Henry Swinburne (lawyer) facts for kids
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Henry Swinburne (born 1551, died 1624) was an English lawyer and writer who specialized in church law. He started his career as a clerk in a special church court. Later, he studied at the University of Oxford from 1576 to 1580, where he earned a law degree. After finishing his studies, he became a lawyer in York, focusing on cases related to the church.
Besides his work as a lawyer, Swinburne also held several important jobs managing legal affairs and judging cases. He passed away in 1624.
Swinburne is most famous for his two law books. His book called A briefe treatise of Testaments and last Wills was especially important. It became a standard guide for family law for 200 years after he died. Henry Swinburne was also the first person to write about church law in English, which made it easier for more people to understand.
Contents
Early Life and Schooling
Henry Swinburne was born in 1551 in the Micklegate area of York. His parents were Thomas Swinburne and Alison Dalynson. After attending Archbishop Holgate's School, he became a clerk (a kind of assistant) in the Consistory court in York. This was a special court that dealt with church matters.
He later became a notary public for the court, which meant he could legally witness documents. In 1576, he went to the University of Oxford, studying at Hart Hall. While there, he met and married Ellen Lant. He graduated from Broadgates Hall, Oxford in 1580 with a Bachelor of Civil Law degree. A few years later, he was allowed to practice law in the church courts in York.
His Career and Roles
Besides being a lawyer, Henry Swinburne also held many important positions as a judge and administrator. In 1593, he became the Auditor for the Peculier of the Dean of York. This was a special legal area under the Dean's authority.
In 1604, he became a commissioner for the York exchequer court, which handled financial cases. He also worked in the Court of High Commission from 1607 to 1622. By 1613, his first wife had passed away, and he married Margaret Wentworth. They had a son named Toby Swinburne in the same year.
His Famous Writings
Henry Swinburne is best known for his two important books on law. The first was A briefe treatise of Testaments and last Wills, which was first published in 1590. The second book, A treatise of Spousals, or Matrimonial Contracts, was published after he died in 1686. This book was based on a draft found in Lincoln's Inn. Swinburne was the first writer on church law to publish his books in English.
A Guide to Wills and Testaments
A briefe treatise of Testaments and last Wills was his most famous work. It became a standard textbook for family law for nearly 200 years, with many new editions published until 1803. The book was first printed in 1590 by John Windet, and Swinburne himself checked and edited it.
Swinburne wrote this book to fix a problem with the old church law system. There were so many hundreds of books on different parts of church law that it was very hard to read them all and get a clear understanding of any specific area. Swinburne wanted to solve this by writing one clear book on family law that could replace all those other texts. He wrote the book in English so that more people could read and understand it. This made it the first church law book written in this way.
The book was praised for being "a model of clarity and scientific technique." It was organized very well, which was different from other law books of the time. It summarized a lot of church law judgments that were previously only in Latin. This book became a very important guide in law. After the copyright was bought by the Company of Stationers in 1607, it was reprinted and updated many times.
A Book on Marriage Contracts
A treatise of Spousals, or Matrimonial Contracts was still being written when Swinburne died in 1624. It was only published in 1686 after a draft was found in the library of Lincoln's Inn. There is some evidence that he planned for this to be one of three books on the topic of marriage, but the other two parts were never started, even as drafts.
