the shooting here mentioned seemeth not to be the long-bowe which stirreth the body and is profitable to health but that deadly Engine which imagineth mischief as a law the Cross-bowe whose force a man cannot mitigate as in other weapons and is properly numbred amongst the instruments of War and therefore by a multitude of Canons prohibited to Clergy-men so that they may not use them pro justitia exercenda as appeareth by the Constit of Othob Tit. de Clericis arma portan nor equitantes per loca periculosa as it is in the Gloss upon the Decret of Gratian p. 992. where the Text is Clerici arma portantes usurarii excommunicentur But I have gone the length of my tedder I mean as far as the Apologie leadeth me and therefore now manum de tabula The case of this Reverend and most Worthy Person deserveth great commiseration and tender handling for who can prevent such unexpected casualties Yet may the consequence prove so mischievous both to himself and those that are to receive their Consecration from him as of necessity it must be carefully look'd into and provided for Let me remember an ancient precedent even in one of his own Predecessors Stigand Arch-bishop of Canterbury in the time of the Conquest who because he had not Canonically received his Consecration but from the hands of Pope Benedict who stood Excommunicate and sacris interdictus was not only deprived himself by authority of a Council but also the Bishops and Abbots which had taken their Consecration from him Therefore the Bishops of Wells and Hereford foreseeing that evil to make all clear fetch their Consecration at Rome from Pope Nicholas Vitabant enim saith Flor. Wigorn. in An. 1070. à Stigando qui tunc Archiepiscopatui Doroberniae praesidebat ordinari quia noverant illum non Canonice Pallium suscepisse It is good to follow the counsel of Gratian in the like matter Consultius est in hujusmodi dubio abstinere quam celebrare ca. 24. 1716. But because we are fallen into a case wherein perhaps some extraordinary Consecration may be required let me also relate a strange Consecration used in the entrance of the Reign of Henry I. An. 1100. where Eadmere a Monk of Canterbury being elected by the Clergy and People of Scotland to be Bishop of St. Andrews with the great good liking of King Alexander and the Nobility Yet by reason of some discontentments the same King had conceived against the Arch-bishop of York within whose Province Scotland then was he would by no means agree that Eadmere should take his Consecration from that Arch-bishop and after much consultation how then it might otherwise be performed it was at last agreed that the Staff of the Bishoprick should be solemnly laid upon the Altar and that Eadmere taking it from thence should receive it as deliver'd him from God himself which accordingly was done This calleth to my mind another of like nature somewhat more ancient where Wulstan the good Bishop of Worcester both resigned his Bishoprick by laying the Staff thereof upon the shrine of St. Edward the Confessor by the agreement of a Council holden under Lanfranc and in like manner received the same again from thence in the presence of King William the Arch-bishop Lanfranc and many others not without some miracle as Matthew Paris writeth it in An. 1095. These as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And thus in this matter of Shooting If I have done as the Proverb saith Shot like a Gentleman that is fair tho far off it sufficeth I humbly crave pardon 19. Octob. 1621. Recep Apolog. â—5 Octob. praeced SOME Letters and Instruments Concerning The killing of Hawkins by Arch-bishop ABBOT A Letter written by his Majesty to the Lord Keeper the Bishops of London Winton Rochester St. Davids and Exeter Sir Henry Hobart Kt. Chief Justice of the Common-Pleas Mr. Justice Dodderidge Sir Henry Martin and Mr. Doctor Steward or any six of them whereof the Lord Keeper the Bishops of London Winton and St. Davids to be four IT is not unknown unto you what happened this last Summer unfortunately to our Right Trusty and our Right Well-beloved Counsellour the Lord Arch-bishop of Canterbury who Shooting at a Deer with a Cross-bow in Bramsil-park did with that shoot casually give the Keeper a wound whereof he died Which accident tho it might have happened to any other man yet because his Eminent Rank and Function in the Church hath as we are informed ministred occasion of some doubts as making the Case different in his Person in respect of the Scandal as is supposed We therefore being desirous as it is fit We should to be satisfied therein and reposing especial Trust in your Learning and Judgement have made choice of you to inform Vs concerning the nature of this Case And do therefore require you to take it presently into your consideration and the Scandal that may have risen thereupon And to certify Vs what in your Judgements the same may amount unto either to an Irregularity or otherwise And lastly what means may be found to redress the same if need be of all which points We shall expect to hear your Reports with what diligence and expedition you possibly may Dated at Theobalds 3. Oct. 1621. A Letter from the Lord Keeper to Arch-bishop Abbot intimating the Reception of his Majesty's Letter May it please your Grace MY Lord of Winchester my Lord Hobart Sir John Dodderidge Dr. Martin and my self having met this afternoon about a Letter sent unto us together with some others under his Majesty's Signet and finding the Contents thereof to require from us some information of the nature of an unfortunate Act which doth referr unto your Grace We thought our selves ty'd in all justice and respect to send your Grace as I do here inclosed a copy of his Majesty's Letter And to let your Grace understand that we are ready to receive from your Grace in writing all the qualifying circumstance of the Fact if any such there be omitted in this Letter that we may be better grounded to deliver our Opinions as is desired concerning the nature of this unlucky accident And we have appointed two of the clock in the afternoon upon Saturday next to be the time and this Colledge of Westminster to be the place of our meeting to receive what information of the Fact your Grace shall 〈…〉 unto us And ceasing to be further troublesome I shall 〈…〉 Your Grace's poor Friend and Servant Jo. Lane C. S. Westminst Coll. 