid, whether he be already or may hereafter be admitted a member of this Society, shall be allowed to him as a qualification for the Bar. And it is further ordered that this Order be screened in the Hall of this Society and in the Treasurer's Office.


1844 HILARY TERM (Cont'd.) Petition read from Richard Musgrave, Esq., a member of this Society and late Advocate and Attorney General of Antigua, Montserrat and Barbuda, aged 53 years, addressed from 19 Manchester Street, Manchester Square, and dated, 23 January 1844. He was admitted a member of Inner Temple on 5 November 1812, as on the certificate submitted, with a view to practising at the Bar of this Country. Soon afterwards he was compelled to return to the island of Antigua in the West Indies, for domestic and private business reasons, hoping to return as early as possible and complete his terms. War broke out between England and America and he became a barrister in the Prize Court at Antigua 1813, where he soon acquired extensive practice. In 1814 he was appointed by the Commander in Chief of the Leeward Islands as one of His Majesty's Counsel, a rank he continued to hold until 1823. He was then appointed Solicitor and Procurator General of Antigua, Montserrat and Barbuda by His Excellency Sir Benjamin d' Urban, at that time Governor, the position confirmed by the Earl Bathurst, the Secretary of State for the Colonial Department, in two writs of Royal mandamus dated, 12 August 1823, and submitted herewith. Almost immediately, on the retirement of the previous holder, he was promoted to the higher positions of Advocate and Attorney General by writs of Royal mandamus, dated, 4 December 1825. He was discharged of these official duties in 1830, in consequence of peculiar circumstances (known to Dr. Lushington). The petitioner resigned his duties and moved with his family to America for the recovery of his health, then seriously impaired by a long residence in a tropical climate. He returned to this Country with hopes of employment under Government, and a wish of obtaining admission to the English Bar. Under the very peculiar circumstances, he wishes to dispense with or abridge the usual period of keeping the terms required. He is prepared to pay and discharge all dues and expenses to which he is liable as a member of the Society and to submit to any examination as to professional competency which may be deemed necessary. He refers to favourable similar cases, such as that of the late Sir Ashton Warner Byam, formerly Attorney General of Grenada, who was admitted (under circumstances bearing a strong analogy to those set forth by this petitioner) by Gray's Inn on 7 February 1790, and that of William Musgrave, Esq., the elder brother of this petitioner (now Puisne Judge of the Cape of Good Hope) who was also admitted by special Order of this Society on 1 February 1814. Ordered, that under all the circumstances connected with Mr. Musgrave's case, that upon his keeping the two next terms and paying three years dues, as a student, he should be at liberty to offer himself for the Bar in Trinity Term next, and that his name be placed in the Hall as a candidate for the Bar next term.

483


1844 HILARY TERM (Cont'd.) Letter from the Sub-Treasurer of the Middle Temple, dated 27 January 1844, read, as follows: "I am directed to acknowledge the receipt of the Resolution of the Inner Temple Benchers, dated 23rd instant, upon the subject of daily morning service at the Temple Church, and to state for their information that the Masters of the Bench of this Society were prevented from entertaining the question at thcir Parliament held last evening, and that the subject will be taken into consideration at the first Parliament to be held next term.Resolved that the consideration thereof be adjourned to Friday next. Resolved that it be entered on the Minutes that the Resolution of the Bench of this day adjourning the consideration of the Middle Temple letter was carried by the casting vote of the Treasurer. BENCH TABLE Feb. 2

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr. Thesiger, Mr. Burge, Mr. Evans, Mr. Whateley, Mr. Wortley and Mr. Hardy. Ordered upon the petition of David Wagner, son of Margaret Wagner, deceased, widow of a former Watchman, and late a pensioner, that her funeral expenses be paid by the House, not exceeding the sum of five pounds. Memorial read, from the Treasurer and Committee of the Parochial Charity and Foundation Schools of the Parish of St. Dunstan in the West Fleet Street, for assistance in aid of those Schools: "That the Schools of the said Parish are wholly supported by voluntary contributions given by the inhabitants and others, as will be seen by the enclosed book. That the Rt. Hon. Lord Cottenham, late Lord Chancellor, the Rt. Hon. the Master of the Rolls for the Rolls Estate, now in the hands of Her Majesty's Commissioners of Woods and Forests, the Law Life Assurance Company, the Incorporated Law Society, the Legal and General Assurance Company and Clifford's Inn, among others are liberal contributors to such Schools. That of the children educated in the said Schools, a large proportion are found to belong to parents residing in Whitefriars or in parts of the parish closely adjacent to the Temple, and whose occupations consist in attendance of various kinds on the gentlemen who are members of, or who occupy chambers in the Temple.

484


1844 HILARY TERM (Cont'd.) That no school being maintained by the attendants at the Temple Church, it is plainly inevitable that these children should be brought to the school of the parish immediately adjoining. That the funds of the said School are now in a low state from various great improvements recently made in it and that the memorialists are therefore competed to seek for assistance in every legitimate quarter. That, as it is wholly a voluntary society, every subscriber to which is at perfect liberty to give or to withhold his donation as he shall see fit, no future claim can in any way arise out of any gift made to it. That under the circumstances, your memorialists humbly entreat such beneficial aid as your Honourable Bench may see fit to grant towards educating the children of poor parents many of whom are in the employment of your own body. [signed]: Edward Auriol, Rector, Thomas Sloan, Treasurer, Jos. Charles and C. Holmes, Churchwardens, and others..." Ordered that the sum of twenty five pounds be granted out of the funds of this Society in aid of the objects of the memorialists, as a donation. Letter from the Middle Temple, read at the Bench Table 30thJanuary last, considered, and ordered that the Treasurer be requested to write a letter to the Treasurer of the Middle Temple, expressing a hope that their Bench would concur with the Bench of this House in opening the Temple Church for the performance of divine service during Lent, without prejudice to the general question of divine service being performed therein throughout the year. Business adjourned to Friday, 9thinstant. BENCH TABLE Feb. 9

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr.Thesiger, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Chilton, Mr. Roebuck, Mr. Wyatt, Mr. Dowdeswell, Mr. Hardy and Dr. Lushington. Letter from the Treasurer of the Middle Temple, J.M. Leake, Esq., addressed to the Treasurer of the Inner Temple and dated 5th February 1844, in reply to the Resolution of the Bench of 2ndinstant, upon the subject of daily service at the Temple Church during Lent, read, as follows:

485


1844 HILARY TERM (Cont'd.) "Having left town a few days before the end of Hilary Term, I can only state my own conviction that there can be no objection on the part of the Benchers of the Middle Temple to the performance of divine service in the Temple Church during Lent. It will, of course, be understood that such a step will not affect the question of daily service to be brought before the Bench of the Middle Temple the first Parliament of the next term." Ordered the Benchers of the Middle Temple having separated, in consequence of the above letter, this Society will make the necessary arrangements for the performance of divine service at the Temple Church during the ensuing season of Lent, and that the Treasurer be requested to write a letter to the Master of the Temple informing him thereof and requesting his concurrence therein. BENCH TABLE Feb. 14

Present Sir Charles Wetherell, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Chilton and Mr. Wyatt. Ordered that the Society's Solicitor do obtain a copy of the Bill, lately introduced into Parliament by the Lord Chancellor, "to consolidate the jurisdiction and improve the practice of the Ecclesiastical courts of England and Wales, and for otherwise altering and amendirm the law, in certain matters Ecclesiastical", and to ascertain whether there is any thing in the Bill which may affect the interests or privileges of this Society. Ordered that George Chilton, Esq., a Master of the Bench, be at liberty to exchange occupation of his chambers, No. 2 Paper Buildings, with George W. Bramwell, Esq., a barrister of this Society, of No. 7 Crown Office Row. Mr. Chilton and Mr. Bramwell being both tenants of the House. Mr. Spence giving notice of motion for Wednesday, 28th instant, "that the sum of five guineas be given as a gratuity to the Association for the Relief of the Poor of the City of London and Parts Adjacent". Business adjourned to Thursday, 22nd instant. BENCH TABLE

Feb. 17

Special Meeting, summoned by The Treasurer Present The Treasurer, Sir George Rose, Mr. Thesiger, Mr. Burge, Mr. Spence, Mr. Chilton, Mr. Evans, Mr. Whateley, Mr. Wortley, Dr. Lushington and Sir John Beckett.

486


1844

HILARY TERM (Cont'd.) Letter from the Treasurer of the Middle Temple, J.M. Leake, Esq., dated 14th February 1844, and addressed from Thorp Hall, read, as follows: "I am sorry to inform you that I was in an error in anticipating that our Benchers would make no objection to opening the Temple Church during Lent. I have received this morning a request from a meeting of several of our Benchers at the Parliament Chamber, that I should inform you of their wish that the whole question should be deferred until next term. If you could see any of our Benchers resident in the Temple perhaps they might have no objection to service on Wednesdaysand Fridays during Lent." Resolved that the consent of the Middle Temple, not having been obtained, morning service at the Temple Church during the ensuing Lent [is] not to take place without such consent and that the Treasurer be requested to write to the Treasurer of the Middle Temple and inform him that a communication had been made to the Master of the Temple informing him that daily service during Lent would be performed in the Church, to which communication, the Master had expressed his satisfaction, and also, that it was generally so understood by the Members of both Societies, that under these circumstances, this Bench still entertained a hope that the Bench of the Middle Temple would be induced to give their consent to the perthrmance of the service during Lent, by Wednesday next, in order that notice thereof might be given in the Church on that day. BENCH TABLE Feb. 22

Present Sir Charles Wetherell, Sir George Rose, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Wyatt, Dr. Lushington and Mr. Hallam. Mr. Henry Richard Eyre, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Business adjourned to Wednesday, 28'h instant. BENCH TABLE

Feb. 28

Present Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Wyatt, Mr. Dowdeswell and Dr. Lushington.

487


1844 HILARY TERM (Cont'd.) Ordered upon the motion of Mr. Spence, "that the sum of five guineas be given as a gratuity to the Association for the Relief of the Poor of the City of London and Parts Adjacent", approved. Business adjourned to Wednesday, 6th March. BENCH TABLE Mar. 6

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Flolt, Mr. Burge, Mr. Spence, Mr. Wyatt and Mr. Dowdeswell. The Treasurer, being informed by the Solicitor of the Society that, in consequence of the Resolution of the Committee of the two Societies appointed to consider Mr. Savage's claim for superintending thc repair of the Temple Church, communicated to Mr. Savage in the words of Mr. Chilton's letter below (and which letter is hereby adopted on the part of this Society), Mr. Savage intends to enter an action against the two Societies for the amount of his claim and is desirous of being informed against whom he should enter such action. Letter from Mr. Henry C. Chilton of 7 Chancery Lane, dated 2nd March 1844 and addressed to James Savage, Esq., Architect, 31 Essex Street, Strand, as follows: "I am instructed by the Committee of the Honourable Societies of the Inner and Middle Temple to inform you that they have investigated and considered the accounts sent in by you relating to the repairs of the Temple Church. If you are inclined to accept ÂŁ330, in addition to the ÂŁ700 already received, in full satisfaction and discharge of your accounts against those Societies. I am authorized to offer you that sum. I should add that in making this offer your right to it is not intended to be admitted and the Societies reserve to themselves the power of contesting it hereafter if it should not be accepted." Resolved that Mr. Savage be informed on the part of this Society, that he is at liberty to enter his action against Francis Ludlow Holt, Esq., one of the Masters of the Bench.

[signed]: "Examined

488

John Wyatt April 16th 1844"


1844

EASTER TERM

BENCH TABLE Apr. 16

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Whateley, Mr. Wortley, Mr. Roebuck and Mr. Wyatt. Orders of the last term were read. Mr. Edward Elcock Molyneux, a student, to have permission to practise as a Special Pleader extended for one year. Grand Day this term to be Thursday, 25th April instant. The Sub-Treasurer reporting that Charles Carpenter Bompass, Esq., Serjeant at Law, died on 29th February last, and that by his death a set of chambers, situate one pair of stairs north at No. 3 Flare Court, had devolved to the House: ordered that Mr. Wyatt and Mr. Burge do view the same and report the annual value thereof. Sir Frederick Pollock, Attorney General, having been appointed Lord Chief Baron of the Exchequer, and his Bench chambers fallen vacant by his promotion, ordered that they be disposed of at the Parliament to be held on 3rd May next. Ordered that Mr. Whateley and the Hon. Mr. Wortley be added to the Standing Committee of this House, and that the Committee be requested to meet on Friday next, upon the subject of Mr. Savage's claim for superintending the repairs of the Temple Church, if that day is convenient to the members of the Committee of the Middle Temple. Ordered that the sum of twenty guineas be given to the Bishop's Court Dispensary, as a gratuity, in aid of the funds of that charity. Ordered that the Rules of this Society, as to the examination of gentlemen previous to their admission, be reconsidered on Friday next, and whether it is expedient that any more Examiners should be appointed. Ordered that thc Choir Committee be requested to report their opinion as to any future arrangements which they may consider necessary for duly carrying on the choral service at the Temple Church. BENCH TABLE

Apr. 19

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr.Holt, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton,

489


1844 EASTER TERM (Cont'd.) Mr. Whateley, Mr. Wortley, Mr. Wyatt, Mr. Hardy and Sir John Beckett. Mr. William Henry Leathley, a student, to have permission to practise as a Special Pleader extended for one year. Mr. William Henry Butterworth, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Report of the Choir Committee appointed to terminate Mr. Calvert's envgement as Master of the Choir of the Temple Church, dated 19" April 1844, and signed by Robert Comyn, Chairman, J.C. Talbot, W. Whateley, and James S. Wortley, read, as follows: "Parliament Chamber, Middle Temple The Committee appointed by the respective Orders of the two Societies of 23"i and 26th January last, to take such steps for the termination of Mr. Calvert's contract and engagement as Master of the Choir as they should deem most advisable, have to report to the respective Benches: That the Committee have had several meetings and fully considered the subject referred to them, and have terminated Mr. Calvert's engagement upon paying to him the sum of ÂŁ112 12s. in full of his claim for remuneration and expenses as Master of the Choir from Christmas last, the Committee undertaking on the part of the two Societies the expense of the choir exclusive of Mr. Calvert from that period. Mr. Calvert being therefore no longer Master of the Choir of the Temple Church, it becomes necessary that new arrangements should be made for duly carrying on the choral service, and for the proper and regular tuition and rehearsal of the boys. Under the former system, Mr. Calvert, as Master of the Choir, had the whole arrangement and engagement of the members of the choir, both adults and boys, and the payment to them for their respective services. From circumstances which have come before the Committee in the course of their enquiry, they have found that this system has caused great inconvenience and dissatisfaction to the members of the choir, consequent on the irregular manner in which the salaries have been paid. The Committee are of opinion that this arrangement should be discontinued in future and they therefore beg to submit and do recommend to the respective Benches, that the Societies should take upon themselves the engagement and appointment of the adult members of the choir and that the organist should have the engagement and control of the boys. It should be his duty to instruct, rehearse and make them perfect in the performance of the chants and other singing required of them, and from time to time engage and 490


1844 EASTER TERM (Cont'd.) instruct other boys as vacancies may occur. He should have the charge of the music books and other, the property of the Societies connected with the choir, and that he should copy music for the use of the choir when necessary. The Committee recommend that it should also be the duty of the organist to see that a book is at all times kept in the choir room, in which each member of the choir whose duty it is to be in attendance, should enter his name, on each Sunday throughout the year, also on Good Friday and Christmas day, both morning and afternoon. The Committee beg also to suggest that, in their opinion, it will be necessary that some one or two of the Masters of the Bench of each Society, or the Treasurers of each Society for the time being, should have the superintendence and regulation of the choir. It should be the duty of the organist within a week before the commencement of each month, with the assistance of the adult members of the choir, to select and settle the anthems, chants, sanctuses etc. and services for the ensuing month, and he should submit the same to the Treasurers or Benchers so appointed to regulate the choir for their approval. He should alter, arrange or abide by the same, as the Treasurers or Benchers so appointed should direct, and that such anthems, chants, sanctuses etc. and services when so settled and agreed upon, should be permanently fixed for such ensuing month and not altered or departed from, unless special circumstances required it, such as the death of any of the Royal family, or other special circumstance as in the opinion of the Treasurers or Benchers so appointed should be considered necessary and that he should affix a copy thereof in the choir room, to remain there during the month, and likewise, furnish a copy to be placed in the Parliament Chamber of each Society. The Societies, having voted the sum of ÂŁ450 per annum for the maintenance of the choir, the Committee recommend that the following permanent arrangements should be entered into, subject in all cases to three months notice for their discontinuance, viz.: That Mr. Young and Mr. Wylde should be engaged for alternate months as principal altos, the former at the rate of 60 guineas, and the latter at the rate of 50 guineas per annum. That Mr. Horncastle and Mr. Bennett should be engaged for alternate months as principal tenors, at the rate of 50 guineas each per annum. That Mr. Machen and Mr. Sequin should be engaged for alternate months as principal bass singers, the former at the rate of 60 guineas per annum, and the latter at the rate of 50 guineas per annum.

491


1844 EASTER TERM (Cont'd.) That Mr. Dando should be engaged as constant second alto at £50 per annum. That Mr. Roe should be engaged as constant second tenor at £50 per annum. That Mr. Lee should be engaged as second bass singer at 52 guineas per annum. That Mr. Hopkins, the Organist, should be engaged to superintend and instruct the boys as before mentioned, at £40 per annum for his services in this respect, and that he should be allowed £100 per annum to be paid over by him to the boys so engaged as members of the choir, for their services therein, in the following proportions, that is to say, £15 per annum to each of the four senior boys, and £10 per annum to each of the four junior boys, and that the Organist should within fourteen days from each quarter day, deposit with the Under-Treasurers of the two Societies, the receipts in moieties for such respective payments, such receipts to be filed by the Under-Treasurers with the other vouchers of expenditure of the choir. In entering into the engagements so recommended by the Committee it should be imperative on the boys to attend rehearsals when required by the Organist or by Order of the respective Treasurers or Benchers, and that none of the members of the choir should be allowed to quit the Church before the service is over, nor be allowed to perform their respective duties by deputy except in case of illness or upon special application." Resolved that the Report is unanimously confirmed on the part of this Society. Ordered that the reconsideration of the Rule of this Society as to the examination of gentlemen, previous to their admission, be adjourned, and that the following gentlemen, barristers of this Society, be appointed Examiners in addition to the present Examiners, viz.: Robert Ingham, Henry Davison, William Hopkins Harrison, Gerard Wolfe Lydekker and Thomas Henry Haddan, Esquires, and further, that all the Masters of the Bench of this Society be ex-officio Examiners. BENCH TABLE Apr. 23

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr. Preston, Mr. Spence, Mr. Starkie, Mr. Richards, Mr. Whateley, Mr. Wyatt and Sir John Beckett.

492


1844

EASTER TERM (Cont'd.) Mr. William Godfrey Whatman, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Resolutions received from the Middle Temple, read: "At Parliament held I 9th April 1844 The subject of daily morning service at the Temple Church, having been again taken into consideration; resolved: That it is not expedient under existing circumstances to make any alteration in the time of holding divine service in the Temple Church. The Report of the Joint Committee relative to the Temple Choir, dated this day, and the Inner Temple Resolution annexed thereto, having been laid before this Parliament, the same is agreed to on the part of this Society." 3 1d may, Sir Charles Wetherell giving notice of motion for Friday, "that he will bring under the consideration of the Bench, the question of daily morning service at the Temple Church". Ordered that the Treasurer be allowed last Michaelmas Term as kept. Ordered that a gratuity of thirty pounds be given to the Revd. Mr. Rowlatt, the Reader of the Temple Church. Ordered that the Treasurer for the time being, with William Burge, Esq., William Whateley Esq., and the Hon. James Stuart Wortley, be appointed on the part of this Society, in conjunction with such Masters of the Bench of the Middle Temple as may be appointed by that Society, be a Committee, to have the superintendence and regulation of the choir of the Temple Church, as recommended in the Report of the Joint Committee of the two Societies , dated 19th April last, and confirmed by the respective Benches on the same day. PARLIAMENT Apr. 26

Present The Treasurer, Mr. Holt, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Richards, Mr. Rogers, Mr. Whateley, Dr. Lushington and Mr. Hallam. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last vacation.

493


1844 EASTER TERM (Cont'd.) BENCH TABLE Apr. 26

Present The Treasurer, Mr. Holt, Mr. Thesiger, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Richards, Mr. Rogers, Mr. Whateley, Dr. Lushington and Mr. Hallam. Ordered that A.V. Kirwan, Esq., a barrister of Gray's Inn, be permitted to have access to the Library of this Society, for six months during the usual hours. BENCH TABLE

Apr. 30

Present The Treasurer, Sir Charles Wetherell, Mr. Preston, Mr.Burge, Mr. Spence, Mr. Starkie. Mr. Chilton, Mr. Evans. Mr. Armstrong. Mr. Whateley, Mr. Wyatt, Mr. Dowdeswell and Mr. Hardy. Mr. William James Newman, a student, having paid all dues, to have his name withdrawn and his bond delivered up. The thanks of the Society to be conveyed by the Sub-Treasurer to Sir John Stoddart, for his present to the Library of a copy of his pamphlet, entitled, "Observations on the Opinion delivered by Lord Cottingham, 23' February 1844, on the Writ of Error in the Case of the Queen v. Millis-. PARLIAMENT

May 3

Present Sir Charles Wetherell, Sir George Rose, Mr.Holt. Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie. Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Whateley, Mr. Wyatt, Mr. Hardy, Dr. Lushington and Sir John Beckett. Messrs. Alexander Heslop, Thomas Vance and Henry William Hodgson, called to the Bar. Disadmittance from, and admissions to, Bench chambers with fines of 40s:Richard Preston, Esq., from Bench chamber two pair of stairs south No. 11 Paper Buildings, to Bench chamber late of Sir Frederick Pollock, ground floor south No. 5 King's Bench Walk. George Spence, Esq., from Bench chamber one pair of stairs east No. 7 Fig Tree Court, to Bench chamber late of Richard Preston, Esq., two pair of stairs south No. 11 Paper Buildings.

494


1844 EASTER TERM (Cont'd.) Thomas Joshua Platt, Esq., from Bench chamber one pair of stairs south No. 2 Flare Court, to Bench chamber late of George Spence, Esq., one pair of stairs east No. 7 Fig Tree Court. Francis James Newman Rogers, Esq., from Bench chamber ground floor south No.10 Farrar's Buildings, to Bench chamber late of Thomas Joshua Platt, Esq., one pair of stairs south No. 2 Hare Court. John Hardy, Esq., from Bench chamber one pair of stairs in the Hall staircase, to Bench chamber late of Francis James Newman Rogers, Esq., ground floor south No.10 Farrar's Buildings. Sir John Beckett, to be admitted in and to the Bench Chamber late of John Hardy, Esq., one pair of stairs in the Hall staircase. BENCH TABLE May 3

Present Sir Charles Wetherell, Sir George Rose, Mr.Holt, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Whateley, Mr. Wyatt, Mr. Hardy, Dr. Lushington and Sir John Beckett. Resolved unanimously: that the Masters of the Bench of this Society deem it their duty to renew their previous Resolution of 23rdJanuary 1844, "that it is desirable that there should be daily morning service in the Temple Church". that this Resolution be communicated to the Masters of the Bench of the Middle Temple, and that a conference with them be requested on the subject of the expediency of a daily service. that the following gentlemen be the Committee of conference on the part of this Society: The Treasurer, the Solicitor General, Dr. Lushington, Sir Charles Wetherell, Sir John Beckett, Mr. Burge, Mr. Platt, Mr. Chilton, Mr. Whateley and Mr. Wortley. BENCH TABLE

May 7

Present The Treasurer, the Solicitor General (Mr. Thesiger), Sir Charles Wetherell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Richards, Mr. Armstrong, Mr. Whateley, Mr. Wyatt and Dr. Lushington. The following Order on the subject of the choir, received from Edward Eldred, Esq. the Sub-Treasurer of the Middle Temple, read:

495


1844 EASTER TERM (Cont'd.) "At Parliament held 3rdMay 1844 Upon the BTO of the Inner Temple, dated 23rd ultimo, On the subject of the superintendence and regulation of the choir at the Temple Church, having been read: It is ordered that the Treasurer for the time being, with Master Pollock, Master Cockburn and Master Sir R. Comyn be appointed on the part of this Society in conjunction with the gentlemen appointed on the part of the Inner Temple, to have the superintendence and regulation of the choir at the Temple Church." The following letter, dated 4'1 May 1844, from Edward Eldred, Esq., the Sub-Treasurer of the Middle Temple, upon the subject of daily morning service at the Temple Church was read, as follows: "I am directed to acknowledge the receipt of the Bench Table Resolution of the Masters of the Bench of the Inner Temple, dated 3rdinstant, upon the subject of daily morning service at the Temple Church, and to state for their information that the Masters of the Bench of this Society regret that their Rules precluded them from entertaining the question at the Parliament holden last evening, and that the subject will be taken into consideration at the first Parliament to be holden in the next term." The thanks of the Society to be conveyed by the Sub-Treasurer to Sir Edward Hyde East, one of the Masters of the Bench, for his present to the Library of a supplement to his work, entitled, "The Certainty of the Origin of Evil in the World, and the Probable Pre-existence of Mankind in the Fallen Angels". Dr. Lushington, moving "that steps should be taken against Mr. Wilkins, a barrister of this Society, for unprofessional conduct as a barrister in advertising his defence as Counsel in the case of the Crown v. Barber, for forgery". Resolved that Mr. Starkie and Mr. Burge be requested to search for precedents as to the authority of the Bench over the barristers of this Inn for misconduct, and report to the Bench on Friday next. BENCH TABLE May 10

Present The Treasurer, Sir Charles Wetherell, Mr. Holt, Mr. Burge, Mr. Platt, Mr. Starkie, Mr. Armstrong, Mr. Whateley, Mr. Roebuck, Mr. Wyatt and Mr. Hardy. Report of the Committee appointed to search for precedents as to the authority of the Bench over barristers of this Society for misconduct, dated 10'h May 1844, read, as follows: 496


1844 EASTER TERM (Cont'd.) "William Burge, Esq., and Thomas Starkie, Esq., having been appointed a Committee in pursuance of the BTO of Tuesday last, to search for precedents and report as to the authority of the Bench over barristers of this Inn for misconduct, do accordingly report: That the Records of the Society as connected with this subject, do not extend beyond the year 1680. In these Records they find many instances of putting out of Commons members of the Inn for various petty offences, consisting chiefly in the infringement of the regulations relating to the Hall which the Committee think are not material to the present enquiry. The following are the cases, in order of date, which relate to misconduct on the part of banisters brought under the notice of the Bench: On 7thNovember 1689, Mr. Pigott having refused to take the oaths of allegiance and supremacy, his call was vacated, and Commons suspended for coming into the Hall before taking the oaths, and then refusing to take them. On 29thJanuary 1788, it was ordered that the call to the Bar of Michael Schoole should be vacated, and that he should be disbarred. This Order was founded upon proof that before the said Michael Schoole had been called to the Bar, an indictment for perjury had been found against him in Ireland and that the recognizances of the said Michael Schoole and of his sureties for the appearance of the said Michael Schoole to answer the said indictment had been estreated by reason of his non-appearance to answer the said indictment. It further appears from the Records of the Society that the recognizances had been estreated before Mr. Schoole's call to the Bar, the fact being unknown to the Society at the time of his call. On 28thApril 1809, it was moved and seconded that Bygrave Wyborn, a barrister of this Society, should be convened to attend the Bench Table, on the statement that it had been discovered since his call to the Bar that in the year 1801, an information had been filed against him for libelling certain persons. That having suffered judgment by default, he had been sentenced to pay a fine of 30 marks, to be imprisoned for three calendar months, and to enter into recognizances for his good behaviour, circumstances which were unkown to the Society on his call to the Bar, in the preceding Hilary Term (1809). The motion was negatived and it does not appear that any further notice was taken in the matter so alleged. In November 1834, a charge was entertained against John Horatio Lloyd, the circumstances of which are too well known to the Society to require further notice. 497


1844 EASTER TERM (Cont'd.) On 30th June 1843, the attention of the Bench was drawn to a letter purporting to have been published by Edward Ings, a barrister of the Society, soliciting pupils, to be instructed by him with a view to their admission to practise as attorneys and solicitors in the Courts of Law and Equity, and setting forth his own qualifications to prepare such pupils for examination. By the authority of the Bench, a letter was written to him for the purpose of ascertaining whether he had published that letter. Mr. Ings admitted that he had done so, but no Order was made by the Bench, and the matter was adjourned sine die. It may be proper further to state generally, that the Committee find many instances in which barristers have been disbarred upon their own application, and where the Orders for disbarring have been recognized by the Courts at Westminster on admittinv, the parties so disbarred to practise as attorneys. The Committee think it material also to call the attention of the Bench to two important cases which have recently occurred at Lincoln's Inn and Gray's Inn, the particulars of which have been transmitted to this Society. The first is the case of William Cheek Bousfield who, on the 19thof December 1839, was disbarred by the Society of Lincoln's Inn, after hearing and proof that he had been remanded by the Insolvent Court for the space of sixteen months for a fraudulent breach of trust. The second is the case of Robert Cook and John Richard Cook, barristers of Gray's Inn, who on 18th June 1840 were, after hearing and proof, disbarred on the following charges: that they had since they were called to the Bar acted as money agents, and discounters of bills, and professed money lenders, and that in the cases of Cole v. Cook and Cook v. Dansey, they had conducted themselves in an improper extortionate and dishonest manner, oppressive to the parties concerned, and inconsistent with the characters of barristers and gentlemen.Ordered that the consideration of the Report be adjourned to Friday, 31' May. Ordered that the allowances of ÂŁ12 16s to John Gardner, and ÂŁ22 to Aurelia Gardner, two of' the children of the late Sub-Treasurer, be continued for another year. Petition from the two Turnspits to the Treasurer and Benchers of the Inner Temple, [with no date], read as follows: "The humble petition of Joseph Todd. and Thomas Mills. Turnspits.


1844 EASTER TERM (Cont'd.) That your petitioner Joseph Todd, has for twenty three years and upwards been employed by your Honourable Society as First Turnspit. That your petitioner Thomas Mills, has from his youth been employed by your Honourable Society, and for a period of thirty years and upwards has held the situations of Waiter and Second Turnspit, the former situation nine years, and the latter about twenty one years. That, from length of servitude and other circumstances, your petitioner Joseph Todd has become weak of intellect and unable to perform his duty. That your petitioner Thomas Mills is greatly afflicted with rheumatic gout and unable (with satisfaction to himself) to continue to perform such duty. Your petitioners therefore humbly hope that your Honourable Board will be pleased to take their respective cases into consideration, and grant them such relief as to your honourable Board shall seem meet. And as in duty bound, they will ever pray etc. [signed] J. Todd Thos. Mills" Ordered that the petition be referred to Mr. Whateley, Mr. Roebuck and Mr. Hardy and that they be requested to report to the Bench on the subject.

499


1844 TRINITY TERM

BENCH TABLE May 24

Present The Treasurer, the Solicitor General ( Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Richards, Mr. Dundas, Mr. Whateley, Mr. Roebuck, Mr. Wyatt, Sir John Beckett and Mr. Hallam. Orders of the last term were read. Grand Day this term to be Monday, 10111June,and that the Judges, formerly members of this Society, be invited to dine with the Masters of the Bench. Report of the Committee to whom the Turnspits' petition was referred, dated Friday, 24 May 1844, read as follows: "The Committee to whom the pension of the Turnspits was referred, have to report to the Bench, that they find that Joseph Todd, the First Turnpit, has held his situation for 23 years, and that he is now 57 years of age. He has 5 children, four sons, and one daughter, and the 2 eldest sons are upwards of 30 years of age and work at their trades, one as a shoemaker and the other as a blacksmith, and are both quite independent of their father. The two other sons of the ages 23 and 16, are totally incapable of getting their own living, being of extremely weak intellect, and the girl lives with the father to keep his house, his wife being dead. The Committee having examined Todd find that he is himself quite imbecile and not capable of performing the duties of his situation or capable of now getting his own living. With respect to Thomas Mills, the Second Turnspit, the Committee find that he is 53 years of age and has held his situation as Turnspit for 21 years, and that he was previously a waiter for 10 years. He is by trade a bricklayer, the profits of which he states are some times £80 a year but he considers the average £60. He has 4 children, one boy aged 22 who is employed in his trade, and 3 girls, the eldest of whom is married and the two youngest of the ages 18 and 16 live at home with him. He states that from an injury he received in his back whilst employed in his trade, and from frequent attacks of rheumatism he is not able now to attend to the duties of his situation, and that he has since the year 1829, by permission of the then Treasurer, had a man to assist him to whom he had paid £20 a year. He admits that he is not without means of obtaining a living, and that he has saved money. The Committee find that the remuneration to each of these men who are only employed by the Society about 120 days in the year. is very exorbitant, at one time averaging £103 each, but from the 500


1844 TRINITY TERM (Cont'd.) circumstance of the attendance of members in the Hall having fallen off, the average of the last 3 years was £90 each. The payments are as follows: Paid by the Society Fees from members Profits from the sale of commons from the student's table

£34 13

13 8

2 6

42 £90

0 1

0 8

Under all the circumstances, the Committee recommend that the resignation of each of them should be accepted, and that a pension of £30 per annum be granted to Todd, but that no pension should be granted to Mills. The Committee beg leave further to call the attention of the Bench to the extravagant wages given to these men and to the objectionable mode of payment and they would further suggest that a Committee should be appointed to enquire into and propose a plan for the remodelling of the kitchen establishment." It is ordered that the Report be confirmed, and that Mr. Richards, Mr. Whateley and Mr. Roebuck be a Committee to consider and propose a plan for the remodelling of the kitchen establishment of the House, and report thereon to the Bench. PARLIAMENT May 31

Present The Treasurer, Sir Charles Wetherell, Mr. Law, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Richards, Mr. Armstrong, Mr. Baines, Mr.Whateley, Mr. Roebuck, Mr.Wyatt, Mr. Hardy and Dr. Lushington. Dissolved. BENCH TABLE

May 31

Present The Treasurer, Sir Charles Wetherell, Mr. Law, Mr. Holt, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Richards, Mr. Armstrong, Mr. Baines, Mr. Whateley, Mr. Roebuck, Mr. Wyatt, Mr. Hardy and Dr. Lushington. Further consideration of the Report of the Committee appointed to search for precedents touching the authority of the Bench over banisters of the Society for misconduct, read at the Bench Table on 101hinstant: ordered that the following letter be sent to Charles Wilkins, Esq., a barrister of this Society by the Sub-Treasurer, Mr. Edward Fl. Martin: 501


1844 TRINITY TERM (Cont'd.) "Treasurer's Office, Inner Temple, lt June 1844 Sir, I am desired by the Masters of the Bench of this Society to request you will inform them whether an advertisement which appeared in the Times Newspaper of Friday, 26th April last, of which the following is a copy, was inserted by your authority. "Mr. Barber's sentence —As it is utterly impossible that Mr. Wilkins can reply by letter to the multitude of correspondents who have addressed him on the subject of Mr. Barber's conviction and sentence, he earnestly requests all who can furnish any information indicative of his unfortunate client's innocence to call on him, as early as possible at 8 King's Bench Walk Temple." Edwd. FL.Martin, Sub-Treasurer"

BENCH TABLE Jun. 4

Present The Treasurer, Sir Charles Wetherell, Mr. Law, Mr. Burize, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Richards, Mr. Armstrong, Mr. Whateley, Mr. Wortley, Mr. Wyatt and Dr. Lushington. Ordered that Mr. Wyatt and Mr. Burge to view the chambers, situate up one pair of stairs east at No. 1 Hare Court, held upon the life of Mr. Godfrey Higgins, a member of this Society, the same having been disposed of to William Walsh, Esq., a barrister of this Society, and report the annual value thereof Ordered that the Sub-Treasurer do write a letter to Mr. Coleman, the Clerk of the Temple Church on the part of this Society, and inform him that the Masters of the Bench consider it his duty to attend divine service whenever it is performed, and that they have noticed his absence on several occasions. PARLIAMENT

Jun. 7

Present The Treasurer, Sir Charles Wetherell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Dundas, Mr. Armstrong, Mr. Baines, Mr. Whateley, Mr. Wortley, Mr. Roebuck, Mr. Wyatt, Dr. Lushington and Sir John Beckett.

502


1844 TRINITY TERM (Cont'd.) Messrs. Richard Musgrave, William Andrew Rew, John Dodson de Skelton, Edward Elcock Molyneux, Charles James Hargreave, James Welch, Arthur Bigge, Robert Donn and Charles Edwards, called to the Bar. Richard Preston, Esq., to be Reader of this Society for the next Trinity vacation. John Wyatt and William Burge Esquires, reporting on the BTO to view a set of chambers one pair of stairs east, in the staircase No.1 Hare Court, and the cellar thereunto belonging, whereof Godfrey Higgins, gentleman, a member of this Society, aged forty two years on the 8th ju,y I last, desires to be disadmittcd, and that Mr. William Walsh, a member of this Society aged twenty seven years on the 11th April last, may be admitted to it for his own life and upon report thereof made at this Parliament: ordered that William Walsh be admitted to the said chambers and the cellar belonging, for his own life, paying for his fine ninety five pounds and for his admittance forty shillings. BENCH TABLE Jun. 7

Present The Treasurer, Sir Charles Wetherell, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Dundas, Mr. Armstrong, Mr. Baines, Mr. Whateley, Mr. Wortley, Mr. Roebuck, Mr. Wyatt, Dr. Lushington and Sir John Beckett. Mr. Godfrey Higgins and Mr. William Giffard, students, having paid all dues, to have their names withdrawn and their bonds delivered up. Letter received from Charles Wilkins, Esq., of 8 King's Bench Walk and dated I June 1844, in reply to a letter sent to him under BTO 31' May last, read as follows: "I regret exceedingly that my indiscretion should have rendered any inquiries as to my conduct on the part of the Masters of the Bench necessary. The advertisement set out in your letter was inserted in the Times Newspaper of Friday 26th April last, by my authority. It was the result of strong feeling unaccompanied, I am forced to admit, by reflection. I have never ceased to regret it; and submit myself unreservedly to the censure I have incurred, but entreat the Masters of the Bench not to attribute to dishonesty of purpose, that which belongs exclusively to impulse." Resolved, that this Bench, having read Mr. Wilkins's letter explanatory of the circumstances under which he was induced to authorize the publication of the advertisement in the Times of 20 April last, and expressing a concurrence in the opinion the Masters of the Bench 503


1844 TRINITY TERM (Cont'd.) entertain that a practice of publishing such advertisements would not be consistent with a due regard to the position of a barrister, and further stating that peculiar and urgent circumstances alone induced him without sufficient consideration to resort to this measure. This Bench in discharge of their duty, have taken notice of the advertisement in question, that they retain their opinion of its impropriety, but considering thc statement of Mr. Wilkins they arc satisfied that there will not be on his part a recurrence to any such measure, and that therefore it is not incumbent on the Bench to take any further cognizance of this case. Ordered that a copy of this Resolution be communicated to Mr. Wilkins. Mr. Burge and Mr. Wyatt reporting the annual value of the chambers lately devolved to the House by the demise of Mr. Serjeant Bompas, situate one pair of stairs north No. 3 Flare Court to be thirty five pounds: ordered that they be let at that sum. Report read by the Committee appointed by BTO 24' May last, to consider and propose a plan for the remodelling of the kitchen establishment of the House: That it appears to your Committee that there are more servants employed in the kitchen than necessary, the present establishment consists of the Chief Cook, Under-Cook, two Turnspits and four Kitchen Women, besides the Turnspits' man and woman. The Committee are of opinion that it would be advisable to reduce this establishment by one Turnspit, two Kitchen Women, and the Turnspits' man and woman, which latter are employed as deputies by the Turnspits, and paid by them. In their stead a Kitchen Man should be appointed by the Society to clean the heavy coppers, clean the barristers' and students' knives, light the fires, fetch up the coals, assist in washing up the large pewter dishes and perform the general scullery work of the kitchen, at wages of ÂŁ 1 15s. per week during term and 4s. 6d. per diem, for his attendance at the dinners out of term.' A woman should be appointed to clean the smaller coppers, and to assist the man in the general scullery work at fl 1s. per week during term and 3s. 6d per diem, for her attendance at the dinners out of term, these being the same duties as are now performed by the Turnspits' deputies, which deputies the Committee recommend should be appointed to these situations. -

The Chief Cook and Under-Cook should perform their duties as heretofore and the two remaining Kitchen Women should be required 3

In margin entered, "upon petition this was increased to 5/- per diem".

504


1844 TRINITY TERM (Cont'd.) to clean the tables and dressers in the kitchen, in addition to the pewter and plates and their other duties, and in future, they would not be required to prepare the vegetables or assist in making pastry, which the Chief Cook with the assistance of the Under-Cook and Turnspit would prefer doing, and should be wholly responsible for that part of the kitchen duty. The Turnspit should be relieved from the responsibility of the duties hitherto performed by the Turnspits' deputies, now to be performed by the Cook's man and the woman proposed to be appointed as before stated. Instead, the Turnspit should be required generally to assist the Cook in preparing the Hall dinners and getting ready the necessary vegetables etc. for the dinner. He should also give his attendance to assist the Cook in preparing the dinners out of term, and likewise, attend to take in the coals, wood etc. for the kitchen when required. By this arrangement, the work of the kitchen would be much better and more conveniently done than under the present system. The Committee would recommend that the Turnspit to be appointed should have a salary of £40 per annum and no perquisites, fees or other allowances whatever. The two Turnspits having resigned their situations, and it being proposed to appoint one only for the future at a fixed salary of £40 per annum without perquisites, the broken victuals from the students' tables hitherto the perquisites of the Turnspits, the Committee propose should be taken by the Chief Cook and also the broken victuals from the barristers' tables now the perquisites of the Pannierman should also be taken by the Chief Cook, so that these very objectionable perquisites may be wholly abolished for the future, and that the Chief Cook, in consideration of taking back the remains of the commons from these tables, should reduce his contract charge of 12 shillings per mess to 11 shillings per mess. By these arrangements the expenses of the kitchen would be reduced by the following amounts, viz: Reduction on the cost of commons upon the average of the last 3 years

£8518s.Od.

Salary and allowances heretofore paid to the two Turnspits

7734

ditto to the two Kitchen Women

65104 £228Ils.8d.

505


1844 TRINITY TERM (Cont'd.) From this amount of reduction should be deducted the salary to be paid to the new Turnspits of

40s.

ditto to the Kitchen Man

20s.

ditto to the Woman

16s. 16d.

Leaving a reduction of the Kitchen expenses of

Od.

ÂŁ76

16s.

Od.

ÂŁ151

15s.

