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lord_n	archbishop_n	bishop_n	john_n	13,096	5	6.2353	4	false

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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 Kings Chappel and to do Homage before Consecration Deforcements to the Bishop to be righted by the King And on the contrary Chattels forfeit to the King not to be detained by the Church Pleas of debts whatsoever in the Kings Court Yeomens Sons not to go into Orders without the Lords leave 53. COncerning Appeals if at any time there shall be occasion for them they are to proceed from the Arch-Deacon to the Bishop and from the Bishop to the Arch-Bishop and if the Arch-Bishop shall be wanting in doing of Justice they must come in the last place to our Lord the King that by his precept or order the Controversie may be determined in the Arch-Bishops Court so as that it ought not to proceed any further without the Kings assent This Law long since the famous Sir Edward Coke made use of to assert and maintain the Kings Ecclesiastical Jurisdiction as a thing not of late taken up by him but anciently to him belonging 54. If a Claim or Suit shall arise betwixt a Clergyman and a Lay-man or betwixt a Layman and a Clergyman concerning any Tenement which the Clergyman would draw to the Church and the Lay-man to a Lay-fee it shall by the recognizance of twelve legal men upon the consideration and advisement of the Lord Chief Justice be determined whether the Tenement do appertain to Alms i. e. to the Church or to Lay-Estate before the Kings own Justice And if it shall be recognized or adjudged to appertain to Alms it shall be a Plea in the Ecclesiastical Court But if to a Lay-fee unless they both avow or avouch the Tenement from the same Bishop or Baron it shall be a Plea in the Kings Court But if each of them shall for that fee avouch the same Bishop or Baron it shall be a Plea in that Bishops or Barons Court so that he who was formerly seised shall not by reason of the Recognizance made lose the Seisin till it shall by Plea be deraigned 55. He who shall be of a City or a Castle or a Burrough or a Manner of the Kings Domain if he shall be cited by an Arch-Deacon or a Bishop upon any misdemeanour upon which he ought to make answer to him and refuse to satisfie upon their summons or citations they may well and lawfully put him under an Interdict or Prohibition but he ought not to be Excommunicated By the way seasonably remark out of the Pontificial Law that that Excommunication they call the greater removes a man and turns him out from the very Communion and Fellowship of the Faithful and that an Interdict as the lesser Excommunication separates a man and lays him aside only forbidding him to be present at Divine Offices and the use of the Sacraments I say he ought not to be Excommunicated before that the Kings Chief Justice of that Village or City be spoken with that he may order him to come to satisfaction And if the Kings Justice fail therein he shall be at the Kings mercy and thereupon or after that the Bishop may punish him upon his impleadment with the Justice of the Church 56. Arch-Bishops B●shops and all Persons whatsoever of the Kingdom who hold of the King in capite and have their possessions from our Lord the King in nature of a Barony and thereupon make answer to the Kings Justices and Officers and perform all Rights and Customs due to the King as other Barons do they ought to be present at the Tryals of the Court of our Lord the King with his Barons until the losing of Limbs or death be adjudged to the party tried 57. When an Arch-Bishoprick or Bishoprick or Abbacy or Priory of the Kings Domain shall be void it ought to be in his hand and thereof shall he receive all the profits and issues as belonging to his Domain And when the Church is to be provided for our Lord the King is to order some choice persons of the Church and the Election is to be made in the Kings own Chappel by the assent of our Lord the King and by the advice of those persons of the Kingdom whom he shall call for that purpose and there shall the Person Elect saving his order before he be Consecrated do Homage and Fealty to our Lord the King as to his Liege Lord for his life and limbs and for his Earthly Honour 58. If any one of the Nobles or Peers do deforce to do Justice to an Arch-Bishop Bishop or Arch-Deacon for themselves or those that belong to them the King in this case is to do justice 59. If peradventure any one shall deforce to the Lord the King his Right the Arch-Bishop Bishop and Arch-Deacon ought then in that case to do justice or to take a course with him that he may give the King satisfaction 60. The Chattels of those who are in the Kings forfeit let not the Church or Church-yard detain or keep back against the justice of the King because they are the Kings own whether they shall be found in Churches or without 61. Pleas of debts which are owing either with security given or without giving security let them be in the Kings Court. 