Part 10

[89] “Howsoever the same be now fallen, both in number and estimation.”--_1st edition_, p. 56.

HOUSES OF STUDENTS IN THE COMMON LAW

But besides all this, there is in and about this city a whole university, as it were, of students, practicers or pleaders, and judges of the laws of this realm, not living of common stipends, as in other universities it is for the most part done, but of their own private maintenance, as being altogether fed either by their places or practice, or otherwise by their proper revenue, or exhibition of parents and friends; for that the younger sort are either gentlemen or the sons of gentlemen, or of other most wealthy persons. Of these houses there be at this day fourteen in all; whereof nine do stand within the liberties of this city, and five in the suburbs thereof; to wit:

_Within the liberties_

Serjeants’ inn in Fleet Street, Serjeants’ inn in Chancery lane; for judges and sergeants only.

The Inner temple, the Middle temple, in Fleet street; houses of court.

Clifford’s inn in Fleet street, Thavies inn in Oldborne, Furnival’s inn in Oldborne, Barnard’s inn in Oldborne, Staple inn in Oldborne; houses of Chancery.

_Without the liberties_

Gray’s inn in Oldborne, Lincoln’s inn in Chancery lane by the old Temple;[90] houses of court.

Clement’s inn, New inn, Lion’s inn; houses of Chancery, without Temple bar, in the liberty of Westminster.

There was sometime an inn of sergeants in Oldborne, as you may read of Scrop’s inn over against St. Andrew’s church.

There was also one other inn of Chancery, called Chester’s inn, for the nearness of the Bishop of Chester’s house, but more commonly termed Strand inn, for that it stood in Strand street, and near unto Strand bridge without Temple bar, in the liberty of the duchy of Lancaster. This inn of Chancery, with other houses near adjoining, were pulled down in the reign of Edward VI. by Edward Duke of Sommerset, who in place thereof raised that large and beautiful house, but yet unfinished, called Sommerset house.

There was moreover, in the reign of King Henry I., a tenth house of Chancery, mentioned by Justice Fortescue in his book of the laws of England, but where it stood, or when it was abandoned, I cannot find, and therefore I will leave it, and return to the rest.

The houses of court be replenished partly with young students, and

## partly with graduates and practisers of the law; but the inns of

Chancery, being, as it were, provinces, severally subjected to the inns of court, be chiefly furnished with officers, attorneys, solicitors, and clerks, that follow the courts of the King’s Bench or Common Pleas; and yet there want not some other being young students, that come thither sometimes from one of the Universities, and sometimes immediately from grammar schools; and these having spent some time in studying upon the first elements and grounds of the law, and having performed the exercise of their own houses (called Boltas Mootes,[91] and putting of cases), they proceed to be admitted, and become students in some of these four houses or inns of court, where continuing by the space of seven years or thereabouts, they frequent readings, meetings, boltings, and other learned exercises, whereby growing ripe in the knowledge of the laws, and approved withal to be of honest conversation, they are either, by the general consent of the benchers or readers, being of the most ancient, grave, and judicial men of every inn of the court, or by the special privilege of the present reader there, selected and called to the degree of utter barristers, and so enabled to be common counsellors, and to practice the law, both in their chambers and at the bars.

Of these, after that they be called to a further step of preferment, called the Bench, there are twain every year chosen among the benchers of every inn of court to be readers there, who do make their readings at two times in the year also; that is, one in Lent, and the other at the beginning of August.

And for the help of young students in every of the inns of Chancery, they do likewise choose out of every one inn of court a reader, being no bencher, but an utter barrister there, of ten or twelve years’ continuance, and of good profit in study. Now, from these of the said degree of counsellors, or utter barristers, having continued therein the space of fourteen or fifteen years at the least, the chiefest and best learned are by the benchers elected to increase the number, as I said, of the bench amongst them; and so in their time do become first single, and then double, readers to the students of those houses of court; after which last reading they be named apprentices at the law, and, in default of a sufficient number of sergeants at law, these are, at the pleasure of the prince, to be advanced to the places of sergeants; out of which number of sergeants also the void places of judges are likewise ordinarily filled; albeit, now and then some be advanced, by the special favour of the prince, to the estate, dignity, and place, both of sergeant and judge, as it were in one instant. But from thenceforth they hold not any room in those inns of court, being translated to one of the said two inns, called Sergeante’s inns, where none but the sergeants and judges do converse.

