[20]The propensity of lawyers for the stage, lingered amongst barristers on Circuit, to a comparatively recent date. 'Old stagers' of the Home and Western Circuits, can recall how the juniors of their briefless and bagless days used to entertain the natives of Guildford and Exeter with Shakspearian performances. The Northern Circuit also was at one time famous for the histrionic ability of its bar, but toward the close of the last century, the dramatic recreations of its junior members were discountenanced by the Grand Court.
[20]The propensity of lawyers for the stage, lingered amongst barristers on Circuit, to a comparatively recent date. 'Old stagers' of the Home and Western Circuits, can recall how the juniors of their briefless and bagless days used to entertain the natives of Guildford and Exeter with Shakspearian performances. The Northern Circuit also was at one time famous for the histrionic ability of its bar, but toward the close of the last century, the dramatic recreations of its junior members were discountenanced by the Grand Court.
ANTI-PRYNNE.
Of all the masques mentioned in the records of the Inns of Court, the most magnificent and costly was the famous Anti-Prynne demonstration, by which the lawyers endeavored to show their contemptuous disapproval of a work that inveighed against the licentiousness of the stage, and preferred a charge of wanton levity against those who encouraged theatrical performances.
Whilst the 'Histriomastix' rendered the author ridiculous to mere men of pleasure, it roused fierce animosities by the truth and fearless completeness of its assertions; but to no order of society was the famous attack on the stage more offensive than to the lawyers; and of lawyers the members of Lincoln's Inn were the most vehement in their displeasure. The actors writhed under the attack; the lawyers were literally furious with rage—for whilst rating them soundly for their love of theatrical amusements, Prynne almost contrived to make it seem that his views were acceptable to the wisest and most reverend members of the legal profession. Himself a barrister of Lincoln's Inn, he with equal craft and audacity complimented the benchers of that society on the firmness with which they had forbidden professional actors to take part in the periodic revels of the inn, and on their inclination to govern the society in accordance with Puritanical principles. Addressing his "Much Honored Friends, the Right Worshipful Masters of the Bench of the Honorable Flourishing Law Society of Lincoln's Inne," the utter-barrister said: "For whereas other Innes of Court (I know not by what evil custom, and worse example) admit of common actors and interludes upon their two grand festivalls, to recreate themselves withall, notwithstanding the statutes of our Kingdome (of which lawyers, of all others, should be most observant), have branded all professed stage-players for infamous rogues, and stage-playes for unlawful pastimes, especially on Lord's-dayes and other solemn holidayes, on which these grand dayes ever fall; yet such hath been your pious tender care, not only of this societie's honor, but also of the young students' good (for the advancing of whose piety and studies you have of late erected a magnificent chapel, and since that a library), that as you have prohibited by late publicke orders, all disorderly Bacchanalian Grand-Christmasses (more fit for pagans than Christians; for the deboisest roarers than grave civill students, who should be patternes of sobriety unto others), together with all publicke dice-play in the Hall (a most pernicious, infamous game; condemned in all ages, all places, not onely by councels, fathers, divines, civilians, canonists, politicians, and other Christian writers; by divers Pagan authors of all sorts, and by Mahomet himselfe; but likewise by sundry heathen, yea, Christian Magistrates' edicts)."
Concerning the London theatres he observes that the "two old play houses" (i.e., the Fortune and the Red Bull), the "new theatre" (i.e., Whitefriars play-house), and two other established theatres, being found inadequate to the wants of the play-going public, a sixth theatre had recently been opened. "The multitude of our London play-haunters being so augmented now, that all the ancient Divvel's Chappels (for so the fathers style all play-houses) being five in number, are not sufficient to containe their troops, whence we see a sixth now added to them, whereas even in vitious Nero his raigne there were but three standing theatres in Pagan Rome (though far more splendid than Christian London), and those three too many." Having thus enumerated some of the saddest features of his age, the author of the 'Player's Scourge' again commends the piety and decorum of the Lincoln's Inn Benchers, saying, "So likewise in imitation of the ancient Lacedæmonians and Massilienses, or rather of primitive zealous Christians, you have always from my first admission into your society, and long before, excluded all common players with their ungodly interludes, from all your solemn festivals."
If the benchers of one Inn winced under Prynne's 'expressions of approval,' the students of all the Inns of Court were even more displeased with the author who, in a dedicatory letter "to the right Christian, Generous Young Gentlemen-Students of the four Innes of Court, and especially those of Lincolne's Inne," urged them to "at last falsifie that ignominious censure which some English writers in their printed works have passed upon Innes of Court Students, of whom they record:—That Innes of Court men were undone but for players, that they are their chiefest guests and imployment, and the sole business that makes them afternoon's men; that is one of the first things they learne as soon as they are admitted, to see stage-playes, and take smoke at a play-house, which they commonly make their studie; where they quickly learne to follow all fashions, to drinke all healths, to wear favours and good cloathes, to consort with ruffianly companions, to swear the biggest oaths, to quarrel easily, fight desperately, quarrel inordinately, to spend their patrimony ere it fall, to use gracefully some gestures of apish compliment, to talk irreligiously, to dally with a mistresse, and hunt after harlots, to prove altogether lawless in steed of lawyers, and to forget that little learning, grace, and vertue which they had before; so much that they grow at last past hopes of ever doing good, either to the church, their country, their owne or others' souls."
The storm of indignation which followed the appearance of the 'Histriomastix' was directed by the members of the Four Inns, who felt themselves bound by honor no less than by interest, to disavow all connexion with, or leaning towards, the unpopular author.
On the suggestion of Lincoln's Inn, the four societies combined their forces, and at a cost of more than twenty thousand pounds, in addition to sums spent by individuals, entertained the Court with that splendid masque which Whitelock has described in his 'Memoirs' with elaborate prolixity. The piece entitled 'The Triumph of Peace,' was written by Shirley, and it was produced with a pomp and lavish expenditure that were without precedent. The organization and guidance of the undertaking were entrusted to a committee of eight barristers, two from each inn; and this select body comprised men who were alike remarkable for talents, accomplishments, and ambition, and some of whom were destined to play strangely diverse parts in the drama of their epoch. It comprised Edward Hyde, then in his twenty-sixth year; young Bulstrode Whitelock, who had not yet astonished the more decorous magnates of his country by wearing a falling-band at the Oxford Quarter Sessions; Edward Herbert, the most unfortunate of Cavalier lawyers; John Selden, already a middle-aged man; John Finch, born in the same year as Selden, and already far advanced in his eager course to a not honorable notoriety. Attorney General Noy was also of the party, but his disastrous career was already near its close.
