of Lady Madame and Dame with a grant quod nec nos nec Heredes vel successores Nostri de caetero in posterum erigemus ordinabimus constituemus aut creabimus infra hoc Regnum nostrum Angliae aliquem alium gradum Ordinem nomen titulum Dignitatem siue statum sub vel infra gradum dignitatem siue statum Baronum huius Regni nostri Angliae qui erit vel esse possit superior vel aequalis Gradui Dignitati Baronettorum praedictorum And further that after the proposed number of CC. made quod tunc nos non creâ—â—imus vel praeficiemus aliquam aliam personam vel personas in Baronettum vel Baronettos Regni nostri Angliae sed quod Numerus dictorum CC. Baronettorum ea ratione de tempore in tempus minuetur in minorem numerum cedet redigetur Vpon point of precedence a great controuersie grew afterward between these new Baronets and the yonger sonnes of Viscounts and Barons and after the Counsell on both parts three seuerall dayes at large heard by his Maiestie in person it e 28. Maij. 10. Iacobi Regis was decreed adiudged and established that the yonger sonnes of Viscounts and Barons shall take place and precedence before all Baronets And that such Bannerets as shal be made by the Kings Maiestie his heirs and successors vnder his or their Standard displaied in an Armie Royall in open Warre and the King personally present for the terme of the liues of such Bannerets and no longer according to the most ancient and noble institution shall for euer hereafter in all places and vpon all occasions take place and precedence as well before all other Bannerets whatsoeuer no respect being had to the time and prioritie of their Creation as likewise before the yonger sonnes of Viscounts and Barons and also before all Baronets And again that the yonger sonnes of Visconts and Barons and also all Baronets shall in all places and vpon all occasions take place and precedenee before all Bannerets whatsoeuer other then such as shall be made by the King himself his heirs and successors in person and in such speciall case manner and forme as aforesaid And that the Knights of the most honorable Order of the Garter the Priuie Counsellors of his Maiestie his heirs and successors the Master of the Court of Wards and Liueries The Chancellour and vnder Treasurer of the Exchequer Chancellour of the Duchie the chief Iustice of the Court commonly called the Kings bench the Master of the Rolls the chief Iustice of the Court of Common pleas the chief Baron of the Exchequer and all other the Iudges and Barons of the degree of the Coife of the said Courtâ— now and for the time being shall by reason of their Honorable order and employment of State and Iustice haue place and precedencie in all places and vpon all occasions before the yonger sonnes of Visconts and Barons and before all Baronets any custome vse ordinance or other thing to the contrarie notwithstanding But that no other person or persons whatsoeuer vnder the degree of Barons of Parliament shall take place before the said Baronets except only the eldest sonnes of Viscounts and Barons and others of higher degree whereof no question euer was or can bee made And in the same Decree his Maiestie further granted to knight the present Baronets which were then no Knights and that the heires males of the bodie of euerie Baronet hereafter when he shall be of XXI yeers Vpon knowledge thereof giuen to the Lord Chamberlaine of the Houshold or Vicechamberlaine for the time being or in their absence to any other Officer attending vpon his Maiesties person shall be Knighted by his Maiestie his heirs and successors And that the Baronets and their descendants shall and may beare either in a Canton in their Coat of Armes or in an Inscutcheon at their election the Armes of Vlster that is a field Argent a hand Gueules And also that the Baronets for the time being and the heirs males of their bodies shall haue place in the Armies of the Kings Maiestie his heirs and successors in the grosse neer about the Royall Standard of the King his heirs and successors for the defence of the same And lastly that the Baronets and the heirs males of their bodies shall haue two assistants of the Bodie to support the Pall a Principall Mourner and foure assistants to him at their funeralls being the meane betwixt a Baron and a