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land_n	grant_v	king_n	manor_n	2,135	5	9.7649	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59100	Tracts written by John Selden of the Inner-Temple, Esquire ; the first entituled, Jani Anglorvm facies altera, rendred into English, with large notes thereupon, by Redman Westcot, Gent. ; the second, England's epinomis ; the third, Of the original of ecclesiastical jurisdictions of testaments ; the fourth, Of the disposition or administration of intestates goods ; the three last never before extant.; Selections. 1683	Selden, John, 1584-1654.; Littleton, Adam, 1627-1694.; White, Robert, 1645-1703.; Selden, John, 1584-1654. Jani Anglorum facies altera. English.; Selden, John, 1584-1654. England's epinomis.; Selden, John, 1584-1654. Of the original of ecclesiastical jurisdiction of testaments.	1683 (1683)	Wing S2441; ESTC R14343	196,477	246

the whole Book p. 13 CHAP. X. The Druids reckoning of time An Age consists of thirty Years What Authors treat of the Druids Their Doctrines and Customs savour of Pythagoras and the Cabbalists They were the eldest Philosophers and Lawyers among the Gentiles Some odd Images of theirs in Stone in an Abby near Voitland described p. 15 CHAP. XI The Britans and Gauls had Laws and Customs much alike and whence that came Some things common to them both set down in relation to the breeding of their Children the Marrying of their Wives the Governing of their Families burning Women that killed their Husbands and burning some Servants with the dead Master for company Together with some Remarks of their publick Government p. 16 CHAP. XII Women admitted to publick debates A large commendation of the Sex together with a vindication of their fitness to govern against the Salick Law made out by several examples of most Nations p. 18 CHAP. XIII Their putting themselves under protection by going into great mens service Their Coins of money and their weighing of it Some sorts of flesh not lawful to be eaten by them p. 21 CHAP. XIV Community of Wives among the Britans used formerly by other Nations also Chalcondylas his mistake from our Civil Custom of Saluting A rÄ—buke of the foolish humour of Jealousie p. 22 CHAP. XV. An account of the British State under the Romans Claudius wins a Battel and returns to Rome in Triumph and leaves A. Plautius to order affairs A Colony is sent to Maldon in Essex and to several other places The nature of these Colonies out of Lipsius Julius Agricola's Government here in Vespasian's time p. 24 CHAP. XVI In Commodus his time King Lucy embraces the Christian Religion and desires Eleutherius then Pope to send him the Roman Laws In stead of Heathen Priests he makes three Arch-Bishops and twenty eight Bishops He endows the Churches and makes them Sanctuaries The manner of Government in Constantine's time where ends the Roman account p. 27 CHAP. XVII The Saxons are sent for in by Vortigern against the Scots and Picts who usurping the Government set up the Heptarchy The Angles Jutes Frisons all called Saxons An account of them and their Laws taken out of Adam of Bremen p. 29 CHAP. XVIII The Saxons division of their people into four ranks No person to marry out of his own rank What proportion to be observed in Marriages according to Policy Like to like the old Rule Now Matrimony is made a matter of money p. 30 CHAP. XIX The Saxons way of judging the Event of War with an Enemy Their manner of approving a proposal in Council by clattering their Arms. The Original of Hundred-Courts Their dubbing their Youth into Men. The priviledge of young Lads Nobly born The Morganheb or Wedding-dowry p. 32 CHAP. XX. Their severe punishments of Adultery by maiming some parts of the body The reason of it given by Bracton The like practised by Danes and Normans p. 33 CHAP. XXI The manner of Inheriting among them Of deadly Feuds Of Wergild or Head-money for Murder The Nature of Country-Tenures and Knights Fees p. 36 CHAP. XXII Since the return of Christianity into the Island King Ethelbert's Law against Sacriledge Thieves formerly amerced in Cattel A blot upon Theodred the Good Bishop of London for hanging Thieves The Country called Engelond by Order of King Egbert and why so called The Laws of King Ina Alfred Ethelred c. are still to be met with in Saxon. Those of Edward the Confessor and King Knute the Dane were put forth by Mr. Lambard in his Archaeonomia p. 37 CHAP. XXIII King Alfred divides England into Counties or Shires and into Hundreds and Tythings The Original of Decenna or Court-leet Friburg and Mainpast Forms of Law how People were to answer for those whom they had in Borgh or Mainpast p. 39 CHAP. XXIV King Alfred first appointed Sheriffs By Duns Scotus his advice