FOOTNOTES:

[90] “In Oldborne.”--_1st edition._

[91] Cowell, in his _Law Dictionary_, says, “Bolting is a term of art used in Gray’s Inn, and applied to the bolting or arguing of _moot_ cases.” He endeavours to show that the bolting of cases is analogous to the _boulting_ or sifting of meal through a bag. All readers of Shakspeare must be familiar with the use of the word in the latter sense.

OF ORDERS AND CUSTOMS

Of orders and customs in this city of old time, Fitzstephen saith as followeth: “Men of all trades, sellers of all sorts of wares, labourers in every work, every morning are in their distinct and several places: furthermore, in London, upon the river side, between the wine in ships and the wine to be sold in taverns, is a common cookery, or cooks’ row; there daily, for the season of the year, men might have meat, roast, sod, or fried; fish, flesh, fowls, fit for rich and poor. If any come suddenly to any citizen from afar, weary, and not willing to tarry till the meat be bought and dressed, while the servant bringeth water for his master’s hands, and fetcheth bread, he shall have immediately from the river’s side all viands whatsoever he desireth: what multitude soever, either of soldiers or strangers, do come to the city, whatsoever hour, day or night, according to their pleasures may refresh themselves; and they which delight in delicateness may be satisfied with as delicate dishes there as may be found elsewhere. And this Cooke’s row is very necessary to the city; and, according to Plato in Gorgius, next to physic, is the office of cooks, as part of a city.

“Without one of the gates is a plain field, both in name and deed, where every Friday, unless it be a solemn bidden holy day, is a notable show of horses to be sold; earls, barons, knights, and citizens repair thither to see or to buy; there may you of pleasure see amblers pacing it delicately; there may you see trotters fit for men of arms, sitting more hardly; there may you have notable young horses, not yet broken; there may you have strong steeds, well limbed geldings, whom the buyers do specially regard for pace and swiftness; the boys which ride these horses, sometimes two, sometimes three, do run races for wagers, with a desire of praise, or hope of victory. In another part of that field are to be sold all implements of husbandry, as also fat swine, milch kine, sheep, and oxen; there stand also mares and horses fit for ploughs and teams, with their young colts by them. At this city, merchant strangers of all nations had their keys and wharfs; the Arabians sent gold; the Sabians spice and frankincense; the Scythian armour, Babylon oil, Indian purple garments, Egypt precious stones, Norway and Russia ambergreece and sables, and the Frenchmen wine. According to the truth of Chronicles, this city is ancienter than Rome, built of the ancient Troyans and of Brute, before that was built by Romulus and Rhemus; and therefore useth the ancient customs of Rome. This city, even as Rome, is divided into wards; it hath yearly sheriffs instead of consuls; it hath the dignity of senators in aldermen. It hath under officers, common sewers, and conduits in streets; according to the quality of causes, it hath general courts and assembles upon appointed days. I do not think that there is any city wherein are better customs, in frequenting the churches, in serving God, in keeping holy days, in giving alms, in entertaining strangers, in solemnising marriages, in furnishing banquets, celebrating funerals, and burying dead bodies.

“The only plagues of London are immoderate quaffing among the foolish sort, and often casualties by fire. Most part of the bishops, abbots, and great lords of the land have houses there, whereunto they resort, and bestow much when they are called to parliament by the king, or to council by their metropolitan, or otherwise by their private business.”

Thus far Fitzstephen, of the estate of things in his time, whereunto may be added the present, by conference whereof the alteration will easily appear.

