English Works of Sir Henry Spelman (Contents)

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Table of contents for the The English Works of Sir Henry Spelman, Kt. Publish'd in His Life-Time; Together with His Posthumous Works, Relating to the Laws and Antiquities of England (London: Printed for D. Browne, sen. & jun. W. Mears, F. Clay [etc.], 1723).

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Main Article: The English Works of Sir Henry Spelman, Kt. Publish'd in His Life-Time; Together with His Posthumous Works, Relating to the Laws and Antiquities of England

Contents of the Two Volumes

Volume I

Page Title
1 I. What a Rectory is,
ibid. II. Tithes how due,
2 III. Tithes originally not Levitical
3 IV. Of Oblations and Offerings,
4 V. Of Glebe-land, and Houses belonging to Parsonages,
6 VI. Churches and their Livings dedicated to God,
7 VII. Holy Rights and Temples how respected by Heathens,
ibid. VIII. How fearful a thing to violate the Church,
8 IX. David's Zeal for the House of God,
9 Our Saviour's Zeal for the House of God: And of the parts of the Temple,
10 X. The Sanctification of the Temple was threefold; or three several Parts of it were sanctified unto three different Functions,
11 XI. St. Paul maintain'd the Reverence of Churches,
ibid. XII. The Zeal of Some of the Fathers to the Church,
12 XIII. Sacrilege not to be Suffered in the least things,
ibid. XIV. An Admonition to those who meddle with holy Things,
13 XV. Our Churches Sanctified for nobler Purposes than the Jewish Temple,
ibid. XVI. The Statute of Dissolution makes them not temporal,
14 XVII. Colleges, and Deans and Chapters no Excuse for Lay-Impropriations,
15 XVIII. Lay Approprietaries have Cure of Souls,
16 XIX. A Work of Duty and Necessity to restore Impropriations
17 XX. The Conclusion,
18 XXI. An Epilogue,
19 XXII. St. Augustine's Sermon of rendring Tithes,
22 XXIII. The Appendix,
31 II. An Apology for the Treatise De non Temerandis Ecclesus
32 I. Of the Word Ecclefia, which signifies a material Church
ibid. II. An Explication of Ifaiah lvi. 7 My house shall be called, & c.
ibid III. Despise ye the Church of God, I Cor. xi 12 explain'd
34 IV. An Exposition of Psalm lxxxiii.
35 V. The number of Churches Spoiled amoung us,
37 III. A Latin Epistle to Mr. Carew concerning Tithes,
liii IV. Mr. Stephen's Preface to the lerger Work of Tithes,
liii An Account of the Performance, in what condition it was left by Sir H. Spelman,
liv All kinds of Laws, and all Aes, assert the Right of Tithes,
lvii The Small Proportion that Tithes under the Christian State bear to the Provision under the Jewish,
lix Great Privileges and Immunities have been taken from the Church which our Ancestors freely gave,
lx Our Saviour's Zeal against Sacrilege
lxi Tithes a more Suitable Maintenance for the Clergy than the uncertainty of Stipends and Collections,
lxii The great Success with which God bless'd the Labours of Sir Henry Spelman: As the Surrender of Impropriations, and the Augmentation of Vicarages, &c
ibid Sir H. S. practis'd according to his own Rule,
lxv Mr. Stephens's Gratitude to the Memory of his Patron and Friend,
67 V. The larger Treatise concerning Tithes, The Introduction
69 Chap. I What things are due unto God: first a Portion of our Time,
70 Chap. II The second sort of Tribute, which we are to render unto God: that is, a Portion of our Land,
71 Chap. III That the Portion of Land assigned to God should be sufficient for the Habitation of the Ministers,
ibid Chap. IV That Christ released not the Portion due to God, out of our Lands
73 Chap. V What Part in reason, and by direction of Nature might seem fittest for God,
74 Chap. VI Concerning the Revenue and Maintenance of the Church, in her Infancy, first in Christ's time, then in the Apostles, in the Churches of Jerusalem, Alexandria, Rome, and Africa,
84 Chap. VII That tho' the Service of the Levites was clean altered from the first Institution, yet they enjoyed their Tithes,
85 S. 1 Of the Temple Levites,
86 S. 2 Of Provincial Levites,
88 Chap. VIII The great Account made of Priests in the Old Law, and before,
89 Chap. IX When our Saviour commanded the Disciples should take nothing with them, but live on the Charges of the Faithful; this bound not the Disciples perpetually,
