Here, then, we have indications of two Societies of Lawyers settling in the Temple. The first body, holding from the Earl of Lancaster, may reasonably be supposed to have had their grant confirmed by the owners who succeeded him. The Society of the Middle Temple must be considered the successors of those tenants. And this Society Mr. Pitt Lewis, K.C.,[15] has traced to a former home in St. George’s Inn, a students’ hostel mentioned by Stow.
The second body, migrating from Thavye’s Inn, obtained a lease of the part not occupied by the former, at an annual rental of £10, as Dugdale states. And from them are descended the Inner Templars of to-day.
From the time when the Order of the Knights Hospitallers was dissolved, till 1608, these two Societies held these two separate parcels of land direct of the Crown by lease, paying two separate rents. Then they discovered that James I. was beginning to negotiate a sale of the freehold.
The present of a ‘stately cup of pure gold, filled with gold pieces,’ presented by the two Societies, converted the Scholar-Monarch. On August 13, 1608, he granted a Charter to the Treasurers and Benchers of the Inner and Middle Temple, conferring upon them the freehold of the Temple, together with the Church, ‘for the hospitation and education of the Professors and Students of the Laws of this Realm,’ subject to a rent charge of £10, payable by each of the two Societies. In 1673 these rents were extinguished by purchase by the two Societies.
This patent of James I. is the only existing formal document concerning the relations between the Crown and the Inns, though it would be strange indeed if no other grant or patent ever existed. It is preserved in the Church in a chest kept beneath the Communion Table, which can only be opened by the keys held by the two Treasurers. The importance of the patent is, for the purpose of our investigation, that it is based almost certainly upon documents that have disappeared, but which reached back to the original conveyance, and it shows that there were two separate parcels, exacting two separate rents. Moreover, it provided that each Society should continue to pay a rental of £10. Now, if these two Societies represented a division of the one parent body which had come from Thavye’s Inn and held the whole Inner and Middle Temple at a rent of £10, it is hardly conceivable that when this supposed division took place, each Society should have continued to pay the whole rent. The first thing they would have divided, after dividing themselves, would surely have been that rent of £10.[16]
That the theory of a division having taken place early caused much wonderment is shown by a report that was rife in the seventeenth century. This ‘report’ was to the effect that the division arose from the sides taken by the Lawyers in the Wars of the Roses. Those wars, however, took place after the date when there is evidence of the existence of the two Societies. The ‘report’ represents an attempt to explain the existence of the two Societies when their origin was already forgotten, and was perhaps suggested by the fact that it was in the Temple Gardens that Shakespeare placed the famous incident that led to the Wars of the Roses:
‘Plantagenet. Let him that is a true-born gentleman,
And stands upon the honour of his birth,
If he suppose that I have pleaded truth,
From off this briar pluck a white rose with me.
‘Somerset. Let him that is no coward, nor no flatterer,
But dare maintain the party of the truth,
Pluck a red rose from off this thorn with me.
‘Warwick. This brawl to-day,
Grown to this faction in the Temple Garden,
Shall send, between the red rose and the white,
A thousand souls to death and deadly night.’
In 1732, in order to put an end to many questions of property, an elaborate deed of partition was agreed to by the two Inns, and forms the final authority upon what belongs to each.