King Edward III., in the thirty-fifth year of his reign, A. D. 1362, notwithstanding the grant of the Temple to the Hospitallers, exercised the right of appointing to the porter’s office, and by his letter patent he promoted Roger Small to that post for the term of his life, in return for the good service rendered him by the said Roger Small.[179]
It appears that the lawyers in the Temple had at this period their purveyor of provisions as at present, and were then keeping commons or dining together in the hall. The poet Chaucer, who was born at the close of the reign of Edward II., A. D. 1327, and was in high favour at court in the reign of Edward III., thus speaks of the Manciple, or the purveyor of provisions of the lawyers in the Temple:—
“A gentil Manciple was there of the Temple,
Of whom achatours mighten take ensample,
For to ben wise in bying of vitaille.
For whether that he paid or toke by taille,
Algate he waited so in his achate,
That he was aye before in good estate.
Now is not that of God a full fayre grace,
That swiche a lewed mannes wit shal pace,
The wisdome of an hepe of lerned men?”
“Of maisters had he mo than thries ten,
That were of lawe expert and curious;
Of which there was a dosein in that hous
Worthy to ben stewardes of rent and lond
Of any lord that is in Englelond,
To maken him live by his propre good,
In honour detteles, but if he were wood,
Or live as scarsly, as him list desire;
And able for to helpen all a shire,
In any cas that mighte fallen or happe;
And yet this manciple sette hir aller cappe.”[180]
At the period of the dissolution of the order of the Templars many of the retainers of the ancient knights were residing in the Temple, supported by pensions from the crown. These were of the class of free servants of office, they held their posts for life, and not having been members of the order, they were not included in the general proscription of the fraternity. On the seizure by the sheriffs and royal officers of the property of their ancient masters, they had been reduced to great distress, and had petitioned the king to be allowed their customary stipends. Edward II. had accordingly granted to Robert Styfford clerk, chaplain of the Temple Church, two deniers a day for his maintenance in the house of the Temple at London, and five shillings a year for necessaries, provided he did service in the Temple Church; and when unable to do so, he was to receive only his food and lodging. Geoffrey Talaver, Geoffrey de Cave, clerk, and John de Shelton, were also, each of them, to receive for their good services, annual pensions for the term of their lives. Some of these retainers, in addition to their various stipends, were to have a gown of the class of free-serving brethren of the order of the Temple each year; one old garment out of the stock of old garments belonging to the brethren; one mark a year for their shoes, &c.; their sons also received so much per diem, on condition that they did the daily work of the house.[181] These domestics and retainers of the ancient brotherhood of the Knights Templars, appear to have transferred their services to the learned society of lawyers established in the Temple, and to have continued and kept alive amongst them many of the ancient customs and observances of the old Knights. The chaplain of the Temple Church took his meals in the hall with the lawyers as he had been wont to do with the Knights Templars; and the rule of their order requiring “two and two to eat together,” and “all the fragments to be given in brotherly charity to the domestics,” continued to be observed, and prevails to this day; whilst the attendants at table continued to be, and are still called paniers, as in the days of the Knights Templars.[182]
In the sixth year of the reign of Edward III., (A. D. 1333,) a few years after the lawyers had established themselves in the convent of the Temple, the judges of the Court of Common Pleas were made KNIGHTS,[183] being the earliest instance on record of the grant of the honour of knighthood for services purely civil, and the professors of the common law, who had the exclusive privilege of practising in that court, assumed the title or degree of FRERES SERJENS or FRATRES SERVIENTES, so that an order of knights and serving-brethren was most curiously revived in the Temple, and introduced into the profession of the law. It is true that the word serviens, serjen, or serjeant, was applied to the professors of the law long before the reign of Edward III., but not to denote a privileged brotherhood. It was applied to lawyers in common with all persons who did any description of work for another, from the serviens domini regis ad legem, who prosecuted the pleas of the crown in the county court, to the serviens or serjen who walked with his cane before the concubine of the patriarch Heraclius in the streets of Jerusalem. The priest who worked for the Lord was called serjen de Dieu, and the lover who served the lady of his affections serjen d’amour. It was in the order of the Temple that the word freres serjens or fratres servientes first signified an honorary title or degree, and denoted a powerful privileged class of brethren. The fratres servientes armigeri or freres serjens des armes, of the chivalry of the Temple, were of the rank of gentlemen. They united in their own persons the monastic and the military character, they were allotted one horse each, they wore the cross of the order of the Temple on their breasts, they participated in all the privileges of the brotherhood, and were eligible to the dignity of Preceptor. Large sums of money were frequently given by seculars who had not been advanced to the honour of knighthood, to be admitted amongst this highly esteemed order of men. These freres serjens of the Temple wore linen coifs, and red caps close over them.[184] At the ceremony of their admission into the fraternity, the Master of the Temple placed the coif upon their heads, and threw over their shoulders the white mantle of the Temple; he then caused them to sit down on the ground, and gave them a solemn admonition concerning the duties and responsibilities of their profession. The knights and Serjeants of the common law, on the other hand, have ever constituted a privileged fraternity, and always address one another by the endearing term brother. The religious character of the ancient ceremony of admission into this legal brotherhood, which took place in the Temple Church, and its striking similarity to the ancient mode of reception into the fraternity of the Temple, are curious and remarkable. “Capitalis Justitiarius,” says an ancient MS. account of the creation of serjeants-at-law, “monstrabat eis plura bona exempla de eorum prædecessoribus, et tunc. posuit les coyfes super eorum capitibus, et induebat eos singulariter de capital de skarletto, et sic creati fuerunt servientes ad legem.” In his admonitory exhortation, the chief-justice displays to them the moral and religious duties of their profession. “Ambulate in vocatione in quâ vocati estis.... Disce cultum Dei, reverentiam superioris, misericordiam pauperi.” He tells them the coif is sicut vestis candida et immaculata, the emblem of purity and virtue, and he commences a portion of his discourse in the scriptural language used by the popes in the famous bull conceding to the Templars their vast spiritual and temporal privileges, “Omne datum optimum et omne donum perfectum desursum est descendens a patre luminum,” &c. &c.[185] It has been supposed that the coif was first introduced by the clerical practitioners of the common law to hide the tonsure of those priests who practised in the Court of Common Pleas, notwithstanding the ecclesiastical prohibition. This was not the case. The early portraits of our judges exhibit them with a coif of very much larger dimensions than the coifs now worn by the serjeants-at-law, very much larger than would be necessary to hide the mere clerical tonsure. A covering for that purpose indeed would be absurd.