90 Chap. X That many things in the beginning both of the Law and the Gospel were admitted or omitted for the present, or reformed afterward,
93 Chap. XI That upon the Reasons alledged, and others here ensuing, the use of Tithing was omitted in Christ's, and the Apostiles time: and these Reasons are drawn one ab Expediente, the other a Necessitate
94 Chap. XII That the Ministers must have plenty
95 Chap. XIII Not to give less than the Tenth,
97 Chap. XIV The Etymology and Definition of Tithes, and why a tenth part rather than any other is due,
102 Chap. XV Who shall pay Tithe
103 Chap. XVI Out of what things Tithe is to be paid,
105 Chap. XVII That things offered unto God are holy,
106 Chap. XVIII Tithes must not be contemned, because they are used by the Church of Rome
107 Chap. XIX That the Tradition of ancient Fathers and Councils is not lightly to be regarded,
ibid Chap. XX Ancient Canons of Councils for payment of Tithes
110 Chap. XXI In what right Tithes are due; and first of the Law of Nature,
ibid Chap. XXII How far forth they are due by the Law of Nature
112 Chap. XXIII Tithes under the Law of Nature, first considered in Paradise,
113 Chap. XXIV The time of Nature after the Fall,
115 Chap. XXV That they are due by the Law of God,
119 Chap. XXVI That they are due by the Law of Nations,
121 Additions to the last Chapter,
128 Chap. XXVII That they are due by the Law of the Land,
132 Chap. XXVIII Tithe is not merely Levitical; how it is, and how not; and wherein Judicial,
134 S. 1 An Objection couching Sacrifice, First-fruits, and Circumcision
136 S. 2 Touching the Sabbath-day, Easter and Pentecost,
137 Chap. XXIX How Appropriations began
140 S. 1 That after the Appropriation the Parsonage still countinueth Spiritual,
141 S. 2 That no Persons are properly capable of an Appropriation, but Spiritual men
142 S. 3 What was granted to the King
143 S. 4 Whether Tithes and Appropriations belonged to the Monasteries, or not
ibid S. 5 In what sort they were granted to the King
ibid S. 6 To what end they were granted to the King,
144 S. 7 That the King might not take them,
145 S. 8 Of the Statute of Dissolution, which took away the Impropriations of the Church,
147 S. 9 That the King may better hold Impropriations that his Lay Subjects
155 VI. Resolution of a Doubt touching the Alienation of Tithes,
ibid I, II, III No just ground to think the Parliament will alienate Tithes from the Ministry,
156 IV The most clamorous against Tithes are equally so against a Ministry
157 V Their Alienation would weaken other Tenures, and incourage Innovators,
ibid VI 1 Tithes the most equitable means of subsisting the Ministry,
158 2 The uncertain Value of Money makes it an inconvenient Provision for the Clergy,
159 VII Animadversions upon the Petition of the Committee of Kent,
ibid I A Stricture upon Committees in general,
ibid II That County poyson'd with Anabaptists &c,
160 III The Petitioners own Artillery turn's against them,
161 The Law which allows a Right, allows a Remedy for the recovery of that Right,
ibid The Disproportion of Livings suitable to the Disproportion of Deserts.
165 Tithes neither Jewish not Popish
169 VIII Animadversions on a Pamphlet intitled The Countries Plea against Tithes
ibid I The great Antiquity of Tithes among Christians
170 II Tithes of moral obligation, being prior to the Levitical and ceremonial Law; neither are they typical,
ibid III The Unequality of Tithes as they lie upon Tradesmen and Farmers granted, and may be a subject worthy the Consideration of those in Authority
172 The Conclusion recounting the miserable Estate of the Greek Church; urging withal, that temporal Discouragements should not divert men from their Duty, since the withdrawing from the Ministry is the worst kind of Sacrilege,
175 IX De Seoultura
176 Canons and Decrees concerning Burial
179 The Sense and Censure of those Canons,
180 Of the Place of Sepulture,
ibid Of the Parties who take Money for the Office
184 Of Selected Vestries,
187 The Canonist declare, that the demanding Money for Sepulture is Simoniacal,
ibid The Sense of English Synods on this Subject,
188 What Fees the Parson may take,
190 A Censure upon Mr. Lambard and Mr. Fox
191 X Villare Anglicum

