thought fit to omit it and I would not have the good Man depriv'd of such a publick testimony of his Modesty and love for Truth About the Year 1637. Sir William Dugdale acquainted our Author that many Learned Men were very desirous to see the Second Part publisht and requested of him to gratifie the world with the Work entire Upon that he show'd him the Second part as also the improvements that he had made upon the First but withall told him what great discouragements he had met with from the Booksellers So for that time the matter rested and upon the Author's death all the papers came into the hands of his eldest Son Sir John Spelman a Gentleman who had sufficient parts and abilities to compleat what his Father had begun if death had not prevented him After the Restoration of King Charles II. Arch-bishop Sheldon and the Lord Chancellor Hyde enquir'd of Sir William Dugdale what became of the Second part of the Glossary or whether it was ever finisht He told them that it was finisht by the Author and that the Copy was in the hands of Mr. Charles Spelman Grandson to Sir Henry They desir'd that it might by all means be printed and that he would prevail upon Mr. Spelman to do it for the Service of the Publick and the honour of his Grandfather Whereupon having got a good number of Subscriptions the management of that whole affair was referr'd to Sir William Dugdale as well to treat with the Booksellers as to prepare the Copy for the Press The share that Sir William Dugdale had in the publication of this Second Part has been made the ground of a suspicion that he inserted many things of his own that were not in Sir Henry Spelman's Copy and particularly some passages which tend to the enlargement of the Prerogative in opposition to the Liberties of the Subject The objection has been rais'd on occasion of a Controversie about the Antiquity of the Commons in Parliament the Authority of Sir Henry being urg'd to prove that there was no such thing as a House of Commons till the time of Henry III. It is agreed on all hands that this Learned Knight was a very competent Judge of that Controversie that as he had thoroughly study'd our Constitution so he always writ without partiality or prejudice that he was not engag'd in a party nor had any other design but to publish the truth fairly and honestly as he found it asserted by the best Historians Upon these grounds his Opinion in matters of this nature has ever been thought confiderable and his bare Judgement will always be valu'd when we can be sure that it is his own And there can be no doubt but his Assertions under the Title Parlamentum upon which the controversie is rais'd are his own and not an interpolation of Sir William Dugdale's For the very Copy from which it was Printed is in the Bodleian Library in Sir Henry Spelman's own hand and agrees exactly with the Printed Book particularly in the passages under dispute they are the same word for word So far then as this Copy goes for it ends at the word Riota it is a certain testimony that Sir William Dugdale did no more than mark it for the Printer and transcribe here and there a loose paper And tho' the rest of the Copy was lost before it came to the Oxford Library and so we have not the same authority for the Glossarie's being genuine after the Letter R yet it is not likely that Sir William had any more share in the seven last Letters of the Alphabet than he had in the others For all the parts of such a Work must be carry'd on at the same time and so to be sure the Author left equal materials for the whole The Gentleman also who is concern'd to prove the Second Part to be all genuine has urg'd Sir William Dugdale's own authority for it and that too while he was living Then I have seen a Letter from Sir William Dugdale to Mr. Spelman giving him an account of the great losses he had sustain'd by the Fire of London and the pains he had taken in the publication of the Councils and Glossary As to the former he expresly lays claim to the better half of it as his own Work and Collection adding that if the Impression had not perisht in all right and reason he ought to have had consideration for the same as also so he goes on for my pains in fitting the Copy of the Glossary for the Printer by marking it for the difference of Letter and introducing and transcribing those loose papers left by your Grandfather without fit directions where they should come in This is all that he pretends to in the Glossary and if he had any further share in it t is likely he would have insisted upon it on this occasion to convince Mr. Spelman the more effectually of the good services he had done him in that business I have been the more particular in this matter because if it should appear in the main that Sir William had taken the liberty of adding or altering every single passage after would be lyable to suspicion and the authority of the whole very much weaken'd For tho' that worthy Person was extremely well vers'd in our English affairs yet it must be own'd that Sir Henry Spelman was a better judge of our ancient Customs and Constitutions and consequently whatever he delivers as his opinion ought to be allow'd a proportionable authority Had he put his last hand to this Second Part the Glossary as it is now printed together would have