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
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
Surrey 23. King Edgar's Charter of donation of certain Thane-lands 19. Another Charter granted by him to the Monastery of Hide near Winchester 20. By whose advice his Laws were made 61. King Edward the elder how he propos'd his Laws 61. The first that prohibited Law business on Festivals 77. King Edward the Confessor's Charter of donation to Thola 20. Several priviledges granted to the Cinque-Ports 26. His Laws by whom collected 61. His Constitution touching Festivals 79. Edward Earl of Norfolk and Marshal of England 168. Dyed in his minority ibid. Edwin son of Othulf gave certain lands to Arch-bishop Odo 29. Elfere a Saxon bequeath'd Snodland to the Church of St. Andrews 128. Publish'd his Will before Odo Arch-bishop of Canterbury c. 130. Elfstane Bishop of Rochester 130. Elfsy Priest of Croyden 130. Ellingham 161. Elmham 150. Erpingham 151. Erpingham Tho. Commissioner for executing the Office of Earl Marshal of England 169. Escheats the signification of the word 37. No feodal Escheats among the Saxons 37 38. Escuage what in the Empire 36. Neither its name nor rules us'd by the Saxons 37. Essoyning the manner of it not in use before the Conquest 27. King Ethelbald's Charter to the Monks of Croyland 22. Ethelbert the first Christian King of the Saxons 8. He causes his Laws to be put in writing ibid. He took somewhat from the Roman law 102 Etheldreda daughter of K. Alfred her dowry 8. King Etheldred ordain'd every eight Hides of land to find a man for the naval Expedition 17. His Charter of donation to Aethelwold 19. Another Charter granted by him to his Thane Sealwyne ibid. King Ethelstane whom he consulted in making his Laws 61. King Ethelwulfs Charter of priviledges 23. He divided his lands by Will among his three sons 128. Euricus King of the Goths 102. Exauctoratio Militis 185. Expeditio what it signifies in Latin 17. F Fakenham 150. Fasti or Law days among the Romans why so nam d. 72. Seldom two Fasti together 75. Fasti proprie ibid. Fasti intercisi ibid. Fasti Comitiales ibid. All the Fasti not apply'd to Judicature ibid. Fealty the definition of it 35. No Fealty but for a fee. 36. What manner of Fealty among the Saxons ibid. Felbrig 152. Felewell 161. Feodal words none among the Saxons 7 8 9. Feorme what it signifies in the Saxon tongue 15 Ferdwite 37. Festa majora vel principalia 91. Festivals how exempted from Law days 76. The differences of them 91. The Festivals of St. Peter and Paul 92. Of St. George 93. Of Gun-powder Treason ibid. A Feud what it is 1. It s general and particular definition 2. Feuds among the Jews ibid. Among the Gauls 3 Their original 4. Made perpetual and hereditary 5. When and how they became so ibid. Especially in England ibid. The difference between them and Benefices 6 9. The great growth of them ibid. No proper Feuds before the Conquest ibid. Feudal-law generally receiv'd in every Kingdom 5. It s youth infancy and full age 9. Where it had its original ibid. Feudatarii 9. Feudum militare nobile 4. Rusticum ignobile ibid. Feuda majora regalia ibid. The word Feudum or Feodum not us'd in K. Beorredus's days 9. Fideles who 4. Fidelity what 59. Fines for Licence of alienation 33. The Thane-lands free from them ibid. Not in use among the Saxons 34. Fitz-Alan Jo. Lord Maltravers Marshal of England 168. Fitz-Osborn Will. Lord Marshal to King William the Conquerour 165. Flegg 154. Flitcham 145. Flitchamburrough 52 145. Folcland what 12. Not alienated without licence 33 34. Free from homage 35. Ford-Park 110. Forests belong to the King alone 118. Subjects can have 'em only in custody ibid. Fouldage 162. Franc-almoin 2 7. Frank-tenements 12. Freeborgs or Tithings 51. Frekenham 153. G Garbulsham 158. Gavelkind what and why so call'd 12. Observ'd throughout all Kent 43. At first the general Law of all Nations ibid. Germans their Customs and Tenures carry'd into several Countries 5. They receiv'd the Roman Law 127. Gey-wood 143. Gilbert the third son of William the King's Marshal 166. Made Marshal of England ibid. Kill'd in a Tournament ibid. Gimmingham 152. Goths carry the German Laws into Spain Greece c. 5. They were the first that put their Laws in writing 102. Trusted Priests with the passing of wills 130 Government the ancient Government of England 49. c. 53. Grand-days in France and England 92. Grand Serjeanty 2. Grantesmale