〈…〉 of October 162â— The Arch-bishop's Answer My very good Lords I Thank you for sending me the Copy of his Majesty's Letter which concerneth the â—nhappy 〈…〉 that befell me in Hampshire I here inclosed send unto your 〈◊〉 a â—opy of the Verdict given up by the Jurors unto the Coroner as also a 〈…〉 of some circumstances of this Fact which are not expressed in that Verdict 〈◊〉 the first being already upon Oath it needeth not as I
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
pag. 89. concerning this Treatise I shall here briefly exhibit some particulars which I acknowledge to have gather'd from an ample and most judicious discourse on this Subject written by the Learned Sir Henry Spelman Knight in 1614. very well worthy to be made publick THE Occasion of this Discourse ABout fourty two years since divers Gentlemen in London studious of Antiquities fram'd themselves into a College or Society of Antiquaries appointing to meet every Friday weekly in the Term at a place agreed of and for Learning sake to confer upon some questions in that Faculty and to sup together The place after a meeting or two became certain at Darby-house where the Herald's-Office is kept and two Questions were propounded at every meeting to be handled at the next that followed so that every man had a sennight's respite to advise upon them and then to deliver his opinion That which seem'd most material was by one of the company chosen for the purpose to be enter'd in a book that so it might remain unto posterity The Society increased daily many persons of great worth as well noble as other learned joyning themselves unto it Thus it continu'd divers years but as all good uses commonly decline so many of the chief Supporters hereof either dying or withdrawing themselves from London into the Country this among the rest grew for twenty years to be discontinu'd But it then came again into the mind of divers principal Gentlemen to revive it and for that purpose upon the day of in the year 1614. there met at the same place Sir James Ley Knight then Attorney of the Court of Wards since Earl of Marleborough and Lord Treasurer of England Sir Robert Cotton Knight and Baronett Sir John Davies his Majestie 's Attorney for Ireland Sir Richard St. George Knt. then Norrey Mr. Hackwell the Queen's Solicitor Mr. Camden then Clarentieux my self and some others Of these the Lord Treasurer Sir Robert Cotton Mr. Camden and my self had been of the original Foundation and to my knowledge were all then living of that sort saving Sir John Doderidge Knight Justice of the King 's Bench. We held it sufficient for that time to revive the meeting and only conceiv'd some rules of Government and limitation to be observ'd amongst us whereof this was one That for avoid offence we should neither meddle with matters of State nor of Religion And agreeing of two Questions for the next meeting we chose Mr. Hackwell to be our Register and the Convocator of our Assemblies for the present and supping together so departed One of the Questions was touching the Original of the Terms about which as being obscure and generally mistaken I bestow'd some extraordinary pains that coming short of others in understanding I might equal them if I could in diligence But before our next meeting we had notice that his Majesty took a little mislike of our Society not being enform'd that we had resolv'd to decline all matters of State Yet hereupon we forbare to meet again and so all our labours lost But mine lying by me and having been often desir'd of me by some of my Friends I thought good upon a review and augmentation to let it creep abroad in the form you see it wishing it might be rectify'd by some better judgement SECT I. Of the Terms in general AS our Law books have nothing to my knowledge touching the original of the Terms so were it much better if our Chronicles had as little For tho' it be little they have in that kind yet is that little very untrue affirming that William the Conquerour did first institute them It is not worth the examining who was Author of the errour but it seemeth Polydore Virgil an Alien in our Common-wealth and not well endenized in our Antiquities spread it first in Print I purpose not to take it upon any man's word but searching for the fountain will if I can deduce them from thence beginning with their definition The Terms be certain portions of the year in which only the King's Justices hold plea in the high Temporal Courts of causes belonging to their Jurisdiction in the places thereto assigned according to the ancient Rites and Customs of the Kingdom The definition divides it self and offers these parts to be consider'd 1. The Names they bear 2. The Original they come from 3. The Time they continue 4. The Persons they are held by 5. The Causes they deal with 6. The Place they are kept in 7. The Rites they are performed with The parts minister matter for a Book at large but my purpose upon the occasion impos'd being to deal only with the Institution of the Terms I will travel no farther than the three first stages of my division that is touching their Name their Original and their Time of continuance SECT II. Of the Names of the Terms THe word Terminus is of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifieth the Bound End or Limit of a thing here particularly of the time for Law matters In the Civil Law it also signifieth