made a much nobler Work But the latter part in comparison of the other is jejune and scanty and every one must see that it is little more than a collection of Materials out of which he intended to compose such Discourses as he has all along given us in the First Part under the words that are most remarkable It was my good fortune among others of his papers to meet with two of these Dissertations De Marescallis Angliae and De Milite which are publisht among these Remains for the present and will be of use hereafter in a new Edition of the Glossary as properly belonging to it and originally design'd for it by the Author Tho' it is not likely that he should lay aside his Glossary for the sake of the Councils yet it is certain that he enter'd upon this latter Work before the Glossary was finisht He was particularly encourag'd in it by Dr. George Abbot and Dr. William Laud successively Arch-bishops of Canterbury and above all by the most Learned Primate of Armagh Archbishop Usher And in his Preface he tells us that he was much confirm'd in his design by what he had heard from Dr. Wren first Bishop of Norwich and afterwards of Ely He told him how Dr. Andrews the then late Bishop of Winchester had been reflecting with great concern upon the
Northampton who builded the gallery there but in Queen Mary's time the same was restored to that See where it so continueth 5. The Lord Arch-bishop of YORK'S house was the White-hall much enlarg'd and reedify'd by the Cardinal Wolsey then Arch-bishop of York as by the Arms remaining in wood stone and glass in sundry places of that house may appear And after the said Cardinals conviction of Premunire and Death the same was made parcel of the King's Palace at Westminster by purchase from the Arch-bishop of York as appeareth by the Stat. of 28. Hen. VIII ca. 12. But afterwards until anno 2. or 3. of Queen Mary the Arch-bishop of York had no other dwelling-place near London in right of his See or by reason of his Arch-bishoprick but the house at Battersey and then Queen Mary gave to Arch-bishop Heath and his Successors the late Duke of Suffolk's house called Suffolk-place in Southwark which the Arch-bishop of York by confirmation of the Dean and Chapter there shortly after sold away to others and purchased to his See York-place where the Lord Chancellor remaineth together with the houses adjoining to the Street Which house was sometime the Bishop of Norwich's Place and the same among all or the greatest part of the possessions of the See of Norwich about an 27. Hen. VIII were convey'd to the King by a private Act of Parliament in recompence of the union of the Monastery of St. Bennets and the possessions thereof to that Bishoprick being of far better value than the ancient Lands of the Bishoprick of Norwich assur'd to the King as is recited in the Statute of 32. Hen. VIII ca. 47. whereby the Bishop of Norwich is made Collector of the Tenths of his Diocess as other Bishops were being formerly free'd thereof by the said private Statute of 27. Hen. VIII Which said now York-place by Hen. VIII was convey'd in fee to Charles Brandon Duke of Suffolk and after the death of the said Duke's sons the coheirs of the Duke's sons sold the same to the said Arch-bishop Heath and his Successors 6. But the Bishop of NORWICH was limited by the said private Act of 27. Henry VIII to enjoy perpetually in succession a Prebend in the Free-Chappel of St. Stephens at Westminster after dissolv'd by the Statute of Dissolution of Colledges and Free-Chappels 1. Ed. VI. and the house thereto belonging in Chanon-row whereof then was incumbent one Knight but the house is said to be Leas'd for some small Rent by the Bishop of Norwich to Sir John Thinn Knight in Edw. the Sixth's time for many years enduring And that the house now call'd York-place was belonging to the Bishop of Norwich is proved by a Case 21. Edw. IV. fol. 73. in a Presentment against the Bishop of Norwich in the King's Bench for annoyance of a way inter hospitium Episcopi Norwicensis Dunelmensis in parochia Sancti Martini in Campis 7. DURHAM-HOUSE as appeareth in that Case was the Bishop of Durham's house and Bishop Tonstal about the 26 th of Hen. VIII convey'd the same to the King in Fee and King Henry VIII in recompence thereof granted to the See of Durham Coldharborrowe and certain other houses in London And after Edw. VI. about an 2. granted Durham-house to the Lady Elizabeth his Sister for life or until she be otherwise advanced After the Bishoprick of Durham by a private Statute not printed of 7. Edw. VI. was dissolved and all the possessions thereof given to King Edw. VI. who shortly after convey'd in Fee the said Bishop's late house at Coldharborrowe and other houses in London to Francis Earl of Shrewsbury and his heirs And after the 2d. Mariae ca. 3. The Stat. of 7. Edw. VI. for dissolving that Bishoprick is repeal'd but the Mansion-house of Coldharborrowe and other Tenements in London so granted to the said Earl be confirm'd And the Bishop by that Act prayeth a recompence from the Queen at his charge Whereupon Queen Mary about anno V. or VI. of her reign granteth to the said Bishop of Durham her reversion of Durham-place in succession which coming into possession by the death of Queen Elizabeth the late Bishop of Durham now Lord Arch-bishop of York enter'd into and enjoy'd the same in the right of his See by opinion of the chief Justices of the Land referr'd by the King being opposed by Sir Walter Rawleigh as likewise doth the now Bishop of Durham 8. The Bishop of LICHFEILD and COVENTRY of old call'd the Bishop of Chester before the new erection of the new Bishoprick of Chester had his Place where Somerset-house is builded 9. 