62. The Sons of Yeomen or Country people ought not to be ordained or go into holy Orders without the assent of the Lord of whose Land they are known to have been born CHAP. XII The Statutes of Clarendon mis-reported in Matthew Paris amended in Quadrilegus These Laws occasioned a Quarrel between the King and Thomas a Becket Witness Robert of Glocester whom he calls Yumen The same as Rusticks i. e. Villains Why a Bishop of Dublin called Scorch-Uillein Villanage before the Normans time I Confess there is a great difference between these Laws and the Statutes of Clarendon put forth in the larger History of Matthew Paris I mean those mangled ones and in some places what through great gaps of sence disjointings of Sentences and misplacings of words much depraved ones whose misfortune I ascribe to the carelesness of Transcribers But the latter end of a Manuscript Book commonly called Quadrilegus wherein the Life of Thomas Arch-Bishop of Canterbury is out of four Writers to wit Hubert of Boseham John of Salisbury William of Canterbury and Alan Abbot of Tewksbury digested into one Volume hath holp us to them amended as you may see here and set to rights It is none of our business to touch upon those quarrels which arose upon the account of these Laws betwixt the King and Thomas of Canterbury Our Historians do sufficiently declare them In the mean time may our Poet of Glocester have leave to return upon the Stage and may his Verses written in ancient Dialect comprising the matter which we have in hand be favourably entertained No man ne might thenche the love that there was Bitwene the K. H. and the good man S. Thomas The diuel had enui therto and fed bitwen them feu Alas alas thulke stond vor all to well it greu Uor there had ere ibe

and other like cases Nay and if Leland an Eye-witness may be believed our great Prince Arthur had his Seal also which he saith he saw in the Church of Westminster with this very inscription PATRITIUS ARTHURIUS BRITANNIAE GALLIAE GERMANIAE DACIAE IMPERATOR That is The Right Noble ARTHUR Emperor of Britanny France Germany and Transylvania But that the Saxons had this from the Normans is a thing out of all question Their Grants or Letters Patents signed with Crosses and subscribed with Witnesses names do give an undoubted credit and assurance to what I have said John Ross informs us that Henry Beauclerk was the first that made use of one of Wax and Matthew of Canterbury that Edward the first did first hang it at the bottom of his Royal Writings by way of Label whereas before his Predecessors fastned it to the left side Such a writing of Henry the first in favour of Anselm the last Author makes mention of and such an one of William's Duke of the Normans though a very short one and very small written Brian Twine in his Apology for the Antiquity of the famous University of Oxford the great Study and support of England and my ever highly honoured Mother saith he had seen in the Library of the Right Honourable my Lord Lumley But let a circumcised Jew or who else will for me believe that story concerning the first Seal of Wax and the first fastning of it to the Writing A great many waxen ones of the French Peers that I may say something of those in wax and Golden ones of their Kings to wit betwixt the years 600 and 700 we meet with fashioned like Scutcheons or Coats of Arms in those Patterns or Copies which Francis de Rosieres has in his first Tome of the Pedigree or Blazonry of the Dukes of Lorain set down by way of Preface Nor was it possible that the Normans should not have that in use which had been so anciently practised by the French Let me add this out of the ancient Register of Abendon That Richard Earl of Chester who flourished in the time of Henry the first ordered to sign a certain Writing with the Seal of his Mother Ermentrude seeing that being not girt with a Soldiers Belt i. e. not yet made Knight all sorts of Letters directed by him were inclosed with his Mothers Seal How what is that I hear Had the Knightly dignity and Order the singular priviledge as it was once at Rome to wear Gold-Rings For Rings as 't is related out of Ateius Capito were especially designed and ingraven for Seals Let Phoebus who knows all things out of his Oracle tell us For ●ervants or Slaves so says Justus Lipsius and remarks it from those that had been dug up in Holland and common Soldiers were allowed iron ones to