a day set to the Defendant and in that sense doth Bracton Glanvil and others sometimes use it Mat. Paris calleth the Sheriff's Turn Terminum Vicecomitis and in the addition to the MSS. Laws of King Inas Terminus is applied to the Hundred-Court as also in a Charter of Hen. I. prescribing the time of holding the Court. And we ordinarily use it for any set portion of Time as of Life Years Lease c. The space between the Terms is named Vacation à Vacando as being leasure from Law business by Latinists Justitium à jure stando because the Law is now at a stop or stand The Civilians and Canonists call Term-time Dies Juridicos Law-days the Vacation Dies Feriales days of leasure or intermission Festival-days as being indeed sequester'd from troublesome affairs of humane business and devoted properly to the service of God and his Church According to this our Saxon and Norman Ancestors divided the year also between God and the King calling those days and parts that were assigned to God Dies pacis Ecclesiae the residue alloted to the King Dies or tempus pacis Regis Divisum Imperium cum Jove Caesar habet Other names I find none anciently among us nor the word Terminus to be frequent till the age of Henry II. wherein Gervasius Tilburiensis and Ranulphus de Glanvilla if those books be theirs do continually use it for Dies pacis Regis The ancient Romans in like manner divided their year between their Gods and their Common-wealth naming their Law-days or Term-time Fastos because their Praetor or Judge might then Fari that is speak freely their Vacation or days of Intermission as appointed to the service of their Gods they called Nefastos for that the Praetor might ne fari not speak in them judicially Ovid Fastorum lib. 1. thus expresseth it Ille Nefastus erat per quem tria verba silentur Fastus erat per
Reliquiae Spelmannianae THE POSTHUMOUS WORKS OF Sir HENRY SPELMAN Kt. Relating to the LAWS and ANTIQUITIES OF ENGLAND Publish'd from the ORIGINAL MANUSCRIPTS With the LIFE of the AUTHOR Sine dubio domus Jurisconsulti est totius oraculum Civitatis Cicero OXFORD Printed at the THEATER for Awnsham and John Churchill at the Black-Swan in Pater-Noster-Row LONDON 1698. Imprimatur JOH MEARE VICE-CAN OXON Jan. 17. 1698. TO THE Most Reverend Father in God THOMAS LORD ARCH-BISHOP OF CANTERBURY PRIMATE of All ENGLAND And METROPOLITAN And one of his Majesty's most Honourable Privy Council MY LORD I BEG leave to lay before your Grace these Posthumous Discourses of Sir Henry Spelman promising them a favourable reception both for their own worth and for the sake of their Author He was a Person endow'd with those excellent Qualities which never fail to recommend others to your Grace's good opinion and esteem A Gentleman of great Learning and a hearty Promoter and Encourager of it In his Temper Calm and Sedate and in his Writings Grave and Inoffensive a true lover of the Establisht Church and a zealous maintainer of her Rights and Privileges In which respect the Clergy of this Nation were more particularly engag'd to Him because being a Lay-man and so not lyable to the suspicion of Prejudice or Interest his Reasonings carry'd in them a greater weight and authority than if they had come from one of their own Order I might add as some sort of excuse for this Trouble that He had the honour to be particularly respected by two of your Grace's Predecessors and some of his Posthumous Works by a third Arch-bishop Abbot and his immediate Successor were the chief Encouragers of the First Volume of his Councils and after his death the Second Part of his Glossary was publisht by the procurement of Arch-bishop Sheldon So that these Papers have a kind of hereditary right to your Grace's Protection All the share that I have in this Work is the handing it into the World and to make the first Present to your Grace would be no more than a decent regard to the Eminence of your Station though I had no particular obligation to do it But in my Circumstances I should think my self very ungrateful if enjoying so much Happiness under your Grace's Patronage I should omit any opportunity of expressing my Thankfulness for it Especially since such small Acknowledgements as this are the only Returns that I can ever hope to make for the Encouragement which You daily afford to Your GRACE'S most obliged and most dutiful Servant EDMUND GIBSON THE PREFACE I Shall not make any Apologie for the publication of these Treatises They seem'd to me to be very useful towards a right understanding of the Laws and Antiquities of England and I hope they will appear so to others too Nor need I endeavour to recommend them to the world any otherwise than by shewing them to be the genuine Labours of Sir H. Spelman whose Learning Accuracy and Integrity are sufficiently known The first of them concerning Feuds and Tenures in England was written in the Year 1639. and is printed from a fair Copy in the Bodleian Library corrected with Sir Henry Spelman's own hand The Occasion of writing it was the Great Case of Defective Titles in Ireland as may be gathered in some measure from the hints that our Author has given us but is much more evident from the Case it self printed afterwards by order of Thomas Viscount Wentworth the then Lord Deputie The Grounds thereof with the Pleadings and Resolutions so far as they concern the Original of Tenures were in short thus The several Mannours and Estates within the Counties of Roscomon Sligo Mayo and Gallway in the Kingdom of Ireland being unsettl d as to their Titles King James I. by Commission under the Great Seal dated the 2d day of March in the 4th Year of his Reign did authorize certain Commissioners by Letters Patents to make Grants of the said Lands and Mannours to the respective Owners Whereupon several Letters Patents to that effect passed under his Majesties Great Seal by virtue of the said