10. As likewise the Bishops of WORCESTER and LANDAFF had there sometime a house as Stow in his Book of Survey of London saith But the said three Bishops Places together with a Parish Church call'd Straunde-Church and the greatest Inn of Chancery call'd Straunde-Inn belonging to the Middle Temple were defaced without recompence to any of the said three last mentioned Bishops Parish Church or Inn of Chancery Other than to the Bishop of WORCESTER who had in respect of his former house a house in the White Fryers which he enjoyeth 11. Arondell-house now the Lord Admiral 's was the Bishop of BATH and WELLS'S and was assured in Edw. VI. time to Admiral Seymer and is now quite sever'd from that Bishoprick without recompence 12. Likewise the Bishop of EXETER'S Place after call'd Paget Leicester and Essex-house of the several Owners of the same And it is thought the Bishop of Exeter hath likewise no recompence for the same of any other house in or near London 13. The Bishop of SARUM'S Place now call'd Dorset-house before call'd Sackvile-house and of former time Salisbury Court being in long Lease made by Bishop Capon who was Bishop there in Hen. VIII Edw. VI. and Queen Mary's time was exchang'd temp Reginae Elizabethae by the great Learned Reverend Father Bishop Jewel for recompence of good value in Lands in his Diocess or elsewhere in the West Country 14. The Bishop of St. DAVID'S Place was near adjoyning to Bridewell upon the ditch that runneth to Fleet-bridge into the Thames and was granted in Fee-farm for a Mark Rent temp Edw. VI. to Dr. Hewick the Physician under which purchase the same is now enjoy'd 15. The Bishop of HEREFORD'S Place as Stow in his Survey of London pag. 357. saith is in the Parish of St. Mary de Monte alto or Mount-halt in London of which Bishops Patronage the said Church also is which Place is in the tenure of the Bishop of Hereford or his Tenants 16. 17. The Bishop of LONDON'S Place at Pauls was never sever'd from the Bishop's possession And likewise ELY Place from the Bishop of that See other than such part thereof as the late Lord Chancellor Hatton had by Lease for many years from the late Bishop Cox 18. The Bishop of BANGOR'S house is or lately was Mr. Aleworth's house
diligence of the Germans French Italians and other Nations in publishing the Histories and Decrees of their respective Synods whilst the English who had a greater plenty of Evidences both in Ecclesiastical and Civil affairs than any of their Neighbours had never so much as attempted such a publick Service to their Church Upon that occasion the good Bishop desired Dr. Wren that for the credit of the Kingdom and the honour of Religion he would think of such an Undertaking and lest it should prove too tedious for any single hand that he would draw to his assistance a convenient number of Men of sufficient Learning and Judgement for a Work of that nature Upon this request he promis'd to consider of it and had proceeded but that the Bishop excus'd him upon an assurance that Sir Henry Spelman was engag'd in the same design Sir Henry having been told this passage by the Bishop of Norwich with great modesty express'd his concern for taking the Work out of much abler hands But since it had hapen'd so he did not any longer look upon it as a matter of choice whether or no he should go forward but thought he was bound in justice to make the best satisfaction he was able for depriving the Church of the joint labours of so many Learned Men. He branch'd his Undertaking into three parts assigning an entire Volume to each Division 1. From the first Plantation of Christianity to the coming in of the Conqueror in 1066. 2d From the Norman Conquest till the casting off the Pope's Supremacy and the dissolution of Monasteries by King Henry VIII 3d. The History of the Reform'd English Church from Henry VIII to his own time The Volume containing the First of these Heads was publisht in the Year 1639. about two years before his death with his own Annotations upon the more difficult places He confesses that it would have been impossible for him to finish it without the assistance of his own son and Mr. Jerem Stephens Of the former of these we have occasion to speak more at large among Sir Henry's children and also of the latter upon occasion of some papers that he left at his death to the care of that Learned Gentleman Only it may be proper to observe in this place that Arch-bishop Laud procur'd for him a Prebend in the Church of Lincoln for his assisting in the publication of the First Volume of the Councils And Sir Henry does in effect recommend to him the preparing the Second and Third as a person every way qualified to compleat the Design The Author honestly tells us that in such a confusion of thoughts and papers he had omitted the accounts of some Synods which he had ready by him that he had receiv'd Observations from many Learned persons