The committee of management had their quarters at Ely House, Holborn; and from that historic palace the masquers started for Whitehall on the eve of Candlemas Day, 1633-4. It was a superb procession. First marched twenty tall footmen, blazing in liveries of scarlet cloth trimmed with lace, each of them holding a baton in his right hand, and in his left a flaring torch that covered his face with light, and made the steel and silver of his sword-scabbard shine brilliantly. A company of the marshal's men marched next with firm and even steps, clearing the way for their master. A burst of deafening applause came from the multitude as the marshal rode through the gateway of Ely House, and caracoled over the Holborn way on the finest charger that the king's stables could furnish. A perfect horseman and the handsomest man then in town, Mr. Darrel of Lincoln's Inn, had been elected to the office of marshal in deference to his wealth, his noble aspect, his fine nature, and his perfect mastery of all manly sports. On either side of Mr. Darrel's horse marched a lacquey bearing a flambeau, and the marshal's page was in attendance with his master's cloak. An interval of some twenty paces, and then came the marshal's body-guard, composed of one hundred mounted gentlemen of the Inns of Court—twenty-five from each house; showing in their faces the signs of gentle birth and honorable nurture; and with strong hands reining mettlesome chargers that had been furnished for their use by the greatest nobles of the land. This flood of flashing chivalry was succeeded by an anti-masque of beggars and cripples, mounted on the lamest and most unsightly of rat-tailed srews and spavined ponies, and wearing dresses that threw derision on legal vestments and decorations. Another anti-masque satirized the wild projects of crazy speculators and inventors; and as it moved along the spectators laughed aloud at the "fish-call, or looking-glass for fishes in the sea, very useful for fishermen to call all kinds of fish to their nets;" the newly-invented wind-mate for raising a breeze over becalmed seas, the "movable hydraulic" which should give sleep to patients suffering under fever.
Chariots and horsemen, torch-bearers and lacqueys, followed in order. "Then came the first chariot of the grand masquers, which was not so large as those that went before, but most curiously framed, carved, and painted with exquisite art, and purposely for this service and occasion. The form of it was after that of the Roman triumphant chariots. The seats in it were made of oval form in the back end of the chariot, so that there was no precedence in them, and the faces of all that sat in it might be seen together. The colors of the first chariot were silver and crimson, given by the lot to Gray's Inn: the chariot was drawn with four horses all abreast, and they were covered to their heels all over with cloth of tissue, of the colors of crimson and silver, huge plumes of white and red feathers on their heads; the coachman's cap and feather, his long coat, and his very whip and cushion of the same stuff and color. In this chariot sat the four grand masquers of Gray's Inn, their habits, doublets, trunk-hose, and caps of most rich cloth of tissue, and wrought as thick with silver spangles as they could be placed; large white stockings up to their trunk-hose, and rich sprigs in their cap, themselves proper and beautiful young gentlemen. On each side of the chariot were four footmen in liveries of the color of the chariot, carrying huge flamboys in their hands, which, with the torches, gave such a lustre to the paintings, spangles, and habits that hardly anything could be invented to appear more glorious."
Six musicians followed the state-chariot of Gray's Inn, playing as they went; and then came the triumphal cars of the Middle Templars, the Inner Templars, and the Lincoln's Inn men—each car being drawn by four horses and attended by torch-bearers, flambeau-bearers, and musicians. In shape these four cars were alike, but they differed in the color of their fittings. Whilst Gray's Inn used scarlet and silver, the Middle Templars chose blue and silver decorations, and each of the other two houses adopted a distinctive color for the housings of their horses and the liveries of their servants. It is noteworthy that the inns (equal as to considerations of dignity) took their places in the pageant by lot; and that the four grand masquers of each inn were seated in their chariot on seats so constructed that none of the four took precedence of the others. The inns, in days when questions of precedence received much attention, were very particular in asserting their equality, whenever two or more of them acted in co-operation. To mark this equality, the masque written by Beaumont and Fletcher in 1612 was described "The Masque of the Inner Temple and Grayes Inn; Grayes Inn and the Inner Temple:" and the dedication of the piece to Francis Bacon, reversing this transposition, mentions "the allied houses of Grayes Inn and the Inner Temple, and the Inner Temple and Grayes Inn," these changes being made to point the equal rank of the two fraternities.
Through the illuminated streets this pageant marched to the sound of trumpets and drums, cymbals and fifes, amidst the deafening acclamations of the delighted town; and when the lawyers reached Whitehall, the king and queen were so delighted with the spectacle, that the procession was ordered to make the circuit of the tilt-yard for the gratification of their Majesties, who would fain see the sight once again from the windows of their palace. Is there need to speak of the manner in which the masque was acted, of the music and dances, of the properties and scenes, of the stately banquet after the play and the grand ball which began at a still later hour, of the king's urbanity and the graciousness of Henrietta, who "did the honor to some of the masquers to dance with them herself, and to judge them as good dancers as she ever saw!"
Notwithstanding a few untoward broils and accidents, the entertainment passed off so satisfactorily that 'The Triumph of Peace' was acted for a second time in the presence of the king and queen, in the Merchant Taylors' Hall. Other diversions of the same kind followed with scarcely lesséclat. At Whitehall the king himself and some of the choicest nobles of the land turned actors, and performed a grand masque, on which occasion the Templars were present as spectators in seats of honor.
During the Shrovetide rejoicings of 1635, Henrietta even condescended to witness the performance of Davenant's 'Triumphs of the Prince d'Amour,' in the hall of the Middle Temple. Laying aside the garb of royalty, she went to the Temple, attended by a party of lords and ladies, and fine gentlemen who, like herself, assumed for the evening dresses suitable to persons of private station. The Marquis of Hamilton, the Countess of Denbigh, the Countess of Holland, and Lady Elizabeth Fielding were her companions; whilst the official attendants on her person were the Earl of Holland, Lord Goring, Mr. Percy, and Mr. Jermyn. Led to her place by "Mrs. Basse, the law-woman," Henrietta took a seat upon a scaffold fixed along the northern side of the hall, and amidst a crush of benchers' wives and daughters saw the play and heartily enjoyed it.
