bucusque impensis quem pro Nobis tenere poterit in futurum in nostris Consilijs Parliamentis necnon pro nobili fideli genere vnde descendit ac pro suis Magnificis sensu circumspectione ipsum Iohannem in vnum parium ac Baronum Regni nostri Angliae praefecimus volentes quod idem Iohannes haeredes masculi de Corpore suo exeuntes statum Baronis obtineant ac Domini de Beauchamp Barones de Kiderminster nuncupentur In cuius c. T. Rege apud Wodestock 10. Octobris The Law hath been since taken that Baron or not Baron as Duke or Not Duke and so of the other created Titles by Record is triable only by Record and not by the Country Whereas anciently when their Reuenue and possessions gaue the Name or made them Barons it might bee triable by the Countrie Yet in ancient time after Hen. III. the Tenure n 22. Ed. 3. fol. 18. a. 24. Ed. 3. fol. 66. a. 48. Ed. 3. fol. 30. b. vbi Baro Parlamentarius per partem solummodo Baroniae tenet consulas Stat. West 2 cap. 46. per Baroniam was in Parlamentarie Barons specially respected and perhaps till the forme of Creation by Patent came in vse none were or few called to Parlament but such as held per Baroniam or as Briton calls it en Baronie which after that of Hen. III. very likely is to bee alwayes taken for Baronia Capitalis and immediat of the King Neither was it likely that he would sommon any but his own the Kings Barons as at this day all the Parlamentarie are When they are at first summond or created their denominating Territorie is alwaies some Lordship or Mannor which sufficiently tasts of their ancient being And those two courses only of making them are at this day in vse which notwithstanding is to be vnderstood of Lay Barons or Lords Temporall For the Lords or Barons Spirituall haue not now this Honor so much personall as feudall and by reason of their Temporalties being Baronies They had not saith Stanford a most learned Iudge of the Common law their names ratione Nobilitatis sed ratione Officij and indeed ratione Baroniarum quas de Rege tenent So that in them Baro Baronia meerly as it was in most ancient time taken concurre as Coniugata which in Lay men before that Constitution of Henry III. had like beeing These Spirituall Lords now are only Bishops Heretofore there were of them both Abbots and Priors but all Bishops were euer Parlamentarie Barons not all Abbots and Priors To some only was that allowd and mongst them the Prior of S. Iohns of Ierusalem was Primus o Camdenus Baro Angliae and Froissart calls him Le grand Priour d'Angle-terre du Temple But in the Rolls somtime are many of them summond which elswhere are as often omitted And in that of XLIX Hen. III. are IXV. Abbots XXXV Priors and the Master of the Temple Of those Ecclesiasticall Fees being Baronies thus Matthew Paris speaking of William I. Episcopatus quoque saith he Abbatias omnes quae Baronias tenebant eatenus ab omni seruitute seculari libertatem habuerant sub seruitute statuit Militari irrotulans singulos Episcopatus Abbatias pro voluntate sua quot milites sibi successoribus suis hostilitatis tempore voluit à sirgulis exhiberi Et Rotulas huius Ecclesiasticae seruitutis ponens in thesauris multos viros Ecclesiasticos huic Constitutioni pessimae reluctantes regno fugauit But in their sommons the Lay Barons are neuer saluted Barons but by the French word Cheualier so exprest in the Writ being in Latin Only in ancient times where the Catalogues of them are in the Rolls two occurre somtimes with the addition of Baro that is Baro de Stafford and Baro de Greistok Neither haue they in their Creation except their Robes any more ceremonie then a Charter giuen expressing some place denominating them Of their Banner more where we speak of Bannerets We vsually stile them Lords as the Dutch their Heeren or Freeheeren But that name with vs is but of curtesie For it includes not of necessitie Baron nor is any distinct Dignitie as appears by a case where the Writ was p Ita n. à Iurisperitiss intelligitur Casus ille 8. Hen. 6. fol. 10. v. Cas. Comitiss Rutland Relat. part 6. Praecipe Iohanni Louell Militi and the exception to it was that Iohn Louell Knight was a Lord Seigniour not named so but disallowed Whereas the law had gone plainly otherwise if it had bin that he was a Baron of Parlament not named so and the party had withal shewd to the Court a Writ signifying the same Yet Seigniour is only vsd for a Baron in our q 22. Ed. 4. cap. 1. D'Apparaile Statuts and the word Dominus is that which the law vses in expressing a Baron when he is either Plaintife or Defendant as Henricus Barkeley Miles Dominus Barkeley and versus Georgium Zouch Dominum Zouch Saintmaure Cantelupe which occurre in Plowden So that the name of Honor giuen to a Baron in legall proceedings is alwaies but Dominus with addition of the denominating place But when the priuiledge of beeing a Baron is challenged or exception for not naming the partie so testimony of Record must be produced that he is Baro Regni and that hee hath vocem locum in Parlamento as the books are Which Difference for the name of Lord is obseruable and to bee vnderstood r 48. Assiss pl. vlt. 48. Ed. 3. fol. 30. b. 35. Hen. 6. fol. 46. a. chiefly of Temporall Barons But also both that of Lord and Baron is at this day by vsuall application of language attributed with vs to some which are neyther by law as especially since the vse of making euerie Earle first a Baron of some place which began as most worthy Clarenceulx teaches about Hen. VIII it hath been a custome to stile their heires apparant Lords and Barons with the title of their Fathers Baronie so of Viscounts their heires apparant But this is only a peece of Courtship and meer fashion Yet allowd in Heraldrie wherein Tiptosts rule he was Earle of Worcester and High Constable of England vnder Hen. VI. is that the eldest sonne of euery one of a created degree is as of the next degree vnder him which may be applied to Dukes Marquisses and the rest But in legall proceedings they enioy no such matter nor haue by their being heirs apparant any prerogatiue of the Greater Nobilitie The same is to bee affirmd of a Dukes sonne and heire whom custom titles by his fathers Earldome as the example was in s 38. Hen. 8. lit Treason 2. Henry calld Earle of Surrey and sonne to the Duke of Norfolk vnder Henry VIII beeing attainted of Treason by a common Iurie and not by Peers or Barons because he was in law as one of the meaner or lesse Nobilitie In Scotland before t
a truth no more then Eugubin's translation of it into Greek for it was extant only in Latine till that imposture to bee legitimat But Iohn of Sarisbury goes on Annulum quoque per me transmisit aureum smaragdo optimo decoratum quo fieret inuestitura iuris ingerenda h Locus deprauatus forte l. ingrediendae Hberniae Hibernia Idémque adhuc Annulus in i l. Curiali curali archio publico custodiri missus est All this was about II. Hen. II. But nothing was executed Som yeers after Dermut Mac Morrogh K. of Lemster beeing distrest by the K. of Connacht and Orereck M. C. LV. K. of Meth whose wife he had but not against hir will dishonord requested aid of the English and had it and was chiefly restord by the valour of R. Strongbow Earle of Penbroke The Earles Greatnes in litle time within the Isle grew suspicious to K. Henry To auoid that he acknowledged the Dominion of his Conquest in the King who som XVII yeers after the Popes Bull entred the Isle with an armie subdued good part of it and had homage of those petit Princes which retained as afore so after this acknowledgment the name of Kings Yet they were not Ordinati solennitate alicuius Ordinis as the k Apud D. Io. Dauies Regiū apud Hibernos Procuratorem Black book of Christ-Church in Dublin speaks nec Vnctionis sacramento nec Iure haereditario vel aliquâ proprietatis successione sed vi armis quilibet regnum suum obtinuit This K. Henry it seems following the syllables of the Bull and his successors hence titled themselues Lords of Ireland in their stile putting it before Duke of Guienne And in the Annals of Ireland you read Ioannes filius Regis Dominus Hiberniae de Dono patris venit in Hiberniam anno aetatis suae duodecimo which was the XIII yeer from the first entrance of Hen. II. and in l Ex Synod 1. 2. Cassiliens Armach ap Camd. De Pauonum pennis in texendis Coronis Consulas Paschal de Coron lib. 10. c. 13. confirmation of his title Pope Vrban III. sent him a crown of Peacocks feathers As likewise Hen. III. made Prince m Pat. 52. Hen. 3. memb 9. Edward afterward Ed. I. Lord of Ireland How King Iohn had obedience of most of the Princes there and establisht English Laws Officers and such more notes of supreme Maiestie Matthew Paris may best instruct you Plainly although some succeeding Princes wrote themselues but only Lords of Ireland yet their Dominion was meerly Royall They had their Iustices or Custodes or Lord Lieutenants or Deputies as at this day they are called of Ireland which were as Viceroy's by Patent with most large Power delegat in the very rights royall then whom no Lieutenants in Christendome as our most iudicious Antiquary obserues comes neerer Kinglike State And. Richard II. being himself but in Title Dominus yet created n Pat. 9. Rich. 2 Robert of Vere being then Earle of Oxford Duke of Ireland with Commission to execnte most inseparable prerogatiues royall Which had been ridiculous if in substance hee had not been as a most perfect King of it But in later time vnder Henry VIII in a o Stat. Hibern 33. Hen. 8. cap. 1 Parliament held at Dublin Sir Anthony Senitleger then Lord Deputie Forasmuch as the King our most gracious dread Soueraign Lord and his Graces most noble progenitors Kings of England haue been Lords of this land of Ireland hauing all manner Kingly Iurisdiction Power Preheminences and authoritie Royall belonging or appertaining to the Royall estate of maiestie of a King By the name of LORD OF IRELAND where the Kings maiestie and his most noble Progenitors iustly and rightfully were and of right oft to bee Kings of Ireland and so to be reputed taken named called it being further added that through want of vse of the iust title and name diuers attempts of disobedience had been in the Irishry it was enacted that the Kings Highnesse his heirs und successors haue the name stile title and honor of King of this land of Ireland with all manner honors preheminences prerogatiues dignities and other things whatsoeuer they bee to the Maiesty and State of a King Imperiall appertaining or belonging And that his Maiesty bee from henceforth his heires and successors named called accepted reputed and taken to bee Kings of this land of Ireland to haue hold and enioy the said stile title maiestie and honors of K. of Ireland with all manner preheminences prerogatiue dignities and all the premisses vnto the Kings highnesse his heirs and successors for euer as vnited and knit to the Imperiall Crowne of the Realme of England Thus much Pope Paul IV. afterward confirmd to K. Philip and Mary with de Potestatis plenitudine Apostolica autoritate Regnum Hiberniae perpetuò erigimus And in the stile of their Parliaments it was henceforth calld Regnum or Realm being before only Terra Hiherniae Of which enough In origination of our English name Lord whereby we and the Scots stile all such as are of the Greater Nobilitie i. Barons as also Bishops it s not easie to satisfie you In our ancient Saxon it was writen hlaforde and was a relatiue to þeow and ðeow man i. a Seruant or Bondslaue and Tenant not any Title or Dignitie To talk of Allodium or Allodius to this purpose as some do is more then idle It would be neerer our present pronunciation if you drew it from Lars or Lartes for so also is the first case vsed by p Lartes Tolumnius Philippic 9. Cicero an old Tuscan word signifying Prince or such like as a q Ios. Scalig. ad Propert. 