Page:Dictionary of National Biography volume 20.djvu/348

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Fynes-Clinton
342
Fyneux

diately behind the pulpit. The epitaph on his flat tombstone is the main authority for the dates of his biography. After his death there was a rupture in his congregation, which lasted for twenty years.

He published: 1. ‘Animadversions upon Sir Henry Vane's … The Retired Man's Meditations,’ &c., 1656, 12mo. 2. ‘A Manual of Practical Divinity,’ &c., 1658, 8vo. 3. ‘A Treatise of the Conversion of Sinners,’ &c., 1680, 8vo. 4. ‘An Answer to Mr. Thomas Grantham's … Dialogue between the Baptist and the Presbyterian,’ &c., 1691, 8vo. 5. ‘A Funeral Sermon for … John Collinges, D.D.,’ &c., 1695, 4to.

[Calamy's Account, 1713, p. 448; Continuation, 1727, ii. 601; Palmer's Nonconf. Memorial, 1802, ii. 434 (a note by J. O., i.e. Job Orton, erroneously connects him with Peter, son of Henry Finch (1633–1704) [q. v.]); Browne's Hist. Congr. Norf. and Suff. 1877, pp. 260, 265 sq., 557 sq.; Fynch's Answer to Grantham.]

A. G.


FYNES-CLINTON. [See Clinton.]


FYNEUX or FINEUX, Sir JOHN (1441?–1526), judge, was the son of William Fyneux of Swingfield, Kent, his mother's name being Monyngs. The family of Fyneux or Fineux (sometimes also written Finiox or Fineaux) was of great antiquity in Kent. The judge is said by Fuller, on the authority of one of his descendants, a certain Thomas Fyneux, to have begun the study of law at the age of twenty-eight, to have practised at the bar for twenty-eight years, and to have sat on the bench for the same period. As he died not earlier than 1526, he must, if Fuller's statements are correct, have been born about 1441. He was a member of Gray's Inn and a reader there, though the dates of his admission, call, and reading are alike uncertain (Douthwaite, Gray's Inn, p. 46). He was appointed in 1474 one of the commissioners For administering the marsh lands lying between Tenterden and Lydd, and in 1476 seneschal of the manors of the prior and chapter of Christ Church, Canterbury. This is probably the origin of David Lloyd's statement that he 'was steward of 129 manors at once' (Christ Church Letters, Camden Soc. p. 95). On 20 Nov. 1485 he was called to the degree of serjeant-at-law, his motto for the occasion being 'Quisque suæ fortunæ faber.' This is the earliest recorded instance of a motto being assumed by a serjeant on occasion of his call. In 1486 he was sworn of the council. On 18 May 1488 he was appointed steward of Dover Castle, on 10 May 1489 he received a commission of justice of assize for Norfolk, and on 14 Aug. following he was appointed king's serjeant (Dugdale, Chron. Ser. p. 75; Polydore Vergil, xxvi. ad init.; Materials . . . Hen. VII, Rolls Ser. ii. 311, 448, 475). Lloyd says that he opposed the subsidy of a tithe of rents and goods demanded for the expenses of the war in Brittany. This must have been in 1488–9 (Rot. Parl. vi. 421; Bacon, Literary Works, ed. Spedding, i. 88). On 11 Feb. 1493–4 he was raised to the bench as a puisne judge of the common pleas, whence on 24 Nov. 1495 he was transferred to the chief-justiceship of the king's bench. He was one of the triers of petitions in the parliament of 1496, and the same year was joined with the Archbishops of Canterbury and York and certain other peers as feoffee of certain manors in Staffordshire, Berkshire, Wiltshire, Kent, and Leicestershire to the use of the king. He was one of the executors of the will of Cardinal Morton, who died in 1500. In 1503 he was again a trier of petitions in parliament, and was enfeoffed of certain other manors to the uses of the king's will. In the act of parliament declaring the feoffment he is for the first time designated 'knight.' In 1509 he was appointed one of the executors of the king's will (Dugdale, Chron. Ser. p. 74 ; Rot. Parl. vi. 509 b, 510, 521 a, 538 b; Nicolas, Testamenta Vetusta, p. 35). He was also a trier of petitions in the parliament of 1515. In 1512 an act had been passed depriving all murderers and felons not in holy orders of benefit of clergy. This act, though its duration was limited to a single year, was vehemently denounced by Richard Kidderminster, abbot of Winchcombe, in a sermon preached at Paul's Cross in 1505, as altogether contrary to the law of God and the liberties of the church. The defence of the act was undertaken by Standish, warden of the Friars Minors. The general question of the amenability of the clergy to the temporal courts was thus raised and hotly debated, the controversy being further exasperated by a murder committed by the direction of the Bishop of London on one Hunne, who had rendered himself obnoxious to the clergy. The ferment of the public mind being general and extreme, the judges and the council were assembled by order of the king first at Blackfriars and subsequently at Baynard Castle, for a solemn conference upon the entire question. On the latter occasion a very dramatic incident occurred in which Fyneux played a principal part. Towards the close of the debate the Archbishop of Canterbury cited the authority of 'divers holy fathers' against the pretensions of the temporal courts to try clerical offenders; to which Fyneux replied that 'the arraignment of clerks had been maintained by divers holy kings, and sundry good