according to their quantitie Hydage Then follows Terrae quae sunt extra Hydam quae non dant Hydagium with a catalogue of diuers tenants names lands and tenures and subscription of Non dat Hydagium nec facit Forinsecum and it seems that all of them were such as had discharge of Hydage by clayming vnder the seisin of the Abbots after the immunitie granted But at a Court holden there not long after the presentment was expressely In Cranfeild sunt XII Hydae vna Virgata dimidia vna Cotland quae continet Tertiam partem vnius Virgatae praeter Dominicum Curiae quod non scitur quantum contineat Sic computatur quantum ad Abbatem Tota enim Villata cum Dominico computatur quantum ad Regem pro X Hydis Quatuor Virgatae faciunt Hydam XLVIII Acrae faciunt Virgatam So that by their account CXCII Acres made a Hyde I offer this to consideration about the Hyde and leauing what others haue spoken of it but to no sufficient satisfaction I for this place also leaue it Some other matters in that Saxon fragment ingeniously I acknowledge passe my conceit nor can I yet vnderstand them Those Thanes are in old Charters comprehended if I deceiue not my self vnder name of Ministri and Ministri Regis In the subscription to K. Edreds to the Abbot of Crowland after the Lords spirituall the Eorles and Eoldormen by the title of Duces or Comites and Vicecomites follow ✚ Ego Harceus Minister interfui ✚ Ego Athelwardus Minister aspexi and in one of K. Cnut dated M. XXXII ✚ Ego Turkillus Minister Regis audiui ✚ Ego Alfgerus Minister Regis aspexi and diuers like are in others the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being truly interpreted by Minister or Seruiens whence in the Princes word Ic Dien is for Ic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Ego seruio They were calld also Tanij In Domesday Tanius vel Miles Regis Dominicus moriens pro Releuamento dimittebat Regi omnia arma sua equum vnicum cum Sella alium sine Sella Vnderstand of the Kings Thanes in Barkshire only and note that Releuamentum is there only for the Saxon Heregeat as our Heriot i. a Payment or Dutie to the Lord. It s commonly affirmd that before the Normans the name of Baron was not in vse here I will not bee against it although in K. Cnuts laws of the Forest occurrs Episcopi Abbates Barones non calumniabuntur pro venatione si non Regales feras occiderint And notwithstanding that in the Confessors laws Barones are so reckond also after Comites I impute both these testimonies to later time and translation out of Saxon into Latin vnder the Normans as also that of the same Kings laws cited by most learned Camden to this purpose in these words Exercituale Vitonis siue Baronis Regis qui est proximus ei quatuor Equi Vnderstand by Exercituale a Heryot But the Saxon of that remains and speaks in this manner And syþþan p Leg. Canuti cap. 69. Cynninges ðegnes Heregeate ðe him nihste sindon IIII. horse of which that Latin is euen a verbal interpretation In our English thus And let the Heryot of the Kings Thane that is neerest to him be IV. Horse And whereas Florence of Worcester speaks of one Adelwald vnder K. Edward sonne to Alfred by the name of Minister Regis Henry of Huntingdon expressy calls him Baro Regis These conclude the identitie of Thanes and Barons in name It next follows with a cleerer passage to shew what our Norman Barons were When the Conqueror subiected most lands in the kingdome to Militarie and Honorarie Tenures as in making hereditarie Earls he likewise inuested others in smaller Territories with base iurisdiction and they were Barons and had their Courts called Court Barons whence that name to this day remains as an Incident to euery Mannor Because such as had not the dignitie of Count yet had speciall Territories with iurisdiction giuen them of part whereof they enfeofft others to hold of them as they of the King generally were stiled Barons or the Kings Barons prouided that their lands and Manors were of sufficient reuenue and qualitie to make what was accounted a Baronie which was XIII knights Fees and a Third part whereof more anon where wee speak of Knights So that their Honor was not in those ancient times giuen by Writ or Patent but came à Censu or from their possessions and Tenure When the beginning of this value of a Batonie was I find not but plainly it was since the Normans and it seems as Men of the better rank and Citizens as before is shewd were generally called Barones as they were Homines or Tenentes so some more