John Spelman (judge)
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Sir John Spelman (died 1546) was an English judge from
Norfolk Norfolk () is a ceremonial and non-metropolitan county in East Anglia in England. It borders Lincolnshire to the north-west, Cambridgeshire to the west and south-west, and Suffolk to the south. Its northern and eastern boundaries are the No ...
, noted for his composition of law reports.


Origins

Born about 1480, he was the fourth son and youngest child of Henry Spelman (died 1496), of Bekerton in Stow Bedon, a lawyer and judge who was a
Reader A reader is a person who reads. It may also refer to: Computing and technology * Adobe Reader (now Adobe Acrobat), a PDF reader * Bible Reader for Palm, a discontinued PDA application * A card reader, for extracting data from various forms of ...
of
Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and W ...
and
Recorder Recorder or The Recorder may refer to: Newspapers * ''Indianapolis Recorder'', a weekly newspaper * ''The Recorder'' (Massachusetts newspaper), a daily newspaper published in Greenfield, Massachusetts, US * ''The Recorder'' (Port Pirie), a news ...
of
Norwich Norwich () is a cathedral city and district of Norfolk, England, of which it is the county town. Norwich is by the River Wensum, about north-east of London, north of Ipswich and east of Peterborough. As the seat of the See of Norwich, with ...
, and his second wife Ela, widow of Thomas Shouldham (died 1472), of
Marham Marham is a village and civil parish in the English county of Norfolk, approximate away from King's Lynn. An RAF station, RAF Marham, is situated nearby at Upper Marham.Ordnance Survey (1999). ''OS Explorer Map 236 - King's Lynn, Downham M ...
, and daughter and coheiress of William Narborough, of Narborough. His Spelman ancestors originated in
Hampshire Hampshire (, ; abbreviated to Hants) is a ceremonial and non-metropolitan county in western South East England on the coast of the English Channel. Home to two major English cities on its south coast, Southampton and Portsmouth, Hampshire ...
, where before 1272 they held the manor of
Brockenhurst Brockenhurst is the largest village by population within the New Forest in Hampshire, England. The nearest city is Southampton some to the North East, while Bournemouth is also nearby, South West. Surrounding towns and villages include Beaul ...
, but by 1369 had moved to Norfolk where they had lands in and later acquired the manor of Bekerton.


Career

About 1500, he followed his father to study law at Gray's Inn, where he served as Reader three times, and in 1521 was created a serjeant, followed next year by gaining his father's old post of Recorder of Norwich. In 1526 he was promoted to King's Serjeant and in 1531 was appointed a
Justice of the King's Bench Justice of the King's Bench, or Justice of the Queen's Bench during the reign of a female monarch, was a puisne judicial position within the Court of King's Bench, under the Chief Justice. The King's Bench was a court of common law which modern ...
, being sworn in by the
Lord Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
, Sir
Thomas More Sir Thomas More (7 February 1478 – 6 July 1535), venerated in the Catholic Church as Saint Thomas More, was an English lawyer, judge, social philosopher, author, statesman, and noted Renaissance humanist. He also served Henry VIII as Lord ...
. Knighted in 1532, he went as a justice of
assize The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes e ...
on the
Northern Circuit {{Use dmy dates, date=November 2019 The Northern Circuit is a court circuit in England. It dates from 1176 when Henry II sent his judges on circuit to do justice in his name. The Circuit encompassed the whole of the North of England but in 1876 i ...
, changing to the Home Circuit in 1537. From 1540 he stopped going on circuit and sat at
Westminster Hall The Palace of Westminster serves as the meeting place for both the House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parliament, the Palace lies on the north bank ...
. in 1521 he bought from Sir
Edmund Knyvet Sir Edmund Knyvet (c. 1508 – 1 May 1551) was the eldest son of Sir Thomas Knyvet (c. 1485 – 1512), a distinguished courtier and sea captain, and Muriel Howard (died 1512), the daughter of Thomas Howard, 2nd Duke of Norfolk. Family Born ab ...
t and his wife Anne the portion of the manor of Bydon in Stow Bedon that he did not already own. After the death of his half-brother Thomas Shouldham, he obtained the estate of Narborough and built his family home of Narborough Hall, where his descendants lived until 1773. It contains a stone tablet with his coat of arms that he put up in 1528. In 1537 he was granted the manor of Gracys in Narborough, belonging to the suppressed
Pentney Priory Pentney Priory was an Augustinian priory at Pentney in the district of King's Lynn and West Norfolk, Norfolk, England. The ruins of the priory, mostly comprising the flint-built gatehouse, are Grade I listed. The Priory was founded c.1130 by ...
. He died in office on 26 January 1546 and was buried at Narborough, where his memorial brass can be seen.