Knight I haue transcribed this because out of it may be collected somwhat touching other Dignities and although a Baronet being a descendible honor is not properly mongst Knights yet because by the Decree a Knighthood is so due 〈…〉 it I shall not be much subiect to error of method for putting it here as occasion also was offerd Those of the BATH were anciently mongst the old Franks Prisci Franci saith f Idem mos in Hispanis olim Hieronym Roman apud Menen in Equest Ord. vbi de Banda Ad equestâ—em dignitatem veteres ritus solennes reuocasse Franciscum 1. Galliarum Regem scribit Hadr. Iunius in Batauiae cap. 19. Du Tillet ceremonias instituendis Equitibus multas adhibuerunt vt prius vigilarent diu Balneisque alijs rebus vterentur Quarum ceremoniarum vsus memoria nostra perstat in Anglia vbi viros eiusmodi vocant Balneorum Equites The eldest creation of them mongst vs rememberd is at the Coronation of Henrie IV. for to talk of Iulius Caesar's knights of the Bath is the worst of what is ridiculous Hee then in the Tower made XLVI and at Coronations Royall Marriages Christning or Knighting the Prince and such like were wont many to be made The particulars of the more ancient forme of Creation are at large by others g Segar Honor Milit. lib. 2. cap. 11. deliuerd and I had rather refer you to them then transcribe so much In these times the chief ceremonies are not much differing from the old that such as out of the fairest flowers of Nobilitie are to be thus honord the h Camd. in Ord. day before the creation heremit-like in ashcolour robes in a hood and a linnen cap and booted go to Praiers there to offer themselues first to God then attended euery one by two Esquires and a Page remember here the Trimarcisia which we speak of out of Pausanias they sup together Thence into a chamber Where euerie one hath his bed furnished with red Couering charged with his Armes and by his bathing Tub couerd with linnen clothes In this after some deuotions they wash themselues Next morning they are raised with Musique Then the Constable of England the Marshall and others hereto by the King appointed giue euery of them his oth binding him to the specall honor of God his Church and the King and to the defence of Widows Virgins Orphans Then vsherd by the Kings Musicians and Heralds they go in their Heremit-like weeds to Morning Prayer whence they
Grant is extant of u Pet. de Vineis lib. 6. Ep. 17 Frederique II. that a knight may be made quanquam pater suus Miles non fuerit nostris constitutionibus caueatur quod milites fieri nequeant qui de genere Militum non nascuntur In France it was x Belmanorian apud Tilium lib. 1. vide Ranulph de Glanuilla lib. 5. cap. 5. adiudged anciently that where the Lord of a Villain I vse the word as in our law had knighted his Villain being a Gentleman he became free and had the honor lawfully but if another had knighted him nothing had been wrought by it For none could manumit him but his Lord. And till Manumission or vnlesse knighthood had had Ciuill freedome for its ground he was not capable of it Neither there might any great man confer this dignitie vpon one which were not before a Gentleman without grieuous Mulct But the king only might do it And mongst old laws y Ex legib Hisp. Fr. Mennenius of Spain Quil bet Infancio euery Gentleman or hijdalgo potest esse Miles in Aragonia alij verò non Et si fortè non Infancio promoueatur per Ricum hominem ad Militiam perdit honorem quem tenebat Ricus homo one of their Ricos hombres vel si non tenebat nunquam tenere debet Et illi promotus semper remanet villanus sublato sibi equo armis Now to the dishonor of Merit and Noblesse how many most vndeseruing either for qualitie or parentage bear this most honorable Title But some ancient adiuncts to knighthood here next offer themselues They are chiefly The respect of the Honor to Possessions Their Martiall Equipage Their right of vsing a Seale The Aide a faire fitz Chiualer The Name and honorable regard to it and Degradation Of them all in their Order The Knights Feif or Fee is as commonly known by name as Knight But what it was or is is not to all known An old z testimonie makes it DC LXXX acres consisting of IV. Hydes Of Hydes before where of Barons Other certainties x Lib. Rub. Scaccarij are proposd for a