age called Dominae Ladies or Dames and in the Ciuill Law r ff de leg fideic 3. l. 41. Peto aâ—te Domina vxor and s ff de annuis leg l. Titia 19. §. 1. Domina sanctissima are words vsed by Husbands in their last Wills and Testaments to their wiues and in one place is found Iulia. t ff de legat 3. l. Pater 19. §. 4. Domina without respect to Husband or other whereupon a great Lawyer u Cuiac Obseruat 3 cap. 18. videsis Authentic 74. cap. 4. notes Matronae dicuntur etiam Dominae non respectu maritorum duntaxat quo modo ipsi quoque mariti ab vxoribus Domini appellantur sed etiam per se. So is that noble Lady to whom the II. Epistle of S. k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iohn is directed And the Constantinopolitan Empresse Irene wife to Alexius Comnenus is in their * Anna Comnen Alexiados 3. storie called simply 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And Iohn Bishop of Euchaita hath an Epigram 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the like occurring often in later Writers of those parts With vs anciently marriageable women were called Dominae One of the inquities y â—ract lib. de Corona cap. 1. in Rot. placit Hen. 3. de Itinere saepius Roger. de Houed n in Rich. 1. sol 445. in Eire was De Dominabus quae sunt esse debent de Donatione Domini Regis siue sint maritatae siue non There being another article de valectis puellis qui sunt esse debent in custodia Dominij Regis which was touching women within the age of XXI yeers For the Law seems that their z Idem lib. de acq rer dom 2. cap. 37. §. 3. Wardships so long then continued and that was their plenaria aetas But those Dominae were chiefly such as were out of Ward for their lands yet in the Kings bestowing For the ancient law here was that although after XXI yeers the Lord had not to do with the marriage of his male Ward yet for female heires the Lords were to prouide marriages at any age and as often as they were to marrie and although the ancestors were yet liuing yet must their consents haue been had the reason being giuen in respect that the seruices must be done by the husband a Glanuil lib. 7 cap. 12. ne de inimico suo vel alio modo minùs idonea persona Homagium de feodo suo cogatur Dominus recipere But this law was alterd into what it now is for common persons by the Statut of b Westm. 1. cap. 22. vide si de hijs velis Ioan. Briton lib. 3. cap. 67. III. Ed. I. And for the King by XXXIX Hen. VI. And in our old English Poets Dames i. Dominae is often for Women in generall as a speciall honor for that Sex being not out of vse with vs at this day nor with the French as also among the Italians Donne for them is familiar How Dominus was vsually wont to bee the title of euerie Curat added to his Christen name and is now familiar for Sir to euery Batcheler of Art in the Schools all men know and may therein obserue the most different notions and vses made of it Ciuilians will haue it so proper to their profession that all their Doctors must bee stiled by it Nec debent ab alijs saith Lucas de c Ad Cod. tit de Professor ib. L. vnica Penna quantumcunque Maximis in eornm literis appellari Fratres sed Domini Contrarium facientes puniendi sunt You cannot but here look for somwhat concerning Our Soueraigns ancestors their Title of Dominus Signior or Lord of Ireland which continued vntill Hen. VIII For this you must know that their title to Ireland is deriud from Henry II. although long before I mean in K. Edgars time good part of it was vnder the English Crown Edgars own words in a Charter dated the VI. of his raign and DCCCC LXIV of Christ are d Inspeximus Pat. 1. Ed. 4. part 6. memb 23 Mihi concessit Propitia Diuinitas cum Anglorum imperio omnia regna Insularum Oceani cum suis ferocissimis Regibus vsque Norwegiam maximámque partem Hiberniae cum sua nobilissima Ciuitate Dublinâ Anglorum regno subiugare quos etiam omnes meis imperijs colla subdare Dei fauente gratia coegi But this continued not in his successors Afterward the Isles grew too full of Petit Kings som of them conuerting their Gouernment into intollerable Tyrannie which others not induring made such a deuided State in it that occasion to inuade them might thence soon be taken by their neighbors Hereon a desire of the whole dominion of the Isle possest our Henry II. for which so were the times and seruile opinions then hee sent Embassadors to Pope Adrian the IV. this Adrian was his naturall subiect born at Langley in Hertfordshire and had to name e Camden in Cattieuchlan before he was Pope Nicholas Breakspeare entreating vt sibi liceret as the words of Matthew Paris are Hiberniae Insulam hostilitèr intrare terram subiugare atque homines illos Bestiales ad Fidem viam deducere veritatis extirpatis ibi plantarijs vitiorum and it was granted by a Bull among other things thus speaking