he gave Order for the breeding up of Youth in Learning By the way what a Hide of Land is King Edgar's Law for Drinking Prelates investiture by the Kings Ring and Staff King Knute's Law against any English-man that should kill a Dane Hence Englescyre The manner of Subscribing and Sealing till Edward the Confessor's time King Harold's Law that no Welch-man should come on this side Offa's Dike with a weapon p. 41 CHAP. XXV The Royal Consorts great Priviledge of Granting Felons Estates forfeited to the King Estates granted by the King with three Exceptions of Expedition Bridge and Castle The Ceremony of the Kings presenting a Turf at the Altar of that Church to which he gave Land Such a Grant of King Ethelbald comprized in old Verse p. 43 THE CONTETNS BOOK II. CHAP. I. WIlliam the Conquerour's Title He bestows Lands upon his followers and brings Bishops and Abbots under Military service An account of the old English Laws called Merchenlage Danelage and Westsaxen-lage He is prevailed upon by the Barons to govern according to King Edward's Laws and at S. Albans takes his Oath so to do Yet some new Laws were added to those old ones p. 47 CHAP. II. The whole Country inrolled in Dooms-day Book Why that Book so called Robert of Glocester's Verses to prove it The Original of Charters and Seals from the Normans practised of old among the French Who among the Romans had the priviledge of using Rings to seal with and who not p. 51 CHAP. III. Other wayes of granting and conveying Estates by a Sword c. particularly by a Horn. Godwin's trick to get Boseham of the Arch-Bishop of Canterbury Pleadings in French The French Language and Hand when came in fashion Coverfeu Laws against taking of Deer against Murder against Rape p. 54 CHAP. IV. Sheriffs and Juries were before this time The four Terms Judges to act without appeal Justices of Peace The Kings payments made at first in Provisions Afterwards changed into Mony which the Sheriff of each County was to pay in to the Exchequer The Constable of Dover and Warder of the Cinque Ports why made A disorder in Church-affairs Reformed p. 56 CHAP. V. William Rufus succeeds Annats now paid to the King Why claimed by the Pope No one to go out of the Land without leave Hunting of Deer made Felony p. 59 CHAP. VI. Henry the First why called Beauclerk His Letters of Repeal An Order for the Relief of Lands What a Hereot was Of the Marriage of the Kings Homagers Daughter c. Of an Orphans Marriage Of the Widows Dowry Of other Homagers the like Coynage-money remitted Of the disposal of Estates The Goods of those that dye Intestate now and long since in the Churches Jurisdiction as also the business of Wills Of Forfeitures Of Misdemeanors Of Forests Of the Fee de Hauberk King Edward's Law restored p. 60 CHAP. VII His order for the restraint of his Courtiers What the punishment of Theft Coyners to lose their Hands and Privy members Guelding a kind of death What Half-pence and

to have it so understood 38. King Edgar like a King of good Fellows or Master of Revels made a Law for Drinking He gave order that studs or knobs of Silver or Gold so Malmsbury tells us should be fastned to the sides of their Cups or drinking Vessels that when every one knew his mark or boundary he should out of modesty not either himself covet or force another to desire more than his stint This is the only Law before the first Parliament under King James has been made against those Swill-bowls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Swabbers of drunken Feasts and lusty Rowers In full brimm'd Rummers that do ply their Oars who by their carowses tipling up Nestor's years as if they were celebrating the Goddess Anna Perenna do at the same time drink others Healths and mischief and spoil their own and the Publick 39. There was no choice of Prelates these are the words of Ingulph again that was merely free and canonical but the Court conferred all Dignities as well of Bishops as of Abbots by the Kings Ring and Staff according to his good pleasure The Election or choice was in the Clergy and the Monks but they desired him whom they had chosen of the King Edmund in King Ethelred's time was after this manner made Bishop of the Holy Island on the Coast of Northumberland And King Edgar in his Patent which he signed to the Abby of Glastenbury retained to himself and his Heirs the power of bestowing the Pastoral Staff to the Brother Elect. 