Knights Fee anciently but * v. 4. Ed. 2. tit Auoury 200. in vain It s neerest truth to set no number of Acres nor quantitie of Territorie but only of Reuenue out of land which being XX l. yeerly was the value of a Knights Fee Remember what is alreadie deliuerd of an entire Baronie and the possessions of other dignities In them the Relief alwaies expresses the fourth part of the annuall reuenue by vertue of the Grand Charter which in this point was made in imitation of what was common law in the Relief of a Knights Fee being as appears by Glanuil and Geruase of Tilburie iust c. shilâ—ings What then more plainly could proue that the knights Fee that is the Possession fit for the maintenance of a Knight in those dayes was exactly land of X X l. yeerly And they which had such an estate might bee compelled to take and it seems of right demand a Knighthood Yet vnder Hen. the III. and Edward 〈◊〉 some of lesse Reuenue were calld to this Dignitie Anno sub eodem 1256 exijt edictum Regium saith Matth. Paris praeceptumque est acclamatum per totum Regnum Angliae vt quilibet qui haberet XV. libratas terrae supra armis redimitus tyrocinio donaretur vt Angliae sicut Italiae Militia Roboraretur Et qui nollent vel qui non possent honorem status Militaris sustinere pecunia se redimerent Heere XV. pound reuenue was the same and afterward all the a Matth. Paris pag. 1249. edit Lond. vbi legendum pro decem quindecem Shirifes of England were amerced euery one at fiue Marks in the Exchequer for not distraining the Tenants in their Countie according to that precept And other like examples are in themselues vnlike for value But by the Statute of Westminster 1. of Resonable Aide XX. pound Socage land and a Knights Fee are compar'd for like possessions and in I. Edward II. an act of Parlament was that if any were distrain'd to bee made Knight hauing neither in Fee nor for life twentie pounds reuenue and the same were prou'd vpon his complaint by inquest he should be discharg'd Nor that any man should be compell'd to bee a Knight before his full age of XXI years Yet after that the writs haue bin for such as had fortie pound yearly b 19. Ed. 2. Claus. memb 16. Dors. 7. Ed. 3. tit Auerment 37. Claus. 7. Ed. 3. part 1. Dors. memb 7. 22. both in Ed. II. and III. their times and of diuers succeeding And vnder Henry VI. the Chiefe Iustice c Babington 7. Hen. 6. sol 16. C. Sir Richard Haukesford of the Common Pleas sayes that the King might compell euery man of xll. yearly worth in lands to receiue Knighthood by writ out of the Exchequer and if they appear'd not at the first day but come after to take this order by rigour of Law they are not to be receiu'd but amerced for default Where he remembers that when writs in that kind went out at the second day a great Burgesse of Southwork able to dispend c. Marks yearly appear'd on whom they were vnwilling that the honor should be bestowed and after deliberation resolu'd that because hee came not the first day hee should not be Knighted This Census or Militarie value hath some proportion to that of the Ordo Equestris in Rome Their Ordo Equestris or secundus Ordo as they calld it in respect of the Senators being Ordo primus had it's known worth in possessions That worth was CD M. of their Sestertij in present estate of our sterling M. M. M. C. XXV pounds euery M. Sesterij or one Sestertium which are all one reckon'd at VII pounds XVI shillings III. pence Yet in those more ancient times of England when the relief of a Knights Fee and so a Knights Fee were truely known as now also too frequently this honor was giuen to such as had not any land twixt them and other a difference is made in d Roger. de Houeden part 2. pag. 424. lib. Rub. scaccarij Richard I. his edict of Torneaments Rex statuit Torniamenta fieri in Anglia charta sua confirmauit ita quod quicunque torniare vellet daret ei pecuniam secundum formam subscriptam videlicet Comes daret pro licentia torniandi XX. Marcas argenti Barones decem Marcas argenti Miles Terram habens IV. Marcas argenti Miles non habens Terram II. Marcas argenti Out of this Militarie Reuenue and the right of compulsion in the King to make the possessors Knights you may easily vnderstand what Pro respectu Militiae is in the Exchequer Rolls anciently and why in Enquests of Eires the presentations were of such as had a whole Knights Fee and were not Knighted being of full age In an Eire