Commission for the strengthening of Titles that might otherwise seem defective And afterwards in the Reign of King Charles I. upon an Enquirie into his Majestie 's Title to the Countie of Mayo there was an Act of State publisht commanding all those who held any Lands in that County by Letters Patents from the Crown to produce them or the Enrollment thereof before the Lord Deputie and Council by a certain day To the end that they might be secur'd in the quiet possession of their Estates in case the said Letters were allow'd by that Board to be good and effectual in Law In pursuance of this Order several Letters Patents were produc'd and particularly the Lord Viscount Dillon's which last upon the perusal and consideration thereof by his Majestie 's Council were thought to be void in Law And therefore it was order'd by the Lord Deputie and Council that the doubt arising upon the Letters Patents should be drawn up into a Case and that Case to be openly argu'd at the Council-Board The Case was drawn up in these words King James by Commission under the Great Seal dated the second day of March in the fourth year of his Reign did authorize certain Commissioners to grant the Mannour of Dale by Letters Patents under the Great Seal of this Kingdom to A. and his heirs and there is no direction given in the said Commission touching the Tenure to be reserv'd There are Letters Patents by colour of the said Commission pass'd unto A. and his heirs to hold by Knights Service as of his Majesties Castle of Dublin Here it was agreed on all hands that the Letters Patents were void as to the Tenure and that the Commissioners had acted beyond their Commission in reserving a mean Tenure to the prejudice of the King when they ought either to have reserv'd an express Tenure by Knight's Service in Capite or have mention'd no Tenure at all but have left the Law to imply a Tenure in Capite The question therefore was Whether the deficiency of the Tenure did so far affect the Grant as wholly to destroy the Letters Patents Or Whether the Letters Patents might not be good as to the Land and void only as to the Tenure The Case was argu'd several days by Counsel on both sides and was afterwards deliver'd up to the Judges who were requir'd by the Lord Deputie and Council to consider of it and to return their Resolution But upon private Conference not agreeing in their Opinions it was thought necessary for publick satisfaction to have it argu'd solemnly by them all which was accordingly done And when it came to be debated whether the reservation of a Tenure so different from that intended and warranted by the Commission could make void the whole Grant this happen'd to lead them to a more general Enquirie What the reservation of a Tenure is
103. Camden in Bark-shire Selden in Eadmer p. 154. That Wardships were then in use and not brought in by the Normans as Camden in his Britt 178. Nor by Hen. III. as Randolph Higden in his Polichronicon and others not understanding him would perswade Vid. Seldens Notes on Fortescue 51. Among the priviledges granted by Edward the Confessor to the Cinque-ports we meet with this that their heirs shall shall not be in Ward Lambards Perambulat of Kent 101. And in the Customs of Kent which are in the Magna Charta of Tottels Edition and in Lambards Perambulation There is a Rule for the Wardship of the heir in Gavelkind and that he shall not be marryed by the Lord. And those Customs say of themselves that they were Devant le Conquest en le Conquest For the Antiquity of Wardships in England and Scotland see also Hect. Boet. lib. 11. Buchanan rerum Scot. lib. 6. and the Laws of Malcolm II. which prove the Antiquity of Wardships in Scotland and therefore in England before the Norman Conquest for in those times it is probable the Laws of both Nations did not much differ as for the times after it appears they did not by comparing their Regiam Majestatem and our Glanvil Neither is the bare conjecture of Sir Henry Spelman sufficient to take away the force of those Laws Vid. Spelman Glossar verbo Feudum Upon this amongst other reasons they did conclude That upon consideration of the Authority given and Grant thereupon made the reservation of the Tenure cannot be said to be Aliud So. a separate and distinct thing from the Authority of Granting the Land but rather included within it And that the Reservation of the Tenure though it be not Ipsa concessio the Grant it self yet it is Modus concessionis and a part of the Grant and that therefore the Authority being not pursued in that the whole Grant is void These were their Arguments for Tenures among the Saxons as they are set down in the Case it self drawn up and Printed by Order of the Lord Deputie Sir Henry Spelman has severally consider'd both the Truth and Force of them not strictly confining himself to their Reasons and Reflections but taking occasion from thence to write a very elaborate Treatise of the Nature and Original of Feuds and Tenures The two discourses Of the ancient Government of England and Of Parliaments are both of them publisht from the Original Manuscripts in the hands of Mr. Charles Spelman of Congham in Norfolk son of Sir John Spelman and Grandson to Sir Henry That concerning the Original of the four Terms was publisht in the Year 1684. from a very uncorrect and imperfect Copy which probably had been taken when the Author first wrote the Discourse The Original Manuscript with very many Additions and Corrections that Sir Henry afterwards made in it is preserv'd in the Bodleian Library from whence the Work is now printed entire The Apology for Arch-bishop Abbot by an unknown Author and the Answer to it by Sir Henry Spelman are in the posâ—ession of Mr. Henry Spelman son to Mr. Clement Spelman who was Sir Henry's youngest son both written with our Author 's own hand To this Answer he refers us in his Glossary