The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-06-25
THE COMMON LAW INNS or TIE
INNER AND MIDDLE TEMPLE, AND
TTS ANCIENT CHURCH.
nv non. LANES w. HALL.

makes only void that part Whele ViAo A"NAV
is. and preserves the rest" The old lawyers
recognized in the Common Law the represen-
4ations of the immemorial customs of their
oountrv. the ancient landmarks of their pro
pertv. But it was with them, as opposed to
tbe obnoxious Civil Law, that the merits
of uLady Common Law" who, to use
Coke's language, "prefers to lie alone," shone
forth so conspicuously, for they recognized in
her the protecting divinity that guarded so
zealously liberty of thought, ofspeech, and OF
action: in those good old times deemed the
chief glory of the race. NO freeman certainly
oould hesitate to prefer the hardy features
of personal independence belonging to this
most excellent system, notwithstanding its
intricate forms and the tediousness of its ad-
lninistration, to the civil law, the code OF con-
tinental Europe, under which justice was the
subject rather than ruler. The Inns OF Court,
when thev first passed into the hands of the
gentlemen of the long robe, were the real nur-
series of the Common Law; but the glories which
70 their enraptured vision seemed to invest
their divinity, have faded. The procedures of
the Common Law more especially as regards
real estate and its maxims, are in great
measure abrogated. In reference even to
private relations, its doctrines are materially
changed. The doctrine, "that statutes in de-
rOgation of the Common Law are to be strictly
construed" !" has new in reality no solid founda-
tion either in American or English iurispru-
dence and though for long time the maxim
may fall as a familiar sound upon the forensic
ear, the dayis passed when innovating statutes
should be regarded with any peculiar severity,
or subjected to any strict rules of interpreta-
tion, because they abrogate some ancient rule
of that renowned, but somewhat obsolete,
system.
Old cross-grained Bentham, in his "Judi-
cial Evidence" declares, with more violence
than is warranted by truth that he would
Gas soon send a man to the COM
mon sewer to cleanse himself, as to the Com
mon Law for purity" The Common Law,
while it was not always what the enthusiastic
Coke pronounced it, ''the highest reason" we
yet venerate as the birthright of the subject,
the safeguard and defense not only of his pos
sessions and revenues, but of wife, children,
home, body, and fame.
The locality in the city of London known as
'The Temple lies between Fleet street and
the Thames, north and south, and White Friars
and Essex street, east and west, divided by
Middle Temple Lane into Inner and Middle
Temple, each having its hall, library, quad
rangles, courts, etc. It's history is a curious
one. The lawyers succeeded to the inheri-
tance of that powerful fraternity, The
Knights Templar of Jerusalem - whose guild
ing principle, enforced by the solemnities of
an oath, was "neverto permit Christian to be
unlawfully and unjustly despoiled of his heri-
tage." 1t were well had they conscientiously
assumed in wider sense the solemn obliga-
tion Of the Templar, ''that they never would
consent to permit not only any Christian,
but any man, 'to be shamefully despoiled OF
his heritage" The Temple Church, or at
least that part of it called "The Round, -
was built originally by the Knights Templar
of Jerusalem, an order who, plying the
sufferings of Christian pilgrims, entered
into a solemn compact to devote their
lives and fortunes for the defense of
the highway leading to Jerusalem, against the
inroads of the Saracen, and the ravages of the
powerful robbers who infested it. Their rise
was rapid, but not more so than the growth of
their ambition. From guarding the highway,
they took to guarding the Holy City itself.
Influential men joined the order, and threw
into its Golfers their entire fortunes. 1t grew
in power and wealth, and in the palmiest days
enrolled under its banners some of the might
est names in England. The Master of the
Temple took his place among the Peers in
Parliament. The dress of the Templar cores
ponded with that of the Red Cross Knight in
The Faery Queene of Spenser -
sand on his breast bloudie cross he boree
The deare remembrance of his dying Lord
For whose sweet sake that glorious badge he
And dead, as living, ever him adored."
About the reign of the Third Elizabeth, the
establishment belonging to the Templars came
into the hands of the Knights Hospitallers O
St. John of Jerusalem, and by them were de
missed to certain students of the common law
From that time the body of lawyers increased
in influence and importance. Soon they
became so powerful that it was found necessary
to divide the Inn into two fraternities, to b
called "The Honorable Societies of the Inner
and Middle Temple" having separate halls
but worshipping in one church. These asso
Citations appear to have suffered considerably
during the rebellion under Wat Tyler. Jacl
Cade had no great respect for the gentlemen
OF the long robe. He could not understand
Show the skin of an innocent lamb should b
made parchment, and that parchment. beint
scribbled on, should undo a man, Jack haS
heard some people say ''that the bee stinqs )
but, shrewd fellow, he had good reason I,
know sit was the bees way, for he did mt
seal once to a thing, and was never his owl
man after" Believing as honest Jack did. how
could he help thTusting his blazing torch ami,
the parchment treasures of the Inns of Court
The order soon recovered from the effect a
this fire, and waxed more potent than ever
About the first year of the reign of James tn
First we find the whole of this property wa
granted by letters patent to the Chancellor
the Exchequer, the Recorder of London, an
others, the Benchers and Treasurers of tn
Inner and Middle Temple, to Have and to Hol
to them and their assigns for ever. Thus 81
cured by royal grant, it has repained in thei
possession to this day. The place where no
the studious lawyers have their bowers" (fC
Temple Gardens still display their verdure o
the river side) is certainly not what the gentl
Ella declared 1t to be in his time, 'the mos
elegant spot in the Metropolis" The approac
IL nor ar4A.