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
is at this day with vs for Cause As for Gods sake and the like And Causa in Latine is taken anciently for a matter iudicially questiond Why then might not Sake be as that description before is or as our o Itin. Noting Br. Quo Warranto 2. Itin. Ed. 3. Kel fol. 145. alibi nec alitèr sanè Vet. leg Ed. Confessoris cap. 22. Common laws say it is a Conisans of pleas or libertie of amerciament which supposes a Conisans and so applied to signifie as in the genuin sense it interprets Causa for a Controuersie And that so should the right meaning of Sake bee is iustified out of an old p Itin. Temp. Ed. 3 fol. 150. §. 44. Eire where the libertie of Sake is allowd to euerie Lord by common right Vnderstand euery Lord of a Mannor For euery Mannor hath its Court. Euery Court its pleas and in those pleas amends and amerciaments for certain actions and selon la bas Iustice necessarily follow Out of this may be conceiud what the particle Sagi in Sagibaro is and that Sagibaro may be not ill turnd into Minister Mulctarum or Iudex Causarum or Mulctarum or the like which I the rather beleeue because in the ancient q Constit. Burgund cap. 76. laws of Burgundie one whose Office is neer what seems to haue been as the Sagibaro's is calld Witiscale which is verbally to be turnd Minister siue praefectus ad irrogandas mulctas or so For Wite a word vsd by Chaucer and others about his time is a Punishment or Mulct as in our words occurring in old monuments Blodwite Frithwite and the like And Scale is a Minister Officer or Seruant whence also the name Godsscale is the seruant of God So that as Scale is in Witiscale I suppose Baro in Sagibaro I haue thought that in this name of Sagibaro but differently applied might bee found that obscure word of our laws Saccabor Sathabor or Sacaburthe for in all these forms it is writen in som r Bract. de Corona cap. 32. 35. Briton cap. 15. 29. Bractons or Sakebere as Briton hath it I think so still For it was no vnfit name to call him Sakebere or Saccabor those come neerest to the right Orthographie for Sagibaro or Sakebar which prosecuted fresh suit against the thiefe as the Saccabor did and to that purpose is named interpreting there accusator or the Man accusing or prosecuting And from that sense may be vnderstood an s Trin. 35. Ed. 1 Ms. old Report wherein one Piers brought his action against the Prior of M. se pleint q'il luy auoit distrain a fere corporel serement sains especial comandement le Roy Encounter statut c. And the Auowrie was because the Prior ad sa Court â—en N. View de Frank plege poet pleder Sacrabar plainly it is for Sacabar ou vint vn W. le Moigne auoit embly vn surcote a la sute vn tiel fuit attache que fellonissement auoit emblee cel surcote ad de bien de mal se mit in bons gents de la Court la voloit il auer fait P. les auters veysins fere le serement P. le Counterdit per ont fuit agarde que il fuit distrain c. Demurrer was and Metingham chief Iustice thus pronounces his Iudgement Home vos ad demande le quel le Prior ad cele Franchise ou non per la ne respones nient pur ceo nous tenous agraunt vous nestes Soun tenant naues pas dedit ne que la laroun ne fuit prise oue Meynouere qu' il se mist en la Court de bon mal vous ne voiles aler a serement Home ne doit estre perdue en tel case perhaps pendue sauns serement de ces de la Court pur ceo Agard cest Court que vous ne pregnes ren per vostre breife eins sees en la mercy le Priour a Dieu This deriuation of it seems much more probable then that from Sikerborgh which some haue although I know in the old laws of t Quoniam Attach cap. 1. 