illius Terrae Populus Te recipiat sicut DOMINVM veneretur iure ecclesiarum illibato integro permanente saluâ B. Petro de singulis Domibus annuâ vnius Denarij pensione Sanè omnes Insulas quibus Sol Iustitiae Christus illuxit quae documenta Fidei Christianae susceperunt ad ius S. Petri Sacrosanctae R. Ecclesiae quod tua etiam Nobilitas Recognoscit non ost dubium pertinere VVhich notwithstanding hee and all his Cardinals would neuer haue been able to proue Iohn of Sarisburie cited ordinarily as he was Iohn Bishop of Chartres had chief place in this Embassage beeing a man most deerly respected by the Bishop of Rome His f Metalogic 4. cap. 42. report of this matter is Ad preces mees Illustri Regi Anglorum Henrico secundo concessit speaking of the Pope dedit Hyberniam iure hereditario possidendam sicut literae ipsius Testantur in hodiernum diem Nam omnes Insulae de iure antiquo ex Donatione Constantini qui eam fundauit Dotauit dicuntur ad Romanam Ecclesiam pertinere By the way for that of Constantin's Donation a vext question if you read Vlrich Hutten Valla the Cardinall of Cusa Hierom Catthalan and others of that kind against this Donation but especially that g Bodin de Repub 1. cap. 9. Consulas Diphona Othonis Imp. editam inter Epistolas PP Syluest 2. pag. 73. note out of the Vatican where it being written in golden letters by one Ioannes Cognomento Digitorum is subscribed with this Quam Fabulam longi Temporis mendacia finxit you will scarce beleeu it for
more generall significations became to be what they are so this of Cnyht or Knight For plainly it s applied to the office to which their Honor bound them not to their age As appears in Our old word Rodknights that is Riding Knights f v. Verstegan pag. 319. or Knight riders which were such as held their lands by the seruice to Ride vp and down with their Lords de Manerio in Manerium which vnder Henrie III. before William of Ralegh was adiudged g Bracton lib. 2. de acq rer dom cap. 16. 35. to be cause of Ward and Marriage Stephen of Segraue being then as hee might haue good reason of a contrarie opinion They were called also Kadknights and in one that translated diuers of the Saxon laws they are thus rememberd Si hoc fit hee means if fighting were in domo hominis quem Angli vocant Radcniht alij verò Sexhendman The Sexhendman was the Saxon Sixhyndmon i. one whose worth was valued at DC shillings In our law they are stiled Milites and neuer Equites Yet so that Miles is taken for the self same with Chiualer For in the Writs of Parlament beeing in Latin to the Barons Chiualer is alwaies as an addition so exprest in French because it seems euery Baron fit for that Court is at least supposd to bee a Knight and most commonly is so And where in a Writ of h 30. Ed. 3. fol. 18. a. Mesne the Lord Paramount was namd Iohannes Tournour Miles and in the distringas ad acquietandum Iohannes T. Chiualer it was held in Court that no error was by the variance But in the common laws also Miles is aswell taken for others as for Knights Somtimes it goes for Miles gladio cinctus for one indeed Knighted as before in the Magna assisa eligenda and elswhere Other times and very often it is only for a Free-holder of lands by Knights seruice And against Miles and Tenant by Knights seruice were liber Sokemannus Burgensis Villanus Tenant in ancien demesn and Seruiens opposd Sokemans were but Tenants in socage which held by seruice of the Plough or such like Burgenses Burgesses men of Towns and Corporations of personall only not feudall worth Villain neer the like although applied afterward to Bondslaues Tenants in Ancient demesn although they had their large libertie of discharge and quiet as now yet were reckon'd so farre from the worth of old Tenants by Knights seruice that they had not rank mongst the Liberi homines Therefore in the writ of Right Close the Tenure must not be laid per liberum seruitium because saith the Register no Free man may bring that writ and whereas by the Statute of Merton quilibet liber homo may make an Attourney it was i Temp. Ed. 1. tit Attorney 102. le case 21. Ed. 1. Ms. pluis plein la est adiudge adiudged that Tenants in Ancient demesn were not in those words comprehended And in an action of Disceit against k Placit coram Rege de Temp. H. Bigod Pasch. 