Volume II

Page Title
1 The Original, Growth, Propogation and Condition of Feuds and Tenures by Knight-Serivce, in England
1 Chap. I The Occasion of this Discourse, and what a Feud is,
2 Chap. II The Original, Growth, and Propagations of Fueds: first in general, then in England
7 Chap. III That none of out Feodal Words, not Words of Teoure, are found in any Law or ancient Charter of the Saxons
10 Chap. IV Of Tenures in Capite, more particularly
11 Chap. V What Degrees and Distinctions of Persons were among the Saxons, and of what consition their Lands were,
13 Chap. VI Of Earls among our Saxons
14 Chap. VII Of Ceorls; and that they were ordinarily but as Tenants or will; or having Lands, held not by Knight-Service
16 Chap. VIII Of Thanes, and their Several kinds
19 Chap. IX Charters of Thane-lands granted by Saxon Kings, not only without mention of Tenure or Frodal-Service, but with all Immunity, except Expedition, &c.
23 Chap. X Observations upon the precednet Charters, shewing that the Thane-lands, or Expedition, were not Feodal, or did lye in Tenure
23 Chap. XI More touching the Freedom of Thane-land, out of Doomsday
24 Chap. XII The Fruits of Feodal Tenures; and that they were not found among the Saxons, or not after our manner
25 Chap. XIII No Profit of Land by Wardship in the Saxonx time,
ibid Chap. XIV No Wardship in England amongst the Saxons: Objections answer'd
29 Chap. XV No Marriage of Wards
30 Chap. XVI No Livery; as Primer-seisin
31 Chap. XVII That Reliefs (whereon the Report most relyeth) were not in use among the Saxons, not like their Heriots,
32 Chap. XVIII Difference between Heriots and Reliefs
33 CHap. XIX No Fines for Licence of Alienation
34 Chap. XX No Feodal Homage among the Saxons
35 Chap. XXI What manner of Fealty among the Saxons
36 Chap. XXII No Eseuage among the Saxons: What in the Empire
37 Chap. XXIII No Feodal Elcheate of hereditary Lands among the Saxons
38 Chap. XXIV Thaneland and Reveland what; No Marks of Tenure, but Distinctions of Land-holders
40 Chap. XXV How the Saxons held their Lands; and what obliged them to so many kinds of Services
41 Chap. XXVI The Charter whereby Oswald Bishop of Worcester disposed divers Lands of his Church after the Feodal manner of that time, entitled, Indcials Liberratis de Oswalds-Laws-Hundred
43 Chap. XXVII Inducements to the Conclusion
49 II. Of the Ancient Government of England
57 III. Of Parliaments
67 IV. The Original of the four Terms of the Year
69 The Occasion of this Discourse
71 Sect. I Of the Terms in general
ibid Sect. II Of the Names of Terms
73 Sect. III Of the Original of Terms of Law-days
ibid Sect. IV Of the Times assigned to Law-matters, called the Terms
74 Chap. I Of Law-days among the Ancients
75 Chap. II Of Law-days amongst the Romans, using choice-days,
ibid Chap. III Of Law-days among the first Christians, using all Times alike
76 Chap.IV How Sunday came to be exempted
ibid Chap. V How other Festival and Vacation-days were exempted
77 Chap. VI That our Terms took their Original from the Canon-law
ibid Chap. VII THe Constitution of our Saxon Kings in this matter
78 Chap. VIII The Constitution of Canutus more particular
79 Chap. IX The Constitution of Edward the Confessor, most material
80 Chap. X The Constitution of William the Conqueror
81 Chap. XI What done by Will. Rufus, Henry I. K. Stephen, and Heath
82 Chap. XII The Terms laid out according to these ancient Laws
83 Chap. XIII Easter-term
84 Chap. XIV Trinity-term
85 Chap. XV Of Michaelmass-term, according to the ancient Constitutions
86 Chap. XVI The later Constitution of the Terms
87 Chap. XVII How Trinity-term was altered and shorten'd