4. great man deliuers by coniecture whence you haue Lartem Porsenam and Lartem Tolumnium in Liuy Plutarch and Halicarnasseus and Aremoricus Lars in Ausonius But Lar Lartis saith an old r Tit. Prob. Epit. de Nom. Rat. Roman praenomen est sumptum à Laribus Tuscum autem creditum est praenomen esse It were not much stranger at first sight to suppose this Lar or Lartes to be hether transferd then that Lar should yet remain as I haue seen somwhere noted a word for a chief house about Bayeux in France And many worse etymolegies make their authors proud of them But I know you cannot but laugh at this and I will so with you touching it only as ther is such communitie of name twixt it and our present idiom or rater twixt the Scottish Lairds a degree next beneath Knights among them It was afterward pronounced Lauerd and Louerd as you shall see among other testimonies in this beeing a metricall translation of the first Psalme transcribd out of the whole Psalter so turnd and fairly writen about Edward II. his time as the Character perswades which I haue Some wicked hand by cutting the first Capitall left it thus In Bibliothecâ Bodleianâ Oxonij exemplar Psalmorū huic nostro per
40. Common law grown verie diuers from what the words are And the amerciament for the in misericordia of an Earle Baron and Bishop is fiue pound in certain and the books giue the reason where that amerciament occurres because they are Peers of the Realm And since Dukes haue been here theirs is accounted x 19. Ed. a sol 9. v. 38. Ed. 3. fol 31. a. 21. Ed. 4. fol. 77. Br. tit Amerciament 47. ten pounds But for the Paritie of those which should amerce the 〈…〉 seems that euen when the Grand Charter was granted the Barons of the Exchequer and the Kings lustices were held for their sufficient Pares Out of Bracton is my Testimonie Comites verò vel Barones saith hee non sunt amerciandi nisi per Pares suos secundum modum delicti hoc per Barones Scaccarij vel coram ipse Rege Therefore in a Writ of Right brought against Henry Earle of Northumberland y 1. Hen. 6. sol 7. a. vnder Henrie VI. where vpon Battell ioynd and default iudgment finall was to be giuen against the Earl with the in Misericordia the addition in the expressing of it on the Bench saies Mes in tant que le Counte est vn Peer de Realm il sera amercie par ces peers solonque lestatute pur ceo Nous mittons amerciament en certain And although in this point of Amerciament a Bishop be in the smae degree with a lay Baron yet for triall z Temp. Hen. 8. tit Triall 142. de Episcopo Rosfensi by his Peers in capitall crimes he is otherwise because that is personall and his being a Baron is ratione Officij Tenurae not of personall Nobilitie Yet also in cases touching his estate as in Reall actions or personall which may touch his Realtie hee hath the prerogatiue of a lay Baron as not to haue the Iurie returnd vpon a a 13. Ed. 3. Chalenge 115. Enquest 43. 8. Eliz. Dy. fol. 246. vide Plowd Com. 1. c. Newdigat 14. 15. â—lizab Dy. fol. 318. a. Uenire facias without a Knight in it which for both lay and spirituall Barons is allowd for a good challenge to the Array as a priuiledge of Nobilitie The reason of that double Parity in England that is that all Barons and Dignities aboue them are Peers of the Realm and all other vnder them are Peers also mongst themselues I imagined to proceed from the Feudall Customes of Pares Curtis Domus or Palatij For as all Tenants eyther Knights Squires or Yeomen Freemen to the King or Subiect are in regard of their Lords Court and their own like Tenancies Peers known by that name of Pares Curtis in the Feudalls so Barons Earles Dukes and the like being with vs in England Tenants in regard of their Baronies Earldomes and Dukedomes only except those ancient possessors of XIII Knights Fees and a third part which were so Pares Baronum also to the King or rather to the Crown had among themselues a speciall and distinct Parity by reason of their Lords sole Maiestie and might not amisse bee stiled Pares Regij or Coronae because the very names of their Dignities supposd their Tenures of greater note and of the Crown necessarily and immediatly Whereas the other inferior Dignities as they had to do with Tenures or expresse Offices were farre more common as they had regard to subiects Although in this difference a sufficient exactnes of reason be not yet I suspect that a better is hardly found The Pairs and Pairries of France or their Douze pairs are of another kind and as by a speciall honor of State so calld Of them were anciently VI. lay and as many ecclesiastique The lay were the Dukes of Guienne of Burgundie and Normandie the Earles of Tholouze Flanders and Champagne The ecclesiastique the Archbishop of Rheims in regard of his prerogatiue of annointing the King chief of them all the Bishops of Laon Langres in reputation Dukes also the Bishops of Beaunais Chalons and Noyon Earles Of these the Earldom of Flanders being now in another Dominion and the other fiue lay Dignities vnited to the Crown of France the Ecclesiastique only remain But so that the pleasure of the State hath since reordained diuers other Pairries as they call them Bretagne Du Haillan liure 3. Du Tillet Plusours Burbon Aniou Berry Orleans and others Their Dignitie claimed precedence of what other Princes of the bloud soeuer and it s reported that at the Coronation of Charles VI. Philip the first of that name Duke of Burgundie had place of his elder brother Lewes Duke of Aniou vpon this reason But at the Coronation of Francis II. the Q. Dowager Catharine disliking that any of the later instituted Peers those ancient Cl. Fauchet de Dig. lib. 2. being now extinct should haue preeminence of the Kings children so ordered that her other sonnes all clothed in the habit of Peers should go immediatly after the King The first creation of them by the common opinion is referd to Charles le magne and some neater iudgments dare follow it But it s not likely that they were instituted vntill the Dignities of Duke and Earle grew Hereditarie which was not till after Charlemagne Much lesse should iudgment referre them to our British Arthur a time more then M. yeers since as some do perswaded by a tradition in our British storie which the great Lawier Hotoman also assents to Indeed in Geffrey of Monmouth they are spoken of by the name of XII Consules in the life of Arthur and Robert of Glocester in Arthur calls them the b Douze Pairs Dosseperes of France Another and a reformd opinion is that about M. C. LXXX They were instituted by Lewes VII which I could haue soon credited had I not seen that the British storie turnd into Latine iust about Lewes VII his age by that Geffrey of Monmouth as also c Hotoman Francogall cap. 14. Gaguin Chron. 4. cap. 1. Geruase of Tilburie in his Otia Imperialia dedicated to the Emperor Otho IV. euen next that very time had mencioned the XII Peers generally with reference of them to Arthur Which it seems they would neuer haue don although their professions had been meer Poeticall fiction had the name been in their present ages newly instituted And many think and not without good reason that the British storie was although of no great credit yet ancient before the translation Others d De Villiers ad Fulberti Ep. 96. referre them to K. Robert or Rupert He raignd twixt M. and M. XXX I will beleeu that about him they might haue their originall because before him no such testimonie as is sufficiently credible instructs vs of them and the number But I will rather here play the meer Sceptique Yet that before this Lewes France had its Cour de Pairs or Conuentus Parium which after the institution of the Douze pairs kept the name is plaine by Fulbert Bishop
time professe or read it But when Lothar took Amalfi hee there found an old Copie of the Pandects or Digests which hee gaue as a precious Monument to the Pisans hence it was called h U. Ang. Politian lib. 10. Epist. Marquard Breisacio Litera Pisana from whom it hath been since in M. CD XC VI. translated to Florence where in the Dukes Palace it is almost with Religion preserued and neuer brought forth but with Torches Light and other Reuerence Vnder this Emperor Lothar began the Law to be profest at Bologna where i Odofredus apud Sigonium de Regno Italiae lib. 11. et 7. Irner or Werner as Conrad à Lichtenaw calls him first made Glosses on it about the beginning of Fr. Barbarossa in M. C. L. and by the fauor of this Lothar was Bologna vpon the aduise of Irner it seems constituted to bee k Verba Lotharij ap P. Merul. Cosmog part 2. lib. 4. cap. 33. Legum Iuris Schola vna sola And here was the first Time and Place of that Profession in the Western Empire But Iustinian expressely ordaind that none should teach the Ciuill Lawes except l Constit. de Iuris docendi rat §. Haec autem only in Constantinople Rome and Berytus which although Bartol interprets as of necessitie he was driuen to maintain his Profession with Nisi tempore ius Academiae sit quaesitum yet why then was Bologna no place for the Laws vnder Iustinian for they pretend there to haue been as an Vniuersitie from the Grant of Theodosius the yonger in CD XXIII Plainly vnder Iustinian who euer had taught out of one of those three Cities was Denarum librarum * About thirtie pounds of our monie auri poena plectendus and to be banisht out of the Citie where hee durst so professe Neither would the matter of being a Vniuersitie haue helpt it But before Lothar the Gouernment was by the Salique m Sigon de Reg. Ital. 4. et 8. sub A. 1007. Lombardian and Roman Laws the Roman beeing some piece of what