Hugh Marshal under K. William I. 165. Greeks from whom they had much of their ancient Rites 74 127. Gresham 152. Gressenhall 150. Grey Rad. de exauctoratur 185. Guthrun the Dane 61 77. H Hales 156. Harkela Andr. de exauctoratur 185. Harleston ibid. Hartlebury-park 110. Hawkins Pet Keeper of Bramsil-park wounded by Arch-bishop Abbot 109 c. Hengham 157. King Henry I. imprison'd the Bishop of Durham 62. His Constitution about Festivals and Law-days 81. King Henry II. ratify'd the Laws of Edw. the Confess and Will the Conquerour 81. Henry Bishop of Winchester conven'd K. Stephen to his Synod 132. Heribannum what 17. Heriots paid after the death of great Men. 31 32 To whom forgiven 32. The difference between them and Reliefs 32 33. By whom and when first ordain'd 32. What the word Heriot signifies ibid. Heriots and Reliefs issuing out of the same lands 33. No badge of lands held by Knight-service ibid. Heydon 151. High Courts see Court of Justice Hikifricus Pugil quidam Norfolciensis 138. Hilary-Term its ancient bounds 82 83. The end of it sometimes held in Septuagesima 95. Hockwold 161. Holkham 149. Holland Tho Marshal of England 168. Holland Tho. Earl of Kent Duke of Norfolk 169. Made Earl Marshal of England ibid. Holland Tho. Farl Marshal of England during the minority of John Mowbray 165. Holme in Norfolk 147 152 Homage by whom first instituted 5. Feodal homage 34. Of two sorts ibid. When begun in France and England ibid. The reason of it 34 35. Who are to do it 35. Usual in Soccage-tenure 35. As well a personal as a praedial duty ibid. Homines commendati 35. Hominium homagium what 34. Homagium ligeum ibid Feodale aut praediale ibid. Hoveden Roger when he wrote 31. Howard Sir John Kt. created Duke of Norfolk and Earl Marshal of England 17â— Slain in Bosworth-field ibid. Howard Tho. the son of the former Earl of Surrey 170. Imprison'd in the Tower ibid. Defeated the Scotch under K. Henry VII ibid Made Lord Treasurer of England and restor'd to his fathers dignities ibid. Kill'd James IV. K. of Scotland in battel ib. Sent Ambassadour into France ibid. Made Vice-Roy of England ibid. Where he dy'd ibid. Howard Tho. the fourth Duke of Norfolk of that name and Earl Marshal of England 1â—1 Howard Tho. the Grand-son of the former Earl of Arundel and Surrey ibid. The first Earl of England ibid. Made Earl Marshal for life ibid. Hugh Bishop of Coventry exercis'd the Sheriffs place 116. Excommunicated ibid. De Humâ—z
Dom. 1627. With the Imprimatur of Sir John Bramston July 6. 1640. Many Instruments in this Collection are printed in the Second Volume of his Councils and it might be much improv'd from some Historians that have been publisht since his time In the Year 1641. there came out a Discourse de Sepultura by Sir Henry Spelman concerning the Fees for Burials 'T is likely that it was compos'd on occasion of his being one of the Commissioners for regulating the Fees in our Civil and Ecclesiastical Courts The Treatise consists of five sheets in 4 to so that I wonder why J. A. in his Preface to the Glossary should tell us that is was no more than two leaves His Latin Treatise entitled Aspilogia was next publish'd with Notes by Sir Edw. Bish Anno 1654. in Folio In this tho' it was one of his first Pieces he discourses with great variety of Learning concerning the Original and different kinds of those Marks of Honour since call'd Arms. He also drew up a scheme of the Abbreviations and such other obsolete forms of writing as occur in our old Manuscripts to facilitate the reading of ancient Books and Records There are several Copies of it in Manuscript as one in the Bodleian Library another in the Library of the late Dr. Plot a third in the possession of Mr. Worsley of Lincolns-Inn and 't is probable there may be more of em abroad in other hands Two other things he was concern'd in which I shall but just mention The Villare Anglicum or a view of the Towns in England publisht in the Year 1656. was collected By the appointment at the charge and for the use of that worthy Antiquary Sir Henry Spelman And Mr. Speed in his Description of Great Britain acknowledges that he receiv'd the account of Norfolk from the same Learned Knight As for his Posthumous Works which are publisht together on this occasion I shall give a more particular account of 'em in the Preface and in this place shall only add an instance or two of his Encouragement to Learning and Learned Men. It was he