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Harley MS 738

Record Id:
040-002046567
Hierarchy Root Ancestor Record Id:
040-002046567
MDARK:
ark:/81055/vdc_100000000652.0x0000f4
LARK:
SLARK:
Format:
ISAD(G)
Reference (shelfmark):
Harley MS 738
Title:

Collection of legal and political tracts

Scope & Content:

Collection of miscellaneous early 17th century law tracts bound together.

f. 1* list of contents.

ff. 1-67: Reading on the Forest Charter by George Treherne or Treheyron, Reader of Lincoln’s Inn (d. 1528). Header: ‘A Redynge, & a Declaracion of the Auctoryties, Liberties, and Offyces of a forreste, made uppon a certayne Statute called Carta de forresta, by one Treherne’.

ff. 68-82: A Treatise of Bail and Mainprise, by Sir Edward Coke. Written at the request of Sir William Hayden.

ff. 83-132: An argument on the case of the Rectory of Winwick, Lancashire, Michaelmas Term 1618. That a lease of the Rectory made by James Stanley, Bishop of Man, in the 5th year of Elizabeth’s reign, reserving only £120 to his successors, was void; and that Josiah Horne was a good incumbent.

ff. 133-151: Part of a treatise on knights, esquires, gentlemen and yeomen.

ff. 152-168: A discourse of the first division of England into shires, with the origin of English courts of justice, the jurisdiction and immunity of the Archbishops and other clerics, by William Byrde of Grays Inn. Title page: ‘ A brieffe Discours off the first Devision of England as it is now generallye named into Shires: with the original, foundation, & first beginning of all the Courts of Justice in England, with the Jurisdiction & Immunityes of the Archbishops, and othe ecclesiasticall persons; with some other remarkable passages of State. Wrytten by William Byrde of Grayes Inne Esquyer’.

ff. 169-175: Judge Dodderidge’s first charge to the grand jury at the Kings Bench (ff. 169-172); and Judge Dodderidge’s charge to the grand jury at the Assizes (ff. 172-175).

ff. 176-182: Case argued between Woodley and Manwaring. Hilary Term, 18 Jac. I (i.e. 1620/1). Header: ‘A Case argued inter Woodley & Manwaringe. Hill. 18 Jac. In Com. Ba. Rot. 3072’.

ff. 183-188: Account of some of the proceedings at the trial and execution of Arthur Gohagan, an Irish Dominican friar. Header: ‘Arthur Gohagan by birth an Irish man a Friar of the order of St Dominick’.

ff. 189-192: The murder trial of Thomas Mounson. Header: ‘A Relation of the Manner of the Proceeding in King's Bench Upon the Pardon of Sir Thomas Mounson’. 12 February 1616.

ff. 193-196: Suit to Queen Elizabeth by Sir Walter Waller (probably erroneously for Sir Walter Raleigh) in the 36th year of her reign (i.e. 1593/4) concerning the establishment of an office for registering the names of all strangers.

ff. 197-198: Proofs that the Queen may by royal prerogative set up new officers and appoint their fees.

ff. 199-202: F.A.’s suit for the farm of the fines due to the Queen upon personal actions in the King’s Bench; objections and answers; F.A.’s suit to the Lord C[hancellor]; and form of a grant of the office to F.A.

ff. 203-267: Extracts from parliamentary records, transcribed in a single hand.