Says Whitelock, at the conclusion of his account of the grand masque given by the four inns, "Thus these dreams past, and these pomps vanished." Scarcely had the frolic terminated when death laid a chill hand on the time-serving Noy, who in the consequences of his dishonest counsels left a cruel legacy to the master and the country whom he alike betrayed. A few more years—and John Finch, having lost the Great Seal, was an exile in a foreign land, destined to die in penury, without again setting foot on his native soil. The graceful Herbert, whose smooth cheek had flushed with joy at Henrietta's musical courtesies, became for a brief day the mock Lord Keeper of Charles II.'s mock court at Paris, and then, dishonored and disowned by his capricious master, he languished in poverty and disease, until he found an obscure grave in the French capital. More fortunate than his early rival, Edward Hyde outlived Charles Stuart's days of adverse fortune, and rose to a grievous greatness; but like that early rival, he, too, died in exile in France. Perhaps of all the managers of the grand masque the scholarly pedant, John Selden, had the greatest share of earthly satisfaction. Not the least fortunate of the party was the historian of "the pomp and glory, if not the vanity of the show," who having survived the Commonwealth and witnessed the Restoration, was permitted to retain his paternal estate, and in his last days could tell his numerous descendants how his old chum, Edward Hyde, had risen, fallen, and—passed to another world.
AN EMPTY GRATE.
With the revival of gaiety which attended and followed the Restoration, revels and masques came once more into vogue at the Inns of Court, where, throughout the Commonwealth, plays had been prohibited, and festivals had been either abolished or deprived of their ancient hilarity. The caterers of amusement for the new king were not slow to suggest that he should honor the lawyers with a visit; and in accordance with their counsel, His Majesty took water on August 15, 1661, and went in the royal barge from Whitehall to the Temple to dine at the Reader's feast.
Heneage Finch had been chosen Autumn Reader of that inn, and in accordance with ancient usage he demonstrated his ability to instruct young gentlemen in the principles of English law, by giving a series of costly banquets. From the days of the Tudors to the rise of Oliver Cromwell, the Reader's feasts had been amongst the most sumptuous and ostentatious entertainments of the town—the Sergeant's feasts scarcely surpassing them in splendor, the inaugural dinners of lord mayors often lagging behind them in expense. But Heneage Finch's lavish hospitality outstripped the doings of all previous Readers. His revel was protracted throughout six days, and on each of these days he received at his table the representative members of some high social order or learned body. Beginning with a dinner to the nobility and Privy Councillors, he finished with a banquet to the king; and on the intervening days he entertained the civic authorities, the College of Physicians, the civil lawyers, and the dignitaries of the Church.
The king's visit was attended with imposing ceremony, and wanted no circumstance that could have rendered the occasion more honorable to the host or to the society of which he was a member. All the highest officers of the court accompanied the monarch, and when he stepped from his barge at the Temple Stairs, he spoke with jovial urbanity to his entertainer and the Lord Chief Justice of the Common Pleas, who received him with tokens of loyal deference and attachment. "On each side," says Dugdale, "as His Majesty passed, stood the Reader's servants in scarlet cloaks and white tabba doublets; there being a way made through the wall into the Temple Gardens; and above them on each side the benchers, barristers, and other gentlemen of the society, all in their gowns and formalities, the loud music playing from the time of his landing till he entered the hall; where he was received with xx violins, which continued as long as his majesty stayed." Fifty chosen gentlemen of the inn, wearing their academic gowns, placed dinner on the table, and waited on the feasters—no other servants being permitted to enter the hall during the progress of the banquet. On the dais at the top of the hall, under a canopy of state, the king and his brother James sat apart from men of lower degree, whilst the nobles of Whitehall occupied one long table, under the presidency of the Lord Chancellor, and the chief personages of the inn dined at a corresponding long table, having the reader for their chairman.
In the following January, Charles II. and the Duke of York honored Lincoln's Inn with a visit, whilst the mock Prince de la Grange held his court within the walls of that society. Nine years later—in the February of 1671—King Charles and his brother James again visited Lincoln's Inn, on which occasion they were entertained by Sir Francis Goodericke, Knt., the reader of the inn, who seems almost to have gone beyond Heneage Finch in sumptuous profusion of hospitality. Of this royal visit a particular account is to be seen in the Admittance Book of the Honorable Society, from which it appears that the royal brothers were attended by the Dukes of Monmouth and Richmond; the Earls of Manchester, Bath, and Anglesea; Viscount Halifax, the Bishop of Ely, Lord Newport, Lord Henry Howard, and "divers others of great qualitie."
The entertainment in most respects was a repetition of Sir Heneage Finch's feast—the king, the Duke of York, and Prince Rupert dining on the dais at the top of the hall, whilst the persons of inferior though high quality were regaled at two long tables, set down the hall; and the gentlemen of the inn condescending to act as menial servants. The reader himself, dropping on his knee when he performed the servile office, proffered the towel with which the king prepared himself for the repast; and barristers of ancient lineage and professional eminence contended for the honor of serving His Majesty with surloin and cheesecake upon the knee, and hastened with the alacrity of well-trained lacqueys to do the bidding of "the lords att their table." Having eaten and drunk to his lively satisfaction, Charles called for the Admittance Book of the Inn, and placed his name on the roll of members, thereby conferring on the society an honor for which no previous king of England had furnished a precedent. Following their chief's example, the Duke of York and Prince Rupert and other nobles forthwith joined the fraternity of lawyers; and hastily donning students' gowns, they mingled with the troop of gowned servitors, and humbly waited on their liege lord.
In like manner, twenty-one years since (July 29, 1845) when Queen Victoria and her lamented consort visited Lincoln's Inn, on the opening of the new hall, they condescended to enter their names in the Admission Book of the Inn, thereby making themselves students of the society. Her Majesty has not been called to the bar; but Prince Albert in due course became a barrister and bencher. Repeating the action of Charles II.'s courtiers, the great Duke of Wellington and the bevy of great nobles present at the celebration became fellow-students with the queen; and on leaving the table the prince walked down the hall, wearing a student's stuff gown (by no means the most picturesque of academic robes), over his field-marshal's uniform. Her Majesty forbore to disarrange her toilet—which consisted of a blue bonnet with blue feathers, a dress of Limerick lace, and a scarlet shawl, with a deep gold edging—by putting her arms through the sleeveless arm-holes of a bombazine frock.
