Henry Swinburne (lawyer)
Encyclopedia
Henry Swinburne was an English ecclesiastical lawyer and scholar. Initially working as a clerk at a Consistory Court
he attended the University of Oxford
from 1576 to 1580, graduating with a Bachelor of Civil Law (BCL) degree, and was admitted to the bar at York to work as an ecclesiastical lawyer. As well as his work as a lawyer he held various administrative and judicial positions. He died in 1624.
Swinburne is best known for his two legal treatises, particularly A briefe treatise of Testaments and last Wills which remained a standard work on family law for 200 years after his death. Swinburne was the first ecclesiastical law writer to write in English
, York
, to Thomas Swinburne and Alison Dalynson. After an education at Archbishop Holgate's School
he became a clerk in the Consistory court
in York. After becoming a notary public
of the court he matriculated to the University of Oxford
in 1576, studying at Hertford College
, and while there met and married Ellen Lant, daughter of Bartholomew Lant. He graduated from Broadgates Hall, Oxford in 1580 with a Bachelor of Civil Law degree, and a few years later was called to the ecclesiastical bar at York.
of the Dean of York
in 1593, commissionary of the York exchequer court in 1604 and worked in the Court of High Commission
between 1607 and 1622. By 1613 his wife had died and he married Margaret Wentworth - they had a son, Toby Swinburne, in the same year.
. Swinburne was the first ecclesiastical law writer to write his books in English.
A briefe treatise of Testaments and last Wills was his most well-known work, and became a standard text for family law for almost 200 years, being reissued in seven different editions up to 1803. It was first published in 1590 by John Windet and corrected and edited by Swinburne himself. The book was intended to rectify a fault in the canon law system - that there were so many hundreds of books on various bits of canon law that it was impossible to read all of them and get an accurate picture of a particular area of law. Swinburne intended to rectify this by publishing a single book on family law which could act as a substitute to the hundreds of other texts on the matter. The book was written in English so that it could be read by a wider audience, and was the first ecclesiastical law text to be written in such a way.
The book was "a model of clarity and scientific technique" set up in an orderly fashion that contrasted sharply with the disjointed nature of the nearest common law equivalents by James Dyer
and Ambrose Gilbert. It summarised a mass of canon law judgments previously written in Latin and became a "landmark in jurisprudence". After the copyright was acquired by the Company of Stationers
in 1607 it was reprinted and edited repeatedly.
A treatise of Spousals, or Matrimonial Contracts was being written up to Swinburne's death in 1624, and was only published in 1686 when a draft was found in the library of Lincoln's Inn
. There is evidence that it was intended to be one of three volumes on the subject, although the other two were never started, even in draft form.
Consistory court
The consistory court is a type of ecclesiastical court, especially within the Church of England. They were established by a charter of King William I of England, and still exist today, although since about the middle of the 19th century consistory courts have lost much of their subject-matter...
he attended the University of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
from 1576 to 1580, graduating with a Bachelor of Civil Law (BCL) degree, and was admitted to the bar at York to work as an ecclesiastical lawyer. As well as his work as a lawyer he held various administrative and judicial positions. He died in 1624.
Swinburne is best known for his two legal treatises, particularly A briefe treatise of Testaments and last Wills which remained a standard work on family law for 200 years after his death. Swinburne was the first ecclesiastical law writer to write in English
Early life and education
Swinburne was born in 1551 in the ward of MicklegateMicklegate
Micklegate is a street in the City of York, England. The name means "Great Street", "Gate" coming from the Old Norse gata, or street. Micklegate lies on the Western side of the River Ouse, Yorkshire, and holds the southern entrance into the city, Micklegate Bar, through which many monarchs have...
, York
York
York is a walled city, situated at the confluence of the Rivers Ouse and Foss in North Yorkshire, England. The city has a rich heritage and has provided the backdrop to major political events throughout much of its two millennia of existence...