after the Press was gone too far to have them inserted and that particularly the Learned Primate of Armagh had communicated his Animadversions upon the whole Volume I have seen among his own papers the Remarks of Salmasius and De Laet but where the rest are to be met with I cannot tell Out of these the Corrections and Additions that he himself had made he resolv'd to publish an Appendix to the Tome but I suppose was prevented by death However to encline the Reader to a favourable interpretation of the omissions or imperfections of his Work he desires him to consider that most of his Materials were to be fetch'd from Manuscripts whereof indeed there were very great numbers both in the Universities and other parts of the Kingdom but being neglected by the generality of Scholars they lay in confusion and were in a great measure useless to his or any other Design At that time this was a just and proper Apologie but our Age is much more curious in those matters Witness that noble Catalogue of Manuscripts which we daily expect from the Oxford Press and a Volume of the same kind intended by the University of Cambridge The Second Volume of the Councils at the same time with the second part of the Glossary was put into the hands of Sir William Dugdale by the direction of Arch-bishop Sheldon and Chancellor Hyde He made considerable Additions to it out of the Arch-bishop's Registers and the Cottonian Library so that he affirms in a Letter to Mr. Spelman Grandson to Sir Henry That of the 200. sheets in that Book not above 57. were of his Grandfather's collecting And it appears from the Original in the Bodleian Library under the hands of Sir Henry Spelman and Sir William Dugdale that the former had left little more towards the second Volume than hints and references where the Councils were to be met with It was publisht in the Year 1664. but with abundance of faults occasion'd by the negligence either of the Copier or Corrector or both Mr. Somner sensible of this took great pains in collecting the printed Copy with many of the Original Records correcting the Errors in the margin of his own book This is now in the Library of the Church of Canterbury and will be a good help towards a more accurate Edition as well as those collections of Mr. Junius in the possession of Mr. Jones of Sunningwell The truth is we very much want a new Edition the greatest part of the Impression having been burnt in the Fire of London so that the Book is hardly to be met with and uncorrect as it is has ever since bore an immoderate price I know no Work that would be a greater service to our Church than an entire History of all the Councils before the Reformation for the account of 'em which we have already is far from being entire with the Addition of a Third Volume to contain the Publick Affairs of our Reform'd Church It is probable that towards this last part some assistance may be had from that Manuscript of Sir William Dugdale's entitl'd Papers to be made use of for a Third Volume of the Councils tho' I fear not so much as the title promises The great discoveries of Manuscripts the many observations that have been made by the Learned Bishop of Worcester and others upon the Constitution of the British and Saxon Churches and the general approbation that the Work must needs meet with are all of 'em very good Encouragements to such an Undertaking Next to his Glossary and Councils we are to give an account of that part of his Works wherein he asserts a due Veneration to Persons Places and Things consecrated to the service of God The first that he publisht of this kind was his noted Treatise De non temerandis Ecclesiis printed at London in the 16â—3 and afterwards at other places It was written as the title informs us for the sake of a Gentleman who having an appropriate Parsonage employed the Church to prophane uses and left the Parishioners uncertainly provided of Divine Service in a Parish there adjoining The two Oxford Editions came forth with a large Preface by his
otherwise would perish a work of Necessity For doing that which time overslipt cannot be done As for making Appeals within the time limited c. For taking the benefit of a Witness that otherwise would be lost as by Death or Departure For making the son sui Juris as if amongst us the Lord should discharge his Ward of Wardship All which are expressed in these Verses Haec faciunt causas Festis tractare diebus Pax Scelus admissum Manumissio Res peritura Terminus expirans mora testis abesse volentis Cumque potestatis Patriae jus filius exit Or thus according to Panormitanus Ratione Appellationis Pacis Necessitatis Celeritatis Pietatis Matrimonii Latrocinii ubicunque in mora promptum est periculum So likewise by consent of parties upon Dies Feriati minus solennes viz. Harvest Hay-seed c. as we have said before And divers others there are whereof see the Glosses in Gratian and in the Chapter Conquestus but especially the Title De Feriis Dilationibus in ff from whence most of the premises are deduc'd and where also by a Constitution of Trajan Military business may be done in diebus feriis and at all times Rescripsit saith the Law ferias tantum à forensibus negotiis dare vacationem ea tamen quae ad disciplinam militarem pertinerent esse feriatis diebus peragenda Upon these reasons