Grateful to the lawyers for the cordiality with which they welcomed him to the country, William III. accepted an invitation to the Middle Temple, and was entertained by that society with a banquet and a masque, of which notice has been taken in another chapter of this work; and in 1697-8 Peter the Great was a guest at the Christmas revels of the Templars. On that occasion the Czar enjoyed a favorable opportunity for gratifying his love of strong drink, and for witnessing the ease with which our ancestors drank wine by the magnum and punch by the gallon, when they were bent on enjoyment.
In the greater refinement and increasing delicacy of the eighteenth century, the Inns of Court revels, which had for so many generations been conspicuous amongst the gaieties of the town, became less and less magnificent; and they altogether died out under the second of those Georges who are thought by some persons to have corrupted public morals and lowered the tastes of society. In 1733-4, when Lord Chancellor Talbot's elevation to the woolsack was celebrated by a revel in the Inner Temple Hall, the dulness and disorder of the celebration convinced the lawyers that they had not acted wisely in attempting to revive usages that had fallen into desuetude because they were inconvenient to new arrangements or repugnant to modern taste. No attempt was made to prolong the festivity over a succession of days. It was a revel of one day; and no one wished to add another to the period of riot. At two o'clock on Feb. 2, 1733-4, the new Chancellor, the master of the revels, the benchers of the inns, and the guests (who were for the most part lawyers), sat down to dinner in the hall. The barristers and students had their ordinary fare, with the addition of a flask of claret to each mess; but a superior repast was served at the High Table where fourteen students (of whom the Chancellor's eldest son was one), served as waiters. Whilst the banquet was in progress, musicians stationed in the gallery at the upper end of the hall filled the room with deafening noise, and ladies looked down upon the feasters from a large gallery which had been fitted up for their reception over the screen. After dinner, as soon as the hall could be cleared of dishes and decanters, the company were entertained with 'Love for Love,' and 'The Devil to Pay,' performed by professional actors who "all came from the Haymarket in chairs, ready dressed, and (as it was said), refused any gratuity for their trouble, looking upon the honor of distinguishing themselves on this occasion as sufficient." The players having withdrawn, the judges, sergeants, benchers, and other dignitaries, danced 'round about the coal fire;' that is to say, they danced round about a stove in which there was not a single spark of fire. The congregation of many hundreds of persons, in a hall which had not comfortable room for half the number, rendered the air so oppressively hot that the master of the revels wisely resolved to lead his troop of revellers round an empty grate. The chronicler of this ridiculous mummery observes: "And all the time of the dance the ancient song, accompanied by music, was sung by one Toby Aston, dressed in a bar-gown, whose father had formerly been Master of the Plea Office in the King's Bench. When this was over, the ladies came down from the gallery, went into the parliament chamber, and stayed about a quarter of an hour, while the hall was being put in order. They then went into the hall and danced a few minuets. Country dances began at ten, and at twelve a Very fine cold collation was provided for the whole company, from which they returned to dancing, which they continued as long as they pleased, and the whole day's entertainment was generally thought to be very genteelly and liberally conducted. The Prince of Wales honored the performance with his company part of the time; he came into the musicincog.about the middle of the play, and went away as soon as the farce of 'walking round the coal fire' was over."
With this notable dance of lawyers round an empty grate, the old revels disappeared. In their Grand Days, equivalent to the gaudy days, or feast days, or audit days of the colleges at Oxford and Cambridge, the Inns of Court still retain the last vestiges of their ancient jollifications, but the uproarious riot of the obsolete festivities is but faintly echoed by the songs and laughter of the junior barristers and students who in these degenerate times gladden their hearts and loosen their tongues with an extra glass of wine after grand dinners, and then hasten back to chambers for tobacco and tea.
On the discontinuance of the revels the Inns of Court lost their chief attractions for the courtly pleasure-seekers of the town, and many a day passed before another royal visit was paid to any one of the societies. In 1734 George III.'s father stood amongst the musicians in the Inner Temple Hall; and after the lapse of one century and eleven years the present queen accepted the hospitality of Lincoln's Inn. No record exists of a royal visit made to an Inn of Court between those events. Only the other day, however, the Prince of Wales went eastwards and partook of a banquet in the hall of Middle Temple, of which society he is a barrister and a bencher.
LEGAL EDUCATION.
INNS OF COURT AND INNS OF CHANCERY.
Schools for the study of the Common Law, existed within the bounds of the city of London, at the commencement of the thirteenth century. No sooner had a permanent home been assigned to the Court of Common Pleas, than legal practitioners fixed themselves in the neighborhood of Westminster, or within the walls of London. A legal society speedily grew up in the city; and some of the older and more learned professors of the Common Law, devoting a portion of their time and energies to the labors of instruction, opened academies for the reception of students. Dugdale notices a tradition that in ancient times a law-school, called Johnson's Inn, stood in Dowgate, that another existed in Pewter Lane, and that Paternoster Row contained a third; and it is generally thought that these three inns were amongst the academies which sprung up as soon as the Common Pleas obtained a permanent abode.
The schools thus established in the opening years of the thirteenth century, were not allowed to flourish for any great length of time; for in the nineteenth year of his reign, Henry III. suppressed them by a mandate addressed to the mayor and sheriffs of the city. But though this king broke up the schools, the scholars persevered in their study; and if the king's mandate aimed at a complete discontinuance of legal instruction, his policy was signally defeated.
Successive writers have credited Edward III.'s reign with the establishment of Inns of Court; and it has been erroneously inferred that the study of the Common Law not only languished, but was altogether extinct during the period of nearly one hundred years that intervened between Henry III.'s dissolution of the city schools and Edward III.'s accession. Abundant evidence, however, exists that this was not the case. Edward I., in the twentieth year of his reign, ordered his judges of the Common Pleas to "provide and ordain, from every county, certain attorneys and lawyers" (in the original "atturnatus etapprenticiis") "of the best and most apt for their learning and skill, who might do service to his court and people; and those so chosen, and no other should follow his court, and transact affairs therein; the words of which order make it clear that the country contained a considerable body of persons who devoted themselves to the study and practice of the law." So also in the Year-book, 1 Ed. III., the words, "et puis une apprentise demand," show that lawyers holding legal degrees existed in the very first year of Edward III.'s reign; a fact which justifies the inference that in the previous reign England contained Common Law schools capable of granting the legal degree of apprentice. Again Dugdale remarks, "In 20 Ed. III., in aquod ei deforciatto an exception taken, it was answered by Sir Richard de Willoughby (then a learned justice of theCommon Pleas) and William Skipwith, (afterwards also one of the justices of that court), that the same was no exception amongst theApprentices in Hostells or Inns." Whence it is manifest that Inns of Court were institutions in full vigor at the time when they have been sometimes represented as originally established.
