40. Common law grown verie diuers from what the words are And the amerciament for the in misericordia of an Earle Baron and Bishop is fiue pound in certain and the books giue the reason where that amerciament occurres because they are Peers of the Realm And since Dukes haue been here theirs is accounted x 19. Ed. a sol 9. v. 38. Ed. 3. fol 31. a. 21. Ed. 4. fol. 77. Br. tit Amerciament 47. ten pounds But for the Paritie of those which should amerce the 〈…〉 seems that euen when the Grand Charter was granted the Barons of the Exchequer and the Kings lustices were held for their sufficient Pares Out of Bracton is my Testimonie Comites verò vel Barones saith hee non sunt amerciandi nisi per Pares suos secundum modum delicti hoc per Barones Scaccarij vel coram ipse Rege Therefore in a Writ of Right brought against Henry Earle of Northumberland y 1. Hen. 6. sol 7. a. vnder Henrie VI. where vpon Battell ioynd and default iudgment finall was to be giuen against the Earl with the in Misericordia the addition in the expressing of it on the Bench saies Mes in tant que le Counte est vn Peer de Realm il sera amercie par ces peers solonque lestatute pur ceo Nous mittons amerciament en certain And although in this point of Amerciament a Bishop be in the smae degree with a lay Baron yet for triall z Temp. Hen. 8. tit Triall 142. de Episcopo Rosfensi by his Peers in capitall crimes he is otherwise because that is personall and his being a Baron is ratione Officij Tenurae not of personall Nobilitie Yet also in cases touching his estate as in Reall actions or personall which may touch his Realtie hee hath the prerogatiue of a lay Baron as not to haue the Iurie returnd vpon a a 13. Ed. 3. Chalenge 115. Enquest 43. 8. Eliz. Dy. fol. 246. vide Plowd Com. 1. c. Newdigat 14. 15. â—lizab Dy. fol. 318. a. Uenire facias without a Knight in it which for both lay and spirituall Barons is allowd for a good challenge to the Array as a priuiledge of Nobilitie The reason of that double Parity in England that is that all Barons and Dignities aboue them are Peers of the Realm and all other vnder them are Peers also mongst themselues I imagined to proceed from the Feudall Customes of Pares Curtis Domus or Palatij For as all Tenants eyther Knights Squires or Yeomen Freemen to the King or Subiect are in regard of their Lords Court and their own like Tenancies Peers known by that name of Pares Curtis in the Feudalls so Barons Earles Dukes and the like being with vs in England Tenants in regard of their Baronies Earldomes and Dukedomes only except those ancient possessors of XIII Knights Fees and a third part which were so Pares Baronum also to the King or rather to the Crown had among themselues a speciall and distinct Parity by reason of their Lords sole Maiestie and might not amisse bee stiled Pares Regij or Coronae because the very names of their Dignities supposd their Tenures of greater note and of the Crown necessarily and immediatly Whereas the other inferior Dignities as they had to do with Tenures or expresse Offices were farre more common as they had regard to subiects Although in this difference a sufficient exactnes of reason be not yet I suspect that a better is hardly found The Pairs and Pairries of France or their Douze pairs are of another kind and as by a speciall honor of State so calld Of them were anciently VI. lay and as many ecclesiastique The lay were the Dukes of Guienne of Burgundie and Normandie the Earles of Tholouze Flanders and Champagne The ecclesiastique the Archbishop of Rheims in regard of his prerogatiue of annointing the King chief of them all the Bishops of Laon Langres in reputation Dukes also the Bishops of Beaunais Chalons and Noyon Earles Of these the Earldom of Flanders being now in another Dominion and the other fiue lay Dignities vnited to the Crown of France the Ecclesiastique only remain But so that the pleasure of the State hath since reordained diuers other Pairries as they call them Bretagne Du Haillan liure 3. Du Tillet Plusours Burbon Aniou Berry Orleans and others Their Dignitie claimed precedence of what other Princes of the bloud soeuer and it s reported that at the Coronation of Charles VI. Philip the first of that name Duke of Burgundie had place of his elder brother Lewes Duke of Aniou vpon this reason But at the Coronation of Francis II. the Q. Dowager Catharine disliking that any of the later instituted Peers those ancient Cl. Fauchet de Dig. lib. 2. being now extinct should haue preeminence of the Kings children so ordered that her other sonnes all clothed in the habit of Peers should go immediatly after the King The first creation of them