From the inquisition into the state of the Temple, taken 10 E. III., A. D. 1337, it appears, as we have already seen, that in the time of the Knights Templars there were TWO HALLS in the Temple, the one being the hall of the knights, and the other the hall of the freres serjens, or serving-brethren of the order. One of these halls, the present Inner Temple Hall, had been assigned, the year previous to the taking of that inquisition, to the prior and brethren of the Hospital of Saint John, together with the church, cloisters, &c., as before mentioned, whilst the other hall remained in the hands of the crown, and was not granted to the Hospitallers until 13 E. III., A. D. 1340. It was probably soon after this period that the Hospitallers conceded the use of both halls to the professors of the law, and these last, from dining apart and being attached to different halls, at last separated into two societies. When the lawyers originally came into the Temple as lessees of the earl of Lancaster, they found engraved upon the ancient buildings the armorial bearings of the order of the Temple, which were, on a shield argent, a plain cross gules, and (brochant sur le tout) the holy lamb bearing the banner of the order, surmounted by a red cross. These arms remained the emblem of the Temple until the fifth year of the reign of queen Elizabeth, when unfortunately the society of the Inner Temple, yielding to the advice and persuasion of Master Gerard Leigh, a member of the College of Heralds, abandoned the ancient and honourable device of the Knights Templars, and assumed in its place a galloping winged horse called a Pegasus, or, as it has been explained to us, “a horse striking the earth with its hoof, or Pegasus luna on a field argent!” Master Gerard Leigh, we are told, “emblazoned them with precious stones and planets, and by these strange arms he intended to signify that the knowledge acquired at the learned seminary of the Inner Temple would raise the professors of the law to the highest honours, adding, by way of motto, volat ad æthera virtus, and he intended to allude to what are esteemed the more liberal sciences, by giving them Pegasus forming the fountain of Hippocrene, by striking his hoof against the rock, as a proper emblem of lawyers becoming poets, as Chaucer and Gower, who were both of the Temple!”
The Society of the Middle Temple, with better taste, still preserves, in that part of the Temple over which its sway extends, the widely-renowned and time-honoured badge of the ancient order of the Temple.
On the dissolution of the order of the Hospital of Saint John, (32 Hen. 8,) the Temple once more reverted to the crown, and the lawyers again became the immediate lessees of the sovereign. In the reign of James I., however, some Scotchman attempted to obtain from his majesty a grant of the fee simple or inheritance of the Temple, which being brought to the knowledge of the two law societies, they forthwith made “humble suit” to the king, and obtained a grant of the property to themselves. By letters patent, bearing date at Westminster the 13th of August, in the sixth year of his reign, A. D. 1609, king James granted the Temple to the Benchers of the two societies, their heirs and assigns for ever, for the lodging, reception, and education of the professors and students of the laws of England, the said Benchers yielding and paying to the said king, his heirs and successors, ten pounds yearly for the mansion called the Inner Temple, and ten pounds yearly for the Middle Temple.[186]
There are but few remains of the ancient Knights Templars now existing in the Temple beyond the Church. The present Inner Temple Hall was the ancient Hall of the Knights, but it has at different periods been so altered and repaired as to have lost almost every trace and vestige of antiquity. In the year 1816 it was nearly rebuilt, and the following extract from “The Report and Observations of the Treasurer on the late Repairs of the Inner Temple Hall,” may prove interesting, as showing the state of the edifice previous to that period. “From the proportions, the state of decay, the materials of the eastern and southern walls, the buttresses of the southern front, the pointed form of the roof and arches, and the rude sculpture on the two doors of public entrance, the hall is evidently of very great antiquity.... The northern wall appears to have been rebuilt, except at its two extremities, in modern times, but on the old foundations.... The roof was found to be in a very decayed and precarious state. It appeared to have undergone reparation at three separate periods of time, at each of which timber had been unnecessarily added, so as finally to accumulate a weight which had protruded the northern and southern walls. It became, therefore, indispensable to remove all the timber of the roof, and to replace it in a lighter form. On removing the old wainscoting of the western wall, a perpendicular crack of considerable height and width was discovered, which threatened at any moment the fall of that extremity of the building with its superincumbent roof.... The turret of the clock and the southern front of the hall are only cased with stone; this was done in the year 1741, and very ill executed. The structure of the turret, composed of chalk, ragstone, and rubble, (the same material as the walls of the church,) seems to be very ancient.... The wooden cupola of the bell was so decayed as to let in the rain, and was obliged to be renewed in a form to agree with the other parts of the southern front.”
“Notwithstanding the Gothic character of the building, in the year 1680, during the treasurership of Sir Thomas Robinson, prothonotary of C. B., a Grecian screen of the Doric order was erected, surmounted by lions’ heads, cones, and other incongruous devices. In the year 1741, during the treasurership of John Blencowe, esq., low windows of Roman architecture were formed in the southern front. The dates of such innovations appear from inscriptions with the respective treasurers’ names.”