had been vsd in Rome euerie one liuing according to either of them as hee would make choise About the same time also the two Bastard brothers by whose worth and of the third Peter Comestor their Mother thought shee should bee sau'd neither would repent but trusted to hir merit in bearing three so famous Gratian a Monk in Bologna and Peter Lombard at Paris one made the Decree the first Volume autorised for Can on Law by Pope Eugenius III and the other the Sentences Such as since haue writen on the Digests 〈◊〉 Code vntill the cleerer light of Learning began mongst our Fathers talk for the most part like Rablais his Bridoye Some most honord of later time that vnderstood their Text and studied the Laws as well because they would curiously know as bee meerely * Continuall Practisers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 haue with iudgment instructed in part of this Purpose The Margine confesses without blushing their and all other mens helps If either Enuie or Ignorance question how I bred from the bottome of Obscuritie and so farre from Court-Custome should dare at these Honors let it know I learn'd long since from a Great Clerk that Robert Bishop of Lincoln vnder Henrie III That there was in Libraries greater aid to the true vnderstanding of Honor and Nobilitie then mongst Gold and Purple outsides Hee beeing demanded by the King Vbi n Io. de Aton in Constit. Othoboni tit de Bonis Intestat verb. Baronum Moraturam didicit quâ Filios Nobilium Procerum Regni quos secum habuerat Domicellos instruxerat cum non de Nobili prosapia sed de simplicibus traxisset originem fertur intrepidè respondisse that hee was taught it in the Courts of greater Princes then the K. of England meaning of those Ancients whose Courts were represented in his Volumes of Storie In Coniectures I durst not bee too bold Where but meer fancie can direct it were ridiculous to regard them but when they seem to offer themselues they deserue the choise of Iudgment That Religious abstinence of the old Iews who referd all such Dignos vindice Nodos as were too difficult for their humanitie to Elias his resolution were good to be proportionably more obseru'd in all Learning especially by those which are and too manie are so vnfortunat in their ghesses that on the apparantly worst of diuers they often insist Malicious Censure I regard not Ingenuous I honor Reader Farewell The summe and first Pages of the Chapters The chiefe Matter only of them the particulars being in the Contents before euery Chapter Of the first Part. CHAP. I. THe beginning of a Monarchie the first King pag. 1 CHAP. II. Difference of King and Emperor and much of them the great Duke or Emperor of Muscouy or Russia pag. 18. CHAP. III. Lord. Lord of Ireland Shah and the like pag. 46. CHAP. IV. Caesar Augustus Pharaoh Most Christian King Catholike King Defender of the Faith and such like pag. 68. CHAP. V. Prester Iohn Cham or Chan. Chaliph Amir Almumenin Of the Alcoran Persian Sophi Schach Xa Saa and the like pa. 85. CHAP. VI. Particular formes of Speaking to or by great Persons Maiesty Speaking in the Abstract or Concret Worship and 〈◊〉 pag. 114 CHAP. VII Annointing of Kings Crowns A disputation against receiued opinion of Crowns Tulipant Crowns of seuerall Princer Scepters Globe and Crosse. Croissant of the Mahumedans pag. 128. Of the second Part. CHAP. 1. PRinces apparant successors Caesar. Rex Romanorum Despot Daulphin Monsieur Etheling Clyto Prince of Wales Pr. of Scotland Infanta Prince of Astura pag. 168. CHAP. II. Dukes Of them Counts and Marquesses as the names were anciently confounded Archduke Coniecture whence the seuerall formes of Crowns for subiect Princes came into these Western parts Dukes in seuerall Nations pag. 182. CHAP. III. Marquesses in seuerall States pag. 209. CHAP. IV. Counts and Earles Graffes pag. 219. CHAP. V. Counts Palatin the speciall beginnings of euery of ours in England pag. 241. CHAP. VI. Viscounts and Vidames pag. 250 CHAP. VII Barons the Notation of the word and its seuerall Notions Thanes Vauasours and diuers like p. 258 CHAP. VIII The beginning of Feuds Of the old Saxon Tenures somewhat pag. 293. CHAP. IX Knights and ancient and later formes of Knighting A Knights Fee and Furniture Ius sigilli Aureorum Annulorum Seales Aides Miles Degrading a Knight pag. 305. CHAP. X. Esquyer Armiger Peeres pag. 340. CHAP. XI Bannerets Baronets Knights of the Bath Of the Collar or the particular Orders of Knighthood with their beginnings and chiefe particulars pag. 352. CHAP. XII Turkish Dignities some of Tartarie Clarissimus Spectabilis Illustris Superillustris Patricij pa. 376. Reader At the end are some Additions which I would haue you read with the context The Pages there noted and the Lines will direct you pag. 387. Then follow I. The Faults of the Print corrected and by them
II chap. I. the Bishop of Rennes with a Crown d' or a haults fleurons d'un Esgale hauteur qui estla Corone Royall For indeed the Royall Habiliments remaind there to the Dukes But those ancient Dukedoms or Counties being too great in Soueraintie for a subiects hand haue by litle and litle been reunited to the Crown as Champagne Brie Bretagne Normandie and the rest like not without much desire and policie of the succeeding French Kings Neither would they euer make any new inuestitures with those ancient Royalties Neither is there one of those so Kingly Dignities yet vnder the French Empire which hath not been drownd in the Crown either by marriage Treason committed or some such cause But they haue created a new Forme both by giuing Appenages to the yonger sonnes as also Dukedoms and Counties to others reseruing alwaies ressort souueraintee as they call it that is their Royalties for receiuing appeals and supremacie of seigneurie and withall in the Appenages the reuersion to themselues in default of heires masles which by an Ordinance of Charles the ninth was extended to all other Dukedoms and Counties in future time to be erected Wherfore the Dukes and Counts at this present and of this later creation in France haue no other marke ot participation of Souuerainty but only in that they beare as L'Oyseau saith la Corone au tymbre de leurs armoiries And are not Seigneurs Souuerains but Suzerains Neither haue they now the Crown as a part of their habit but a formalitie only on their Armorie Ils ne portent pas en teste à present qu'ils ne sont plus que simples seigneurs suzerains ne leur estant aussi plus concedée a present en leur inuestiture partant ils ne l'ont plus qu'en peinture au tymbre de leurs armoiries si ce n'est qu' ils soient Princes Souuerains auquel cas ils la pourroient porter en teste But whereas hee vpon a passage in Uillhehardouin thinks that the Crowns of the first kind of Dukes were not very ancient I rather ghesse them to be at least as ancient as neer som c. yeers from the beginning of the third line For about that time in the Constantinopolitan Empire vnder Alexius Comnenus when the new titles of Sebastocrator and the like were inuented he honord both the Sebastocrator who was then at first apparant successor with a Crown as also the Caesar being the next title to the Sebastocrator 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith his a Anna Comnen Alexiad 3. Daughter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. In a publique Session hee commanded that they should be crowned both the Sebastocrator and the Caesar with Crowns differing much in worth from that which he himself was crownd withall The Sebastocrator's perhaps was then as the Despot's afterward Of that in the first chapter of this book And the Caesar's as the Sebastocrator's in later time Obserue but the succession of one of these titles into anothers place whereof already and you may agree to the Coniecture The Sebastocrators appears in the Emperor b Curopalat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cantacuzen's inuesting his wiues brothers Manuel and Iohn with that Dignity and giuing them Crowns 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as my autor saies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. hauing before only one Arch. And it will not be absurd to think that in imitation of those Eastern Princes the custom of bearing Crowns by such as were inuested in so great Honors came into these Eastern parts What communitie then was twixt the Eastern Western States euery man knows that hath read the Holy warres of that age Som of the French deriue their word Appenage from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 expressing in the Eastern Sacred Du Haillan liure 3. Empire the sacred habitude twixt the Soueraigne and Suzâ—raine Why might not imitation of their habits bee as well as of their language It s more anciciently noted of Charles the d Annal. Incert Aut. sub A. 876. Edit a Pithoeo Bald K. of France that he too much imitated the Constantinopolitan Emperor and how that age about Alexius his time generally affected Helleâ—â—sine and such words of Greek as they could get them is apparant in the Monkish stories then writen in ancient Charters and other examples infinit And afterward in the Charter of the Black Prince his creation into Duke of Cornwall vnder Our Edward III a meer Greek word is inserted by the characters of intimos misprinted in the Princes case Rointimos which is plainly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. honorificè or such like and could not but ridiculously bee vsd now for Latine Neither can their Crowns anciently bee so much imputed to their then possest Souerainty For then why did our e Coronâ cinctus 1. de Eltham Comes Cornâ—bâ—ae F. Edvv. II. VVestmonasterij Sepultus Earles before any Dukes made in England weare any such Crowns and meerly such as are now Ducal They were not Soueraigns more then their posterity at this day Or why had both our Dukes Marquesses and Earls afterward Crowns to their Creation and as ornaments fiâ—ting their heads not imaginarie only or formaâ—l vpon their Armories But for an example of the ceremonie belonging to those ancient Dukes in France take this of our King Iohn Duke of Normandie Accinctus est as Roger of Houedens words are gladio Ducatus Normanniae in matrici ecclesia he means at Rouen per manum Walteri Rothomagnesis Archiepiscopi praedictus Archiepiscopus posuit in Capite Ducis Circulum aureum habentem in summitate per circuitum Rosas aureas which Matthew Paris and the Annals of Ireland call rosulas aureas artificialitèr fabricatas When it first began in France to bee a speciall and distinct title from Count is diuersly affirmd But they most truly deliuer that suppose it first proper to the Dukes of Bretagne To Iohn the second Gouernor of that Territorie the Charter of Philip le Beau dated in M. CC. XCVII thus grants f Exstraict du lett de Pairrie chez Berttand d'Argentre hist. de Bret. liure 4. chap. 31. Belleforest liure 4. chap. 43. Ducem ipsum qui Comes fuit aliquando nostris vocatus in literis Ducem fore Terram Britanniae Ducatum existere ipsúmque Ducem in posterum deberi vocari autoritate regia ex Certa scientia declaramus tenore praesentium confirmamus This Iohns predecessors being before vsually known by the indistinct name of Dux and Comes Britanniae of whose equiualencie in ancient time alreadie Yet so that the Title was distinctly affected by them before this time Witnesse their Monuments deliuerd in Bertrand d'Argentre and specially the title of our old Earls of Richmond being also Dukes there For in a Charter which I haue of Geffrey Plantagenest sonne to Henry II. beeing possest of both those Territories made to one Richard the sonne of Reiner and his heirs of Tronagium Pesagium de Nundinis meis Sancti