Men of trades and sellers of wares in this city have oftentimes since changed their places, as they have found their best advantage. For whereas mercers and haberdashers used to keep their shops in West Cheape,[92] of later time they held them on London Bridge, where partly they yet remain. The goldsmiths of Gutheron’s lane and Old Exchange are now for the most part removed into the south side of West Cheape, the peperers and grocers of Soper’s lane are now in Bucklesberrie, and other places dispersed. The drapers of Lombard street and of Cornehill are seated in Candlewick street and Watheling street; the skinners from St. Marie Pellipers, or at the Axe, into Budge row and Walbrooke; the stock fishmongers in Thames street; wet fishmongers in Knightriders street and Bridge street; the ironmongers, of Ironmongers’ lane and Old Jurie, into Thames street; the vintners from the Vinetree into divers places. But the brewers for the more part remain near to the friendly water of Thames; the butchers in Eastcheape, St. Nicholas shambles, and the Stockes market; the hosiers of old time in Hosier lane, near unto Smithfield, are since removed into Cordwayner street, the upper part thereof by Bow church, and last of all into Birchoveris lane by Cornehill; the shoe-makers and curriers of Cordwayner street removed the one to St. Martin’s le Grand, the other to London wall near unto Mooregate; the founders remain by themselves in Lothberie; cooks,[93] or pastelars, for the more part in Thames street, the other dispersed into divers parts; poulters of late removed out of the Poultrie, betwixt the Stockes and the great Conduit in Cheape, into Grasse street and St. Nicholas shambles; bowyers, from Bowyers’ row by Ludgate into divers places, and almost worn out with the fletchers; pater noster makers of old time, or bead-makers, and text-writers, are gone out of Pater noster row, and are called stationers of Paule’s churchyard;[94] patten-makers, of St. Margaret, Pattens’ lane, clean worn out; labourers every work-day are to be found in Cheape, about Soper’s land end; horse-coursers and sellers of oxen, sheep, swine, and such like, remain in their old market of Smithfield, etc.

That merchants of all nations had their keys and wharfs at this city, whereunto they brought their merchandises before and in the reign of Henry II., mine author wrote of his own knowledge to be true, though for the antiquity of the city he took the common opinion. Also that this city was in his time and afore divided into wards, had yearly sheriffs, aldermen, general courts, and assemblies, and such like notes by him set down, in commendation of the citizens; whereof there is no question, he wrote likewise of his own experience, as being born and brought up amongst them.

And to confirm his opinion, concerning merchandises then hither transported, whereof happily may be some argument, Thomas Clifford[95] (before Fitzstephen’s time), writing of Edward the Confessor, saith to this effect: “King Edward, intending to make his sepulchre at Westminster; for that it was near to the famous city of London, and the river of Thames, that brought in all kind of merchandises from all parts of the world, etc.” And William of Malmesbury, that lived in the reign of William I. and II., Henry I., and King Stephen, calleth this a noble city, full of wealthy citizens, frequented with the trade of merchandises from all parts of the world. Also I read, in divers records, that of old time no woad was stowed or harboured in this city, but all was presently sold in the ships, except by license purchased of the sheriffs, till of more later time; to wit, in the year 1236, Andrew Bokerell, being mayor, by assent of the principal citizens, the merchants of Amiens, Nele, and Corby, purchased letters insealed with the common seal of the city, that they when they come might harbour their woads, and therefore should give the mayor every year fifty marks sterling; and the same year they gave one hundred pounds towards the conveying of water from Tyborn to this city. Also the merchants of Normandie made fine for license to harbour their woads till it was otherwise provided, in the year 1263, Thomas Fitz Thomas being mayor, etc., which proveth that then as afore, they were here amongst other nations privileged.

