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A61093 Of the law-terms, a discourse wherein the laws of the Jews, Grecians, Romans, Saxons and Normans, relating to this subject are fully explained / written by ... Sir Henry Spelman, Kt. Spelman, Henry, Sir, 1564?-1641. 1684 (1684) Wing S4929; ESTC R16781 31,761 92

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neither because they fall not in the Terms Yet I find a Parliament held at least began on Whitsunday But touching Feasts in general it is to be understood that the Canonists and such as write De Divinis Officiis divide them into two sorts viz. Festa in totum duplicia simpliciter duplicia And they call them duplicia or double Feasts for that all or some parts of the service on those days were begun Voce Duplici that is by two singing-men whereas on other days all was done by one Our Cathedral Churches do yet observe it And I mean not to stay upon it for you may see in the Rationale which Feasts were of every of these kinds The ordinary Apostles were of the last and therefore our Courts made bold with them But the Purification Ascension St. John Baptist with some others that fall not in the Term were of the first and because of this and some other prerogatives were also called Festa Majora Festa Principalia Dies novem Lectionum ordinarily double Feasts and Grand days Mention is made of them in an Ordinance 8. Ed. 3. That Writs were ordained to the Bishops to accurse all and every of the perturbers of the Church C. every Sunday and Double Feast c. But we must needs shew why they were called Dies novem Lectionum for so our old Rituale de Sarum styleth them and therein lyeth their greatest privilege After the Arian Heresie against the B Trinity was by the Fathers of that time most powerfully confuted and suppressed the Church in memory of that most blessed victory and the better establishing of the orthodox faith in that point did ordain that upon divers Festival-days in the year a particular Lesson touching the nature of the Trinity besides the other 8. should be read in their Service with rejoycing and thanksgiving to God for suppressing that Heresie And for the greater solemnity some Bishop or the chiefest Clergy-man present did perform that duty Thus came these days to their styles aforesaid and to be honoured with extraordinary Musick Church-Service Robes Apparel Feasting c. with a particular exemption from Law-Trials amongst the Normans who therefore kept them the more respectfully here in England Festa enim Trinitatis saith Belethus digniori cultu sunt celebranda In France they have two sorts of Grand days both differing from ours First they call them Les Grand jours wherein an extraordinary Sessions is holden in any Circuit by virtue of the King's Commission directed to certain Judges of Parliament Secondly those in which the Peers of France hold once or twice a year their Courts of Faught Justice all other Courts being in the mean time silent See touching this their Loyscean De Seigniors To come back to England and our own Grand-days I see some difference in accounting of them Durandus in his first Chapter and seventh book reckoneth the Purification Ascension and St John Baptist to be Grand-days not mentioning All-Saints but both he in his 34th Chapter and Belethus in his do call it Festum Maximum Generale being not onely the Feast of Apostles and Martyrs but of the Trinity Angels and Confessours as Durandus termeth it And that honour and duty Quod in singulis valet potentiùs valebit in conjunctis As for the Feast of All-Souls neither Durandus nor Belethus nor any Ancient of those times for they lived above 400. years since do record it for a Festival But my Country-man Walsingham the Monk of St. Albans sayth that Simon Archbishop of Canterbury in the year 1328. at a Provincial Council holden at London did ordain Quòd die Parasceue in commemoratione Omnium Animarum ab omni servili opere cessaretur Surely he mistook it for neither is it so mention'd in Lindewood reciting that Canon nor in the ancient Copy of the Council it self where the two Feasts canonized by him are the Parasceue and the Conception of the Blessed Virgin Yet doubtless whensoever it was instituted it was a Great Feast with us though no where else For the old Primer Eboracensis Ecclesiae doth not onely set it down in the Kalendar for a double Feast but appointeth for it the whole Service with the nine Lessons for it is as a Feast of the Trinity And though neither the Statute of Edward the 6. nor our Church at this day doth receive it yet being formerly a Vacation-day as it seemeth our Judges still forbear to sit upon it and have not hitherto made it a day in Court though deprived of Festival rites and therefore neither graced with Robes nor Feasting The Feast also of St. Peter and Paul on the 29th of June was a Double Feast yet it is now become single and our Judges sit upon it I confess I have not found the reason unless that by Canonizing St. Paul and so leaving St. Peter single we allow him no prerogative above the other Apostles lest it should give colour for his Primacy for to St. Paul as one born out of time we allow no Festival either in the Statute of Edward 6. or in the Almanacks and Kalendars of our Church And why St. Peter hath it not is the more observable for that he not onely is deprived of the ancient dignity of his Apostleship contrary to the Canons as the other are but of the privilege given him in that place by Pope Nicholas the 2d in a Bull to Edward the Confessour as being Patron of the Paroch and Dedication of Westminster where the Terms are kept and where by right thereof this day was also privileged from Court-business Other Festivals I enquire not after as of St. Dunstan and the rest that stand rubricate in old Kalendars they being abrogated by old Canons of our own Church or the Statute of Edw. 6. whereof I must note by the way that I find it repealed by Queen Mary but not revived by Queen Elizabeth or since It seemeth that the Statute of the 5. and 6. Edw. 6 Cap. 3. notwithstanding the Repeal of it amongst a multitude of others by Queen Mary Anno 1. Sessione 2. Cap. 2. is revived again though not by Queen Elizabeth yet by ● Jacobi Cap. 25. in these words That an Act made in the first year of the Reign of Queen Mary intituled an Act for the repeal of certain Statutes made in the time of King Edw. the 6. shall stand repealed I am carried from the brevity I intended yet all this lyeth in my way nor is it out of it to speak a word of St. George's day which sometimes falleth in Easter-Term and is kept in the Court Royal with great solemnity but not in the Court Judicial Though he stood before in the Kalendar and was the English Patron of elder time yet H. Chichley Archbishop of Canterbury gave him his greatness by canonizing his day to be a Double Feast and Grand day as well among the Clergy as Laity and that both