But after their expulsion from the city, there is reason to think that the common lawyers made no attempt to reside in colleges within its boundaries. They preferred to establish themselves on spots where they could enjoy pure air and rural quietude, could surround themselves with trees and lawns, or refresh their eyes with the sight of the silver Thames. In the earliest part of the fourteenth century, they took possession of a great palace that stood on the western outskirt of the town, and looked westwards upon green fields, whilst its eastern wall abutted on New Street—a thoroughfare that was subsequently called Chancellor's Lane, and has for many years been known as Chancery Lane. This palace had been the residence of Henry Lacy, Earl of Lincoln, who conferred upon the building the name which it still bears. The earl died in 1310, some seventeen years before Edward III.'s accession; and Thynne, the antiquary, was of opinion that no considerable period intervened between Henry Lacy's death and the entry of the lawyers. In the same century, the lawyers took possession of the Temple. The exact date of their entry is unknown; but Chaucer's verse enables the student to fix, with sufficient preciseness, the period when the more noble apprentices of the law first occupied the Temple as tenants of the Knight's Hospitallers of St. John of Jerusalem, who obtained a grant of the place from Edward III.[21]The absence of fuller particulars concerning the early history of the legal Templars, is ordinarily and with good reason attributed to Wat Tyler's rebels, who destroyed the records of the fraternity by fire. From roof to basement, beginning with the tiles, and working downwards, the mob destroyed the principal houses of the college; and when they had burnt all the archives on which they could lay hands, they went off and expended their remaining fury on other buildings, of which the Knights of St. John were proprietors.
The same men who saw the lawyers take possession of the Temple on the northern banks of the Thames, and of the Earl of Lincoln's palace in New Street, saw them also make a third grand settlement. The manor of Portepoole, or Purpoole, became the property of the Grays of Wilton, in the twenty-second year of Edward I.; and on its green fields, lying north of Holborn, a society of lawyers established a college which still retains the name of the ancient proprietors of the soil. Concerning the exact date of its institution, the uncertainty is even greater than that which obscures the foundation of the Temple and Lincoln's Inn; but antiquaries have agreed to assign the creation of Gray's Inn, as an hospicium for the entertainment of lawyers, to the time of Edward III.
The date at which the Temple lawyers split up into two separate societies, is also unknown; but assigning the division to some period posterior to Wat Tyler's insurrection, Dugdale says, "But, notwithstanding, this spoil by the rebels, those students so increased here, that at length they divided themselves into two bodies; the one commonly known by the Society of the Inner Temple, and the other of the Middle Temple, holding this mansion as tenants." But as both societies had a common origin in the migration of lawyers from Thavies Inn, Holborn, in the time of Edward III., it is usual to speak of the two Temples as instituted in that reign, and to regard all four Inns of Court as the work of the fourteenth century.
The Inns of Chancery for many generations maintained towards the Inns of Court a position similar to that which Eton School maintains towards King's at Cambridge, or that which Winchester School holds to New College at Oxford. They were seminaries in which lads underwent preparation for the superior discipline and greater freedom of the four colleges. Each Inn of Court had its own Inns of Chancery, yearly receiving from them the pupils who had qualified themselves for promotion to the status of Inns-of-Court men. In course of time, students after receiving the preliminary education in an Inn of Chancery were permitted to enter an Inn of Court on which their Inn of Chancery was not dependent; but at every Inn of Court higher admission fees were charged to students coming from Inns of Chancery over which it had no control, than to students who came from its own primary schools. If the reader bears in mind the difference in respect to age, learning, and privileges between our modern public schoolboys and university undergraduates, he will realize with sufficient nearness to truth the differences which existed between the Inns of Chancery students and the Inns of Court students in the fifteenth century; and in the students, utter-barristers, and benchers of the Inns of Court at the same period he may see three distinct orders of academic persons closely resembling the undergraduates, bachelors of arts, and masters of arts in our universities.
In the 'De Laudibus Legum Angliæ,'[22]written in the latter part of the fifteenth century, Sir John Fortescue says—"But to the intent, most excellent Prince, yee may conceive a forme and an image of this study, as I am able, I wil describe it unto you. For there be in it ten lesser houses or innes, and sometimes moe, which are called Innes of the Chauncerye. And to every one of them belongeth an hundred students at least, and to some of them a much greater number, though they be not ever all together in the same."
In Charles II.'s time there were eight Inns of Chancery; and of them three were subsidiary to the Inner Temple—viz., Clifford's Inn, Clement's Inn, and Lyon's Inn. Clifford's Inn (originally the town residence of the Barons Clifford) was first inhabited by law-students in the eighteenth year of Edward III. Clement's Inn (taking its name from the adjacent St. Clement's Well) was certainly inhabited by law-students as early as the nineteenth year of Edward IV. Lyon's Inn was an Inn of Chancery in the time of Henry V.
One alone (New Inn) was attached to the Middle Temple. In the previous century, the Middle Temple had possessed another Inn of Chancery called Strand Inn; but in the third year of Edward VI. this nursery was pulled down by the Duke of Somerset, who required the ground on which it stood for the site of Somerset House.
Lincoln's Inn had for dependent schools Furnival's Inn and Thavies Inn—the latter of which hostels was inhabited by law-students in Edward III.'s time. Of Furnival's Inn (originally Lord Furnival's town mansion, and converted into a law-school in Edward VI.'s reign) Dugdale says: "After which time the Principall and Fellows of this Inne have paid to the society of Lincoln's Inne the rent of iiilvisiiidas an yearly rent for the same, as may appear by the accompts of that house; and by speciall order there made, have had these following priviledges: first (viz. 10 Eliz.), that the utter-barristers of Furnivall's Inne, of a yeares continuance, and so certified and allowed by the Benchers of Lincoln's Inne, shall pay no more than four marks apiece for their admittance into that society. Next (viz. in Eliz.) that every fellow of this inne, who hath been allowed an utter-barrister here, and that hath mooted here two vacations at the Utter Bar, shall pay no more for their admission into the Society of Lincoln's Inne, than xiiisiiiid, though all utter-barristers of any other Inne of Chancery (excepting Thavyes Inne) should pay xxs, and that every inner-barrister of this house, who hath mooted here one vacation at the Inner Bar, should pay for his admission into this House but xxs, those of other houses (excepting Thavyes Inne) paying xxvisviiid."