8d.

from which the Bench will have to consider whether any and what allowances should be made to the Kitchen Women whose services are dispensed with, and to the Pannierman in lieu of the remains of commons from the banisters' tables. In the above calculations, the Committee have wholly excluded the charge made upon the banisters and students for cleaning knives hitherto the perquisite of the Turnspits and Deputy Pannierman, amounting to about ÂŁ25 a year, and they are of opinion that these charges should not be made in future and which duty is hereafter proposed to be done by the Kitchen Man. As heretofore, complaints have been made of great insubordination of the servants in the kitchen to the authority of the Chief Cook, the Committee would recommend that the following Order should be passed by the Bench Table and a copy of it placed in the kitchen, viz.: "That all the servants in the kitchen be under the superintendence and direction of the Chief Cook, and that they be ordered not on any account to absent themselves without the permission of the Treasurer, and that the Chief Cook do give such directions from time to time as he may think most beneficial for the proper performance of the various duties to be done in the kitchen, and all the servants therein are hereby required to pay a proper respect to the Chief Cook, and to perform such duties as may be required of them, and that in case of any neglect or inattention, the Chief Cook do immediately report them to the Treasurer or Senior Bencher present at the Table. And it is further ordered that no deputies or strangers whatever be admitted into the kitchen.The Committee having reported their opinion on the subject of the kitchen establishment as requested, beg further to represent to


1844 TRINITY TERM (Cont'd.) the Bench one or two matterswhich came under their notice in the course of their enquiry. In the first place, the Committee call the attentionof the Bench to the very exorbitantsalary and emoluments of the Pannierman considering the very limited extent of his duties and responsibilities, which in fact is merely that of decanting the wine and placing it upon the tables and keeping a properaccount of the consumption, and from time to time receiving a fresh supply from the Society's stock, and also that of taking charge of the soda water etc. used at the Bench Table. He also makes the tea and coffee for the Bench and Hall, but for which he is allowed to make a separate charge. The Committee consider that there is not a sufficient check kept upon the quantityof wine broughtup to the Bench Table, the present system being for the Panniermanto enter the quantityin a book and obtain the Junior Bencher's signatureas to its correctness, but at present there is no satisfactory means of the JuniorBencher ascertainingthat the quantitycharged is the quantityactually brought to the Table. Although the Committee have no reason to believe but that the quantitycharged is correct, yet they think that more effectual means should be adopted by which the Junior Bencher could ascertain the correctness of the entry, and they would thereforerecommend that ivory tickets for pints and bottles should be made, on which should be the name of each description of wine used at the Bench Table, and that with each bottle or pint of wine broughtup, a ticket should be brought with it and put into a glass to be placed by the JuniorBencher on the Table in the Hall, and when the Bench rise, he should be requestedto take the same into the ParliamentChamberso that by the tickets the JuniorBencher could check the Pannierman'swine book. In conclusion, the Committee beg to representthat in their opinion the mode of payment generally to the officers and servants of the Society is very objectionable, consisting principally of fees and allowances of uncertainand fluctuatingamounts, such as fees on admissions, calls to the Bar, Christmasboxes and collections according to the numberof members dining in the Hall. They would suggest that all these fees and collections should be accounted for to the Society and that a mode should be adopted by which each officer and servant should be paid a fixed and settled salary." Orderedthat the Reportbe confirmed, but that it be referredto the Committee to consider whether any and, if any what gratuitiesshould be paid to the two Kitchen Women whose services are to be dispensed with. Also, whether the two persons hithertoemployed by the Turnspits,to performthe general scullery work in the kitchen, should be appointedservants of the Society, as the Kitchen Man and Kitchen Woman, to performthe duties and at the wages recommendedin the 507


1844 TRINITYTERM(Cont'd.) Report.Also, that the Committeebe requestedto consider and report as to the duties and allowances of the Pannierman,and whetherany and what allowance should be made to him in lieu of the commons from the banisters' tables which commons are hereafterto be taken by the Chief Cook. It is furtherorderedthat the Committeebe requestedto consider the salariesand allowances of the officers and servantsof the House, with a view to theirrecommendinga mode by which each officer and servantmay be paid a fixed and settled salary, insteadof the present paymentsconsisting of fees, collections and allowances of fluctuating and uncertainamounts. Letterto the Sub-Treasurer,from Mr. Coleman, the Clerkof the Temple Church,addressedfrom the Courtof Exchequer,Westminster, and dated June 8th1844, read: "I beg to acknowledge the receiptof your letterof 5thinstant (but received by me only yesterday)whereinyou state you had been desiredby Mastersof the Bench of the Hon. Society of the Inner Temple to informme that they have noticed my absence from divine service on several occasions. I am very unwilling to give the Mastersof the Bench the least troubleand will thereforemake my statementto you. I readilyadmitthat I have occasionally absentedmyself from the afternoonservice, but the occasions have been few. My regular attendanceduringthe long morningservice has been rendered impossible by a bodily infirmityover which I have no control. I have never but on Whitsundaylast been absentduringthe administrationat the Sacrament,and on thatday I attendedearly in the morningand placed the emblementsof the Sacramenton the Table and remainedin Churchuntil the Litanywas over. On Sundaylast, I was in Churchfrom half past nine o'clock until the churchopened for afternoonservice. To preventthe possibility of any inconveniencearisingfrom my absence, I have enteredinto a yearly engagementwith the person who performedthe duty between the dismissal of my predecessorand my appointmentand he is regularlyin Churchevery Sabbathduring the whole day whetherI am thereor not. I am fully awarethat it is my duty to be presentupon all occasions of divine service being performed,but I hope the indulgence of occasional absence will be extendedto me. 508


1844 TRINITY TERM (Cont'd.) At present I have a son ill at Brighton, I can only visit him on Sundays. I feel confident that the Bench would not insist upon my remaining in town, if my assistant be in attendance in Church. So with regard to the Circuit, I shall shortly be called upon to leave town with the Lord Chief Baron, I earnestly hope I may be permitted to do so as I shall feel most bitterly any restriction put upon me by which I might be prevented from going the Circuit. As I have hitherto, so I will for the future, take care that the small share of duty which falls upon the Clerk shall be properly performed. Will you be pleased to make the contents of this letter known to the Treasurer and Masters of the Bench." Ordered that the consideration of Mr. Coleman's letter be adjourned to the first business day after the term. BENCH TABLE Jun. 11

Present Sir Charles Wetherell, Mr. Law, Mr. Preston, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Armstrong, Mr. Wyatt, and Mr. Dowdeswell. Mr. Burge giving notice of motion for the first business day after term, "that he will bring under the consideration of the Bench the salary and duties of the Clerk of the Temple Church". Ordered that Herbert Broom, Esq., a barrister of this Society, be permitted to have access to the Library during the period it is usually closed in the long vacation. BENCH TABLE

Jun. 14

Present The Treasurer, Mr. Holt, Mr. Spence, Mr. Starkie, Mr. Armstrong and Mr. Wyatt. Mr. George Chamberlaine Ridge, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Ordered that six copies of Mr. Richardson's Appendix to "The Monumental Effigies of the Temple Church" be ordered for the Society of Mr. Richardson.

509


1844 TRINITY TERM (Cont'd.) Ordered that two pipes of surplus port wine and the remainder of the Montelardo sherry be disposed of. Ordered that the duties and emoluments of the Vergers and Sexton of the Temple Church be referred to Mr. Spence, Mr. Starkie, Mr. Armstrong and Mr. Wyatt and that they be requested to report to the Bench thereon. Business adjourned to Wednesday, 3rdJuly next. BENCH TABLE Jul. 3

Present Mr. Wyatt, Mr. Burge, Mr. Spence, Mr. Platt, and Mr. Chilton. The thanks of the Society to be conveyed by the Sub-Treasurer to Professor Greenleaf, of Harvard University, America, for his present to the Library of a copy of "the Catalogue of the Law Library-. After consideration of the salary and duties of the Clerk of the Temple Church: ordered that Mr. Coleman be informed that this Bench, on the part of the Inner Temple, cannot sanction his performing the execution of his duty as Clerk of the Temple Church by deputy. Ordered an adjournment to the next term for the consideration of the further Report of the Committee appointed by the BTO 24th May, to consider and propose a plan for the remodelling [oll the kitchen establishment, and to whom it was also referred on 7th June last, to recommend a mode by which the officers and servants of the House should have a fixed and settled salary instead of their present payments of uncertain and fluctuating fees and collections (dated this day). Ordered that Messrs. Oliver & Raven be permitted to rent Messrs. Burfoot's chambers, No. 2 King's Bench Walk, as tenants under the Society, at the increased rental of E100 per annum, they having succeeded to Messrs. Burfoot's business. Business adjourned to Thursday, 18thinstant. BENCH TABLE

Jul. 18

Present Sir George Rose, Mr. Burge, Mr. Spence, Mr. Starkie and Mr. Wyatt. Letter from Mr. Joseph Coleman, the Clerk of the Temple Church, addressed from 3 Sidmouth Street, and dated 8th July 1844, read:

510


1844 TRINITY TERM (Cont'd.) "I very much regret that it has again been found necessary to write to me respecting my non-attendance at the Church and the performance of the duties of the Clerk by deputy. I was much in hopes that my former letter would have satisfactorily explained my late position as regarded the health of one of my children and the utter impossibility I have found of late to sit in Church throughout the whole service. Both these difficulties are (thank God) removed, and the only impediment remaining is the Circuit which I am bound to go with the Lord Chief Baron. I trust I shall be allowed to do so without giving offence. I will take care that no inconvenience shall arise from my absence and upon my return I will attend personally. I cannot help feeling that my attendance at Church (except, when the sacrament is administered) has become "as Clerk" almost unnecessary, and I am afraid this is also felt by the Bench. I humbly intimate that if they should wish to abandon the Office, I am quite willing to throw myself upon their kind consideration and shall most willingly abide by any decision they may come to, hoping that I shall be deemed worthy of some recompense for yielding up a situation which I gratefully received and which I trust I have not disgraced. I will only add, that if the Office is vacated by me, the next appointment (if any be made) will be in the Middle Temple, and I have no reason to think that I have done any thing to forfeit the good opinion of that Honourable Bench and that they would not feel it necessary to call upon me to resign, because from matters over which I have no control, the situation of Clerk has become almost unnecessary and they would I hope not object to any arrangement that might be proposed." Ordered that the consideration of Mr. Coleman's letter be adjourned to the next term, and that the Sub-Treasurer be directed not to pay Mr. Coleman's salary, as Clerk of the Temple Church, until further Order of the Bench, and that this Order be communicated to Mr.Coleman.

[signed]: " Examined John Wyatt Nov. 5, 1844 "

511


1844 MICHAELMAS TERM BENCH TABLE Nov. 5

Present The Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Sir George Rose, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Rogers, Mr. Chilton, Mr. Armstrong, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Roebuck, Mr. Wyatt and Dr. Lushington. Orders of the last term were read. Messrs. Dunbar John Cother, John Alldin Moore, Thomas Kingdon Kingdon, and Thomas Henry Baylis, students, to have permission to practise as Special Pleaders extended for one year. Messrs. George Griffith, John Dunnington Fletcher, George Hibbert Deffell and Clement Drake Esdaile4, having kept terms, to have permission to practise as Special Pleaders for one year. Mr. Graham Smith and Mr. Henry Denne Hilton, students, having paid all dues, to have their name withdrawn and deposit returned, and their bond delivered up. Mr. Edward Sykes, a student of Lincoln's Inn, to be admitted a member of this Society on his certificate from Lincoln's Inn. Grand Day this term to be Thursday, 14thNovember instant. Ordered that the sum of seventy guineas be paid to the Revd. Theyre Smith in respect of one year's payment as Preacher at the Temple Church to the l instant. The Sub-Treasurer reporting that Francis Ludlow Holt, Esq., one of the Masters of the Bench died on 29th September last, and that by his death a set of Bench chambers, situate one pair of stairs north at No. 11 Paper Buildings, had become vacant. Ordered that they be disposed of at the Parliament to be held on Friday, 22"d instant and that the Masters of the Bench have notice thereof. Robert Charles Hildyard, Esq., a barrister of this Society, havintz produced Her Majesty's Letters Patent, constituting him one of Her Majesty's Counsel: ordered that there be a call to the Bench this Term, and that the uentlemen to be invited be balloted for on Friday next, and the Masters of the Bench have notice thereof. Sir Charles Wetherell giving notice of motion for Friday next, "that he will brint4 under the consideration of the Bench the subject of daily morning service at the Temple Church-.

I

Called 3()Jamiary

1846 under the name William Clement

512

Drake ksdaile.


1844 MICHAELMAS TERM (Cont'd.) Ordered that the duty and emoluments of the Clerk of the Church be taken into consideration on Friday next. Petition received from Sir John Bayley, a barrister of Lincoln's Inn, addressed from 2 Essex Court, Temple, and dated Ist November 1844, respecting John Horatio Lloyd, Esq., a banister of this Society, read at the Bench Table this day.5 The petitioner was called to the Bar by Lincoln's Inn on 6th May 1835 and, shortly before he was called, he was informed by several banisters, and believed their information to be true, that John Horatio Lloyd had been guilty of such beastly and unnatural practises as to have been deprived by your Society of the privilege of using the Hall, Gardens and Library of your Society and the enjoyment of other social advantages usually granted by your Society to the banisters and students belong to it. Subsequently, your petitioner was present in the Court of Queen's Bench at Guildhall, London, on two different occasions when two of Her Majesty's Counsel with their respective juniors (all of them being senior in standing at the Bar to your petitioner) refused to appear as Counsel in two cases, then called on for trial because the said John Horatio Lloyd appeared as Counsel on the other side, and in consequence thereof, neither of such cases was tried. The petitioner made inquiries as to whether he would be justified or not in refusing to meet the said John Horatio Lloyd in business as a barrister. He ascertained that the Court of Exchequer had shortly before decided that one of the banisters of the Middle Temple, and now one of Her Majesty's Counsel, was in consequence of such misconduct of the said John Horatio Lloyd, justified in refusing to meet the said John Horatio Lloyd in a reference, at which the said John Horatio Lloyd appeared as Counsel on the other side. He further ascertained that in consequence of the same misconduct two of Her Majesty's Judges of the Common Law Courts at Westminster had refused to allow the said John Horatio Lloyd to practise before them as a banister at their chambers. The petitioner concluded that as long as the said John Horatio Lloyd was for the causes aforesaid debarred by your Society from the exercise and enjoyment of those privileges which are usually conceded to other banisters who conduct themselves with propriety and decency, he ought not and would not meet the said John Horatio Lloyd in business as a banister.

This entry is a summary of the. petition. For a full account of the John Horatio Lloyd case, see BTO Book BEN/1/ 17, fols.139 - 146v. and DIS/1/L1-2 (1849).

513


1844 MICHAELMAS TERM (Cont'd.) Since that period, four different cases have occurred in which it had been the misfortune of your petitioner to be employed as Counsel on one side, when the said John Horatio Lloyd has been employed as Counsel on the other. The first case in July 1842, between Mountain v. Pisil & others, after application to a Judge in chambers, resulted in the said John Horatio Lloyd not attending, but caused the petitioner a great additional expense. In February 1843, in a case in the Queen's Bench before Judge Patterson, of Beck & others v. Dickin & others, the petitioner had to withdraw from the hearing as the opinion of this Judge, "after consultation with the Judges of his Court, that they were of opinion that as the said John Horatio Lloyd was a barrister, and had not been disbarred, he the said Judge would not be justified in refusing to hear him upon the said summons and that he should deliver his Judgement to that effect at the time appointed-. The petitioner immediately asked the advice of a great many of Her Majesty's Counsel and other barristers of long standing reputation and character at the Bar, as to the course which the petitioner ought to pursue, and was advised by them, one and all, that it was his duty not to meet the said John Horatio Lloyd as a barrister. The next case took place in the Court of Exchequer in the months of May or June 1843, the name of the client which the petitioner was representing he has now forgotten. After the petitioner notified the attorney employing him as Counsel in the case, in which the other side was represented by the said John Horatio Lloyd, that the petitioner would not appear against him, the said summons were adjourned so that affidavits could be prepared and obtained showing the manner in which the said John Horatio Lloyd had been dealt with by the Judges and the Courts in his endeavours to practise his profession publicly as a barrister, and also the Resolutions which your Society had come to respecting his conduct, for the purpose of supporting an application to the said Court to prevent the attendance of the said John Horatio Lloyd as a barrister upon the said summons, and such application was about to be made when your petitioner was informed by the attorney employing him in the said case, that he had received a message from the said John Horatio Lloyd, communicated through the attorney employing the said John Horatio Lloyd. which would render such application unnecessary "that if your petitioner was the barrister who refused to meet the said John Horatio Lloyd as a barrister, he, the said John Horatio Lloyd, considered your petitioner such a blackguard that he, the said John Horatio Lloyd would not meet your petitioners'. The application was not made and the summons disposed of without the attendance of the said John Horatio Lloyd. Since then, another case has occurred. Fraser & others v. Gordon, in the Court of the Queen's Bench in which the petitioner has been for upwards of two years last past employed as Counsel for 514


1844 MICHAELMAS TERM (Cont'd.) the plaintiffs. In a hearing of summons before Mr. Justice Maule, the sitting Judge at his chambers on 1stAugust last, for the purpose of opposing the said summons by the petitioner, he was informed by his instructing attorney, while waiting in the Judge's Room, that the defendant was to be represented by the said John Horatio Lloyd. The petitioner advised that unless the said John Horatio Lloyd would withdraw, and allow the said summons to be attended by some other Counsel on behalf of the defendant, the petitioner would be obliged to return his brief and would apply to your Honourable Society to disbar him. The said John Horatio Lloyd refused to withdraw, and the summons was adjourned and the petitioner returned his brief. In the further progress of the said case, if it proceeds to trial, the petitioner would have to further inconvenience his clients and cause them serious expense if they are deprived of the services of the petitioner as their Counsel. As the petitioner has been informed that particulars of the misconduct of the said John Horatio Lloyd are already known to your Bench, and as he has been debarred by your Society from certain privileges, the petitioner humbly submits [these] show him to be a person unfit to associate with gentlemen, or to be met professionally as a barrister. The petitioner asserts that "in presenting this petition to your Honourable Bench, he is actuated by no feeling of ill will towards the said John Horatio Lloyd, or fear or envy of his professional talents. On the contrary, his sole motive is the protection of his own character, and the free and unlimited enjoyment of those rights and privileges to which as a barrister he is entitled, and the preservation of the character and credit of the Bar." He requests the Bench consider the matter at their earliest convenience. Ordered that the consideration of the petition be adjourned to Tuesday next, 12thinstant, and that the Masters of the Bench have notice thereof. BENCH TABLE Nov. 8

Present The Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Roebuck, Mr. Wyatt, Dr. Lushington, Sir John Beckett and Mr. Hallam. Ordered that a Parliament be held on Tuesday next, 12thinstant, for the election of a Treasurer of this Society in the room of William Erle, Esq., appointed one of Her Majesty's Judges of the Court of Common Pleas. 515


1844 MICFIAELMAS TERM (Cont'd.) Ordered that the Bench chambers vacant by the appointment of William Erle, Esq., situate three pair of stairs at No. 3 Paper Buildings, be disposed of at the Parliament to be held on Friday, 22' instant. Persuant to BTO 5th instant, that there be a call to the Bench this term. and Robert Charles Hildyard, Esq., having produced Her Majesty's Letters Patent, constituting him one of Her Majesty's Counsel, and being proposed and seconded and afterwards chosen by ballot: ordered that he be called to the Bench at the Parliament to be held on Tuesday next, and that the Sub-Treasurer do attend and give him notice thereof Mr. William Clifford, Senr., tenant of the stationer's shop at No. 5 Inner Temple Lane, having applied for permission to introduce gas lights into the said shop: ordered that permission be granted to him provided upon enquiry at the Westminster Fire Insurance Office, it shall be ascertained that the introduction of gas on any of the premises of the House will not increase the risk on the fire insurance in that office.6 Resolved: that the Masters of the Bench of this Society deem it their duty to renew their previous Resolutions of 23rd January and 3rd May 1844 "that it is desirable that there should be daily Morning Service in the Temple Church". This Resolution to be communicated to the Masters of the Bench of the Middle Temple, and a conference with them to be requested on the subject of the expediency of a daily service. The following gentlemen to be a Committee of conference on the part of this Society, viz.: the Solicitor General, Dr. Lushington, Sir Charles Wetherell, Sir George Rose, Sir John Becket, Mr. Burge, Mr. Platt, Mr. Chilton, Mr. Whateley and Mr. Wortley. The duty and emoluments of the Clerk of the Temple Church considered, and it was resolved that Dr. Lushington, Mr. Burge and Mr. Starkie be a Committee to confer with the Middle Temple on the subject of the correspondence with the Clerk of the Temple Church. Ordered that George Chilton, Esq., one of the Masters of the Bench, be allowed the last Trinity term as kept, he having been prevented attendance at the Table more than three days through indisposition. BENCH TABLE Nov. 12

o

Present The Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Twiss, Mr. Burge, Mr. Spence, Mr. Starkie,

Written in margin, "the same permission granted to the Honourable James Stuart Wortley, one of the

Masters of the Bench, to have a gas light over the inner door of his chambers, Twisden Buildings-.

516


1844

MICHAELMAS

TERM (Cont'd.)

Mr. Rogers, Mr. Chilton, Mr. Richards, Mr. Dundas, Mr. Armstrong, Mr. Whateley, Mr. Wortley, Mr. Roebuck, Mr. Wyatt, Mr. Dowdeswell, Dr. Lushington and Sir John Beckett. The following letter from Richard Preston, Esq., one of the Masters of the Bench, addressed from Lee, Chulmleigh, and dated 1 1thNovember 1844, to Mr. Wyatt, read and ordered to be entered on the Minutes: -

Dear Wyatt,

On the most mature consideration, my mind is satisfied that as I could not accept the Treasurership so as to perform its duties, even with your aid, to the satisfaction of the Benchers, consistently with the demand on my time, required for the management of my own property, I ought to leave the choice to the next in succession. With grateful acknowledgements for your repeated kindness to me, I am, your obliged servant, Richd. Preston" Proceedings adjourned till after the Parliament. PARLIAMENT Nov. 12

Present The Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Twiss, Mr. Burge, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Richards, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Wortley, Mr. Roebuck, Mr. Dowdeswell, Dr. Lushington, Sir John Beckett and Mr. Wyatt. Ordered that Robert Charles Hildyard, Esq., be and he is hereby called to the Bench. Whereas the Office of Treasurer of this Society being vacant by the appointment of William Erie, Esq., to be one of the Judges of Her Majesty's Court of Common Pleas, and whereas Richard Preston, Esq., One of the Masters of the Bench, who stands next in course to be elected Treasurer, being duly qualified according to the Rules of this Society for the said Office, having this day declined to serve the same, and whereas Sir William Webb Follett, knight, Her Majesty's Attorney General, one other of the Masters of the Bench, next in course to Mr. Preston, being at the present time out of the Kingdom, and not having qualified to be elected Treasurer by reason of his not having kept the two last terms as prescribed by the Order of the House of 24th November 1797,7 and William Burge, Esq., one other of the

7

C rrected

in the Acts

of Parliament

from

l Ll'h to 20.

517


1M4 MICHAELMAS TERM (Cont'd.) Masters of the Bench, who stands next in course to the said Sir William Webb Follett, being duly qualified to be elected to the said Office: it is at this Parliament ordered and enacted that the said William Burge be and he is hereby appointed Reader for the next Lent vacation. It is at this Parliament ordered and enacted that a Treasurer be chosen at the Parliament to be held on Friday next in the room of William Erle, Esq., appointed one of the Judges of Her Majesty's Court of Common Pleas. At this Parliament, it is ordered that William Burge, Esq., be and he is hereby associated with Richard Preston, Esq., as Master of the Library. Extract from the proceedings of Parliament,8 viz.: "The Office of Treasurer of this Society being vacant by the appointment of William Erle, Esq., to be one of the Judges of Her Majesty's Court of Common Pleas, and whereas Richard Preston. Esq., one of the Masters of the Bench, who stands next in course to be elected Treasurer, being duly qualified according to the Rules of this Society for the said Office, having this day declined to serve thc same, and whereas Sir William Webb Follett, Her Majesty's Attorney General, one other of the Members of the Bench, next in course to Mr. Preston, being at the present time out of the Kingdom, and not having qualified to be elected Treasurer by reason of his not having kept the two last terms as prescribed by the Order of the House of 1e November 1797,9 and William Burge, Esq.. one other of the Masters of the Bench, who stands next in course to the said Sir William Webb Follett, being duly qualified to be elected to the said Office: it is at this Parliament ordered and enacted that the said William Burge be and he is hereby appointed Reader for the next Lent vacation. Ordered and enacted that a Treasurer be chosen at the Parliament to be held on Friday next in the room of William Erle, Esq., appointed one of the Judges of Her Majesty's Court of Common Pleas.Nov. 12

BENCH TABLE Resumed after Parliament Mr. Charles Flint Bright Sweetland and Mr. Franklin Liefehild, students, having paid all dues, to have their name withdrawn and deposit returned, and their bond delivered up.

s

Unusually. this extract from the Parliament is written into the Bench Table Order Book before the commencement of the Bench Table. 9 Corrected in the Acts of Parliament from I4th to 241 .

518


1844 MICHAELMAS

TERM (Cont'd.)

Messrs. Henry James Holthouse and John Dakin Gaskell, students, to have permission to practise as Special Pleaders extended for one year. The thanks of the Society to be conveyed by the Treasurer in his place at the Bench Table to Horace Twiss, Esq., for his present to the Library of a copy of his work, entitled, "The Public and Private Life of Lord Chancellor Eldon, with Selections from his Correspondence". Thomas Mills, late Second Turnspit, having requested a reconsideration of his petition, presented to the Bench on 10t1May last: resolved that this Bench see no reason to alter the decision adopted under the recommendation of the Committee of 24th May, to whom his petition had been referred. The thanks of the Society to be conveyed by the Sub-Treasurer to Henry Macnarnara, Esq., for his present to the Library of a copy of his work, entitled, "A Practical Treatise on the Several Counts and Pleas allowed to be pleaded together in Civil Proceedings, under the Statute 4 Ann c.16, and the New Rules of Hilary Term, 4 Will. IV and other Rules and Statutes". The petition of Sir John Bayley considered, respecting John Horatio Lloyd, Esq., a barrister of this Society, which was read at the Bench Table on 5'h instant. Resolved that the thanks of the Bench be conveyed to Sir John Bayley for his honourable conduct, and his communication, but under the circumstances the Bench are not prepared to make any Order thereon. Mr. Roebuck dissentient. Resolution received from Edward Eldred, the Sub-Treasurer of the Middle Temple, upon the subject of daily Morning Service at the Temple Church, together with a letter from the Sub-Treasurer of that Society upon the same subject read: "Middle Temple, November 1844 At Parliament held 8111 Resolved that the Masters of the Bench of this Society deem it their duty to renew their previous Resolution "that in the opinion of this Society, it is not expedient to make any alteration in the times of holding divine service in the Temple Church". That this Resolution be communicated to the Masters of the Bench of the Inner Temple, and that the following gentlemen attend a conference with the Masters of the Bench of the Inner Temple upon the subject of their communication, viz.: The Treasurer, the late Treasurer, the Treasurer next in succession."

519


1844

MICHAELMAS TERM (Cont'd.) Letter from Edward Eldred, Sub-Treasurer of Middle Temple, dated November 1844, and addressed to Mr. Martin, Sub-Treasurer of the 9111 Inner Temple, read: "I am directed to transmit to you a copy of the Resolution made at the Parliament holden yesterday evening, and I am directed by the Masters of the 13ench, appointed on the part of this Society, to request to be informed if this day sennight (Saturday 16thinstant) at 4 o'clock in the afternoon, will be convenient to the Masters of the Bench of your Honourable Society for the purpose of holding the conference.PARLIAMENT Nov. 15

Present Sir Charles Wetherell, Mr. Twiss, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Whateley, Mr. Wortley, Mr. Roebuck, Mr. Hildyard, Mr. Wyatt and Sir John Beckett. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last Easter and Trinity vacations. Whereas the Office of Treasurer of this Society being vacant by the appointment of William Erle, Esq., to be one of the Judges of Her Majesty's Court of Common Pleas, and whereas Richard Preston, Esq., one of the Masters of the Bench, who stands next in course to be elected Treasurer, being duly qualified according to the Rules of this Society for the said Office, having this day declined to serve the same, and whereas Sir William Webb Follett, knight, Her Majesty's Attorney General, one other of the Masters of the Bench, next in course to Mr. Preston, being at the present time out of the Kingdom, and not having qualified to be elected Treasurer by reason of his not having kept the two last terms as prescribed by the Order of the House of 24th November 1797 (which omission was also occasioned by ill health), and William Burge, Esq., one other of the Masters of the Bench, who stands next in course to the said Sir William Webb Follett, being duly qualified to be elected to the said Office: it is at this Parliament ordered and enacted that the said William Burge, Esq., one other of the Masters of the Bench who stands next in course to the said Sir William Webb Follett, being duly qualified to be elected to the said Office: it is at this Parliament ordered and enacted that the said William Burge, Esq., be and he is hereby elected Treasurer of this Society, in the room of William Erle, Esq., for the remainder of the present year, and for the year ensuing, pursuant to the BTO 21 June 1691, reserving to the said Sir William Follett, Her Majesty's Attorney General, his standing and course of election next after the said William

520


1844 MICHAELMAS

TERM (Cont'd.)

Burge, Esq., to the Treasurership of this Society provided he the said Sir William Webb Follett shall be duly qualified to serve the said Office according to the Rules of the House. BENCH TABLE Nov. 15

Present Sir Charles Wetherell, Mr. Twiss, Mr. Burge, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Whateley, Mr. Wortley, Mr. Roebuck, Mr. Hildyard, Mr. Wyatt and Sir John Beckett. Extract from proceedings of Parliament [entered as above, regarding William Burge, [sq., becoming Treasurer].

WILLIAM BURGE, ESQUIRE TREASURER

Letter received from Sir John Bayley of 3 Essex Court, Temple, and dated I 311November 1844, read, and ordered to be entered on the Minutes: "Sir John Bayley presents his compliments to the Sub-Treasurer of the Inner Temple and begs to acknowledge his receipt of the Sub-Treasurer's letter of this date, enclosing a copy of the Resolution of the Masters of the Bench, passed at the Bench Table last evening, and requests that the Sub-Treasurer will have the kindness to convey to the Masters of the Bench Sir John Bayley's thanks for their courteous communication.Mr. John Thompson, a student, to have permission to practise as a Special Pleader for one year. Application from Mr. Baron Alderson of Serjeant's Inn, dated Nov.15/44, read, as follows: "Mr. Baron Alderson begs to represent to the Benchers of the Inner Temple that his chambers situated on the second floor in No. 2 Paper Buildings very much require to be painted, and that he trusts they will think it reasonable that the Society should contribute to the expense necessary for that purpose in the same proportions as were

521


1844

MICHAELMAS TERM (Cont'd.) originally arranged at the time of building —this being as he is informed a work originally executed imperfectly from the natural desire of all parties to resume possession as quickly as possible, and the hurried manner in which that desire was then carried into effect." Ordered that one third of the expense be paid by the Society. BENCH TABLE Nov. 19

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Spence, Mr. Starkie, Mr. Armstrong, Mr. Whateley, Mr. Wortley, Mr. Roebuck, Mr. Hildyard, Mr. Wyatt and Mr. Hardy. Mr. James Stansfield, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Messrs. Clayton and Squares, tenants of the House chambers No. 3 Hare Court, having applied for a reduction of rent, and George Atkinson, Esq., tenant of chambers No.1 Inner Temple Lane, having applied to rent the attics in that staircase, formerly the Clerk of the Works' Office: ordered that the respective subjects be referred to the Chamber Committee. Ordered that Mr. Armstrong, Mr. Wortley, Mr. Roebuck and Mr. Hildyard be added to the Chamber Committee. PARLIAMENT

Nov. 22

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Richards, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Roebuck, Mr. Wyatt, Mr. Dowdeswell, Mr. Hardy, Dr. Lushington and Mr. Hallam. Messrs. Henry King, Alexander Bain, William Holt, Charles Lempriere, William Hamilton Yatman, James Newton Goren, Richard William Fitzpatrick and Oliver William Farrer, called to the Bar. Ordered that the following gentlemen be a Committee for the consideration and regulation of all matters relating jointly to this Society and the Middle Temple: The Treasurer for the time being, Sir Charles Wetherell, John Wyatt, Esq., Sir George Rose, the Rt. Hon. Lord Langdale, the Hon. Charles Ewan Law, William Burge, Esq., George Spence, Esq., John Edmund Dowdeswell, Esq., the Rt. Hon. Stephen Lushington and Thomas Joshua Platt, Esq.

522


1844

MICHAELMAS Disadmittance of 40s:-

TERM (Cont'd.)

from, and admissions to, Bench chambers with fines

The Treasurer from Bench chamber one pair of stairs No. 8 Fig Tree Court to Bench chamber late of Francis Ludlow Holt, Esq., one pair of stairs north No.11 Paper Buildings. Thomas Starkie, Esq., from Bench chamber two pair of stairs north No. 4 King's Bench Walk to Bench chamber late of William Burge, Esq., one pair of stairs No. 8 Fig Tree Court. John Hardy, Esq., from Bench chamber ground floor south No.10 Farrar's Buildings to Bench chamber late of Thomas Starkie, Esq., two pair of stairs north No. 4 King's Bench Walk. The Rt. Hon. Stephen Lushington, from Bench chamber area north No.10 King's Bench Walk to Bench chamber late of John Hardy, Esq., ground floor south No.10 Farrar's Buildings. Henry Hallam, Esq., to Bench chamber late of The Rt. Hon. Stephen Lushington, area north No.10 King's Bench Walk. Thomas Joshua Platt, Esq., from Bench chamber one pair of stairs east No. 7 Fig Tree Court to Bench chamber late of William Erle, Esq., three pair of stairs south No. 3 Paper Buildings. Francis James Newman Rogers, Esq., from Bench chamber one pair of stairs No. 2 Hare Court to Bench chamber late of Thomas Joshua Platt, Esq., one pair of stairs east No. 7 Fig Tree Court. George Chilton, Esq., from Bench chamber three pair of stairs south No. 7 King's Bench Walk to Bench chamber late of Francis James Newman Rogers, Esq., one pair of stairs No. 2 Hare Court. Robert Baines Armstrong, Esq., from Bench chamber area north No.11 King's Bench Walk to Bench chamber late of George Chilton, Esq., three pair of stairs south No. 7 King's Bench Walk. William Whately, Esq., to Bench chamber late of Robert Baines Armstrong, Esq., area north No. 11 King's Bench Walk. George Spence, Esq., to be Master of the Library. The Attorney General to be Reader of this Society for the next Lent vacation in the room of William Burge, Esq., elected Treasurer for the year ensuing.

523


1844 MICHAELMAS TERM (Cont'd.) BENCH TABLE Nov. 22

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Richards, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Roebuck, Mr. Wyatt, Mr. Dowdeswell, Mr. Hardy, Dr. Lushington and Mr. Hallam. Mr. William Cole Beasley and Mr. John Norman, students, to have permission to practise as Special Pleaders extended for one year. Ordered for the future, that whenever any of the under-mentioned days shall fall in term time, or the continuance thereof, an extra bottle of port or sherry be given to each mess of barristers and students dining in the Flail, except the same shall fall on Grand Day, in which case each mess of barristers and students, shall have one bottle of claret instead of port or sherry, and that no additional wine be granted upon any day not specified in this Order, without a special Order of the Bench: the anniversaries of the Sovereign's Birthday Prince of Wales's Birthday King Charles II's Restoration •• Battle of Waterloo and whenever any Master of the Bench having been created a Judge shall accept an invitation of the Bench, and dine in the Hall of this Society. 46

,6

"

The Further Report of the Committee appointed to consider and propose a plan for the remodelling of the kitchen establishment, dated 3rd ju .y 1844, and signed by W. Whateley, J.A. Roebuck and John Wyatt, read, as follows: "The Committee appointed by the BTO 24' May, to consider and propose a plan for the remodelling of the kitchen establishment, and to whom it was also referred on 7th June last to recommend a mode by which the officers and servants of the House should have a fixed and settled salary, instead of their present payments of uncertain and fluctuating fees and collections, have to report to the Bench. That they have considered in the first instance whether any and what remuneration should be given to the two Kitchen Women whose services are to be dispensed with, consequent on the reduction of the kitchen establishment, as ordered by the Bench upon the Report of the Committee of 4th June, and they recommend that each of those women should have an allowance of £20 per annum from the Society during pleasure.

524


1844

MICHAELMAS

TERM (Cont'd.)

The Committee have also considered and recommend that Robert Wyatt and Sarah Bone, who are at present employed in the kitchen by the Turnspits to perform the scullery work therein, should be appointed Servants under the Society, as recommended in the Report of 4th June, at the wages therein stated and to perform the duties set forth in that Report. With respect to the Pannierman's salary and allowances, the Committee having expressed their opinion in the Report of 7th June of the exorbitant amount paid to him for the services he has to perform, beg to observe that they have again fully considered the subject of his emoluments and perquisites, and are of opinion that at all events no compensation should be allowed to him in lieu of the remains of commons left at the Bar table, which in future is to be taken by the Chief Cook, as ordered by the Bench upon the Report of the Committee of 7th June. The Committee would also beg to suggest whether it is proper that the Pannierman, whose duty it is to decant the wine and place it upon the tables in the Hall, under such circumstances should be allowed to take as a perquisite the remains of the wine left in the Hall after dinner, the circumstances of which the Committee are informed causes a belief both at the Bar and students' tables that such remains of wine are again sent into the Hall on the following day. In considering the salaries and allowances of the officers and servants, the Committee find that the Chief Cook is allowed ÂŁ.14 a year for finding pewter and brass for the kitchen, the Committee are of opinion that this allowance should be discontinued, and that the pewter and brass should be provided by the Society upon the Order of the Treasurer when required. The Committee pursuant to the BTO 4th June, have considered the salaries and allowances of the officers and servants employed in the Hall and kitchen, with a view to the adoption of a plan by which each officer and servant should be paid a fixed salary, and they beg to annex to this Report a list of such officers and servants with an account of their present allowances, collections and fees. The Committee recommend that the collection for roll money, fees on admissions and fees on calls to the Bar, which fees are paid by the members, should for the future be accounted for to the Society by the Sub-Treasurer into whose hands the same are paid, and that the officers and servants instead of the various items of payments as shown in the list annexed, should be paid the salaries therein proposed by the Committee, and marked against each individual's name in red ink.


1844 MICHAELMAS TERM (Cont'd.) Schedule of Salaries and Allowances of the Officers and Servants referred to in the Report. Names

Description of Office

Jose h Baines

Chief Butler

Jose h Armitage

Second Butler

Present Allowance

Proposed Allowance

0 0 Salary£30 7 8 Roll Mone20 10 5 Board Wages14 Allowance in lieu 0 0 of wine25 4 5 Dinner Mone12 1 7 Supper Mone2 Admittances into 15 0 Commons17 0 5 Calls to the Bar7 6 10 £130 £129 In conjunction with the Second Butler and the two Washpots he has the remains of the Commons from the Bench Table. On each Grand Day a pint of port wine. 0 £1 10 Salary 7 8 20 Roll Mone 10 5 14 Board Wages Allowance in lieu 0 0 25 of wine 4 5 12 Dinner Mone 1 7 2 Suer Mone Admittances into 12 0 3 the House Admittances into 17 9 Commons 5 0 7 Calls to the Bar 11 7 £88 £87 To provide gowns (in conjunction with the 3rdButler and Chief Porter) for the banisters and students for the use of which 2/6 per term is charged to each gentleman in Commons. On each Grand Day a pint of port wine, and also with the Chief Butler and two Washpots, the exceedings from the Bench Table.

526


1844 MICHAELMAS TERM (Cont'd.) Names

Willm. Hurlstone

John Davis

Description of Office Third Butler

FourthButler

Present Allowance

Proposed Allowance

Salary

£1

3

8

Roll Mone Board Wa es Allowance in lieu of wine Dinner Mone Suer Mone Admittances into the House Admittances into Commons Calls to the Bar Extra on Calls

20 14

8 5

7 10

2 12 2

0 5 7

0 4 1

3

12

0

17 9 5 0 7 18 3 6 £82 8 9 £84 To provide gowns (in conjunction with the 2"dButler and Chief Porter)for the barristersand students for the use of which 2/6 per term is charged to each gentleman in Commons. On each GrandDay a pint of port wine, and also with the 1stand 2nd Butlers and the two Washpots, the exceedings from the Bench Table on GrandDa s. 8 £1 3 Sala 4 18 2 Roll Mone 14 5 10 Board Wa es Allowance in lieu 0 0 2 of wine 4 12 5 Dinner Mone 1 2 7 Suer Mone Admittances into 12 0 the House 3 Admittances into 17 9 Commons 5 0 £62 7 Calls to the Bar 0 0 25 ChristmasFees 19 0 £86 On each GrandDay a pint of port wine.

527


1844 MICHAELMAS TERM (Cont'd.) Names

William Smith

James L. Hendy

Description of Office Fifth Butler

Sixth Butler

John Williams

Pannierman

Thomas Birch

De u Pannierman

Present Allowance

Sala£138 Roll Money1824 Board Wa es14510 Allowance in lieu of wine100 Dinner Mone1254 Su per Mone271 Admittances into the House3120 Admittances into Commons179 Calls to the Bar750 Christmas Fees2500 £85190 On Grand Da a pint of port wine. Sala£5000 Dinner Mone1254 Su per Mone271 £64125

Proposed Allowance

£61

£65

Sala£10500 Board Wages14510 Dinner Mone1254 Suer Mone271 Admittances into Commons3110 £140 Calls to the Bar3126 Allowance in lieu of chambers3500 Remains of Commons £150 from the Bar table inencil calculated at62140 £238159 The privilege of supplying tea and coffee for the Bench at 1/- each. The remains of wine from the Hall. The privilege of supplying the Hall with tea and coffee. On each Grand Day a pint of port wine. 12 0 £54 12 £54 Sala For cleaning 0 0 6 Bar knives 12 0 £60 528


1844 MICHAELMAS TERM (Cont'd.) Names

Frances Hodson

Waiters Charles EllisHead

Samuel Griffin Thos. Clarid e (appointed Dec.1845 [added]

James Webster

James Webster

William Moscatt

James Lampard

Description of Office Pannier — Woman

Waiter

Second Waiter

Third Waiter

Fourth Waiter

Fifth Waiter

Sixth Waiter

Present Allowance

Salary 3/6 per day average £15 15 0 She is also allowed 3/6 a day for each Bench Dinner out of Term.