under the title Muta Canum The Letters relating to the same subject are in a Collection of Original Papers and Records deliver'd to Mr. Wharton by Arch-bishop Sancroft and now in the hands of Mr. Châ—â—wel The Treatise of the Original of Testaments and Wills and his Icenia or the description of Norfolk are both publisht from the Author 's own Copies in the Bodleian Library The latter of these is not so compleat as he had intended to make it The Catalogue of the Earls Marshal of England and the Dissertation de Milite were evidently design'd for a part of his Glossary as appears from the manner of the Composition and from several passages in them But when the Papers were deliver'd to Sir William Dugdale for the publication of the second part of that Work these two it seems had been mislaid The account of the Earls Marshal is I fear imperfect in some places but will however be of good use towards a more accurate Catalogue of them The succession of the Family of Sharnburn is a peice of Antiquity that was exceedingly valu'd by Sir Henry Spelman as appears both from his Recommendation and from the use that he has made of it in some part of his Works Having met with a Copy in Mr. Ashmole's Museum at Oxford I thought it might not be improper to publish it among his Remains The Dialogue concerning the Coin of the Kingdom and the Catalogue of the Places of the Arch-bishops and Bishops of this Realm are in the possession of Mr. Charles Spelman The first is written in a hand not unlike Sir Henry Spelman's only somewhat less which if it was really his may have been occasion'd by his writing it while he was young For it appears to have been compos'd in the 36. of Elizabeth when Sir Henry was but about thirty three years of age The Catalogue was drawn up in the time of King James I. for the use of the then Arch-bishop of Canterbury as I gather from those words in the beginning written in a different hand Pro Domino Archiepiscopo Cantuar. I dare not positively affirm that either of these is Sir Henry Spelman's but the finding them among his other Papers and the accurate knowledge of our English affairs which appears in both incline me to believe that he was really the Author of them and for that reason they are printed upon this occasion This is all I have to say concerning the Posthumous Works of Sir Henry Spelman which I was willing to make publick for the Author's reputation and the service of the World THE LIFE OF Sir Henry Spelman Kt. HENRY SPELMAN was born at Congham a Town in Norfolk near Lynn He was descended from an ancient Family of that name who about Henry the III's time were seated in Hampshire but afterwards remov'd into Suffolk and from thence into Norfolk about 200. years since His Father's name was Henry Spelman Esq as I learn from a Pedigree of the Family under Sir Henry's own hand and not John as a late Writer has told us His Mother was Frances daughter of William Sanders of Ewel in Surrey Esq After his Education at School he was sent to Trinity Colledge in Cambridge before he was quite 15. years of Age and indeed as he himself complains before he was ripe for the University He had not stay'd there two years and a half but his Father dy'd and he was call'd home to assist his Mother in the management of the Family Afterwards when he came into the World and betook himself to Writing and the study of our Laws he found the want of University Education and condoles his misfortune in that particular in a Letter to his friend Mr. Richard
are all for profit taking what we find at market without enquiring from whence it came With this honest freedom does he censure his own times Not but then as well as now the studies to which he directs were pursu'd and encourag'd by Persons of the highest Stations in the Law and some of them were so far concern'd for the improvement of ancient Learning that they form'd themselves into a Society of Antiquaries for that purpose as we learn from Sir Henry's Introduction to his Law-terms With this design of understanding the foundation of our Laws Ecclesiastical as well as Civil he read over the Fathers Councils and as many of the middle-age Historians as he could meet with whether foreign or domestick Printed or Manuscript The roughness of style could not be very pleasing but that which chiefly discourag'd him was the great number of strange and obsolete words which are very hard to be understood and yet oftentimes are so considerable that the meaning of the whole sentence depends upon them However he went forward and where he met with any such word set it down in it's proper order with a distinct reference to the place till by degrees he had collected a variety of instances and by comparing the several passages where the same word occurr'd was able to give a tolerable conjecture at the true signification After he had made a considerable collection of this kind and observ'd how by this means the reading of the old Historians became every day more easie and pleasant he begun to digest his materials and from the several quotations to draw a judgement of the strict acceptation of each word in the respective Ages wherein it was used For he consider'd that what had been a discouragement to him would be so to others too and that a work of this nature would remove one of the greatest difficulties in the reading of our old Historians But tho' a number of instances gave him good satisfaction as to the several Words yet finding that many of our Laws since the Conquest are drawn from the Constitution of the Saxons and that many obsolete Terms in our Latin Historians must be of a pure Saxon Original he despair'd of ever accomplishing his design for want of understanding that Language At least he was certain that the knowledge of it must needs lead him to a clearer interpretation of many obscure passages and enable him throughout the whole