by the common opinion is referd to Charles le magne and some neater iudgments dare follow it But it s not likely that they were instituted vntill the Dignities of Duke and Earle grew Hereditarie which was not till after Charlemagne Much lesse should iudgment referre them to our British Arthur a time more then M. yeers since as some do perswaded by a tradition in our British storie which the great Lawier Hotoman also assents to Indeed in Geffrey of Monmouth they are spoken of by the name of XII Consules in the life of Arthur and Robert of Glocester in Arthur calls them the b Douze Pairs Dosseperes of France Another and a reformd opinion is that about M. C. LXXX They were instituted by Lewes VII which I could haue soon credited had I not seen that the British storie turnd into Latine iust about Lewes VII his age by that Geffrey of Monmouth as also c Hotoman Francogall cap. 14. Gaguin Chron. 4. cap. 1. Geruase of Tilburie in his Otia Imperialia dedicated to the Emperor Otho IV. euen next that very time had mencioned the XII Peers generally with reference of them to Arthur Which it seems they would neuer haue don although their professions had been meer Poeticall fiction had the name been in their present ages newly instituted And many think and not without good reason that the British storie was although of no great credit yet ancient before the translation Others d De Villiers ad Fulberti Ep. 96. referre them to K. Robert or Rupert He raignd twixt M. and M. XXX I will beleeu that about him they might haue their originall because before him no such testimonie as is sufficiently credible instructs vs of them and the number But I will rather here play the meer Sceptique Yet that before this Lewes France had its Cour de Pairs or Conuentus Parium which after the institution of the Douze pairs kept the name is plaine by Fulbert Bishop
Reguauit sub Ann. Christi M. X. alij haec Malcolmo III. ferunt is sub M. LX. rerum potitus Malcolm II. was no dignitie aboue Knights but only Thanes which it seems were with them as with our Saxons Superioribus seculis saith Buchanan praeter Thanos hoc est prefectos Regionum siue Toparchas Quaestorem rerum Capitalium nullum honoris nomen Equestri ordine altius fuerat quod apud Danos obseruari adhuc audio Som interpret their Thane by quaestor u Hector Boet. hist. Scotic 12. Regius or Steward and deliuer that the chief Steward of Scotland was called Abthan Whereof thus Buchanan also Hic magistratus that is the Great Steward of Scotland census omnes Regios colligit iurisdictionem etiam qualem conuentum praefecti habet ac prorsus idem est cum eo quem Priores Thanum appellabant Atque nunc sermone Anglico patrium superante Regionum Thani plerisque in locis Stuarti vocantur qui illis erat Abthanus nunc Stuartus Scotiae nominatur Paucis in locis vetus Thani nomen adhuc manet So he speaking of Walter nephew to Banquho by his sonne Fleanch created Abthan or great Steward of Scotland by Malcolm III. from whom that Royall name of Steward or Stuart had its origination and began first to be honord with a Crown in their Robert II. the honor of the Office being part alwaies of his birthright who is Prince of Scotland They haue also agreeable with the identitie of Thane and Steward certain Stewarties at this day But the word with them signified questionles as with vs anciently and was of the same Saxon root For their right Scotish or Irish x Sken in Reg. Maiestat lib. 4. cap. 31. called a Thane Tosche and the sonne of a Thane Mac-tosche But after Malcolm his bringing in of Barons Thanes remained as a distinct name of dignitie and vanisht not at the innouation of new honors as at our Norman Conquest In their Statuts of K. William are reckond Comites Barones Thani He raigned about M. C. LXX after Christ. So in the Statuts of his sonne Alexander II. In their laws a Thane was reckond equall with the sonne of an Earle after they had Earles The y Reg. Maiest lib. 4. cap. 36. 