specially honord by the Kings Bountie with so many Knights Fees or possessing as much I think by mesne tenures were accounted for Honorarie and Parlamentarie Barons Where note how the Dignitie differed from the generall name An old Treatise thus iustifies it Item summoneri venire debent ad Parlamentum omnes singuli Comites Barones eorum Pares scilicet illi qui habent Terras ad Valentiam Comitatus integri videlicet viginti feoda vnius militis quolibet feodo computato ad viginti libratas quae faciunt Quadringentas libratas in vel ad valentiam vnius Baroniae integrae videlicet tresdecim feoda tertiam partem vnius feodi Militis quolibet feodo computato ad viginti libratas quae faciunt in toto Quadringentas Marcas nulli minores Laici summoneri nec venire debent ad Parliamentum ratione Tenurae suae nisi eorum presentia alijs de Causis fucrit vtilis vel necessaria ad Parliamentum This is out of the Modus Tenendi Parliamentum qui recitatus suit as the title is coram Willielmo Duce Normanniae Conquestore Rege Angliae ipse Conquestore hoc praecipiente per ipsum approbatus suis Temporibus etiam Temporibus successorum suorum Regum Angliae vsitatus But trust not to its pretended Antiquitie It cannot be of the Conquerors age Many men haue copies of it but none hath euer been seen very ancient Yet it proues that since the Normans all such as had the XIII Knights Fees and a third part were Peers to Barons and vpon the matter Barons that is to be sommond to Parlament And I ghesse that the distinction of Barons and Pares Baronum is as much as if you should say such as being immediat tenants to the King of that worth were the Kings Barons and such as had alike possessions but not honord with an immediat Crown Tenure were as those Kings Barons to be in Parlament as in Rome the Equites illustres i. such as possest a Senators welth had faire hope of being Senators and wore the latus clauus of Senators were q V. Lips Comment ad Tacit. Annal. 11. num 15. pari cum Senatoribus gradu Which makes mee think but
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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 §. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉
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
two Consuls of Millan Which it seems was the rather done because about that time the Volumes of the Roman i. what wee call the Ciuill laws began to be newly in request and as it were awakt out of that neglect wherein they had neer D C. yeers slept as of no reckoning among the Lombards and were now publiquely read and profest in Bologna by Irnerius the first publique professor of them after Iustinian's time It s likely that the Lombards thought it presently requisit to put their Feudall customs into Writing and forme and vnder Titles as well as the Romans had don their ancient Laws What was then performed by the two Millanois hath since been betterd and for publique vse inlarged by that most learned Lawier Cuiacius and is as a part of the Ciuill law for Feuds Vpon that innouation of Otho 1. in giuing patrimoniall and Feudall Honors with prerogatiues in the committed Territories Noua Nobilitatis ratio saith Sigonius in Italiam est inducta vt ij demùm soli Nobiles iudicarentur qui ipsi aut eorum maiores his atque eiusmodi alijs honestati priuilegijs essent nam hanc consuetudinem successores eius non omiserunt sed etiam multis partibus adauxerunt He collected it perhaps out of this passage in the Feudalls Qui ab antiquis temporibus beneficium non tenent licet nouiter à Capitancis seu à Valuasoribus acquisierint plebeij nihilominus sunt Which some interpret as if no other Nobilitie had been but what had proceeded from the possessing an ancient Feud by gift or inuestiture from the Emperor or some Valuasor But I rather follow the conceit of learned Hotoman which collects thence only that a new purchase of some Noble Feud without ancient inuestiture or many yeers continuance of possession ennobleth not And doubtlesse other Nobilitie mongst them was as Gentrie and Knighthood But indeed none Feudall except such as had its root in some of those Titles bestowd The common opinion of the Originall of Feuds thus But vnder fauour they rather to this purpose of Nobiâ—itie should bee deriud out of France For although it be true that mongst the Lombards they were and anciently yet plainly before the French Empire in France they were and that hereditarie if their ancient laws deceiue not For what els was their Terra