Work to deliver his Opinion with a better assurance This Language at that time was not to be learnt without great difficulty Little assistance was to be expected from conversation in a study which few People of that Age ever minded Nor had he the directions either of Grammar or Dictionary as we at this day are accommodated with both very accurate in their kind However he set heartily about it and tho' I think he never perfectly conquer'd it yet under so many inconveniencies it is a greater wonder that he should attain so good a knowledge than that he should not make himself an absolute Master of it After he had made large Collections and got tolerable knowledge of the Saxon Tongue he resolv'd to go on with his undertaking but because he would not depend altogether upon his own Judgement he Printed a sheet or two for a Specimen whereby his Friends might be able to give him their opinion of the design He was encourag'd on all hands by the most Learned Persons of that Age at home by Archbishop Usher Bishop Williams then Lord Keeper Mr. Selden and Sir Robert Cotton abroad by Rigaltius Salmasius Piereschius and others as also Bignonius Meursius and Lindenbrogius whose assistances he very gratefully acknowledges in his Preface to the work Upon their encouragement he prepar'd part of it for the Press and offer'd the whole Copy to Mr. Bill the King's Printer He was very moderate in his demands desiring only five pound in consideration of his labour and that too to be paid him in Books But Mr. Bill absolutely refus'd to meddle with it knowing it to be upon a subject out of the common road and not likely to prove a saleable work So that Sir Henry was forc'd to carry it on at his own charge and in the year 1626. publisht the first part of it to the end of the Letter L. Why he went no farther I cannot tell nor has he so much as hinted to the cause of it either in his Preface or any part of his works that I know of Monsieur du Fresne who very much laments that he should not publish the second part himself fancies that his design of compiling the English Councils might be the occasion of his breaking off in the middle of his Glossary But 't is not likely that a Person of Sir Henry Spelman's settl'd Temper and Resolution should leave one work imperfect to make way for another I have heard it affirm'd by others that he stopped at the Letter M. because he had said somethings under Magna Charta and Magnum Consilium that his Friends were afraid might give offence But I believe the true reason was this Printing it at his own charge he must have laid out a considerable summ upon the first part and having a large Family there was no reason why he should venture as much more without the prospect of a quicker return than either the coldness of the Bookseller or the nature of the work gave him It fell out accordingly for eleven years after the greatest part of the Impression remain'd unsold till in 1637. two of the London Booksellers took it off his hands And tho' he should afterwards have had encouragement to go forward that was not a time to speak freely either of the King's Prerogative or the Liberties of the Subject both which would upon many occasions fall in his way Besides that the finishing the second part with the same copiousness and accuracy as he had done the first would have been too heavy a task for a Man of his great Age. The Author has told us in an Advertisement before the book that he chose to entitle his work Archaeologus rather than Glossarium as we commonly call it For a Glossary strictly speaking is no more than a bare explication of Words whereas This does more especially treat of Things and contains entire Discourses and Dissertations upon several of the heads therein mention'd For which reason it is not only to be consulted upon occasion like our common Lexicons but ought to be carefully perus'd and study'd as the greatest Treasure extant of the ancient Customs and Constitutions of England Before the Edition of 1626. he has this remarkable Dedication Deo Ecclesiae Literarum Reipub. Sub protestatione de addendo retrahendo corrigendo poliendo Prout opus fuerit consultius videbitur Deo clementissime annuente HENRICUS SPELMANNUS Omni supplex humilitate D. D. I have therefore set it down at large because in the Editions of 1664. and 1687. they have
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
filiam cujusdam viri Vlfi quem concupiverat maritali sibi foedere copulare Here it appeareth that the King's Licence or good will was sought but the reason appeareth not The good will of King Solomon was sought that Abishag might be given to Adoniah for his wife but not in respect of Tenure in either case It is an express law of King Canutus Ll. 72. ne nyde man naðer ƿif ne maeden c. That no man should constrain either woman or maid to marry otherwise than where they will nor shall take any mony for them unless by way of thankfulness some do give somewhat If these passages carry any shew of Wardship I must still let you know that Knights Fees were not at this time descendable unto Women by the Feudal law no nor long after when they were become hereditary in the masculine line Ne à Lancea ad fusum haereditas pertransiret as you may see by Cujacius in feud Lib. 1. Tit. 1. The first law that I meet with touching Feudal marriages is in Magna Charta Libertatum Hen. I. yet is there nothing spoken of marrying the heir male of the Kings Tenant within age And touching the female issue it is only provided that the King should be so far acquainted with their marriage as that he might be assur'd they should not marry with his enemies lest the feuds or feifs which were given for service against them should by this occasion be transferr'd to them Hear the words of the Charter Et si quis Baronum meorum vel aliorum hominum meorum siliam suam nuptui tradere voluerit sive sororem