The subordinate seminaries of Gray's Inn, in Dugdale's time, were Staple Inn and Barnard's Inn. Originally the Exchange of the London woolen merchants, Staple Inn was a law-school as early as Henry V.'s time. It is probable that Bernard's Inn became an academy for law-students in the reign of Henry VI.
[21]Chaucer mentions the Temple thus:—"A manciple there was of the Temple,Of which all catours might take ensempleFor to be wise in buying of vitaile;For whether he pay'd or took by taile,Algate he wayted so in his ashate,That he was aye before in good estate.Now is not that of God a full faire grace,That such a leude man's wit shall paceThe wisdome of an heape of learned men?Of masters had he more than thrice ten,That were of law expert and curious,Of which there was a dozen in that house,Worthy to been stewards of rent and landOf any lord that is in England;To maken him live by his proper goodIn honour debtless, but if he were wood;Or live as scarcely as him list desire,And able to helpen all a shire,In any case that might have fallen or hap,And yet the manciple set all her capp."[22]The 'De Laudibus' was written in Latin; but for the convenience of readers not familiar with that classic tongue, the quotations from the treatise are given from Robert Mulcaster's English version.
[21]Chaucer mentions the Temple thus:—
"A manciple there was of the Temple,Of which all catours might take ensempleFor to be wise in buying of vitaile;For whether he pay'd or took by taile,Algate he wayted so in his ashate,That he was aye before in good estate.Now is not that of God a full faire grace,That such a leude man's wit shall paceThe wisdome of an heape of learned men?Of masters had he more than thrice ten,That were of law expert and curious,Of which there was a dozen in that house,Worthy to been stewards of rent and landOf any lord that is in England;To maken him live by his proper goodIn honour debtless, but if he were wood;Or live as scarcely as him list desire,And able to helpen all a shire,In any case that might have fallen or hap,And yet the manciple set all her capp."
[22]The 'De Laudibus' was written in Latin; but for the convenience of readers not familiar with that classic tongue, the quotations from the treatise are given from Robert Mulcaster's English version.
LAWYERS AND GENTLEMEN.
Thus planted in the fourteenth century beyond the confines of the city, and within easy access of Westminster Hall, the Inns of Court and Chancery formed an university, which soon became almost as powerful and famous as either Oxford or Cambridge. For generations they were spoken of collectively as the law-university, and though they were voluntary societies—in their nature akin to the club-houses of modern London—they adopted common rules of discipline, and an uniform system of instruction. Students flocked to them in abundance; and whereas the students of Oxford and Cambridge were drawn from the plebeian ranks of society, the scholars of the law-university were almost invariably the sons of wealthy men and had usually sprung from gentle families. To be a law-student was to be a stripling of quality. The law university enjoyed the same patricianprestigeandéclatthat now belong to the more aristocratic houses of the old universities.
Noblemen sent their sons to it in order that they might acquire the style and learning and accomplishments of polite society. A proportion of the students were encouraged to devote themselves to the study of the law and to attend sedulously the sittings of Judges in Westminster Hall; but the majority of well-descended boys who inhabited the Inns of Chancery were heirs to good estates, and were trained to become their wealth rather than to increase it—to perfect themselves in graceful arts, rather than to qualify themselves to hold briefs. The same was the case in the Inns of Court, which were so designated—not because they prepared young men to rise in courts of law, but because they taught them to shine in the palaces of kings. It is a mistake to suppose that the Inns of Court contain at the present time a larger proportion of idle members, who have no intention to practise at the bar, than they contained under the Plantagenets and Tudors. On the contrary, in the fourteenth and fifteenth centuries, the number of Templars who merely played at being lawyers, or were lawyers only in name, was actually as well as relatively greater than the merelynominallawyers of the Temple at the present time. For several generations, and for two centuries after Sir John Fortescue wrote the 'De Laudibus,' the Inns-of-Court man was more busied in learning to sing than in learning to argue a law cause, more desirous to fence with a sword than to fence with logic.
"Notwithstanding," runs Mulcaster's translation of the 'De Laudibus,'[23]"the same lawes are taught and learned, in a certaine place of publique or common studie, more convenient and apt for attayninge to the knowledge of them, than any other university. For theyr place of studie is situate nigh to the Kinges Courts, where the same lawes are pleaded and argued, and judgements by the same given by judges, men of gravitie, auncient in yeares, perfit and graduate in the same lawes. Wherefore, euerie day in court, the students in those lawes resorte by great numbers into those courts wherein the same lawes are read and taught, as it were in common schooles. This place of studie is far betweene the place of the said courts and the cittie of London, which of all thinges necessarie is the plentifullest of all cities and townes of the realme. So that the said place of studie is not situate within the cittie, where the confluence of people might disturb the quietnes of the studentes, but somewhat severall in the suburbes of the same cittie, and nigher to the saide courts, that the studentes may dayelye at their pleasure have accesse and recourse thither without weariness."
Setting forth the condition and pursuits of law-students in his day, Sir John Fortesque continues; "For in these greater inns, there can no student bee mayntayned for lesse expenses by the yeare than twentye markes. And if hee have a servaunt to wait uppon him, as most of them have, then so much the greater will his charges bee. Nowe, by reason of this charge, the children onely of noblemenne doo studye the lawes in those innes. For the poore and common sorte of the people are not able to bear so great charges for the exhibytion of theyr chyldren. And Marchaunt menne can seldome finde in theyr heartes to hynder theyr merchaundise with so greate yearly expenses. And it thus falleth out that there is scant anye man founde within the realme skilfull and cunning in the lawes, except he be a gentleman borne, and come of noble stocke. Wherefore they more than any other kinde of men have a speciall regarde to their nobility, and to the preservation of their honor and fame. And to speake upryghtlye, there is in these greater innes, yea, and in the lesser too, beside the studie of the lawes, as it were an university or schoole of all commendable qualities requisite for noble men. There they learn to sing, and to exercise themselves in all kinde of harmonye. There also they practice daunsing, and other noblemen's pastimes, as they use to do, which are brought up in the king's house. On the working dayes, the most of them apply themselves to the studye of the lawe, and on the holye dayes to the studye of holye Scripture;[24]and out of the tyme of divine service, to the reading of Chronicles. For there indeede are vertues studied, and vices exiled. So that, for the endowment of vertue, and abandoning of vice, Knights and Barrons, with other states and noblemen of the realme, place their children in those innes, though they desire not to have them learned in the lawes, nor to lieue by the practice thereof, but onely uppon their father's allowance. Scant at anye tyme is there heard among them any sedition, chyding, or grudging, and yet the offenders are punished with none other payne, but onely to bee amooved from the compayne of their fellowshippe. Which punishment they doo more feare than other criminall offendours doo feare imprisonment and yrons: For hee that is once expelled from anye of those fellowshippes is never received to bee a felowe in any of the other fellowshippes. And so by this means there is continuall peace; and their demeanor is lyke the behaviour of such as are coupled together in perfect amytie."