his own and his brothers name were both Robert His at his bâ—ptisme was Iohn But at his taking the Royall gouernment either for the vnluckines of the one name in the French and English or for the good which accompanied the other in his own predecessors changd himselfe out of Iohn into Robert The first Duke in Castile as is * Esteuan de Garibay lib. 15. cap. 27. 54. g Circa m. CCC LXX affirm'd was Frederique bastard sonne to g Henry II. of Castile by him created Duke of Benauente And Iohn successor to this Henry made his second sonne Ferdinand Prince of Lara Duke of Pennafiel Ferdinando minori Regis filio saith Mariana â—ui Lara Principatus erat oppidum Pennafielis additum Ducis nomine Corona Capiti imposita nullis extantibus Floribus quod Collatae dignitatis insigne erat tametsi nostra aetate non Duces sed Comites etiam Coronam clypeis adijciunt Regis haud absimilem But their Ducall Crown now is as in England fleuronee so was that of Ferdinando saith Stephen of Garibay and as a Kings not archt but that only the flowers are lesse and so euen que vna no suba mas que otra as Esteuan de Garibay's words are i. that one bee not higher then another And the ancient Dukes might weare it aswell on their heads as Armories and had diuers such prerogatiues euen Royall when they were all of Royall bloud But for the most part now cessing to bee so most of their prerogatiues also cesse saith Garibay at least in the Kingdomes of Castile In ancient time there aswell as in other places this Dignitie was only for life And to this day my autor is h De Reb. Hispan lib. 8 cap. 2. Mariana the steps of that Estate are in the Spanish Nobilitie For none of them Duke Marquesse or Count vse their titles after death of their Ancestors but Rege denuò annuente vnlesse some few such families only as by the Kings speciall grant may doe otherwise Which although here noted as many other things in this Chapter is appli'd to some Titles hereafter to bee spoken of The Pragmatica ordains that none whatsoeuer shall haue the Title of Excellent or Excellencie But that the the Grands all Dukes mongst them are Grands and some Marquesses and Counts or such as may stand couered before the King shall bee honord with Vuâ—stra Sennoria i. your Lordship And that in superscriptions to any Duke Marquesse or Count the place denominating his dignitie shall to it be added To speake here of particular Dukedomes their rights Regalties and such like were from our purpose Wee haue alreadie rememberd that il Gran Duca di Toscana the Duke of Florence had his Crown radiant and that Title of Gran Duca by speciall indulgence from Pius Qnintus who inscribd i Cicarella in Vit. Pontific his gift with Pius V. Pontifex Max. ob eximiam Dilectionem ac Catholicae Religionis Zelum praecipuumque Iustitiae studium donauit There is a parâ—icular forme of Creation instituted by Paul II. which for the length and because most of the differing Ceremonies are as proper to that Church I omit But there is no Crown but a Cap only Biretum and a Scepter Yet what the Reporter k Marcell corâ—grens Sa. Oerem I. Iust. 7. adds for his difference of Dukes I think may bee worth obseruation Et haec quidem saith he seruantur si Dux est Magnae Nobilitatis Potentiae vt fuit Tempore Domini Pauli PP II. Borsus Ferrariae Si verò esset Mediocris potentiae vt fuit Tempore D. Sixti PP IV. to this Pope this autor was a kind of Master of the Ceremonies Fredericus Dux Vrbini omnia seruantur nisi quod non duceretur à Cardinalibus sed à duobus assistentibus Papae principalibus sederet vltimus post omnes Cardinales in Banco Diaconorum eundo incederet solus post Crucem ante omnes Cardinales Quod si adhuc esset inferior tunc omnia alia seruarentur nisi quod non daretur ei sceptrum neque sederet in banco Cardinalium sed ad pedes Papae in supremo gradu eundo incederet ante Crucem post Oratores alios Principes here you see his triple distinction of them and others haue them by Maiores and Minores Duces wherupon saith the learned l De Coronis lib. 9. cap. 22. Paschalius that the Maiores omnes vnius ordinis esse Censentur omnes propemodum suspiciuntur vt Reges longeque antistant illis quos voco Minores Neyther can any not see much difference twixt those of Florence Ferrara Sauoy Lorrain Saxonie Brunswic and such more which mongst them also differently haue so many imperiall rights and the French of late time English Scotish and Spanish Dukes which are all Seignieurs Suzerains subiect Lords and many of them possessing their denominating Territorie in Tit'e only not in gouernment Yet Charles L'oyseau idly minseth his difference to small where he makes our English Dukes to bee a degree by themselues qui ne sont qu' a vie come Officiers What Dukes he means with vs I know not But all men may know that since Edward III. the Title hath been Honorary and Hereditarie Nor doth that frequent name of Duke occurring in Genes XXXVI belong to this place The word in the holy tongue is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Paraphrases of Onkolos and Ionathan turne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 both signifying a Lord Prince or great Ruler and the m Rabbi S. Iarchi in Genes 6. Com. 15. Ebrewes interpret them there 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Heads of families or Kinreds although Alloph may serue also to expresse any great dignitie vnder a King The Rabbins say that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Euery Alluph is a Kingdom without a Crown which Elias interprets that euery King not crownd is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 * Dux i. a Duke The Germans call them Hertzogen and Hertochen whence the Hertochij in that vnder the name of the Confessors laws both signifying Dux as he is exercitui praefectus Remember what is in the first booke of the Duke of Moscouie for a Duke vncrowned yet supreme Prince Ducis Limitanei Marquesses whence the name Marque 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in old Gaulish Marcheta Mulieris the Brides maidenhead Mareshall vsuall application of names of a later age to antique relations by old English Poets The deriuation of Marquesse a mari idle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 How in one man Duke Count and Marquesse was anciently often exprest The beginning of the name of this Dignitie in the Empire Markgraue Marchio Burgundiae and Normanniae His inuestiture by a Ring His Coronet Presedence in France Alciat's admonition in point of Presedence Marchiones in England Iohn of Sarisburie corrected Snowdon Controuersie twixt the Lords Marchers and the Barons of the Cinque Ports about bearing the Canopie Earle of March. First Marquesse in
then he addes Vtinam sic faciant Vxores Matres nostrorum Marchionum quacunque occasione patriam seruent incolumem labem pudoris amoueant But he means the ancient Lords Marchers of Wales in the same place speaking of Welsh irruptions Niuâ—collinus saith he not Ninicollinus as it is ignorantly printed indomitus insolescit inermes Britones intumescunt Where vnderstand those Niuicollini for Northwales men denominated by him from that Snowdon hill in Caernaruan-shire which in another p Dict. l. c. 6. place hee calls Niuium Collis as the Welsh in like signification Craig Criry Of these Marchers mention is in the Statute of Prerogatiue Exceptis Feodis Comitum Baronum de Marchia de terris in Marchia vbi breuia Domini Regis non currunt They were expresly calld Marchionis q Florilegus pag. 325. 370. edit Londin lib. Rub. scac v. Camden in Salopia Marchiones in claus 49. Hen. 3. dors memb 5. W. Rishanger sub Ann. 50. Hen. 3. Walliae also and whereas in Matthew Paris his description of the Coronation of Q. Elianor wife to Henry the III. it is reported that the Barons of the Cinque ports carried the Canopie ouer the King as their ancient right is quod tamen tunc scrupulo contentionis penitùs non carebat as he writes the opposition against them was by foure Lords Marchers Iohn Fitz-Alan Ralph of Mortimer Iohn of Monmouth and Walter of Clifford then calld Marchiones Walliae challenging that honorary office per ius Marchiae sed quodammodo saith the red book of the Exchequer friuolum reputabatur Afterward Roger of Mortimer being of great possessions and reckoning in this Trract was vpon the same Reason of Name created Earle of March by Edward III. with which others since haue beene enobled But in these was only the name not the dignity of Marchio Neither were they in English stiled Marquesses but Marchers as the most worthy Camden Clarenceulx hath obserued But the first which had this in England was the Earle of Oxford Robert of Vere Richard the second 's Mignion He made him in Parliament Marquesse of Dublin and afterward Duke of Ireland How the State lik't it Thomas of Walsingham shall tell you Creata est saith hee in hoc Parliamento IX Richard II. noua Dignitas Anglicis insueta nempe Comes Oxoniae D. Robertus de Veer appellatus factus est Marchio Dubliniae in Hibernia caeteris Comitibus hoc indignè ferentibus quòd viderent eum gradum celsiorem ipsis Regis munere percepisse praecipuè quia nec prudentiâ caeteris nec armis Valentior videbatur But vpon the infallible credit of the Record you shall haue the forme Confirmauit ipsum r Parl. 9. Ric. 2. memb 3. art 17. Marchionem de predictis titulo nomine honore per Gladij cincturam Circuli aurei suo capiti impositionem maturius inuestiuit ac chartam tradidit Eum vultu hilari inter Pares Parlamenti in gradu Celsiori videlicet inter Duces Comites sedere mandauit quod idem Marchio gratantiùs incontinenter fecit The same King made his Cousin-german Iohn of Beaufort sonne to Iohn of Gaunt and Earle of Somerset Marquesse of Dorset of which afterward