who first advis'd Dr. Wats to the study of Antiquities and when he had arriv'd to a good skill in those matters put him upon a new Edition of Matthew Paris The Doctor in the Preface to that excellent Work makes this grateful mention of his Friend and Patron Tertium Manuscriptum accommodavit Nobilis ille Doctissimusque Dominus Henricus Spelmannus Eques Auratus Eruditionis reconditioris Judicii acerrimi Vir nostrae Britanniae Lumen Gloriaque Amicus insupermeus singularis in studiis adjutor praecipuus qui me primus ad Antiquitates eruendas tam verbo quam exemplo aliquoties stimulavit erudivitque He was likewise a great Favourer of Sir William Dugdale who had been recommended to him by Sir Simon Archer a Gentleman of Warwickshire very well versed in Heraldry and the affairs of our own Nation At that time Mr. Dodsworth who was much assisted and encouraged by Sir Henry Spelman had got together a vast collection of Records relating to the Foundation of Monasteries in the Northern parts of England Sir Henry thought that these might be very well improv'd into a Monasticon Anglicanum and lest the design should miscarry by Mr. Dodsworth's death he prevail'd upon Mr. Dugdale to join him in so commendable a Work promising to communicate all his Transcripts of Foundation Charters belonging to several Monasteries in Norfolk and Suffolk For his further encouragement he recommended him to Thomas Earl of Arundel then Earl Marshal of England as a person very well qualify'd to serve the King in the Office of Arms. Accordingly upon his character of him seconded by the importunity of Sir Christopher Hatton he was settl'd in the Heralds-office which gave him an opportunity to fix in London and from the many assistances there to compile the laborious Volumes which he afterwards publisht His revival of the old Saxon Tongue ought to be reckon'd a good piece of service to the study of Antiquities He had found the excellent use of that Language in the whole course of his Studies and very much lamented the neglect of it both at home and abroad which was so general that he did not then know one Man in the world who perfectly knew it Paulatim says he ita exhalavit animam nobile illud Majorum nostrorum pervetustum idioma ut in universo quod sciam orbe ne unus hodie reperiatur qui hoc scite perfecteve calleat pauci quidem qui vel exoletas literas usquequaque noverint Hereupon he settl'd a Saxon Lecture in the University of Cambridge allowing 20l. per An. to Mr. Abraham Wheelock who tells us that upon his advice and encouragement he spent the best part of seven years in the study of that Language Magnam septennii quod effluxit partem consumpsi Saxonum nostrorum inquirendo Monumenta eorumque vetus idioma Veritatis pacis Catholicae magistram perquirendo ne nobilissimi Viri in his studiis monitoris mei honoratissimi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 D. Henrici Spelmanni Antiquitatum nostrae gentis instauratoris eximii consilio defuissem This stipend was intended to be made perpetual but both He and his eldest Son dying in the compass of two years the Civil Wars breaking forth and the Estate being sequester'd the Family became uncapable of accomplishing that Design Nor indeed was that a Time for settlements of this kind when such a terrible storm threatn'd the Universities and the Revenues that belong'd to ' em After he came into business he was intimately acquainted with the most considerable Persons of that Age. He calls Mr. Camden his ancient Friend and how entire a Familiarity there was between him and Arch-bishop Usher we are inform'd from the Life and Letters of that Learned Primate To these I might add Sir Rob. Cotton Mr. Selden Olaus Wormius with Peireschius Meursius Beignonius and others of great note both at home and abroad whom he himself occasionally mentions as the chief Encouragers of his Glossary Upon the whole matter as his Loyalty Wisdom and Experience in publick Affairs would sufficiently recommend him to the great States-men of his time so his eminent Piety and Learning must needs make him highly esteem'd among Divines and Scholars He had eight Children four Sons and four Daughters His eldest Son the heir of his Studies as he calls him was John Spelman Esq a Scholar and a Gentleman who had great assurances of favour and encouragement from King Charles I. This good Prince sent for Sir Henry Spelman and offer'd him the Mastership of Suttons Hospital with some other things in consideration of his good services both to Church and State But after his humble thanks to his Majesty he told him that he was very old and had one foot in the grave and that it would be a much greater obligation upon him if his