Proposed Allowance

stet

Sala Dinner Money Supper Money

£30 0 0 12 5 4 2 7 1 £44 12 5 £45 On each Grand Day a pint of port wine. Salary£1600 Dinner Mone1254 Supper Money271 Admittances into Commons3110 Calls to the Bar3126 £371511 On each Grand Day a pint of port wine. Sala1400 Dinner Money1254 Supper Money271 £28125 On each Grand Day a pint of port wine. Salary£1000 Dinner Mone1254 Supper Money271 £24125

£45 £38

£28 12

£24 12

Salary£800 Dinner Mone1254 Supper Money271 £22125

£22 12

£22125

£22 12

Salary£800 Dinner Mone1254 Supper Money271

529


1844 MICHAELMAS TERM (Cont'd.) Names

Description of Office

Proposed Allowance

Present Allowance

Richard Saker

Seventh Waiter

Sala Dinner Mone Suer Mone

£8 12 2 £22

0 5 7 12

0 4 1 5 £22 12

Jose h Webb

Ei hth Waiter

Sala Dinner Mone Suer Mone

£8 12 2 £22

0 5 7 12

0 4 1 5 £22 12

Robert Mason

Ninth Waiter

Sala Dinner Mone Suer Mone

£8 12 2 £22

0 5 7 12

0 4 1 5 £22 12

Edward Cutler

Tenth Waiter

Sala Dinner Mone Sup er Mone

£8 12 2 £22

0 5 7 12

0 4 1 5 £22 12

Charles Gimber

Eleventh Waiter

Sala Dinner Mone Sup er Mone

£8 12 2 £22

0 5 7 12

0 4 1 5 £22 12

William Crick

Twelfth Waiter Sala Dinner Mone Sup er Mone

£8 12 2 £22

0 5 7 12

0 4 1 5 £22 12

Frederick Keene

Thirteenth Waiter

Sala Dinner Mone Supper Mone

£8 12 2 £22

0 5 7 12

0 4 1 5 £22 12

J. Sim son

Fourteenth Waiter

Sala Dinner Money Sup er Mone

£8 12 2 £22

0 5 7 12

0 4 1 5 £22 12

H.C. Pullman

Fifteenth Waiter

Sala Dinner Mone

£8 12

0 5

530

0 4


1844 MICHAELMAS TERM (Coned.) Names

Description of Office

H.C. Pullman cont.

James J. In am

John Cooper

Present Allowance

Supper Money

Head Wash ot

Under Wash ot

Wa es Dinner Mone Su er Mone Admittances into Commons Calls to the Bar Allowance for cleaning the lam s

Proposed Allowance

2

7

£22

12

5

£5 12 1

12 5 15

0 4 0

1 2

15 3

6 6 £24

1 £22 12

15 15 0 £39 6 4 He is also one of the Gatemen for which he is paid £31 13s. 4d. per annum. On every alternate day the remains of Commons from the Bench Table, in conjunction with the Chief Butler. On each Grand Day, a pint of port wine, and also in conjunction with the 1st,2—,nd & 3rd Butlers and Under-Washpot, the remains of the Commons from the Bench Table on Grand Da . Wages £5 12 0 Dinner Mone 12 5 4 Su er Mone 1 15 0 Admittances into Commons 1 15 6 Calls to the Bar 2 3 6 For cleaning the Hall aid b the Butlers) 5 15 0 £28 11 4 On every alternate day the remains of Commons from the Bench Table, in conjunction with the 2"d Butler. On each Grand Day, a pint of port wine, and also in conjunction with the 1st,—nd,& 3rd Butlers and Head 531

£24


1844

MICHAELMAS TERM (Cont'd.)

Names

Description of Office

John Cooper cont.

Cas. Townsend

Kitchen Walter Cockman

James Birks

Parliament Chamber Woman

Chief Cook

Second Cook

Present Allowance

Washpot, the remains of the Commons from the Bench Table on Grand Day. He is provided with a large silver badge for the purpose of plying as a Porter in the Temple. He goes on errands for the Masters of the Bench during Term, for which he is allowed to charge Porter's fare. 0 0 £40 Wa ies

0 12 £105 4 5 12 1 7 2 0 5 7 5 17 £126 He provides Commons for the Hall at 3/- per head. He provides Commons for the gentlemen of the Bench at prime cost. Allowed £10 a year for kitchen utensils and £14 for pewter and brass. He is allowed 10/6 for dressing each of the Bench Dinners out of Term. On each Grand Day a pint of port wine. 0 0 £25 Sala 4 5 12 Dinner Money 1 7 2 Supper Money 6 12 3 Calls to the Bar Admittances into 0 11 3 Commons 11 15 £46

Proposed Allowance

£40

Salary Dinner Money Suer Mone Calls to the Bar

On each Grand Day a pint of port wine.

532

£126

Not to be allowed in future

To be increased to £60


1844 MICHAELMAS TERM (Cont'd.) Names

Description of Office

Jose h Todd [crossed throu h

First Turns it

Thomas Mills [crossed throu h

Second Turnspit

Present Allowance

Proposed Allowance

Wa es£1 0 0 Allowance in lieu ofer uisites12 0 0 Calls to the Bar2 3 6 Admittances into Commons1 15 6 Dinner Mone12 5 4 Supper Money2 7 1 Collection for cleaning students' knives9 10 0 On every alternate day the remains of Commons from the students' tables estimated at5500 £102195 On each Grand Day a pint of port wine. Wages etc. the same as the First Turnspit throughout. £102195

Thomas Saker [inserted later]

Cook's Assistant

Appointed in lieu of the Turnspits at £40 per annum.

Mary Winbank

First Dishwasher

Wages£168 For scouring and attendance1700 Board Wa es3159 Dinner Money1254 Supper Money271 Calls to the Bar236

Anna Usher

Second Dishwasher

£38184 On each Grand Day a pint of port wine. For scouring and attendance£1800 Dinner Mone1254 Supper Money271 £32125 On each Grand Day a pint of port wine.

533

£40

£33


1844

MICHAELMASTERM (Cont'd.) Names

Frances Mitchell

Third Dishwasher

Cath. Dewick

Fourth Dishwasher

Nathl. Richardson

Chief Porter

[Gown money £20 inencil

Proposed Allowance

Present Allowance

Description of Office

For scouring and attendance Dinner Mone Supper Money

f 18 12 2

0 5 7

0 4 1

12 5 £33 £32 On each Grand Day a pint of port wine. For scouring and 0 0 £18 attendance 4 5 12 Dinner Mone 1 7 2 Supper Money 5 £33 12 £32 On each Grand Day a pint of port wine. Wages

£21

0

0

For superintending the 0 8 36 Evening Watch 4 5 12 Dinner Money 1 7 2 Su er Mone 6 12 3 Calls to the Bar Admittances into 6 15 1 Commons 0 9 1 Extra on Calls 0 15 Reader's Fees Collection for Hats 0 17 10 about 0 0 30 Christmas Fees 5 2 £127 Allowed a lodge to live in. To provide gowns (in conjunction with the 2"d & 3rd Butlers) for the banisters and students, for the use of which 2/6 per Term is charged to each gentleman in Commons. On each Grand Day a pint of port wine. Allowed a 'great coat' every 3 years. Allowed a Porter's gown every 6 ears.

534

£80


1844 MICHAELMAS TERM (Cont'd.) Names

William Davis

Description of Office Under-Porter

Present Allowance

Wa es For attending the Inner Temple Lane Gate Dinner Mone Supper Money Calls to the Bar Admittances into Commons Collection for Hats (about) Christmas Fees

Proposed Allowance

£8

0

0

36 12 2 2

8 5 7 18

0 4 1 0

1

15

6

£64

17 10 0 13 0 0 £94 3 1I Allowed a lodge to live in. On each Grand Day a pint of port wine. Allowed a 'great coat' every 3 years. Allowed a Porter's gown every 6 ears.

Resolved that the Report be confirmed together with the schedule thereto annexed and it is further resolved that compensation be given to the Pannierman in lieu of the remains of commons from the barristers' tables and that Mr. Richards, Mr.Whateley and Mr. Wyatt be requested to consider and report what amount of compensation he should receive. Mr. William Powell, a student, to have permission to practise as a Special Pleader for one year. Mr. Whateley giving notice of motion for next term, "that before any new appointment be made of any Officer or Servant of the Society, the amount of the salary and emoluments of the situation be laid before the Bench". BENCH TABLE Nov. 26

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Baines and Mr. Wyatt.

535


1844 MICHAELMAS TERM (Cont'd.) Mr. John H. Brewster, Mr. Charles Winston and Mr. Francis Greensill, students, to have permission to practise as Special Pleaders extended for one year. Mr. James R. Akers, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. William Crofts, a student, having paid all dues, to have his name withdrawn and his bond delivered up. The following Order from the Middle Temple, read: "At Parliament held 22nd November 1844 Upon the Inner Temple Bench Table Orders relative to Mr. Coleman, Church Clerk, having been laid before this Parliament, as also the further correspondence received from Mr. Coleman. It is ordered on the part of this Society, that the Treasurer of this Society be requested to meet the Treasurer of the Inner Temple for the purpose of submitting to the respective Benches what they consider will be the best arrangement to be made in regard thereto.Ordered that the Treasurer of this Society be requested to meet the Treasurer of the Middle Temple upon the subject. Rerrt of the Chamber Committee of the Inner Temple, dated 261 November 1844, and signed by R.B. Armstrong and John Wyatt, Esquires, read as follows: "The Chamber Committee beg to report to the Bench, that they have considered the subject of the application referred to them from Messrs. Clayton No. 3 Hare Court, for a reduction of rent, and after having viewed the chambers, are of opinion that the rent should be reduced from £42 to £35 per annum, and that the present tenants should be allowed to continue tenants at that rental. The Committee have also considered the application from George Atkinson, Esq., a barrister of this Society, to rent the attics at No. 1 Inner Temple Lane, formerly occupied as the Clerk of the Works' Office, and are of opinion that they should be let to Mr. Atkinson at the rent of £15 per annum, being the same amount of rent paid by the last tenant." Ordered that the Report be confirmed. Business adjourned to Wednesday,

4111 December next.


1844

MICHAELMAS

TERM (Cont'd.)

BENCH TABLE Dec. 4

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Mr. Twiss, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Dundas, Mr. Baines, Mr. Whateley, Mr. Wortley, Mr. Roebuck, Mr. Hildyard, Mr. Wyatt and Mr. Hardy. Mr. Monier Williams, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Letter from Mr. Jos. Coleman, the Clerk of the Temple Church, dated 3rd December 1844, and addressed to the Treasurer and Masters of the Bench of the Inner Temple, read: "I feel it my duty most respectfully to resign my situation of Clerk of the Temple Church. As I shall have occasion twice in each year to leave town for the Circuit with the Lord Chief Baron, it will be impossible for me to attend to the small remaining duties of the Office at those periods. Whatever information or assistance my successor may need, I shall be most happy to render, and will with your permission attend the Church as usual for that purpose so long as he may deem it necessary. I beg to express my sincere and grateful thanks for your past favours." Ordered that Mr. Coleman's resignation be accepted, and that he be paid by this Society the amount of his salary to Christmas day next, and that this Resolution be communicated to the Masters of the Bench of the Middle Temple. The following letters, received from the Master of the Temple, dated respectively 29th November and 2nd instant, and addressed from 88 Oxford Terrace, Hyde Park, read: "The Master of the Temple begs leave to state that a newspaper I) called the "English Churchman", of the date of November 21, has been sent to him. That paper contains remarks upon the conduct both of the Benchers and Master of the Temple relative to the performance of a daily service in the Temple Church, and has conveyed to the Master the first and only intimation he has received, that the petition of some members of the two Societies in favour of such a daily Service had been rejected. Under these circumstances, the Master of the Temple feels it 537


1M4

MICHAELMAS TERM (Cont'd.) his duty to take the matter into his serious consideration, and as soon as he has formed any decision as to the manner in which he ought to act, he will not fail in communicating that decision to the Treasurer and Masters of the Bench on the Inner Temple." "The Master of the Temple begs leave to inform the Treasurer 2) and Masters of the Bench of the Inner Temple that he has come to the resolution of immediately engaging a clergyman to read the Daily Morning Service in the Temple Church, and that it is his intention to commence that Service as soon as possible. The Master of the Temple also understands that the responses in the Litany are now chanted by the singing mcn and boys, thus taking away the almost only remaining part of the Service in which the congregation could generally participate. Of this proceeding, the Master highly disapproved; the practice was introduced without his knowledge and consent, and he trusts it will for the future be discontinued." Mr. Chilton moved "that the Master of the Temple be informed on the part of this Society that this Bench receive with thankfulness the announcement of his resolution to perform Daily Morning Service at the Temple Church, and that with regard to the responses in the Litany, this Bench are anxious that the Master's wishes should be acceded to, and will direct that the chanting of those responses shall be discontinued". Upon which, Mr. Hildyard moved as an amendment: "that a letter be sent to the Master of the Temple informing him that, before any formal communication can be made to him in reply to his letters, this Bench think it due to the Masters of the Middle Temple that a conference should be had with them upon the subject; but which conference the Rules of that Society preclude the possibility of taking place before the ensuing Flilary Term, [and] that this Bench the less regret this delay as the Master has intimated to them his intention of immediately providing for the performance of daily service in the Temple Church". Resolved: that the amendment be adopted, and that the following Resolution be communicated to the Masters of the Bench of the Middle Temple, viz.: "Upon taking into consideration two letters received from the Master of the Temple, dated 29th November and 2"d instant respectively, it is ordered that before any formal communication be made to the Master in reply thereto, a conference be requested with the Masters of the Bench of the Middle Temple upon the subject." Business adjourned to Wednesday next, 1 1t1instant. 538


1844 MICHAELMAS

TERM (Cont'd.)

BENCH TABLE Dec. 11

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Spence, Mr. Chilton, Mr. Starkie, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Roebuck, Mr. Hildyard and Mr. Wyatt. The following letter from the Treasurer, William Burge, Esq., to the Master of the Temple, dated 5th December 1844, read: "As Treasurer of the Inner Temple, I have the honour to acquaint you, that your communications of 29th November and 2' instant, were laid before and taken into consideration by the Masters of the Bench at a Special Meeting yesterday, and I have to inform you, that the Masters of this Bench were of opinion, that before coming to any formal Resolution in respect to those communications, it was due to the Society of the Middle Temple to request a conference with them on the subject, which conference by the forms of that Society cannot take place until Hilary Term. The Bench of this Society wish me to state that they have the less cause to regret the delay in obtaining that conference, as you have intimated to them your intention of immediately providing for the performance of daily service in the Temple Church. I am further to acquaint you with respect to that part of your communication relating to the manner in which the responses to the Litany are repeated, that very much as the Bench regrets your objection to that manner, they have, on the part of the Inner Temple directed that the manner of so repeating them by the choir should be discontinued." The Master's reply thereto, dated December 7th 1844, from 88 Oxford Terrace, Hyde Park, read: "The Master of the Temple returns his best thanks to the Treasurer and Masters of the Bench of the Inner Temple for the prompt attention they have given to the subjects mentioned in his two letters lately addressed to them. He has in consequence of the answer he has received, arranged for the commencement of the daily service in the Temple Church on Monday morning next, December 9th and, as he thought it would be more agreeable to the two Societies not to have a stranger introduced, has engaged with Mr. Rowlatt for the performance of the duty. On the same principle the Master would feel obliged by the Inner Temple Treasurer and Masters of the Bench allowing their servants to attend to the opening of the Church doors and maintenance of order, as it might not be safe to entrust that employment to others, and any remuneration that may be deemed necessary to make to those servants the Master will readily answer for.

539


1844 MICHAELMAS TERM (Cont'd.) The Master cannot conclude this communication without expressing his satisfaction at the decision the Treasurer and Masters of the Bench have voluntarily adopted with regard to the responses in the Litany. P.S. The Master begs leave to add that his present arrangement with Mr. Rowlatt is for the next three months." Ordered that a sufficient number of the servants of this Society be desired to attend at the Church as requested by the Master. Two Resolutions received from Lincoln's Inn, dated 22'1November and 2nd December 1844 respectively,10 read, as follows:

"At a Special Council held at Lincoln's Inn, 22'1Nov. 1844 Present William F. Boteler, Esq. Treasurer, Sir Giffin Wilson, the Rt. Hon. Sir L. Shadwell (Vice-Chancellor of England), the Rt. Hon. Lord Campbell, Sir Charles Frederick Williams, William Henry Tinney, Esq., John Augustus F. Simpkinson, Esq., Matthew Davenport Hill, Esq., Christopher Temple, Esq., Rt. Hon. C. W. Williams Wynn, John Stuart, Esq., Edward Wilbraham, Esq., J. Herbert Hoe, Esq., Loftus T. Wigram, Esq., William H. Watson, Esq. and John Hodgson, Esq. Upon reading the further Report of the Committee appointed on 151hJune 1843 to consider the motion of Matthew Davenport Hill, Esq., one of the Masters of the Bench, and upon taking into consideration the regulations respecting the length of time during which students must have been entered before they are called to the Bar, and what degrees of what Universities should abridge that time: resolved that a Committee be appointed to communicate with the other Inns of Court on the subject. The Committee to consist of the following Masters of the Bench: the Rt. Hon. the Vice-Chancellor of England, William Henry Tinney, Esq., Christopher Temple, Esq., John Stuart, Esq., and the members of the old Committee, [namely] Willliam T. Boteler, Esq., Treasurer, John Augustus Francis Simpkinson, Esq., Clement Tudway Swanston, Esq. and Matthew Davenport Hill, Esq. Ordered that a copy of this Resolution be sent to each of the other Inns of Court, and that a deputation from each of the Inns be requested to meet the Committee appointed by this Society."

The Records of the Hon. Soc. of Lincoln's

Inn, Black Books, vol. 4 (1776-1845),

540

1902. p .226.


1844 MICHAELMAS TERM (Cont'd.) "At a meeting of the Committee appointed by the above Resolution held in the Council Chamber, 2ndDecember 1844. Present William Fuller Boteler, Esq., Treasurer, the Rt. Hon. the Vice-Chancellor of England, William Henry Tinney, Esq., John Augustus F. Simpkinson, Esq., Clement T. Swanston, Esq., Christopher Temple, Esq. and John Stuart, Esq. Resolved that the three other Inns of Court be invited to appoint each a Committee or deputation of Benchers to meet the Committee of Benchers of Lincoln's Inn appointed by the above Resolution, in order to consider of the propriety of establishing uniform Rules for all the Inns of Court for the admission of students, the keeping of terms, and the calling of students to the Bar, with the matters connected therewith, and to consider of the proper Rules to be adopted. And the Committee proposed that a meeting of the deputations of the Inns of Court should be held in the Council Chamber of this Inn on Monday 16thDecember instant at four o'clock. [signed]: M. Doyle, Steward, as 'a copy' "

Ordered that the under-named gentlemen be appointed a deputation to meet the Committee of Benchers of Lincoln's Inn on Monday next, 16thDecember instant, at 4 o'clock in the Council Chamber of Lincoln's Inn, to consider the propriety of establishing uniform Rules for all the Inns of Court for the admission of students, the keeping of terms, and the calling of students to the Bar, with the matters connected therewith and to consider the proper Rules to be adopted: William Burge, Esq., Treasurer, Sir Frederick Thesiger, Her Majesty's Solicitor General, Sir Charles Wetherell, Sir George Rose, Thomas Starkie, Esq., George Chilton, Esq., David Dundas, Esq. and the Rt. Hon. Dr. Stephen Lushington. Report of the Committee appointed to consider of the amount of compensation to the Pannierman, in lieu of commons from the barristers' tables, dated 7thDecember 1844, signed by John Wyatt and W. Whateley, read as follows: "The Committee appointed by the Bench on 22' November and report what amount of compensation should be consider last, to paid to the Pannierman in lieu of the remains of commons from the barristers' tables, have to report that after mature consideration of the subject, they recommend to the Bench that he be allowed the sum of ÂŁ50 per annum, during the pleasure of the Society.

541


1844 MICHAELMAS TERM (Cont'd.) The Committee have fixed this sum after taking the average amount stated by him to have been received for the last three years, and after deducting the sum of ÂŁ5 claimed as compensation for the remains of the beer, and also a further small deduction for the expenses he must necessarily have been put to in disposing of the broken victuals, and which result appears to the Committee to be a fair remuneration according to the number of messes at the Bar tables for the same period as furnished to the Committee by the Sub-Treasurer." Ordered that the Report be confirmed. Ordered that the proprietor of Dick's Coffee House be paid the amount of his bill (ÂŁ13 I s. 6d.) for dinners and refreshment supplied to Julian Busby, Esq., a barrister of this Society. The Chief Cook desiring to resign his situation: ordered that the following gentlemen be a Committee to inquire into the case of the Cook and the Kitchen, and to report to the Bench accordingly, viz.: The Treasurer, Mr. Twiss, Mr. Chilton, Mr. Dundas, Mr. Whateley, Mr. Wortley and Mr. Wyatt. Mr. Spence giving notice of motion for Wednesday next, "that the sum of five guineas be granted for the completion of 'the Alphabetical Catalogue of the Library'. Business adjourned to Wednesday next, 18thinstant. BENCH TABLE Dec. 18

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Roebuck and Mr. Wyatt. Mr. Henry Pelly Hinde, a student, to have permission to practise as a Special Pleader extended for one year. Mr. Edward Sykes, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Ordered that the sum of five guineas be granted for the completion of "the Alphabetical Catalogue of the Library" to the present timc. Business adjourned to Friday next, 20t1iinstant.

542


1844 MICHAELMAS TERM (Cont'd.) BENCH TABLE Dec. 20

Present The Treasurer, Mr. Twiss, Mr. Law, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Whateley and Mr. Roebuck. Ordered that the Chief Cook be requested to continue the performance of his duty until the end of the next term, and that it be referred to the Committee to consider whether it might not be advisable to have the tradesmen's bills sent in to the Society for the Commons for the Bench Table, instead of the present method of the Cook's bills of charges for the Bench dinners, and that the thanks of this Bench be offered to Mr. Whateley and Mr. Wortley for their willingness to undertake the examination of the bills. [signed]: " Examined John Wyatt, Jan. 15 1845 "

543


1845

WILLIAM BURGE, ESQUIRE

TREASURER

1 January to 31 December 1845

MASTERS OF THE BENCH attending Bench Table and Parliament

Sir Charles Wetherell, Sir George Rose, Horace Twiss, Esquire, The Hon. Charles Ewan Law, Sir Frederick Thesiger,1 Richard Preston, George Spence, Thomas Starkie, Thomas Joshua Platt, Francis James Newman Rogers, George Chilton, John Evans, Robert Vaughan Richards, Robert Baynes Armstrong, David Dundas, William Whateley, Matthew Talbot Baines, Esquires, The Hon. James Stuart Wortley, John Wyatt, John Arthur Roebuck, Robert Charles Hildyard, William Lee, Russell Gurney, George Medd Butt, John Edmund Dowdeswell, John Hardy, Stephen Lushington, D.C.L., Esquires, Sir John Beckett and Henry Hallam, Esquire.

I

He became Attorney General in 1845 on the death of Sir William Webb Follett.

544


1845 HILARY TERM

BENCH TABLE Jan. 14

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Spence, Mr. Platt, Mr. Chilton, Mr. Evans, Mr. Richards, Mr. Whateley, Mr. Wortley, Mr. Hildyard, Mr. Wyatt and Dr. Lushington. Orders of last term were read. Grand Day this term to be Wednesday, 22nd instant. Letter from Sir Robert Smirke to Mr. Martin, the Sub-Treasurer, upon the subject of resigning his appointment as Architect of the Society, addressed from 43 Queen Ann Street and dated January 13th, 1845, read: "I request you will inform the Treasurer and Masters of the Bench at their next meeting that as my health continues in so indifferent a state as to prevent my giving that personal attention to the Society's buildings and the proper repair of them, which I know they ought to receive. I think it my duty not to desire to hold any longer the Office which I have had for so many years in the service of the Society. I beg they will believe that it is with feelings of extreme regret that I make this communication, for my connection with the Society has been a source of the highest gratification to me as well as of professional interest and advantage, and I shall always retain a very grateful recollection of it. I hope the Masters of the Bench will also be assured that if, from my long acquaintance with the condition of all their buildings, my opinion upon any question concerning them should ever be thought likely to be useful, I shall be very happy to have the opportunity of giving it, so far as it may be in my power to do so.Ordered that the Treasurer be requested to acknowledge the receipt of Sir Robert Smirke's letter, and that it be taken into consideration by the Bench on Tuesday next, whether any person, and if any, who shall be appointed to succeed Sir Robert Smirke as Architect and Surveyor of this Society. Letter from John Horatio Lloyd, Esq., a barrister of this Society, from 1 King's Bench Walk, dated 14thJanuary 1845, read, regarding a petition to the Bench. The latter was presented last term by a gentleman of the Bar, about certain proceedings that might be taken

545


1845

HILARY TERM (Cont'd.) against Lloyd, containing charges and allegations wholly or in part untrue in the view of the same John Horatio Lloyd. Lloyd requests a copy of the petition and the official answer given, and gives the reason that he had not made the application in the last term, having been compelled to leave town by reason of a domestic calamity. Resolved that Mr. Lloyd be informed that his letter has been received, but that the nature of his application is such that it calls upon the Bench for no other notice. Ordered that Mr. Charles Welchman be permitted to have access to the Library for six months during the usual hours. Ordered that copies of the Report of the Committee of Lincoln's Inn and the Orders received from that Society respecting admissions and calls to the Bar, be sent to each of the Masters of the Bench. BENCH TABLE Jan. 17

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Twiss, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Evans, Mr. Whateley, Mr. Wortley, Mr. Roebuck, Mr. Hildyard, Mr. Wyatt and Dr. Lushington. Mr. Alexander Henry and Mr. Cuthbert Edward Ellison, students of Lincoln's Inn, to be admitted members of this Society on their certificate from Lincoln's Inn. The thanks of the Society to be conveyed by the Sub-Treasurer to the donors of the following books, presented to the Library: "The Controversy about the Varronianus between T. Hewitt Key, M.A. and the Revd. J.W. Donaldson, B.A." and "Parliamentary Debates on the Dissenters' Chapels Bill 7 & 8 Vic. c. 45". Ordered that before the appointment of any Officer or Servant of the Society be made, the amount of the salary and emoluments be laid before the Masters of the Bench. Ordered that George Chilton, Esq., and David Dundas, Esq., be added to the Library Committee. BENCH TABLE

Jan. 21

Present The Treasurer, Sir Charles Wetherell, Mr. Law, Mr. Preston, Mr. Spence, Mr. Platt, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Dowdeswell, Dr. Lushington and Mr. Hallam.

546


1845 HILARY TERM (Cont'd.) Mr. Lucius Kelly, a student, to have permission to practise as a Special Pleader extended for one year. Letter from Mr. Edward Eldred, the Sub-Treasurer of the Middle Temple, read: "Middle Temple 18th January 1845 I am directed by the Treasurer and Masters of the Bench of this Society to acknowledge the receipt of the BTO of the Inner Temple, dated 4th December last, upon the subject of the two letters received from the Master of the Temple, dated 29th November and 2nd December last, respectively, and to state that by a Resolution of the Masters of the Bench of this Society several Masters of the Bench have been appointed on the part of this Society, and will be ready to meet the Masters of the Bench of the Inner Temple, in conference, at any time they will fix." Ordered that a communication be sent to the Middle Temple informing them that the Masters of the Bench of this Society, appointed by the BTO 8th November last, upon the subject of Daily Morning Service at the Temple Church, will meet the Masters of the Bench of Middle Temple on Thursday next, upon the subject of the Masters' letters. The question whether any person, and if any, who shall be appointed to succeed Sir Robert Smirke as Architect and Surveyor to this Society, considered: resolved that no Architect be appointed to the Society. Resolved that the Treasurer, the Solicitor General, Sir Charles Wetherell, Mr. Preston, Mr. Platt, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Wyatt, Mr. Dowdeswell, Dr. Lushington and Mr. Hallam be a Committee to ascertain the duties of a Surveyor to the Society, and what would be a proper remuneration for the performance of those duties exclusively. Resolved that a conference be requested with the Masters of the Bench of the Middle Temple to consider the present situation of the Benchers ladies'seats at the Temple Church, with a view to an alteration of them; and, that if it is convenient to the Members of the Middle Temple, such conference might take place in the Parliament Chamber of this Society on Sunday, between the morning and afternoon services; and that the Committee of Conference on the part of this Society be: the Treasurer, Mr. Platt, Mr. Chilton and Mr. Wyatt. PARLIAMENT Jan. 24

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Thesiger, Mr. Preston, Mr. Spence, Mr. Platt, Mr. Starkie, 547


1845 HILARY TERM (Cont'd.) Mr. Chilton, Mr. Evans, Mr. Richards, Mr. Dundas, Mr. Whateley, Mr. Wortley, Mr. Hildyard, Mr. Wyatt and Mr. Flallam. Dissolved. BENCH TABLE Jan. 24

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Law, Mr. Twiss, Mr. Preston, Mr. Spence, Mr. Platt, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Richards, Mr. Dundas, Mr. Whateley, Mr. Wortley, Mr. Hildyard, Mr. Wyatt and Mr. Hallam Mr. Charles Edward Pollock, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Documents transmitted to this Society by direction of the Master of the Rolls, respecting the conduct of James Watson, Esq., a barrister of the Society, were read. The documents related to a case in the Chancery Court between Jeremiah Read and Elizabeth his wife, plaintiffs, and Joseph Pike and others, defendants. Mr. James Watson had been instructed to become the Counsel for the defendant, and that by reason of the poverty of Joseph Pike, an affidavit made 1st June 1844, and admitted by the Master of the Rolls gave notice that the defendant could defend this suit in fbrma pauperis, Mr. James Watson, Esquire, to be assigned as Counsel for the defendant, and Mr. John James Johnson for his Solicitor. An affidavit, dated 18th December 1844, from John Braddick of 17 Hague Street, Thomas Street, Bethnal Green, Middlesex, a messenger, confirms that he carried instructions from the defendant to Mr. James Watson that "the Court would be moved before the ViceChancellor Wigram on 2ndDecember next or so soon after as Counsel could be heard on behalf of the defendant Joseph Pike that he might be forthwith discharged out of the custody of the Keeper of the Queen's Prison from his contempt in this cause except as to the costs thereof.The cause of this contempt was for not answering the plaintiffs bill, and the defendant's certificate of answer was filed on or about 22nd June last. Mr. Watson had refused on several applications made to him, and continues to refuse to give up the papers for which reason the Order was made on 7th December instant, and consequently has not been drawn up. The reason given by Mr. Watson for such refusal is that he required a fee of half a guinea but the messenger said that in his opinion no fee was required or mentioned when the said papers were so received by Mr. Watson. A further affidavit from John Pizzey, clerk to John James Johnson of 19 Southampton Buildings, Chancery Lane. relates to the said receipt of a letter to the solicitors from Joseph Pike,

548


1845 HILARY TERM (Cont'd.) addressed from the Queen's Prison on 14th December 1844, as follows: "I am informed that Mr. Watson has obtained an Order for my discharge from contempt except as to the costs, but refuses to return me the brief and papers which I sent him for that purpose and I therefore request you will be so good as to apply to that gentleman for the papers in order that the Order may be drawn up without further delay." Further correspoadence between the Solicitor's Clerk, John Pizzey, Joseph Pike and Mr. Watson were read. In an affidavit by John Pizzey, filed 18th December 1844, Mr. Watson had said that the brief alluded to had at the foot of it the name of the defendant Joseph Pike, and that "he would not deliver the brief to the said John James Johnson nor to anyone else but the party of whom he received it, and then only upon payment to him of the sum of ten shillings and six pence, being the balance of a fee of one guinea which had been promised him by the defendant or by someone employed on his behalf and that the retainer upon which was originally marked the fee of one guinea had been altered to 1/2a guinea by having a line drawn under the figure 1 and a 2 placed under it." A further affidavit by John Pizzey, dated 20th December 1844, said that on 20th December instant, he served James Watson, Esquire, with a notice in writing that the ViceChancellor Sir James Wigram, having this day given leave to the defendant Joseph Pike to move on short notice for tomorrow morning, the 21't instant, "that his Counsel, assigned by Order of Pt June 1844, might forthwith deposit with the Chief Registrar of this Court, the brief held by the said James Watson upon the occasion of his application for the said defendant's discharge on 7th December instant, the two affidavits in support of the said application and the record and writ clerk's certificate of the answer of the said defendant, having been duly filed, and that the said James Watson might be ordered to pay the costs of that application by delivering to the said James Watson at his chambers No. 2 Cursitor Street, Chancery Lane, Middlesex, a true copy of such notice". Ordered that copies of the documents be sent to Mr. Watson and at the same time the following letter be written to him by the Sub-Treasurer, as follows: "1 am desired by the Masters of the Bench of this Society to inform you that the documents, copies of which are herewith enclosed, have been transmitted to this Bench. And I am further desired to inform you that the Masters of the Bench require from you an explanation of the matters stated in those documents." Mr. Whateley giving notice of motion for Friday next, "that the Watch of this Society be set at 4 o'clock throughout the year". 549


1845 HILARY TERM (Cont'd.) BENCH TABLE Jan. 28

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Preston, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Richards, Mr. Armstrong, Mr. Wortley, Mr. Hildyard and Mr. Wyatt. The Sub-Treasurer reporting that Thomas Joshua Platt, Esq., one of the Masters of the Bench, having been appointed one of the Barons of Her Majesty's Court of Exchequer, a set of Bench chambers situate at No. 3 Paper Buildings, at a rent of ÂŁ90, had become vacant. Ordered that they be disposed of at the Parliament to be held on Friday next, and that the Masters of the Bench have notice thereof. Report of the Committee appointed to consider the subject of a Surveyor to the Society, dated Tuesday 28th January 1845, read: "The Committee appointed by BTO 21st January instant, to ascertain the duties of a Surveyor to this Society, and to consider what would be a proper remuneration for the performance of those duties exclusively, have to report to the Bench that the Committee have taken the subject generally into their consideration, and have ascertained that the duties of the Surveyor consists principally in surveying and examining all the buildings belonging to the House, and in case of any defects, or want of reparation, from time to time to report the same to the Bench, and when ordered to be made good he is to give the workpeople the necessary directions, and to see that the several works connected therewith are carried into execution in a proper and satisfactory manner. He is to attend at all times when required to examine and give orders for any ordinary repairs and painting of the staircase and chambers belonging to the Society, also to examine and keep the roofs of the buildings in a proper state of repair, together with the drainage of the buildings and watercourses throughout the premises of the Society. He is required to measure and value all artificers work and limit the charges for the same to the amount allowed for similar works by Her Majesty's Office of Works (except otherwise directed by an Order of the Bench Table) and when he has examined the bills to certify the same for payment every half year. He is at all times, when required, to survey. estimate and report on any alterations or improvements which may be in contemplation in or about the premises of the House. and to attend the Bench as a Surveyor upon any matters which may be required of him. 550


1845 HILARY TERM (Cont'd.) The Committee think it right to mention that the annual extent of repairs causes an expenditure of ÂŁ2,900, and that there is a permanent Clerk of the Works whose duty is principally to superintend any works in progress, and to keep a daily account of all the workmen's time employed upon such works, and the materials used thereon, and to enter the same on printed vouchers to be delivered to the Surveyor every week, and also to report to the Surveyor the quantity and amount of old materials taken away by the tradesmen in order to an allowance being made for the same. Under all the circumstances, the Committee are of opinion that the salary of the Surveyor should be ÂŁ150 per annum." (signed: William Burge, John Wyatt and John Evans) Ordered that the Report be confirmed and that the appointment of the situation of Surveyor to the Society be offered to Mr. Sydney Smirke. The following letter received from the Middle Temple Treasurer's Office, together with a statement of the proposed change of the ladies' seats in the Temple Church, dated 28th January 1845, read: am directed to inform you, for the information of the Masters of the Bench of the Inner Temple, that the subject of the proposed change of the ladies' seats in the Temple Church, as communicated by the Committee, has been takcn into the consideration of the Masters of the Bench of the Middle Temple, and they think it expedient that the place suggested should be tried for a short time before any fixed alteration is adopted." Statement: That the first four seats eastward above the cross aisle opposite the organ, heretofore occupied by students of the two Societies, be in future used by Benchers' ladies only. That the next five seats towards the altar be used by barristers' ladies, that the five seats on each side next west end of the Church, heretofore used by barristers' ladies, be in future for the use of the students in lieu of those given up. That the four seats at the east end of the Church, on both sides, formerly used by Benchers' ladies, do remain at present unoccupied. That the chairs opposite the Benchers' seats in the aisle be removed from the centre to the side against the front of the Benchers' seats, on mats to be placed over the grating.

551


1845 HILARY TERM (Cont'd.) Ordered that the Committee appointed on 21't instant, be requested to carry these arrangements on the part of this Society into effect for the present. The following Resolutions received from the Middle Temple, signed by Mr. Edward Eldred, the Sub-Treasurer, read: "At Parliament held 27th January 1845 Resolved: that the Masters of the Bench of the Middle Temple do acknowledge with thanks the courtesy of the Masters of the Bench of the Inner Temple in proposing to join with them in a letter to the Master of the Temple in answer to his communications on the subject of daily service in the Temple Church, but deem it expedient under the circumstances to send a separate answer. Resolved: that the Master of the Temple having felt it incumbent upon him to open the Temple Church for daily service, the Masters of the Bench of the Middle Temple do not deem it necessary to interfere with what he considers to be the discharge of his duty. Resolved: that the Treasurer be desired to communicate the above Resolution to the Master of the Temple, in a letter dated 28th January 1845: "The Treasurer of the Middle Temple presents his compliments to the Master of the Temple and begs to inform him that at a meeting of the Parliament of the Middle Temple held yesterday, his letters to the Treasurer respecting daily service in the Temple Church, were brought before the Masters of the Bench for consideration and the following Resolution was passed: That the Master of the Temple, having felt it incumbent upon him to open the Temple Church for daily service, the Masters of the Bench of the Middle Temple do not deem it necessary to interfere with what he considers to be the discharge of his duty." PARLIAMENT Jan. 31

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Mr. Twiss, Mr. Preston, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Richards, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Roebuck, Mr. Hildyard, Mr. Wyatt and Dr. Lushington. Messrs. James Templeton Wood, Robert Henderson, John Rendall, Frederick Charles Gaussen, George Deane Sismey, George David Jones, George Davison Bland, Octavius John Williamson, 552


1845 HILARY TERM (Cont'd.) Edmund Round, Henry Thring, Alexander Henry and Cuthbert Edward Ellison, called to the Bar. Disadmittance from, and admissions to, Bench chambers with fines of 40s:Thomas Starkie, Esq., from Bench chamber one pair of stairs No. 8 Fig Tree Court to Bench chamber late of Thomas Platt, Esq., three pair of stairs south No. 3 Paper Buildings. Francis James Newman Rogers, Esq., from Bench chamber one pair of stairs east No. 7 Fig Tree Court to Bench chamber late of Thomas Starkie, Esq., one pair of stairs No. 8 Fig Tree Court. George Chilton, Esq., from Bench chamber one pair of stairs No. 2 Hare Court to Bench chamber late of Francis James Newman Rogers, Esq., one pair of stairs east No. 7 Fig Tree Court. The Rt. Hon. Stephen Lushington, from Bench chamber ground floor south No. 10 Farrar's Buildings to Bench chamber late of George Chilton, Esq., one pair of stairs No. 2 Flare Court. David Dundas, Esq., from Bench chamber area south No. 10 King's Bench Walk to Bench chamber late of the Rt. Hon. Stephen Lushington, ground floor south No. 10 Farrar's Buildings. Matthew Talbot Baines, Esq., to Bench chamber late of David Dundas, Esq., area south No. 10 King's Bench Walk. BENCH TABLE Jan. 31

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Mr. Twiss, Mr. Preston, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Richards, Mr. Armstrong, Mr. Whateley, Mr. Baines, Mr. Wortley, Mr. Roebuck, Mr. Flildyard, Mr. Wyatt and Dr. Lushington. The following Report of the Committee appointed to consider the case of the Cook and the Kitchen, read: "The Committee appointed by BTO 11th December last to inquire into the case of the Cook and the Kitchen, have to report that the Committee have ascertained from the Chief Cook that he is desirous of resigning his situation, as he himself states, because he is not so well able as formerly to perform the duties required of him, thc Committee therefore recommend that his resignation should be accepted and that provision be made for supplying his place.

553


I 845

HILARY TERM (Cont'd.) The Committee, having considered the subject of supplying the Bench Table and the Hall with commons are of opinion that the barristers' and students' tables should be supplied by the Chief Cook for the present, at 11/- per mess, the Cook taking the broken victuals as ordered by the Bench last Trinity Term and undertaking to vary the soup supplied. But with respect to the Bench Table, the Committee beg to observe that although the Cook is bound to supply the dinner ordered for that Table at cost price, the mode as at present adopted of making out a bill of charges for the dinner, thc correctness of which cannot be ascertained, is very objectionable. The Committee therefore recommend that instead of the present mode of making out a daily bill of charges, thc Cook should order the necessary supplies of approved tradesmen, and that those tradesmen be desired to send in their accounts weekly to be revised by a Committee of the Bench appointed each term for that purpose. Upon the subject of making provision in consequence of the resignation of the Chief Cook, the Committec recommend that the present Under-Cook should be allowed to perform the duties of Chief Cook upon the above terms during the ncxt term, in order that the Bench may judge whether he is qualified to be appointed to that situation, also, that he be allowed to engage some person to act as Assistant Cook during next term." Ordered that the Report be confirmed and that the Treasurer, Mr. Chilton, Mr. Richards, Mr. Whateley and Mr. Wortley be requested to regulate all matters respecting the Cook and the Kitchen for the next term and likewise to revise the tradesmen's bills as recommended in the Report. A letter from James Watson, Esq., a barrister of this Society, together with the documents accompanying the same, in reply to the Resolution of the Bench of Friday last, considered. The letter, dated 28th January and addressed from 2 Cursitor Street, Chancery Lane, giving the explanation he hopes the Bench require as to the case of Read v. Pyke, together with a letter Mr. Watson had sent to Mr. Johnson, Solicitor to the Chancery Paupers, were read: "I declare upon my honour as a gentleman that the contents of my letter are strictly true and my Clerk, my wife (if allowed) and myself could if necessary verify my statement. I have perused the affidavits of Mr. Braddick and Mr. Pizzey: that of Mr. Braddick contains a suppressio veri; those of Mr. Pizzey are substantially and in effect true. I think it right to state that when His Hon. Vice-Chancellor Wigram heard that I had a lien on the papers, he declined (without having heard my Counsel) to order them to be given up."