sign or to seal with which therefore Flavius Vopiscus calls annulos sigillaricios i. e. seal-Rings and so your ordinary Masters of Families had such with a Key hanging at it to seal and lock up their provision and utensils But saith Ateius of the ancient time Neither was it lawful to have more than one Ring nor for any one to have one neither but for Freemen whom alone trust might become which is preserved under Seal and therefore the Servants of a Family had not the Right and Priviledge of Rings I come home to our selves now CHAP. III. Other ways 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 3. AT first many Lands and Estates were collated or bestowed by bare word of mouth without Writing or Charter only with the Lords Sword or Helmet or a Horn or a Cup and very many Tenements with a Spur with a Currycomb with a Bow and some with an Arrow But these things were in the beginning of the Norman Reign in after times this fashion was altered says Ingulph I and these things were before the Normans Government Let King Edgar his Staff cut in the middle and given to Glastenbury Abbey for a testimony of his Grant be also here for a testimony And our Antiquary has it of Pusey in Berkshire That those who go by the name of Pusey do still hold by a Horn which heretofore had been bestowed upon their Ancestors by Knute the Danish King In like manner to the same purpose an old Book tells this story That one Vlphus the Son of Toraldus turned aside into York and filled the Horn that he was used to drink out of with Wine and before the Altar upon his bended knees drinking it gave away to God and to St. Peter the Prince of the Apostles all his Lands and Revenues Which Horn of his saith Camden we have been told was kept or reserved down to our Fathers memory We may see the conveyance of Estate how easie it was in those days and clear from the punctilio's of Law and withal how free from the captious malice of those petty-foggers who would intangle Titles and find flaws in them and from the swelling Bundles and Rolls of Parchments now in use But commend me to Godwin Earl of Kent who was to use Hegesander's word too great a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 catcher at Syllables and as the Comedian says more shifting than a Potters wheel Give me saith he to the Arch-Bishop of Canterbury Boseham The Arch-Bishop admiring what it was he would be at in that question saith I give you Boseham He straight upon the confidence of this deceit without any more ado entred upon an Estate of the Arch Bishops of that name on the Sea-coasts of Sussex as if it had been his own by Inheritance And with the testimony of his people about him spoke of the Arch-Bishop before the King as the donor of it and quietly enjoyed it Those things I spoke of before to wit of Sword Horn c. smell of that way of investing into Fees which we meet with in Obertus de Orto but are very unlike to that solemn ceremony which is from ancient time even still used in conveying of an Estate and delivering possession wherein a green Turf or the bough of a growing Tree is required 4. They did so much abhor the English tongue 't is the Abbot of Crowland saith it that the Laws of the Land and the Statutes of the English Kings were handled or pleaded in the French language For till the thirty sixth year of Edward the third all businesses of Law were pleaded in French That also in Schools the Rudiments of Grammatical Institution were delivered to Boys in French and not in English Also that the English way and manner of Writing was laid aside and the French mode was made use of in all Charters or Instruments and Books Indeed it was such a fault to

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-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

First Jeoffrey de Magna Villa made Earl of Essex by Mawd the Empress It seems that the Saxon Earls had the self-same right of sharing with the King So in Doomsday Book we find it The Queen Edeua had two parts from Ipswich in Suffolk and the Earl or Count Guert the third and so of Norwich that it paid Twenty Pound to the King and to the Earl Ten Pound so of the Revenues of the Borough of Lewes in Sussex the King had two shares and the Earl the third And Oxford paid for Toll and Gable and other customary Duties Twenty Pound a year to the King besides Six Quarts of Honey and to Earl Algar Ten Pound To conclude it appears also that these Norman Earls or Counts had some power of making Laws to the people of their Counties For instance the Monk of Malmesbury tells us that the Laws of William Fitz-Osborn Earl of Hereford remained still in force in the said County that no Souldier for whatsoever offence should pay above Seven