Any person familiar with the Inns of Court at the present time will see how closely the law-colleges of Victoria's London resemble in many important particulars the law-colleges of Fortescue's period. After the fashion of four centuries since young men are still induced to enter them for the sake of honorable companionship, good society, and social prestige, rather than for the sake of legal education. After the remarks already made with regard to musical lawyers in a previous section of this work, it is needless to say that Inns of Court men are not remarkable for their application to vocal harmony; but the younger members are still remarkable for the zeal with which they endeavor to master the accomplishments which distinguish men of fashion and tone. If the nominal (sometimes they are called 'ornamental') barristers of the fifteenth century liked to read the Holy Scriptures, the young lawyers of the nineteenth century are no less disposed to read their Bibles critically, and argue as to the merits of Bishop Colenso and his opponents. Moreover, the discipline described by Fortescue is still found sufficient to maintain order in the inns.
Writing more than a century after Fortescue, Sir John Ferne, in his 'Blazon of Gentrie, the Glory of Generosity, and the Lacy's Nobility,' observes: "Nobleness of blood, joyned with virtue, compteth the person as most meet to the enterprize of any public service; and for that cause it was not for nought that our antient governors in this land, did with a special foresight and wisdom provide, that none should be admitted into the Houses of Court, being seminaries sending forth men apt to the government of justice, except he were a gentleman of blood. And that this may seem a truth, I myself have seen a kalendar of all those which were together in the society of one of the same houses, about the last year of King Henry the Fifth, with the armes of their House and family marshalled by their names; and I assure you, the self same monument doth both approve them all to be gentlemen of perfect descents and also the number of them much less than now it is, being at that time in one house scarcely three score."[25]
This passage from an author who delighted to magnify the advantages of generous descent, has contributed to the very general and erroneous impression that until comparatively recent times the members of the English bar were necessarily drawn from the highest ranks of society; and several excellent writers on the antiquities of the law have laid aside their customary caution and strengthened Ferne's words with inaccurate comment.
Thus Pearce says of the author of the 'Glory of Generositie'—"He was one of the advocates for excluding from the Inns of Court all who were not 'a gentleman by blood,' according to the ancient rule mentioned by Fortescue, which seems to have been disregarded in Elizabeth's time." Fortescue nowhere mentions any such rule, but attributes the aristocratic character of the law-colleges to the high cost of membership. Far from implying that men of mean extraction were excluded by an express prohibition, his words justify the inference that no such rule existed in his time.
Though Inns-of-Court men were for many generations gentlemen by birth almost without a single exception, it yet remains to be proved that plebeian birth at any period disqualified persons for admission to the law-colleges. If such a restriction ever existed it had disappeared before the close of the fifteenth century—a period not favorable to the views of those who were most anxious to remove the barriers placed by feudal society between the gentle and the vulgar. Sir John More (the father of the famous Sir Thomas) was a Judge in the King's Bench, although his parentage was obscure; and it is worthy of notice that he was a successful lawyer of Fortescue's period. Lord Chancellor Audley was not entitled to bear arms by birth, but was merely the son of a prosperous yeoman. The lowliness of his extraction cannot have been any serious impediment to him, for before the end of his thirty-sixth year he was a sergeant. In the following century the inns received a steadily increasing number of students, who either lacked generous lineage or were the offspring of shameful love. For instance, Chief Justice Wray's birth was scandalous; and if Lord Ellesmere in his youth reflected with pride on the dignity of his father, Sir Richard Egerton, he had reason to blush for his mother. Ferne's lament over the loss of heraldric virtue and splendor, which the inns had sustained in his time, testifies to the presence of a considerable plebeian element amongst the members of the law-university. But that which was marked in the sixteenth was far more apparent in the seventeenth century. Scroggs's enemies were wrong in stigmatizing him as a butcher's son, for the odious chief justice was born and bred a gentleman, and Jeffreys could boast a decent extraction; but there is abundance of evidence that throughout the reigns of the Stuarts the inns swarmed with low-born adventurers. The career of Chief Justice Saunders, who, beginning as a "poor beggar boy," of unknown parentage, raised himself to the Chiefship of the King's Bench, shows how low an origin a judge might have in the seventeenth century. To mention the names of such men as Parker, King, Yorke, Ryder, and the Scotts, without placing beside them the names of such men as Henley, Harcourt, Bathurst, Talbot, Murray, and Erskine, would tend to create an erroneous impression that in the eighteenth century the bar ceased to comprise amongst its industrious members a large aristocratic element.
The number of barristers, however, who in that period brought themselves by talent and honorable perseverance into the foremost rank of the legal profession in spite of humble birth, unquestionably shows that ambitious men from the obscure middle classes were more frequently than in any previous century found pushing their fortunes in Westminster Hall. Lord Macclesfield was the son of an attorney whose parents were of lowly origin, and whose worldly means were even lower than their ancestral condition. Lord Chancellor King's father was a grocer and salter who carried on a retail business at Exeter; and in his youth the Chancellor himself had acted as his father's apprentice—standing behind the counter and wearing the apron and sleeves of a grocer's servitor. Philip Yorke was the son of a country attorney who could boast neither wealth nor gentle descent. Chief Justice Ryder was the son of a mercer whose shop stood in West Smithfield, and grandson of a dissenting minister, who, though he bore the name, is not known to have inherited the blood of the Yorkshire Ryders. Sir William Blackstone was the fourth son of a silkman and citizen of London. Lords Stowell and Eldon were the children of a provincial tradesman. The learned and good Sir Samuel Romilly's father was Peter Romilly, jeweller, of Frith Street, Soho. Such were the origins of some of the men who won the prizes of the law in comparatively recent times. The present century has produced an even greater number of barristers who have achieved eminence, and are able to say with honest pride that they are thefirstgentlemen mentioned in their pedigrees; and so thoroughly has the bar become an open profession, accessible to all persons[26]who have the means of gentlemen, that no barrister at the present time would have the bad taste or foolish hardihood to express openly his regret that the members of a liberal profession should no longer pay a hurtful attention to illiberal distinctions.