It followeth in Fitzstephen, that the plagues of London in that time were immoderate quaffing among fools, and often casualties by fire. For the first--to wit, of quaffing--it continueth as afore, or rather is mightily increased, though greatly qualified among the poorer sort, not of any holy abstinence, but of mere necessity, ale and beer being small, and wines in price above their reach. As for prevention of casualties by fire, the houses in this city being then built all of timber, and covered with thatch of straw or reed, it was long since thought good policy in our forefathers wisely to provide, namely, in the year of Christ 1189, the first of Richard I., Henry Fitzalwine[96] being then mayor, that all men in this city should build their houses of stone up to a certain height, and to cover them with slate or baked tile; since which time, thanks be given to God, there hath not happened the like often consuming fires in this city as afore.

But now in our time, instead of these enormities, others are come in place no less meet to be reformed; namely, purprestures, or encroachments on the highways, lanes, and common grounds, in and about this city; whereof a learned gentleman and grave citizen[97] hath not many years since written and exhibited a book to the mayor and commonalty; which book, whether the same have been by them read and diligently considered upon, I know not, but sure I am nothing is reformed since concerning this matter.

Then the number of cars, drays, carts, and coaches, more than hath been accustomed, the streets and lanes being straitened, must needs be dangerous, as daily experience proveth.

The coachman rides behind the horse tails, lasheth them, and looketh not behind him; the drayman sitteth and sleepeth on his dray, and letteth his horse lead him home. I know that, by the good laws and customs of this city,[98] shodde carts[99] are forbidden to enter the same, except upon reasonable cause, as service of the prince, or such like, they be tolerated. Also that the fore horse of every carriage should be lead by hand; but these good orders are not observed. Of old time coaches were not known in this island, but chariots or whirlicotes, then so called, and they only used of princes or great estates, such as had their footmen about them; and for example to note, I read that Richard II., being threatened by the rebels of Kent, rode from the Tower of London to the Myles end, and with him his mother, because she was sick and weak, in a whirlicote, the Earls of Buckingham, Kent, Warwicke, and Oxford, Sir Thomas Percie, Sir Robert Knowles, the Mayor of London, Sir Aubery de Vere, that bare the king’s sword, with other knights and esquires attending on horseback. But in the next year, the said King Richard took to wife Anne, daughter to the King of Bohemia, that first brought hither the riding upon side-saddles; and so was the riding in wherlicoates and chariots forsaken, except at coronations and such like spectacles; but now of late years the use of coaches, brought out of Germany, is taken up, and made so common, as there is neither distinction of time nor difference of persons observed; for the world runs on wheels with many whose parents were glad to go on foot.

Last of all, mine author in this chapter hath these words:[100] “Most part of the bishops, abbots, and great lords of the land, as if they were citizens and freemen of London, had many fair houses to resort unto, and many rich and wealthy gentlemen spent their money there.” And in another place he hath these words: “Every Sunday in Lent a fresh company of young men comes into the fields on horseback, and the best horsemen conducteth the rest; then march forth the citizens’ sons, and other young men, with disarmed lances and shields, and practise feats of war; many courtiers likewise and attendants of noblemen repair to this exercise, and whilst the hope of victory doth inflame their minds, they do show good proof how serviceable they would be in martial affairs, etc.” Again he saith: “This city, in the troublesome time of King Stephen, showed at a muster twenty thousand armed horsemen and forty thousand footmen, serviceable for the wars, etc.” All which sayings of the said author, well considered, do plainly prove that in those days the inhabitants and repairers to this city, of what estate soever, spiritual or temporal, having houses here, lived together in good amity with the citizens, every man observing the customs and orders of the city, and those to be contributary to charges here, rather than in any part of the land wheresoever. This city, being the heart of the realm, the king’s chamber and prince’s seat, whereunto they made repair, and showed their forces, both of horses and of men, which caused in troublesome time, as of King Stephen, the musters of this city to be so great in number.

And here, to touch somewhat of greater families and households kept in former times by noblemen, and great estates of this realm, according to their honours or dignities,[101] I have seen an account made by H. Leicester, cofferer to Thomas Earl of Lancaster, for one whole year’s expenses in the Earl’s house, from the day next after Michaelmas, in the seventh year of Edward II., until Michaelmass in the eight year of the same king, amounting to the sum of £7957 13_s._ 4-1/2_d._ as followeth:[102]

To wit, in the pantry, buttery, and kitchen, £3405, etc.: for one hundred and eighty-four tons, one pipe of red or claret wine, and one ton of white wine bought for the house, £104 17_s._ 6_d._

For grocery ware, £180 17_s._

For six barrels of sturgeon, £19.