Henry IV. depriu'd him and when a petition was in Parliament by the Commons for his restitution hee himself was vnwilling to bee restor'd to this kind of newly inuented Honor and Engenulant as the s Parl. 4. Hen. 4. Mem. 18. art 18. Roll speaks molt humblement pria au Roy que come le nome de Marquis fuyt estrange nome en cest Royalme qu'ilne luy vorroit ascunement doner cel nosme de Marquis qar iammais per conge du Roy il ne vorroit porter n'accepter sur luy nul tiel nosm en ascun manniere mais nient meins mesme le Count mult cordialment remercia les segneurs les Commens de leurs bons coeurs c. The Creation of Thomas Grey of the family of the L. Gray of Ruthen by Edward IV. into Marquesse of Dorset was t Patent 15. Edward 4. per Cincturam Gladij Cappae honoris Dignitatis impositionem and in that of Henry VIII his u Patent 15. Hen. 8. making the Lady Anne Rocheford daughter to Thomas Earle of Wiltshire Marchionesse of Penbreke the words are per Mantellae inductionem Circuli aurei in capite appositionem vt moris est realitèr inuestimus That Circulus aureus is a Coronet Meslée twixt our Dukes and Earles as of the French forme is before spoken Our present Soueraigne King Iames VI. of Scotland was the first Autor of this Dignitie there what euer by misconceit of that which is affirm'd of Malcolm II. may bee otherwise imagin'd Hee first honor'd the x Camden Scot. in Damnijs ancient name of Hamilton with it in Iohn sonne to Iames Duke of Chasteau Herald and Earle of Arran Spaine hath very many But the first there was Don Alfonso of Aragon Count of Denia made Marquesse of Villena by Henry II. of Castile about M. CCC LX. of Christ. So saith Stephen of Garibay and makes a Duke and a Marquesse in hearing of the Masse and sitting by the King of equall prerogatiue but addes that the Marquesse may not bear a Coronet on his head nor on his Armories nor do diuers other things which he allows their ancient Dukes aunque cessando estas cosas en los Duques con mayor occasion cessan en ellos But the Pragmatica allows Coronets vpon the Armories ' of Dukes Marquesses and Counts but vpon none others For when that was made vnder Philip II. M. D. LXXXVI it seems diuers of inferior note arrogated the same Formalitie of Crowns Comes Comes Matronae Prouinciae Comitatenses Comites Consistoriani Diuers Counties vnder some Counties as well as vnder Duchies Grafio Graffe or Graue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Ring giuen in ancient inuestitures of a Count in France Their Coronet there Comes Dux and Eorle in our Saxon times Aethelings Heriots Ealdorman The Bishop of the Diocesse and Ealdorman vsd to sit in the Turne When that was forbidden Shirifes Wittenagemotes Aldermannus Totius Angliae The error of them which fetch Comites into our Saxons from those spoken of by Tacitus Earles and Comites vnder the Normans Their denominating Territorie Mabile daughter of Robert Fitzthaimon hir standing on it to haue a Husband of Two Names Henry the first 's and her discourse together exprest in very old English Rimes Creations The Third part of the Shrifwikes profits giuen to the Earle of the Countie The surrender of Hugh le Bigod his Earldom of Norfolk The supposd value in our laws of a Dukedom Marquisat and Earldom That hauing the Third part vnder the Saxons and in Hungarie anciently and to some Visconts in France A power in Earles anciently to make laws in their Counties It was anciently doubted whether an Earle might be su'd but in his own
of Audeley is created Earle of Glocester in Parlament his Patent r Rot. Parl. 11. Ed. 3. Memb. 14. ch 34. memb 23. ch 41. memb 26. ch 49. thus speaking Ipsum in Comitem Glocestriae praefecimus de statu Comitis per cincturam gladij de munificentia regia inuestimus ad nomen omen dicti loci sibi haeredibus suis perpetuò retinendum In like forme William of Clinton is made Earle of Huntindon William of Bohun Earle of Northampton and XX. l. annuity giuen out of the Countie to be receiu'd from the Shirifes hands Many such are extant in the Records And how the girding or deliuery of aâ—sword was in delegation of Imperium or power of gouernment you may see in the Roman s Xiphil in Traiano de hac re affatim Pet. ber Semest 1. cap. 2. Prefectus praetoriorum some other of that State But in later time the chief part of the Ceremony hath been thus exprest in the Patent Per Gladij Cincturam Cappae Honoris circuli Aurei impositionem in signimus inuestimus c. Yet it seems that before any of these examples a Coronet was vsd by them For in S. Edmunds Chapell in Westminster lies buried Iohn de Eltham t Vide Apologiam G. Camden pag. 13. Earle of Cornwall sonne to Edward II. with a Coronet on his head of a Ducall forme Neither in his time could the distinction bee of Ducall Crowns from Earles Crowns as now because no Duke then was in England His Coronet is now Poinctee and Fleuronèe But these Ceremonies are not vsd when an Earledome is giuen to one before possest of a greater Dignitie Then only the Charter selues as an example lately was in the making of Lewes Duke of Lennox Earle of Richmond As in the Eastern State they had their Officiarie Protocomes so in England that name once was in Praecomes u Rot. Parl. 23. Hen. 6. Angliae which grew first and died in Henry of Beauchamp Earle of Warwick vnder Henry the sixt The Scotish stories assertion that Malcolm II. first created this Title there is well tolerable the Dignities there before being all vnder the name of Thanes and Macduff Thane of Fife was first made Earle of the same Territory In Spain are now as elswhere very many and haue their Coronets on their Armories But although diuers Officiary Counts were in their Gothique times knowne by the name of Comites in their Monuments yet as a granted Honorary Title it began in the Kingdom of Castile they say but of late time that is vnder Alfonso XII Hee x A. Chr. M. CCC XXVIII made his speciall fauorit Don Aluar Nunnez Osorin Count of Trastamara Lemos Sarria Hereof saith Mariane Nouum id exemplum fuit nullis anteà in Castellae regno Comitibus The Ceremonie he describes thus Tres Offae in vini poculo oblatae cum inter se Rex Comesque tertiò inuit âssent vter prior sumeret à Rege Offâ vnâ sumptâ à Comite alterâ Ius Caldariae in Castris in Bello Vexilli proprijs insignibus distincti datum In eam sententiam confectis Tabulis atque recitatis consecutus astantium clamor plaususque laeta faustáque nouo Comiti ominantium Is instituendi Comites ritus fuit In Poland of late time both this Dignity and that of Duke began but to few Communicated My Autor thus y Martin Cromer Polon descript lib. 1. of that State Est autem pari dignatione Polonica omnis Nobilitas nec est vllum in ea Patritiorum Comitúmue discrimen exaequatâ quodam tempore omnium conditione Nuper adeò paucis quibusdam parentum vel ipsorummet amplitudine atque meritis Principum beneficio Comitum Decus denuò partum est Ducum qui peculiares habeant dominatus vel Territoria nunquam aliud genus fuit apud Polonos quam id quod à Boleslao Kriuousto Principe this Krziuoust as they write it began to raigne in 1103. propagatum fuit cum is principatum inter liberos diuisisset Verum id iam defecit But in Lithuania Prussia and Liuonia are Dukedoms Gaguin and others call them Ducatus Neither for that State be satisfied here without seeing what we haue in the next Chapter of their Uaiuods and Chastelans Of Counts Palatin two sorts in old storie Palatins generally Counts Palatin without Territory made at this day by the Emperor and Pope Comes Palatij Curator Palatij The office of Comes Palatij in the old French State Chaplains whence so calld Maire Du Maison Count du Palais not the same anciently against diuers that affirme the contrarie Maioratus Senescalcia The true deduction of the name of Counts Palatin differing from the vulgar Psaltzgraffe of Rhine Landgraue Rigordus amended The Palatinat of Champagne Of Chester Durham Ely and Lancaster The Curtan sword born by the Earle of Chester at the mariage of Henry III. Franchise de Werk in our Law Annals Hexamshire Hengstaldemshire its name in our Monks amended Hexam vnited to Northumberland Palatins in Poland their Vaiuods 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chastellans Palatins in Leitow CHAP. V. AS one diuision of Counts is into PALATIN and Prouinciall The Palatins hauing their denomination from Palatium the Palace or Kings Court the Pronincials from their Prouinces so of Palatins some had that generall name for liuing z Cod. tit de Priuil eor qui sac Palat. Militant lib. 1. tit 34. in Palatia as Palatina Officia and Palatini Comitatenses for the Emperors Gard and the like Others were more specialy titled Comites Palatij as chief Iudges and Vicegerents in the Court for administration of Iustice of whom most mention is in the French storie Of those of the first kind is frequent mention in both the Codes but so that the word Palatins comprehend also whatsoeuer officers were employ'd in the Palace 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith an old Glossary of the Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. By a common name of Palatins are cald all such as were Officers in the Palace about the Treasurie and interprets it also by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Court Officers Of Prouinciall Counts alreadie But all honor'd with the Comitiua and following the Emperor might well be and were stil'd among this first kind of Palatins Among these are reckon'd such as haue arrogated that name from XX. years Profession of Grammar Rhetorique Law or the like in Constantinople by a a C. lib. 12. tit 15. 13. vide Cassi dor Var. 6. Form 19. Symmach lib. 1. epist. 26. 37. Constitution of Theodosius and Valentinian which at this day is in the Empire made vse of as also those created Count Palatins without any Territory both by Pope and Emperor which haue with their Honor b Pith. des Com. tes de Champ. luire 1. the Prerogatiues of making publique Notaries constituting Iudges legitimating of Bastards immunitie from Imposts and the like It is written on the Tomb