Shillings The Writings and Patents of the men of Cornwall concerning their Stannaries or Tinn-Mines do prove as much nor need I tell the story how Godiva Lady to the Earl Leofrick rid on Horse-back through the Streets of Coventry with her hair disshevelled all hanging about her at full length that by this means she might discharge them of those Taxes and Payments which the Earl had imposed upon them Out of the Countreys wherein all Estates were subject to Military Service the Barons had their Territories as we call them Mannors and in them their Courts to call their Tenants together at the end of every three Weeks and to hear and determine their Causes A Civilian one Vdalricus Zazius would have the original of these Courts among other Nations to have come by way of imitation from Romulus his making of Lords or Patrons and their Clanns or Tenants The use of them at this day is common and ordinarily known But to shew how it was of old we will borrow out of Hoveden this spark of light John Marshall complained to Henry the Second that whereas he had claimed or challenged in the Arch-Bishops Court a piece of Land to be held from him by right of inheritance and had a long time pleaded upon it he could obtain no Justice in the case and that he had by Oath falsified the Arch-Bishops Court that is proved it to be false by Oath according to the custom of the Realm to whom the Arch-Bishop made answer There has been no Justice wanting to John in my Court but he I know not by whose advice or whether of his own head brought in my Court a certain Toper and swore upon it that he went away from my Court for default of Justice and it seemed to the Justices of my Court that he did me the injury by withdrawing in that manner from my Court seeing it is ordained in your Realm that he who would falsifie anothers Court must swear upon the holy Gospels The King not regarding these words swore that he would have Justice and Judgement of him and the Barons of the Kings Court did judge him to be in the Kings Mercy and moreover they fined him Five Hundred Pound As to doing Justice in all other Cases and managing of Publick Affairs the Normans had almost the same Names and Titles of Officers and Offices as the Saxons had FINIS A Brief CHRONOLOGY TO Attend and Assist THE HISTORY In the Year of the WORLD   1910. Samothes if there ever were such a man bears rule 2805. Brutus makes a descent that is lands with his Trojans in Cornwall or Devonshire 3516. Dunvallo Molmutius swayes the Scepter 3627. Martia Dowager of King Quintilen is Queen Regent during the Minority of her Son Sisillius the First 3942. Caius Julius Caesar arrives at Deal on the Sea-Coast of Kent and Territa quaesitis ostendis terga Britannis that is Having inquiry made After the Britans bold He turn'd his back 't is said His courage would not hold and was the first that discover'd Britanny to the Romans In the Year of CHRIST   44. Claudius Caesar Emperour sends over Aulus Plautius with an Army as his Lieutenant General and by degrees reduceth the Countrey into the form of a Roman Province 52. A Colony of Veterans or old Roman Souldiers is sent down to Maldon in Essex 86. Britanny is subdued or brought under the yoke by the Conduct of Junius Agricola in the time of Domitian the Emperour 183. Lucius or King Lucy was the first Christian King Forasmuch as he was of the same standing with Pope Eleutherius and the Emperour Commodus Whence it appears that Beda makes others mistake and is himself mistaken in his wrong account of time in this affair 428. The Saxons Angles Jutes Danes Frisons or Friselanders arrive here from Germany Taurus and Felix then Consuls in the one and twentieth year of Theodosius the younger The common or ordinary account of Writers sets it down the four hundred forty ninth year but that great man both for Authority and Judgement William Camden Clarenceaux King at Arms hath upon the credit of ancient Records closed this Epoch or Date of time within that term of years which I have set in the Margin 561. King Ethelbert the First King of the English Saxons who profest Christianity 800. King Egbert 872. King Alured or Alfred 959. King Edgar 1017. Canute or King Knute the Dane 1036. Harold eldest Son to King Knute called for his swiftness Harefoot 1042. Edward the Confessor after whom Harold Son to Godwin Earl of Kent usurp't the Throne where he continued only nine Months 1066. William Duke of Normandy after a Battel fought upon the Plain near Hastings got the Dominion or Soveraignty of the British Island 1088. William Rufus second Son of the Conquerour 1100. Henry the First younger Brother to Rufus 1135. King Stephen Count of Blois in France Nephew to Henry by his Sister Adela 