Salica but as a Knights Fee or land held by Knights seruice It was so adiudged in the Parlament at Burdeaux as in the first Chapter is rememberd And those Salique laws are supposd much ancienter then the Lombardian Kingdome in Italie Vnder the Lombards also such Dignities as they had were by Feudall right giuen in inheritance as in storie is affirmd of K. Autharis that inuested his Duces or Gouernors of Prouinces of their Territories to them and their Heirs Masles which was not imitated by the French Charlemagne or his successors nor in vse till the beginning of the German Empire How then is it likely that the imitation of the Lombards Feudall laws was cause of Feuds in other places Referre them chiefly to the Salians or French and you shall come neerer Truth The Salians from Pharamunds time and doubtlesse before had them in France they continued Charlemagne according to the custom of his own patrimoniall State brought them into Italie where although they were before him yet that continuance they then had is thus to be referd to Charlemagne that is the giuing of them for life with those Dignities before spoken of and the gift of them in inheritance as they were meerly Fees Militarie But the inheritance of them beeing annext to Honorarie Titles may well be allowd to Otho's time which yet could not be if their Originall and continuance were to be drawn through the Lumbards by reason of that example of Autharis How much this differs from common opinion men that hauc read do know and if they haue well read will I coniecture be of my mind Out of the Empire by imitation it seems or by generall consent of Nations most part of Europe took their forms of Feudall possessions but by imitation doubtlesse those Dignities of Feudall right The identitie of names in the Empire and other Kingdoms iustifies it Neither was the Eastern Empire of later times without Militarie Feuds To this day remains a Constitution of x Harmenopul 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1. tit 〈◊〉 Constantin Porphyrogennetus against alienation of them They called them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Militania 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are the words of the law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. that it be not lawfull for Souldiers Milites to alien those possessions by which Knights seruice so in our law you may interpret it is maintaind The Tenants of Feuds in the VVestern Empire and now euery where in Europ are known by the name of Fideles Homines Uassi Vassalli and the like The reason of all their names except Vassi Vassalli is manifest Some deriue them from Bas which in French and other languages of note expresses an inferior But the word is so inferior to many which are denoted by Vassi or Uassalli that I cannot bee of their mind Euen a King if hee hold a Dukedom of another King is rightly called his Vassall or Vassus VVhich to leaue friuolous coniecture may be deduced from the old Gaulish word Gues Guas or Gais for a Valiant or Militarie man then by which name what might one that held his lands vnder a tenure to be so more fitly bee titled And that those words were of such signification mongst the Gaules the ancient people of France before the French and extended farre larger in name then all France may bee noted out of that of y In Aeneid 8. Seruius vpon Uirgils duo quisque Alpina coruscant Gaesa manu Gaesa saith hee Hastas viriles Nam etiam Fortes Galli Gaesos vocant Now the communitie of G Gu and V for W in words made of Latin Idiom out of Dutch Gaulish or other language is not vnknown to any Who sees it not in the familiar vse of the names of Walter Gualther William Guilielm Ward Guardia Uasto Guasto and the like so our What is to the Scots Quhat which or whilke quhilke and how common G. and Q were in pronunciation and mongst the Latins z Lips de Rect. pronunc Ling. Lat. cap. 13. the learn'd know And the Latins hauing no such letter as W in that sort as the Gauls vsd it were compelld to expresse such words as they began with W by Gu as some do now by Qu. yet the omission of the u in Gaesa might not amisse be when they had in vsing it pronounc't G as in Gu or as g in Lego Thus might Gaisi or Gaeisi easily be made of Guass or Wass and then Uass and Vassi in our now vsd sense which is well confirmed out of that which most â—earn'd Clarenceulx hath obseru'd vpon Seruius his word Gaesi in fitting to it as a synonomie the Brittish Guassdewr signifying