1845 HILARY TERM (Cont'd.) He continues to suggest that he has not been guilty of any improperconduct, and if he has erred it has been throughinadvertence and not intention. He wishes that the Bench postpone the further consideration of the affair until he is able to do justice to himself, as from the enclosed certificate, his state of health is at present very precarious. Copy of letter written by James Watson, Esq., to the Solicitor, Mr. J. Johnson, dated 21StJanuary1845, read: " I am unable througha most severe and dangerousattack of erysipelas, accompanied by fever, to leave my bed, which must be my apology if what I now send is considered insufficient, but I shall consider it my duty and be most happy to give any furtherexplanations when able. In consequence of having been very frequentlyrequestedon behalf of Chancery prisoners to act as their Counsel, I laid down a rule some time since, that before I consented to act as Counsel for defendants in such cases, I should receive a retainerof one pound three shillings and six pence, and to that rule I have since adheredwith the exception of the present case which I will shortly and I hope satisfactorily explain. On 25thMay last, I was asked to act as Counsel for Pike by a partywho had on several previous occasions been to me on similar errands,and who stated to me that he was not then in a position to pay the full amount of the retainerat that time, but that if I would take one half of my fee before the pauperorder was obtained, my Clerk's fee, together with the residue of my own should be shortly paid to this proposition. I, with reluctanceassented, and on Thursday 30thJune, the half guinea was paid, and the same promise continued that the balance should be speedily forthcoming,and if my recollection serves me, I inserted my own name in the pauperpetition. On 8thJune, the Clerk's fee was broughtand received by him, and the other half of my own was several times sent for, but never came. With regardto the retainersent to me being for half [a] guinea, I solemnly deny it, and as to taking it piecemeal, I only did so through kindness in consequence of the representationsmade to me as to the then state of the defendant's affairs. As to the date of the writing, if mine, I fell into tne same mistake in my own fee book on the same 30thMay, as my books will show. When Mr. Braddickcame to me in December, I told him in the presence of a witness that there was half [a] guinea owing to me on the retainer,and must be paid, and told him to go and bring it. When he came again, he said that in May last the defendanthad given a person in the prison two guineas to get the thing done. I have not seen the

555


1845 HILARY TERM (Cont'd.) retainer, but I strongly suspect that a fraud has been practised on me respecting it. What I have stated, I pledge my word as a man to be correct, and can substantiate it, and will be most happy if necessary to do so, when sufficiently recovered, but I am at the present moment writing under great disadvantages and pain. This matter has grieved me very much and the more so as I had the honour to be called to the Bar on the nomination of His Lordship, the Master of the Rolls, whose brother at Liverpool I have known from infancy, and during a practice of eleven years, this is the first occasion on which my conduct has been impugned, and I hope satisfactorily to clear it unscathed." Certificate from Christopher Hanagan, Surgeon, 14 North Square, dated 27th January 1845, accompanied the Fitzroy Street, above letter, describing how seriously ill Mr. James Watson had been, and how he remains subject to a relapse. Ordered that in consequence of the representation made by Mr. Watson of his present state of health, the consideration of his letter of 28th instant and of the matter to which the same relates, be adjourned until 18thApril next, before which time it is desired by the Bench that a more full and satisfactory explanation be given by Mr. Watson than is contained in that letter. Ordered that a Committee be formed to inquire into, and report upon the law and practice prevailing in the Court of Chancery, as to the duties of barristers in petitions and certificates in pauper cases, and the propriety of banisters taking fees in such cases; the following Masters of the Bench to be a Committee: the Treasurer, the Solicitor General, Sir Charles Wetherell, Mr. Twiss, Mr. Spence and Mr. Starkie. Ordered that the Treasurer, Mr. Chilton, Mr. Whateley, Mr. Hildyard and Mr. Wyatt be a Committee to inquire into the Watch Establishment of the Society, and to regulate all matters relating thereto until the next term. Business adjourned to Thursday next, 6th February. BENCH TABLE Feb. 6

Present The Treasurer. Sir Charles Wetherell. Mr. Spence. Mr. Evans. Mr. Armstrong, Mr. Roebuck. Mr. Hildyard and Mr. Wyatt. Letter from the Treasurer addressed to Mr. Sydney Smirke. offerinil to him the appointment of Surveyor to the Society, and Mr. Smirke's answer thereto. read. as follows:

556


1845 HILARY TERM (Cont'd.) "Inner Temple 30th January 1845 Dear Sir, When the Masters of the Bench of the Inner Temple received from Sir Robert Smirke his resignation of the Office which he held of the Society, they came to the Resolution, that for the future, they would not appoint anyone to occupy the place which he held. They have decided that for the purpose of superintending the extensive repairs of the buildings belonging to the Society, and watching over and advising upon their state and condition, they would appoint a Surveyor with a salary of f 150 a year. The Masters of the Bench have determined, that for the future, the Surveyor shall have no claim by virtue of his Office to be employed as Architect on the erection of any new buildings by the Society. He will not be excluded from being a competitor for such employment, but the appointment and salary have reference to the duties of Surveyor alone and exclusively. The Masters of the Bench have directed me to offer you this appointment. It is hoped that you will consider the offer as what it is really meant to be, a testimony of the esteem of the Masters of the Bench and their appreciation of the services you have rendered the Society. I may add from myself, that if any successor to Sir Robert Smirke had been appointed 1 have no doubt from the feelings entertained and expressed by the Masters of the Bench that you would have been selected for the Office. [signed] William Burge, Treasurer P.S. Mr. Martin, our Sub-Treasurer will show to you a statement of the principal duties of the situation, as approved by the Bench upon a Report of a Committee appointed to ascertain the duties expected from the Surveyor of the Society." Letter from Mr. Sydney Smirke, addressed from 24 Berkeley Square to William Burge, Esq., and dated January 31 1845: "Dear Sir, 1 have to acknowledge the receipt of your letter of yesterday intbrming me that the Masters of the Bench of the Inner Temple had decided On appointing a Surveyor, and had directed you to offer that appointment to me. I accept the offer with sincere thanks, and assure you that the Masters of the Bench may rely on having, at all times my best services. The kind expressions that accompany this offer give it

557


1845

FIILARY TERM (Cont'd.) great additional value, and shall always stimulate my endeavours to retain the good opinion of the Masters. I remain, Dear Sir, Your obliged and faithful servant, Sydney Smirke" Ordered that Mr. Sydney Smirke be appointed Surveyor to this Society at the salary and upon the terms and conditions mentioned in the Treasurer's letter, having reference also to the Report of the Committee read at the Bench Table on 28th January last. Ordered upon the recommendation of the Committee, appointed to consider the Watch Establishment of the Society, that the Evening Watch be set at 4 o'clock throughout the year, and that the men performing this duty be paid for the six winter months. Business adjourned to Friday next, 14thinstant. BENCH TABLE Feb. 14

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Spence, Mr. Starkie, Mr. Evans, Mr. Whateley, Mr. Armstrong, Mr. Hildyard, Mr. Wyatt, Mr. Dowdeswell and Sir John Beckett. Ordered that Mr. Whateley and Sir John Beckett be added to the deputation of the Masters of the Bench of this Society appointed to meet the deputations of the other Inns of Court upon the subject of admissions and calls to the Bar, and the matters connected therewith. Business adjourned to Wednesday next, 19thinstant. BENCH TABLE

Feb. 19

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Whateley, Mr. Wortley, Mr. Wyatt, Mr. Dowdeswell and Sir John Beckett. The thanks of the Society to be conveyed by the Treasurer to the Master of the Temple for his present to the Library of a copy of his pamphlet, entitled "Rubrics and Canons of the Church of England Considered".

558


1845 HILARY TERM (Cont'd.) The following communication "Lincoln's

received from Lincoln's Inn,

Inn,

At a meeting of the Committees of the four Inns of Court held in the Council Chamber, Lincoln's Inn, 7th February 1845 The Committees having proceeded to consider of the propriety of establishing uniform Rules for all the Inns of Court for the admission of students, the keeping of terms, and the calling of students to the Bar, with the matters connected therewith, and to consider of the proper Rules to be adopted: it was resolved that the meeting should stand adjourned to Friday, 21't February instant at four o'clock, when it will be proposed "that at none of the Inns of Court any distinction shall be made in the admission of gentlemen as students, keeping terms or call to the Bar, founded on their place of education". a copy signed by Mr. Doyle, Steward, Mr. Martin, Sub-Treasurer

Inner Temple"

Resolved unanimously, that it be an instruction to the deputation representing this Society to state at the meeting of the Committee to be held on Friday next, 21st instant, that this Society cannot concur in the proposition submitted to them by Lincoln's Inn "that at none of the Inns of Court any distinction shall be made in the admission of gentlemen as students, keeping terms or call to the Bar, founded on their place of education-. Business adjourned to Wednesday next, 26th instant. BENCH TABLE Feb. 26

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Twiss, Mr. Spence, Mr. Starkie, Mr. Roebuck, Mr. Hildyard, Mr. Wyatt and Sir John Beckett. Ordered that the deputations of the other Inns of Court, appointed to consider the subject of admissions and calls to the Bar, with the matters connected therewith, be invited to dine with the Masters of the Bench of this Society on Thursday, 6th March next. Business adjourned to Wednesday 1201March. BENCH TABLE

Mar. 12

Present The Treasurer, Sir Charles Wetherell, Mr. Spence, Mr. Starkie, Mr. Richards and Mr. Wyatt. 559


1845 HILARY TERM (Cont'd.) Ordered that Mr. Richards be added to the Committee appointed to inquire into the Watch Establishment of the Society, and to regulate all matters connected therewith until the next term.

[signed]: "Examined

560

John Wyatt April 19 1845"


1845 HILARY TERM (Cont'd.) The following communication received from Gray's Inn was ordered to be entered on the Minutes: "Lincoln's Inn, At an adjourned Pension held 11th December 1844 In Michaelmas Term last, the attention of the Bench was drawn to the conduct of Henry Hugh Pyke who was called to the Bar by this Society on 24thday January 1838. By information received, it appeared that during the time he was [a] student keeping commons for the Bar, and also since his call to the Bar, he had acted as an Attorney at Law or Solicitor, or had entered into some agreement or agreements to receive or share profits in business with some attorney or attorney's solicitor or solicitors, and had continued so to do until some time in the year 1840, although such conduct was not known to the Benchers of this Society before the said last Michaelmas Term. And evidence having been laid before the Bench in support of the charges against the conduct of the said Henry Hugh Pyke, and in particular certain Minutes of proceedings upon a reference to arbitration in the year 1841, in which John Bayley, Esquire (now Sir John Bayley) was the arbitrator, and to which arbitration the same Henry Hugh Pyke was a party and Mr. E.A. Dickenson (an attorney) was also a party, the said evidence was at a Pension held 6thNovember last referred to a Committee of Benchers to enquire and report to the Bench thereon. A Report was accordingly made and presented to the Bench by which the following charges were made against the said Henry Hugh Pyke. That while Mr. Pyke was a student for the Bar, and within two years before he was called to the Bar, he was actually in practice as an attorney at Oxford. That his agreement with Dickinson, an attorney, to share his profits as an attorney was entered into very shortly before his call to the Bar and was to continue for 6 years. That in pursuance of this agreement, he shared the profits of Mr. Dickenson's business as an attorney till 1840. That Mr. Pyke actually received only half of the fees marked on the briefs given to him as a barrister from Dickenson's Office."

561


1845 HILARY TERM (Cont'd.) "At a Pension held 13thNovember last. Ordered that the said Report should be adopted and that a copy of such Report should be sent to the said Henry Hugh Pyke, and that he should be informed that the Bench would be ready to hear any explanation of his conduct he might think fit to make. At a Pension held on 20th November last, the said Henry Hugh Pyke appeared before the Benchers and was partly heard at two several Pensions, respectively held on 22nd and 23r1 November, [where] he was further heard in explanation of his conduct, and at a Pension held on 25th November, a letter signed by the said Henry Hugh Pyke and addressed to the Bench was received, by which he stated that he had closed his case and declined to appear again before the Bench. In the course of his defence, the said Henry Hugh Pyke produced and delivered to the Bench an office copy of an affidavit made by him and filed in the High Court of Chancery, in a cause in which he was complainant and the said E.A. Dickenson and others were defendants, in order to support his bill of complaint and to obtain an injunction in such cause which related to the matters referred to arbitration, as before mentioned, and such affidavit was found materially to strengthen the charges made against the said Henry Hugh Pyke, before set forth. At the Pension held this day, the Benchers having taken into consideration the conduct of the said Henry Hugh Pyke, and being fully satisfied as to the truth of the allegations and charges made against him, ordered that the call to the Bar of the said Henry Hugh Pyke in this House be forthwith vacated and that he be disbarred and expelled from this Society, and that a copy of this Order be transmitted to the said Henry Hugh Pyke by the Steward. And it is also ordered that a copy of the above Order be transmitted by the Treasurer to the Lord Chancellor, the Lord Chief Justice of the Court of [the] Queen's Bench, the Master of the Rolls, the Vice-Chancellor of England, the Lord Chief Justice of the Court of Common Pleas, the Lord Chief Baron of the Court of Exchequer, the respective Judges of the several Courts of Westminster, the Vice-Chancellors Sir James Lewis Knight Bruce and Sir James Wigram, Sir George Rose, Judge of the Court of Review, the Dean of the Arches, the Judge of the Court of Admiralty, the Recorder and Common Serjeant of the City of London, the Commissioner of the Central Criminal Court, the Assistant Judge of the Middlesex Sessions and the respective Treasurers of the Inner and Middle Temple, and Lincoln's Inn. a copy signed by Thos. Griffith, Steward "


1845 EASTER TERM

BENCH TABLE Apr. 15

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Twiss, Mr. Starkie, Mr. Chilton, Mr. Whateley, Mr. Baines, Mr. Flildyard and Sir John Beckett. Orders of the last term were read. Grand Day this term to be Wednesday, 23rd instant. The Hon. Joseline William Percy, a student, having paid all dues, to have his name withdrawn and his bond delivered up. Mr. Edward Bury and Mr. George William Bell, students, having paid all dues, to have their name withdrawn, deposit returned and their bond delivered up. Letter from the Revd. Christopher Benson, Master of the Temple, dated 7`h April 1845, and addressed from Lindridge, near Worcester, read as follows: "Mr. Benson presents his compliments to the Treasurer of the Inner Temple and considers it proper to state that he has this day tendered to Her Majesty through Sir Robert Peel his resignation of the Mastership of the Temple." Ordered that the Treasurer be requested to write a letter to Mr. Benson expressing the regret of the Masters of the Bench of this Society on his resignation of the Mastership of the Temple. William Lee, Esq., Russell Gurney, Esq., George Medd Butt, Esq. and Abraham Hayward, Esq., barristers of this Society, having produced to the Treasurer Her Majesty's Letters Patent constituting them Queen's Counsel: ordered that it be taken into consideration on Friday next whether there be a call to the Bench this Term. Mr. Chilton giving notice of motion for Friday next, "that it is expedient that no member proposed and seconded for a call to the Bench bc excluded by ballot, but by a majority of the Benchers present and voting openly when the motion is brought forward". Letter read from James Russell, Esq., a barrister of this Society, of 40 Russell Square, dated 14'h instant and addressed to the Treasurer and Masters of the Bench, complaining his being the only Queen's Counsel who has not received the customary honour of being invited to the Bench. He believes "the circumstances, I am informed, which have led to this, are that the Lord Chief Baron having proposed my name, 563


1845 EASTER TERM (Cont'd.) and the vote on the motion being taken by ballot, it turned out that there was one and only one of the Benchers present who voted against me, while 16 or 17 voted for me". He then suggests that "having been deemed worthy of being one of Her Majesty's Counsel, I could not be unworthy of being one of your body" and refers to the votes of 16 or 17 Benchers as additional proof that the usual invitation to the Bench ought to have been extended to him, nor has he ever heard of any charge made against him, but if any is suggested "I am ready to meet it, without even desiring to know by whom it is made. It is a matter of regret to me that I should have incurred the dislike or disapprobation of even one of your number". He continues, and states that, "the Benchers of the Inner Temple are not a Club, where prejudice or private humour can properly and without much harm be allowed to have sway. The Country has intrusted to them duties and functions of the highest importance, and may I venture most respectfully to doubt whether it can be according to the law and constitution of an ancient prescriptive body, that, in the exercise of such powers and functions, the vote of one dissentient shall prevail conclusively, and that the voting, more especially where such importance is given to a single vote, shall be by ballot". He mentions that his application had been made at this particular time, after one or two of the Members of the Inner Temple have been made Queen's Counsel since last term, and "he fears he may be by passed over again if they, as he hopes they will be, are invited to the Bench". Ordered that the above be taken into consideration on Tuesday next, 221d instant, and that special notice be sent to the Masters of the Bench thereon. BENCH TABLE Apr. 18

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Twiss, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Dundas, Mr. Whateley, Mr. Roebuck, Mr. Wyatt and Mr. Hallam. The Treasurer's letter to the Revd. Christopher Benson, pursuant to the BTO of 15thinstant, and Mr. Benson's answer thereto, read as follows: Letter from William Burge, Esq., Treasurer, dated 15thApril, 1845: "I have laid before the Masters of the Bench of this Society your letter to me of the 7th instant communicating your resignation of the Mastership of the Temple.

564


1845 EASTER TERM (Cont'd.) I have much gratification in complying with their desire that I would express to you the great regret with which they learn that your official connection with the Temple has terminated, that I would assure you of the high respect with which they must ever regard the piety, learning and eloquence by which you continued [in] the Mastership of the Temple its distinguished rank as the subject of Ecclesiastical Preferment, and that I would offer to you their best and sincerest wishes that you may speedily be restored to and long enjoy perfect health." Letter from the Revd. Christopher Benson, dated 17thApril, 1845, from Lindridge, Worcester: "I beg leave to return my thanks to the Masters of the Bench of the Inner Temple for the regret they express at my retirement from the Temple and their wishes for my speedy restoration to perfect health. As the latter expression seems to take for granted that some failure or increased weakness of health has dictated the step I have taken, I should feel much obliged by your informing them that my strength and freedom from pain have been greater during the last two or three than for many previous years, and that no considerations with regard to health have had the smallest share in prompting my resignation." Ordered that William Whateley, Esq., be requested to cause to be procured for Julian Busby Esq., a barrister of this Society, now an inmate of Dr. Sutherland's Asylum, such articles of clothing as he may at present be in need of. The Sub-Treasurer reporting that John Douthwaite Nesham, Esq., a barrister of this Society, died on 17thFebruary last, and that by his death a set of chambers situate two pair of stairs at No. 8 Fig Tree Court had devolved to the House: ordered that Mr. Wyatt and Mr. Baines do view the same and report their annual value thereof. Mr. Chilton having moved, "that it is expedient that no member proposed and seconded for a call to the Bench be excluded by one black ball": the motion is negatived. Ordered that there be a call to the Bench this Term and that the gentlemen to be invited be balloted for on Friday next, 25thinstant and that the Masters of the Bench have notice thereof. BENCH TABLE Apr. 22

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Sir George Rose, Mr. Spence, Mr. Starkie, 565


1845 EASTERTERM (Cont'd.) Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Dundas,Mr. Whateley, Mr. Wortley, Mr. Roebuck, Mr. Wyatt, Dr. Lushingtonand Mr. Hallam. Letterfrom James Russell, Esq., a barristerof this Society, considered pursuantto the BTO 15thinstant,and Mr. Spence having moved "that it [the letter]be referredto a Committeeof the whole Bench, 5 to be a quorum,to be consideredand to reportwhat in theiropinion underall the circumstancesis the fit and propercourse for the Bench to adopt with referencethereto":the motion was seconded but afterwards withdrawn.It is orderedthat the following letterbe sent to Mr. Russell by the Treasurer,dated22" April 1845: "I have received and laid before the Mastersof the Bench your letterof 14thinstant,which has been consideredby them and I am instructedto informyou that they decline makingany Orderthereon." Reportof the Committeeappointedto inquireinto and reportupon the Law and Practiceprevailingin the Courtof Chanceryas to the duties of barristersin petitionsand certificatesin paupercases, and the proprietyof barristerstakingfees in such cases, reportingto the Bench, as follows: "Theresultof theirexperienceand inquiriesis that it is the duty of a barristeron petitionsand certificatesin paupercases to undertake the Office of Counsel purelygratuitouslyand thatthe takingof any fees from paupersuitorsis highly improper,and the Committee considerthat any bargainor arrangementbetween a Counsel and any client in any way relatingto fees is unprofessional,and if thatclient is known to be aboutto become a paupersuitorsuch conducton the part of Counsel is highly reprehensible. The Committeefurtherhave to reportthat Mr.James Watson the following letter, has subsequentlysent to the Under-Treasurer addressedfrom 2 CursitorStreet,and dated 8thApril 1845: 'The Committeehave not consideredit within the termsof the referenceto them to offer any opinion as to what is the proper course to be furtheradopted." Orderedthat the Reportbe unanimouslyconfirmedand thatJames Watson,Esq. a barristerof this Society, be furnishedwith a copy of such Report,and thathe be informedthatthe Mastersof the Bench of this Society, in consequenceof the assurancecontainedin his letter of 8thApril, do not thinkit necessaryunderthe circumstancesto do more on this occasion thanto directthata copy of the above Resolutionand of the Reportbe sent to him.

566


1845 EASTER TERM (Cont'd.) Ordered that the names of three of the gentlemen of the Bar of this Society be sent annually to each of the Inns of Chancery belonging to this House, as formerly, for the choice of a Reader, and that Mr. Barnes Peacock, Mr. Edward Birt Acton and Mr. John Rogers, senior, be sent to Lyon's Inn; Mr. Edwin John James, Mr. Charles Lane and Mr. James Holbert Wilson to Clifford's Inn, and Mr. Theodore Brooksbank, Mr. Edward Kensington and Mr. John Hibbert to Clement's Inn for this purpose. Ordered that a conference be requested with the Masters of the Bench of Middle Temple upon the subject of remunerating the Revd. Mr. Rowlatt for performing the daily morning service at the Temple Church under the direction of the last Master of the Temple, since 10thDecember last. Ordered that the Committee of Conference, on the part of this Society, be the same Masters of the Bench as were appointed by the BTO 8thNovember last, upon the subject of a daily morning service. PARLIAMENT Apr. 25

Present The Treasurer, Sir Charles Wetherell, the Solicitor General (Sir Frederick Thesiger), Sir George Rose, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Richards, Mr. Whateley, Mr. Baines, Mr. Roebuck and Mr. Wyatt. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last vacation. BENCH TABLE

Apr. 25

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Sir George Rose, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Dundas, Mr. Whateley, Mr. Wortley, Mr. Roebuck, Mr. Wyatt, Dr. Lushington and Mr. Hallam. Pursuant to the BTO 18thinstant, concerning a call to the Bench this term and that the gentlemen to be invited be balloted for this day: William Lee, Esq., a barrister of this Society, having produced Her Majesty's Letters Patent constituting him one of Her Majesty's Counsel and having been proposed and seconded and afterwards chosen by ballot: ordered that he be called to the Bench at the Parliament to be held on Friday next, and that the Sub-Treasurer do attend and give him notice thereof

567


1845

EASTER TERM (Cont'd.) Russell Gurney, Esq., a banister of this Society, having produced Her Majesty's Letters Patent constituting him one of Her Majesty's Counsel and having been proposed and seconded and afterwards chosen by ballot: ordered that he be called to the Bench at the Parliament to be held on Friday next, and that the Sub-Treasurer do attend and give him notice thereof. George Medd Butt, Esq., a banister of this Society, having produced Her Majesty's Letters Patent constituting him one of Her Majesty's Counsel and having been proposed and seconded and afterwards chosen by ballot: ordered that he be called to the Bench at the Parliament to be held on Friday next, and that the Sub-Treasurer do attend and give him notice thereof. Abraham Hayward, Esq., a banister of this Society, having produced Her Majesty's Letters Patent constituting him one of Her Majesty's Counsel and having been proposed and seconded and the ballot box having gone round according to the usage and custom of the House, and the result thereof being that Mr. Hayward was not invited to the Bench, and the ballot box having gone round again and the same result appearing: ordered that Mr. Hayward be not invited to the Bench. Mr. Chilton giving notice for Tuesday next, "that the following BTO of 12thJune 1840, viz.: "ordered that in future, no vote of money in the way of gratuity or pension be given out of the funds of this Society without a previous notice of fourteen days being sent round to the Masters of the Bench" be amended by striking out the words "in the way of gratuity or pension". The salary of George Bryant, the Clerk in the Treasurer's Office, having been moved that it be increased to ÂŁ100 per annum: ordered that it is considered on Friday 9th May next. Walter Cockman, late Chief Cook, having petitioned for relief: ordered that the subject be considered on Fridayt9 may. The allowance for one year of ÂŁ12 16s. to John Gardner and ÂŁ22 to Aurelia Gardner, expiring on 10th May next: ordered this to be considered on 9th May. Ordered that considering the present state of the polished marble throughout the Church, and the absolute necessity for the due preservation thereof, some person should be appointed constantly to attend to, clean and keep the same in proper order, as also, the window ledges and to dust the walls and ceiling of both Churches and monuments and walls in the triforium, and the four stained glass windows in the Square Church. It is resolved on the part of this Society 568


1845 EASTER TERM (Cont'd.) that William Rowe be appointed under the BTO 11thNov 1842: to clean the whole of the marble columns, caps and bases, the altar steps, piscina, and the string course round the Church, and all the marble work in the two Churches, to make good the same when defective, and to keep polished and in proper order all the polish of the marble as the same now is, to constantly keep clean all the widow ledges, and during the long vacation in every year to dust and thoroughly clean the whole of the walls and the ceilings of both Churches for which purpose scaffolding is to be furnished by the Societies, also to dust and constantly keep clean and in proper order the walls and monuments in the triforium and vestry and to dust and keep clean the stained glass windows. The Middle Temple is to be requested to concur in this Resolution and the Treasurers of the two Societies are to be requested to fix the amount of wages for the performance of these duties. BENCH TABLE Apr. 29

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Armstrong, Mr. Dundas, Mr. Wortley, Mr. Roebuck, Mr. Wyatt and Sir John Beckett. Ordered that the following letter received from the Rt. Hon. Sir Robert Peel, Her Majesty's first Lord of the Treasury, addressed from Whitehall and dated 29th April 1845, upon the subject of the Mastership of the Temple, and the Treasurer's letter in answer thereto, of same date, be entered on the Minutes: Letter from Sir Robert Peel: "My dear Sir, I take the earliest opportunity in my power of acquainting you, as Treasurer of the Inner Temple, that the Queen has been pleased to approve of the recommendation offered by me to Her Majesty, in favour of the appointment of the Revd. Dr. Robinson, Preacher at the Foundling Hospital, to the Mastership of the Temple. In selecting a succession to the Revd. Mr. Benson, I have been mainly influenced by a sincere wish to make an appointment likely to bc acceptable to the Members of the Societies to whom the Master of the Temple stands in so important a relation. I have the honour to be my dear Sir very faithfully yours (signed) Robert Peel"

569


1845

EASTER TERM (Cont'd.) Letter in reply from Mr. Burge, the Treasurer: "My dear Sir Robert Peel, I have the honour to acknowledge the receipt of your letter of today's date acquainting me as Treasurer of this Society that the Queen had been pleased to approve of the recommendation you had offered to Her Majesty in favour of the appointment of the Revd. Dr. Robinson to the Mastership of the Temple. I have laid your letter before the Masters of the Bench of the Inner Temple this evening and I have great gratification in complying with their desire that I would offer to you their best thanks for your attention in making this communication and for the consideration by which it informs us you were influenced in selecting a successor to the Revd. Mr. Benson in the Mastership of the Temple. I have the honour to be my dear Sir Robert Peel with great respect, yours very faithfully, (signed) William Burge"

Mr. Chilton's motion of 25th instant considered: ordered that in future no vote of money be given out of the funds of this Society without a previous notice of 14 days being sent round to the Masters of the Bench. An application from Thomas E. Briarly, Esq., a barrister of this Society, addressed from 8 King's Bench Walk, and dated 26t1 April 1845, respecting the practice of barristers taking briefs in cases to be tried at the Central Criminal Court, and afterwards transferring such briefs to other gentlemen of the Bar, not retained in the respective cases, as follows: "I am desirous of calling the attention of the Masters of the Bench to a practice prevailing to a considerable extent of barristers accepting briefs in cases to be tried at the Central Criminal Court, when there is no reasonable probability of their being able to attend in person to conduct the cases, in consequence of their intention to be on the Circuits in the country at the same periods. After taking the fees they hand over the case, whether for prosecution or defence to some other gentleman to be conducted without fee; and it is of frequent occurrence that prisoners who believe they have retained the assistance of the ablest advocates practising in that court, find that the advocates whom they have so selected are not present at the trial, but that their interests have been transferred to the care and skill of some other 570


1845 EASTER TERM (Cont'd.) gentleman, frequently but very lately called to the Bar, and therefore of but very little experience. The practice is admitted on all sides to be discreditable to the Bar, injurious to its interests and unjust to the prisoners. But it is of such old standing that there scarcely seems a remedy, short of the authority of the Masters of the Bench. The instance however which I am about to bring forward is not remarkable from any particular distinction or long standing of the gentleman whose conduct is brought in question. Yet it is rather a strong one, and came more particularly under my own observation. The Sessions of the Central Criminal Court are held once in each calendar month by Act of Parliament. The precise days for the commencement of each session are fixed by the Judges of Westminster Hall on the first day of Michaelmas Term, and are therefore known long beforehand. So also, are the days of the Assizes in the country. Mr. Charnock, a member of the Society of the Inner Temple, received two briefs, among others, for the Session of the Central Criminal Court commencing on Monday March 3rdlast. He went down to Hertford to the Assizes held there on Saturday 1st March and continued there through Monday. He was absent therefore from the Central Criminal Court till Tuesday 4th. He was at Chelmsford on Wednesday, Thursday and Friday, at the Central Criminal Court on Saturday, and till 20 minutes to 12 on Monday morning, when he set off for the Assizes at Maidstone, leaving a defence in a case then before the Court, and which did not close till 5 o'clock, in the hands of Mr. Parry who had not been retained. Mr. Charnock therefore was absent about five out of the seven actual days of business, and as at that session the cases of 187 persons were disposed of, and not infrequently more than twice that number occupy the Courts at a single session, and his business on the Circuit was uncertain, it is difficult to understand what assurance he could have of his ability to be in London and present at any case which he had undertaken. But, though Mr. Charnock was absent, his clerk was present through the whole of it, in breach of a Rule made at an especial meeting of the Bar, called to prevent the system of touting. On Thursday 6th March, during the same session, I saw this clerk deliver in the Old Court to Mr. Parry two briefs to hold for Mr. Charnock while he was at Chelmsford. I expressed to Mr. Parry my opinion that he ought not to receive them. He, however, dissented and continued to hold them. One of the cases was disposed of that day in the New Court; the other came on, the following morning (Friday). Mr. Parry was absent and Mr. Crouch was requested by the Attorney to hold the brief for Mr. Charnock, but having been told by Mr. Payne that he ought not to hold it without a fee, the Attorney gave it with two 571


1845 EASTER TERM (Cont'd.) guineas to Mr. Ballantine; afterwards Mr. Ballantine was called into the other Court, and Mr. Parry having arrived finished the case. Mr. Parry says that his reason for holding their briefs is that otherwise the prisoners would have been undefended, which is absurd. It is perfectly well known that at the Assizes no barrister is allowed to hold a brief for another who is absent from the Assize town; a similar Rule prevails at the Quarter Sessions. The Rule is enforced by the Grand Courts of the Circuit. But though the criminal business of the Central Criminal Court is far greater than that of any Assizes, there is no Grand Court, and it seems impossible to form one. The District of the Central Criminal Court comprises 2 1/2millions of persons —one tenth of the population of the United Kingdom —one sixth of England and Wales. Its monthly Session sometimes includes the trial of nearly 400 persons (1844, Apr. 390, Aug. 389) for the heaviest offences. Two Courts are always sitting at the same time and sometimes three for the more rapid despatch of business. Two and sometimes three of the Judges from Westminster Hall generally preside at all the most important trials, a solemnity which only takes place elsewhere on Special Commissions, the intention of the legislature on enlarging the jurisdiction of that Court having been to make its decisions precedents for the rest of the Criminal Courts of the kingdom. To check irregularities in a practice which is open to the whole Bar of England, a Committee of gentlemen usually attending those Sessions was appointed in December last to draw up regulations for approval, but no meeting has been held, and there is an impression that no Rule could be enforced, certainly the Orders of former Bar meetings there have neither been obeyed nor enforced, which induces the necessity of the present application. The immediate instance is brought forward not from any ill feeling towards Mr. Charnock or desire to do him the least injury; but because it furnishes an example of presumed irregularity in Mr. Charnock, and in his clerk, the breach of a recent and ineffective regulation made by the Bar. Other instances in other gentlemen at the same session might be brought forward. One especially came under the notice of the Recorder of London, a Master of the Bench, during the trial of Moses Jacobs and four others for conspiracy. There, nearly every tzentleman seemed to be engaged in doing some other Counsel's business, and in the midst of it the last case of the session was called on suddenly and ordered to proceed in the other Court, though the Counsel both for the prosecution and defence in it were both at that moment occupied in the defence of Moses Jacobs and others, and notwithstanding their urgent application for postponement.


1845 EASTER TERM (Cont'd.) It is difficult perhaps for men not engaged in the largest practice to resist the undertaking of business which there is a bare possibility of their performing, especially when they may transfer it to others without loss of anything but the trouble, and it is difficult in the juniors who have little opportunity of distinguishing themselves to resist the temptation of putting themselves forward, though they may disapprove of the practice from which the opportunity has sprung. lf, however, the practice now brought forward "that of retaining the fee and transferring the brief while the barrister is not in London" should appear to the Masters of the Bench in the same light that it does to your applicant, and be prohibited in future, such a regulation would give great satisfaction to many barristers, every one of whom the intention of making this application has been mentioned having expressed his approbation of it, and his desire of its success." Ordered that the Sub-Treasurer do acquaint Mr. Briarly that although the Masters of the Bench would disapprove any such general practice as is stated by him to exist, yet under all the circumstances they decline to interfere. PARLIAMENT May 2

Present The Treasurer, Sir Charles Wetherell, Mr. Starkie, Mr. Richards, Mr.Rogers, Mr.Armstrong, Mr.Whateley and Mr. Wyatt. Ordered that William Lee, Esq., Russell Gurney, Esq., and George Medd Butt Esq., be hereby called to the Bench. Messrs. Edwin Clark Suttor, John Dunnington Fletcher, Charles Frederick Rothery, Richard Cane, William Bassett Hewson and William James Metcalfe, called to the Bar. BENCH TABLE

May 2

Present The Treasurer, Sir Charles Wetherell, Mr. Starkie, Mr. Rogers, Mr. Richards, Mr.Armstrong, Mr.Whateley and Mr.Wyatt. The thanks of the Society to be conveyed by the Treasurer to the Chancellor of the Duchy of Lancaster for his present to the Library of a printed copy of "The Charters of the Duchy of Lancaster". The thanks of the Society to be conveyed by the Sub-Treasurer to the Committee of the Athenaeum for its present to thc Library of a copy of "The Catalogue of the Athenaeum Library", and that they be requested to accept "A Catalogue of the Library of the Inner Temple". Charles Peers, Esq., a barrister of this Society, having paid all dues, to have his name withdrawn and his bond delivered up. 573


1845 EASTER TERM (Cont'd.) Mr. William Henry Leathley, a student, to have permission to practise as a Special Pleader extended for one year. Ordered that Mr. Smirke do furnish an estimate for Macadamizing the carriageway opposite the Terrace and Crown Office Row. BENCH TABLE May 6

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Spence, Mr. Starkie, Mr. Evans, Mr. Armstrong, Mr. Lee, Mr. Wyatt and Sir John Beckett. Mr. Thomas B. Brooks, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Grand Day next term to be Monday, riJune, and that all the Judges, formerly members of this Society, be invited to dine with the Masters of the Bench. Resolution of BTO 11 February 1829 considered, "That no person be hereafter admitted a student of this Society without a previous examination by a barrister of the Society, to be named for that purpose by the Masters of the Bench, and a certificate signed by the Examiner of the competency of the candidate for admission in classical attainments and the general subjects of a liberal education": it is resolved that from and after this present term, the above Resolution of 11 February 1829 shall not apply to any gentleman who upon his application to be admitted a member of this Society shall have taken the degree of B.A. in either of the Universities of Oxford, Cambridge or Dublin and shall produce a certificate to that effect. Report of the Committee appointed to consider the subject of remunerating the Revd. Mr. Rowlatt for performing daily morning service at the Church, dated 6th May 1845, read, as follows: "The Committee appointed by this Society in conjunction with the Committee of the Middle Temple to consider the subject of remunerating the Revd. Mr. Rowlatt for performing the daily morning service at the Temple Church under the direction of the late Master of the Temple beg to report to Bench. The Committee of this House consisting of the Treasurer, Sir George Rose, Mr. Chilton and Sir John Beckett met in the Parliament Chamber this day, and having waited till 4 o'clock for the members of the Middle Temple, and regretting that no member of the Committee of that Society was able to attend, they proceeded to consider the subject referred to them. 574


1845 EASTER TERM (Cont'd.) The Committee find the late Master had himself undertaken to give ten guineas per month to Mr. Rowlatt for the performance of the daily service in the Temple Church but they are of opinion that the Master should be relieved from this expense. The Committee therefore propose that this sum should be paid in moieties by the two Societies since 10th December last, and they trust that the Middle Temple will concur in this proposition." Ordered that the Report be confirmed and that the same be communicated to the Middle Temple. Ordered that Mr. Smirke, the Surveyor, do ascertain whether gas can be introduced in the several staircases belonging to this House with safety and report the expense of laying on the same. BENCH TABLE May 9

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Richards, Mr. Armstrong and Mr. Lee. Order received from the Middle Temple read, viz.: "Middle Temple At a Parliament held on 2nd May 1845, the Bench Table Order of the Inner Temple, dated 22nd ultimo, upon the subject of remunerating the Revd. Mr. Rowlatt for performing the daily morning service at the Temple Church under the direction of the Master of the Temple since le December last, was read. Ordered that the Treasurer, the late Treasurer, and the Treasurer next in succession be appointed on the part of this Society to confer with the Committee appointed by the Inner Temple to report thereon. And it is ordered that the Committee of that Society be informed that the Committee of this Society will be ready to meet them at such time as they shall appoint. [signed] a copy Edward Eldred, Sub-Treasurer" Ordered that the salary of George Bryant, the Clerk in the Treasurer's Office, be increased to one hundred pounds per annum, such increase to commence from Lady Day last.

575


1845

EASTER TERM (Cont'd.) Ordered that the allowance for one year of ÂŁ12 16s. to John Gardner and ÂŁ22 to Aurelia Gardner, two of the children of the late Sub-Treasurer, be continued for another year. Petition from Walter Cockman, late Chief Cook, that he had been in the service of the Society for 21 years, and that being sixty years of age and feeling himself no longer able to efficiently discharge his duties, he had resigned his situation. He prayed for relief: ordered that the prayer of his petition be rejected. Mr. Spence giving notice of motion for the first business day of the next term, "that the Resolution of the Bench of 6th May instant, which exempts Bachelors of Arts and gentlemen who have passed their examination for the degree of B.A. at either of the Universities of Oxford, Cambridge or Dublin, from passing the usual classical examination previous to their admission to this Society, be considered".-

2

"Withd ra w n- written in the margin.

576


1845 TRINITY TERM

BENCI-I TABLE May 23

Present The Treasurer, Mr. Spence, Mr. Rogers, Mr. Whateley and Mr. Butt. Orders of the last term were read. Mr. Charles de la Pryme, a student of Lincoln's Inn, to be admitted to the Society on his certificate from Lincoln's Inn. Ordered that the Master of the Temple be invited to meet the Judges, formerly members of this Society, at dinner on Grand Day this term. Ordered that the sum of twenty five guineas be given out of the funds of this Society as a donation to King's College Hospital. The Revd. Thomas Robinson, Doctor in Divinity, having produced Her Majesty's Letters Patent, by which he is constituted and appointed Master of the Temple upon the resignation of the Revd. Christopher Benson, late Master thereof: ordered that he have an allowance or salary of twenty five pounds a quarter to be computed from the twenty second day of May instant, being the commencement of the Patent, payable out of the Treasury of this Society during pleasure, and such payments when made to be in full satisfaction of all dues and demands whatsoever claimed, or to be claimed of the Society of the Inner Temple by the said Dr. Robinson in respect of the said Mastership. And it is further ordered that the said Dr. Robinson have leave to enter into this Society's moiety of the House wherein the late Master of the Temple dwelt, to hold and enjoy the same during his said Mastership. BENCH TABLE

May 27

Present

The Treasurer, Mr. Starkie and Mr. Wyatt.

Mr. Rogers giving notice of motion for Tuesday, 10thJune, "that the payments now made by this House to Mr. Rowlatt as Reader and Librarian, be taken into consideration with the view of ascertaining whether any, and if any, what addition should be made thereto-. Ordered that the Report received from Mr. Sidney Smirke, the Surveyor, upon the subject of lighting the staircases belonging to this Society with gas, be referred to the Chamber Committee. Resolved on the part of this Society that the Treasurer be requested to confer with the Treasurer of the Middle Temple, so as to ascertain the necessary repairs and painting required at the Master's House, and to

577


1845 TRINITY TERM (Cont'd.) procure estimates for such repairs and report to the Masters of the Bench of the respective Societies thereon. PARLIAMENT May 30

Present The Treasurer, Sir Charles Wetherell, Mr. Spence, Mr. Starkie, Mr. Evans, Mr. Richards, Mr. Armstrong, Mr. Whateley, Mr. Lee, Mr. Gurney, Mr. Butt, Mr. Wyatt and Sir John Beckett. The Revd. Thomas Robinson, Doctor in Divinity, having produced Her Majesty's Letters Patent, by which he is constituted and appointed Master of the Temple upon the resignation of the Revd. Christopher Benson, late Master thereof It is at this Parliament ordered and enacted that he have an allowance or salary of twenty five pounds a quarter to be computed from the twenty second day of May instant, being the commencement of the Patent, payable out of the Treasury of this Society during pleasure, and such payments when made to be in full satisfaction of all dues and demands whatsoever claimed, or to be claimed of the Society of the Inner Temple by the said Dr. Robinson in respect of the said Mastership. And it is further ordered that the said Dr. Robinson have leave to enter into this Society's moiety of the House wherein the late Master of the Temple dwelt, to hold and enjoy the same during his said Mastership. BENCH TABLE

May 30

Present The Treasurer, Sir Charles Wetherell, Mr. Spence, Mr. Starkie, Mr. Evans, Mr. Richards, Mr. Armstrong, Mr. Whateley, Mr. Lee, Mr. Gurney, Mr. Butt, Mr. Wyatt and Sir John Beckett. Report of the Committee appointed to consider the subject of the late Chief Cook's resignation read: "The Committee report to the Bench that in consequence of a Report made by the Committee in Hilary Term last, in which it was recommended that James Birks, the Under-Cook should perform the duties of Chief Cook during the then next term, in order that the Masters of the Bench might have an opportunity of judging whether he was qualified to fill the situation of Chief Cook, and he having performed those duties in a manner as the Committee conceive much to the satisfaction of the Bench, they do therethre recommend that James Birks, the Under-Cook be appointed Chief Cook to the Society during pleasure at the salary of f 126 per annum, that being the same amount of salary paid to the late Chief Cook and that he be paid 10/6 for each day's attendance at the dinners after term. The Committee

578


1845 TRINITY TERM (Cont'd.) further recommend that Henry Birks, the present Cook's Assistant, be appointed Under-Cook during pleasure in the room of the said James Birks at a salary of ÂŁ60 per annum. (signed) William Burge, John Wyatt" Ordered that the Report of the Committee be confirmed. Ordered that the following gentlemen be a Committee to examine the Cook's bills for Commons for the Bench Table this term: the Treasurer, Mr. Whateley and Mr. Wortley. BENCH TABLE Jun. 3

Present The Treasurer, Mr. Starkie, Mr. Richards, Mr. Armstrong, Mr. Baines, Mr. Lee, Mr. Gurney, Mr. Butt and Mr. Wyatt. Ordered that George Harris, Esq., a banister of the Middle Temple, to have permission to have access to the Library of this Society, and also to search the Books in the Treasurer's Office to assist him in writing the life of Lord Chancellor Hardwicke. Mr. Wyatt and Mr. Baines reporting on viewing the chambers two pair of stairs at No. 8 Fig Tree Court, lately devolved to the House by the death of John Douthwaite Nesham, Esq., and consider the annual value to be ÂŁ70: ordered that the chambers be let for that sum. Letter from Sir J.A.F. Simpkinson,3 the Treasurer of Lincoln's Inn, to the Treasurer of the Inner Temple, dated 23rdMay 1845, together with a copy of a memorial sent to that Society by Mr. John Wellington Gwynne, read, as follows: "Lincoln's Inn, In pursuance of a Resolution of the Benchers of this Society, I transmit to you a copy of a memorial, which has been lately presented to us by a Mr. Gwynne, requesting you to have the goodness to submit the same to the consideration of the Benchers of your Society and to communicate to me whether in their opinion the prayer of the memorial ought to be granted or not." "The Memorial of John Wellington Gwynne of the City of Toronto in the province of Canada presently residing in the City of Westminster, herewith:

3

The Minutes give his name as J.D.F. Simpkinson.