38. Cro and the Kelchyn of them were both alike as the Merchet of a Thanes daughter and an Ochern's an Irish or Scotish name of z Stat. Alexand 2. cap. 15. Reg. Maiestat lib. 4. cap. 31. Dignitie exprest by the word Ogetharius also Yet it seems that the Baron and Thane were often and most vsually confounded because where Earles Earles sonnes Thanes Ochierns and the like are distinguisht by their Croes the name of Baron occurrs not The eldest testimonie of this Title with them is in the laws attributed to Malcolm Mac-keneth that is their II. of that name which first deuided as they say the Kingdom into Baronies Dominus Rex Malcolmus the words are dedit distribuit totam Terram Regni Scotiae Hominibus suis Et nihil sibi retinuit nisi Regiam Dignitatem * The Mute Hill of Scone Montem placiti in villa de Scone Et ibi omnes BARONES concesserunt sibi Wardam Releuium de haerede cuiuscuuque Baronis defuncti ad sustentationem Domini Regis And to these Barons with iurisdiction hee granted saith Hector Fossam Furcam i. Pit and Gallowes Whereupon Skene a curious searcher of his own Countrie antiquities of this kind tells vs that In Scotland he is called ane Barronne quha haldis his Landes immediatlye in Cheif of the King and hes power of Pit and Gallows and Infangtheife a Haec n. adiunxit ad Malcolmi leges ijs quae in De Verb. significat habet I. Skene videsis Parl. 6. Iacob 1. cap. 91. leg Malcolm 2. cap. 9. 13. and Outfangtheife The Gallows vnderstand as Ours and for men Theiues and the Pit a place to drown Women Theiues But generalitèr saith he in hoc Regno Barones dicuntur qui tenent terras suas de Rege per seruitium Militare per Albam firmam per Feudi firmam vel alitèr cum Furca fossa nonnunquam generalissimè accipitur pro quolibet domino Proprietario rei Immobilis In which that State well agreed with ours anciently and till of later time it seems euery Lord or small Baron denominated from his possession and iurisdiction came to their Parlament but that was altered as with vs by Henry III. by their Iames b 23 Iacob 1. Parl. cap. 101. A. Chr. 1427. v Parl. II. Iacob 6. cap. 113 Parl. 5. Iacob 6. cap. 275. the first and in steed of them II. Commissaries of euery Shrifdome as our Knights of the Shire sent to the Parlament The Act of this alteration thus speaks at large Item the King with consent of the haill Counsell generallie hes Statute and ordained that the small Baronnes and free tennentes neid not to cum to Parliaments nor generall Councels swa that of ilk Shirefdome their be send chosen at the head Court of the Shirifdome twa or maa wise men after the largenes of the Schirefdome our tane the Schirefdomes of Clâ—kmannan and Kinrosse of the quhilkes ane be send of ilk ane of them the quhilk sal be called Comissares of the Schire and be thir Commissares of all the Schires salbe chosen ane wise man and expert called the Common speakâ—r of the Parliament the quhilke sal propone all and sundrie needis and causes pertaining to the Commounes in the Parliament or generall Councell the quhilkis Commissares sal haue full and haill power of all the laif of the Schirefdome vnder the witnessing of the Scheriffis seale with the seales of diuerse Barrones of the Schire to heare treat and finally to determine all causes to be proponed in Councell or Parliament The quhilkes Comissares and speakers sal haue Costage of them of ilk Schire that awe compeirance in Councel or Parliament and of their rentes ilk pound sal be vtheris fallow to the contribution of the said Costes All Bishoppes Abbots Priors Dukes Erles Lordes of Parliament and Banrents the quhilkes the King will be receiued and summond to Councel and Parltament be his speciall precept So that it seems that before this act euery lesser Baronne and Freeholder was bound to come and assist with his presence at their Parlaments which is confirmd also by other c Parl. 6. Iacob 2. cap. 76. Acts one thus speaking Item the Lords thinkis speedfull that na Freehalder that haldis of the King vnder the some of Twentie Pounds bee constreined to cum to the Parliament or generall Councell as for presence bot gif he be ane Baronne or els be specially of the Kings Commandement warned outher be Offiâ—â—ar or be Writ But vnder Iames IV. d Parl. 6. Iacob 4. cap. 78. it was enacted that na Baronne Freehalder nor Vassal quhilk are within
time professe or read it But when Lothar took Amalfi hee there found an old Copie of the Pandects or Digests which hee gaue as a precious Monument to the Pisans hence it was called h U. Ang. Politian lib. 10. Epist. Marquard Breisacio Litera Pisana from whom it hath been since in M. CD XC VI. translated to Florence where in the Dukes Palace it is almost with Religion preserued and neuer brought forth but with Torches Light and other Reuerence Vnder this Emperor Lothar began the Law to be profest at Bologna where i Odofredus apud Sigonium de Regno Italiae lib. 11. et 7. Irner or Werner as Conrad à Lichtenaw calls him first made Glosses on it about the beginning of Fr. Barbarossa in M. C. L. and by the fauor of this Lothar was Bologna vpon the aduise of Irner it seems constituted to bee k Verba Lotharij ap P. Merul. Cosmog part 2. lib. 4. cap. 33. Legum Iuris Schola vna sola And here was the first Time and Place of that Profession in the Western Empire But Iustinian expressely ordaind that none