40. To as many as King Knute retained with him in England to wit to the Danes for by their hands also was the Scepter of this Kingdom managed it was granted that they should have a firm peace all over so that if any of the English killed any of those men whom the King had brought along with him if he could not clear himself by the Judgment of God that is by Ordeal to wit by water and burning hot iron Justice should be done upon him But if he run away and could not be taken there should be paid for him sixty six marks and they were gathered in the Village where the Party was slain and therefore because they had not the murderer forth coming and if in such Village by reason of their poverty they could not be gathered then they should be gathered in the Hundred to be paid into the Kings Treasure In this manner writes Henry Bracton who observes that hence the business of Englishshire came into fashion in the Inquests of murder 41. Hand-Writings i.e. Patents and Grants till Edward the Confessors time were confirmed by the subscriptions of faithful Persons present a thing practised too among the Britans in King Arthur's time as John Price informs us out of a very ancient Book of the Church of Landaff Those subscriptions were accompanied with Golden Crosses and other sacred Seals or like stamps 42. King Harald made a Law that whosoever of the Welch should be found with a Weapon about him without the bound which he had set them to wit Offa's dike he should have his Right Hand cut off by the Kings Officers This dike our Chorographer tells us was cut by Offa King of the Mercians and drawn along from the mouth of the River Dee to the mouth of the River Wye for about eighty miles in length on purpose to keep the English and Welch asunder CHAP. XXV The Royal Consorts great Priviledge of Granting Felons Estates forfeited to the King Estates granted by the King with three Exceptions of Expedition Bridge and Castle The Ceremony of the Kings presenting a Turf at the Altar of that Church to which he gave Land Such a Grant of King Ethelbald comprized in old Verse THe Donations or Grants of the Royal Consort though not by the Kings Authority contrary to what the Priviledge of any other Wife is were ratified also in that Age as they were by the Roman Law Which by the Patent of Aethelswith Wife to Burghred King of the Mercians granted to Cuthwuls in the year 868. hath been long since made out by Sir Edward Coke Lord Chief Justice of the Common Pleas Where also King Ethelred's ancient Charter proves that the Estates of Felons those I mean who concern themselves in Burglaries and Robberies are forfeited to the King Having already mentioned those Hand-writings or Grants which are from one hand and t'other conveyances of Tenure the fewel of quarrels I have a mind over and above what has been said to set down also these Remarks as being to our purpose and taken from the Saxons As for instance that those are most frequent whereby Estates are conveyed to be held with the best and fairest right yet most commonly these three things excepted to wit Expedition Repairing of Bridges and Building of Castles And that those to whom the Grants were made were very seldom acquitted upon this account These three exceptions are noted by the term of a three-knotted necessity in an old Charter wherein King Cedwalla granted to Wilfrid the first Bishop of Shelsey in Sussex the Village of Paganham in the said County For though in the Grants of King Ethelulph the Church be free says Ingulph and there be a concession of all things for the release of our Souls and pardon of our sins to serve God alone without Expedition and building of Bridge and fortifying of Castle to the intent that the Clergy might wholly attend Divine Service Yet in that publick debate of Parliament in the Reign of Henry the third concerning the ancient State Freedom and Government of the English Church and concerning the hourly exactions of the Pope and the Leeches Jugglers and Decoys of Rome that strolled up and down the Country to pick Peoples Pockets to the great prejudice of the Common-wealth they did indeed stand for the priviledge of the Church and produced as Witnesses thereof the Instruments and Grants of Kings who nevertheless were not so much inclined to countenance that liberty of the Church but that as Matthew Paris observes They always reserved to themselves for the publick advantage of the Kingdom three things to wit Expedition and the repairing or making up of Bridge or Castle that by them they might withstand the incursions of the Enemy And King Ethelbald hath this form I grant that all the Monasteries and Churches of my Kingdom be discharged from publick Customs or Taxes Works or Services and Burdens or Payments or Attendances unless it be the building and repairing of Castles or Bridges which cannot be released to any one I take no notice how King Ethelred the twelfth perhaps but by no means the fifteenth wherein an Historian of ours has blundred hath signed the third year of his Reign by the term of an Olympiad after the manner of the Greek computation or reckoning As likewise I pass other things of the like kind which are many times used and practised according to the