44. Hen. 3. Rot. 17. Berk. William Mamman and others by the Abbot of Beaulieu touching the Mannor of Farendon which the Abbot claim'd as ancient demesne by the gift of King Iohn the issue being whether part of it were Ancient demesne or no the Defendant Petit quod inquiratur per Milites praeceptum est Vicecomiti quod venire faceret coram H. le Bigod in proximo aduentu suo ad partes illas omnes Milites praedicti Comitatus ad recognoscendum c. Where note both Ancien demesn triable by the Country and also that Milites vsd for liberè tenentes as it were excluded the Abbots Tenants being by reason of their tenure not inter liberos legales Homines or fit to be in a Iurie These distinctions euen still hold By Seruientes l 22. Ed. 3. fol. 18. Seriants were those vnderstood which either by perpetuall couenant or temporary pay were bound to the warrs not by Tenure as the Milites or tenants by Knights seruice Nec miles nec seruiens litem audeat mouere saith one of m Radeuic de gest Frederic 1. lib. 1. cap. 26. Barbarossa's Militarie laws and vpon the writ of sending foure Milites to see the sick in an Essoin de Malo lecti it 's not sufficient saith Bracton si Vicecomes mittat seruientes milites enim esse debent propter verba breuis And these by reason of their pay which by couenants was most commonly for life or diuers continuall yeers were also calld Solidarij whence our word Souldiers the Spanish Soldado the French Soldat and such like because of the Soldata or Solidata the proper name of their Salarie which they receiu'd Soldata vero say the Feudalls dicitur quia plerunque in solidorum donatione consistit quandoque autem in Vino annona consistit I will not deriue here the n Caesar. de Bel. Gallic 3. Nicol. Damascen ap Athenaeum dipnos lib. 5. Soldarij or the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which are mention'd for such as liu'd as Deuoti Ambacti or neer followers about great men among the old Gaules I dare not what euer others Yet the name of Miles notwithstanding hath as well its fit application to a common hired souldier as to him that serues by reason of his tenure and so comprehends both them two and the personally honor'd Knight But them two by reason of their seruice to which their continuall rewards bind them the Knight because that after out of his own worth or hopefull forwardnes he is adiudged by some suprem Iudge of Chiualrie worthy that dignitie the character of his qualitie in his creation perpetually remains These Knights it seems were anciently call'd Baccalaurei or Bachelors a name corrupted out of Batalarij from the French Batailer perhaps that so they might be opposed against the Vexillarij or Bannerets of whom anon because the Bachelors displai'd not a Banner but only had good place of one in the armie and so exercis'd themselues in Battell whence the same name was it may o Ludouic Viues de Caus. corrupt Art lib. 2. be transfer'd to such as tooke the first degree 〈◊〉 the Militia Togata of the Vniuersitie The diligent and learn'd President of the Parlament at Rheims p In Cons. Britan art 88. Bertrand d'Argentre fetches the name of Bachelor from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so called in the Eastern Empire 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. because they followed the Armie and carried the Victuall For 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is saith q Constantin Themat 6. my Autor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. a kind of Cake or such like of a circular forme nam'd in the r C. tit de erogat milit annonae l. 1. de excoctione l. 2. Code Buccellatum and in some Graecians s Eustath Antecessor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 §. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉
the three reserud in King Iohns Grand Charter to be leuied without consent of Parlament Nullum so the words are o Charta ista est apud Matth. Paris in Annalibus Thomae Rudborne Monachi Wintonienses Ms. in the Kings person scutagium vel auxilium ponam in Regno nostro nisi per commune consilium Regni nostri nisi ad Corpus nostrum redimendum ad primogenitum Filium nostrum Militem faciendum ad primogenitam filiam nostram semel maritandam Et ad hoc non fiat nisi rationabile auxilium And in the same Nos non concedimus de caetero alicui quod capiat auxilium de liberis hominibus suis nisi ad corpus suum redimendum ad faciendum primogenitum Filium suum Militem ad primogenitam filiam suam semel Maritandam ad hoc non fiat nisi rationabile auxilium That aide de Rançon as it is calld in the Custumier of Normandie occurrs not as I remember in our Law annals printed but in the not publisht yeers of p 21. Ed. 1. fol. 66. Edward 1. a release by one Robert of Bentham to the Abbot of Ford is pleded of all seruices forspris suit reall reasonable aide pur luy reindre hors de prison ou ces heires quel heur qu' ils fussent enprisones From the Normans vntill Edward I. these Aides were all vncertain but to be leuied with moderation and according to the quantitie of the Tenants worth ne q Glanuil lib. 9 cap. 8. nimis grauari inde videatur vel suum contenementum amittere Neither was any certaintie of Age in the sonne and heire by the law known But in III. r West 1. cap. 36 Edward I. it was enacted that for the Knighting and marriage of a whole knights Fee should be XX. shillings giuen and of XX. pounds yeerly so cage as much and so pro rata and that none should bee leuied vntill the sonne and heire were of XV. yeers age and the daughter of VII But the King was not bound by this Statut extending only to common persons as appears by Records s Parl. 20. Ed. 3. Art 45. alibi of interceding time where the value leuied was greater Therefore by the act of XXV Edward III. the Kings Aides were brought to a like value All lands are subiect to these Aides except only ancient demesne and grand and petit serieantie Tenures as the law hath been t 11. Hen. 4. fol. 31. 