should teach the Ciuill Lawes except l Constit. de Iuris docendi rat §. Haec autem only in Constantinople Rome and Berytus which although Bartol interprets as of necessitie he was driuen to maintain his Profession with Nisi tempore ius Academiae sit quaesitum yet why then was Bologna no place for the Laws vnder Iustinian for they pretend there to haue been as an Vniuersitie from the Grant of Theodosius the yonger in CD XXIII Plainly vnder Iustinian who euer had taught out of one of those three Cities was Denarum librarum * About thirtie pounds of our monie auri poena plectendus and to be banisht out of the Citie where hee durst so professe Neither would the matter of being a Vniuersitie haue helpt it But before Lothar the Gouernment was by the Salique m Sigon de Reg. Ital. 4. et 8. sub A. 1007. Lombardian and Roman Laws the Roman beeing some piece of what had been vsd in Rome euerie one liuing according to either of them as hee would make choise About the same time also the two Bastard brothers by whose worth and of the third Peter Comestor their Mother thought shee should bee sau'd neither would repent but trusted to hir merit in bearing three so famous Gratian a Monk in Bologna and Peter Lombard at Paris one made the Decree the first Volume autorised for Can on Law by Pope Eugenius III and the other the Sentences Such as since haue writen on the Digests 〈◊〉 Code vntill the cleerer light of Learning began mongst our Fathers talk for the most part like Rablais his Bridoye Some most honord of later time that vnderstood their Text and studied the Laws as well because they would curiously know as bee meerely * Continuall Practisers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 haue with iudgment instructed in part of this Purpose The Margine confesses without blushing their and all other mens helps If either Enuie or Ignorance question how I bred from the bottome of Obscuritie and so farre from Court-Custome should dare at these Honors let it know I learn'd long since from a Great Clerk that Robert Bishop of Lincoln vnder Henrie III That there was in Libraries greater aid to the true vnderstanding of Honor and Nobilitie then mongst Gold and Purple outsides Hee beeing demanded by the King Vbi n Io. de Aton in Constit. Othoboni tit de Bonis Intestat verb. Baronum Moraturam didicit quâ Filios Nobilium Procerum Regni quos secum habuerat Domicellos instruxerat cum non de Nobili prosapia sed de simplicibus traxisset originem fertur intrepidè respondisse that hee was taught it in the Courts of greater Princes then the K. of England meaning of those Ancients whose Courts were represented in his Volumes of Storie In Coniectures I durst not bee too bold Where but meer fancie can direct it were ridiculous to regard them but when they seem to offer themselues they deserue the choise of Iudgment That Religious abstinence of the old Iews who referd all such Dignos vindice Nodos as were too difficult for their humanitie to Elias his resolution were good to be proportionably more obseru'd in all Learning especially by those which are and too manie are so vnfortunat in their ghesses that on the apparantly worst of diuers they often insist Malicious Censure I regard not Ingenuous I honor Reader Farewell The summe and first Pages of the Chapters The chiefe Matter only of them the particulars being in the Contents before euery Chapter Of the first Part. CHAP. I. THe beginning of a Monarchie the first King pag. 1 CHAP. II. Difference of King and Emperor and much of them the great Duke or Emperor of Muscouy or Russia pag. 18. CHAP. III. Lord. Lord of Ireland Shah and the like pag. 46. CHAP. IV. Caesar Augustus Pharaoh Most Christian King Catholike King Defender of the Faith and such like pag. 68. CHAP. V. Prester Iohn Cham or Chan. Chaliph Amir Almumenin Of the Alcoran Persian Sophi Schach Xa Saa and the like pa. 85. CHAP. VI. Particular formes of Speaking to or by great Persons Maiesty Speaking in the Abstract or Concret Worship and 〈◊〉 pag. 114 CHAP. VII Annointing of Kings Crowns A disputation against receiued opinion of Crowns Tulipant Crowns of seuerall Princer Scepters Globe and Crosse. Croissant of the Mahumedans pag. 128. Of the second Part. CHAP. 1. PRinces apparant successors Caesar. Rex Romanorum Despot Daulphin Monsieur Etheling Clyto Prince of Wales Pr. of Scotland Infanta Prince of Astura pag. 168. CHAP. II. Dukes Of them Counts and Marquesses as the names were anciently confounded Archduke Coniecture whence the seuerall formes of Crowns for subiect Princes came into these Western parts Dukes in seuerall Nations pag. 182. CHAP. III. Marquesses in seuerall States