carcerem detrudantur omnia quae ipsius sunt ad fisci commodum seisiantur XXXIII If the instituted Comptrollers fail in that trust committed to them de catallis suis in misericordia Regis remaneant XXXIV An Aid of 5 s. the hide was taken through the Kingdom for collection were Commissions granted and power of conventing the Land tenants and charging them by Oath to make true report of Hides in every Mannor Ad poenam verò Juratorum qui aliquid contra Juramentum suum celaverint in hoc negotio statutum erat quod quicunque Rusticus convictus fuisset de perjurio daret domino meliorem bovem de carucâ suâ insuper responderet de proprio ad opus D. Regis tantum pecuniae quantum fuisset declaratum per suam perjuriam fuisse celatum Si verò liber homo by the opposite of the title Rusticus I conceive generally Tenants in ancient demesne which are not allowed the addition of Freeman and Copyholders convictus fuisset esset in misericordià Regis insuper refunderet de proprio ad opus D. Regis quantum fuerit per eum celatum sicut Rusticus XXXV Statutum fuit quod quilibet Baro cum Vicecomite faceret districtiones super homines suos si per defectum Baronum districtiones factae non fuissent caperetur de dominico Baronum quod super homines suos restaret reddendum ipsi Barones ad homines suos inde caperent libera feoda Ecclesiarum parochialium de hoc Tallagio excipiebantur omnes excaet Baronum quae fuerunt in manu Domini Regis communicaverunt XXXVI Serganteriae D. Regis quae non erant de feodis militum excipiebantur Take it of Graund or petit Serjeanty and it fully accords with some Term Books of later times allowed and published Capitula Placitorum Coronae D. Regis WHereof Hugh Bardulph Roger Arundel and Geffrey Harset Justices in Eire through the Northern parts held Plea XXXVII De omnibus assisis de magnis assisis usque ad X. libratas terrae infrá XXXVIII De Advocationibus Ecclesiarum capiantur coram eis electiones magnae assisae per mandatum D. Regis vel ejus capitalis Justittae XXXIX De Ecclesiis vacantibus vel non vacantibus quae fuerunt de donatione D. Regis XL. De Excaetis D. Regis XLI De Donationibus de valectis puellis quae sunt vel esse debent in donatione D. Regis de valentiis terrarum suarum si quis eorum vel earum sit maritatus inquiratur cui per quem à quo tempore XLII Quae viduae non finierunt pro se maritandis finis capiatur ad opus D. Regis XLIII De Serganteriis D. Regis quis ea habet per quem quantum valent qui finem non fecerunt ad auxilium Domini Regis look before in art xxxvii qui fecerunt finis capiatur XLIV De usuris Christianorum eorum catallis qui sunt mortui XLV De illis qui sunt in misericordiâ Regis non amerciati XLVI De purpresturis D. Regis XLVII De viis D. Regis estreciatis XLVIII De thesauris inventis XLIX De malefactoribus eorum receptoribus L. De fugitivis retatis reversis post ultimam assisam LI. De omnibus ponderibus mensuris ulnis renovatis si IV. homines refer hither the xxxii Article qui sunt attornati ad haec custodienda in unaquâque villâ fecerint quod inde statutum est si attachiaverint transgressores illius assisae si non attachiaverint prout debent puniantur sicut ipsi transgressores LII Totum vinum illius qui vendidit contra assisam capietur ad opus D. Regis praetereà Dominus vini venditores sint in misericordiâ Regis LIII Of defaults in the Commissioners appointed for levying the aids LIV. De Custodibus portuum maris si quid receperunt quod non reddiderunt si mercedem aliquam receperunt pro jure Regis retinendo si quis aliquid receperit qui non fuerit ad hoc attornatus The Justices of the Forest H●gh of Nevill chief Justice Hugh Wac and Ernise of Nevil made their Circuits authorised by the King's Commission that in every County where they were to pass they should call before them ad placita forestae Archbishops Bishops Earls Barons all Free-holders the chief of every Town and IV. Yeomen ad audienda praecepta Regis Haec est assisa D. R. haec sunt Praecepta de forestis suis in Anglia facta per assensum Consilium Archiepiscop Episc Abbat Comit. Bar. Militum totius regni LV. THat none should trust in hope of easie composition for offences touching Venison or other matters of the Forest but that Justice should be done to the Convict qualis facta fuit tempore Henr. avi patris D. Regis viz. ut amittant oculos testiculos LVI That none presume to keep Bowes Arrowes Grey-hounds or other Dogs in the King's Forest nisi habeant ipsum R●gem ad Warrantum suum vel aliquem alium qui eum possit inde warrantizare LVII Quod nullus donet vel vendat aliquid ad destructionem bosci sui vel ad wastum