Selected quad for the lemma: lord_n
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A11878
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Titles of honor by Iohn Selden
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Selden, John, 1584-1654.
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1614
(1614)
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STC 22177; ESTC S117085
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346,564
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474
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Shires and Counties but of Cities and Towns haue been and are as well Creations as the denominations of them Salisburie Chichester Bridgwater Arundel and the like shew it Although as anciently in France I doubt not but with vs heretofore chief Citeis of a Countie haue denominated the Earls which were of the whole Countie But that of Arundel hath been by ancient resolution singled out as it were for a speciall kind of Earldom the honor proceeding more from seisin of the Castle of Arundel then later Creations or Restitutions For although it had a beginning for l Camden in Regnis the tiâ—le from Maud the Empresse to William de Albineto to whom her son Henry II. gaue the Rape of Arundel Tenendum de eo per seruitium IXXXIV Militum dimid and that Richard I. granted to William sonne to the first William the Castle of Arundel which yet was it seems his enheritance before descended from his mother Adeliza daughter to Godfrey Duke of Lorrain and Brabant cum toto Honore de Arundel tertium Denarium de Placitis de Suffex vnde Comes est yet in Parliament in time of the Fitz-Alans to which noble Family it was transferd by marriage with a femal heire of De Albineto vpon a Petition exhibibited by Iohn Fitz-Alan then Earl it was after deliberation adiudged m Rot. Parl. 11. Hen. 6. art 32. 33. seqq that he should haue place as Possessor of the Castle without other respect Considerato qualitèr Ricardus Filius Alani consanguineus ancestor to Iohn vnus Haeredum Hugonis de Albiniaco the same with de Albineto dudum Comitis Atundel fuit seisitus de Dicto Castro Honore Dominio de Arundel in Dominico suo vt de feodo ratione possessionis suae eorundem Castri Honoris Dominij absque aliqua alia ratione vel Creatione in Comitem fuit Comes Arundel nomen statum Honorem Comitis Arundel necnon locum sedem Comitis Arundel in Parliamento Consilio Regis quandiu vixerat pacificè habuit possedit absque aliqua calumnia reclamatione vel impedimento The Petition was in this form Please au Roi nostre Souerain Seigneur d' accepter vostre humble leige Iohn Count d' Arundel ore present en vostre seruice deins vâ—stre Roialme de France a son lieu pur seier en vâ—stre Parlement come en vostre Counseil come Count d' Arundel considerant que ses ancestors Counts d' Arundel seigneurs del Castel Honour seigneurie d' Arundel ont ewe lour lieu a seier en les Parlements conseilx de vos tresnobles progenitors du temps d'ont memorie ne court per reason de la Castel Honour Seigneurie auant dits as quex le dit nom de Count ad este vnie annexe de temps suisdit des queux Castel Honour Seigneurie le dit suppliant est a present seise This was in XI Henry VI. and afterward in XXVII of the same King a great controuersie grew in Parliament about precedence twixt William Earl of Arundel brother of this Iohn and Thomas Earle of Deuonshire The matter after that Act of XI and other profes were produced on both sides was referd to the Iudges of the Common laws But they as the n Rot. Parl. 27. Hen. 6. art 18. Record speaks saien and declaren after their conceits that it is a matter of Parlement longing to the Kings Highnesse and to his Lords Spirituall and Temporall in Parlement by them to be decided and determined How bee it that the said act mencion but only that the said Iohn late Earle of Arundel brother of the said William whos heire he is shuld haue his sete Place and Preeminence in the Kings presence as well in his Parlements and Councells as elswhere as Erle of Arundel as in the same Act more openly hit appereth in which act beth not expressed in writing the heirs of the same late Erle notwithstanding that he was seised and enherited to the Castel Hononr and Lordship of Arundel whereto the said name Estate and Dignity of Erle of Arundel is and of time that no mind is hath bin vnyed and annexed and by that reason he beene and had that name and not by way of Creation as the same Iudges vnderstonde by reason of the same Acte Hereupon the King and the Lords determined that hee should haue his place in Parlament and the Kings Councell as Earle by reason of the Castell Lordship and Honour of Aruâ—del as Worshipfully so saies the Roll as euer did ony of his Ancestors Erles of Arundel afore this time for him and for his heires for euer more aboue the said Erle of Deuonshire and his heires For Arundel thus much As touching the formalitie of their Creations in the more ancient it seems nothing but a Charter vsually made them with vs. In King Iohns time remembrance is made of the Sword of the Countie Hee at his Coronation accinxit saith Roger of Houeden Willielmum Marescallum gladio Comitatus de Striguil Striguil is in Monmouthshire and from it were the old Earles of Penbroke so calld Gaufridum filium Petri Gladio Comitatus de Essex qui licet anteà vocati essent Comites administrationem suorum Comitatuum habuissent tamen non erant accincti gladio Comitatus ipsi illa die seruierunt ad mensam Regis accincti gladijs This forme hath ancient originall In one of o Variar Form 1. lib. 7. Cassiodor's Precedents for the Dignity of the Comitiua Prouinciae you read Tua Dignitas à terroribus ornatur quae Gladio bellico rebus etiam pacatis accingitur I imagine it was in vse before King Iohn and that it was the proper Inuestiture of that age Houeden speaks not of it as a new inuention And of them what an p Bracton de Rer. diuis lib. 1. cap. 8. §. 2. vide cum lib. 2. c. 16. §. 3. old Lawyer of England neer that time hath I transcribe Reges tales sibi associant ad consulendum Regendum populum Dei ordinantes eos in magno Honore Potestate nomine quando accingunt eos gladijs i. ringis gladiorum Ringae enim dicuntur ex eo quòd Renes gyrant circundant vnde dicitur Accingere gladio tuo c. Et Ringae cingunt renes talium vt custodiant se ab incestu luxuriae quia luxuriosi incestuosi Deo sunt abominabiles Gladius autem significat defensionem Regni Patriae And in most of the ancient Creations in Parlament the girding with a sword is the chief and onely ceremony with the Charter deliuerd So was Edmund q Rot. Parl 36. Ed. 3. memb 4. sonne to Edward III. made Earle of Cambridge and Michael de la Poole * Rot. Parl. 9. Rich. 2. Memb. 5. vnder Richard II. Earle of Suffolk whom the King Gladio cinxit prout decet as the Roll saith and before any of these Hugh
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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 §. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