10. Hen. 6. Auowry 267. Anc. dem 11. anciently deliuerd One that wrote a litle after the Statut of Westminster I. speaking of Auowrie for reasonable aide a faire fits eign Chiualer allows as good barres to the Auowrie for the tenant to plede that u Briton Chap de prises de auers the Father himself is no Knight or that the sonne is not yet of age pur ordre de Chiualler prendre so that one not knighted cannot claime this aide of his Tenants And the fit age to receiue the Order is fifteene according to that Statut although if the sonne and heire of a Tenant x 5. Iacob c. Sr Drue Drurie D. Coke part 6. Plowd c. Ratcliffe D. Coke part 8. c. Sr Henry Constable by Knights seruice be Knighted in his fathers life time at what age soeuer he is at his fathers death discharged of Wardship both of land and bodie and the Wardship of the bodie of one knighted within age after the death of his ancestor presently ends For the King being suprem Iudge of Chiualrie by knighting his subiect adiudges him fit for Knights seruice his deficiencie in which kind by reason of his age is entended by the law vntill one and Twentie vnlesse the king adiudge him otherwise For their Name that in all places except England hath its originall from a Horse the most vsuall beast of the Warres as the Roman Equites were titled from their Equus publicus being also before called y Iunius Gracchanus apud Plin. lib. 33. cap. 2. Celeres and Trossuli For to the Spaniards they are Caualleros to the Italians Cauallieri to the French Cheuallers all in their prouinciall tongues from the Latin Caballus and in the British Margoghs in like signification For as now so anciently Marc or Marg in that language as other more interpreted a Horse Whence euerie Knight with his two Esquires on Horseback in Brennus his armie was stiled z Pausanias in Phocicis Trimarcisia which though it bee applied to the Celts or Gaules mongst whom also Caesar specially reckons as their chief lay Order the Equites or Margoghs yet without much difficultie it may bee communicated to the Britons And the Germans call them Reytteren that is Ridars a word in a Buchanan Reb. Scot. lib. 7. in Malcolm 3. Scotland to this day vsed Old Rimes of b Ms. Of the Horse Sheep and Goose. Dan Lidgate Eques ab Equo is said of very right And Cheualier is said of Cheualrie In which a Rider called is a Knight Arragoners done also specifie Caballiero though all that partie Is name of Worship and so took his ginning Of Spores of gold and chiefly Riding As all these in this Western part expresse a speciall honor implying abilitie of martiall seruice with horse so the old Greeks attributed not to a great man a better name then what truly was the same with euery of those That is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whence Hecuba c Euripid. in Hecuba calls Polymestor King of Thrace 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and in Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nestor So the chief men and of best worth in d Herodot lib. 〈◊〉 Chalcis were known by the Title of Hippobatae i. Equites But our English calls them Knights the word signifying a Minister Scholer or Disciple Leornung Cnihts is vsd for the Disciples in the old Euangelists of the Saxons as most worthie Clarenceulx hath noted And it was taken also for the yonger sort Tyrones or such like For where the Latine of venerable Bede hath of King Sigibert instituit Scholam in qua Pueri literis erudirentur the e Habes apud Caium de Antiq. Cantabrig lib. 1. English-Saxon hath he sceole gesette on ðaere cnihtas geonge men gesette getyde laerde i. hee instituted a Schoole and placed in it Cnihtes Knights and yong men both furnished and learned At this day a Diener seruant or vallet is both in Alemanique and Belgique called Ein Knecht And to this sense in Cnichtas in the translation of Bede perhaps hath tyro and tyrocinium allusion in those Monks which thereby expresse somtimes a Knight and Knighthood But as it goes for the Titularie name of this Honor I suppose it rather for a Minister or Seruant denoting that one which had vndertaken the Order was a Martiall minister or seruant known and as it were in perpetuall seruice retained for the State And that as Comes and Baro from their