the Admiral-Court is always open for that strangers and Merchants and sea faring-men must take the opportunity of Tides and of Winds and other necessities and cannot without ruine or great prejudice attend the solemnity of Courts and dilatory Pleadings The Marshal's Court also for Military matters falleth within the priviledge granted by Trajan yet hath it observ'd as near as conveniently it may the Canons of the Church as forbearing to assign battle in Quadragesima temporibus prohibitis And so lately in the case between the Lo. Raye and Mr. Ramesey So likewise the Chancery being a Court of piety is said to be always open but I take this to be understood as it is Officina brevium and Consistorium aequi boni not where it is Praetorium Juris communis and proceedeth in course of the Common Law As for the Star-chamber it is in lieu of that which was in ancient time the Counsel-chamber and Specula Regni the watch-tower of the Kingdom where the Barons and other of the King's Counsel us'd to meet ad prospiciendam fovendamque Remp. to discover prevent and suppress all dangers and enormities occurrent and to provide for the safety and good of the Kingdom It was necessary therefore that this Session should not only be daily open but as is said of the house of Fame Nocte dieque patens for an evil may happen in the night that would be too late to prevent in the morning And therefore the Statute of 3. Henr. VII and 21. Henr. VIII enlarging the jurisdiction hereof do not circumscribe it either with Term-time or days of sitting CHAP. IV. Why the end of Michaelmass-Term is sometimes holden in Advent and of Hilary in Septuagesima c. BUt the Terms sometimes extend themselves into the days of the Church which we call Vacation as when Advent Sunday chanceth on the 27 th of November then Michaelmass-Term borroweth the day after out of Advent and when Septuagesima followeth suddenly upon the Purification Hilary-Term not only usurpeth upon it and Sexagesima which by the precedent of the Church of Rome here before mention'd it may do but also upon Quinquagesima Ash-wednesday and Quadragesima it self for all which there is matter enough in one place or other already shewn Yet it is farther countenanced by the Statute of 3. Edw. I. cap. 48. where it is thus provided Forasmuch as it is great charity to do right unto all men at all times when need shall be by assent of all the Prelates it was provided that Assizes of Novel Disseisin Mordauncester and Darrain Presentment should be taken in Advent Septuagesima and Lent even as well as Inquests may be taken and that at the special request of the King made unto the Bishops Where it is to be noted that Inquisitions might be taken before this Statute within the days prohibited or Church time and that this Licence extended but to the particularities therein mentioned CHAP. V. Why Assizes be holden in Lent IT seemeth that by virtue of this Statute or some other particular dispensation from the Bishops Assizes began first to be holden in Lent contrary to the Canons I find in an ancient Manuscript of the Monastery of St. Albans a dispensation of this kind thus entituled Licentia concess Justic Reg. de Assis tenend sacro tempore non obstante Pateat universis per praesentes nos Ricardum miseratione divina Abbatem Monasterii Sancti Albani licentiam potestatem authoritate praesentium dedisse dilecto nobis in Christo Domino Johanni Shardlow sociis suis Justic Dom. Regis Assisas apud Barnet nostrae jurisdictionis exemptae die Lunae proximo ante Festum S. Ambrosii capiendi juxta formam vim effectum brevis Domini Regis inde iis directi In cujus c. Anno Domini c. Sub magno Sigillo Whether this was before or after the Statute it appeareth not it may seem before for that otherwise it needed not But I find Shardlow to be Justice of Oier in Pickering Forest 17. Aug. An. 8. Edw. I. If it were after it seemeth the Writ to the Justices extended to somewhat out of the Statute and that this Licence was obtained in majorem cautelam But to conclude hereby it appeareth that although we find not the reasons of things done in ancient ages yet nothing was done against the Rules of the Church without special Licence and dispensation The Feast of St. Ambrose mentioned in the Licence was on the fourth of April which commonly is about a week or two before Easter And the Abbat of St. Alban having exempt jurisdiction within the Province of Canterbury granteth this dispensation to hold Assizes in tempore sacro as the Rubrick explaineth it lest the words nostrae jurisdictionis exemptae might be applied to some layick Franchise I assure my self there are many of this kind if they might come to light And as they granted Licence in times prohibited so they censur'd such as offended without Licence as appeareth by the case of Sir Gilbert Plumpton An. 1184. who being to be hang'd at Worcester upon the Sunday for a Rape committed by him the Bishop prohibited execution for that day upon pain of Excommunication c. CHAP. VI. Of the Returns OF the Returns I will not venture to speak much but nothing at all of Essoine and Exception-days for that draweth nearer to the faculty of Lawyers wherein I mean not to be too busie The Returns are set days in every Term appointed to the Sheriff for certifying the Courts what he hath done in