For six thousand eight hundred stock-fishes, so called for dried fishes of all sorts, as lings, habardines, and other, £41 6_s._ 7_d._

For one thousand seven hundred and fourteen pounds of waxe, with vermelion and turpentine to make red waxe, £314 7_s._ 4-1/4_d._

For two thousand three hundred and nineteen pounds of tallow candles for the household, and one thousand eight hundred and seventy of lights for Paris candles, called perchers, £31 14_s._ 3_d._

Expenses on the earl’s great horses, and the keeper’s wages, £486 4_s._ 3-1/4_d._

Linen cloth for the earl and his chaplains, and for the pantry, £43 17_s._

For one hundred and twenty-nine dozen of parchment, with ink, £4 8_s._ 3-1/4_d._

Sum, £5230 17_s._ 7-1/4_d._

Item, for two cloths of scarlet for the earl against Christmass, one cloth of russet for the Bishop of Angew, seventy cloths of blue for the knights (as they were then termed), fifteen cloths of medley for the lords’ clerks, twenty-eight cloths for the esquires, fifteen cloths for officers, nineteen cloths for grooms, five cloths for archers, four cloths for minstrels and carpenters, with the sharing and carriage for the earl’s liveries at Christmasse, £460 15_s._

Item, for seven furs of variable miniver (or powdered ermine), seven hoods of purple, three hundred and ninety-five furs of budge for the liveries of barons, knights, and clerks, one hundred and twenty-three furs of lamb for esquires, bought at Christmas, £147 17_s._ 8_d._

Item, sixty-five cloths, saffron colour, for the barons and knights in summer, twelve red cloths, mixed, for clerks, twenty-six cloths, ray, for esquires, one cloth, ray, for officers’ coats in summer, and four cloths, ray, for carpets in the hall, for £345 13_s._ 8_d._

Item, one hundred pieces of green silk for the knights, fourteen budge furs for surcoats, thirteen hoods of budge for clerks, and seventy-five furs of lambs for the lord’s liveries in summer, with canvas and cords to truss them, £72 19_s._

Item, saddles for the lord’s liveries in summer, £51 6_s._ 8_d._

Item, one saddle for the earl of the prince’s arms, 40_s._

Sum, £1079 18_s._ 3_d._

Item, for things bought, whereof cannot be read in my note, £241 14_s._ 1-1/4_d._

For horses lost in service of the earl, £8 6_s._ 8_d._

Fees paid to earls, barons, knights, and esquires, £623 15_s._ 5_d._

In gifts to knights of France, the Queen of England’s nurses, to the Countess of Warren, esquires, minstrels, messengers, and riders, £92 14_s._

Item, one hundred and sixty-eight yards of russet cloth,[103] and twenty-four coats for poor men, with money given to the poor on Maundy Thursday, £8 16_s._ 7_d._

Item, twenty-four silver dishes, so many saucers and so many cups for the buttery, one pair of pater nosters, and one silver coffin, bought this year, £103 5_s._ 6_d._

To divers messengers about the earl’s business, £34 19_s._ 8_d._

In the earl’s chamber, £5.

To divers men for the earl’s old debts, £88 16_s._ 0-3/4_d._

Sum, £1207 7_s._ 11-3/4_d._

The expences of the countess at Pickering for the time of this account, as in the pantry, buttery, kitchen, and other places, concerning these offices, £285 13_s._ 0-1/2_d._

In wine, wax, spices, cloths, furs, and other things for the countess’ wardrobe, £154 7_s._ 4-1/2_d._

Sum, £439 8_s._ 6-1/4_d._

Sum total of the whole expenses, £7957 13_s._ 4-1/2_d._

Thus much for this Earl of Lancaster.