quae sit infrà forestam Regis sed concedit bene quod capiant de boscis suis quod necesse eis fuerit sine wasto hoc per visum forestarii sui viridariorum suorum LVIII Quod omnes illi qui boscos habent infrà metas forestae D. Regis ponant idoneos forestarios in boscis suis de quibus forestariis ipsi quorum bosci fuerint sint plegii vel tales inveniant plegios idoneos qui possunt emendare si forestarii in aliquo forisfecerint quod D. Regi pertineat LIX That the King's Foresters take special survey lest other Mens Woods intrà metas forestae be destroyed sciant benè illi quorum bosci fuerint quòd de ipsismet vel de eorum terris capietur emendatio non de alio LX. Quod sui forestarii jurent quod secundùm omne posse suum tenebunt ejus assisam qualem eam fecit de forestis suis quòd non vexabunt milites neque probos homines de hoc quod D. Rex iis concessit de boscis eorum LXI That in every County where he hath Venison there be placed XII milites ad custodiendam venationem suam viride in forestis suis quod IV. milites ponantur ad adgistandos boscos suos ad recipiendum pannagium suum custodiendum defendendum LXII Quod nullus adgistet boscos suos infra metas forestae I think you had need translate metas into regard oft-times among these Orders antequam bosci eorum adgistentur Et est sciendum quod incipit adgistamentum D. Regis XV. Dies ante Festum

nor upon the death of Arch-Bishop or Bishop or Abbot will I take any thing of the domain of the Church or of the men thereof till a Successor enter upon it And all evil Customs wherewith the Kingdom of England was unjustly oppressed I do henceforward take away which evil usages I do here in part set down 18. If any one of my Barons Counts or others that hold of me shall dye his Heir shall not redeem his Land as he was wont to do in the time of my Father but relieve it with a lawful and due relief In like manner also shall the Homagers or Tenants of my Barons relieve their Lands from their Lords with a lawful and just relief It appears that in the times of the Saxons a Hereot was paid to the Lord at a Tenants death upon the account of provision for War for here in Saxon signifies an Army and that which in our memory now in French is called a Relief Henry of Bracton sayes 't is an engagement to recognize the Lord doth bear a resemblance of the ancient Hereot Thereupon it is a guess saith William Lambard that the Normans being Conquerors did remit the Hereot to the Angles whom they had conquered and stripped of all kind of Armour and that for it they exacted money of the poor wretches To this agrees that which is mentioned in the State of England concerning the Nobles of Berkshire A Tain or Knight of the Kings holding of him did at his death for a Relief part with all his Arms to the King and one Horse with a Saddle and another without a Saddle And if he had Hounds or Hawks they were presented to the King that if he pleased he might take them And in an ancient Sanction of Conrade the First Emperour of Germany If a Souldier that is Tenant or Lessee happen to dye let his Heir have the Fee so that he observe the use of the greater Vavasors in giving his Horses and Arms to the Seniors or Lords John Mariana takes notice that the word Seniors in the Vular Languages Spanish Italian and French signifies Lords and that to have been in use from the time of Charlemain's Reign But these things you may have in more plenty from the Feudists those who write concerning Tenures 19. If any of my Barons or other men Homagers or Tenants of mine I return to King Henry's Charter shall have a mind to give his Daughter or Sister or Niece or Kinswoman in marriage let him speak with me about it But neither will I take any thing of his for this leave and licence nor will I hinder him from betrothing her except he shall have a design of giving her to an enemy of mine 20. If upon the death of a Baron or any other Homager of mine there be left a Daughter that is an Heiress I will bestow her with the advice of my Barons together with her Land 21. If upon the death of the Husband his Wife be left without Children she shall have her Dowry and right of Marriage as long as she shall keep her body according to Law and I will not bestow her but according to her own liking And if there be Children either the Wife or some one else near of kin shall be their Guardian and Trustee of their Land who ought to be just 22. I give order that my Homagers do in like manner regulate themselves towards the Sons and Daughters and Wives of their Homagers 23. The common Duty of Money or Coinage which was taken through all Cities and Counties which was not in the time of King Edward I do utterly forbid that henceforward this be no more done 24. If any one of my Barons or