579


1845 TRINITY TERM (Cont'd.) That the Law of England both civil and criminal is that existing and administered in the province of Upper Canada. That a Society has been incorporated by an Act of the Provincial Parliament under the name of "The Law Society of Upper Canada" for the purpose of regulating the practice as to call to the Bar within the Colony. That the said Society consists of the Attorney and Solicitor General of the Province and the senior members of the Bar within the Colony, and the Judges of Fler Majesty's Court of Queen's Bench within the Colony are the visitors of the said Society. That the said Society acts upon the principles and is invested with powers similar to those of your Society. That the following Rules have been established by the said Society relating to the admission and call of members to the Bar for graduates of any of the Universities of Great Britain and Ireland, or within the British North American Provinces, viz.: An introduction by a term's notice given by a member of the Society called to the Bar to the Benchers in convocation of the applicant's desire to be admitted a member and to be entered on the Books of the said Society. Continuance as a member on the Books of the said Society for the period of three years. Actual personal attendance at the Courts during four terms. A term's notice signed by a Bencher of the Society of intended application for call. An examination in law by the Benchers in convocation. Payment of the fees required. That the following Rules have also been established by the said Society relating to the admission and call of persons to the Bar who are not graduates of any such University, viz. an examination previous to admission as a member, in the presence of the Benchers in convocation in classical, scientific and general information, by an Examiner appointed by the said Society for that purpose, and who is at present a graduate and scholar of the University of Dublin, and continuance on the Books of the Society for the period of five years.


1845 TRINITY TERM (Cont'd.) That your memorialist was called to the Bar by the said Society in the year 1837 and has practised at the Bar within the Colony upwards of six years. That by an Act of the Provincial Parliament it is provided that the said Law Society shall have power to call to the Bar in Upper Canada all persons called to the Bar by any of the Societies in the British Empire by which it should appear that a like privilege is granted to persons called to the Bar by the said Law Society. That the said Society without enquiry into the fact, have in favour of all the Societies in England and Ireland established as a Rule that any person called to the Bar in England or Ireland may be called to the Bar by the said Law Society, upon a term's notice of the intended application being given by a Bencher of the Society, and upon the production of the certificate obtained by the applicant upon his being called to the Bar in England or Ireland, upon being satisfied of the identity and character of the applicant, and upon payment of the fees required in ordinary cases. That several gentlemen called to the Bar by the different Societies in England have availed themselves of this Rule and have from time to time been admitted ad eundem by the said Law Society of Upper Canada and some are now practising at the Bar of the said Colony by virtue of such admissions. That since your memorialist was called to the Bar by the said Law Society, a Court of Chancery in which equity jurisprudence is administered in accordance with the Law and practice of England has been established in Canada. That your memorialist being desirous to avail himself of the advantages presented in England for the study of the law and practice in proceedings in equity, did in the month of June last enter the chambers of Mr. Rolt of the Equity Bar, and has since been studying the practice and pleadings of Courts of Equity with him and intends to complete the period of one year in his chambers which your petitioner has been informed is the usual period spent by gentlemen called to the Bar by your Society intending to practice in equity, and after that time to return to Canada to resume his practice at the Bar there. That your memorialist is desirous of being admitted a member of and called to the Bar by your Honourable Society. That any facilities which may be afforded under proper restrictions by your Society to members of the Bar in Canada to be called to the Bar in England will offer inducements to them to complete their legal duties in England and will be very beneficial 581


1845 TRINITY TERM (Cont'd.) to the profession of the law in Canada and will tend to cement the union between the two countries. Your mernorialist therefore prays that your Society will be pleased to consider the premises and to relax in favour of your memorialist under the circumstances herein appearing the Rules of your Society in relation to the keeping terms prior to being called to the Bar and that your memorialist may be called to the Bar by your Society upon payment of the usual fees. And your memorialist will ever pray etc. John W. Gwynne" "April 23rd 1845 a copy M. Doyle Steward " Resolved that the Treasurer be requested to inform the Treasurer of Lincoln's Inn that it is the unanimous opinion of the Masters of the Bench of this Society, that the prayer of the memorialist ought not to be complied with. PARLIAMENT Jun. 6

Present The Treasurer, Sir George Rose, Mr. Starkie, Mr. Evans, Mr. Armstrong, Mr. Roebuck, Mr. Hildyard, Mr. Lee and Mr. Wyatt. Messrs. Louis Vigurs, Sholto James Douglas, Arthur Hyde Dendy, Robert Glazbrook, Alfred Milne, Edward Nathaniel Conant, Richard Roope, Thomas Irwin Barstow, Dunbar John Cother and Charles de la Pryme, called to the Bar. George Spence, Esq., to be Reader of this Society for the next Trinity vacation. Business adjourned to Tuesday next, 10thJune to call Mr. Henry James Fowle Swayne. BENCH TABLE

Jun. 6

Present The Treasurer, Sir George Rose, Mr. Starkie, Mr. Evans, Mr. Armstrong, Mr. Roebuck, Mr. Hildyard, Mr. Lee and Mr. Wyatt. The Surveyor's Report to both the Inner and Middle Temples of the probable cost of putting the Master's House into a complete state of repair, read, as follows:

582


1845 TRINITY TERM (Cont'd.) "We estimate the probable cost of putting the Master's House and Offices into a complete state of substantial and decorative repair at about ÂŁ300. If a water closet be provided on the ground floor, the probably additional cost will be ÂŁ35." (signed: Sydney Smirke and Walter Crosby) It is resolved that the same is confirmed by this Society, and that this Society are ready with the concurrence of the Middle Temple to have the work to the amount mentioned in the Report performed, and that this Resolution be communicated to the Middle Temple, and that they be requested to concur therein. Ordered that for the future, the Chief Cook do supply for the barristers' and students' table the following commons besides the necessary vegetables, bread, cheese, butter, sallard [sic] etc. as formerly, viz.: The Easter and Trinit Terms Sunday - roast beef and plum pudding Monday - ox-tail soup, boiled leg of mutton and tart Tuesday - green pea soup, roast leg of lamb and tart Wednesday - mock turtle soup, roast leg of mutton and tart Thursday - green pea soup, roast beef and plum pudding Friday - fish and roast leg of lamb Saturday - ox-tail soup, roast veal and tart The Michaelmas and Hila

Terms

Sunday - roast beef and plum pudding Monday - pea soup, roast leg of pork and roast fowl Tuesday - ox-tail soup, roast leg of mutton and tart Wednesday - pea soup, aitch-bone of beef and tart Thursday - mock turtle soup, roast beef and plum pudding Friday - pea soup, fish and roast leg of mutton Saturday - ox-tail soup, roast veal and tart PARLIAMENT

Jun. 64

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Thesiger, Mr. Law, Mr. Spence, Mr. Armstrong, Mr. Lee, Mr. Gurney, Mr. Butt, Mr. Wyatt and Sir John Beckett.

Included separately in the Acts of Parliament, PAR/2/10, with this date, although there is no mention of a Parliament taking place in the Bench Table Order Book on June 6th.

4

583


1845

TRINITY TERM (Cont'd.) Mr. Henry James Fowle Swayne called to the Bar. BENCH TABLE Jun. 10

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Spence, Mr. Armstrong, Mr. Lee, Mr. Gurncy, Mr. Butt, Mr. Wyatt and Sir John Beckett. Order received from the Middle Temple read, viz.: "Middle Temple. At a Parliament held on 6th June 1845: The Masters of the Bench of the Inner Temple having communicated to this Society the Order made by them dated 6th ultimo, upon the proposition contained in the Report of the Committee of that House relative to the payment to Mr. Rowlatt for the performance of daily morning service in the Temple Church since 10th December last, and that proposition having been moved at this Parliament, the same is not concurred in on the part of this Society." Resolved unanimously that the sum engaged to be given to the Revd. Mr. Rowlatt by the late Master of the Temple be paid to him by this Society up to the time of the Master's resignation. Resolution received from the Middle Temple read, viz.: "Middle Temple. At a Parliament held on 6th June 1845: Resolution of the Inner Temple, dated this day, relative to the estimate of the Surveyors upon the probable cost of putting the Master's House into a complete state of repair, read: resolved that this Society do concur therein." Ordered that Francis James Newman Rogers, Esq., be allowed the present term as kept, he being unable to attend at the Bench Table through indisposition. BENCH TABLE

Jun. 13

Present

The Treasurer, Mr. Spence, Mr. Armstrong and Mr. Lee.

Mr. Roger Fenton, a student, having paid all dues, to have his name withdrawn and his deposit returned.

584


1845 TRINITY TERM (Cont'd.) Order received from the Middle Temple read, viz.: "Middle Temple. At a Parliament held on 6th June 1845: The Bench Table Order of the Inner TemVe, dated 25th April last, which was read at the Parliament held on 2n ultimo, and the consideration thereof postponed at the last Parliament, having been brought before this Parliament: it is ordered that this Society do concur therein." Business adjourned to Friday, 20th instant. BENCH TABLE Jun. 20

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Richards, Mr. Armstrong, Mr. Lee, Mr. Butt and Mr. Wyatt. Mr. Rogers having moved "that the payments now made by this House to the Revd. Mr. Rowlatt as Reader and Librarian, be taken into consideration with the view of ascertaining whether any and if any, what addition should be made thereto", and the following letter from Mr. Rowlatt to F. N. Rogers, Esq., read, viz.: "Inner Temple Library, May 19th 1845 The appointment of a new Master of the Temple and my consequent loss of the house, which I have occupied for thirteen years, has (as you may suppose) added much to the difficulties of my situation, which were sufficiently great before. Believing that there are many Benchers, who are not perfectly acquainted with the circumstances and the length of my connection with the Temple, will you permit me to state them as briefly as possible to you, and to beg the favour of you to make them generally known in the hope that they will receive a patient and candid consideration from the Bench. More than this, I do not presume to request. I believe I entered the Society in the year 1794. I was called to the Bar in 1804 and ceased to be a member in 1814 when I took orders.5 In 1818 I was appointed Librarian and in 1820 Reader —so with the exception of four years, I have been connected with the Society 51 years. The Librarianship was offered to me at £100 a year. It was then almost a sinecure but it has long since lost that character. When I accepted the Office, 1 little expected that I should serve it at that rate for twenty years, particularly when the establishment was

5

-

Folios regarding this letter are inserted in an incorrect order in the Bench Table Order Book.

587


1845 TRINITY TERM (Cont'd.) so much increased and the duties of it also. But so it proved. For the last seven years, it has been raised to £150 —a sum I believe still much below what similar Librarians receive everywhere else, except perhaps at the Middle Temple. In 1820, I was appointed Reader. The salary was then £120 and chambers when the appointment was with the Middle Temple, and £20 in lieu of them, when it rested with the Inner. Sir Charles Wetherell thought it too low, and proposed to raise it to £200. In addition to these salaries, I had for many years the whole of the afternoon sermons, amounting to about £113 a year, in lieu of which I receive at present from the Inner Temple £50 a year, but the remainder from the Middle Temple is uncertain. Hitherto, I have had all their appointments, but they depend entirely upon the favour of every succeeding Treasurer, and may at any time be given to another. Thus I receive about £470 a year for my services as a clergyman, and my daily attendance and duties as Librarian. A considerable sum I admit, but totally unequal to the bringing up, as I have done, a family of nine children, now all men and women, whose ages range from about 42 to 21 years, and which I never could have done but for the liberal assistance of one or two relatives, a few very kind friends, and some fortunate accidents. Amongst these I reckon the acquisition of the Master's House, which has been a saving to me of full £100 a year for 13 years, besides the great convenience of its locality for my duties, and the loss of which will inevitably expose me to almost insuperable difficulties. I must not close this statement without mentioning the sum of £150 which the Bench very kindly advanced to me about two years ago, under very peculiar circumstances and which I hope will be repaid at my death by an insurance which I have in the Law Life Company. Nor do I forget the daily service and its emolument, but how far and how long I can calculate upon that, I do not know. And it is but due to myself, whilst I am upon this subject, to state that all my difficulties would have ceased long since, had I not been deprived more than 10 years ago of a living of £560 a year or more, given me under the Great Seal by Lord Brougharn. One word as to the present state of my family. Of my four sons, the eldest is in orders, and is married and has four little children, and but £100 a year as Librarian to the Middle Temple, and consequently, but for a little assistance from me, and another kind relative, he could not exist. My second son is a lieutenant in the Navy, and so far from being any charge upon me, he assists his family to the utmost of his power. My third son is in the Bank, and entirely supports himself though he lives with me. My youngest is at Oxford, necessarily designed for the Church, and will I have not doubts prove a good 588


1845 TRINITY TERM (Cont'd.) Order received from the Middle Temple read, viz.: "Middle Temple. At a Parliament held on 6th June 1845: The Bench Table Order of the Inner Temple, dated 25th April last, which was read at the Parliament held on 2" ultimo, and the consideration thereof postponed at the last Parliament, having been brought before this Parliament: it is ordered that this Society do concur therein." Business adjourned to Friday, 20th instant. BENCH TABLE Jun. 20

Present The Treasurer, the Solicitor General (Sir Frederick Thesiger), Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Richards, Mr. Armstrong, Mr. Lee, Mr. Butt and Mr. Wyatt. Mr. Rogers having moved "that the payments now made by this House to the Revd. Mr. Rowlatt as Reader and Librarian, be taken into consideration with the view of ascertaining whether any and if any, what addition should be made thereto", and the following letter from Mr. Rowlatt to F. N. Rogers, Esq., read, viz.: "Inner Temple Library, May 19th 1845 The appointment of a new Master of the Temple and my consequent loss of the house, which I have occupied for thirteen years, has (as you may suppose) added much to the difficulties of my situation, which were sufficiently great before. Believing that there are many Benchers, who are not perfectly acquainted with the circumstances and the length of my connection with the Temple, will you permit me to state them as briefly as possible to you, and to beg the favour of you to make them generally known in the hope that they will receive a patient and candid consideration from the Bench. More than this, I do not presume to request. I believe I entered the Society in the year 1794. I was called to the Bar in 1804 and ceased to be a member in 1814 when I took orders.5 In 1818 I was appointed Librarian and in 1820 Reader —so with the exception of four years, I have been connected with the Society 51 years. The Librarianship was offered to me at £100 a year. It was then almost a sinecure but it has long since lost that character. When I accepted the Office, I little expected that I should serve it at that rate for twenty years, particularly when the establishment was

Folios regarding this letter are inserted in an incorrect order in the Bench Table Order l3ook.

587


1845 TRINITY TERM (Cont'd.) so much increased and the duties of it also. But so it proved. For the last seven years, it has been raised to E150 —a sum I believe still much below what similar Librarians receive everywhere else, except perhaps at the Middle Temple. In 1820, I was appointed Reader. The salary was then £120 and chambers when the appointment was with the Middle Temple, and £20 in lieu of them, when it rested with the Inner. Sir Charles Wetherell thought it too low, and proposed to raise it to E200. In addition to these salaries, I had for many years the whole of the afternoon sermons, amounting to about E 1 13 a year, in lieu of which I receive at present from the Inner Temple E50 a year, but thc remainder from the Middle Temple is uncertain. Hitherto, I have had all their appointments, but they depend entirely upon the favour of every succeeding Treasurer, and may at any time be given to another. Thus I receive about E470 a year for my services as a clergyman, and my daily attendance and duties as Librarian. A considerable sum I admit, but totally unequal to the bringing up, as I have done, a family of nine children, now all men and women, whose ages range from about 42 to 21 years, and which I never could have done but for the liberal assistance of one or two relatives, a few very kind friends, and some fortunate accidents. Amongst these I reckon the acquisition of the Master's House, which has been a saving to me of full £100 a year for 13 years, besides the great convenience of its locality for my duties, and the loss of which will inevitably expose me to almost insuperable difficulties. I must not close this statement without mentioning the sum of E150 which the Bench very kindly advanced to me about two years ago, under very peculiar circumstances and which I hope will be repaid at my death by an insurance which I have in the Law Life Company. Nor do I forget the daily service and its emolument, but how far and how long I can calculate upon that, I do not know. And it is but due to myself, whilst I am upon this subject, to state that all my difficulties would have ceased long since, had I not been deprived more than 10 years ago of a living of E560 a year or more, given me under the Great Seal by Lord Brougham. One word as to the present state of my family. Of my four sons, the eldest is in orders, and is married and has four little children, and but £100 a year as Librarian to the Middle Temple, and consequently, but for a little assistance from me, and another kind relative, he could not exist. My second son is a lieutenant in the Navy, and so far from being any charge upon me, he assists his family to the utmost of his power. My third son is in the Bank, and entirely supports himself though he lives with me. My youngest is at Oxford, necessarily designed for the Church, and will I have not doubts prove a good 588


1845 TRINITY TERM (Cont'd.) and useful clergyman. He has an exhibition from St. Paul's School of ÂŁ50 a year but that inevitably requires considerable addition from me. My five daughters live with me, and of course entirely at my charge, as does also an only sister of mine who is a widow. I have now without any reserve laid my whole case before you. It is a very melancholy one, in a pecuniary point of view, but I have nothing to reproach myself with on that account. My misfortunes have arisen from causes which I could neither foresee nor prevent. The last and greatest, the loss of my preferment, was out of all ordinary calculation. In all other respects (with one sad exception last year), I thank God my life has been an eminently happy one. I have enjoyed very good health, and in my domestic relations, I have been as fortunate as any man can well be. And these are the great sources of human happiness. I am now in my 71st year, and therefore according to the course of nature cannot calculate upon a much longer continuance of existence. I must inevitably leave my family, particularly the female part of it, in a state which I cannot contemplate but with the deepest anxiety. But I shall at least have this consolation (a poor one I admit) that it will in no degree have been caused by any lot of mine, but will be altogether attributable to the cruelty and injustice of which, I and they have been the victims. Pray excuse the length of this letter, I would willingly have made it shorter could I have done so, with justice to its subject. Etc. (signed) W.H. Rowlatt"

Ordered that in lieu of the ÂŁ20 a year paid by this Society for chambers, an allowance of one hundred pounds a year be made to Mr. Rowlatt for a residence for himself and family, payable quarterly, and that the first payment of such allowance by made on the next Quarter Day, viz. 24' instant. Ordered that the tenants' fixtures at the Master's House be taken at a valuation. On the petition from the Rector of the parish of St. Dunstan-in-theWest and the Committee, for building a church in the Liberty of the Rolls, asking for assistance to enable them to discharge a debt of ÂŁ600, being the balance of the cost of building a church in Breams Buildings, Chancery Lane: ordered that they be informed their petition cannot be complied with. William Usher, Library Man having resigned his situation and petitioning for relief: ordered that his resignation be accepted, and

589


1845

TRINITY TERM (Cont'd.) that his petition be taken into consideration at the first meeting of thc Bench after the expiration of 14 days. Letter from Mr. Smirke, the Surveyor, from 24 Berkeley Square, dated 3 June 1845, read, as follows: "In compliance with the desire of the Bench that I should report the probable cost of taking up the whole of the present pavement from the western end of Crown Office Row to King's Bench Walk, and relaying it with broken stones and gravel, I beg to state that if done upon a thick substratum of concrete and in the most complete and substantial manner, and paving the channels with blocks of granite, the cost would be a little under 000. ÂŁ100 might be saved by executing the work in a less substantial manner, yet still perhaps well enough for a situation where the traffic is comparatively light. As there would be much delay occasioned as well as inconvenience to those residing in the neighbourhood, by breaking up the present blocks into fragments in sheds upon the spot, I have calculated on the stones being exchanged i.e. the old blocks carted away and the new fragments carted in at once." Ordered that the subject be adjourned sine-die. Business adjourned to Thursday next, 26th instant. BENCH TABLE Jun. 26

Present The Treasurer, Mr. Twiss, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton and Mr. Wyatt. Memoranda ordered to be entered on the Minutes of the House. Dr. Stephen Lushington, one of the Masters of the Bench of this Society, having nominated the Lord Bishop of London to preach the afternoon sermon at the Temple Church on Sunday 25th May, his Lordship did preach the afternoon sermon accordingly, after which the Treasurer presented to him the customary fee of two guineas for preaching the sermon, which his Lordship was pleased to accept. Mr. Frank Roper, a student, having kept twelve terms, to have permission to practise as a Special Pleader. Ordered that a gratuity of f.10 be given to each of the three vergers attending at the Temple Church for their additional trouble, and the proper manner in which they have discharged their duties, for the three years since the Church has been re-opened.

590


1845 TRINITY TERM (Cont'd.) Ordered that the Revd. Mr. Smith be paid as Preacher at the Temple Church from 1st November last to the appointment of the present Master, at the rate of 70 guineas per annum. Business adjourned to Tuesday, 8th July next. BENCH TABLE Jul. 8

Present The Treasurer, Sir Charles Wetherell, Mr. Spence, Mr. Starkie, Mr. Whateley, Mr. Roebuck, Mr. Butt, Mr. Wyatt, Dr. Lushington and Sir John Beckett. Letter from the Treasurer to Revd. Mr. Smith, dated 28th June, together with the reply, read: "The Master of the Temple being about to perform the duties of his Office out of term as well as in term, instead of committing the performance of them out of term to another, your connection with this Society has terminated. On such an occasion the Masters of the Bench of this Society feel that they should be wanting in the respect and esteem with which they regard you if they permitted it to pass without expressing the high sense they entertain of your learning and talents, of the satisfaction they derived from your connection with them, and the very sincere wishes which they will ever cherish for your health and welfare. I have great gratification in complying with the desire of the Masters of this Bench that I should convey to you these sentiments." Letter addressed to the Treasurer in reply, from the Revd. Theyre T. Smith of Notting Hill Square, dated 2ndJuly 1845 read, concerning his thanks for their friendly sentiments and appreciation of the Office assigned to him. Dr. Lushington giving notice of motion for the Bench Meeting on Wednesday 16th instant, "that as the connection of the Revd. Theyre Smith had terminated with this House, all the circumstances connected therewith be taken into consideration by the Masters of the Bench with the view of recommending Mr. Smith to the proper authorities for preferment". Ordered upon the petition of William Usher, late Library Man, who resigned his situation in consequence of the bad state of this health, that he have an allowance of fifteen shillings a week for one year. Ordered that the Treasurer be requested to confer with the Master of the Temple, on the part of this Society, as to shutting up the Temple Church for one month during the present vacation, for the purpose of the Church being properly cleaned.

591


1845 TRINITY TERM (Cont'd.) Ordered that this Society's Solicitor be directed to apply to the Chief Commissioner of the City Police, for the assistance of two Police Constables to keep order in the garden during the hours of 6 and 9 in the evening of the summer months, when the garden is open to the public. Business adjourned to Wednesday, 16th instant. BENCH TABLE Jul. 16

Present The Treasurer, Mr. Law, Mr. Starkie, Mr. Hildyard, Mr. Gurney, Mr. Wyatt, Dr. Lushington and Sir John Beckett. Dr. Lushington's motion of 8th July concerning the Revd. Theyre Smith considered: resolved that the Treasurer, Dr. Lushington and Sir John Beckett do wait upon the Lord Chancellor and state to him the services of Mr. Smith as Morning Preacher to this Society, the circumstances under which the Office of Morning Preacher has ceased, and request his Lordship to take the case into his consideration with a view to obtaining for Mr. Smith some preferment. Letters from Henry C. Chilton, Esq., the Society's Solicitor, addressed from 7 Chancery Lane, dated 10thJuly, to D. W. Harvey, Esq., Chief Commissioner of the City Police, together with the reply from Thomas Wood, his Secretary, from 26 Old Jewry, dated 12t1July, read: "I am instructed by the Masters of the Bench of the Inner Temple to apply to you for the assistance of two Police Constables to keep order in their garden during the hours of 6 and 9 in the evening of the summer months when it is open to the public. They wish the Constables to be put on duty on Sunday next, one to patrol the garden and the other outside the garden iron railing to be ready in case of disorder. The garden is often thronged particularly on Sunday evening and many of the visitors are not of the most respectable order." Reply read as follows: "In reply to your letter of 10thinstant, I am directed by the Commissioner to inform you that he has given orders to the proper Officer to comply with your request.Notice to be given that it will be proposed at the first meeting of the Bench after 14 days, that this Society do subscribe the sum of fifty pounds towards erecting the proposed monument or statue to the memory of the late Sir William Follett.

592


1845 TRINITY TERM (Cont'd.) Mr. Wyatt giving notice of motion for the second Tuesday in the next term, "that the number of Masters of which this Bench shall hereafter consist, be limited to any number not exceeding 30". Business adjourned to Wednesday next, 231rdinstant. BENCH TABLE Jul. 23

Present The Treasurer, the Attorney General(' (Sir Frederick Thesiger), Mr. Spence, Mr. Starkie, Mr. Hildyard, Mr. Lee, Mr. Gurney, Mr. Wyatt and Sir John Beckett. Ordered that the Treasurer be requested to communicate the Resolution of the Bench of the 16th instant to the Revd. Theyre Smith, late Morning Preacher to this Society. Business adjourned to Tuesday next, 29th instant. BENCH TABLE

Jul. 29

Present The Treasurer, Mr. Law, Mr. Twiss, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Wyatt and Sir John Beckett. Ordered that a subscription of fifty guineas be given out of the funds of this Society towards erecting the proposed monument or statue to the memory of the late Sir William Follett. The following letter from the Treasurer to the Revd. Theyre Smith, dated 24th July 1845, read: "It is very gratifying to me that I am charged with the office of making this communication to you for believe me I should do great injustice to my own feelings and it would be quite at variance with the sentiments which my intercourse with you made me entertain for you if I did not, not only most cordially participate in every demonstration of respect and regard for you which emanates from our Bench but derive great gratification from witnessing and imparting it to you. It was the unanimous feeling of our Bench that we should make an application from the Body to the Lord Chancellor and bring before him your valuable services to us and the cause of their termination, with the view of soliciting him to bestow ecclesiastical preferment on you. A Committee consisting of myself as Treasurer, Dr. Lushington and Sir John Beckett was appointed to wait, and we did wait on the Chancellor and you had in the persons named those who were your warm friends and admirers and each laid before the Chancellor your

6

Sir Frederick Thesiger became Attorney General on 29 June 1845.

593


1845

TRINITY TERM (Cont'd.) great merits and services and thc warm wish and hope of the Bench that his Lordship would bestow some preferment on you. His Lordship received our application most graciously and most favourably and expressed his desire to attend to the recommendation of the Bench. I do not like to express myself too sanguinely but I hope and trust our application will be successful. If you are coming to London I should like much to see you for five minutes on a point which arose in the course of our conversation with the Chancellor as to the value of the living it might be most within the probability of his having it in his power to give."


1845 MICHAELMAS TERM

BENCH TABLE Nov. 4

Present The Treasurer, Sir Charles Wetherell, Mr. Spence, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Wortley, Mr. Lee, Mr. Gurney, Mr. Butt, Dr. Lushington and Mr. Hallam. Orders of the last term were read. Messrs. Charles Joseph Thrupp, Frederick Kingston, Frederick Jenkins Abbott, students, having kept twelve terms, to have permission to practise as Special Pleaders for one year. Mr. John Alldin Moore and Mr. John Thompson, students, to have permission to practise as Special Pleaders extended for one year. Mr. Thomas Frederick Simmons, and Mr. Thomas Hardwicke Cowie, students, having paid all dues, to have their name withdrawn and deposit returned, and their bond delivered up. Messrs. Alexander Grant, Frederick William White, William Lindsay PaImes and Richard Richardson, students, having paid all dues, to have their name withdrawn and their bond delivered up. Letter from William Corrie, Esq., a barrister of this Society, dated 19 September 1845, read, as follows: --th

"I shall be obliged if you will request the Masters of the Bench of the Inner Temple to remove the name of Mr. Gawan Taylor from the list of members of that Inn. Mr. Taylor was found a lunatic by a jury under a Commission opened in the year 1838. There is not now any hope that he will ever recover. I trouble you with this letter at the request of the Commissioner before whom Mr. Taylor's accounts now are. The Commissioner declines allowing any further payments for duties to the Temple, but I shall be happy to pay any sums due up to the present time. (signed) William Corrie, Committee ot' the Estate of the said Gawan Taylor"

595


1845

MICHAELMAS TERM (Cont'd.) Ordered that Mr. Corrie's application to have the name of Mr. Gawan Taylor withdrawn from the Books of this Society cannot be complied with.7 The thanks of the Society to be conveyed by the Treasurer to Sir Edward Hyde East, one of the Masters of the Bench, for his present to the Library of a copy of his work, entitled, "A Full Explanation of the Mysterious Book of Job". The thanks of the Society to be conveyed by the Sub-Treasurer to Charles G. Addison, Esq., a barrister, for his present to the Library of a copy of his work, entitled, "A Treatise on the Law of Contracts and Parties to Actions ex-contactu". Letter from the Revd. Thomas Robinson, Master of the Temple, dated November 1st, 1845, read: "May I beg that you will do me the favour of communicating to the Masters of the Bench of the Inner Temple my intention of resuming the daily morning service in the Church at the expiration of the long vacation, commencing on Monday morning next at 9 o'clock, and my request that they will have the goodness to allow the usual attendance of the Church servants on those occasions.Ordered that the usual servants be desired to attend at the Church as requested by the Master. Ordered that the Treasurer, Mr. Whateley and Mr. Wortley be requested to examine the tradesmen's bills for the Bench Commons for this Term. Grand Day this term to be Thursday, 20th November instant. The Sub-Treasurer reporting that Sir William Webb Follett, late Her Majesty's Attorney General, and one of the Masters of the Bench, died on 28th June last, and that by his death a set of Bench chambers situate at No. 2 Tanfield Court, had become vacant: ordered that they be disposed of at the Parliament to be held on Friday, 21't instant, and that the Masters of the Bench have notice thereof. A special medical Report received from Dr. A.J. Sutherland of 1 Parliament Street and dated November 4th 1845, regarding the state of mind of Julian Busby, Esq., a barrister of this Society, read: ordered that it be entered on the Minutes of the House, and that the allowance made by the BTO 17 November 1843 be continued. 7

Memorandum written in margin, " Mr. Taylor not to be written to for Bar dues until further Order of the Bench".

596


1845 MICHAELMAS TERM (Cont'd.) "I the undersigned hereby certify that Mr. Julian Busby still continues to labour under that degree of unsoundness of mind which renders him incapable of managing himself and his affairs. Inasmuch, however, as Mr. Busby's case has been made an object of special enquiry by the Metropolitan Commissioners of Lunacy, it is right for me to state more particularly that Mr. Busby labours under various delusions, viz.: that he is God, that he created the World, and wrote the Bible, he says that he never sleeps, that he does not want sleep, as he is the everliving that he made all men and can annihilate them at once with his breath, that his hair is the Golden Fleece, and that if any one touches his foot he will instantly become radiant, that he is Henry VIII, Queen Elizabeth, Queen Anne, all the Graces, all the Muses, and Venus. Mr. Busby's bodily health continues good but considering the length of time that the disease has lasted, and the species of delusions under which Mr. Busby labours, there can be little doubt that there is organic disease of the nervous centres and it is greatly to be feared that the case will terminate in general paralysis. It may be satisfactory for one to add that Mr. Busby was visited on the 28thultimo by Lord Ashley and Dr. Turner, two of the Metropolitan Commissioners, whose Report of his case is as follows: "Our attention having been particularly called to Mr. Busby, we noticed him for some time in passing through his apartment, he was much excited and talked incoherent nonsense, in a very loud voice and energetic manner." I need not add that the Board of the Metropolitan Commissioners after such Report has not deemed it expedient to discharge Mr. Busby as being a person of sound mind." BENCH TABLE Nov. 7

Present The Treasurer, Sir George Rose, Mr. Spence, Mr. Starkie, Mr. Evans, Mr. Armstrong, Mr. Richards, Mr. Whateley, Mr. Wortley, Mr. Lee, Mr. Gurney, Mr. Butt, Mr. Wyatt and Sir John Beckett. Mr. Thomas Greensil1,8Mr. George Deffell and Mr. Thomas Henry Baylis, students, to have permission to practise as Special Pleaders extended for one year. Mr. Frederick Walford, a student of Lincoln's Inn, to be admitted to the Society on his certificate from Lincoln's Inn.

8

Possibly also known as Francis Greensill.

597


1845 MICHAELMAS TERM (Cont'd.) The Sub-Treasurer reporting that Lancelot Baugh Allen, Esq., a barrister of this Society and one of the Bar Auditors, died on 28th October last, and that by his death a set of Chambers situate area north No. 11 Paper Buildings had devolved to the House: ordered that the Treasurer and Mr. Wyatt to view and report the annual value thereof Ordered that a Bar Auditor be chosen at thc Parliament to be held on Friday 21st instant, in the room of Lancelot Baugh Allen, Esq., deceased. Ordered that the Revd. Mr. Rowlatt be paid thirty pounds on account of his salary due Christmas Day next. Referring to BTO 10thJune last, it is resolved that the Revd. Mr. Rowlatt be paid the sum of fifteen pounds for performing the daily morning service at the Temple Church for six weeks since the period paid for under the above Order. BENCH TABLE Nov. 11

Present The Treasurer, the Attorney General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Armstrong, Mr. Richards, Mr. Dundas, Mr. Whateley, Mr. Baines, Mr. Butt and Dr. Lushington. Mr. Edward Sykes, a student, to have permission to practise as a Special Pleader for one year. Mr. George Henry Drew, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. PARLIAMENT

Nov. 14

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Dundas, Mr. Whateley, Mr. Wortley, Mr. Hildyard, Mr. Lee, Mr. Gurney, Mr. Wyatt, Mr. Dowdeswell and Dr. Lushington. Pensions for last half-year assessed single. Officers of the House —allowances of 7/6 per man weekly as board wages during the last Easter and Trinity vacations. BENCH TABLE

Nov. 14

Present The Treasurer, Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Dundas, Mr. Whateley, Mr. Wortley, 598


1845 MICHAELMAS

TERM (Cont'd.)

Mr. Hildyard, Mr. Lee, Mr. Gurney, Mr. Wyatt, Mr. Dowdeswell and Dr. Lushington. Mr. Thomas Greenwell, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Mr. Charles E. Pollock, Mr. Edward George Griffith, Mr. John T. Norman9 and Mr. Henry P. Hinde, students, to have permission to practise as Special Pleaders extended for one year. Mr. Wyatt, having withdrawn his motion of 16th July last, giving notice of motion for the first business day after the present term, viz. 28 th November instant, "that the Bench do take into consideration the expediency of limiting the number of Masters of whom the Bench should hereafter consist". BENCH TABLE Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Spence, Mr. Starkie, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Dundas, Mr. Whateley, Mr. Lee, Mr. Gurney and Mr. Wyatt.

Nov. 18

Mr. William Henry Butterworth, a student, to have permission to practise as a Special Pleader extended for one year. The thanks of the Society to be conveyed by the Treasurer to William Lee, Esq., a barrister, for his present to the Society of a print of Lord Chancellor Eldon. The Masters of the Bench considering further the proposed scheme for the Thames Embankment and Railway Junction: resolved that it is the duty of this Bench to watch any proceedings which may be taken for establishing and carrying into effect such scheme, and that the Society's Solicitor be directed to acquaint Her Majesty's Commissioners of Woods and Forests, and also the Solicitor to the proposed Company, that this Society is opposed to such scheme. Resolved that a copy of this Resolution be sent to the Middle Temple and that a conference be requested with the Masters of the Bench of that Society upon the subject. PARLIAMENT Nov. 21

9

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Armstrong, Mr. Whateley, Mr. Wortley, Mr. Lee, Mr. Gurney, Mr. Butt and Sir John Beckett.

Should rcad Mr. John Paxton Norman.

599


1845 MICHAELMAS TERM (Cont'd.) Messrs. Charles Winston, Edward Henry John Craufurd, James Gordon Allan, John Wood Haslehurst, Edward James Hawker, Camille Felix Desire Caillard, John Arthur, William James Garnett, the Hon. Edward Frederick Leveson Gower, Thomas James Clark, Rowley Young Lloyd, Hugh Parnell junior, Frederick Walford, called to the Bar. Ordered that the following gentlemen be a Committee for the consideration and regulation of all matters relating jointly to this Society and the Middle Temple: The Treasurer for the time being, Sir Charles Wetherell, John Wyatt, Esq., Sir George Rose, the Rt. Hon. Lord Langdale, the Hon. Charles Ewan Law, William Burge, Esq., George Spence, Esq., John Edmund Dowdeswell, Esq. and the Rt. Hon. Stephen Lushington. Disadmittance from, and admissions to, Bench chambers with fines of 40s:Robert Baines Armstrong, Esq., from Bench chamber three pair of stairs south No. 7 King's Bench Walk, to Bench chamber late of Sir William Webb Follett, two pair of stairs south No. 2 Tanfield Court. Sir John Beckett, from Bench chamber one pair of stairs in the Hall staircase, to Bench chamber late of Robert Baines Armstrong, Esq., three pair of stairs south No. 7 King's Bench Walk. James Stuart Wortley, Esq., to Bench chamber late of Sir John Beckett, one pair of stairs in the Hall staircase. Ordered that John Leycester Adolphus, Esq., a barrister of this Society, to be an Auditor of the Sub-Treasurer's Account in the room of Lancelot Baugh Allen, Esq., deceased. Thomas Starkie, Esq., to be Master of the Library and Reader of this Society for the next Lent vacation. George Spence, Esq., to be Treasurer of this Society for the ensuing year. BENCH TABLE Nov. 21

Present The Treasurer, Sir Charles Wetherell, Mr. Twiss, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Armstrong, Mr. Whateley, Mr. Wortley, Mr. Lee, Mr. Gurney, Mr. Butt and Sir John Beckett. Mr. George Bucknell, a student, having paid all dues, to have his name withdrawn and his bond delivered up. 600


1845

MICHAELMAS

TERM (Cont'd.)