pag. 209. CHAP. IV. Counts and Earles Graffes pag. 219. CHAP. V. Counts Palatin the speciall beginnings of euery of ours in England pag. 241. CHAP. VI. Viscounts and Vidames pag. 250 CHAP. VII Barons the Notation of the word and its seuerall Notions Thanes Vauasours and diuers like p. 258 CHAP. VIII The beginning of Feuds Of the old Saxon Tenures somewhat pag. 293. CHAP. IX Knights and ancient and later formes of Knighting A Knights Fee and Furniture Ius sigilli Aureorum Annulorum Seales Aides Miles Degrading a Knight pag. 305. CHAP. X. Esquyer Armiger Peeres pag. 340. CHAP. XI Bannerets Baronets Knights of the Bath Of the Collar or the particular Orders of Knighthood with their beginnings and chiefe particulars pag. 352. CHAP. XII Turkish Dignities some of Tartarie Clarissimus Spectabilis Illustris Superillustris Patricij pa. 376. Reader At the end are some Additions which I would haue you read with the context The Pages there noted and the Lines will direct you pag. 387. Then follow I. The Faults of the Print corrected and by them
pro corpus humi prosternere antiquitus accipitur vt videre est in Esth. Apoc cap. 13. com 20. Aemilio Probo in Conone alibi Tacitus will enough explane Nec deerat Otho protendens manus adorare vulgum iacere oscula omnia seruilitèr pro Dominatione But the Falling down added to the Adoration was the greatest and the Persian honor vsed towards their Potentats Kings Thence haue you adorari more Persarum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Which is exprest by Euripides thus personating Phrygius to Orestes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And Ipse saith Lampridius of Alexand. Seuorus adorari se vetuit that is with the Diuine respect of kissing the hand quum iam caepisset Heliogabalus adorari Regum more Persarum Another of u Trebellius Pollio in 30. Tyrannis videsis Theophil Ad Autolic lib. 1. de adorando Caesare Zenobia Adorata est more ReguÌ„ PersaruÌ„ Whence Seneca x De Beneficijs 2. cap. 12. speaking of Caligula's offring his foot to kisse saies he was homo natus in hoc vt mores liberae Ciuitatis Persicâ seruitute mutaret But in Alexanders turning the Grecian libertie into this seruitude Q. Curtiê° expresses it by venerari procumbre humi corpus prosternere And therof saith Iustin Retentus est à Macedonibus mos salutandi Regis explosa adoratione Wheras plainly Adoration Salutation with a kisse of the hand is all one in the right sense of the word How much the greatest kind of adoratioÌ„ is vsed to the Great Duke of Moscouy the King of Calecut the great Chan the Turk and such more you may easily see in RelatioÌ„s of their States How the Iewish Nation auoided it the story of Haman Mordechai discouers And you may remember y Pet. Vict. Hist. septenarie liure 1. Philip II. of Spain his answer to the Embassadors of Germany reprouing him because he wold haue euery man speak to him kneeling He excused it only lest he being so short his taller subiects should be aboue him But among the Persians z Xenoph. Cyropaed 1. 5. in Agesilao also it was in vse to Kisse at their Farewells as likewise among the a Gen. 31. 28. Iewes And som think that it was as an honor in the Roman state to their women whom their b Plutarch problem Rom. 6. v. cum de virt Mulier Plin. lib. 14. cap. 12. alios kinsmen only not others indifferently as the vse was betwixt Men kist at their salutations although diuers other reasons are deliuered for that matter And when Eumaeus in the fields first saw his yong maister Telemachus newly come home c Odyss 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he met him he kist his head his eyes and both his hands And when the Argonautiques came to Chirons Den to see Achilles Chiron entertaind them and d Orpheus in Argonautic 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 kist euery one of them Where and in other examples it appears that a kisse giuen and taken was accounted as a speaking and mutuall signe of obsequious e v. si vis C. de Domestic l. 1. ibid. DD. vbi ad osculum admitti honos maximus or peacefull loue according to the qualitie of the Persons receiuing and giuing And in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is both to loue and to kisse as it is also to this purpose obserued I remember somewhere in Xenophon So I vnderstand Laban's kissing of Iacob and Esan's also although a Iewish f Rabbi Ianna ap Buxtorf Thesaur Gram. 1. cap. 5. fable supposes that he fell on Iacob to bite him and that Iacobs neck presently became as hard as marble and so resisted his teeth In like manner vnderstand that of the g D. Luc. 7. com 45. Euangelist Thou gauest me no kisse but shee from the time I came to her ceased not from kissing my feet and sufficient analogie is twixt this kind and the Holy Kisse or Kisse of Charity in the Primitiue Church which is spoken of in the holy Epistles and with which Christians after * Tertullian lib. de Orat. Origen lib. 10. in Epist ad Rom. c. 16. their solemn prayers vsed to salute each other In the storie also of Thomas of Canterburie vnder our Henry I 〈◊〉 soft as elswhere occurres the receiuing him in Osculo Pacis It hath been vsed to the Feet in Homages done vpon inuestitures as you may h Ms. vet apud Camd. vide G. Gemiticens lib. 2. cap. 17. De fide data osculo libato porrectâ dextrâ vide Suid. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 see in that of Rollo or Robert first Duke of Normandie receiuing the Dutchy from Charles the simple and such more Hence at this day it so farre continues that when the Tenant doth Homage to his Lord or King he is among other ceremonies to kisse him whereupon in time of Henry VI. a great plague i Rot. Parl. 18. Hen. 6. artic 5â— being about London a peticion was put vp in Parliament desiring the King for his owne preseruation To ordain and grant so are the words of the Roll by the autoritie of this present Parliament that eueriche of your said lieges in the doing of their said Homage may omit the said Kissing of you and be excused thereof at your will the Homage being of the same force as though they kissed you and haue their letters of doing of their Homage the kissing of you omitted notwithstanding and the subscription is Le Roy le voet as the vsuall words of his consent are And for the subiects to kisse their King I read k R. Abenezra ap Drus. Obseru 2. cap. 16. it was vsuall in India whereas on the other side those of Numidia more gentis suae nulli mortalium osculum ferebant Which my l Ualer Max. l b. 2. cap. 6. autor commends in them and giues this his reason Quicquid n. in excelso fastigio positum est humili trita consuetudine quo sit venerabilius vacuum esse conuenit But of Kissing too much It must be then concluded that to such Princes as haue their own right next vnder God as our Soueraigns and diuers other may well be challenged with respect to what they Rule any Title that the Emperors haue had to expresse them as Monarchs or great Potentats those other Kings hauing their Monarchies regarding the particular libertie of euery ones Country as in supreme and sure right 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 m Aristot. Politic 3. cap. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. by reason of their lawfull succession as any Emperor possibly could haue The Latin Greek and the chief Eastern tongues for KING are before mentioned In the Prouinciall languages or Romances as the French and Spanish are called I l Re Roy Re are plainly from Rex But the Dutch Danish and English word Coning Konig
Greek hath not an expresse word for Maiestie Som haue q Glossar Vet. Graeco-lat v. 2. Petri cap. 1. com 16. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 turned 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Maiestas and Magnitudo but it properly signifies the last not so well the first which comes plainly from a Comparatiue Maiestas itaque are Casaubons words si verbi proprietatem spectamus Numinis est solius quod omnibus ijs quae magna dici possunt est maius Usurpatio est cum Principibus maiestas tribuitur But obserue their tradition of the Godesse Maiestie They fained that at first there was no distinction of Place or Precedence among the Gods but that the meanest would somtimes sit in Saturns own Throne And this they say r Ouid. Fastor 5. continued Donec Honor placidoque decens Reuerentia vultu Corpora legitimis imposuere toris Hinc sata Maiestas quae mundum temperat omnem Quáque die partu est edita Magna fuit Nec mora consedit medio sublimis Olympo Aurea purpureo conspicienda sinu As Maiestie was there bred of Honor and ReÌ„uerence so proportionatly mongst men and thence the word applied to the supreme of Men. But also they vsd Numen Imperatoris and Oracula Augusti for Edicta and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as if you should say diuinitùs sancimus for statuimus And before this great communicating of Maiesty the Emperors s Paul ff de legat 2. l. 87. §. Lucius Scoeuola ff lib. 40. tit â—1 l. 3. had the attribute of Sanctissimus and such like These beginning vnder Heathenisme continued after Christianitie Whence when they speak of the Crimen Maiestatis they t Athaliat tit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 66. Glossar Vet. Sanctitas Regum ap Iul. cas in Tranq vse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which may be interpreted a iudgment or accusation touching what is committed against a thing sanctified or sacred But I think 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 will be most proper in substance for Maiestie although George Codin translated hath alwaies Regnum for his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vnder fauour not without error They had also their u Codin Meurs Gloss. Graeco Barb. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. sacred Maiestie which was proper only to the Emperor and that when others spake to him he himself in modestie omitting Sacred and speaking only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But Maiestie exprest in this word was communicated also to the Despote Sebastocrator and Caesar. The Despot was the heire or successor apparant of the Constantinopolitan Empire vnderstand of the times since Alexius Comnenus though before him it were a generall name as My Lord the Sebastocrator the second from him in dignitie and next the Caesar Protosebastus and so forth But to our purpose receiue this out of their c Curopalat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quem tamen absque Iunij Restitutione locorum ne legas traditions Before the Emperor they calld the Despote My Lord 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Maiestie was applied to him the Sebastocrator My Lord 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sebastocrator the Caesar my Lord Caesar in those words as the other and to both these also was Maiestie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 applied But if any other Great men about the Court 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 had occasion to vse the Despot's name to the Emperor they thus My Lord 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Your sonne the Despote If they speaking among themselus mention'd him then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Our Lord the Despote For in later Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is Our either corruptep from their ancient own or induced by Tartarian or Turkish wherein Babamus is our Father If a great man spake to the Despote he might either call him My Lord the Despote with the word last remembred or for greater honor Our Lord the Despote If any of the Despot's seruants or followers vsd his masters name to the Emperor hee might not call him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which I interpret to be in fashion the same with Our My Lord when we speake indifferently of any Nobleman but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. My Lord and Master your sonne the Despote For so I thinke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is best here translated If a man spake to any of their other Great men 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hee neuer vsd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 On the other side 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was neuer vsd to the Despote but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Neither could they render reason for all those but because vse and custome had brought them to it Neither hath the Grammaticall difference of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any thing to do here For our Kingdome Maiestie saith the learned Author of the Remains came hither in time of Henry the Eight as Sacred Maiestie lately in our memory Vnderstand him as it was commonly in vse and properly to the King applied For in the Epistles of Iohn of Sarisbury is Maiestas tua diuers times to Henry Fitz-lempresse vnder whom hee liu'd and the same is there vsd also to Pope Adrian Grace mongst vs began in time of Henry IV. and Excellent grace as you read in the Remains vnder Henry the Sixt. High and mighty Prince vnder Edward the fourth But about those times it was not solely proper to the King as it seems by the Concord touching the title of the Crowne twixt Henry the sixt and Richard Duke of Yorke made in XXXIX Henry VI. in Parliament at Westminster with this title Betwixt the most High and most mighty Prince Henry the fixt King of England and of France and Lord of Ireland on the one partie and the right High and mightie Prince Richard Plantagenet Duke of Yorke on the other partie and the Duke of Glocester vnder Henry the a Parl. 3. Hen. 6. art 1. 26. sixt is calld High and mightie Prince and the Duke of Excester Hault and Puissant Prince Anciently how our Soueraigns were in this kind titled may be obserud vpon these examples Au Tresnoble tréshonorable Prince son trescher Seignior si luy pleist Monsieur Edward per la grace de Dieu Roy d' Engleterre Signior D'irland Duc D' Aquitaine le sone Henry Percy reuerence honeurs In a letter b Rot. 25. Ed. 1. in Arce Londini de Rebus Scotiam tangentibus memb 4. 6. saepius to Edward 1. writen from Dunwich and the like in diuers other Records is And there the Barons of the Exchequer send to the King with Nous maund à vostre hautesse c. But also in times later then Edward 1. titles and notes of Greatnes being not in that distinction or Curiositie as now som such as are with vs mean were competent to highest Princes I remember I