Homagers shall be sick and weak according as he himself shall give or order any one to give his money I grant it so to be given but if he himself being prevented either by Arms or by Sickness hath neither given his money nor disposed of it to give then let his Wife or Children or Parents and his lawful Homagers for his souls health divide it as to them shall seem best And in Canutus his Laws Let the Lord or Owner at his own discretion make a just distribution of what he hath to his Wife and Children and the next of kin But at this time and long since Church men have been as it were the Distributors and Awarders of the Goods of such persons as dye Intestate or without making their Wills and every Bishop as Ordinary in his own Diocess is the chief Judge in these cases John Stratford Arch-Bishop of Canterbury saith it and it is averred in the Records of our Law that this Jurisdiction also concerning Wills was of old long time ago in an ancient Constitution intrusted to the Church by the consent of the King and Peers However in what Kings time this was done neither does he relate nor do I any where find as William Lindwood in his Provincial acknowledgeth It is a thing very well known that after Tryal of right Wills were wont to be opened in the Ecclesiastical Court even in the Reign of Henry the Second Ralph Glanvill is my witness contrary to what order was taken in the Imperial Decrees of the Romans And peradventure it will appear so to have been before Glanvill as he will tell you if you go to him although you have quoted by my self some where a Royal Rescript or Order to a High Sheriff That he do justly and without delay cause to stand i. e. appoint and confirm a reasonable share to such an one that is that the Legatee may obtain and enjoy his right what was bequested to him by the Sheriffs help I come back now to my track again 25. If any one of my Barons or Homagers shall make a forfeit he shall not give a pawn in the scarcity of his money as he did in the time of my Brother or my Father but according to the quality of his forfeiture nor shall he make amends as he would have done heretofore in my Brothers or Fathers time 26. If he shall be convicted of perfidiousness or of foul misdemeanors as his fault shall be so let him make amends 27. The Forests by the common advice of my Barons I have kept in mine own hand in the same manner as my Father had them 28. To those Souldiers or Knights who hold and maintain their Lands by Coats of Male that is per fee de Hauberke that they may be ready to attend their Lords with Habergeons or Coats of Male compleatly armed Cap a pee I grant the plough-Plough-lands of their Domains acquitted from all Gelds and from every proper Gift of mine that as they are eased from so great a Charge and Grievance so they may furnish themselves well with Horse and Arms that they may be fit and ready for my service and for the defence of my Realm 29. I restore unto you the Law of King Edward with other amendments

we find there Centum solidi dentur vel marca auri where if solidi stand for shillings for they may be taken for soulx as the French call them a Mark of Gold is made of equal value with 5 l. Sterling And thus three hundred Marks of Gold come to Fifteen hundred pound I confess after all most of these accounts of the Mark Gold or Silver may be admitted of as having possibly at some time or other been true since mony both in its Coyns and Summs hath in several Ages of the World risen and fallen according to its plenty or scarcity Lin. 42. Being arighted and accused of any matter Or rather in the Law-spelling arrested in Latin rectatus that is ad rectum vocatus convened before a Magistrate and charged with a crime Thus ad rectum habere is in Bracton to have a man forth coming so as he may be charged and put upon his tryal It may be also rendred taken upon suspicion It is written sometime retatus and irretitus Pag. 70. lin 33. To give suretiship for the Remainder I confess I do not well know how to apply to this place that sense which our Common Law takes the word Remainder in for a power or hope to enjoy Lands Tenements or Rents after anothers estate or term expired when an estate doth not revert to the Lord or Granter of it but remains to be enjoyed by some third person What if we say that as Bishops could not because their estates are of Alms grant any part of their Demeans ad remanentiam for ever or to perpetuity so here Excommunicate persons were not obliged dare vadium ad remanentiam to find sureties for continuance or for perpetuity that is for their future good behaviour but only to stand to the judgement of the Church in that particular case for which they were at present sentenced CHAP. XI Pag. 72. lin 24. If a