1153. Henry the Second Grand-child to Henry the First by his Daughter Mawd the Empress and Jeoffrey Count of Anger 's in France FINIS BRIEF NOTES UPON Some of the more Difficult Passages IN THE TITLE-PAGE COmmon and Statute Law So I render Jus Prophanum as Prophane is opposed to Sacred and Ecclesiastical as himself explains the term in his Preface out of Festus Otherwise it might have been render'd Civil Law as relating to Civil affairs and the Government of State not medling with the Canons and Rules of the Church but that the Civil Law with us is taken generally in another sense for the Imperial Law which however practised in several other Nations hath little to do in England unless in some particular cases Of English Britanny that is that part of Britain which was inhabited by the Angles in Latin called Anglo-Britannia by us strictly England as for distinction the other part of the Island Wales whither the Welsh the true and ancient Britans were driven by the Saxons

Britain to wit at York at Chester at Glocester and I doubt not but at Colchester too no less than there was one at Cullen in Germany as the very name of them both imports Colonia And that ours hath an addition of Chester to it is usual to some other Cities Colchester for Colnchester which in Latin would be Colonia Gastri or rather Coloniae Castrum the Castle or Garrison of the Colony CHAP. XVI Pag. 28. lin 11. Now you for your part are Gods Vicegerent in the Kingdom They are the words of Pope Eleutherius in his Letter to Lucy the first Christian King which was in the year of our Lord 183. From whence we may fairly conclude that in those early dayes the Pope of Rome according to his own acknowledgement had no such pretensions as now for several Ages since they have made upon the Rights of Princes to the great disturbance of the World and reproach of Christian Religion And indeed this is the more considerable in that such was the simplicity of devotion in those early Converts and such the deference which Princes who embraced the Christian Faith especially from the Missionaries of Rome had for that Holy See as appears by this one single instance that it had been no hard matter nor could be judged an unreasonable thing for them to lay claim to a right and assert a power which was so voluntarily offered Further I add that seeing the Donation of Constantine besides that it was alwayes look't upon as a piece of forgery was at best supposing it true but an Imperial Grant and Concession which would not be of authority enough to bear up the Popes Supremacy in all other Kingdoms of the earth and seeing Pope Boniface who was the first that with bare face own'd it his complyance with Phocas was so grosly wicked that none of their own Writers but are ashamed to make that transaction betwixt those two an argument for the Papal pretence Seeing I say it is so if the Pope be intitled as their Canonists pretend to an Universal Dominion by vertue of his Office and by Commission from Christ and his chief Apostle S. Peter how came it to pass that the Bishops of Rome all along till Boniface were so modest as not to challenge any such rights or powers nay upon occasion to declare against such pretences as Antichristian which if that be true that the Pope is by his Office and by a Divine Commission instated into a Supremacy was in effect no less than to betray the cause of Christ and his Church how came it to pass that Eleutherius should neglect such a seasonable and exemplary opportunity of maintaining and exercising his right and should rather chuse to return it in a complement back to the King his Convert VICARIVS verò DEI estis in Regno sayes he You are GOD's VICAR in your Kingdom which Title now the Pope doth with as much arrogance challenge to himself as here one of his Predecessors doth with modesty ascribe to the King Lin. 32. With the title of Spectabilis Towards the declension of the Roman Empire it was usual so to distinguish great Offices with peculiar Titles as Spectabilis Clarissimus c. so among the Italians Magnifico to a Senator of Venice Illustrissimo to any Gentleman Eminentissimo to a Cardinal So with us the term of Highness is given to a Prince of the Blood Excellence to a Vice-Roy or a Lord Lieutenant and to a General of an Army Grace to an Arch-bishop and to a Duke Honour to a Lord Worship to an Esquire c. CHAP. XVII P. 29. lin 43. Fabius Quaestor Aethelwerd Why he calls him Fabius Quaestor is at present past my understanding Did he take upon him a Roman name Was he in any such Office as Quaestor i. e. Treasurer or Receiver General wherein he behaved himself like a Fabius or did he intitle his Book by that name I am to seek CHAP. XVIII Pag. 31. lin 19. Whatsoever