Aeneidos 8. Polybium lib. 6. alios pugnare cum hostibus lawfully fight with the enemie But these religious solemnities wore away in ancient time It grew afterward fashionable for one King to send his sonne to another to take the Order vt acciperent Arma Militaria or Virilia as the Monks vsually expresse it Which well agrees with that of the Longobards before mentioned Examples of that kind both here in Scotland elswhere are enough frequent So one King of another as in that of Alexander III. of Scotland He married the Lady Margaret daughter to to our Henry III. The Nuptials being celebrated in Christmas at York the King of England Knighted his Royall sonne in law with twentie more Where the Earle Marshall of England as an ancient right of his Place requird the King of Scotland's Horse and Furniture for his fee which although in those times it seems i Statut. West 2 cap. 46. De Marescallis the Earle Marshall had at the Knighting of any Baron or superior Nobleman as also at the Homages done by any such either Secular or Religious yet it was answerd that from the King of Scotland no such fee was due because hee might haue took the Order of any other Catholique Prince or at his pleasure of any of his own subiects of his Nobilitie Responsum fuit saith the k Matth. Paris 35. Hen. 3. Storie quod Rex Scotiae tali non subiacet exactio 〈…〉 quia si placeret ei potuit ipsa Arma suscipere a quouis Principe Catholico vel ab aliquo Nobilium suorum Sed ob reuerentiam honorem tanti Principis Domini ac vicini sui ac soceri tanti mallet ab ipso Rege Angliae Cingulo donari Militari quam aliquo alio Et sic praecipiente domino Rege in totum die festo omnimoda lis conquieuit And for that of the King of Scotland his saying that he might haue took it from a subiect of his own its true and so in our State some of our Kings haue receiud it Henry VI. was Knighted by Iohn Duke of Bedford and Edward VI. by Edward Sâ—imer then Earl of Hertford and the like many more occurre Nay in those ancienter times Earls which were then the greatest Nobles vnder the King and Prince had a power of Knighting Vnder Hen. III. the Earle of Glocester made his brother William Knight at a Tourneament So did Simon of Montfort Earle of Leicester Gilbert of Clare Some l Tillius de Reb. Gallic 2. like examples haue been in France And Los Caualleros vassallos de los Ricos hombres i. Knights made by the Ricos hombres anciently in Spain they were neer as Barons in other places are rememberd by m Apud Fr. Menenium ex P. Salanoua alijs Spanish Antiquaries And against the Scotish Expedition Prince Edward of Caernaruan first Knighted by his father Edward 1. made diuers Knights of his own autoritie at Westminster by girding with the sword But such also as were neither Princes nor Earles and that without any Regall autoritie transferd for if so it were not worth obseruation about the raigns of our first three Edward's somtimes made Knights in the Warres Dominus Iohannes filius Thomae say the n A. 1313. 1314 1316. 1318. Annals of Ireland fecit Milites Nicolaum filium Mauritij Robertum de Clonhull apud Adare in Momonia So Edmund le Botiller afterward Lord Deputie made XXX Knights at Dublin And Richard of Bernimgham for the good seruice that one Iohn Husee had done in the Irish warres gaue him amplas terras fecit illum Militem vt benè meruit And by the same autoritie Uenit Dominus Rogerus de Mortimer Dubliniam fecit Dominum Ioannem Mortimer Militem cum quatuor socijs And indeed this Roger of Mortimer was then as Lord Deputie of Ireland and might the better do it And in one of our yeer-books o Thirning 7. Hen. 4. fol. 8. Voyes Froissart â—ol 1. fol. 185. a Iudge on the Bench relates thus I haue heard saith he that a Lord had issue a sonne and carried him to the Font and presently as soon as he was baptized took his Sword and made him a Knight saying Be a good Knight if you can for you shall neuer be good Esquire It was a prerogatiue it seems anciently challenged by such as were themselues Knights For William of Badensel a German Knight at the Sepulchre made two by his own report Supra Sepulchrum Christi saith p Guil. de Badensel Hodoe-Poric in Terram Sanctam he pulchram feci de Resurrectione Domini missam celebrari aliqui de meis socijs Corpus Christi deuotè susceperunt Pâ—st Missam feci Duos Milites Nobiles supra sepulchrum gladios accingendo alia obseruando quae in professione Militaris Ordinis fieri consueuerunt This was in M. CCC XXXVI Now none but the King or one as his Lieutenant authorized giues this Order neither is it done by girding with the Sword but the deseruing kneels and a Sword is laid or slightly strook on his shoulder by the king vsing this French q Smith Rep. Angl. 1. cap. 17. Soiz Cheualter au nom de Dieu and then Auancez Cheualier This Ceremonie alone giues the Title of Eques Auratus that of Auratus comming from their right of wearing guilt spurres which hath been also a knights speciall ornament And vnder Edward II. Richard r Anonym Chron. apud Millium of Rodney was knighted by being girded with a Sword by Almaricus Earle of Penbrok and hauing one Spurre put on by the Lord Maurice of Barkley the other by the Lord Bartholomew of Badilsmere That striking with the s Tillius de Reb. Gallic 2. Sword hath been anciently the vse of the Empire and when Sigismund knighted Signell a French Gentleman in France to honor Signell with that name the want whereof was obiected to him in a Controuersie twixt him and Pâ—stellan hee did it by such striking of him kneeling and giuing him one of his gilt spurres and girding him with a girdle that had hanging to it in stead of a sword a great knife And this was done in France neither Contra maiestatem aut ius Regis saith du Tillet tentatum est quia ex Iure consultorum sententia Equites vbique in Imperio in alieno dominatu institui possunt For Creation of a knight thus much and as euery child knows in personall Creation only the being of knighthood is neither hath any man it otherwise Infanciones saith one t Mich. Molin ap Mennenium of Spain and Infancio is their hijdalgo i. a Gentleman perhaps from the German or Gothique Edeling or Etheling nascuntur apud nos Milites verò fiunt which you may applie to all States In elder times it was prouided in the Empire France and Spain that none should receiue this Order except hee were before in some degree of Ciuill Nobilitie A
〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Gothofred interprets by Biscuit But I haue not yet perswaded my self to consent with this learn'd Bertrand nor yet to beleeu that I know the true etymon of Bachelor Other coniectures are of it but none that I dare relie on The name is occurring in old Storie as Chiualeirs ieunes Bachelers and Banniers and Bachiliers for Bannerets and Bachelers in Froissart and some passages in Adam Myrimoth and others In no ancient Nation almost hath been wanting some honor proportionable to this of Knighthood Of the Romans and Grecians something alreadie The Carthaginians vsd for euery Militarie voyage to giue him that had gone a t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ring Euery man mongst the Macedonians vntill he had slaine an enemie went girded with a u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Halter And no Scythian x Herodot hist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristot. Politic. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 〈◊〉 vbi exempla caeteâ—a might drink of a specially honored cup mongst them vntill hee had embru'd himself in an enemies bloud Next of their Degradation The form of that will best appear in examples First of Sir Andrew Harkley vnder Edward II. made Earl of Carliel and soon turning traytor The King sent his Commission to Sir Anthony Lucy a Knight of that Countrie to arraign him The Acts and words of Sir Anthony in this businesse the rather because the degradation from another Dignitie is included in them out of an old y Fruct Temp. Caxton Ms. English Chronicle I thus transcribe to you The same Andrew was take at Cardoill Carleill and lede vnto the Barre in manner of an Erl worthyly arrayede and with a swerd gert aboute him and hosed and spored Tho spake Sir Antonie in this mannere Sir Andrew quoth he the Kinge dede vnto you much Honor and made you Erle of Cardoill And Thou as a traytor vnto thi Lorde the King laddest his people of this Countrie that should haue holp him at the battaille of Beighland away by the Countrie of Copeland and thorugh the Erldome of Lancaster Wherfore our Lorde the Kinge was scomâ—ited there of the Scottis thorugh thi tresoun and â—alsenes and if thou haddest come betymes he had hed the maistrye And all that tresoun thou dedest for the somme of Gold and Syluer that thou vnderfeng of Iames Duglas a Scotte the Kinges enemie And our Lord the King is will is that the ordre of Knighthode by the which thou vnderfeng all in honor and in wurshipe oppon thi body ben all brought vnto nought and thi State vndon that other Knights of lower degree now after the be ware the which Lorde hath the auanced hugely in diuerse Countrees of England and all now take ensample by the * Their. here Lorde afterward for to serue Tho commanded he a knaue anoon to hewe of his spores of his heles And after he lete breke the swerd ouer his heed the which the Kinge him gafe to keepe and defende his lande therwith when he made him Erl of Cardoill And after he lete him vnclothe of his Furred Taberd and his hoode and of his furred Cotys and of his gyrdell and when this was done Sir Antonie said him Andrew quoth he now e rt thou no Knight but a knaue And so gaue iudgment on him that hee should be drawn hangd and quarterd and his head set on London Bridge which was executed Walsingham in his Ypodigma remembers this but briefly And one addeth that he was a Th. Auensburie apud Camden in Brigant Calceis Chirothecis exutus also Some difference is in that of Sir Ralph Grey condemnd of Treason by the Earle of Worcester high Constable of England vnder Edward IV at Doncaster The b I. Stow. preamble of the iudgment was thus Sir Ralph Grey for thy treason the King had ordained that thou shouldest haue had thy spurs striken off by the hard heels by the hand of the Master Cooke who is here readie to do as was promised thee at the time that hee took off thy spurrs and said to thee as is accustomed that and thou be not true to the soueraigne Lord hee shall smite off thy spurrs with his Knife hard by the heeles and so shewed him the Master Cook readie to doe his Office with his weapon and his Knife Of this more where wee speak of the Order of the Bath Moreouer Sir Ralph Grey the King had Ordeind here thou mayest see the Kinges of Armes and Heralds and thine own proper coat of armes which they should teare off thy bodie and so shouldst thou as well be degraded of thy Worship Noblesse and Armes as of thy order of Knighthood Also here is another coate of thine Armes reuersed the which thou shouldest haue worne on thy body going to thy death-wards for that belongeth to thee after the law Notwithstanding the disgrading of Knighthood and of thine armes and Noblesse the Ring pardoneth that for thy noble Grandfather who suffered trouble for the Kings mâ—st noble predecessors And then hee gaue c De Degradatione Militum consulas licet Segarum lib. 2. cap. 4. huc non libuit transferre