100. videsis skenaeum in Sacreborgh Scotland our Sakebere is expressely writen in the printed books Siker-borgh which signifies a sure pledge But the proper prosecution of Sakebere in this sense was before pledges could be found and indeed was he that followd when the guiltie part was took with the main-auer that is hondhabend hauing the thing stolne in his hand which we corruptly now stile to bee taken with the a Meinouer in 1. Ed. 3. fol. 17. b. passim in Itinere Cantij 6. Ed. 2. Ms. male igitur ridicule Manuopere vocabulum illud translatum quod tamen Antiquitus erat in vsu. P. 44. H. 3. rot 8. manner They vsd for this also backberend i. bearing it on his back in like sense and words as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is mongst the Greeks And it may be doubted that Siker borgh hath crept of later time and by some Criticall mistaking into the Scotish laws for this Sakebere or Sagibaro vsd anciently it seems for plaintife or appellant I haue seen those which otherwise think but they perswade mee not In like sort perhaps the old German * Adnunc Careli apud Pistas apud Bignon in not ad Vet. Form Barigildi where such as being charged with accounts vpon receipt of the Crown reuenue of subsidies had thence their name For Geld or Gild is among other significations a payment or Tax or Tribute But this somwhat out of the way After those ancient laws the eldest autoritie of this name vsd for Men generally is in a French x Append Greg. Turonens siue lib. 11. cap. 41. storie Burgundiae Barones the words are tam Episcopi quà m caeteri leudes timentes Brunichildem c. i. The Men of Burgundie as well Bishops as other of the Common people For so Leudes signifies And anciently with vs here the Citizens of London were calld Barones London Cum impossibile sit saith an old Monument touching the pleas of the Crown held at the Tower for the Citie Baronibus vniuersis conciuibus London aliunde transire in placitis Coronae quam per manus Regis Iusticiariorum suorum Necesse est Baronibus ciuibus vniuersis gratiam beneuolentiam eorum captare And in a Writ of y Placit Hill 11. Hen. 3. rot 12. Dower brought for lands in the Suburbs veniunt Maiores alij Barones London et dicunt quod hoc spectat ad Communitatem Ciuitatis petunt libertatem suam habent So z Rot. Claus. 3. Ed. 1. memb 6. Barones de Feuersham and at this day the Barons of the Cinque Ports And more such are in Records and Storie of those times Neither did Barones so signifie otherwise then in later time Homines of such a Town which is very frequent and euery where Now as
are elswhere in the same Custamier rememberd and thus described Les Vauassouries sont tenues par Sommage per seruice de Cheual Which the Glosse interprets Parcemot par seruice de Cheual sont entendus Villains seruices qui se font a sac a somme lesquels on appelle coÌ„munement sommages so to distinguish this seruice de Cheual from militarie seruice known by the name of Chiualrie For that Somme and Sommage is questionlesse from the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. that which is laid on a Sumpter-horse either as his burden or as the Pack-saddle for easier carriage Whence they call such horses or other beasts so employ'd l Suidas Leâ— Tactic cap. 5. §. 7. cap. 6. §. 29. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because they beare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. burdens Hence had the Latins their m Lamprid. in Heliogabal vbi vide Is. Casaubon quin Isidor Origin 20. cap. 16. Sagmarij equi caballus sagmarius and mula Sagmaria and those of the later and more barbarous times turn'd it into Summarius and Saumarius from which Sommage and n Chart. de Forest artic 14. videsis Bracton lib. 2. cap. 16. §. 6. de vno equo sacco cum brochia Summagium easily grew vsd also in our Law After the Norman Conquest Vauassors were in England and by that name mention'd in the Laws of Henry 1. and perhaps were a kind of feudall dignities twixt Barons and Knights For Bracton reckoning Counts and Barons puts Vauasors before Knights and thus of them Sunt alij qui dicuntur Vauasores viri Magnae Dignitatis Vauasor enim nihil melius dici poterit quam vas sortitum ad valetudincm Speciall remembrance of this Dignitie in our English Monuments is seen scarcely and the Title long since worne away Yet Chaucer describing his Franklein whom hee makes a better Housâ—keeper then in hast are mongst the best to be now found thus mentions the Name At Sessions there was he Lord and Sire Full oft time he was Knight of the Shire An o Poygnard Anlace and p Pouch Gipsere all of Silke Hing at his girdle white as Morow milke A Sherife had he ben and a Countour Was no where soch a worthy Vauesour It 's likely that he gaue him this Title as the best and aboue what he had before commended him for