Application from Mr. Julius Talbot Airey, a student, of No. 9 King's Bench Walk, dated 21' November, regarding the possibility of his losing a term due to his being unavoidably detained abroad until this day owing to the death of 'a very near relation'. He requests to be allowed to keep this Term by dining in Hall today, tomorrow and two days next week. Ordered that under the circumstances stated by Mr. Airey, his application be acceded to. The thanks of the Society to be conveyed by the Treasurer to Professor Greenleaf of Harvard University, United States, for his present to the Library of a copy of his pamphlet, entitled "A Discourse Commemorative of the Life and Character of the Hon. Joseph Story, L.L.D. an Associate Justice of the Supreme Court of the United States". BENCH TABLE Nov. 25

Present The Treasurer, the Attorney General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Spence, Mr. Starkie, Mr. Rogers, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Baines, Mr. Lee, Mr. Butt, Mr. Wyatt, Dr. Lushington and Sir John Beckett. Mr. William C. Beasley and Mr. Robert Remmett, students, to have permission to practise as Special Pleaders extended for one year. The thanks of the Society to be conveyed by the Sub-Treasurer to Charles Stewart Drewry, for his present to the Library of a copy of his work, entitled "A Treatise on the Law and Practice of Injunctions". Business adjourned to Friday, 28t1iNovember instant. BENCH TABLE

Nov. 18

Present The Treasurer, the Attorney General (Sir Frederick Thesiger), Sir Charles Wetherell, Sir George Rose, Mr. Twiss, Mr. Law, Mr. Spence, Mr. Starkie, Mr. Evans, Mr. Armstrong, Mr. Dundas, Mr. Baines, Mr. Hildyard, Mr. Gurney, Mr. Butt, Mr. Wyatt, Mr. Dowdeswell, Dr. Lushington and Sir John Beckett. Mr. Wyatt's motion of 14th instant, upon the subject of limiting number of the Masters of the Bench, withdrawn.

the

Mr. Julius Talbot Airey, a student, having kept twelve terms, to have permission to practise as a Special Pleader for one year. Mr. Martin Joseph Routh, a student, having applied to be allowed the last term as kept, he having dined in the Hall two days in one full

601


1845

MICHAELMAS TERM (Cont'd.) week, and by error two days in the last half week instead of two days in a second full week: ordered that his request be complied with. Communication received from the Middle Temple, read: "At Parliament held 2 1st November 1845 Notice of motion having been given by Master Bethel!: "That for promoting the legal education of the students of this House it is expedient that a lecturer be appointed for the purpose of reading on jurisprudence and on the institutes of the Civil Law and that two or more exhibitions be founded for the benefit of such students as shall on examination previous to their Call to the Bar show the greatest proficiency in the subjects of such lectures and that such lectures be open to the attendance of students of the other Inns of Court. That from and after the first day of Easter Term 1846 no student of this House be called to the Bar who shall not have attended one of such terminal courses of lectures. That the Societies of the other Inns be requested to concur with this Society in the establishment of similar lectureships in their branches of law and that the students of the several Houses be admitted under proper regulations to the several lectures. That it be referred to a Committee to approve of proper regulations for carrying the above objects into effect." But Master Bethell suggested that the following amendment should be made, viz.: "That it is expedient that steps be taken for promoting the legal education of the students of this House and that it be referred to a Committee to ascertain and report to the Bench the best mode of carrying the objects mentioned in the above notice of motion into effect." Which amendment having been moved by Master Jervis and seconded by Master Leake, is carried unanimously. Ordered that a copy of this Resolution be sent to the other Inns of Court. [signed] Edward Eldred, Sub-Treasurer "


1845 MICHAELMAS TERM (Cont'd.) The Resolution of the Bench of 18thinstant upon the subject of the Thames Embankment and Railway Junction having been read at this meeting, the same is unanimously confirmed: ordered that that Resolution be immediately acted upon. Business adjourned to Friday, 5thDecember instant. BENCH TABLE Dec. 5

Present The Treasurer, the Attorney General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Twiss, Mr. Law, Mr. Spence, Mr. Chilton, Mr. Evans, Mr. Armstrong, Mr. Hildyard, Mr. Lee, Mr. Butt, Dr. Lushington and Sir John Beckett. James Spedding, Esq., having applied through Frederick Pollock, Esq., a barrister of this Society, for permission to have access to the manuscripts in the Library and to take copies therefrom with the view to possible publication: ordered that he be permitted to take copies but before any such copies or extracts are published, Mr. Spedding do acquaint this Bench with those proposed to be published in order that the Masters of the Bench may then determine whether that part of Mr. Spedding's application should be complied with. W. D. Christie, Esq., a barrister of this Society, having applied for permission to copy a manuscript in the Library consisting of letters from Henry Coventry, Secretary of State in the reign of Charles II and others to the Earl of Essex, Lord Lieutenant of Ireland: ordered that his request be complied with. Resolution received from the Principal of Clifford's Inn, upon the subject of electing a Reader for that Society, read: "Parliament Chamber, Clifford's Inn, 1st December 1845 At a meeting of the Principal and Rules of the Society of Clifford's Inn, the Principal read a letter dated 10ffiNovember last, addressed to him from the Treasurer of the Inner Temple, requesting the said Society to select one from the names furnished them as a Reader. The following Resolution was come to: Resolved that if the Inner Temple can show any warrant or authority for requiring this Society to proceed to such election, they will readily obey it. Nevertheless, this Society respectfully submit that even if any such warrant or authority can be produced, the change of circumstances has rendered it useless and obsolete. Also, a copy of this Resolution is to be transmitted to the Treasurer of the Inner Temple." Ordered that the consideration thereof be adjourned to the next term. 603


1845

MICHAELMAS TERM (Cont'd.) Business adjourned to Friday, 12th December instant. BENCH TABLE Dec. 12

Present The Treasurer, the Attorney General (Sir Frederick Thesiger), Mr. Twiss, Mr. Law, Mr. Spence, Mr. Starkie, Mr. Evans, Mr. I3aines, Mr. Roebuck, Mr. Lee, Mr. Butt and Mr. Wyatt. Resolution received from the Middle Temple, read: "At Parliament held 8th December 1845 In reference to the proposed Thames Embankment and Railway Junction: The Bench Table Resolutions of the Inner Temple, dated 18thand 28th November last upon the subject of the Thames Embankment and Railway Junction, having been read: resolved that this Committee do entirely concur therein, and that this Resolution be communicated to the Masters of the Bench of the Inner Temple.Mary Daily, widow of the late Dustman, having petitioned for relief: ordered that she have an allowance of seven shillings a week during pleasure. Business adjourned to Friday, 19th December instant. BENCH TABLE

Dec. 19

Present The Treasurer, the Attorney General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Twiss, Mr. Spence, Mr. Whateley, Mr. Hildyard, Mr. Lee, Mr. Gurney and Mr. Butt. Application from Henry S. Keating, Esq., a barrister of this Society, from 1 Paper Buildings, and dated 19th December 1845, to the Masters of the Bench of Inner Temple, read as follows: "John William Smith, lately deceased, a barrister of the Inner Temple, has expressed in his will a desire that his remains should be interred in the burying ground of the Temple. In accordance with what I understand from the Under-Treasurer to be the practice in such cases. I take the liberty to solicit your kind permission that the wish thus expressed should be gratified." Ordered that Mr. Keating be informed that the Masters of the Bench regret that by a previous Order of the two Societies prohibiting any interments in the churchyard, his application cannot be complied with.

604


1845 MICHAELMAS

TERM (Cont'd.)

Business adjourned to Tuesday, 23rd December instant. BENCH TABLE Dec. 23

Present The Attorney General (Sir Frederick Thesiger), Sir Charles Wetherell, Mr. Twiss, Mr. Spence, Mr. Law, Mr. Whateley, Mr. Hildyard and Mr. Butt. Henry S. Keating, Esq., having applied for permission to erect a small marble tablet to the memory of the late John William Smith, Esq., a barrister of this Society, in the Temple Church: ordered that he have permission to do so in the place appropriated to the reception of monuments in the Church. Ordered that John Arthur Roebuck, Esq., be added to the Library Committee. Letter from William Burge, Esq., the Treasurer, to Professor Greenleaf of Harvard University, Boston, United States, dated 10th December 1845, ordered to be entered on the Minutes, viz.: "As the Treasurer of the Inner Temple 1 have to return you the best thanks of the Masters of the Bench of this Society for having sent them your most eloquent and most appropriate discourse upon the life and character of the late Mr. Justice Story. To the acknowledgments which they offer you for this kind and courteous attention, 1 have to add the expression of the great gratification they desire from possessing such a memorial of that eminent jurist and of their cordial participation in those sentiments of respect and admiration with which he must ever be regarded for the important obligations hc has conferred on the jurisprudence of every state in Europe as well as on that of his own country. His writings as soon as they have been published and their successive editions have formed a part of the Library of the Inner Temple. The Masters of the Bench considered that they could not furnish either to the student, or to the advocate, thc aid of more instructive, useful and safe guides in acquiring the knowledge of some of the most important branches of commercial law, and more especially in the investigation and correct application of those great principles of international law, which have been, with such singular fidicity and such uniform correctness, expounded and illustrated in his Commentaries on the Conflict of Laws. The Masters of the Bench of this Society join with his Own countrymen in deploring the loss which the general cause of jurisprudence has sustained by the death of One who had not only the disposition, but was eminently gifted with the power to promote its best interests. With these sentiments, which as the organ of this Society, I address to you, I would unite those which my own personal feelings 605


1845 MICHAELMAS TERM (Cont'd.) dictate, if I could give them utterance. My pursuit of some of those branches of jurisprudence which were the subject of Mr. Justice Story's writings made me thc more sensible of the value of his writings on international jurisprudence and I have always felt myself unable to find terms which could render adequate justice to their unrivalled merits. Mr. Justice Story honoured me with his correspondence. I need not say to you that it was not possible to enjoy that correspondence without acquiring thc highest personal esteem and regard for that excellent man. I can truly say that although never having had the happiness of personal intercourse with him, yet when I heard of his lamented death, I felt and mourned that I had lost a beloved and respected friend."


:07, 1

Cta

Aie

P L AT F 4 View from above of one of the 13th century effigies of a Knight Templar restored by Edward Richardson, photograph by Bedford Lemere, of c.1885


Index

Key to abbreviations used Society

to the I lonourahle

adm. (admitted

of Inner Temple)

app. (appointed) returned)

bond (bond BTO

Order)

Table

(Bench

call (called

to thc Bar)

call Bench

(called

to the Bench) returned)

(deposit

deposit

Inn)

GI (The I lonourable

Society

of Gray's

LI (The I lonourable

Society

of Lincoln's

MT (The I lonourable

of Middle

Society

Inn) Temple)

n (footnote) Sp. Pleader (2) (two

(Special

Abbott,

Pleader

permissions

and extensions)

on that page)

mentions

Fredcrick

179-180

Abinger, Lord, sale of bank stock, 107, 118, 144, 206; letter to, 149 264; Order for investigation, Accountants, Anderson, Robert 275; accountants, mason's 299-306,

report,

payment,

316-317;

Alderson: Sir Edward

347, 410

Acland, Tomas Dyke, Library access, 29 Acton, Edward Birt, call, 7; Lyon's Inn, 567 Adams, Mr. (Church Clerk), salary, 386 Addison, Charles Greenstreet, thanks to, 65, 320, 596; chambers,

95, 101; Sp. Pleader,

118, 180,

298; call, 367 Henry John, chambers,

Adeane,

117

admissions: with other Inns, 17; meeting 31, resolution received, 34-35; resolution agreed, 36; after call, 59, 83; Mr. Burge's motion, 60, Oxford, London, Dublin 79; from Cambridge, 81, 233, 463; ad and Durham Universities,

Committee

cundcm deposits, Finance

83 (2); ofJews, Accountant's Committee

265; fines and Report,

300-302;

344; Order from 540-541; report from

Report,

MT, 482; LI resolutions, LI, 546, 559; uniform rules, 558, 559 (2); 574; Mr. Spence's motion, 576; examinations, see also Calls to the Bar Adolphus, John Leycester, application of Mr. Ellis, 292; app. Auditor, 600

on behalf

advertising, 501-502, 503-504 Agissiz, Revd. Robert, access to the gardens, Airey, Julius Talbot, keeping terms, 601 (2) Akers,

Prince, address to, 171, 173; response,

Albert,

Sp. Pleader, 595

Jenkins,

Hall, Baron of the Exchequer, chambers, 88, 96, 462, 465, 521-522; regarding Mr. H.H. Pyke, 586 Edward Pakenham, adm. to chambers, 465 George, bond, 3 W. J., leasing rooms in the Office, 25, 333 Alienation

Aldham,

Alexander,

and Garden, considering purchase of, 24-26, 31-34, 65-66, 69, 73, valuation, 228; 122--123, 126, 127; surveyor's clearing out, 231, 333; cost of, 250 (2), 253, Office

Alienation

254; securities, Allan, Allen:

273; purchase

chambers

353-354;

James Gordon,

of, 332 -333,

365, 366 Sp. Pleader, 466; call, 600

valuation,

George Charles, call, 54 Launcelot Baugh, Bar Auditor, 368; chambers at death, 598; his replacement, 600 Seymour Thomas,

P., bond, 92 adm. from LI, 267, 271

Anderson: Alexander

Williams,

Robert, (Accountant) 316- -317; payment,

deposit, report,

182 299-306,

347

Andrews: Biggs, 171

(Master

Church Thomas, Annesley,

James R., bond, 536 607

of the Bench of MT), Temple 266, 444; committee, 482

repairs,

chambers, 95, 101 R. M., relief, 223


INDEX

Anstruther,

Robert, keeping terms, 100; call,

Baker

117 Arabin, Richard, call, 113 Architect of the Society, 545, 547 see also

Smirkc, Sir Robert see Burton, Decimus; Savage, James; Smirke, Sir Robert; Smirke, Sidney Arden, Mr., friend of E. Twynam, 27 architects

Armitage:

Arthur, call, 17 Joseph, (Butler), promoted, 49; salary, 526 Armstrong, Robert Baynes, (Master of thc Bench), attendances, 136-606; Queen's Counsel, 154 (2); call Bench, 155 (2); committees, 299, 510, 522; rates, 360; Bench chambers, 362, 523, 600; reports signed, 364, 536 Arnold, Thomas James, Library access, 29 Arthur, John, application for adm., 172; call, 600 Ashburton, Lord, gift to Library, 31 Ashley:

Anthony John, call, 17 Lord, regarding Julian Busby, 597 Ashworth, Percy Macauley, call, 465 Association for the Relief of the Poor of the City of London and Parts Adjacent, 486, 488 Atherton, William, Sp. Pleader, 28, 54, 101; call,

129 Atkin, John Horton, call, 17 Atkinson, George, Sp. Pleader, 3, 38, 63, 107;

call, 166; rent, 522, 536 General see Pollock, Sir Frederick; Follett, Sir William Webb; Thesiger, Sir Frederick

Attorney

Attorney/Attorneys'

Clerks,

118-119,

continued Sir Robert, (Master of the Bench), attcndances, 1-102; minutes signed, 9, 13, 22, 91; committees, 19, 28, 54, 96, 129; viewing chambers, 41, 95 (2), 101; resignation as Bench Auditor, 43; chambers at dcath, 182, 207 Mr. Samuel, (Builder), 293 William Nathaniel Massey, namc change, 230 Baldwin, Edward, Library access, 203 Balguy, John, (Treasurer of MT 1841), 267 Ballantine, Mr., transferring briefs in the Central Criminal Court, 572 Ballen, Edmund, call, 367 Bamford, Charles Francis, letter, 354, 399; adm. and chambers, 432, 433 bank, credit, 231, 232; advance, 252, 253; loan, 273, 366, 410; finance statement (1843), 448-450 bank stock, purchase of, 3; sale of, 101, 107, 118, 144, 206 bankers see Goslings and Shame, Messrs. Bankes, George, chambers, 85-86, 90, 114 Bannister, Thomas, call, 367 Bar Auditors, 59, 67-68, 155, 163, 368, 598, 600 Barber, Mr., mentioned in a letter, 502 Barker, John Sale, call, 47 Barnewall, Richard Vaughan, letter, 59; dcath, 368 Barney, Stephen, call, 273 Barrett:

Barnabus, (Carver in stonc), cost of Temple Church repairs, 236-239, 252, 310 George Goodin Moulton, call, 129 Henry, bond, 265 Barristers' dues, Accountant's Report, 302, 306 Barry, Charles, (Architect), 260 Barstow, Thomas Irwin, call, 582 Barter, William G.J., adm. from GI, 92 Barton, Charles, bond, 111

12 I,

168 -171, 203 (2), 204, 335, 391, 405, 473, 482 Auriol. Revd. Edward, letter, 485 Austen, Henry Edgar, call, 27 Austin:

Charles, (Master of the Bench of MT), committees, 394, 482 George, rent arrears, 68; chambers, 460

Bayley:

Charles John, call, 481 John, petition, 513, 519; letter, 521; regarding Mr. H.H. Pyke, 561

Edward L., chambers, 87, 90; name change, 180; call, 223 Bain, Alexander, call, 522 Bainbridge, William, call, 100 Badeley,

Baylis:

Mr. (Smith), 252 Thomas Henry, Sp. Pleader, 182, 298, 391, 459, 512, 597 Bazelgette, Sidney, bond, 155

Baines:

Joseph, (Chief Butler), promoted, 49; salary, 526 Matthew Talbot, (Master of the Bench), attendances, 212 606; Queen's Counsel, 298; call Bench, 299, 307; committee, 547; Bench chambers, 553; viewing chambers, 565, 579

Bearcroft:

Edward, father of Miss Bearcroft, 19, 119 Miss, money to be paid to release from prison, 19; money to be paid for publishing, 119 Beasley, William Cole, Sp. Pleader, 182, 306, 381, 470, 524, 601 Beauclerk, John, deposit and bond, 104 Beavan, Charles, Library access granted, 45

Baker:

Charles J., letter requesting an enquiry into the fire at Paper Buildings, 69 70 608


INDEX

Beckett, Sir John, (Master of the Bench), attendances, 164 -606; call Bench, 158, 159, 160, 164; app. of architect, 266, 267, 268 (2), 269, 270; committees, 444, 478, 495, 5 16, 558, 574; Bench chambers, 495, 600; regarding Revd. T. Smith, 592, 593 Bedwin: Jacob, (Watchman), deceased, 369 Joan/Jane, gratuity 267; petition for relief, 369 Bell: George William, deposit and bond, 563 Sydney Smith, call, 113 Bellis, Richard, call, 367 Belt, Robert, bond, 102 Bench Auditors, app., 43; Accountant's Report, 342-347 Bench chambers, disadm. and adm. to Bench chambers, 44, 63, 113- 114, 117-118, 207 208, 223-225, 317-318, 338, 406, 494- 495, 523, 553, 600; right of Benchers to vote in election of, 338, 340 Bench dinners, cost of 146, 294, 298, 307-308, 331, 349-352 Bennett, James, choir, 477, 479, 491 Benson: Revd. Christopher, (Master of thc Temple), Ecclesiastical Commissioners Act, 27; insuring house of, 75; dining at the Bench Table, 83; Pluralities Bill, 88; publication of sermons, 116, 116n, 168, 168n; Church repairs, 161-162; services during repair, 196-197, 205; the planned cloister, 225 228, 229-230, 442; services of preacher, 349; Church seating, 374,378; female professional singers, 382; choir, 383, 386, 414, 416-417; letters, 400-403, 427, 431, 418, 537-540; patent, 415, 417; monuments, 438; pulpit cushion, 477; services during lent, 486, 487; divine service, 404, 547, 552; thanks to, 558; resignation, 563, 564-565; successor, 569-570, 577, 578; payments to Mr. Rowlatt, 574-575, 584, 586 Florance John, adm. from LI, 162, 166 Beresford, John BarrĂŠ, bond, 117 Berry, James William Middleton, call, 75 Best, William M., Library access, 231, 466 Bethell, Richard, (Master of the Bench of MT), Temple Church repairs, 159, 436-437; motion 602 Bexley, Lord, (Master of the Bench of LI), attendances, 138 Bickersteth, Henry, 1, 2n see Langdale, Lord Bigge, Arthur, call, 503 Bingley, William Richard, call, 106 Birch: Mr. (Clerk of the Works), Temple Church repairs, 277, 278, 290 Thomas, (Watchman, Pannierman), half-pay, 93n; app. 94; salary, 528

Birks: Ilenry, (Cook's Assistant), promoted, 579 James, (Second Cook), app., 48; salary, 532; promoted, 578 Bishop: Heraclius, monument, 195 Mr., (Organ Builder), 161, 253 Bishop's Court Dispensary, 489 Bittleston, Adam, call, 317 Blackburn, C:olin, adm. from LI, 94, 100 Le Blanc, Thomas, regarding Mary Hughes, 52 Bland, George Davison, call, 552 Blandford, Jasper, (Under-Cook), petitioning for an allowance, 23 24; pension agreed, 28; resigned, 48; pension increased, 145 Blore, Mr., (Architect), Temple Church organ, 185 (3), 201 Boden, George, call, 247 Bolland, William Procter, adm. from MT, 361, 362 Bompas(s), C'harles Carpenter, chambers at death, 489, 504 Bone, Sarah, salary, 525 Borton, Edward, call, 106 Bosanquet: Henry, chambers, 405 (2) William Henry, call, 17 Sir John Bernard, thanks to, 20 Boteler, William F., (Master of the Bench of LI), attendances, 540, 541 Bourdillon, Charles Martin Webb, call, 82 Bourke, Richard, call, 117 Bousfield, William Cheek, disbarred from LI, 138-141, 498 Bouverie, Edward Pleydell, call, 405 Bowman, Mr., petition, 100 Bowstead, Joseph, call, 106 Braddick, John, conduct of Mr. J. Watson, 548, 554, 555 Bradley, Robert Greene, (Treasurer of GI), letters, 148-149 Braithwaite, Thomas, complaint, 35 Bramwell: George William Wilshcre, adm. from LI, 23, 80; chambers, 486 Henry R., chambers, 87 Brandt, Frederick, Sp. Pleader, 376 Breams Buildings, 589 Brett, "FhomasBrandon, adin. from LI, 2, 3 Brewer, John Hibberd, Sp. Pleader, 299, 370, 463 Brewster, John H., Sp. Pleader, 536 Breynton, William, call, 273 Briarly, Thomas Edward, adm. from LI, 55, 59; request to remove some Library material, 213; briefs in the Criminal Court, 570-573 Briggs, Joseph, bond, 172 Bright: Henry, thanks to, 69

609


INDEX

Bright continued John Edward, call, 117 Brocket, Staines B. (Master of the Bench of MT), letters, 424, 429, 462 Broderick, William, bad debt, 108 Brodie, Sir Benjamin B., medical testimony, 382 Brome, John, bond, 46 Brooke, Edward, call, 55; request for return of money, 104 Brooks, Thomas B., Sp. Pleader, 574 Brooksbank: Mary Ann, allowance, 42, 43 Theodore, call, 11; Clement's Inn, 567 Broom, Herbert, Sp. Pleader, 145; call, 207; Library access, 509 Brougham, Lord, (Lord Chancellor 1830-1834), mentioned in a letter, 588 Brown: James Baldwin (Jnr.), deposit and bond, 434 John Tod, letter requesting admittance, 7; bond, 102 Bruce: James Lewis Knight, (Master of the Bench of LI), attendances, 138; regarding Mr. H.H. Pyke, 562 John, (Treasurer of Camden Society), Library access, 158; thanks to, 163 Bryant, George, (Clerk in the Office), 346, 347; salary, 466, 568, 575 Bucknell, George, bond, 600 Budd, Mr., letter, 479 buildings insurance, 60, 71, 72, 75, 78, 135 see also Fire Insurance Fund Bullock, Edward, app. Examiner, 105 Bunbury, Edward Herbert, call, 223 Burcham, Thomas Borrow, call, 405 Burfoot, Messrs., chambers, 510 Burge, William, (Master of the Bench), attendances, 1-606; committees, 13, 16, 19, 26, 53 (2), 60, 94, 102, 104, 126, 129, 130, 142, 167, 168, 183, 206, 207, 317, 388 (2), 404, 436, 444, 463, 467, 493, 495, 516(2), 522, 541, 542, 547 (2), 556 (2), 574, 579, 600; motions, 60, 79, 137-138, 105, 141, 142, 148 (2), 153, 203, 205, 210, 380-381, 388, 415 (2), 509; viewing chambers, 182, 183, 209, 225, 336, 339, 365, 405 (2), 462, 465, 489, 502, 503, 504; thanks to, 55, 158, 223, 413; Bench chambers, 44, 171, 208, 224, 338, 523; considering a petition from Mr. Blandford, 23-24; considering complaint made of G.F. Carden, 35; report on Library Manuscripts, 56; the Temple Church organ, 77, 89, 436; planning dinner to honour the Queen's marriage, 145; waiting on the Lord High Chancellor, 156; reporting on repairs to Temple Church, 174, 222-223; Temple Church services during repair, 196; countersignature, 226n; app. of architect, 266, 267, 268; divine service, 266; 610

Burge, William, continued marble from Temple Church, 426, 431, 452; binding of music, 465; banisters' misconduct, 496, 497; Treasurer (Nov. 1844, 1845), 517-518, 520, 521, 544; Church Clerk, 536; letters to Master of the Temple, 539, 564-565; reports signed, 551, 579; kitchen matters, 554; letters, 557, 570, 586, 605-606;regarding Revd. T. Smith, 591, 592, 593; tradesmen's bills, 596 Burke, Peter Joseph, call, 117 Burnell: Mr. (Jnr.), Temple Church pillars, 198, 220, 235n George (Mason), cost of Temple Church repairs, 235-241, 243, 248, 252-254, 258, 261, 263, 282, 443, 446, 447; discharge and payment, 294, 310, 311, 312 Burrow, Thomas Christopher, call, 62 Burt, Mary, (wife of Watchman), funeral, 95 Burton, Decimus, (Architect), app., 260, 268, 444; meeting Sir Robert Smirke, 268-271; letters on state of Temple Church repairs, 275-276; commencing works, 277-278; letters from Mr. Savage, 278-279, 281; accounts and drawings, 280-281; report on remaining works, 286-289; letters, 290-291, 309, 310; reports, 292-294, 295-297, 308, 312, 313-315, 315-316, 356-359; report regarding monuments, 325-327, 368-369; estimates, 327, 408; costs 447, 448; absence, 330; porch, 372 (2)-373, 460; marble polishing, 435; Church cleaning and students' seats, 456 Bury, Edward, deposit and bond, 563 Busby, Julian, adm. to an asylum, 468-470; bill, 542; clothing, 565; medical report, 596-597 Buszard, Marston, regarding Mr. W.C. Bousfield, 139-140 butlers, 76-77, 344, 352, 526-528 Butt, George Medd, (Master of the Bench), attendances, 544-606; Queen's Counsel, 563, 568; call Bench, 573 Butterworth, William Henry, Sp. Pleader, 490, 599 Byam, Ashton Warner, keeping terms, 483 Byrne, William Pitt, call, 117 Caillard, Camille Felix Desire, call, 600 Calkin, Mr., letter, 479-480 Calls to the Bar, passim; caution money, 104, 105, 107; letter regarding Mr. Owen, 149-151; petition regarding Mr. Corner, 168-171; Jews, 265, 271-272, 273; fines, 302, 341; qualification, 482; LI resolutions, 540-541; uniform rules, 558, 559, 579-582; legal education, 602 see also admissions Calls to the Bench, 42, 109, 110, 111(2), 112, 113, 117, 130, 154, 158, 159, 160, 164, 247, 259, 298, 299, 307, 339, 420 (2), 421, 422, 512, 516, 563, 567, 573; continues


INDEX

Calls to the Bench,

continued

fees/fines, 105, 106, 302, 341, 410; from the Outer, bar, 111, 112, 113, 144, 153, 154; limiting, 137-138, 292, 298, 593, 599, 601; ballot procedure, 422, 423-424, 563, 565; regarding James Russell, 563 564, 566 Calvert, Mr., (Master of the Choir), 383 387, 421, 423; bill, 464, 465, 466, 470 (2), 471 473; regarding Mr. Bennett, 477, 479-480; termination of contract, 480, 481-482, 490 Cambridge, Duke and Duchess of, visit, 429 Campbell, Lord, (Master of the Bench of LI), attendance, 540 Cane, Richard, call, 573 Canning, William, (Warder), discharged, 286

Capper: Benjamin, relief application, 10 Mr., mentioned in connection with Mr. W.0 Bousfield, 139 Carden, George Frederick, complaint against, 35-36; letter, 61 Cardwell, Edward, call, 96 Carlton, Hugh, permission to access Library, 42 Carlyon, Frederick, bond, Ill Carrow, John Monson, complaint, 35 Casberd, Robert, (Master of the Bench of MT) Temple Church repairs, 159, 436-437 cash book, 303, 305, 331, 342-347 Cashier, Accountant's Report, 304-306 Cathrey, Thomas Charles, call, 317 Central Criminal Court. 570-573 Chalmers, John Inglis, 54 Chamber Committee, rent reduction, 23; regarding Cobbett Derby's fine, 28-29; repairs to Temple Church, 47; repair and cleaning of the Hall, 47, 48; permission for shop window onto Mitre Court, 48; insurance of buildings, 60; rent collections, 104; report regarding rents, 108-109; Mr. Groom's request for a window, 157, 172 (2); pavement in front of Crown Office Row, 171, 172; Inner Temple Lane, 228; new members, 336, 365, 522; No.17 Fleet Street, 348-349; No.1 Ram Alley, 365; offices for the Masters of the Court of Exchequer, 456; rent reduction requests, 522, 536; gas, 577

Chambers: Dr., medical testimony, 382 John David, thanks to, 13 William Mellish, Sp. Pleader, 111, 182; call, 317 chandelier, 100 Chapman, Benedict Lawrence, call, 47 charitable donations see gratuities Charles, Joseph, letter, 485

Charnock: James, adm. from GI, 110 Mr., transferring briefs in the Central Criminal Court, 571-572 Richard, call, 166

Chawner, J. M., letter regarding Alienation Office, 231

Chilton: George, (Master of the Bench), attendances, 30 -606; King's Counsel, 41; call Bench, 42; motions, 60, 61, 101, 104, 174, 233, 234, 274, 328 (2), 538, 563, 565, 568, 570; committees, 53 (2), 71, 102, 113, 388, 392, 464, 480, 495, 516, 541, 542, 546, 547 (2), 556, 574; Bench chambers, 208, 338, 406, 486, 523, 553; resolutions, 178-179; keeping terms, 229, 516; Temple Church monuments 323; letter from Revd. Rowlatt, 394; kitchen matters, 554 I lenry Charles, (Solicitor), app., 403; letters regarding City Police, 406-407, 455- 456; rents, 469; regarding Thames Embankmcnt proposals, 478, 599; Ecclesiastical Courts Bill, 412, 415, 486; regarding Mr. Savage, 488; letter to Police Commissioner, 592 (2) choir see Temple Church; Committee, Choir Christie, William Dougal, call, 167, 168; Library manuscript, 603 Christin, Philip Ferdinand, deposit, bond, 281 Church see Temple Church; Committee, Joint Church Committee, 203, 205, 210, 213, 215-221; letter from MT, 221--222, 225-227, 229-230; bank credit, 231, 291; to confer with MT regarding costs, 233; motions, 233, 234; reports, 235-245, 248, 249-254, 258-259, 308-316, 319, 322-328, 355-359, 370-376, 377-380; statement, 258; recommendations, 276, 277, 282, 294; meeting with Mr. Savage, 283-286; finance statements, 354, 407-409, 448-451; choir, 382-387, 393-394; music in the Church, 392; new member, 398; final report, 436-451 Church services see Temple Church, services circular soliciting pupils, 455, 457-458 City Gas Company, lighting, 425 City Police Act see Police Acts Claridge, Thomas, (Waiter), salary, 529

Clark: Rochfort, chambers, 339 Thomas James, call, 600 Clarke, Richard, admission rules, 104 Clayton & Squares, Messrs., rent, 522, 536 Clement's Inn, nominations for Reader, 567 Clerk, John, call, 273 Clerks in the Treasurer's Office, 62, 109, 144, 246, 299-306, 340-347, 425, 466, 568, 575 Clifford, William, tenant of stationer's shop, 516 Clifford's Inn, nominations for Reader, 567, 603 Cobbe, Thomas, call, 223 Cockburn, Alexander J.E., (Master of the Bench of MT), committees, 482, 496 Cockerill, Charles Robert, (Architect), 260 Cockman, Walter, (Chief Cook), petitions, 350, 568, 576; Bench Dinners, 350- 352; salary, 532

6 11


INDEX

Cohen, E., thanks to, 377 Cole, Henry Warwick, call, 17 Coleman, Joseph, (Clerk of Temple Church), app., 39; attendance, 502, 508-509, 510, 510-511; Middle Temple Order, 536; resignation, 537 Coleridge, Mr. Justice, regarding Mr. J.H. Lloyd, 390; regarding Mr. H.H. Pyke, 586 Collector of Commons and Rents, 62, 108-109, 246, 299-306, 341, 342-345, 347 Collett: Thomas, adm. from LI, 15, 17 Thomas, (Sexton), pension, 430 Collier, Robert Porrett, call, 405 Collins: Dorothy, death, 213 Edward, paymcnt for mother's funeral, 267 Colmer, Robert, letter, 90; chambers, 124, 166 Colquhoun, Patrick, call, 75 Coltman: Francis Joseph, (son of Thomas), regarding adm. and chambcrs, 98, 129-130 Thomas, (Master of the Bench), attendances, 1-57; committees, 13, 28; chambers rebuilding, 21; Bench chambers, 41, 44, 98, 129; regarding Mr. H.H. Pyke, 586 Commissioners of His/Her Majesty's Woods, Forests etc., selling Alienation Office and Garden, 24-26, 31-34, 65-66, 69, 73, 122-123, 126, 127, 332-333, 353-354; request for offices, 456; Embankment proposals, 171,468, 471, 476, 477-478, 599 Commissioners of Property and Income Tax, 414 Committee of the Athenaeum, 573 Committees, concerning: Alienation Office purchase, 26; report 31-34, 65-66, 126, 127 Banisters' misconduct, see under misconduct Benchers: balloting on calls to the Bench, 422, 423-424 cost of Bcnch dinners, 298, 307-308, 331, 349-352 voting on Bench chambers, 338, 340 whole Bench, 131, 168, 478n, 481, 566 buildings: buildings around the Church, 167 Equity Judges using the Hall for sittings, 148, 153, 154 (2); report, 155-156 Harcourt Buildings, 13, 102; report, 16 Paper Buildings, 83, 162; report, 85-88, 164-166 Chamber see Chamber Committee Choir, 130, 392, 393-394, 404-405, 428, 489,490-492, 493 accommodation for, 423, 432, Mr. Calvert, 464, 465, 471-473, 479-480, 481-482, 489, 490-492 see also Temple Church, choir 612

Committees: continued Church see also Church Committee Architect, appointment, 266, 267, 268 Clerk's duties, 516 Master of the Temple, 168, 404 opening on days other than Sunday, 388-389, 392, 393, 495 see also Temple Church, divine service Organist, see Warne, Mr.; Hopkins, Edward, Preacher, 126, 274, 349 Reader, see Rowlatt, Revd. William Henry Mr. Savage's claim 475, 482, 488, 489 Vergers and Sexton, 430, 452, 510 Finance see Finances of the Society Joint with other Inns: regarding admissions, 17, 31, 34-35, 36, 60 558, 602; from the Irish Bar, 36-37 matters relating jointly to IT and MT, 28, 54, 96, 129, 207, 317, 387-388, 467, 468, 522, 600, 604 Temple Church, 19, 141, 142, 148, 153, 159, 167, 393, 426, 431, 434, 454, 488, 489, 493, 516; reports, 160-162, 163, 174-179, 184-203, 205, 213-214, 215-218, 428, 449, 454 uniform rules, 540-541, 546, 559 (2) legislation: Bill concerning the Poor in Extra-Parochial Places, 10 City Police Act, 126, 127, 132-135, 137, 141-142, 147, 455-456 Ecclesiastical Commissioners Act 1836, 27 Pluralities Bill, 88 Library 142, 143, 355, 363, 364(2), 370, 546, 605 pauper cases, duties of barristers, 556, 566 rents, dues /accounts, 68, 104, 108-109, 230, 245-247, 264, 299, 300-306, 316-317, 331, 340-347, 361 servants and officers: commons for the Bar table, 60, 61 conduct of waiters and servants, 76-77, 206, 286, 463-464 Cook, 542, 543, 553-554, 578-579; remodelling the kitchen, 501, 504-508, 510, 524-535 Pannierman, 66, 107, 508, 535, 541-542 salaries and allowances 508, 510, 524-535 Society's Surveyor, 547, 550-551, 557 , 558 turnspits, 107; petition, 498-499, 500-501 Watch Establishment, 556, 558, 560 Society of Attorneys, 113, 119, report, 121 Thames Embankmcnt proposals, 468, 477-478, 480, 481, 482 Ward rate, 362, 364, 407 Wine, 64, 65 Common Law Commission, sixth report, 17, 31 commons, 60, 61, 246, 300-304, 340-344, 347, 351, 449, 482, 497, 501, 505, 506; continues


INDEX

commons: continued 508, 526-535, 541, 543, 554, 579, 583, 596 Comyn, Sir Robert, (Master of the Bench of MT), committees, 477, 482, 490, 496; report signed, 480 Conant, Edward Nathaniel, call, 582 Constable: Charles, bond, 128 William Stanley, call, 17 Conveyancers, 4-5, 49, 119, 121, 149 Cook: John Richard, disbarred from GI, 321, 498 Robert, disbarred from GI, 321, 498 Cooke, William Henry, call, 47 cooks, 350-352, 504-508, 525, 532, 542, 543, 553-554, 578-579, 583 Cooper: Charles Purton, thanks to, 421 John, (Under-Washpot), salary, 531 532 Mr., (Organist), testimonial, 383 William, Sp. Pleader, 158; call, 387 William Wellington, call, 55 Cooper and Fores, (Slaters), 252 Cope, William, call, 207 Copland, Dr., medical testimony, 382 Corner, Richard James, not eligible for call, 164; petitions, 167-168, 168-171, 203 204 (2); call, 207 (2) Cornish: John Robert, Sp. Pleader, 204; call, 317 W., rent arrears, 68 Coronation, dinncr for H.M. planned, 88 Corrie, William, call, 17; regarding Mr. G. Taylor, 595-596 Cother, Dunbar John, adm. from LI, 427, 582; Sp. Pleader, 459, 512 Cottenham, Lord, (Lord Chancellor 1836-1841), 154, 156, 484 Cottingham/Cottenham, Lewis Nockalls, (Architect), Temple Church repairs, 185, 186 (2), 440; reports, 188-191, 199-201 (2); regarding Mr. Barrett's work, 237 Court of Exchequer, Masters of, 456, 476 Courtenay: Francis Foljambe, chambers, 224; keeping terms, 273 Philip, (Master of thc Bench), attendances, 1-333; committees, 10, 17, 26, 28, 52, 53 (2), 54, 65, 71, 83, 94, 96, 102, 104, 129, 134, 153, 162, 207, 230, 286, 298, 317; Bench chambers, 63, 113, 208, 223, 224 (3), 317; motions, 71, 248; viewing chambers, 41, 64-65, 153, 157, 157; rebuilding chambers, 23; considering a petition from Mr. Blandford, 24; selecting an insurer, 75; insurance trustee, 78; thanks to, 98; chandelier to bc engraved, 100; honouring the Queen's marriage, 145; Reader (1841), 206; Treasurer (1841), 208, 212; continues

Courtenay: continued Philip, continued Temple Church repairs, 241, 251; app. of architect, 266, 267--268; death, 335; chambers at death, 335 (2), 338, 352, 360, 377 Philip Warner, chambers, 224; executor, 352, 360, 377 William Haley, lost at sea, 335 Cowie, "FhomasIlardwicke, deposit and bond, 595 Craufurd, Edward I lenry John, call, 600 Crawford, George Morland, adm. from LI, 38, 44 Cresswell, Cresswell, (Master of the Bench), attendances, 1 -395; Bench chambers, 208, 223, 224, 339, 355, 362; motions, 319; thanks to, 322; regarding Mr. J.H. Lloyd, 390; regarding Mr. H.H. Pyke, 586 Crichton, Constantine Talbot, call, 75 Crick, William, (Waiter), 129; salary, 530 Crofts, William, bond, 536 Croke, Sir Alexander, (Master of the Bench), attendances, 1-102; committees, 28, 54, 96, 129, 207, 317, 387; plans for Paper Buildings, chambers, 96, 99; Temple Church repairs, 186; thanks to, 225; chambers at death, 398, 406 (2) Crosby, Walter, (Surveyor of MT), letter regarding the resurfacing Middle Temple Lane, letter regarding repair of Temple Church, 120 -121; Temple Church repairs, 148, 153; report on the Master of the Temple's House, 582-583 Cross, William S., Sp. Pleader, 99 Crouch, Mr., transferring briefs in the Central Criminal Court, 571 Crowder, Richard Budden, (Master of the Bench of MT), committee, 482 Crown Office Row: pavement in front of, 171, 172, 214-215, 590; Macadamizing, 574; No.3, 335, 339 No.7, 486 41, 65, 256 north, 107 Cruttwell, Charles James, keeping terms, 15 -16; call, 55 Currell, John, (Waiter), death, 459 Currer, William, call, 367 Cutler, Edward, (Waiter), salary, 530 Daily, Mary, (widow of Dustman), relief petition, 604 Dampier, H., letter signed, 13 Dando, Mr., choir, 492 Daniels, George, Library access, 333 Darvell, Edward Stone, deposit, 182 Davenport, Davies, chambers at death, 41, 65 613


INDEX

Davies, Henry Tudor, call, 217 Davis: John, (Butler), promotion, 49; duties in Hall, 76; salary, 527 Mary, petition for relief, 281 Thomas, (Warder) death, 274; petition from wifc, 281 William, (Under-Porter), salary, 535 Davison, Henry, Examincr, 492 Dawson, John, call, 62 Deane, James Parker, call, 223 Deffell, George Hibbert, Sp. Pleader, 512, 597 Dendy, Arthur Hyde, call, 582 Denison, Stephen Charles, call, 129 Denman, Lord, letter to, 149; regarding Mr. J.H. Lloyd, 381-382, 389-390; regarding Mr. H.F1. Pyke, 585-586 Denyssen, Peter John, call, 27 Derby, Cobbett, fine returned, 28-29 Dew, Tomkyns, call, 361 Dewick, Cath., (Dishwasher), salary, 534 Dickenson, E. A., regarding Mr. H.H. Pyke, 561-562 Dick's Coffee House, 542 Dickinson: Francis Henry, bond, 174 John Nodes, Sp. Pleader, 28, 55, 94, 128; call, 207 Sebastian Stewart, call, 117 dining, soup, 53 (2); cost of Bench dinners, 294, 298, 307-308, 331, 349-352; special days, 524; menus, 583 see also commons dishwashers, 533-534 Dobbs, Conway E., (Under-Treasurer of Queen's Inn, Dublin), letters, 81, 143 Dodgson, Hassard Hume, adm. from LI, 477 Dodson, John, (Treasurer of MT 1841), letter, 320 Dollery: Elizabeth, relief petition, 425; school fees, 467 Sarah, relief petition, 129, 209, 348 John, (Under-Porter), wife of, 129, 209, 348 William, (Under-Washpot), illness, 416; wife of, 425; children of, 467 Domvile, Henry Barry, call, 7 Donn, Robert, call, 503 Donne, Edward, chambers rebuilding, 21; chambers, 130n Douglas, Sholto James, Sp. Pleader, 366; call, 582 Dowdeswell, John Edmund, (Master of the Bench), attendances, 1-606; Bench chambers, 44, 338; chambers, 86; committees, 129, 207, 317, 338, 338, 387, 398, 404, 437, 455, 467, 522, 547, 600; Master of the Library and Reader (1841), 208; Reader, 273; Treasurer (1842), 318, 328, 334, 406; purchase of Alienation Office, 353 354 (2); report signed, 363; Fire Insurance, 367; motions, 414 (2)

Doyle: Francis Hastings, call, 54 Michael, (Steward of LI), letters, 271, 541, 559, 582 Drew, George Henry, Sp. Pleader, 598 Drewry, Charles Stewart, call, 17; thanks to, 601 Drinkwater, William Leece, call, 47 Duchy of Lancaster, Chancellor of, thanks to, 573 Dundas, David, (Master of the Bench), attendances, 136-606; Queen's Counsel, 154 (2); call Bench, 155; committees, 298, 422, 541, 542, 546; Bench chambers, 406, 553 Duniergue, Francis, call, 96 Dupere, James, (Watchman), pension, 89, 93n Durham University, admitting membcrs, 233 Durrant, Ralph, (Head Gardener), resignation, 370; pension, 388 Durtnall, D.A., thanks to, 113 Dyer: Cornelius, (Watchman), pension, 89, 93n Hcnry Moreton, application, 172