there was in Pandora of Good and Fair. She was a Woman made by Jupiter's own order and designed to be the pattern of female perfection to which end all the Gods contributed to the making of her several gifts one Wisdom another Beauty a third Eloquence a fourth Musick c. CHAP. XIX P. 32. lin 27. Wapentakes Which in some of our Northern Countreys is the same as we call other-where a Hundred from the Saxon word waepen i. e. arms and tac i. e. touch as one should say a touching or shaking of their Arms. For as we read it in King Edward's Laws when any one came to take upon him the Government of a Wapentake upon a day appointed all that owed suit and service to that Hundred came to meet their new Governour at the usual place of their Rendezvouz He upon his arrival lighting off his Horse set up his Lance an end a Custom used also among the Romans by the Praetor at the meetings of the Centumviri and according to custom took fealty of them The Ceremony of which was that all who were present touch't the Governours Lance with their Lances in token of a confirmation whereupon that whole meeting was called a Wapentake inasmuch as by the mutual touch of one anothers Arms they had entred into a confederacy and agreement to stand by one another This fashion they say the Saxons took up from the Macedonians their Progenitors Others will have it from tac to take and give this account of it that the Lord of the Hundred at his first entrance upon the place was used to take the Tenants Arms surrendred and delivered up to him by themselves in token of subjection by way of Homage Sir Thomas Smith differs from both these for he sayes that at the Hundred meeting there was a Muster taken of their Weapons or Arms and that those who could not find sufficient Pledges for their good abearing had their Weapons taken away so that in his sense a Wapentake is properly Armilustrium and so called from taking away their Weapons or Arms who were found unfit to be trusted with them L. 40. For the Ceremony of the Gown He alludes to the Roman Custom with whom the youth when they arrived at mans estate were then allowed to wear togam virilem to put on a Gown the habit of men whereas before that they were obliged to wear a Coat peculiar to the age of Childhood called Praetexta whence Papyrius though yet a Child being admitted into the Senate-house for his extraordinary secrecy and manly constancy was called Papyrius Praetextatus Pag. 33. lin 9. Morgangheb Or Morgingab from Morgin which in High Dutch signifies the Morning and gab a gift to wit that Present which a man makes to his Wife that morning he marries her CHAP. XX. Pag. 34. lin 3. Tityus his Liver A Gyant who for ravishing of Latona was adjudged to have his Liver after death prey'd upon continually by a Vulture which grew up again as fast as it was wasted The equity

Sotum What difference between a Scot and a Sot to which he as freely replyed Mensa the Table Sir I shall not determine But Scotus or Scot is the name of his Countrey he being a Scotch-man and for that reason called also Erigena that is Irish born to wit a Highlander for those people were originally Irish and came out of that Island over into the North parts of Scotland Now Ireland is by several Authors Greek and Latin called Ierna and by the Inhabitants themselves Erin L. 43. The Goddess Anna Perenna The Lady President of the year Anna ab Anno to whom they addrest their devotions that she would perennare that is preserve and continue health and plenty and prosperity from year to year for which reason she was called Anna Perenna Now our Author here brings in long-lived Nestor and this Goddess to shew that those good fellows in quaffing of healths do wish muchos annos as the Spaniard saith many and many a years life to their absent friends while in the mean time by tossing off so many bowsing Canns they shorten their own lives Pag. 42. lin 24. Englescyre Or Englecerie that is the being an English-man For there was a Law made by King Knute in favour of his Danes and so afterward it was interpreted in behalf of the Francigenae French-men or whatever foreigners that if any such were privily murdered or slain the Village where the fact was done should be amerced in a lusty fine to the King unless they could prove Englecerie that is that the murdered person was an English-man one born of English Parents in which case there was no fine levied So that the Danes and French when they governed here provided they might secure themselves from the English were well enough content to let them destroy one another CHAP. XXV Pag. 44. lin 11. An Olympiad An account of time used by the Greeks consisting of four years so called from the Olympick Games which were