Towns call'd Burgesses and the Barons of the Cinque-ports The first sort are to appear personally or by particular Proxies for the words as touching them are Summoniri faciemus sigillatim but as touching the others it is Summoniri faciemus generaliter c. not that all should come confusedly but that they should send their Advocates which commonly are but two to speak for them These the French in their Parliaments call Ambasiatores and Syndicos In the first rank the Earls and greater Barons have their place in this Council for that they hold of the King in Capite by a Baronie And the Bishops and Abbots with them of the second rank so likewise for that it was declared and ordained in the Council of Clarendon that they should have their possessions of the King as a Barony and should be suiters and sit in the King's Court in judgements as other Barons till it came to the diminution of Members or matter of death But this Council of Clarendon did rather affirm than give them their priviledge For the Prelates of the Church were in all ages the prime part of these great Councils In the third rank the Burgesses and Barons of the Cinque-ports have their place not so much in respect of Tenure for they were not conceived to be owners of lands but for that in Taxes and Tallages touching their goods and matter of Trade they might have some to speak for them as well as other Members of the Kingdom But here then ariseth a question how it cometh to pass that every poor Burrough of England how little soever it be two excepted have two to speak for them in this great Council when the greatest Counties have no more It seemeth that those of the Counties whom we call Knights served not in ancient time for all the Free-holders of the County as at this day they do but were only chosen in the behalf of them that held of the King in Capite and were not Barones majores Barons of the Realm For all Freeholders besides them had their Lord Paramount which held in capite to speak for them as I have shewed before and these only had no body for that themselves held immediately of the King Therefore King John by his Charter did agree to summon them only and no other Freeholders howbeit those other Freeholders because they could not always be certainly distinguish'd from them that held in capite which encreased daily grew by little and little to have voices in election of the Knights of the Shire and at last to be confirm'd therein by the Stat. 7. Henr. IV. and 8. Henr. VI. But to come to our question why there are but two Knights for a County It may well seem to be for that in those times of old there were very few besides the Barons that held in capite as appeareth by that we have already spoken and that two therefore might seem sufficient for these few as well as two for the greatest Burroughs or City of England except London And it may be that of the four which serve for London two of them be for it as it is a City and two other as it is a County tho' elsewhere it be not so But when two came first to be chosen or appointed for the rest of the Burrough or County I cannot find It seemeth by those Synods that were holden in the times of the Saxon Kings and by some after the Conquest that great numbers of the common people flowed thither For it is said in An. 1021. Cum quamplurimis gregariis militibus ac cum populi multitudine copiosa And An. 1126. Innumeraque Cleri populi multitudine and so likewise in An. 1138. and other Synods and Councils By what order or limitation this innumera populi multitudo came to these Assemblies it appeareth not Bartol that famous Civilian and Hottoman according with him thus expoundeth it in other places Nota quod Praesides Provinciarum coadunant universale Parlamentum Provinciae quod intellige non quod omnes de Provincia debent ad illud ire sed de omnibus Civitatibus deputantur Ambasiatores qui Civitatem repraesentant And Johan de Platea likewise saith Vbi super aliquo providendum est pro utilitate totius Provinciae debet congregari generale Concilium seu Parlamentum non quod omnes de Provincia vadant sed de qualibet Civitate aliqui Ambasiatores vel Syndici qui totam Civitatem repraesentent In quo Concilio seu