East, Sir Edward Hyde, (Master of the Bench), attendances, 30-57, 103-211; thanks to, 391, 496, 596 Eastwood, Edward, deposit and bond, 370 Ecclesiastical Commissioners Act (1836), 27 Ecclesiastical Courts Bill, 412, 415, 418, 427, 486 Edgell, Mr., regarding Mr. H.H. Pyke, 585 education of students, suggestions from MT, 602 Edwards: Charles, adm. from MT, 370, 503; Sp. Pleader, 394 Revd. Mr., testimonial, 383 Tenison, call, 106 Egerton, Edward Christopher, adm. from LI, 162, 166 Eldred, Edward, (Sub-Treasurer of MT), letters, 48, 79, 221, 234, 261, 271, 272, 477, 484, 496, 520, 547; Orders, 266, 274, 319, 393, 394, 398-399, 453-454, 481-482, 495-496, 575; resolutions, 331-332, 519, 552, 602 Ellis: Charles, (Head Waiter), duties in Hall, 76; promotion, 77; Library catalogue, 399, 412; salary, 529 Mr., (Reporter), Library access, 292 Ellison, Cuthbert Edward, adm. from LI, 546, 553 Embankment, Thames, 171, 292, 468, 471, 476, 477-478, 480, 481, 482, 599, 603, 604 English Churchman, (newspaper), 537 Equity Court, offer to use the Hall, 148, 153, 154 (2); report, 155-156 614


INDEX

Erie, William, (Master of the Bench), attendances, 58, -510; committees, 60, 71, 137, 464, 478, 493, 495; Bench chambers, 87, 165-166; 318, 338, 516, 523; Master of the Library and Reader (1843), 388; Reader, 433; Treasurer (1844), 467, 474, 515; keeping terms, 493; app. judge, 515, 517, 518, 520; regarding Mr. 11.11.Pyke, 586 Esdaile: Arundell, Mrs., book, 174n, 330n William Clement Drake, Sp. Pleader, 512 Essex, W.R.H., (Artist), Temple Church drawings, 196, 253, 475 Estcourt, Edward D., Library access, 376 Etty, William, (Artist), Temple Church organ, 185, 186, 201 Evans, John, (Master of the Bench), attendances, 30-606; King's Counsel, 41; call Bench, 42; committees, 65, 71, 83, 113, 162, 480, 547; motions, 105, 423 (2); viewing chambers, 110, 111-112, 118, 125; Bench chambers, 224; report signed, 551 examinations and Examiners, 489, 492, 574, 576, 602 Exchequer Office, possible site for the cloister, 323, 326, 331, 445, 456, 476 d'Eyncourt, Louis Tennyson, call, 155 Eyre, Hcnry Richard, bond, 487 Farlow, Mr., land in Mitre Court, 354 Farrar's Buildings: No.10, 234 No.10, cellar, 232 No.10, ground floor north, 198, 213 -214, 224 No.10, ground floor south, 44, 208, 224, 338, 495, 523, 553 Farre, John Richard, call, 75 Farrer, Oliver William, adm. from LI, 365, 522 Farringdon Without (Ward of), 131, 132 134, 142, 147 Faulkner, Revd. R.R., (Vicar, Holy Sepulchre, Cambridge), 413 Fenton, Roger, deposit, 584 Ferrall, F. A., thanks to, 64 Field, Edwin W., thanks to, 146 Fig Tree Court: No.1, 256 No.1, ground floor west, 118 No.1, first floor east, 182 No.1, three pair east, 335, 339 three pair west, 335, 339 ground floor east, 336, 339 ground floor west, 225 214, 317 one pair east, 44, 63, 118, 182, 208, 223, 355, 362, 406, 494, 523, 553 No.7, two pair cast, 118, 224 No.7, two pair west, 182, 208, 318 ground floor, 352, 360

Fig Tree Court: continued No.8, one pair, 44, 63, 113, 207, 223, 223, 318, 338, 523, 553 No.8, two pair, 565, 579 Finances of the Society: Accountant's Reports, 299- 306, 316 317 Committee, 230, 245 (2) 247, 249 257, 264, 316 317, 331, 340 348, 354, 361, 366 statements, 71 -72, 407 408, 409 412, 448 451 fire, Paper Buildings, 67, 69 -70, 77, 78, 410; Sun Fire Office payment, 166 Fire Insurance Fund, 252, 367, 410, 411, 450, 516 see also buildings insurance FitzGerald: Seymour, chambers, 198, 214 William Robert Seymour, adm. from LI, 107 Fitzjames, James John, call, 54 Fitzpatrick, Richard William, call, 522 Fleet Street: carriage way from, 365; No.17, 348 -349 Fletcher, John Dunnington, Sp. Pleader, 512; call, 573 Flexney: Mary, petition, 100 Mr. (deceased), sister's petition, 100 Floyer, John, bond, 157 Foke, Mr., Harcourt Buildings expense, 16 Foljambe, Thomas (Jnr.), call, 117 Follett: Robert B., chamber, 87 Sir William Webb, (Solicitor (Ieneral 1841-1844, Attorney General 1844-1845), (Master of the Bench), committees, 10, 495, 516, 547, 556; Bench chambers, 44, 208, 600; attendances, 103-333, 396-473; Treasurership, 517, 518, 520, 521; Reader (1845), 523; memorial, 592, 593; chambers at death, 596 Fookes, Woodford, Sp. Pleader, 339; call, 481 Ford, Richard (Jnr.), call, 129 Forster: Charles, call, 433 John, call, 405 Forsyth, William, Sp. Pleader, 102; call, 129 Fosbrooke, Leonard, adm. from LI, 75 (2) Foundling Hospital, choir, 384, 386, 387; Preacher, 569 foundlings, Edward Temple, 14 Fowler, John Coke, call, 144 Fox, William, Sp. Pleader, 272; call, 361 Frampton, Henry, bond, 101 Francklyn, Alexander Allan, bond, 29 Fraser, William, call, 82; disbarred, 206n French, Sir J., Embankment model, 292 Frere, Constantine, deposit, 367 Le Froy, Mr., Library access, 203 615


INDEX

Fuller:

Goldsmith,

Oliver, church memorial considered, 38; monument inscription, 259 Goodacre, Messrs., mentioned in connection with W.C. Bousfield, 140 Goodrich, William John Pitt, call, 37

John, chambcrs, 94, 97 John Bird, adm. to chambers, 97 Thomas, Petyt Manuscripts, 53 Fulton, John Williamson, call, 129 Furnival's Inn, 131, 228

Gordon:

Alexander, call, 317 Hunter, thanks to, 65 John, deposit and bond, 2

Gale, Charles James, adm. from MT, 23, 28 Gambier, Philip Venn, chambers, 107 Garden, access to, 171; conduct in, 292; visitor's

key, 292; Thames Embankment, of, 592 gardeners, 370 (2) Gardiner, James, call, 17

Gore:

471; policing

Gardner:

Aurelia, allowance, 9, 38, 62, 144, 258, 362, 425, 498, 568, 576, Henry, allowance, 9, 38, 62, 144, 258, 362, 425 James, (Sub-Treasurer) (deceased), children of, 60, 61, 247, 258, 498 Jamcs, (son of James above) (Clerk), position in the Treasurer's Office, 62, 109, 144; discharge, 246; Accountant's Report, 299-303, 306, 341 John C., allowance, 62, 144, 258, 362, 425, 498, 568, 576 William, gift, 49; apprenticeship, 62; equipment for sea voyage, 108 Garnett, William James, call, 600 gas lighting, 425, 516, 575, 577 Gaskell, John Dakin, Sp. Pleader, 519 gatemen, 92-93, 531 Gaussen, Frederick Charles, call, 552 Gautress, William, Library access, 59 Geary, Francis, call, 247, 259 George, John, rent, 66 Gibbs:

Joseph, call, 75 V., letter signed, 13

St. George Richard, call, 11; bond, 114 Robert, Sp. Pleader, 92, 128; call, 207 Goren, James Newton, call, 522 Goslings and Sharpe, Messrs., (Bankers), purchase of bank stock, 3; sale of bank stock, 101, 107, 118, 144, 206; credit, 231, 232; advance, 252, 253; loan, 273, 366, 410; finance statement (1843), 448-450 Goulburn, Frederick, call, 481 Gower, Edward Frederick Leveson, call, 600 Grand Days: 1836 - 2, 10, 26 1837 - 34, 41, 45, 53 1838 - 59, 72, 79, 94 1839 - 104, 110, 115, 127 1840 - 137, 153, 203, 214 1841 - 214, 223, 298 1842 - 336, 355, 362, 370 1843 - 397, 419, 459 1844 - 475, 489, 500, 512 1845 - 545, 563, 574, 577, 596 claret, 524; wine, 526-535 Grant, Alexander, bond, 595 gratuities, notice of, 167, 339, 568, 570; Christmas, 388; school, 484-485; poor relief, 486, 488; Bishop's Court Dispensary, 489 Graves, John Thomas, thanks to, 424 Gray, Robert, chambers, 119, 128 Gray's

Giffard:

Inn:

admission of Jews, 272; from the Irish Bar, 36 admitted from, 11, 14 (2), 15, 17 (2), 72, 74, 92, 11(), III, 115, 365, 463 communication regarding Mr. N.H. Pyke, 561, 585-586; regarding the call of attorneys, 118 -119, 121 letter regarding privileges for members of Durham University, 233 Steward see Griffith, Thomas see also Committees, Joint with other Inns Greenfield, Benjamin Wyatt, adm., 211; call, 422 Greenleaf, Simon, thanks to, 365, 510, 601; letter, 605

George Markham, call, 207 John Walter de Longueville, call, 465 William, bond, 503 Giles, John Edward, keeping terms, 38; call, 129 Gimber:

Charles, (Waiter), salary, 530 Henry, (Under-Porter), app., 39; insuring his life, 43; discharged, 481 Girdlestone, Samuel, (Master of the Bench of MI), app. of architect, 266, 267, 268; committees, 437, 444 Gladstone, Thomas, bond, 221 Glazbrook, Robert, call, 582 Glenie, John Melvile, bond, 31 Godfrey, Daniel Race, bond, 424

Greensill:

Francis, Sp. Pleader, 6, 55, 95, 207, 318, 471, 536, 597n Thomas, Sp. Pleader, 29, 393, 597 Greenwell, Thomas, Sp. Pleader, 599 Grenside, Charles Knowlys, call, 155

Goldsmid:

Augustus, application for admittance, 265, 271 -272; adm. from LI, 273, 387 Nathaniel, adm. from LI, 2, 3 616


INDEX

Griffin, Samuel, (Waiter), salary, 529 Griffith: Edward George, Sp. Pleader, 599 George, Sp. Pleader, 512 Henry, adm. GI, 72, 74 Thomas, (Steward of GI), letters, 36, 272, 562 Groom, Mr., (Pastry Cook), request for a window, 157, 172 (2) Grosvenor, Robert, letter from Buckingham Palace, 179-180 Grubb, John Eustace, call, 273 Gudge, James William, bad debt, 108 Gurney: Sir John, Baron of the Exchequer, thanks to, 3 Revd. John H., thanks to, 60; chambers, 87 Joseph, thanks to, 232 Russell, (Master of the Bench), attendances, 544-606; Queen's Counsel, 563, 568; call Bench, 573 Thomas, thanks to, 232 William B., thanks to, 232 Gwynne, John Wellington, memorial regarding admission, 579- 582 Haddan, Thomas Henry, call, 273; Examiner, 492 Hadow, Patrick Douglas, call, 44 Hale, John Richard Westgarth, call, 113 Hall: Samuel Cartcr, call, 247 Thomas Dickinson, call, 54 Hall, thc: report into the state of, 20; Parliament Chamber, 41, 77; repair and cleaning, 47; repairs agreed, 48; stove, 49; insurance, 71, 72, 75; staircase, Bench chambers, 44, 208; staircase, three pair north, 335, 339; staircase, one pair, 338, 495, 600; warming entrance, 110, 257; offered for Equity Judges' sittings, 148, 153-156; inscription to Sir Frederick Pollock, 158; repair expenses, 410; private use, 453, 455, 473 Hallam: Henry, (Master of the Bench), call Bench, 154, 247, 259; letter from, 155; attendances, 212-606; committees, 261, 388, 405, 547; divine service, 266, 388; son, 475; Bench chambers, 523 Henry Fitzmaurice, adm., 475 Hamilton, William John, call, 113 Hanover, King of, 473 Harcourt Buildings: rebuilding expense committee, 13; committee report, 16; rent to cover insurance, 78; committee to consider approving the approach to, 102; cost of rebuilding, 300; Phillip Courtenay's chambers, 352, 377; insurance, 72 insurance, 72

Harcourt Buildings: continued No.2, ground floor south, 29 one pair, 208 insurance, 72 insurance, 72 Hardeastle, Joseph Alfred, keeping terms, 228 229; call, 273 Hardwicke, Lord, (Lord Chancellor 1737-1756), 579 Hardy: Gathorne, call, 155 James J., thanks to, 148 John, (Master of the Bench), attendances, 136-606; chambers, 21; annuity, 44; call Bench, 154, 155; committees, 230, 455; divine service, 266; Bench chambers, 338, 495, 523; petition considered, 499 Hare Court: insurance, 73; No.1, ground floor east, 405 (2) one pair east, 502, 503 one pair south, 44, 113, 223 338, 495, 523, 553 house chambers, 522, 536 No.3, one pair north, 489, 504 Harenc, Charles Joseph, call, 47 Hargrave, John, thanks to, 180 Hargreave, Charles James, call, 503 Harris: Charles Amyand, bond, 13 George, Library access, 579 John Henry Acton, bond, 459 Thomas, mentioned in letters, 149 • 151 Harrison: Edward, 42 Richard II., thanks to, 69 William, (Master of the Bench), attendances, 1 -333; motions, 10, 11, 117, 119, 214, 221, 247, 258; committees, 28, 54, 83, 96, 129, 167, 168, 207; considering complaint made of G.F. C'arden, 35; thanks to, 56: letter from Sir Thomas Tomlins, 120; waiting on the Lord High Chancellor, 156; Temple Church repairs, 186; death, 299; chambers, 299, 317 William Ilopkins, Examiner, 491 Hart, John, referred to in a letter, 272 Harvey, Mr. D.W., (Police Commissioner), mentioned in letters, 137, 455 456; letter to, 592 Haslehurst, John Wood, call, 600 Hatton, John Emilius Daniel Edward Finch, chambers at death, 214, 223 Hawker, Edward James, call, 600 Hawkins, Mr., choir, 386 Hay, James Gordon, call, 144 Hayter, William G., (Master of the Bench of LI), attendance, 138 Hayward, Abraham, Queen's C'ounsel, 563, 568 Headlam, Thomas Emerson, call, 113 617


INDEX

Healey, Thomas, deposit and bond, 119; application requesting return of money, 120 Heath: John Carlen, Sp. Pleader, 125, 182, 306, 381; call, 465 John Moore, bond, 6 Heatley, Townsend, bond, 475 Hebden, Robcrt, chambcrs at dcath, 225 Hedge, Edward, complaint, 35 Hemsworth, Henry William, call, 106 Henderson: John, bond, 110 Robert, call, 552 Hendy, James Luke, (Butler), duties in Hall, 76; promotion, 77; salary, 528 Hennell, Charles Tidd, Sp. Pleader, 403-404, 478 Henry, Alexander, adm. from LI, 546, 553 Hepburn, James, call, 361 Herries, Charles John, call, 207 Hervey, Alfred, chambers, 119, 128; call, 405 Heslop, Alexander, Sp. Pleader, 466; call, 494 Hewit, George Henry, Sp. Pleader, 403; call, 465 Hewson: James Bland, bond, 20 William Bassett, call, 573 Heywood: James, call, 75 Oliver Arthur, bond, 369 Hibbert, John, call, 11; Clement's Inn, 567 Hiccocks, John, monument, 368 Higgins: Godfrey, chambers, 502, 503; bond, 503 James W., Alienation Office valuation, 228 Hildyard: Francis, Sp. Pleader, 56; call, 75 Robert Charles, (Master of the Bench), attendances, 544-606; Queen's Counsel, 512; call Bench, 516, 517; committees, 522, 556; motion, 538 Hill: James, call, 113 John Frederick, call, 405 Matthew Davenport, (Master of the Bench of LI), attendance, 540 Hilton, Henry Denne, deposit and bond, 512 Hinde, Henry Pelly, Sp. Pleader, 392, 467, 542, 599 Hindmarsh, William M., request for admittance from GI, 40 Hinds, Dr., (Clergyman), app. to preach, 395 Hitchcock, Frederic, call, 113 Hobbs, Mr., choir, 386-387 Hodgson: Henry William, call, 494 John, (Master of the Bench of LI), attendance, 540 Hodson, Frances, (Pannierwornan), salary, 529

Hoe, J. Herbert, (Master of the Bench of LI), attendance, 540 Hoffman, Lewis, call, 117 Hogg, John, thanks to, 48 Holkman, Mr., (Organist), testimonial, 383 Holland: George Henry, bond, 397 John, adm. from LI, 79, 117 Holmes: Alexander Erskine, adm. from LI, 2, 3 C., letter regarding St. Dunstan's schools, 485 Holt: Francis Ludlow, (Master of the Bench), attcndances, 1-543; committees, 28, 44, 52, 53 (2), 54, 60, 71, 88, 96, 129, 130, 153, 162, 183, 206, 207, 317, 388, 422, 467; Bench chambcrs, 44, 113, 207-208, 512, 523; motions, 204, 415; viewing chambers, 74, 75, 81, 94, 97, 145; Master of the Library (1839), 96; Reader, 117; Trcasurer (1840), 129, 136; waiting on the Lord High Chancellor, 156; letter to Mr. Lloyd, 336, 337; report signed, 363, 424; regarding James Savage, 488; death, 512 William, call, 522 Holthouse, Henry James, thanks to, 180; Sp. Pleader, 422, 475, 519 Hooker, Benjamin, chambers, 21, 27, 37 Hope, James Robcrt, call, 62 Hopkins, Edward J., (Organist), app., 454; salary, 462; choirboys, 492 Horncastle, Mr., choir, 387, 491 Hoskins: Chandos Wren, Sp. Pleader, 56; call, 75 George Alexander, call, 144 Howarth, Mr., balloting on calls to the Bench, 423 Huddleston, John Walter, adm. from GI, 111 Hue, Corbet, adm. from LI, 420, 422 Hughes: John, call, 113 Mary, provision, 52; allowance, 53 Samuel, chambers, 213-214, 224-225 Thomas Bird, call, 117 William, (Chief Butler), resignation, 43; death, 49; wife's petition, 52, 53 William Hughes (Jnr.), adm. from LI, 335, 338 Hulme, John, bad debt, 108 Huntingtower, Lord, mentioned in connection with W.C. Bousfield, 140 Humphreys, John James Hamilton, call, 387 Hurlstone: Alfred Pearson, call, 223 John, (Waiter), resignation, 204, 205 William, (Butler, Collector, Verger), app., 45; promotion, 49; app. Collector, 109n; Accountant's Report, 341, 343, 344, 347; misconduct, 463 (2) 464; salary, 527 618


INDEX

Illingworth, William, (Solicitor), gift, 79 Ingham, Robert, (Bar Auditor), 467; Examiner, 492 Inglis, Robert H., Parliamentary reports purchase, 180-181; thanks to, 391 Ingram, James J., (Head Washpot), salary, 531 Ings, Edward, circular soliciting pupils, 455; letter, 457-458, 460; misconduct, 498 Inner Temple Lane: buildings, insurance, 72-73; letter from Mrs. Withers, 99; request from Mr. Groom, 157, paving, 198; public footway, 213, 234, 440; request from No.117 East Corner, 228; windows onto, 348; attics, 522, 536 one pair north, 95, 101 110, Ill, 125, 256, 460 95, 256; stationer's shop, 516 No.5, one pair south , 335 339 No.5, two pair south 335 339 No.9, 460 Inns of Chancery see Clement's Inn; Clifford's Inn; Lyon's Inn. Insurance see Buildings insurance; Fire Insurance Fund Jackson, Randle, chambers at death, 64; mentioned by Mr. Corner, 169 Jacob, Edward, (Master of the Bench of LI), attendances, 138 Jacobs, Moses, trail of, 572 James, Edwin John, call, 7; regarding Mr. J.H. Lloyd, 390; Clifford's Inn, 567; regarding Mr. 1-1.11.Pykc, 585 Jardine, David, thanks to, 47 Jekyll, Joseph, (Master of the Bench), committee, 28; chambers, 41; Bench chambers, 44; sale of bank stock, 107, 118, 144, 206 Jenkins, Thomas Lowten, call, 47 Jervis, John, (Mastcr of the Bench of MT), committees, 394, 482; motion, 602 Jews, admittance of, 265, 271-272; adm. from LI, 273 Johnson, John James, regarding conduct of Mr. J. Watson, 548, 549, 554 Johnson & Justerini, liqueurs bought from, 67 Johnstone, Edward, letter, 3 Jones: Antony Miguel, call, 54 Frank Jones Walker, call, 27 George David, call, 552 Robert, Sp. Pleader, 143; deposit and bond, 267 William, call, 47 Jordan, William Walker, letter, 61 Joy: Henry Hall, (Master of the Bench), attendances, 1-211; Bench chambers, 28, 63, 86, 118, 165; motions, 78, 81; Reader and Master of the Library (1840), 129; continues

Joy: continued lenry Ilall, continued committees, 52, 153; Reader, 166; death, 182 (2); chambers at death, 182, 208, 209, 211 Mary Charlotte, (wife of above), chambers, 211 Judges, invited to dine, 45, 79, 115, 153, 362, 419, 500, 524, 574, 577 Keating, Henry S., application regarding Mr. J.W. Smith, 604, 605 Keene, Frederick, (Waiter), 205; salary, 530 keeping terms, 340, 517, 518, 520, 541(2), 559(2) see also under individual members Kelly: John Charles, keeping terms, 209 Lucius, Sp. Pleader, 476, 547 Kelsall, Charles, thanks to, 65 Kennedy, Charles Rann, adm. from LI, 8, 11 Kensington, Edward, call, 11; Clement's Inn, 567 Kilpin, Charles James, adm. from GI, 11 I King: John Iiamden, call, 422 lenry, Sp. Pleader, 206, 299; call, 522 Kingdon, Thomas K., Sp. Pleader, 63, 101, 131, 213, 322, 370, 470, 512 Kingston, Frederick, Sp. Pleader, 595 King's Bench Office, 475 -476 King's Bench Walk and buildings: cost of rebuilding, 300; decaying building next door, 475 -476 No.2, 510 No.3, north, 367 No.4, ground floor south, 94, 97 No.4, two pair north, 128, 299, 318, 406, 523 No.5, 223, 256 ground floor north, 153, 157 No.5, ground floor south, 63, 494 256 No.6, ground floor south, 157 No.7, north, 74, 75 No.7, ground floor, 145 No.7, ground floor north, 336, 339 No.7, one pair south, 432, 433 No.7, three pair south, 28, 113, 318, 406, 523. 600 No.8, 21 22, 114, 256 No.8, ground floor north, 117 No.8, third floor south, 153, 157 No.9, 19, 20-21, 22, 26 -27, 72, 81 No.9, ground floor north, 129 No.9, ground floor south, 98, 130n No.9, one pair north, 44 No.9, one pair south, 28, 63 No.9, two pair south, 37, 224 No.9, third floor north, 224 No.10, 255 continues

619


INDEX King's Bench Walk and buildings: continued No.10, north, 318, 459, 460, 523 south, 208, 338, 406, 553 255 No.11, north, 63, 362, 523 No.11, one pair south, 114 No.11, two pair south, 224 No.12, 72, one pair south, 86 No.13, 72, 273 King's College Hospital, donations, 125-126, 127, 413, 426, 577 King's Counsel appointments, 41, 106 see also Queen's Counsel appointments King's Inn, Dublin, letter, 143; Library catalogue, 475 Kirkpatrick: Alexander Richard, bond, 233 John, call, 144 Kirwan, A. V., Library access, 494 kitchen, staff, 352; committee for planning remodelling, 501, 504-508, 524-535; supervision, 553-554 see also cooks Knight: Mr., (Clerk of the Works), Temple Church repairs, 237, 238, 277, 278 (2), 310; drawings, 279, 280, 310 Thomas John, adm. from MT, 18, 27 De Knight, James, (Deputy Pannierman), complaint, 66 Knowles, Townley Rigby, call, 17 Ladbroke, Felix Calvert, chambers at death, 153, 157 Laing, J. T., thanks to, 69 Lampard, James, (Waiter), salary, 529 lamplighters, 38, 352, 425 Lane: Charles, call, 11; Clifford's Inn, 567 John, Sp. Pleader, 46, 80, 125, 298; call, 433 Thomas, (Steward of LI), signature, 141 Langdale, Lord, (Bickersteth, Henry), (Master of the Rolls), (Master of the Bench), Treasurer (1836), 1-29; attendances, 1-29; committees, 10, 28, 54, 96, 129, 207, 317, 388, 467, 522, 600; Bench chambers, 37, 44 Law, Charles Ewan, (Recorder of London), (Master of the Bench), attendances, 1-606, bank stock, 3, 101, 107, 118, 144, 206; committees, 10, 27, 28, 54, 71, 96, 129, 130, 137, 153, 207, 298, 299, 317, 388, 422, 467, 522, 600; Master of the Library (1838), 54, motions, 60n, 71, 72, 319; Bench chambers, 63, 118; Treasurer (1839), 97, 103 Law Society of Upper Canada, 580 Lawson: Charles John, employer of Mr. Corner, 169 William Frederick, call, 44; chambers at death, 157; mentioned by Mr. Corner, 170 William J., chambers at death, 145

Laycock, Henry Stainton, call, 422 Leahey, Mr., chambers, 467 Leake, John M., (Master of the Bench of MT, Treasurer of MT 1843), committee, 394; letters, 485, 487; motion seconded, 602 Leathley, William Henry, Sp. Pleader, 421, 490, 574 Lee: Mr., choir, 492 William, (Master of the Bench), attendances, 544-606; Queen's Counsel, 563, 567; call Bench, 573; thanks to, 599 William, bad debt, 108; rent arrears, 172 Leigh, Patrick Brady, adm. from GI, 17 (2) Lempriere, Charles, chambers, 405 (2); call, 522 Lewin, Sir Gregory, (Master of the Bench of MT), committee, 482 Librarian, (Revd. William Rowlatt), salary, 95, 98, 143, 587-588, 589 Library: access to, 29, 42, 45 (2), 46, 56, 59, 84, 108, 137, 158, 203 (2), 213, 231, 292, 333, 367, 376, 393, 466, 494 509, 546, 579, 603 (2) catalogue, 7, 355, 363, 364 (2), 399, 410, 413, 475, 542 (2) Committee, 142, 143, 180-181, 355, 363, 370, 546, 605 gifts to, 31, 46, 47, 48, 52, 55, 56, 60, 64 (2), 65 (3), 74-75, 113, 138, 143, 145, 146, 148 (2), 155, 163 (2), 180 (2), 213, 223, 225, 232, 306 (2), 320, 361, 362, 365 (2), 377, 391 (2), 413, 421, 424 (2), 463, 494, 496, 510, 519 (2), 546, 558, 573 (2), 596 (2), 601 (2) insurance of, 71, 72, 75 Library Man, William Usher, salary, 41, 77, 114; relief petition, 589, 591 Master of the Library: (1836), 28; (1837), 54; (1838), 54; (1839), 96; (1840), 129; (1841), 208; (1842), 318; (1843), 388; (1844), 467; (1845), 523; (1846), 600 payment on call to the Bench, 106 Petyt Manuscripts, 53, 158 report on Library Manuscripts, 56 request to remove some material, 213 staircase, 410 The Times, 143 Liddell, Adolphus Frederic Octavius, call, 481 (2) Liefchild, Franklin, deposit and bond, 518 lighting, 425, 516, 575, 577 Lincoln, Lord, Metropolitan Buildings Bill, 434; Embankment proposals, 468 Lincoln's Inn: admissions from: 2 (4), 8, 11, 15, 17, 23, 38, 42, 47, 48, 54, 55, 59, 75 (2), 79, 80, 94, 107, 162, 267, 273, 319, 335, 365, 369, 420, 427, 462, 477, 512, 542, 546 (2), 577, 597; continues

620


INDEX

Lincoln's Inn: continued

Lushington: continued

admission ofJews, 271 Pyke, communication regarding Mr. 1-1.1-1. Gwynne, J.W. Mr. regarding 561-562; 579-582 uniform rules of all the Inns, 540-541, 546, 559 Steward of LI see Doyle, Michael; Lane, Thomas thanks to the Benchers, 74 see also Committees, Joint with other Inns lithographed reports, 331, 394 Littledale, Henry Anthony, adm. from LI, 319, 387 Llandaff, Bishop of, testimonial, 383

Edmund Hcnry, (Master of the Bench), attendances, 1 57; chambers at death, 110, I 13 I lenry, call, 207 Lyall, John Edwards, call, 44 Lydekker, Gerard Wolfe, call, 223; Examiner, 492 Lyndhurst, Lord, (Lord Chancellor 1841-1846), 321, 362, 473, 484, 486, 562; regarding Revd T. Smith, 592, 593 594 Lyon's Inn, nominations for Reader, 567

Macaulay: James, call, 62 Kenneth, call, 106, 113 Macdonald, James William, call, 129 Macflowall, John, call. 223

Lloyd: John, bond, 119 John Horatio, complaint papers sealed, 63; mentioned (but illegible), 82, 117, 119; motion to rescind 1834 Order, 214, 221; petition, 245; 245n, 247; barrister in Court of Exchequer, 322; requesting copy of 1834 letter, 336, 337; further petition, 381-382, 389-391, 392, 397; documents copied, 394; records searched, 432; mentioned, 497; case discussed, 513 -515, 519; letter, 545-546 Joseph Skipp, call, 17 Rowley Young, call, 600 Logan, James, thanks to, 148 London, Lord Bishop of, 266, 412, 415, 590 London Police Act see Police Acts Long, George, call, 47; bond, 204 Longlands, Master, (Master of the Bench of MT), committee, 394 Longley, William, resigned as Examiner, 105 Lonsdale, William, call, 207 Lord, James, adm. from LI, 42, 47 Lord Chancellor, 154, 156, 321, 362, 473, 484, 486, 562; regarding Revd T. Smith, 592, 593-594

Machen: Edward, bond, 381 Mr., choir, 491 Mackeson, William Wyllys, to call, 7; call, 8; complaint, 35 thanks to, 64 Maclean, C. MacLeod, Norman, deposit and bond, 41

Macnamara: I Ienry, Library access, 213; thanks to, 391, 519 James Dillon, adm. from GI, 115

Macpherson, William, call, 37 Malcolm, John George, Sp. Pleader, 17 Mallcott, Mr., (Mason), Temple Church repairs, 277 (2), 294

Manning, James, thanks to, 46-47 Marble Working Company, 309 Marett, Charles, call, 405 Markland. James H., chambers, 87-88 Marsh: George Ilenry, call, 166 Matthew lienry, call, 11; complaint, 35 Thomas Coxhead, 54 Martelli, Charles Henry Ansley. call, 11

Martin:

Lord Chief Baron of the Court of the Exchequer, (Sir J.F. Pollock), 489, 509, 511,

Edward H., (Sub-Treasurer), passim; duties of servants 76 -77; reporting on Police Committee, 147;Temple Church repairs, 235, 237; 262; preparing a statement of funds, 245; Accountant's Report, 301, 341; signature, 347n, 380n, 559; church seating, 379; mentioned in a letter, 394, 557 Samuel, (Master of the Bench of MT), committee, 482

537, 562, 563

Lott, Frederick Edwin, bond, 258 Lovat, Samuel, chambers, 87 Lowndes, John J., Sp. Pleader, 101, 131; thanks to, 163; call, 247

Lubbock, Sir John, 390 Lush, Robert, thanks to, 146; chambers, 460 Lushington:

Mason:

Dr. Stephen, (Master of the Bench), call Bench, 154, 155, attendances, 202-606; committees, 261, 404, 405, 423, 464, 478, 495, 516 (2), 522, 541, 547, 593, 600; Bench chambcrs, 523, 553; nominated preacher, 590; motions, 404, 415, 421, 423 (2), 496, 591, 592; Ecclesiastical Courts Bill, 415; chambers, 467; mentioned in a petition, 483

Robert, (Waiter), salary, 530 William, (Waiter), 320 Massey, William Nathaniel, name change, 230; call, 481 Master of the Choir see Calvert, Mr. Master of the Library see Library. Master of the Library 621


INDEX

Master of the Rolls, Henry Bickersteth, 2n; precedence after the Treasurer, 45; regarding James Watson, 556 Master of the Temple see Benson, Revd. Christopher; Robinson, Revd. Dr. Thomas Master of the Temple's House and Garden, 75, 160, 175, 195, 196, 198, 199, 200, 205, 220, 225, 226, 227, 229-230, 285, 323, 326, 408, 415, 446, 577-578, 582-583, 584, 589 Masters of the Bench, limiting numbers, 137-138, 292, 298, 593, 599, 601 see also Calls to the Bench; Committees, Benchers Maude, Frederick Philip, Sp. Pleader, 318, 377 Maugham, R. (Secretary, Society of Attorneys), memorial, 5 Maule, William H., fire, 67, regarding Mr. J.H. Lloyd, 515 Maurice, Frederick Denison, bond, 55 Mayers, John, (Master of the Bench of MT), committees, 394, 437 Mazzinghi, Thomas John, Sp. Pleader, 6, 34, 65, 105, 143, 229; call, 338 McMahon, James, adm. from LI, 2, 3 Medlicott, William Henry, chambcrs, 74, 76; chambers at death, 336 Mellish, George, Sp. Pleader, 206, 388 menus, 583 Merewether, Henry Alworth, call, 47 Metcalfe: Thomas, thanks to, 31 William James, call, 573 Metropolitan Police Act see Police Acts Meymot, Frederick W., Sp. Pleader, 8 Micklethwait, Frederick Nathaniel, call, 361 Middle Temple: admission of Jews, 271 admissions from, 18, 23, 27, 28, 361, 370 considering the ratings under thc City of Police Act, 132 Embankment proposals, 599, 603, 604 Hall see Temple Church, services during repairs legal education, 602 members from London and Durham universities, 462-463 Orders, 274, 319, 393 (2), 431, 434, 453 454, 481-482, 495-496 payment of Mr. Rowlatt, 574-575 (2), 584 Sub-Treasurer of MT see Eldred, Edward Temple Church repairs and choir, see Temple Church; Committees, Joint with other Inns wages for William Rowc, 569, 587 Middle Temple Lane, Macadamizing, 48, 84, 410 Miller, John, (Master of the Bench of LI), attendance, 138 Mills: Ann, death, 213 Arthur, call, 361

Mills: continued John Hillam, call, 422 Paitfield, call, 167, 168 Thomas, (Turnspit), petition, 498-499, 500, 519; salary, 533 Milman, William, call, 247, 259 Milne, Alfred, call, 582 Minshull, George Rowland, (Master of the Bench) committees, 28, 54, 96, 129; Reader (1839), 97; Treasurership, 130; death, 182; chambers at death, 182, 208 Minton, Herbert, (Potter), Church flooring, 219, 253 misconduct, barristers' 496, 497-498, 501-502, 503-504, 548-549, 554-556, 561-562, 566, 585-586 Mitchell, Frances, (Dishwasher), salary, 534 Mitre Court, shop window, 48; land for sale, 353-354, 365 Mitre Court Buildings: insurance, 73; chambers, 339; 273, 467 273 Molyneux, Edward Elcock, Sp. Pleader, 399, 489; call, 503 Moncrieffe, Peter, call, 55 Money, William, chambers, 21, 130n Montague, William, (City Surveyor), letters regarding fees, 5-6, 12-13 Montriou, William Austin, call, 37 Moon, Robert, call, 481 Moore: Francis, call, 7 John Alldin, Sp. Pleader, 459, 512, 595 Morgan, Mr., (Actuary), Harcourt Buildings expense, 16; assessing No.I4 Paper Buildings whcn complete, 87; valuing chambers, 352 Morley, George Hart, call, 113 Morris, Mowbray, call, 273 Morton, Thomas Charles, adm. from LI, 42, 44 Moscatt, William, (Waiter), salary, 529 Mott, John Thomas, bond, 42 Munn and Co., (Bricklayers), 252; accounts, 447 Musgrave: Richard, bond, 420; keeping terms, 483; call, 503 William, keeping terms, 483 Mynors, Robert, adm. from LI, 369, 387 Nash, S.A., (Woodcarver), 238n Naylor, Thomas Hack, call, 317 Neale, W. Johnson, Library access, 108 Nesbitt, Cosby Thomas, Sp. Pleader, 210; call, 405 Nesham, John Douthwaite, chambers at death, 565, 579 New Exchequer Office, 72 New Parliament Chambers, insurance, 72, 75 Newcombe, Daniel Eccles, call, 367 622


INDEX

Newland, John, (Master of the Bench of MT), attendance, 184; Temple Church repairs, 159, 238, 260, 266, 267, 436; divine service, 266; accounts investigation, 444 Newman Knowley's, letter signed, 13 Newman, William James, bond, 494 newspapers, 143, 144 Nieholl: John, M.P., Ecclesiastical Court Bill, 415, 427-428 John Whitlock, call, 207 noise, Crown Office Row, 215 Norman, John Paxton, Sp. Pleader, 459, 524, 599

Office Clerks, Accountant's Report, 340 347 see also Gardner, James Officers and Servants of the House, list to be madc, 320: committee to consider salaries and allowances, 508, 510, 524-535, 546; board wages during vacation, 11, 14, 26, 42, 53, 74, 94, 112, 128, 152. 206, 234, 307, 360, 377, 421, 462, 493. 520, 567, 598 Ogers, Mrs., widow of painter, 116 Ogle, Savile Craven Henry, call, 17 Old Parliament Chambers, insurance, 72, 75 Oldfield, Edmund, call, 367 Oliver, Lionel, call, 27 Oliver & Raven, Messrs., chambers, 510 Oliverson & Co, Messrs., 390 organ and gallery, 77, 89, 159, 185-187, 191, 201, 216, 250, 288, 296, 324, 407, 437- 440 organists, 386, 428, 431, 434, 452-453, 454 (2), 462, 491, 492 Outer/Utter bar, 106, 109, 110, III. 112, 117. 153, 154 Owen: Herbert, call, 17 Samuel, fitness for the Bar, 149- 151 Oxford, Edward, attempt on Queen's life, 173n

Pacey, John, chambers, 110, Ill Packer, Charles, call, 223 Page, Mr., Embankment proposals, 471 Pakenham, Arthur, bond, 8 Palgrave, Sir Francis, Deputy Keeper of HM Public Records, 219 Palmer: Francis, call, 44 Geoffrey, call, 82 Palmes, William Lindsay, bond, 595 panniermen/women, complaint against Deputy, 66; Bar Auditor's Report, 67- 68; letter from, 74; Mr. Williams, 77; committee, 107; kitchen remodelling, 504-508; salary, 352, 525- 529, 535, 541-542 Panter, John Edward, call, 129

Paper Buildings: (previously known as Sir Robert Sawyer's Buildings), fire, 67, 77, 78; contents cleared out, 69; enquiry into fire requested, 69 70; plans for, 71; Bench chambers, 77, 92, 96; consideration of reconstruction postponed, 78; reconstruction of chambers, 80 (3); plans adopted, committee formed, 83; committee report, 85- 88; rents, 162, 164-166; renumbering, 166; cost of rebuilding, 300; basement chambers, 476 No.1, 124 first floor, 171 406, 468 No.2, one pair north, 299, 317, 335, 338 No.2, two pair south, 462, 465, 521 -522 No.3, ground floor south, 182 No.3, one pair north, 406 No.3. one pair south, 398 No.3, three pair south, 338, 516, 523, 550. 553 No. II, 256, 389, 398 No.11, area north, 598 No.11, area south, 152 No.11, ground floor north, 152 No.11, one pair north, 182, 207, 512, 523 No.11, two pair north, 111 two pair south, 317, 406, 494 389, 398 No.12, 256: staircase, 232 No.12, down the steps north, 114 No.I2, north, 85- 86, 89, 90 No.12, ground floor north, 86, 165, 182 No.12, ground floor south, 76, 82, 86 No.12, one pair north, 82, 86 No.12, one pair south, 335, 339 No.12, two pair north, 86 No.12, three pair north, 86 No.13, insurance, 135 No.13, north, 87 No.I3, south, 86, 165 No.13, down the steps south, 97 No.13, ground floor north, 86, 87 No.13, ground floor south, 86, 113, 165 No.13, one pair south, 86, 165 No.13, two pair north, 87, 90 No.13, two pair south, 86, 165 No.13, three pair north, 86, 165 No.I3, three pair south, 44, 86 No.14, 135, 256 No.14, north, 87 No.14, south, 87 No.14, ground floor north, 87, 165 No.14, ground floor south, 67, 87 No. 14, one pair north, 87 No.14, one pair south, 86 No.14, two pair north, 88, 165 No. 14, two pair south, 64, 86 No.14, three pair north, 165 No.14, three pair south, 86, 88, 89, 97, 165 623


INDEX

Parke, James. Baron of Exchequer. regarding Mr. H.H. Pyke, 586 Parliament, Acts of: Ecclesiastical Commissioners Act (1836), 27 Land revenue and management of the Crown Estates (1829), 25 London Building Acts (1774), 12 -13 see also Police Acts Parliament, Bills of: Ecclesiastical Courts Bill, 412. 415, 418, 427, 486 for improving communications in the metropolis, 171, 468, 471, 476, 477-478 for thc poor in Extra-parochial Places, 16 Metropolitan Buildings Bill, 434-435 Pluralities Bill, 88 (2) Poor Law Amendment Bill, 231 To Amend thc Laws Regulating the Admission of Barristers in Ireland, 360 Parliament, Inner Temple Acts: Office of Alienation (1610 and 1667), 31-32 Parnell, Hugh, (Jnr.), call, 600 Parry: George Williams, Sp. Pleader, 38 Mr., transferring briefs in the Central Criminal Court, 571-572 Parsons: Charles, (Lamplighter), deceased, 425 Koturah, widow of above, 425 Partridge, Henry Champion, bond, 420 Pashley, Robert, adm. from LI, 47, 54 Patterson, William Talbot Nugent, call, 75 Patteson, Mr. Justice, regarding Mr. J.H. Lloyd, 390; regarding Mr. H.H. Pyke, 585 Paul, J., rent arrears. 68 Payne, Mr., transferring briefs in the Central Criminal Court, 571 Peacock, Barnes, call, 7; Lyon's Inn, 567 Peard, John Whitehead, call, 54 Peel: Jonathan, Library access, 46 Sir Robert, regarding Mastership of the Temple, 563, 569, 570 Peers, Charles, bond, 573 Peirson, George Carr, call, 166 Pemberton, Thomas, (Master of the Bench of LI), attendances. 138 Pemberton Crawley and Gardiner, Messrs., (Solicitors), 73, 332, 333, 351 354 Penfold, Hugh, call, 47 Pennethorne, James, letter regarding Alienation Office, 231 pensions, asscssLd single, 11. 26, 42. 53, 74. 94. 112, 128. 152, 206, 234, 307, 360, 377, 421. 462, 493, 520, 567, 598; notice of, 167, 339 Pensions & Preachers duties, 109, 301, 302, 341. 347n Peppercorn, William, (Watchman), pension. 89, 93n