Claim or Suit shall arise In the Latin si calumnia emerserit a known and frequent word in our Law which signifies a Claim or Challenge otherwise termed clameum Lin. 37. Till it shall by Plea be deraigned or dereyned which is in French dereyné in the Latin disrationatum which as it hath several significations in Law so here it imports after a full debate and fair hearing the determination of the matter by the judgement of the Court. CHAP. XII Pag. 75. lin 2. By the name of Yumen The same say some as the Danes call yong men Others derive the word from the Saxon geman or the old Dutch Gemen that is common and so it signifies a Commoner Sir Tho. Smith calls him Yoman whom our Laws term legalem hominem a Free-man born so Camden renders it by Ingenuus who is able to spend of his own free Land in yearly Revenue to the summ of Forty Shillings such as we now I suppose call Free-holders who have a Voice at the Election of Parliament-men But here the word is taken in a larger sense so as to include servile Tenure also or Villenage CHAP. XIII Pag. 77. lin 5. Leude-men From the Saxon Leod the common people It signified in Law a Subject a Liege man a Vassal a Tenant hence in High-dutch a Servant was called Leute in Old English a Lout But in common acception Lewd was formerly taken for a Lay-man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one of the people or for any illiterate person Now it is used to denote one who is wicked or loose and debauched CHAP. XIV Pag. 79. lin 8. The States of the Kingdom the Baronage He means the whole Parliament and not only the House of Lords by the word Baronage For though by Barons now we properly understand the Peers of the Realm yet anciently all Lords of Manours those who kept Court-Baron were styled Barons Nay Spelman tells us that all Free-holders went by that name before the Free-holds were quit letted out into such small pittances as now they are while Noble-men kept their Lands in their own hands and managed them by their Vassals Cowell gives this further account of those Lords of Manours that he had heard by men very learned in our Antiquities that near after the Conquest all such came to Parliament and sate as Nobles in the Upper House But as he goes on when by experience it appeared that the Parliament was too much pestered with such multitudes it grew to a custom that none should come but such as the King for their extraordinary wisdom or quality thought good to call by Writ which Writ ran hâc vice tantùm that is only for this turn So that then it depended wholly upon the Kings pleasure And then he proceeds to shew how after that they came to be made Barons by Letters Patents and the Honour to descend to their posterity Lin. 27. By way of safe pledge That is to oblige them to give security for the parties appearance against the day assigned who in case of default were to undergo the dammage and peril of it Pag. 80. lin 7. St. Peter's pence These Peter-pence were also called in Saxon Romescot and Romefeoh that is a Tribute or Fee due to Rome and Rome-penny and Hearth-penny It was paid yearly by every Family a Penny a house at the Feast of S. Peter ad Vincula on the first day of August It was granted first sayes our Author out of Malmesbury by Ina or Inas King of the West-Saxons when he went on Pilgrimage to Rome in the year of our Lord 720. But there is a more clear account given by Spelman in the word Romascot that it was done by Offa King of the Mercians out of an Author that wrote his Life And it is this That Offa after thirty six years Reign having vowed to build a Stately Monastery to the memory of St. Alban the British Protomartyr he went on Pilgrimage to Rome Adrian the First then Pope to beg Indulgences and more than ordinary Priviledges for the intended work He was kindly received and got what he came for and the next day going to see an English School that had been set up at Rome he for the maintenance of the poor English in that School gave a Penny for every house to be paid every year throughout his Dominion which was no less than three and twenty Shires at that time only the Lands of S. Alban excepted And this to be paid at the Feast of S. Peter because he found the body of the Martyr on that day for which reason it was also called S. Peter's Penny And although at last these Peter-pence were claim'd by the Pope as his own due and an Apostolical right yet we find that beside the maintenance of a School here mentioned for which they were first given they have by other Kings been appropriated to other uses Thus we read that Athelwolf Father to King Alured who was the first Monarch of this Isle granted three hundred Marks the summ total of the Peter-pence here bating only an odd Noble to be paid yearly