iudgement on him For a Corollarie to our Knights I adde that of Iehan le Breton in his Chapter De appels de Mayhems speaking thus in the Kings person Ascuns trespasses sont nequedent pluis punnissables sicome trespas fait en temps de peas a Chiualers au a autres gentz Honorables par Ribaus par autres Viles persones en quel cas nous volons que si ribaud soit atteint a la suyte de chescum Chiualer qu'il eit seru par felonie sans desert de Chiualer que le Ribaud perd son poin d' ont il trespassa That a base fellow should loose his hand for striking a Knight excepted in time of Ioustes or Torneaments Of other particular attributes to Knight by reason of distinct orders presently after we haue first spoken somwhat of Esquire That name challenges the next place here although not by precedence yet because it is not so peculiar to certaine time or place as the Orders and no more then the generall name of Knight Escuyer Scutifer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Armiger Attendance by Esquires on the ancient Gaulish Knights Schilpor Shield-knapa Knaue Grand Escuyer Tzaggae Fiue ranks of Esquires When in England it began to be honorarie The Collar of S.S. How Armiger became significant as in our daies Peers Lex terrae and Amittere legem Terrae Exposition of gents de lour Condition in the Statut de Proditoribus Richard Earle of Cornwall brother to Hen. III. would not acknowledge the English Barons his Peers Triall by Peers Amerciament by Peers How a Bishop partakes of the prerogatiues of the greater Nobilitie Pares Curtis Douze pairs du France Their iustitution Patricius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 giuen to Ioseph by the Egyptians CHAP. X. AS most other Dignities had their beginning out of some Officiarie performance
Turks is Persia. 106 Aichmalotarchae in the Captiuitie 154 Aijos Phasileos Marchio 131 Ailwin a SaxoÌ„ Earle called Half-king the same with Hehelguinus in others 227. Founder of Ramsey Abbey in Huntingdonshire ibid. Aides to make the sonne a Knight marrie the daughter and redeeme the Lords bodie out of prison 330 Algomeiza Procyon 13 Algebar 13 Alexander sonne to Iupiter Hammon and his picture with Rams hornes 63. whence he was called Dhil karnaijn 140. his being deceiu'd by Anaximenes exprest by an Ancient in Latine verse 157 his request to the High Priest for his name to be giuen to the Priests children 67 Albu Ersalan 111 Alcoran of the Turks worne about a Chaliphs neck 100. in it parts of the old Testament ibid. how many Azoars Sureths or chapters it hath the difference of the Arabique one in that from the Latine 101. the beginning of euery Azoar 102. It was by error giuen to Mahomet by the Angell Gabriel 104 Almumens 101 Ali or Alem Mahomets sonne in law 100. how the Persians and other follow his sect 105. 107 the Alian Sect from another Ali according to some opinion 107 Ali Abasides 107 Alghabassi 99 Aladin in the Turkish storie 112 Alfred the first King annointed in England 133 Alilat the same Goddesse with Lilith 165 Alexius Commen the first creator of those Dignities Sebastocrator Panhypersebastus c. 171 Alderman of all England vnder the Saxons 227 Aldermannus Iuratorum 270. 389 Alderman See more in Ealderman Alodium Alode its deriuation 302 Alodarij Aloarij and the like anciently in England 390 Alsheich 51 Alluph i. Dux 208 Amiras Amera Amir 49. 98. 375 Amir Echur 374. Amir Halem 379 Amir elmumunin i. Rex orthodoxorum 99. seq Amiralius 375 Amiras Amireus if well distinguisht 375. 376. Amir amomenus 99 Amir moumnes 100 Amici Regum and Amici Fratres Rom. Imp. 185 Anaximenes See Alexander Annian Impostures reiected 17 Anglorum Rex Primus in the Heptarchie 30 Anselm Archbishop of Canterburie would haue gone to Rome for his Pall but William II. would not permit him 26 Anaxarchus his iest to Alexander pretending himselfe a God 67 Anni Augustorum 71 Antigonus his answere to a flatterer that calld him God 67 Antiochus sprinkled the Iewes Bibles with Bacon-broth 62 Antonin of what respect the name was in Rome 77 Annointing of Kings 128. whence the originall 129. 387. Annointing of stones and statues mongst the Gentiles and bounds ibid. what Princes were to be annointed by the Roman Prouinciall 130. yet no annointing of the old Irish Kings 57. where it was first vsed in the westerne parts 131. Annointing with holy oile to the French Kings 132. None of their Kings of the first line was annointed 132. British Kings annointed 132. First annointed in the Saxon times 133. Annointing of the English Kings with holy oile giuen to Thomas Becket as the tale is reported 134. Annointing makes Kings capable of spirituall iurisdiction 135 Andrew Harkley Earle of Carleil his being degraded of Knighthood vnder Edward II. and the forme of it 3â—7 Andrew S. 370 Apollo to him were consecrate all children cut out of the wombe and why 70 Apostle des Sarazins 66 Apostolique King a title to an Asiatique King 87 Apple so is the Globe calld whereon the Crosse is infixt 158. Three apples in Iupiters statue at Constantinople 159 Appenages of France 196. whence the word Appenage 198 Arbelus 9 Arsacides 76 Areta a name of the Hagaren Kings 76 Arduelles or Ardebil 107 Arthurs seale 160. Arthur and his Round Table 365 Arundel Castle 235. Earldome of Arundel begunne 236. its essence by reason of the Castle and precedence 236. 237 Armories Setting of Crownes on them 196. 197. 206. See Crownes when they began to be borne hereditarily in Praefat. and there of their being giuen by Patent more borne by some Mahumetans painted anciently 380 Armes of the Daulphinè France to be quartered 173. Of Moscouie 362. and see in Beta Of Saxony 152 Armes giuen in enfranchisement 326. 327. and see in Knights Of armes descendible to the heire 322 Arch-duke how ancient the name 194. Of Lorrain ib. Arlic i. Honorable 223 Armiger 340. 341. whence the dignitie hath its name 343 Archbishops worth 204 Arabians See in Vashlu Assyrian Monarchie and its continuance 6. 7 Assur built not Niniueh 8 Astaroth 65 Astronomie of Homer explaned 14 Astrologers 67. 166. 185 Asia the westerne part of it sometimes beside what is truly Greece called Greece 75 Assit principio Sancta Maria meo 101 Asser Ben Cheter 105 Astures King of them 80. Prince of Asturia 170 Ataulph purposd for a title in Empire 76 Athelstans greatnesse thinking it more honourable to make a King then be one 35. his Charter 303 Athenian Prince calld Great Duke 194 Augustus would not bee called Dominus 47 Augustus why and how a title to the Emperor 70. 71. its deriuation 71. vsed by other Princes 71. and 72 Augere Hostias 71 Aureum Pomum wheron the crosse is borne 160 Auratus Eques 317. and 361 Aureorum Annulorum jus See in Rings B BAal 9. and 65 Baal Hanan the same as Hannibal 67 Baal-samaim the same with Iupiter Apollo Pan. 9 Banners giuen in inuestiture and in committing the gouernment of a Prouince 28. 29. 191. 378. 379 Banner square who may beare it with his Armes on it 353 Bannerets their Name and Creation 353. seq a Banneret discharged of being Knight of the Shire 355. 356. and of their Precedence ibid. See in Sanziacks Bani of Hungarie 381 Babylonian Scepters and Rings 155 Babylon and Bagdet 93 Bagded is the old Seleucia vpon the confluence of Tigris Euphrates 93 Baetulus from Bethel deriu'd into the Heathen 129 Babamus in Turkish Our Father 122 Bacon the Frier his bookes spoild by ignorant Monkes 109 Baltheus what 311 Balteus auratus constellatus 309 Basilius Macedo the Easterne Emperor his finding fault with Lews II. the Western about the title of Emperour 22. 23 Basileus 21. seq 35 Barbaquan Barbican 89 Barons and Baronie the etymon of the word 259. seq what they are 265. 266. Of France 266. of England before the Normans 267. seq vntill 273. Barons after the Normans and Parlamentarie 274. 278. and 280. 283. Value of a Baronie 274. and 232. Peers to Barons i. Pares Baronum 274. 275. Barons to Earls 247. 275. without Barons the name of Prince anciently not supported 275. Baronies how many in England vnder Hen. III. 278. First Baron created by Patent in England 281. Baro and Baronia coniugata 282. and 283. Primus Baro Angliae 283 Baron and Lord. 284. Baronie of Earles giuen to their heires apparant 284 Barons of Scotland 285. late and ancient 286. 287. difference of those of France of later time and Barons of England Scotland 288. Barons in France haue the right of wearing a Gilt Helmet 288. and a Chaplet of gold 289. Of Spaine
that 's to bee vnderstood 149. 152. the apparition to him in his warres against Maxentius 160. See in Crosses and in Britons his law about marriage of his Nation 37 Constantine a name much affected in the Eastern Empire 76. The Turks call the old Emperors there Constantins 76. 77 Conuentus Parium in Fr. 250 Coronet See Crownes Corona Chorona whence 137 Counts See in Comites Palatij Counts Palatin 24â— whence the name 244. See in Palatin Cosmas sweaâ—ing by himselfe 66 Cossorassath for Cosroes Shach 110 Cornwall Duchie 178. 199 Cornwall and Deuonshire 201 Cral Cralna i. King Queene and Crol Crolna 45 Craunfeild 271 Crateuitz from Crates 78 Craig Eriry 215 Cretans alwaies liers why 12 Cro of Scotland 286 Cracouian Chastellan in Poland before the Palatin and why 249 Crimen Maiestatis 118. 121 Crosse on the Globe 159. when first vsd ibid. 160. how it was in the Emperors Diadems Standards and the like 160. 161. 162 forbiddeÌ„ to be made on the ground 162 Croissant of the Mahumedans whence 162. 163. seq Crowns the first Inuentor 136. 142 vsd anciently but to Gods 136 whence Corona 137. whether it were a royall distinction mongst the Gentiles before Christianitie 137. seq A disputation that it was not ibid. One giuen to Hippocrates of great value for helping the plague 137. Those in the Games c. ibid. 142. TriuÌ„phall Crowns 159. how they were in ancient Rome 139. 140 at Banquets 141. 142. whence the Crowns worne in the Olympians 142. Crown giuen by Alexander to Diogenes and by him to his sweet-heart 143. of leaues 145. 152. Crown Imperiall how it differs from that of other Princes 150. 151. Constantins first wearing a Crown 149. 152. Crowns of the Iewish Kings 152 the Crown of thorns 153. It was an ensigne of the German Empire See the Preface Crown Radiant of the Duke of Florence 153. First of the British or English Kings wearing a Crown 153. Crown of Scotland 153. First of the West-gothique Kings in Spain 153 See Diadem Crowns by louers set on their Mistresses dores and posts 136 Crowns for Dukes and who of them may weare them 194. 195. 196. 198. Of the Archduke 193 Bearing of Crowns on Armories 196. 206. 288 Crowns how their seuerall forme was in the Eastern Empire and how they came by coniecture to be so different mongst our dignities 197. 