suam sive neptem sive cognatam mecum inde loquatur sed nec ego aliquid de suo pro hac licentia accipiam nec defendam ei quin eam det excepto si eam velit jungere meo inimico Et si mortuo Barone vel alio homine meo filia haeres remanserit sine liberis fuerit dotem suam maritationem habebit eam non dabo marito nisi secundum velle suum c. Ordaining that the Wife shall be Guardian of the Childrens lands or some near kinsman qui justus esse debet and that other Lords observe the like courses touching their Wards Thus among the Normans but I don't find in all the Feodal law of these times any thing sounding to this purpose nor any mention of Marriage or Wardship of the body or lands I take them therefore to have risen from the Normans a little before their coming into England but in a diverse manner according to the diversity of the places and the moderate or covetous disposition of the Lords For it seemeth that tho' the profits of the land belong'd wholly to the Lord and were therefore ordinarily so taken by him yet some of the Lords deducting only the charge of Education of the Ward and just allowances restor'd him his lands at full age with the surplusage upon accompt And the Grantee of a Wardship from the King was in Normandy tyed to do it as appeareth by the 215. Artic. of the reformed Customes for otherwise they were not Guardians properly and Tutores rei pupillaris but fructuarii rather and suum promoventes commodum See the Comment to that Article So in point of Feodal marriage it seemeth that the Charter of Henry I. was grounded upon the Norman Custom which tho it required the consent of the Lord in tendring of Marriage to Women for the reason aforesaid yet did it not permit either him or the kindred or friends whom they called the parents to make it venal or to take any thing for the same as you may see by divers passages there and by a case adjudged in the Comment to the 228. Article where the Tutor or Guardian and the Parents and Friends thus offending are all condemn'd to pay costs and damages And note that according to the Norman custom the consent of the Parents viz. the next kindred and friends was as requisite as the consent of the Lord or Tutor which as I conceive gave the occasion of the words Si parentes conquerantur in the Statute of Merton as in respect of the ancient right they had in consenting to the Marriage And insomuch as we don't find that the various usages touching Wardship and Marriage were compos'd into an uniform law till Magna Charta Henr. III. did determine it it may be conceiv'd to have been the reason that Rand. Higden before mention'd and our other Authors did ascribe this part of our Feodal Law to be introduced by Henry III. But it is manifest by Glanvil that it was in use in Henry II's time and by the Charter of Henry I. to have been so likewise under William Rufus yet is there nothing hitherto any way produc'd to bring it from the Saxons or to shew it to have been in use amongst them CHAP. XVI No Livery no Primer Seisin IF the King's Tenant in capite or by Knight-service dieth the King shall have his lands till the heir hath done homage which if he be of full age he may do presently but if he be under age the land must continue in the King's hands till his full age And when either the one or the other sueth to have it out of the King's hands his obtaining it is called Livery and the profits receiv'd in the mean time by the King are call'd his Primer Seisin But neither of these could be among the Saxons for that their hereditary lands were not Feodal but libera ab omni gravedine as before we have shew'd And their temporary lands could not be subject to it for that their Estate extended no farther then to a Franck Tenement And neither the one or the other was then tyed to do Homage as shall appear when we speak of Homage After the coming of the Normans they were presently afoot amongst us even in William Rufus's days but uncertain and irregular which was a certain note of their novelty and that Feuds hereditary were new begun The great Charter of Liberties granted by Henry I. implyeth as much where to moderate them the King saith thus Si quis Baronum meorum seu Comitum sive aliorum qui de me tenent mortuus fuerit haeres suus non redimet terram suam sicut faciebat tempore fratris mei sed legitima justa relevatione relevabit eam Similiter homines Baronum meorum justa legitima relevatione relevabunt terras suas de Dominis suis I take this redeeming of the land out of the King's hands to be a Composition for his Primer Seisin and for the Livery and Relief things uncertain at this time even in their Norman appellations and not likely therefore to be known unto the Saxons CHAP. XVII That Reliefs whereon the Report most relyeth were not in use among the Saxons nor like their Heriots OF all the Feodal profits alledged in the Report to be receiv'd
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
in Shoe-lane by a Lease from the Bishop of that See temp Edw. VI. yeilding some Rose or other small or not valuable Rent 19. The Bishop of LINCOLN'S Place was Southampton-house in Holborn convey'd temp Edw. VI. to the Lord Writoheseley then Lord Chancellor in fee for which the Bishop hath no other house in or near London as is thought 20. The Bishop of CHICHESTERS Place or Palace as Matthew Paris in his Chronicle calleth it reciting the story of the Lord Arch-bishop of Canterbury visiting St. Bartholomews did at that time lye in that house which was in Chancery-lane where Sir Richard Read sometime a Master of the Chancery and Mr. Atkinson the Counsellor at Law and others dwelt and dwell in and is said to be in Lease from the Bishop's Predecessors for divers years What the Rents reserv'd yearly be the Lease will shew the same 21. The Bishop of St. ASAPH never had Place at or near London that I can learn of neither in the valuation of the