, to Thomas Swinburne and Alison Dalynson. After an education at Archbishop Holgate's School
Archbishop Holgate's School
Archbishop Holgate's School is a voluntary aided Church of England, coeducational secondary school in York, England.-Admissions:The school has two main specialist statuses - Science College and Leading Edge. The current headmaster is Andrew Daly...
he became a clerk in the Consistory court
Consistory court
The consistory court is a type of ecclesiastical court, especially within the Church of England. They were established by a charter of King William I of England, and still exist today, although since about the middle of the 19th century consistory courts have lost much of their subject-matter...
in York. After becoming a notary public
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
of the court he matriculated to the University of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
in 1576, studying at Hertford College
Hertford College, Oxford
Hertford College is one of the constituent colleges of the University of Oxford in England. It is located in Catte Street, directly opposite the main entrance of the original Bodleian Library. As of 2006, the college had a financial endowment of £52m. There are 612 students , plus various visiting...
, and while there met and married Ellen Lant, daughter of Bartholomew Lant. He graduated from Broadgates Hall, Oxford in 1580 with a Bachelor of Civil Law degree, and a few years later was called to the ecclesiastical bar at York.
Career
As well as his work as a lawyer, Swinburne also held multiple judicial and administrative posts. He became Auditor of the PeculierPeculier
Peculier may refer to:* A Royal Peculiar , an area including one or more places of worship under the jurisdiction of the British monarchy* Old Peculier, a beer brewed by Theakston Brewery, named in honour of the Peculier of Masham...
of the Dean of York
Dean of York
The Dean of York is the member of the clergy who is responsible for the running of the York Minster cathedral.-11th–12th centuries:* 1093–c.1135: Hugh* c.1138–1143: William of Sainte-Barbe...
in 1593, commissionary of the York exchequer court in 1604 and worked in the Court of High Commission
Court of High Commission
The Court of High Commission was the supreme ecclesiastic court in England. It was instituted by the crown during the Reformation and finally dissolved by parliament in 1641...
between 1607 and 1622. By 1613 his wife had died and he married Margaret Wentworth - they had a son, Toby Swinburne, in the same year.
Writing
Swinburne is best known for his two treatises on law - A briefe treatise of Testaments and last Wills, first published in 1590, and A treatise of Spousals, or Matrimonial Contracts, published posthumously in 1686 based on a draft found in Lincoln's InnLincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
. Swinburne was the first ecclesiastical law writer to write his books in English.
A briefe treatise of Testaments and last Wills was his most well-known work, and became a standard text for family law for almost 200 years, being reissued in seven different editions up to 1803. It was first published in 1590 by John Windet and corrected and edited by Swinburne himself. The book was intended to rectify a fault in the canon law system - that there were so many hundreds of books on various bits of canon law that it was impossible to read all of them and get an accurate picture of a particular area of law. Swinburne intended to rectify this by publishing a single book on family law which could act as a substitute to the hundreds of other texts on the matter. The book was written in English so that it could be read by a wider audience, and was the first ecclesiastical law text to be written in such a way.
The book was "a model of clarity and scientific technique" set up in an orderly fashion that contrasted sharply with the disjointed nature of the nearest common law equivalents by James Dyer
James Dyer
Sir James Dyer was a judge and Speaker of the House of Commons during the reign of Edward VI of England.Dyer was knighted at Whitehall on 9 April 1553, Strand Inn, preparatory 1520s, Middle Temple abt. 1530, called to the bar 1537?, bencher 1540s, serjeant-at-law 17 Oct...
and Ambrose Gilbert. It summarised a mass of canon law judgments previously written in Latin and became a "landmark in jurisprudence". After the copyright was acquired by the Company of Stationers
Worshipful Company of Stationers and Newspaper Makers
The Worshipful Company of Stationers and Newspaper Makers is one of the Livery Companies of the City of London. The Stationers' Company was founded in 1403; it received a Royal Charter in 1557...
in 1607 it was reprinted and edited repeatedly.
A treatise of Spousals, or Matrimonial Contracts was being written up to Swinburne's death in 1624, and was only published in 1686 when a draft was found in the library of Lincoln's Inn
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
. There is evidence that it was intended to be one of three volumes on the subject, although the other two were never started, even in draft form.