Neither would he haue put it as an addition of worth to a Sherife and a Countour vnlesse it had bin of speciall note and honor For a Countour was if I am not deceiu'd a Sergeant at Law knwn also then by both names Countors sont Serieants saith the Mirror q â—bezle seigneur Coke en l'epist du 9. liure of Iustices sachans la ley del Royalm and the Custumier of Normandie Il est appelli Conteur que ascum establist à parler conter pour soy ea court The word is interpreted by Narrator Often in the Plea Rolls of Henry III. you haue per Narratorem suum In the old Scotish laws there are Subuasores which were as the Uauasini in the Empire Illi qui r Malcolm Mackeneth Leg. cap. 8. §. 8. tenent de Militibus qui vocantur Subuasores leges tenebunt c. and the Valuasores minores of the Empire were as the Milites or immediat seruants to Barons in Scotland The Ciuilians commonly deriue the word à Valuis quia asside bant valuis i. portis Dominorum on feast dayes I am very suspicious of their conceit But it will be clear that it 's compos'd at least in part out of Vassi or Vassall wherof presently speaking of Feuds The more common opinion of the beginning of Feuds Militarie The Feudall Customes by whom and when compos'd Nobilitie of the Empire grounded on Feuds A better and more true opinion of the Originall of Feuds as they came into the Empire 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Eastern Empire Vassi and Vassall Gaesa or Gaisi Communitie of Gu. Qu. and W. Guassdewr Vassallus if a dimmunitiue of Vassus A kind of Feuds very ancient in the Roman Empire The attendance of the Tenants of the Empire at the Coronation anciently Militarie Fiefs in England how before the Normans Expeditio Pontis extructio Arcis Munitio vsually reseru'd in the most indulgent Charters of the Saxon Kings Trinoda Necessitas Wardships In England and Scotland when First Deriuation of Feudum and Alodium A Charter of King Athelstan in rime The affectation of Riming Charters in that age CHAP. VIII OF Feudall Dignities thus much I so call them because their Origination as they now remaine Honorarie is chiefly referd to the first disposition of Territories and Prouinces in Feudall right vnder the French and German Empires The beginning of Feuds cannot but be here necessarie The common opinion supposes it in the Longobards or Lumbards a Northern Nation Their incursions into Italie vnde iura Feudorum saith Bodin in vniuersam Europam fluxerunt and greatnes there began vnder Iustin 11. about D LXX of our Sauiour Millan was their seat Royall and in it their first King Alboin inaugurated And it s commonly affirmd that they brought the more formall and frequent vse of Militarie Feuds thither with their other customs hauing had mongst themselues the vse of them very aucient Which it seems the Cimbrians vnder that name all Northern people of Europe specially were anciently comprehended and so in it the old Longobards thought of as a matter vsuall in their Nation when heretofore being bar'd out of Spain and Gaule they requested the Roman State s Florus lib. 3. cap. 3. vt Martius populus aliquid sibi terrae daret quasi stipendium Caeterum vt vellet manibus atque armis suis vteretur For Militarie Feuds had therin only their being that the Tenants should be readie for defence of their Lords with Martiall accoultrements When by the French Charlemagne the Lumbardian Kingdom ended these Feuds still remained and vnder him they were vsually giuen for life with Dignities annext And when in t A. DCCCXL Otho the Great the German Empire was hee made the Dignities Hereditarie in Feudall right as before is exprest The forms of the Fealtie and such like of these times are extant and inserted in Sigonius his Storie de Regno Italiae Of them in generall terms thus the Feudall customs Antiquissimo tempore sic er at in dominorum potestate connexum vt quando vellent possent auferre rem in feudum à se datum Postea verò eò ventum est vt per annum tantum firmitatem haberent Deinde statutum est vt vsque ad vitam fidelis produceretur Sed cum hoc iure successionis ad filios non pertineret sic progressum est vt ad Filias deueniret Those laws and customs belonging to them were composd as they now are vnder Frederique Barbarossa about M. C. L. by Gerard Neger and Obert de Orto