88 Chap. XVIII How Michaelmass-term was abbreviated by Acr of Parlament 16. Car. I cap. 6
ibid Sect. V Other Considerations concerning Term-time
89 Chap. I Why the High-Courts sit not in the Afternoons
90 Chap. II Why they sit not at all some Days
93 Chap. III WHy some Law-business may be done on Days exempted
95 Chap. IV Why the End of Michaelmass-term is sometimes holden in Advent; and of Hilary in Septuagesima, &c
ibid Chap. V Why Assizes be holden in Lent
96 Chap. VI Of the Returns
97 Chap. VII Of the Quarta dies post
98 Chap. VIII Why I have used so much Canon and Foreign Law in this Discourse, with an excursion into the Original of our Law
103 Appendix
107 V. An Apologie for Arch-bishop Abbot, touching the Death of Peter Hawkins the Keeper, wounded in the Park at Bramsil, July 24 1625
111 VI. An Answer to the said Apology
121 VII. Letters and Instruments relating to the Killing of Hawkins by the Arch-bishop
127 VIII. Of the Original of Testaments and Wills, and of their Probate, to whom it anciently belong'd
133 IX. Icenia, five Norfolciae Descriptio Topographica
165 X. Comitum Marescallorum Angliae Catalogus
172 XI. Dissertatio de Milite
174 De aetate Militari
175 De evocatis ad Militiam Suscipiendam
176 De modo creandi Militem honoratum; & primo de Cingulo militari
179 Oui olim fiebant Milites
180 Oui possunt Militem facere
182 Judices sub equitum Appellatione cense equites esse Palatinos
183 De loco & tempore creationis
184 De censu militari
ibid Modus Exauctor andi Militem, quod Degradare noncupatur
187 XII. Historia Familie de Sharnburn
200 XIII. Familiae Extraneorum (five Lesteange) accurate description
203 XIV. A Dialogue concerning the Coin of the Kingdom; particularly, what great Treasures were exhausted from England, by the usurp'd Supremacy of Rome
211 XV. A Catalogue of the Places and Dwellings of the Archbishops and Bishops of this Realm (now or of former times) in which their several Owners have Ordinary Jurisdiction, as if Parcel of their Diocese, tho' they be situate within the Precinct of another Bishop's Diocese
217 To which are now added
217 Two Discourses, XVI. Of the Admiral Jurisdiction, and the Officers thereof
ibid Of the Etymologie of the Name of Admiral, and the Beginiing therof in England
219 A little Digression to the Beginning and Antiquity of Courts, thereby in bring us to the Office and Courts of Admiralty
220 Who had the RIghts and Jurisdiction of the Seas, before it was assigned to the admiral
222 Of the Beginning of the Admiral-Jurisdiction now in use
223 Of the Persons whom in concernth, and first of Proprierdvies
224 Of the Officers of the Admiralty, and first of the High-Admiral of England
ibid Of the Conservator of Truce, to whom Admiral Authority
ibis Of the Vice-Admiral
225 Of the Register
226 Of the Places sibject to the Admiraltie
ibid Of the Place where the Admiraltie consisteth
229 Of the Shore and Soyle of the Sea
230 Of Rivers
231 Of the Places accidentally subject to the Admiralty
232 The Fees which are taken in the Admirall Courte at London
233 XVII. Of antient Deeds and Charters
ibid Of Deeds in general; and then of Saxon Deeds
237 Chap. I of the Direction
238 Chap. II Of the Parties
243 Chap. III Of the Consideration
244 Chap. IV Of the WOrds of Grant or Donation
245 Chap. V Of the Thing granted
ibid Chap. VI Of the Estate of the Granter
246 Chap. VII Of the Habendum, or Estate granted
248 Chap. VIII Of the Use whereto the Estate was granted
250 Chap. IX Of the Reservation
ibid Chap. X Of the Tenure
252 Chap. XI Of the Warranty
253 CHap. XII Of the Sealing and Delivery
254 Chap. XIII Of the Date
256 Chap. XIV Of the Witnesses