  • Precedents of Parliamentary Accusations (ff. 203-230).
  • Precedents of aid, subsidies and contributions, taken from Parliamentary records (ff. 231-247).
  • Extracts from Parliamentary records etc. relating to the Royal household (ff. 248-251).
  • Extracts from Parliamentary records etc. relating to navigation and the coast (ff. 252-258r).
  • Extracts from Parliamentary records etc. concerning the Kings council and counselors, and matters referred to them (ff. 258v-267).

ff. 268-279: 'Resolution of the Assize Judges on Questions Touching Parishes'. 1633.

ff. 280-294: First reading of Charles Calthrop, reader in Furnival’s Inn, on copyholds. Trinity term, Eliz. 16 (i.e. 1574).

ff. 295-311: 'Proceedings at the Justice Seat Held for the Forest of Dean' . Proceedings held at Gloucester Castle, 10 July 1634 before Henry, Earl of Holland, as delivered to the King by Sir John Finch.

ff. 312-321: Case argued between Woodley and Manwaring. The same law case as at ff. 176-182 preceding.

ff. 322-328: Arraignment of Mervin, Lord Audley, Earl of Castlehaven, 25 April 1631, before Thomas, Lord Coventry, Lord Keeper of the Great Seal and Lord High Steward for that day. Together with the effect of his speech at his execution, and confession of faith.

ff. 329-346: Extract from Henry Spelman’s History and Fate of Sacrilege. Includes the Curse of Sherborne (f. 345r).

Collection Area:
Western Manuscripts
Project / Collection:
Harley Collection
Hierarchy Tree:
[{ "id" : "040-002046567", "parent" : "#", "text" : "Harley MS 738: Collection of legal and political tracts" , "li_attr" : {"class": "orderable"} }]
Hierarchy Record Ids:
032-002045828
040-002046567
Is part of:
Harley MS 1-7661 : Harley Manuscripts

 

Harley MS 738 : Collection of legal and political tracts
Hierarchy:
032-002045828[0738]/040-002046567
Container:
View / search within Archive / Collection: Harley MS 1-7661
Record Type (Level):
File
Extent:
1 volume
Digitised Content:
Languages:
English
Scripts:
Latin
Start Date:
1600
End Date:
1640
Date Range:
Early 17th century
Era:
CE
Access:

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User Conditions:
Physical Characteristics:

Materials: Paper.

Dimensions: 330 x 235 mm.

Foliation: 1*, 1-346 folios.

Binding: British Museum binding.

Custodial History:

The Harley Collection, formed by Robert Harley (1661-1724), 1st earl of Oxford and Mortimer, politician, and Edward Harley (1689-1741), 2nd earl of Oxford and Mortimer, book collector and patron of the arts.

Edward Harley bequeathed the library to his widow, Henrietta Cavendish, née Holles (1694-1755) during her lifetime and thereafter to their daughter, Margaret Cavendish Bentinck (1715-1785), duchess of Portland; the manuscripts were sold by the Countess and the Duchess in 1753 to the nation for £10,000 (a fraction of their contemporary value) under the Act of Parliament that also established the British Museum; the Harley manuscripts form one of the foundation collections of the British Library.

Former owner: Edward Stillingfleet (1635-1688), Bishop of Worcester.

Finding Aids:

A Catalogue of the Harleian Manuscripts in the British Museum, 4 vols (London: Eyre and Strahan, 1808-12), I (1808), no. 738.

Cyril Ernest Wright, Fontes Harleiani: A Study of the Sources of the Harleian Collection of Manuscripts in the British Museum (London: British Museum, 1972), p. 316.

Publications:

Manuscript Pamphleteering in Early Stuart England (MPESE) https://mpese.ac.uk/m/BL_Harley_MS_738.html (Accessed 3 Feb 2023):

  • ff. 68r-82v 'A Treatise of Bail and Mainprise' by Sir Edward Coke.
  • ff. 189-192x: 'The True Relation of the Manner of the Proceeding in King's Bench Upon the Pardon of Sir Thomas Mounson'.
  • ff. 268r-277r: 'Resolution of the Assize Judges on Questions Touching Parishes'.
  • ff. 295r-311x: 'Proceedings at the Justice Seat Held for the Forest of Dean'.
  • ff. 322r-328r: 'Arraignment of Mervin, Lord Audley, Earl of Castlehaven'.
  • f. 345r: 'Curse of Sherborne'
Material Type:
Archives and Manuscripts
Legal Status:
Not Public Record(s)