According to Fortescue, the law-students belonging at the same time to the Inns of Court and Chancery numberedat leastone thousand eight hundred in the fifteenth century; and it may be fairly inferred from his words that their number considerably exceeded two thousand. To each of the ten Inns of Chancery the author of the 'De Laudibus' assigns "an hundred students at the least, and to some of them a much greater number;" and he says that the least populous of the four Inns of Court contained "two hundred students or thereabouts." At the present time the number of barristers—together with Fellows of the College of Advocates, and certificated special pleaders and conveyancers not at the bar—is shown by the Law List for 1866 to be somewhat more than 4800.[27]Even when it is borne in mind how much the legal business of the whole nation has necessarily increased with the growth of our commercial prosperity—it being at the same time remembered, upon the other hand, how many times the population of the country has doubled itself since the wars of the Roses—few persons will be of opinion that the legal profession, either by the number of its practitioners or its command of employment, is a more conspicuous and prosperous power at the present time than it was in the fifteenth century.
Ferne was by no means the only gentleman of Elizabethan London to deplore the rapid increase in the number of lawyers, and to regret the growing liberality which encouraged—or rather the national prosperity which enabled—men of inferior parentage to adopt the law as a profession. In his address on Mr. Clerke's elevation to the dignity of a sergeant, Lord Chancellor Hatton, echoing the common complaint concerning the degradation of the law through the swarms of plebeian students and practitioners, observed—"Let not the dignitie of the lawe be geven to men unmeete. And I do exhorte you all that are heare present not to call men to the barre or the benches that are so unmeete. I finde that there are now more at the barre in one house than there was in all the Innes of Court when I was a younge man." Notwithstanding the Chancellor's earnest statement of his personal recollection of the state of things when he was a young man, there is reason to think that he was quite in error in thinking that lawyers had increased so greatly in number. From a MS. in Lord Burleigh's collection, it appears that in 1586 the number of law-students, resident during term, was only 1703—a smaller number than that which Fortescue computed the entire population of the London law-students, at a time when civil war had cruelly diminished the number of men likely to join an aristocratic university. Sir Edward Coke estimated the roll of Elizabethan law-students at one thousand, half their number in Fortescue's time. Coke, however, confined his attention in this matter to the Students of Inns of Court, and paid no attention to Inns of Chancery. Either Hatton greatly exaggerated the increase of the legal working profession; or in previous times the proportion of law-students who never became barristers greatly exceeded those who were ultimately called to the bar.
Something more than a hundred years later, the old cry against the low-born adventurers, who, to the injury of the public and the degradation of the law, were said to overwhelm counsellors and solicitors of superior tone and pedigree, was still frequently heard in the coteries of disappointed candidates for employment in Westminster Hall, and on the lips of men whose hopes of achieving social distinction were likely to be frustrated so long as plebeian learning and energy were permitted to have free action. In his 'History of Hertfordshire' (published in 1700), Sir Henry Chauncey, Sergeant-at-Law, exclaims: "But now these mechanicks, ambitious of rule and government, often educate their sons in these seminaries of law, whereby they overstock the profession, and so make it contemptible; whilst the gentry, not sensible of the mischief they draw upon themselves, but also upon the nation, prefer them in their business before their own children, whom they bereave of their employment, formerly designed for their support; qualifying their servants, by the profit of this profession, to purchase their estates, and by this means make them their lords and masters, whilst they lessen the trade of the kingdom, and cause a scarcity of husbandmen, workmen, artificers, and servants in the nation."
That the Inns of Court became less and less aristocratic throughout the seventeenth and eighteenth centuries there is no reason to doubt; but it may be questioned whether it was so overstocked with competent working members, as poor Sir Henry Chauncey imagined it. Describing the state of the inns some two generations later, Blackstone computed the number of law-students at about a thousand, perhaps slightly more; and he observes that in his time the merelynominallaw-students were comparatively few. "Wherefore," he says, "few gentlemen now resort to the Inns of Court, but such for whom the knowledge of practice is absolutely necessary; such, I mean, as are intended for the profession; the rest of our gentry, (not to say our nobility also) having usually retired to their estates, or visited foreign kingdoms, or entered upon public life, without any instruction in the laws of the land, and indeed with hardly any opportunity of gaining instruction, unless it can be afforded to them in the universities."
The folly of those who lamented that men of plebeian rank were allowed to adopt the legal profession as a means of livelihood, was however exceeded by the folly of men of another sort, who endeavored to hide the humble extractions of eminent lawyers, under the ingenious falsehoods of fictitious pedigrees. In the last century, no sooner had a lawyer of humble birth risen to distinction, than he was pestered by fabricators of false genealogies, who implored him to accept their silly romances about his ancestry. In most cases, these ridiculous applicants hoped to receive money for their dishonest representations; but not seldom it happened that they were actuated by a sincere desire to protect the heraldic honor of the law from the aspersions of those who maintained that a man might fight his way to the woolsack, although his father had been a tender of swine. Sometimes these imaginative chroniclers, not content with fabricating a genealogical chart for aparvenuLord Chancellor, insisted that he should permit them to write their lives in such a fashion, that their earlier experiences should seem to be in harmony with their later fortunes. Lord Macclesfield (the son of a poor and ill-descended country attorney), was traced by officious adulators to Reginald Le Parker, who accompanied Edward I., while Prince of Wales, to the Holy Land. In like manner a manufacturer of genealogies traced Lord Eldon to Sir Michael Scott of Balwearie. When one of this servile school of worshippers approached Lord Thurlow with an assurance that he was of kin with Cromwell's secretary Thurloe, the Chancellor, with bluff honesty, responded, "Sir, as Mr. Secretary Thurloe was, like myself, a Suffolk man, you have an excuse for your mistake. In the seventeenth century two Thurlows, who were in no way related to each other, flourished in Suffolk. One was Cromwell's secretary Thurloe, the other was Thurlow, the Suffolk carrier. I am descended from the carrier." Notwithstanding Lord Thurlow's frequent and consistent disavowals of pretension to any heraldic pedigree, his collateral descendants are credited in the 'Peerages' with a descent from an ancient family.