Parlamento petitur proponi sanum ac utile consilium But our Burgesses as it seemeth in time of old were not call'd to consult of State matters being unproper to their Education otherwise than in matter of Aide and Subsidy For King John granteth no more unto them than ad habendum commune consilium regni de auxiliis assidâ—ndis if his Charter be so pointed that this clause belong to that of the Liberties granted to them which is very doubtful and seemeth rather to belong to that which followeth otherwise there are no words at all for calling them unto the great Councils or Parlaments if you so will term them of that time And yet further it is to be noted that this whole branch of his Charter touching the manner of his summoning a great Council was not comprised in the Articles between him and his Barons whereupon the Charter was grounded but gain'd from him as it seemeth afterward And that may be a reason why it is left out in the Magna Charta of Henry III. confirm'd after by Edward I. in such manner as now we have it The Charter of these Articles I have seen under his own Seal After the death of King John I find many of these great Councils holden and to be often named by the Authors of that time Colloquia after the French word Parlament but no mention in any of them of Burgesses saving that in An. Dom. 1225. Regis 10. it is said that the King held his Christmass at Westminster Praesentibus clero populo cum Magnatibus regionis and that the solemnity being ended Hugh de Burgo the King's Justice propounded to the Arch-Bishop Bishops Earls Barons aliis universis the losses the King had received in France requiring of them one XV th And in the year 1229. the King summoneth to Westminster Archiepiscopos Episcopos Abbates Priores Templarios Hospitalarios Comites Barones Ecclesiarum Rectores qui de se tenebant in capite about the granting a tenth to the Pope wherein those that held in capite are call'd as in Henr. II. to the Council of Clarendon and as the Charter of King John purporteth but no mention is here made of Burgesses THE ORIGINAL OF THE FOUR TERMS Of the Year By Sir HENRY SPELMAN Kt. Printed in the Year 1684. from a very uncorrect and imperfect Copy Now Publish'd from the Original Manuscript in the BODLEIAN Library Sir William Dugdale in his Origines Juridiciales Chap. 32.
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
igitur mandamus quod cum Archiepiscopus Ebor. hoc nobis concesserit literas suas patentes nobis habere fecerit Iter Justic nostr in Comitat qui ..... sunt jurisdictioni praedicti Archiepiscopi Ebor. aliis Comitat. subsint jurisdictioni Archiepiscopi Cantuar. usque ad praefatum terminum si opus fuerit continuetis solita prudentia solitudine Quod non dubitamus vos esse facturos negotiis nostris expediendis ad commodum honorem nostrum intendent Dat. apud Westm 3. die Nov. In custodia Franc. Bacon de Graies-Inn Armig. 1. Febr. An. 1633. Discreto Viro Domino Tho. Weyland Illustr Reg. Angl. Justic R. miseratione divina Norwic. Episcopus salutem honoris augmentum Cordis nobis est ut omni tempore Justitia debitum celerem sortiatur effectum Hinc est quod cum Ass ultimae praesentationis super Ecclesiam de Kirkby omnium Sanctorum inter Imann quae fuit uxor Ric. de Thwait querentem Ricardum lc Cam defendentem coram vobis sit arannata ut intelliximus Vobis auctoritate praesentium permittimus quod non obstante instanti Quadragesima Assisam praedictam inter partes praedictas etiamsi juramentum interveniat licite capiatis Valete Dat. apud Buketon 11. Kal. Martii Anno Domini M. CC. LXXVI FINIS A SHORT APOLOGIE For Arch-bishop ABBOT Touching The death of PETER HAWKINS By an unknown Hand WITH A LARGE ANSWER To this APOLOGIE By Sir HENRY SPELMAN Kt. As also Several Letters relating to the same Fact With a Copy of The Dispensation for Irregularity Granted to the Arch-bishop And a Treatise Of the Original of TESTAMENTS and WILLS And of their PROBATS And to whom it anciently belonged By the said Sir HENRY SPELMAN Kt. AN APOLOGIE For Arch-bishop ABBOT Touching The death of PETER HAWKINS the Keeper Wounded in the Park at Bramsil July 24. 1621. 