Perceval, Hon. Edward, chambers at death, 152, 157 Percy, Joseline William, bond, 563 Peter, John Thomas Henry. call, 223 Philipps/Phillipps/Phillips: Charles Spencer March, call, 166 Edward Berry, deposit, 362 Frederick Jacob, deposit and bond, 43 John Henry, bond, 105 John Spencer, proposed call, 318; call, 338 Joseph, Sp. Pleader, 128, 207 Richard Nathaniel, Sp. Pleader, 211; name altered, 267; call, 273 Samuel, (Clerk of Temple Church), resignation, 39 Thomas, adm. from GI, 365, 367 William, deposit and bond. 466 Phinn, Thomas, call, 207 Pickering, Percival Andrcw, Sp. Pleader, 41; call, 75 Piggott, Mr., misconduct in 1689, 497 Pike, Joseph, regarding conduct of James Watson, 548, 549, 555 Pinney, William, bond, 23 Pizzey, John, regarding conduct of James Watson, 548, 549, 554 Plampin, John, relief petition, 425-426 Platt: Charles, adm., 152 Edward, call, 129 Thomas Joshua, (Master of the Bench), attendances, 1-606; considering a petition from Mr. Blandford, 24; committees, 26, 104, 113, 298, 392, 422, 455, 463 (2), 464, 478, 495, 516, 522, 547 (2); Bench chambers, 118, 224, 338, 495, 523, 550. 553; son adm., 152; rates, 359; report signed, 364; motions, 395, 400, 425, 429, 466, 478; thanks to, 429; app. Baron of thc Exchequer, 550 Police Acts, 126, 127, 132-135, 137, 141, 364, 455 policing, 126, 127, 132-135, 137, 141, 147, 157, 455-456, 592 (2) Pollock: Charles Edward, Sp. Pleader, 548, 599 David. (Master of the Bench of MT), Temple Church repairs, 184. 260, 267; divine service, 266; marble from Temple Church, 431, 452; committees, 437, 444; choir, 496; George Frederick, call, 433 Sir (Jonathan) Frederick. (Attorney General) (Master of the Bench), attendances, 1-57. 136-473; committees. 10, 26, 27, 28, 52. 53 (2), 54, 60, 96, 126, 129, 130, 207, 317, 388, 422, 467; Treasurer (1837), 28, 30; Bench chambers, 44, 63, 489, 494; app. Lord Chief Baron of the Exchequer. 489; notice, 75: insurance trustee. 78: continues

624


INDEX

Pollock: continued Sir (Jonathan) Frederick, continued name in Hall, 158; regarding Messrs. Wilde, 168; Library, 180-181; Temple Church repairs, 186; motions, 78, 179, 221, 420 (2), 422; amending Oliver Goldsmith's monument inscription, 259; regarding Mr. Smith the Preacher, 349; purchase of marble, 452; promotion, 489; regarding Mr. Spedding, 603 William Frederick, call, 62 Poison, Francis, Library access, 84 Ponsonby, William Gledstanes, call, 54 Poor Law Amendment Bill, 231 poor relief, 388, 484-485, 486, 488, 489 porters, 38-39, 43, 70, 92, 93, 129, 209, 348, 352, 481, 526, 534-535 Pott: Mrs., tablet request, 174 William, death, 114; Bench chambers, 118, 125; request from wife, 174 Potter and Garrett, (warming contractors), Temple Church, 187, 252, 253, 313-314, 440 Powell: Charles, chambers, 434 William, Sp. Pleader, 535 Powys, Philip Lybbe, call, 422 Preachers, duties, 109, 302, 341, 343; afternoon preachers, 183. 209, 394-395, 400; Reader's duty, 400 see also Smith, Revd. Theyre T. Preston: Richard, (Master of the Bench), attendances, 1-606; Bench chambers, 63, 362, 406, 494; committees, 52, 113, 547; Master of the Library, 467; Reader (1844), 467, 503; letter, 517; Treasurership, 517, 518, 520 William Thomas, call, 207 Price, Edwin Plumcr, call, 223 Prideaux, Charles G., thanks to, 424 Primrose, Bouverie Francis, deposit and bond, 98 Prince Albert, address to, 171, 173; response, 179-180 Property tax payments, 410-411, 414, 450, 451 Prowett, Charles Gipps, adm. from LI, 462 de la Pryme, Charles, adm. from LI, 577, 582 Pugh, David, call, 44 Pugin, A.W., (Architect), 260 Pulling: Alexander, Sp. Pleader, 335; thanks to, 361; petition for call, 419; call, 433 George Christopher, father of the above, 419 Pullman, ELC., (Waiter), salary, 530-531 Pullum: Henry, (Watchman), half-pay, 93n Mr., (Messenger), 341 Pyke, Henry Hugh, misconduct, 561- 562, 585-586

Queen Victoria, Coronation dinner, 88; marriage dinner, 145, 146; attempt on life, 168, 173 Queen's Counsel appointments, 110-111, 112 (2), 154 (2), 298, 421, 512, 563, 567, 568; James Russell, 337, 339, 359, 421- 422, 563 -564, 566 see also King's Counsel appointments Queen's Inn, Dublin, 81 Quint, James, fire-lighter, 376, 379; wages, 380n Radford, Thomas, disbarred and bond, 203, 206 Raffles, Thomas Stamford, Sp. Pleader, 182; call, 317 Railton, William, (Architect), regarding app., 260, 262, 265 Ram Alley, No.1, 365 Raphael, Edward, call, 247 rates, 131 134, 147, 157 Police, 259, 359 360, 407 Ward, 359, 362, 364, 407 Rathbone: William, adm. from GI, 15, 17 Bayly, keeping terms, 64 Ray, Robert, (Master of the Bench), committees, 28, 54; Bench chambers, 63 Reader: (1837), 28; (1838), 54; (1839), 97, 106, 117; (1840), 129, 166; (1841), 206, 208, 273; (1842), 318; (1843), 388, 433; (1844), 467, 503; (1845), 518, 523, 582; (1846), 600 Reader of Temple Church see Rowlatt, Revd. William I lenry Recorder of London, (The lion. Charles Ewan Law), 60, 71, 72, 137, 422, 562, 572 Reeves, Mr., (Ward Clerk of Farringdon Without), letter, 131-134, 147 Remmett, Robert, Sp. Pleader. 366, 601 Rendall, John, call, 552 Rennie, Matthew Boulton, deposit and bond, 14 rents, request for reduction, 20, 23; arrears reported by Bar Auditor (1838), 67-68; committee considering, 104, 108- 109; Accountant's Report, 299-306; Finance Committee Report, 340 346 Rew, William Andrew, call, 503 Reynardson, Henry Birch, call, 387 Richards: Griffith, (Master of the Bench), attendances, 136 333, Queen's Counsel, 110- III, 112; call Bench, 113; Bench chambers, 318; keeping terms, 377, 397, 420; chambers at death, 459, 467 Robert Vaughan, (Master of the Bench), attendances, 103-606; Queen's Counsel, 110- Ill, 112; call Bench, 113; motions, 154; Temple Church porch, 232; keeping terms, 259, 268; Bench chambers, 318; regarding Mr. Busby, 468, 469; committees, 501, 535, 560; kitchen matters, 554

625


INDEX

Richardson: Mr. Edward, (Sculptor). restored effigies, 509 Joseph John, adm. from LI, 54, 55 Nathaniel, (Chief Porter), promotion, 39; insured his life, 43; salary, 534 Richard, bond, 595 Rickards, George Kettilby, call, 47 Ridge, George Chamberlaine, bond, 509 Ridley, William, deposit and bond, 370 Ritchie, William, call, 361 Sir Robert Sawyer's Buildings see Paper Buildings Roberts: Hannah, relief petition, 456-457 Henry, call, 11 Joseph, cleaning church, 375, 379, 380n Lewis, (Under-Usher), deceased, 433; family of, 456-457 Robertson, James Lockhart, call, 317 Robins, Edward, mentioned in a letter, 150 Robinson, Revd. Dr. Thomas, (Mastcr of thc Temple), recommended, 569, 570; app., 577, 578; invited to dinc, 577; house of, 577-578, 582-583, 584, 589; church cleaning, 591; letter regarding daily service, 596 Robson, George Young, call, 62 Roe, Mr., choir, 492 Roebuck, John Arthur, (Master of the Bench), attendances, 396-606; Queen's Counsel, 421; call Bench, 422 (2); petition considered, 499; committees, 501, 522, 605; opposition regarding petition, 519; report signed, 524 Rogers: John (Jnr.), call, 7 John Jope, call, 361; Lyon's Inn, 567 Francis James Ncwman, (Master of the Bench), attendances, 30-606; King's Counsel, 41; call Bench, 42; committees, 83, 130, 392, 404, 547; viewing chambers, 119, 128; Bench chambers, 208, 338, 495, 523, 553; thanks to, 145; motions, 274, 277, 298, 316, 336, 348, 364 (2), 367, 376, 388, 392, 407, 426, 473, 577, 587; keeping terms, 481, 584 Rolfe, Robert, Baron of the Exchequer, regarding Mr. H.H. Pyke, 586 Rolls Chapel, 589 Rolt, John, call, 47; regarding Mr. J.W. Gwynne, 581 Romaine, William Govett, call, 106 Romilly, Charles, call, 7 Roope, Richard, call, 582 Roots. Augustus, Conveyancer, 49; call, 106 Roper, Frank, Sp. Pleader, 590 Roscoe, Henry. bad debt, 108 Rose, Sir George, (Master of the Bench), attendances, 1-606; bank stock, 3, 101, 144; committees, 17. 19, 28, 35, 53, 54, 60, 65. 94, 96, 126, 129, 130, 207, 298, 317, 387, 388, 404, 464. 467, 478. 516, 522, 541. 574, 600;

Rose, Sir George, continued report on Library manuscripts, 56; motions, 60; sale of bank stock, 107, 118, 144, 206; illegible but mentioned, 116; Bench chambers. 317, 318; report signed, 363; Firc Insurance Fund. 367; regarding Mr. H.H. Pyke, 562 Rothery: Charles Frederick, call, 573 William, call, 166 Rough, Sir William, chambers, 95, 99 Round, Edmund, call, 553 Routh, Martin Joseph, keeping terms, 601-602 Rowe, William, (Foreman of the carpenters), payment, 77; gratuity, 432, 452; polish estimate, 435; app., 569 Rowlatt, Revd. William Henry, (Reader of Temple Church and Librarian), salary, 98, 466, 478; letter, 183, 209; sermon money, 232, 234; gratuity, 259, 274, 277, 298, 316, 336-337, 348, 367, 376, 388, 473; sacrament money, 274, 299, 367, 376, 388; Library catalogue, 364 (2); church seating, 375, 379; letter to Mr. G. Chilton, 394-395; preaching duty, 400, 418; payment, 455, 466, 493, 584, 586, 587, 598; services, 539-540; remuneration, 567, 574, 575 (2), 577; letter and allowance, 587-589 Russell: Francis, call, 247 Henry, bond, 6 James, made a complaint, 35-36; mentioned in a letter, 61; Queen's Counsel, 337, 339, 359, 421-422, 563-564, 566 Rutherford, Thomas, call, 62 Ryland, Mr., regarding Mr. H.H. Pyke, 585 Ryley, Robert Ralph, call, 27 St. Dunstan's, 157, 171; donations, charity schools 484-485, Rolls Chapel, 589 St. John, Edward William, call, 273 Saker: Richard, (Waiter), salary, 530 Thomas, (C'ook's Assistant), salary, 533 salaries and allowances, 352, 546; kitchen staff, 505-506, 524-535; committee for, 507, 508, 510; board wages during vacation, 11, 14, 26, 42, 53, 74, 94, 112, 128, 152, 206, 234, 307, 360, 377, 421, 462, 493, 520. 567, 598 de Salis, William Andrew Fane, call, 7 Salmon, Edward, call, 387 Sanders, Thomas, call, 106 Sandford, Charles, 377n, see Winston, Charles Saunders & Bennings, Law Booksellers, 455 Savage, James, (Architect), Temple Church repairs, 176. 177, 178, 185, 186, 186n, 188, 194, 196, 440-450; report, 198-199; 199n; organ, 201; reports to thc Church Committee. 215, 216, 217. 218-221; alternative plans for thc cloister, 226; continues 626


INDEX

Savage, James, continued cost of repairs, 235-244, 248- 249, 252 254, 258, 259, 261, 324, 327; drawings and plans, 263, 268, 278, 278-281 (2), 310; dismissal, 276, 282, 285, 286; letter from, 278-280, 280-281 (2), 282-283; meeting with the Church Committee, 283-286; examination of accounts, 294, 310, 311, 312; claim for payment, 475, 482, 488, 489 Saward, James Townsend, call, 207 Sawbridge, Edward Henry, bond, 47 Scarlett, James Williams, call, 82; 84 (2) Schoole, Michael, misconduct in 1788, 497 schooling, 484 485 Scott, Robert, (Extra Clerk), 341, salary, 425 Scriven, John (Jnr.), call, 47 Seager, Fanny, (widow of Under-Washpot), pension, 66 Sequin, Mr., choir, 491 Serjeant Hampson's Buildings, 44, 129, 224 Sexton see Temple Church, Sextons Shadwell, Sir Lancelot, (Master of the Bench of LI), attendance, 540 Sharpe, John Charles, sale of bank stock, 101, 107, 118, 144, 206 Shaw, Patrick, thanks to, 64 Sheffell, James, (Lamplighter), gratuity, 38 Sheriff, James Watson, keeping terms, 37; call, 82 Sherwood, Thomas Moulder'. bond, 116 Shoubridge, Mr., choir, 387 Simmons, Thomas Frederick, deposit and bond, 595 Simpkinson, John Augustus F., (Master of the Bench of LI), attendances, 138, 540, 541; letter. 579 Simpson: J., (Waiter), salary, 530 Jeremiah, (Solicitor to the Society), purchase of the Alienation Office, 24, 26, 65, 73, 122-123, 126, 127, 231, 332-333, 353, 354; rents, 68; chambers, 107, 432, 433; Thames Embankment Bill, 171; Poor Law Amendment Bill, 231; letters regarding Mitre Court, 353; death, 399, 403 Sismey, George Deane, call, 552 Skelton: John Dodson de, call, 503 Tom, No.17 Fleet Street, 348 Skinner, Allan Maclean, adm. from LI, 55, 59 Skirrow, Walker, (Master of the Bench of LI), attendances, 138 Sloan, Mr., (Stationer), shop window, 48 Sloan, Thomas, letter, 485 Smale, John, call, 361 Smirke: Edward, chambcrs, 367 Lady, meeting with Sir John Beckett, 269 -

Smirke: continued Sir Robert, (Architect and Surveyor of the Society) mentioned in a letter, 6; report regarding the expense of building at Ilarcourt Buildings, 16; report on the state of No.9 King's Bench Walk, I 9; report on the state of Inner Temple Hall, 20; letter regarding the arrangement of No.9 King's Bench Walk, 22; committee, 26; Hall repairs, 48; Old Library Staircase; 64; letter regarding price of the Alienation Office, 65; Paper Buildings, 69, 71, 80, 81, 85, to commence building, 88; regarding insurance sums, 73; BTO sent, 74; valuing chambers, 88, 89; entrance to Parliament Chamber, 110; letter regarding Mrs Ogers, 116; examining Temple Church, 121, 123; Temple Church repairs, 148, 153, 158, 436; ill health, 185, 269, 442, 443; Alienation Office valuation, 228; advising on Temple Church repair costs, 241-244, 248, 249, 258-260; app. of architect, 262, 265, 268, 269-270; repair of Alienation Office, 354; Paper Buildings, 389, 398; letter regarding chambers occupied as the King's Bench Office, 475-476; resignation, 545, 547, 557 Sidney, (Architect and Surveyor of the Society), Temple Church organ, 185, 186, 201; 265; suggested to take thc place of his brother, 270, 271; letter regarding state of Temple Church repairs, 275-276; commencing works, 277-278; letter from Mr. Savage, 278-279, 281; accounts and drawings, 280- 281; report of remaining work, 286-289; letters, 290-291, 309, 310; reports, 292-294, 295-297, 308, 312, 313-315, 315-316, 356-359; porch, 372 (2)-373, 460, report regarding monuments, 325-327, 328-331 (2), 368-369; cost estimate 327, 408, 447, 448; polishing marble, 435; accounts, 444; Church cleaning and seating, 456; app. Surveyor of the Society, 551, 556-558; pavement at Crown Office Row, 574, 590; gas, 575, 577; report on the Master of the Temple's House, 582-583 Smith: Graham, deposit and bond, 512 John, call, 96 John William, burial, 604; tablet, 605 Ralph, chambers, 69, 97; bond, 153 Revd. Theyre T., (Preacher at Temple Church), 126, 274, 349; payment, 157, 415, 468, 512, 591; services dispensed with, 591, 592; letter from the Treasurer, 593-594 William, (Butler), app., 49; salary, 528 Smyth, William, adm. from LI, 42, 207; Sp. Pleader, 47, 95, 128 Smythies, John Kinnersley, call, 17

627


INDEX

Snow, Revd. Mr., testimonial, 383 Society of Attorneys, Solicitors, Proctors etc., memorials, 4-5, 113, 121, 145 Solicitor, Society's, 65, 68, 107, 127, 332, 353, 412, 415, 469, 486 see also Simpson, Jeremiah; Chilton, Hcnry C. Solicitor General see Follett, Sir William Wcbb Somerset, Arthur Edward, call, 113 Sotheby, Charles, No.I 7 Fleet Street, 348 South Sea Annuities, 291 Sowton, William March, call, 106, 107 Special Pleaders, admittance to Church of wives, 463 Spedding: Anthony, call, 11 James, Library access, 603 Thomas Story, bond, 13 Spence, George, (Master of the Bench), attendances, 1-606; committees, 54, 94, 96, 126, 129, 130, 142, 153, 207, 230, 286, 298, 365, 370, 388 (2), 436, 444, 455, 464, 467, 471, 510, 522, 556, 600; motions, 81, 89, 90, 233, 234, 248, 355, 399, 412, 414 (2), 432, 433, 453, 486, 488, 542, 576; Bench chambers, 113, 406, 494; viewing chambers, 114, 117, 365, 366; planning a dinner to honour the Queen's marriage, 145; waiting on thc Lord Chancellor, 156; Church entrance, 221, 232; cost of Temple Church repairs, 236, 238, 244, 316, 407, 408; app. of architect, 266, 267, 268; divine service, 266; Bench dinners, 294; plans for a cloister, 323; considering land at Mitre Court, 353; gift to thc Library, 421; circular, 453, 454; report signed, 463; Master of the Library, (1845), 523; Reader (1845), 582; Treasurer (1846), 600 Spinks, Frederick Lowten, call, 422 Sprainger, R.R.J., Library access, 59 Spranger, Mr., (wine sale), 173 Stansfield, James, Sp. Pleader, 522 Stapylton, Robert George, bond, 459 Starkie, Thomas, (Master of the Bench), attendances, 1-606; committees, 27, 65, 88, 104, 113, 142, 153, 167, 168, 230, 261, 331, 388, 422, 455, 464, 471, 480, 510, 516, 541, 556; motions, 146; Bench chambers, 208, 318, 406, 523, 553; rates, 359; reports signed, 363, 364, 463; banisters' misconduct, 496, 497; Master of thc Library and Reader (1846), 600 Stephenson, Sir Benjamin C., referred to in a letter, 127 Steward of Gl see Griffith, Thomas Steward of LI see Doyle, Michael; Lane, Thomas Stocks, Bentley, Sp. Pleader, 92; call, 387 Stoddart, John, thanks to, 494 Storey, Thomas Kemp, bond, 23 Story, Mr. Justice, (American Lawyer), 605 606 Strong, Henry Linwood, call, 481

628

Stuart, John, (Master of the Bench of LI), attendances, 138, 540, 541 students' deposits, Accountant's Report, 300, 302 Sub-Treasurer/Under-Treasurer of IT see Martin, Edward H. Sub-Treasurer of MT see Eldred, Edward Sugden, John, deposit and bond, 233 Sun Fire Office, payment from, 166 Surtees, Frederick Richard, call, 106 Surveyor of the Society, 545, 547, 550-551, 556-558 see also Smirke, Sir Robert; Smirke, Sydncy Sutherland, Dr., medical testimony, 382; regarding Mr. Busby, 468, 469, 470, 565, 596-597 Suttor, Edwin Clark, call, 573 Swanston, Clement T., (Master of the Bench of LI), attendances, 138, 540, 541 Swayne, Henry James Fowle, call, 582, 584 Sweet, George, call, 106 Sweetland, Charles Flint Bright, deposit and bond, 518 Sykes, Edward, adm. from LI, 512; Sp. Pleader, 542, 598 Sylvester, John, letter signed, 13

Talbot: Edward FitzRoy, call, 113 Hon. John C., (Master of the Bench of MT), marble from Temple Church, 431; committees, 477, 482; reports signed, 480, 490 James, bond, 388 Talmadge, William, Sp. Pleader, 298, 392 Tanfield Court: window from Temple Church, 195; entrance to Temple Church, 221; possible site for the cloister, 323, 325 72 two pair south, 63, 118, 208, 596, 600 72 Taprell, William, call, 207 Tarrant, George Binsteed, complaint, 35 Tassell, Robert, call, 433 Tayler, William James, call, 17, 18 Taylor: Gawan, lunatic, 595-596 George, call, 129 Temple: Christopher, (Master of the Bench of LI), attendances, 138, 540, 541 Edward, money to set up as a wheelwright, 14 John Charles, Sp. Pleader, 204 Temple Church: altar and screen, 160 -162, 174-175, 176, 178, 193, 195, 200, 205, 210, 288, 357, 408, 427, 437, 438, 461; continues


INDEX Temple Church: continued

flooring /paving, 176, 178, 199, 218, 219, 241, 250, 253, 287, 288, 289, 324, 357, 372, 375, 437, 438, 439, 441 Heraclius, Bishop's monument, 195, 199, 275, 276, 278, 280, 287, 329 lighting, 408, 461-462 mason, 236-253, 278, 279, 285, 293, 297, 443, 446 see also Barratt, Barnabus; Burnell, George; Mallcott, Mr. Master of the Temple see Benson, Revd. Christopher; Robinson, Revd. Dr. Thomas; Master of the Temple's House and Garden monuments and tablets, 160, 161, 162, 174, 175, 184, 188, 191, 195-196, 198-199, 200 (2), 205, 210, 216, 217-218, 219, 220-221, 222 (2), 225, 229, 237, 259, 285, 289, 293, 295, 310, 311, 314, 319, 322-331, 332, 352, 355-356, 357-359, 361, 368-369, 371, 373, 378, 407, 437, 438, 440, 441, 445, 446, 509, 592, 593, 605; William Pott, 174; John William Smith, 605 see also cloister organ and gallery, 77, 89, 159, 160-162, 174, 177-179, 184-187, 189, 191, 193, 194, 198, 201, 216, 241, 250, 287-288, 293, 296, 324, 407, 436-441, 447, 450, 461 organists, 383, 384, 386, 428, 431, 434, 452-453, 454 (2), 462, 490-492 painting /decoration, 191, 200, 202, 240, 241, 356-358, 440, 445 see also Willement, Mr. porch, 160, 162, 175, 194, 198, 205, 210, 213, 232, 288, 372-373, 407-408, 437, 440, 441, 460 preachers see Preachers; Smith, Revd. Theyre previous repairs, 120, 188-190, 200, 218 pulpit and font, 160, 161, 175, 176, 193, 205, 210, 288, 408, 409, 437-438, 446, 448, 461, 477 Reader of Temple Church see Rowlatt, Revd. William Henry repairs, initial discussions, 47, 120-121, 123, 148, 159; suspension of, 234; cost of, 210, 235-245,249-254,322-324,325-327, 370-373, 407-409, 447-449, recommencing works, 276, 278, 286, 289, 291 see also Committees, Church, and Joint; and under individual architects for reports roof /vaulting, 120, 123, 160, 162, 175, 187-192, 201, 202, 216, 276, 278, 288, 289, 297, 309, 315, 357-359, 368,-369, 409, 437 seating /pews, 90, 99, 161, 175-178, 193, 199, 200, 238n, 287-288, 296, 297, 312-315, 319, 322, 324, 327 (2), 329, 331, 368, 373-375, 378-379, 392, 400, 407, 408, 421, 423, 426, 429, 430-431, 437, 438, 441, 444, 445, 448, 456, 461, 547, 551-552 services see divine service services during repairs, 196-197, 203, 204-205, 261-262, 266-267, 312, 314 continues sextons, 375, 430, 510;

architects, remuneration, 289, 309, 447-448, 450 see also Church Committee, reports; Burton, Decimus; Savage, James; Smirke, Sir Robert; Smirke, Sidney ashlar and masonry, 177, 200, 220, 287-289, 293, 295, 315, 357-358, 409, 440 bell /turret, 190, 215, 217, 219, 222, 288, 441 books, 174n, 320, 330n, 509 bricklayers, 252 see also Munn and Co. burials and churchyard, 187, 196, 205, 210, 295, 296, 372, 378, 446, 604 carpenter, 443 see also Rowe, William; Vigers, Mr. ceiling, 20, 161, 162, 175, 187-188, 192, 194, 196, 198, 200, 201, 202, 218, 233, 235, 250, 252, 253, 288, 293, 296, 297, 315, 357, 358, 437, 440 choir, 376, 381, 382-387, 392, 393-394, 402, 404-405, 408, 410, 413-414, 416-417, 421, 423, 428, 430-431, 432, 434, 451, 453-454, 464, 465, 489, 490-492, 493, 495-496, 539; music and books, 95, 158, 385, 410, 432, 464, 465, 466, 470 (2), 471-472, 480, 491 see also Calvert, Mr. (Choir Master) cleaning /polishing, 293, 296, 297, 309, 375, 376, 379-380, 435, 453, 456, 568-569, 591 Clerestory, 190, 198, 288, 380 Clerk of the Church, resignations, 39, 537; app., 39; salary, 386; John Plampin, 425; attendance, 502, 508-509, 510, 510-511; duties, 509, 513, 516; Middle Temple Order, 536; Clerk of the Works, 243, 252, 276, 290, 309, 310, 327, 398, 446, 447, 551; office, 259, 522, 536; see also Birch, Mr.; Knight, Mr. cloister, 196, 199, 200, 205, 210, 216-230, 240-241, 250, 285, 322-326, 330, 440-442, 445 columns /pillars, 161, 162, 175, 176, 187-191, 198, 220, 235, 275-278, 287-289, 293, 295, 296, 309, 315, 329-340, 357, 409, 426, 431, 435, 437, 446, 452, 453, 568-569, 587 Committees see Church Committee; Committees, Church and Joint with MT completion, expected, 220, 230, 314; opening, 381, 387, 400 Deans of, 142, 153, 436, 466 divine service, 196-197, 203, 204, 220, 230, 262, 266-267, 312, 314, 380-381, 387, 388-389, 391-392, 393, 398, 404, 413-414, 415, 417-418, 420, 424, 424-425, 429, 478, 480, 484, 485, 485-486, 487, 493 (2), 495, 496, 512, 516, 519-520, 537-540, 547, 552, 586, 596 drawings, 196, 253, 475 eastern end, 120, 123, 160, 162, 175, 189, 195, 198, 215, 217, 218-219, 222 (2), 275, 276, 278, 315, 437, 441 629


INDEX Temple Church: continued singers, 46, 130, 177, 382-387, 400-403, 415, 491-492, 538 see also choir; smith see Baylis, Mr. Triforium, 288, 359, 368-369, 371, 378, 445-446 vergers, 83, 433, 452, 510, 590 visitors, 83, 94, 99, 264, 294, 311, 374, 375, 378, 379, 463 warming, 141, 148, 153, 162, 187, 250, 252, 253, 297, 313-314, 324, 357, 376, 436, 437, 440 windows, 177, 179, 185, 186, 190, 191, 194-195, 196, 202 (2), 205, 210, 217, 218, 219, 250, 288, 289, 357, 369, 373, 407, 439, 440, 441, 446; gift from Mr. Willement, 380 Tennyson, Louis Charles, 155n Thames Embankment, 171, 292, 468, 471, 476, 477-478, 480, 481, 482, 599, 603, 604 Thesiger, Sir Frederick, (Master of the Bench), attendances, 1-606; bank stock, 3, 101; committees, 60, 137, 392, 404, 422, 423, 455, 464, 541; motions, Ill, 112, 117; Bench chambers, 114, 117, 118, 208, 223, 318, 406; Mr. Corner's petition, 169; Master of thc Library and Reader (1842), 318, 367; Treasurer (1843), 388, 396; regarding Mr. J.H. Lloyd, 397; usc of Hall for private party, 453, 455; mentioned in a report, 480; Attorney General, 544n Sir Thomas Robinson's Buildings see Kings Bench Walk, No.7, 433 Thompson: John, Sp. Pleader, 182, 307, 370, 460, 521, 595 Springall, adm. from GI, 463 Thomas, chambers, 88, 89, 97 William, Library access, 56 Thornton, Lieutenant General, thanks to, 74-75 Thorp, Robert, call, 129; thanks to, 138 Thorpe, William James, call, 106 Thring, Henry, call, 553 Thrupp, Charles Joseph, Sp. Pleader, 595 Tickell, George, call, 129; bond, 180; bond, 355 Tidd, William, thanks to, 52, 155 Tillard, Philip, bond, 3 The Times, 143, 502, 503 Tindal, Sir N., letter to, 149; regarding Mr. H.H. Pyke, 586 Tinlason, William S., Library access, 393 Tinney, William Henry, (Master of the Bench of LI), attendances, 138, 540, 541 Tite, William, (Architect), 260 Todd: Joseph, (Watchman, First Turnspit), half-pay, 93n; petition, 498-499; pension, 500-501; salary, 533 R. B., memorial requesting donation to King's College liospital, 125

Tomkyns, Revd. John, chambers, 213-214, 224-225 Tomlins: Misses, (sistcrs of Thomas), gratuity, 164 Thomas Edlyne, (Master of the Bench), letter regarding debt, 120; Library access, 137; sisters, 164; chambers, 299, 318; thanks to, 306 Tooth: Ann, (widow of William), allowance, 39 William, (Watchman), death, 39 Townley, George, chambers, 82 Townsend, Mrs., (Parliament Chamber Woman), salary, 53, 56, 95, 532 Treasurer of the Society: (1837), 28; (1838), 54; (1839), 97; (1840), 129; (1841), 208; (1842), 318; (1843), 388; (1844 (Nov) and 1845), 517-518, 520-521, selection of, 515, 517-518, 520-521; (1846), 600; casting vote, 79; payment after service, 106; Board of King's College Hospital, 127 Trotter, John, death, 182; chambers, 182, 209 Trower, Francis Charles, call, 387 Tuck, Robert, (Chief Porter), allowance, 38-39 Tudor, Gcorgc, land in Mitre Court, 353 Turner: Dr., regarding Julian Busby, 597 Henry Wall, call, 223 Richard/Robert Edward, Sp. Pleader, 104, 137, 213, 335 Thomas, Library access, 45 turnspits, 107, 498-499, 519, 533; kitchen remodelling, 504-508, 525 Twiss, Horace, (Mastcr of the Bench), attendances, 1-606; committees, 10, 13, 26, 28, 53 (2), 54, 60, 71, 83, 96, 162, 206, 298, 338, 542, 556; Mastcr of the Library and Reader (1837), 28; purchase of the Alienation Office, 34; Bench chambers, 44, 63, 113; Treasurer (1838), 54, 58; chambers purchased, 82, 83, 97 (2); regarding Mr. Busby, 468, 469; thanks to, 519 Twyford, Samuel, chambers, 74, 75 Twynam, Edward, chambers, 21, 26-27, 37 Tyrwhitt, Dr., balloting on calls to the Bench, 423-424

Under-Treasurer see Sub-Treasurer United Law Clerks Society, 369 University of Cambridge, 51, 81, 233, 463, 229, 428, 574, 576 University of Dublin, 81, 233, 574, 576 University of Durham, 233, 463 University of London, 81, 463 University of Oxford, 81, 233, 428, 463, 574, 576 Upton, William Judd, bond, 204

630


INDEX

Warren: John Willing, chambers, 76, 82 Samuel, Sp. Pleader, 8; call, 54; thanks to, 143 Warwick, Sarah, (I lead Dishwasher), funeral paid for, 17 washpots, 66, 352, 416, 425, 467, 526, 527, 531 -532 Watch Establishment, 132 134, 142, 147, 286, 556, 558, 560 watchmen, 70, 89, 92 -93, 95, 267, 425, 484, 549 Waters, Charles, pension, 89, 93n Watson: James, conduct of, 548 549; 554 556, 566 William Davy, call, 54 William H., (Master of the Bench of LI), attendance, 540 William Webster, call, 129 Way: Albert, adm. 152 John, executor, 152 Revd. Lewis, chambers, 152 Revd. William, executor, 152 Webb, Joseph, (Waiter), salary, 530 Webster: James, (Third Waiter), salary, 529 James, (Fourth Waiter), salary, 529 Thomas, thanks to, 306 Weightman, Hugh, call, 422 Welch, James, call, 503 Welchman, Charles, Library access, 546 Welford, Richard Griffiths, call, 113 Weston, Thomas, payment for vacating Paper Buildings, 89 Wetherell: Sir Charles, (Master of the Bench), attendances, 1 606; committees, 28, 54, 88, 96, 129, 163, 207, 261, 317, 338, 387, 404, 422, 444, 467, 478, 495, 516, 522, 541, 547, 556, 600; motions, 154, 163, 203, 210, 274, 388, 397, 404, 405, 412, 420, 422, 478; regardine, monuments, 319, 328; 352, 361, 381 (2), 493, 512; regarding Mr. G.F. Carden, 35 (2); insurance trustee, 78; Temple Church organ, 185; app. of architect, 266, 267-268, 274; considering admittance of Jews, 272; report signed, 424; private party, 453, 473; salary of Temple Church Reader, 588 Nathan Croke, chambers at death, 152, 157 Whateley: Edward, bond, 434 William, (Master of the Bench), attendances, 212 -606; Queen's Counsel, 298: call Bench, 299, 307; application on behalf of George Daniels, 333; committees, 336, 362, 392, 404, 422, 423, 463 (2), 464, 477, 489, 493, 495, 501, 516, 535, 542, 547, 556, 558; reports signed, 364, 424, 480, 490, 524, 541; continues

Usher: Anna, (Dishwasher), salary, 533 William, (Library Man), salary, 41, 77, 114; relief petition, 589, 591 Vachell: Charles, 459 Thomas, deposit and bond, 459 Vance, Thomas, call, 494 Venables: George Stovin, call, 17 Joseph Henry, call, 207 Verger of Temple Church see Temple Church, vergers Verschoyle, James, bond, 295 Vesey, Thomas, thanks to, 213 Victoria, Queen, Coronation dinner, 88; marriage dinner, 145, 146; attempt on life, 168, 173 Vigers, Mr., (Carpenter), Temple Church repairs, 238, 252, 293, 296, 297, 456 Vigors, Ferdinand, keeping terms, 18, 38 Vigurs, Louis, call, 582 Vincent, George, letter, 123-124

Waddilove, Alfred, proposed call, 318; call, 320 Wagner: David, petition, 484 Margaret, funeral expenses, 484 Wailes, Mr., regarding Mr. H.H. Pyke, 585 waiters, 76-77, 128, 129, 204, 205, 206, 320, 351, 352, 433, 456-457, 459, 463-464, 529-531 Wakefield, Daniel, (Master of the Bench of LI), attendances, 138 Walford, Frederick, adm. from LI, 597, 600 Walford, Messrs. J.A. and J., (Solicitors), 353 Walker: John Edward, Sp. Pleader, 26; call, 54 Mr., bookbinder, 464, 465 William, adm. from LI, 48, 54 William Buttle, call, 155 Wall, Henry, thanks to, 31 Wallace, Edward James, call, 207 Walmesley, Richard, call, 387 Waln, Ambrose, disbarred and bond, 391, 405 Walsh, William, adm. 360; call, 361; chambers, 360, 502, 503 Walters, Robert, (Bar Auditor), elected, 163; deceased, 467 Walton, William Henry, call, 7 Wanstead, Revd. Grey, testimonial, 383 Warburton, Thomas Acton, call, 155 Ward Clerk of Farringdon Without, letter, 131-134, 147 warders, 274, 281, 286 Warne, George, (Organist), 428, 434; resignation, 452-453, 454 Warner, John, thanks to, 463 631


INDEX

Williams: continued

Whateley: continued

Mr. Justice, garden key, 292 Thomas, leasing rooms in the Alienation Office, 25 William, chambers at death, 111, 112 Wynn, chambers, 469

William, continued motions, 369, 376, 473, 535, 549; regarding Mr. Busby, 469-470, 565; considering a petition, 499; Bench chambers, 523; thanks to, 543; kitchen mattcrs, 554; tradesmen's

Williamson:

bills, 579, 596

Whatman, William Godfrey, bond, 493 Whipman, Theodore, Sp. Pleader, 298 White: Frederick William, bond, 595 George T., rent arrears, 172 Thomas Holt, chambers at death, 336 William G. S., letter regarding No.8 King's

Willis: Frances, (wifc of John), app. glazier, 10 John, deceased, 10 Miss, payment for Church repairs, 447 Wilmot, Joseph Pratt, letter requesting adm., 8

Wilson:

Bench Walk, 21-22

White & Borrett, (Solicitors), No.1 Paper Buildings,

John William, deposit and bond, 260 Octavius John, call, 552

regarding

124

Whitmarsh, Mr., regarding Mr. Fl.H. Pyke, 585 Whitworth, Robcrt, call, 44 Wickliffe, Benjamin Howard, deposit, 73 Wigram: Sir James, regarding conduct of Mr. J. Watson, 549, 554; regarding Mr. H.H. Pyke, 562 Loftus T., (Master of the Bench of LI), attendance, 540

Wilbraham: Edward, (Master of the Bench of LI), attendance, 540 George Fortescue, call, 433 Willcock, John William, bond, 335

George Suttrell, adm. from GI, 14 (2) Sir Giffin, (Master of the Bench of LI), attendance, 540 Henry Walter, call, 247, 259 Inn, 567 James Flolbert, call, 11; Clifford's Winbank, Mary, (Dishwasher), salary, 533 wine, merchants, 10, 11, 173; port, 41; sherry, 34, 41; liqueurs, 57; consumption reported by Bar Auditor, 67-68; disposal, 449, 510; Bench Table quantities, 507; claret on special days, 524 Wine Committee, motion from Mr. Wyatt, 64; formation, 65 Winsor, Frederic Albert, deposit, 164, 211 Winston, Charles, Sp. Pleader, 46, 97, 131, 209, 307, 377, 470, 536; call, 600

Wilde: Charles Robert Claude, keeping terms, 168; call, 338 Henry Sedgwick, memorial regarding deposit, 51-52; call, 54 James Plaisted, call, 129 Sir John, mentioned in petition of his son, 51 Thomas Montague Carrington, keeping terms, 168; call, 338

Wilkin. George, call, 129 Wilkins: Charles, letters, 501-502, 503- 504 John Jeffreys, bond, 42 Wilkinson, Alfred, bond, 6 Willement, Thomas, (stained-glass Artist), Temple Church organ, 185, 186, 201; windows, 195; ceiling, 192, 293, 296, 356; Temple Church repairs, 201-202, 218, 233, 358; cost of repairs, 250, 252, 253, 447; gift, 380 Willies, James Shaw, call, 166

Williams: Sir Charles Frederick, (Master of the Bench of LI), letter, 138; attendances, 138, 540 Revd. Dr. Daniel, thanks to trustees, 365 John, (Pannierman), complaint against Deputy, 66; Bar Auditor's Report, 67- -68; letter from, 74; duties, 77; salary, 528 Monier,

Withers, Mrs. Elizabeth, rent, 99; allowance of burial in churchyard,

196, 210

Wood: Frederick William, Sp. Pleader, 18; call, 96 Hcnry Orme, bond, 168 James Templeton, call, 552 Revd. Mr., Library access, 367 Thomas, deposit and bond, 208 Secretary), Thomas, (Police Commissioner's rates, 407; letter, 592 Woodthorpe, Henry, (Town Clerk) letters from, 137, 146; letter to, 141 Wormald, Frank, call, 82 Wortley, James Stuart, (Master of the Bench), attendances, 212-606; Queen's Counsel, 298; call Bench, 299, 307; suggestion for cloister, 323; committees, 331, 362, 388, 392, 404, 422, 423, 464, 471, 477, 489, 493, 495, 522, 516, 542, 547, 579, 596; report signed, 364, 424, 480, 490; motions, 392, 476; thanks to, 543; kitchen matters, 554; tradesmen's bills, 579, 596; Bench chambers, 600 Wrangham, Digby Cayley, adm. from GI, 11; leasing rooms in the Alienation

Office,

Wright: William, William,

bond, 537

632

deposit and bond, 427 complaint letter, 463, 464

25


INDEX

Wyatt: John, (Master of the Bench), attendances, 1-606; motions, 10, 59, 64, 83, 109, 110, 144, 146, 153, 158, 159, 292 (2), 298, 381, 387, 593, 599, 601; committees, 13, 26, 27, 28, 52, 53 (2), 54, 65, 88, 96, 102, 126, 129, 142, 153, 162, 183, 206, 207, 230, 286, 317, 338, 387, 388, 422, 423, 436, 455, 467, 471, 522, 535, 542, 547 (2), 556, 600; viewing chambers, 64-65, 74, 75, 81, 94, 95 (2), 97, 101, 110, 111-112, 114, 117, 118, 119, 125, 129, 145, 153, 157, 182, 209, 225, 336, 339, 365, 366, 405 (2), 462, 465, 489, 502, 503, 504, 565, 579, 598; minutes signed, 45, 50, 57, 78, 124, 181, 264, 297, 369, 488, 543, 560; considering a petition from Mr. Blandford, 24; considering allowance for Mrs Brooksbank, 42; app. Bench Auditor, 43; reporting on the late Sub-Treasurer's children, 61-62; selecting an insurer, 75; equipping W. Gardner for sea voyage, 108; planning a dinner to honour the Queen's marriage, 145; waiting on the Lord High Chancellor, 156; wine purchase, 173;

Wyatt: continued John, continued cost of Temple Church repairs, 236 (2);

divine service, 266; considering premises at Mitre Court, 353; thanks to, 362; report signed, 16, 363, 424, 524, 536, 541, 551, 579; marble from Temple Church, 426, 431, 452; portrait of, 429; letter received regarding Treasurership, 517 Osmund Arthur, call, 117 Robert, salary, 525 Wyborn, Bygrave, misconduct in 1809, 497 Wylde, Mr., choir, 491 Wynn, Williams, (Master of the Bench of LI), attendance, 540

Yard: Alleyne Cox, call, 96

George Beckwith, bond, 34 Yardley, Edward, adm. from LI, 59 Yates, Revd. James, 13 Yatman, William Hamilton, call, 522 Young, Mr., choir, 387, 491

633


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