198. Crown of the Despot 172 Crown of Peacocks feathers 57 Crowns see Marquesse Earle and Vicount Crowning of the Rex Romanorum 170. 171 Culzum Denizi i. Mer de Bachu 106 Cut out of the wombe are sacred to Apollo 70 Cutberti Terra 248 Curis in Sabin 149 Cunegreuij 389 Cyrbasia 144 Cyprus Kingdome 29 Cynosura Princesse of the Notthern heauen 14 D DAnemark the Kingdome 29 Daniel named by Nabuchadnezar 66 Dates of Turks letters 101 Daulphin Daulphinè 172. the reason of the name 173. seq how the Daulphinè is next to Crown 173. Epitaph of Humbert Daulphin in Paris 174 Dea Syria Dij Syri 11 Defender of the faith 79 Dei gratia by what Princes vsed 116. anciently by Bishops Abbots Master of the Temple c. 116. 117 Despot what he was and how to be spoken to 122. 171. hee might weare Purple shooes 156. how he became the apparant heire 171 his Crown 172. 197 Delphinus See Daulphin Deuonshire Earle 236. those of Deuonshire in the Rereward anciently in Praefat. Degradation of Knights 337 Deputie of Ireland 57. 58 Dermut Mac Morrogh 57 Dhilkarnaijn See Alexander Diadem or Fillet 19. 20. it vsed mong the Europaeans before Alexander for a Note Royall 138 seq what kind of Diadem was Royall 143. 144. what it was 145. 147. 148. See in Crowns and in Tiar Digitus salutaris 40 Dionysius i. Bacchus deriu'd 45 Dignities when they began to be Feudall 189. 190 191. 192. 195. how they are taken after the death of the Ancestor in Spain 206. The dignities of the old Saxons 204. 225. See in Thanes 268. Of the Eastern Empire see in Despot Sebastocrator in Caesar in Panhypersebastus Great Duke in Duke Diogenes See in Crowns Districtuale 249 Doctors of the Ciuill Law to be calld Domini 55 Dominus how vsd or refusd mongst the Roman Emperors 47. seq See in Constantine A Sect that would not allow the word Lord or Dominus to any earthly Prince 49. The word vsd in salutation 47. 53. Tertullians conceit vpon the first occurrence of Dominus Deus in Genesis 50. and there the reason of the reading Dominus Deus Dominus Hiberniae 55. how the Title began 56. when altered 58. Dominus among the Chaliphs 111 Dominae to women 53. 54 Domna 52 Domnus 52 Doctor OmniuÌ„ Credentium 102 Dolphin See Daulphin Douze Paires 349 Droit de Police 266 Druides their sacrificing 10 Drichten i. Lord. 61 Ducatus Imperia a play 182 Duces Maiores Minores 207 Dukes whence their name 182. 183. seq 191. how the same anciently with Comes and how different 186. 187. 188. c. See Comes Whether a Duke anciently had XII or any certaine number of Counties vnder him 189. Inuestiture into a Dukedome ancient and late 191. 192. 195. 199. 200. 202. 207 A Duke to be made by the Archduke 193. Great Duke 193. 27. some Dukes as supreme Princes 120. 194. 195. 207. 383. 384. First Duke in France by distinct name 199. the Greatnes of the ancient Dukes there 195 196. 198. 206. First Duke in England 199. Dukes before the Normans 203. they were Earls 204. First Duke in Scotland 205. First Duke in Castile 205. supposed Reuenue Value and Releif of a Duke 232. Of Poland 240. See Magnus Dux Dukes in Genesis 208 Dux and Comes See Comes Dux Duces Limitum 183. 209. 213 Ducianum Iudicium 183 Ducales Tunicae 183 Ducall habit of the Archduke 193 Durham made a Countie Palatin 228. 247. called Cutberti Terra 248. See in Haliwerk and in Franchise Dublin See Robert of Veer Duell challenge to it in point of equalitie of dignitie 384 E EAgles born on the top of Scepters and why 155. on the Emperors shooes ibid. seq and more of them ibid. Earth and Water demanded in subiection required and a speciall disquisition about that custome 33 Earldome surrendred 231 Earles value 232. See in Comes c. before the Normans in England 203. 204. 225. Inuestiture of an Earle 222. 238. 239. his Coronet 198. 223. 239. 240. whence the name 223. by what seuerall names titled after the Normans 228. how their Territorie was a part of their name 229. 230. They had the third part of the profits of the Countie 231. 232. 233. the sword of the Countie giuen them 237. 238. It was douoted anciently if they might be summoned out of their Countie 234. Denominated from Towns 235. See Arundel Cheif Earle of England by new Creation 239. Of Poland 240 Ealdorman 204. his worth among the Saxons ibid. he
England How the Nobilitie lik't the Creation of Robert of Vere Richard I 〈…〉 expressely made it a Dignitie twixt Duke and Count. Iohn of Beaufort's refusing the Title as too New His Coronet here First Marquesse in Scotland Iohn Hamilton First in Spaine when made and who His Coronet and prerogatiues there CHAP. III. OF Dux Dux limitis and Comes as they were anciently about the declining Empire it is sufficiently disputed in the next Chapter before And of their equalitie of Office and Dignitie as also how from Dux came the now Honorary title of Duke From no other Originall is the name of MARQVESSE to be deriud For such as were constituted Gouernors of Prouinces bordering on som other State or the Sea whence also easier inuasions might bee feared had the name of a C. tit de Venat Ferar. l. vnic Constit. Theodos. Val. edit a Pith. tit 29. Duces Limitanei or Limitum in Latin and from the old Dutch or French in later time Marâ—graues or Marquesses For in that tongue as at this day Borders Frontiers limits or bounds were calld Marques or Marches Quotiens saith my b Boiar leg tit de Term. Rupt art 8. autor de Commarchanis contentio nascitur c. i. as often as controuersie rises touchching Boundaries And in the French Annals one speaking of Carloman Expulit Duces quibus custodia commissa c c Anonym sub anno 861. erat Pannonici limitis Cartani atque per suos Marcam ordinauit Hence the ancient Marquesse of Austria is calld d Ditmar Chronic lib. 7. Marcha inter Vngarios Bauarios So Normandie was * Sugerius Abb. vitâ Ludouici Crassi Margus Regni and Normanniae Marchia The reason of the name any man knows that knows how it lies In the Testament of Charles the Great Marcae is vsd for Frontiers and in writings of those times Marca Hispanica Marca Britannica and such like infinit occurre And e Adreuald Floriac de Mirac S. Ben. cap. 33. Marchisi Britannici limitis Marchiser in French being at this day to Border or adioyne to Hence the names of Danmarch and as som haue thought our Mercia or Mercland in the Saxon Heptarchie and the lawes of Marque or Reprisales Some great men haue f Alciat de Singul Certam cap. 32. deriud it from Mare or Marc i. a Horse as if it should be in Latin Magister equitum or a Generall ouer the Gensdarmerie of Horsemen It s true that among the old Gaules the word g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pausanias Phocic lib 10. Marc signified a Horse as also in h March leg Boiar tit de Vitios animali art 11. old French and British or Welsh wee and the present Dutch retaining still for one Sex the word Mare Hence some will the Marcheta Mulieris in Scotland i. from an obscene vse of equitare the first night or Maidenhead of the Bride which by a law of Euen III. King of Scotland was allowd to the King and other Lords at the marriage of their Tenants daughters and afterward by Malcolm III. at request of his Queen turnd into a summe of i V post Hectorem Boetium lib. 3. Regiam Maiest lib. 4. cap. 31. de Marcheta apud Nos consulas Henric. de Bract lib. 4. de Assiss N. Diss. cap. 28. §. 5. monie yet remaining among their laws But also with vs in a Natiuo habendo the Esplees is laid among other in Marcheta pro filiabus suis maritandis perhaps hauing like cause of name although not the same ground of Law But in Scotland it extends to all Conditions as well Noble as other And from the old vse of this Marc or Mare must you deriue Mareshall i. as most say Mare-schalch which literally is as much as Equi or Equorum praefectus i. Master of the Horse Which without question is the true etymologie of the great office of Mareshall ioind anciently in England with the Constable i. Comes stabuli in their iudicious place of the Court of Chiualrie But to iustifie also that Marquesse is hence one produces a piece of an old Romant thus speaking of Paris his companie in his embarquement for Helen Li k Benois Chez Fauchet en l' Origin des Dig. nit 2. cap. 3. Chiualier li Marchis Ke Paris ot semont pris Et ses freres Deifibus Et furent bien deux mil plus And thinks that the autor would not absurdly by Marchis mean such as are mongst vs feudatarie Marquesses but that he vsd it for Horsemen which in later time was applied to this Dignitie Surely there was no necessitie that hee should vse the name for the one or the other but generally for a Souldier because indeed the old Marquesses had in their Prouinces Martiall gouernment Or if hee did vse it for Horsemen as perhaps hee might what consequence is there that thence this Honorary title should haue its deduction But howsoeuer he knows nothing of the old Monkish Rimes and Romants that knows not how vsually they abusd words of Titles Dignities and state of their own age by application of them to Countries and Times where and when they were not What doth Dan Lidgat the Monk of Bury mean when in the destruction of Thebes he saies that King Adrastus sette a Parlement And hath his letters and messer gers sent Through Greece to many sundry Kings Hem to enhast and make no lettings And round about as made is mention Hee sent also to many a Región For Princes Dukes Earles and Barons It must in charitie be thought that none of his Readers are so blockish as to beleeu that the Titles of Dukes Earles and Barons were in Greece Much of that nature is in Robert of Glocester Chaucer Gower and elswhere in Lidgat The l Constit. Feud lib 2. tit Quis dicatur Marchiani dicuntur Petro de Vincis lib. 2. Epist. 15. Imperiall Laws thus Qui de Marchia inuestitus est Marchio dicitur Dicitur autem Marchia quia Marcha vt plurimum iuxta Mare sit posita It s certain iudeed that many of the Imperial Marquisats are in a maritime coast yet plainly had their names from being Land-marches of the State and not from their maritime situation For although the Marca Anconitana Taruisana of Ferrara in Italy as also the Marquisat of the holy Empire in Brabant the Marcha Normannica and Britannica in France are maritime yet Misnia and Lusatia Brandeburg Morauia Austria Susa in Sauoy all vnder the name of Marquisats and then instituted when the Title had a reall deduction from the Prouinces are inland Countries When Charles the great had a designe of Warre against the Saxons he sent for all his forces in Guienne and commanded them thence m Adhdemar in vita Ludouic Pij relictis tantùm Marchionibus qui fines Regni tenentes omnes si fortè ingruerent hostium arcerent incursus Plainly the defending of the Marches interprets their name