1. IT is certain that in foro conscientiae this case may not only deservedly produce a fear and trembling in him who was the accidental cause thereof but may justly make the tallest Cedar in Lebanon to shake in recounting with his inward man what sin it is that hath provoked God to permit such a rare and unusual action to fall out by his hand which maketh him for the time to be Fabula vulgi and giveth opportunity to the enemies of Religion of all kinds to rejoice to speak their pleasure to fill their Books and Libels within the Realm and perhaps beyond the Seas And that concerning his Calling as well as his Person not only for the present but also in future ages beside Grief to his friends and some Scandal to the weak who do not rightly apprehend things but raise questions which few men can resolve To all which may be added the interpretation of it by his Majesty graciously or otherwise and the forfeiture that in rigorus construction of Law may be put upon him although held for no great Delinquent besides the providing for a Widow and four Fatherless children All which may pierce a heart that is not senseless and day and night yeild him matter enough of troubled meditations 2. And yet lest he that intended no ill much less to that person a poor man and a stranger to him should be swallowed up with sorrow he is not devoid of some comfort as that Consensus facit peccatum and Voluntas facit reatum and where those concurr not misdemeanours are properly contra nullum Decalogi praeceptum And that when God speaking of such casual death Exod. 21. 13. useth these words If a man lye not in wait but God deliver him the slain man into his hands Divines collect thereupon that it is not humanum but à Deo which no man's Providence can absolutely prevent For what God will have done shall be and no Creature may dare to set him to school in what manner or by what person he will have it perform'd And Deuteronom 19. 6 10. God putting the case of the man slain by the iron of his Neighbour's ax slipping off appointeth Cities of Refuge lest he should be slain also who as he saith was not worthy of death and again that innoxius sanguis innocent blood be not shed in the Land Where we may collect that such cases are foreseen and order'd by God himself and that no Calling no not that of the Priest is free from that which God will have accomplish'd since he must communem hominum subire sortem Homo sum humani nihil a me alienum puto And Quod cutque contingere potest cuivis potest although of all others the Priest should be most wary what he attempt and how 3. There is no Text in the Old Testament which directly distinguisheth the Priest from other men in case of Blood but there are examples which may not be apply d to Evil for that were to pervert them resolving one scruple which is made As Moses was no Priest yet he gave down the Law and he consecrated Aaron the High-priest notwithstanding the time was that he had kill d the Aegyptian The Levites slew 3000. of the Israelites after the Idolatry with the golden Calf Phineas who was afterwards the High-priest slew the Israelitish man with the Midianitish woman and was blessed by God for it Samuel hewed Agag to pieces Jehoiada the Priest commanded Athalâ—ah the Usurper to be slain The Machabees fought for their Countrey and so took away the lives of many a man Paul was consenting to the death of Stephen Peter although rebuk'd for it cut off the ear of Malchus Josephus the Jew of the seed of the Priests was Captain over Judah and fought divers times Out of all which I do only make this collection That the Priest s restraint from blood is not ex jure divino but ex jure positivo Pontificio soil vel Canoniâ—o or Ecclesiastico as we call it out of caution for purity and decency and good congruity for so holy a Calling which cometh so near God and attendeth at his Altar 4. See then in the Ecclesiastical Law what Grace is afforded to him who against his will hath casually been the death of another There is in the Decretals a title De homicidio voluntario vel casuali concerning the latter of which there be many Rescripts which demonstrateth that in human life such things do frequently fall out In these there are five Chapters Cap. Lator Cap. Dilectis siliis Cap. Ex Litteris Cap. Ex Litteris tuae Cap. Joannes Where the Rubrick is Homicidium casuale non imputatur ei qui non fuit in culpa and Homicidium casuale non imputatur ei qui dedit operam rei licitae nee fuit in culpa And there the Decision is evermore that there is no Irregularity in promovendo or in promoto ad sacros ordines This is the more to be noted because it is not the Interpreters but the body of the Law And the Gloss thereupon hath Nota quod
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