See where all his Possession and Jurisdictions be valu'd in the First-fruit-office is there mention of any such Place neither doth the now Bishop of that See know the same 22. The Bishop of the ISLE OF MAN call'd Sodorensis Episcopus altho' the same be an ancient Bishoprick yet was he never Lord of the Parliament of England having no Chapter or other Clergy but only an Archdeacon and all the Incumbents of the several Parishes of that Isle And before the said Statute of 33. Hen. VIII was neither a Suffragan of the Province of Were wont in former times to ride on Mares or Mules 119. Prohibited to take cognizance of Wills 129. Blackney Harbour 151. Blicking 151. The birth place of Q. Anna Bullen ibid. Bocland what 12. Not subject to Homage 35. Bond-men anciently not valu'd or rated 15. Reputed only as part of their Master's substance 11 15. Boors who 14. Bouthorpe 157. Bramsil 108 109. Brancaster 147 148. Breakspear Nich. converted Norway 139. Made Cardinal and Pope ibid. Breclys 161. Brennus a Britain invades Greece 3. His attendants ibid. Brictrick a Saxon Thane 22. Britains none of 'em remaining after Cadwallador's departure 100. Their Laws alter'd by the Romans 101. Bronholm 152. Brotherton Tho. Earl of Norfolk and Earl Marshal of England 167. When he dy'd 168. Buckenham 158. Burg-Castle 155. Burghesses of old not call'd to consult of State-matters 64 65. Burghbote and Brugbote 17 22 40. Burnham in Norfolk 149. Burnham-East in Com. Bucks 23. By what it signifies 3. 154. By-laws 3 154. C Cadwallader Prince of the Britains fled into Armorica 100. Calthorp 151. King Canutus how he publish'd his Laws 61. His Constitution touching Festivals 79. Capet Hugh usurpt the Kingdom of France 5 He grants his Nobility a perpetual enjoyment of their Feuds and Honours ibid. 14. Capitales plagii 52. Capitanei Regis regni 58. Caput feodi aut Capitaneus feodi 11. Carbrook 161. Carolus Calvus Emperour and King of France his Synodical Edict 54 55. Carolus Magnus or Charlemaigne divided his Territories between his three Sons 128. Castle-acre 141. Castle-rising in Norfolk the Parson has the Probate of Wills in that Town 130. Caston 151. Castor 155 156. Ceorls who 12. Of two sorts 14. The chiefest part of their profits redounded to their Lords ibid. Their service no bondage ibid. Their valuation and priviledges ibid. Not capable of a Knights Fee ibid. Champain in France 128. Chancery-Court 94. Charta de Foresta 109 114. Charter the first by whom made and where kept 8. Saxon Charters usually writ in that Language ibid. Charters of Thane-lands granted by several Kings 19 20. Chichley Henr. Arch-bishop of Canterbury canoniz'd St. George's day 93. The occasion of that Constitution ibid. Chindavintus King of the western Goths his Law concerning Wills 130. Cingulum quo sensu accipiendum 185. Cinque-Ports priviledges granted to them by King Edward the Confessour c. 26. Clacklose-Hundred 139. Clergy-men forbidden to use hunting 109 112 113. seq When they took upon them to prove Wills 129. Prohibited by Justinian to meddle with those matters ibid. Cley harbour 151. De Clifford Rob. Marshal of England 167. K. Canute's Charter of donation to the Thane Orc. 20. Coin of England in Q. Elisabeth's time 203 c. Colloquia 65. Comites who and why so call'd 3. Commendati 35. Congham 145. Conradus Salicus made a Constitution touching Feuds 4 5. Consecration a strange one of Eadmer a Monk of Canterbury 119. Consilium regni 60. Controversies among the ancient Britains by whom judg'd 74. Conveyance of lands how made by the Saxons 8. Cosshering what 60. Cossey 157. Counties in England 5. County-Courts how often kept 54. Were proclaim'd a sennight beforehand ib. Earl's County and Bishop's Diocess had but one limit 130 131. Ecclesiastical and Secular causes there decided 131. Court-Baron 4. It s Original 51. Court-Leet 51. Sometimes granted to the Lords of Mannours ibid. Court-Christian or Ecclesiastical when it sprung up 131 132. High Courts of Justice why they sit not in the Afternoons 89 90. Why they sit not all some days 90 91. Why they sit on the Rogation days ibid. Why on some Festivals and not on others 91 The Admiralty-Court why always open 94. Chancery-Court said to be always open ib. Cowshil 153. Creak 149. Cromer 152. Crostwick 153. Crowner's Office not before the Conquest 27. D Dane-blood 149. Dane-law 45. Danes not capable of devising lands by will 22 David I. King of Scotland and Earl of Huntingdon 11 131. Dean his Office and Functions 50. The priviledges of a Bishop's Dean ibid. Deerham West 140. Defensor Plebis 129. Degradatio Militis 185. Deira a Province 13. Demains or Demesne what 12. Ancient Demesnes had not any lands by Knight-service 44 57. D'Evreux Robert Earl of Essex Viscount Bourchier c. 171. Sent into Spain with an army ibid. Storm'd Cadiz ibid. Created Marshal of England ibid. Made Lord Deputy of Ireland ibid. When beheaded ibid. Dies juridici 72 73. Dies feriales 72. Dies pacis Ecclesiae ibid. 79. 82. Dies pacis Regis ibib 82. Dies novem Lectionum 91. Dies feriati repentini 93. Dower why judg'd to belong to the Ecclesiastical Court 132. Downham 140. Druides who 74. The sole Judges of controversies among the old Britains 74. Suppos'd to have us'd the Greek tongue 103 Had no knowledge of the Latin ibid. Dudley John Duke of Northumberland and Earl Marshal of England 170. E Eadmere a Monk of Canterbury made Arch-bishop of St. Andrews in Scotland 119. King Eadwigus's Charter of Thane-lands granted to Aelswine 19. Earl Marshals of England 169 170 171. Earl of a County see Alderman Earldoms not hereditary in ancient times 13. Earldoms in France ibid. 14. Earls among the Saxons 13 14. Earl no title of dignity anciently 13. Their Office depended on the King's pleasure ibid. An Earls Heriot 31. Easter-Term how limited anciently 83. Easter-week when exempted from Law business 76. Ebsam in