Law reports

His fame comes from his compilation of law reports, starting not only with cases he attended in court but also with lectures and seminars held at Gray's Inn. From 1521 he mainly covered
common pleas A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
and after 1531 King's Bench cases. He also summarised practitioners' discussions on points of law and judges' conferences. Among significant processes he recorded were the proceedings against Cardinal Wolsey in 1530, the trials of Bishop
John Fisher John Fisher (c. 19 October 1469 – 22 June 1535) was an English Catholic bishop, cardinal, and theologian. Fisher was also an academic and Chancellor of the University of Cambridge. He was canonized by Pope Pius XI. Fisher was executed by o ...
and Sir Thomas More in 1535, the trial and execution of Queen
Anne Boleyn Anne Boleyn (; 1501 or 1507 – 19 May 1536) was Queen of England from 1533 to 1536, as the second wife of King Henry VIII. The circumstances of her marriage and of her execution by beheading for treason and other charges made her a key ...
in 1536, and Lord Dacre's case in 1541.


Family

He married Elizabeth, daughter and coheiress of Sir Henry Frowick (died 1527), of
South Mimms South Mimms is a village and civil parish in the Hertsmere district of Hertfordshire in the East of England. It is a small settlement located near to the junction of the M25 motorway with the A1(M) motorway and is perhaps more widely known because ...
, and niece of Sir Thomas Frowick, Chief Justice of the Common Pleas. Her mother was Sir Henry's first wife Anne, daughter and coheiress of Robert Knollys, of North Mimms, and his wife Elizabeth Troutbeck (died 1458). They had thirteen sons and seven daughters, the second son being :Henry Spelman (died 1581), who married first Anne, the widow of Thomas Thursby (d.1543) of Ashwicken, the son of Thomas Thursby (d.1510), Merchant, thrice Mayor of King's Lynn and the founder and benefactor of Thoresby College, daughter of Sir
Thomas Knyvett Sir Thomas Knyvett (also Knevitt or Knivet or Knevet), of Buckenham, Norfolk (c. 1485 – 10 August 1512) was a young English nobleman who was a close associate of King Henry VIII shortly after that monarch came to the throne. According to Hall ...
and his wife Muriel, widow of
John Grey, 2nd Viscount Lisle John Grey, 2nd Viscount Lisle (April 1480 – 9 September 1504) was a British peer of the Tudor period. Upon his death the title Viscount Lisle became extinct, but the Barony of Lisle passed to his unborn daughter Elizabeth, his only child ...
, and daughter of
Thomas Howard, 2nd Duke of Norfolk Thomas Howard, 2nd Duke of Norfolk (144321 May 1524), styled Earl of Surrey from 1483 to 1485 and again from 1489 to 1514, was an English nobleman, soldier and statesman who served four monarchs. He was the eldest son of John Howard, 1st Du ...
and
Elizabeth Tilney Elizabeth Tilney, Countess of Surrey (before 1445 – 4 April 1497) was an English heiress who became the first wife of Thomas Howard, 2nd Duke of Norfolk (when still Earl of Surrey). She served successively as a lady-in-waiting to two Queen ...
. Anne Knyvett was through her mother a first cousin of both Queens Anne Boleyn and Katherine Howard, and a half-sister of Elizabeth Grey, 3rd Viscountess Lisle and 5th Baroness Lisle (1505–1519), one time betrothed of Charles Brandon and the wife of Henry Courtenay. His second wife was Frances (died 1622), daughter of William Saunders, of
Ewell Ewell ( , ) is a suburban area with a village centre in the borough of Epsom and Ewell in Surrey, approximately south of central London and northeast of Epsom. In the 2011 Census, the settlement had a population of 34,872, a majority of wh ...
, and his second wife Joan. With Frances, his children included the antiquary Sir
Henry Spelman Sir Henry Spelman (c. 1562 – October 1641) was an English antiquary, noted for his detailed collections of medieval records, in particular of church councils. Life Spelman was born in Congham, Norfolk, the eldest son of Henry Spelman (d. 1581 ...
and Erasmus Spelman, whose son
Henry Henry may refer to: People *Henry (given name) * Henry (surname) * Henry Lau, Canadian singer and musician who performs under the mononym Henry Royalty * Portuguese royalty ** King-Cardinal Henry, King of Portugal ** Henry, Count of Portugal, ...
went to
Virginia Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
. The widowed Elizabeth married secondly John Coningsby, of North Mimms, son of the judge Sir
Humphrey Coningsby Humphrey Coningsby (born ca. 1623) was an English politician who sat in the House of Commons from 1641 to 1644. He supported the Royalist side in the English Civil War. Coningsby was the eldest son of Fitzwilliam Conningsby, of Hampton Court, ...
, and became the mother of Sir Henry Coningsby. After her second husband's death in 1547, she married William Dodd and died on 5 November 1556, being buried at North Mimms.


References

*Frederick Bernays Wiener, "New Light on Law in Henry VIII's Time" (1979) 65 ABA Journa
1340
et seq
JSTOR
{{DEFAULTSORT:Spelman, John 1480s births 1546 deaths People from King's Lynn and West Norfolk (district) Serjeants-at-law (England) 16th-century English judges Justices of the King's Bench English landowners Knights Bachelor