celebrated in honour of Jupiter Olympius every fifth year This reckoning began first in the year of the World three thousand one hundred seventy four In the SECOND BOOK CHAP. I. PAg. 48. l. 5. By right of Fréehold Allodii jure that is by a mans own right without acknowledgment of service or fealty or payment of Rent to any other as a Superiour Lord. In which respect it is opposed to an Estate in Fée wherein though a man hath a perpetual right to him and to his heirs for ever yet seeing he owes a duty and service for it it cannot be said properly and simply to be his own And such are all mens Estates here in England but the Kings in the right of his Crown who cannot be supposed to hold of another or to owe fealty to any Superiour but to God only Lin. 12. Vnder Military service Or Knights service that is to find the King such a number of Men and Arms in time of War as it is here expressed See Cowell in the word Chivalry Indeed the Clergy before the Conquerour in the time of the Saxons as we find it in the five and twentieth Chapter of the first Book were allowed to be free from Secular Services but with an Exception and Reserve however of these things to wit Expedition Repairing of Castles and Building of Bridges from which last duty the High-Priests among the Romans were called Pontifices i. e. Bridge-makers Now this bringing of the Bishops Baronies under Knights Service was sure enough design'd to engage them into a close dependence upon the Crown and to take them off from hankering after any forreign Power to which they might pretend to owe any subordination as all along the times of Popery out of reverence to the Holy See they were forward enough upon occasion to think themselves obliged to do even to the high discontent and great disservice of their Kings CHAP. II. Pag. 51. lin 12. Ready money So I render Viva pecunia which though Spelman saith it is so called that it may the more expresly signifie pecudes i. e. Cattle yet he doth not to me I confess make out by any fair instance that it doth ever so signifie and that it cannot be taken in that sense here is plain from what immediately goes before quot animalia imò quantum vivae pecuniae quisque possidebat where animalia living creatures include pecudes the Cattle CHAP. III. Pag. 54. lin 32. Boseham What Earl Godwin's trick was or wherein the conceit lay I cannot at present well imagine unless it were in the equivocation or misunderstanding of the word Boseham as it falls in with the word Bosom in the pronunciation and sound of it thus Supposing the Earl at meeting of the Arch-Bishop coming up to him upon pretence of saluting him said Give me your Boseham my Lord to which the Arch-Bishop thinking belike he might by way of desiring his Pastoral embrace mean only his bosom readily made answer I give you my bosom which the Earl with a cunning fetch interpreted a Grant of his Estate of Boseham Pardon Reader my mistake if it be one since I have no better account from my own guess to give meeting with no help from our Law-Dictionaries CHAP. IV. P. 56. lin 8. The first Sheriffs of Counties A Sheriff or Shyrereed signifies the Governour of a County called in Latin Vice-comes as Deputy to the Count or Lord or Chief Man of the County though even in the Confessor's time he was reckoned the Kings Officer and not the Counts This Office as Mr. Camden tells us was first set up by King Alfred who also divided England into Counties and those Counties again into Hundreds and Tythings Lin. 29. Other Judges without appeal This should seem to be the Court of Chancery for which reason the Lord Chancellor is said to keep the Kings conscience as here these Judges are compared to the Kings bosom Lin. 37. Acting a Busiris his part i. e. Treating strangers ill he being a cruel Tyrant of Egypt who slew strangers and sacrificed them to his Gods whence the Proverb Busiridis arae Pag. 57. lin 39. that he should pay it at the Scale That is should pay it by weight or according to full weight CHAP. VI. Pag. 60. lin 17. Being Lord Chief Justice of the whole Kingdom In the Latin it is thus expressed totius regni placitator exactor where I confess the former title of the two gave me the occasion of my mistake as if he had been Chief Justice of the Common Pleas whereas I should rather have rendred it thus who had been to wit in King Rufus his time Pleader or Demander and Receiver of the Kings duties throughout the whole Kingdom For such an Officer this Exactor regius was otherwise called Grasio See Spelman upon both those words Lin. 39. In the times of the Saxons a Hereot This at first was a tribute given to the Lord for his better preparation towards War but afterward though the name were kept the thing was