which was afterward Edward I. vt maturiùs ad res gerendas grauiores experiens redderetur fit Walliae Princeps simúlque Aquitaniae ac Hyberniae praefectus Vnde natum vt deinceps vnusquisque Rex hoc secutus institutum Filium maiorem natu Walliae Principem facere consueuerit It is true that Wales with Gascoigne Ireland and some other Territories in England were giuen to this Prince Edward vppon his marriage with Elianor daughter to Alfonso King of Spain Yet the Principality of Wales was not in that gift so speciall to this purpose For after the other it comes in the Patent in these words only k Archiu 39. Hen. 3. Vnà cum conquestu nostro Walliae When this Edward was King he made his sonne Edward of Caernaruan Prince of Wales a more particular course in policie vsd about it is in som of our stories whither I referre you and by that name and Earle of Chester sommond him to Parliament But all these made nothing to inuest the Title perpetually in the Heirs apparant although some haue deliuerd otherwise For this Edward of Caernaruan afterward Edward II. sommond his eldest sonne Prince Edward by the name of Earle of Chester and Flint only But when this Prince was King Edward III. he in Parliament first creats his sonne the Black Prince Duke of Cornwall quod primogenitus filius Regis Angliae qui foret hereditabilis Regno Angliae foret Dux Cornubiae quod Ducatus Cornubiae foret semper extunc primogenitis filijs Regum Angliae qui foret proximus haeres predicto Regno and giues him diuers possessions annext to the Duchie l Pat. 11. Ed. 3. memb 1. chart 1 Tenendum eidem Duci ipsius haeredum suorum Regum Angliae Filijs primogenitis et dicti loci Ducibus Since when the eldest sonnes of our Soueraigns haue been by law accounted Dukes of Cornwall in the first instant of their birth Neither only the eldest in respect of absolut primogeniture but also the second or other after the death of the first or former on whom this Title was so cast as it was lately resolud vpon good and mature reason grounded by diuers autorities and presidents for the now most noble Prince Charles Not long after the same Black Prince was inuested in the Principality of Wales Tenendum sibi heredibus Regibus Angliae since when neither is the true beginning of this Title of any other time The heirs apparant haue been honord with PRINCE OF WALES some hauing been created in like forme others only calld so The last creation was in that most hopefull blossom vntimely cropt out of Britains Garden Prince Henry whose title also was often Prince of Great Britain In Scotland the eldest sonne heire is born PRINCE OF SCOTLAND Duke of Rothsay and Stewart of the Kingdom The title of Duke of Rothsay hath so been since m Circa câ—â— cccc Robert III. first honord his eldest sonne Prince Dauid with it Yet Henry Lord Darley had it also before his marriage with Queen Mary And as Rothsay to the eldest so the Earldom of Rosse is in Scotland to the second sonne Thus speaks the n Parl. 9. Iacob 3. cap. 71. act of Parliament vnder Iames III. Our Souueraigne Lord with consent of his three Estaites of the Realme annexis till his Crowne the Earledome of Rosse with the Pertinents to remaine thereat for euer Swa that it sall not be leiffull to his hienesse or his aires nor his successoures to make alienation of the saide Erledome or ony part thereof fra his Crowne in ony wise saifand that it salbe leiffull to him and them to giue the said Erledome at their pleasance till any of his or their secunde sonnes lauchfully to be begotten twixt him and the Queene So in a manner are the Appanages in France and the Duchie of York with vs and the like In imitation of the English honor of Prince of Wales the INFANT and heir of SPAIN Infant is but o Infantes dicti passim Regum filij Roderico Toletano Rod. Santio vt Hispanicè Infantes Sonne or Child as in France les enfans le Roy had the title of Prince of Astura Principe de las Asturias which began first in Henry sonne of Iohn 1. King of Castile and Lions and afterward Henry III. of that Dominion to whom Iohn q Ita Stephanus de Garibay in Compend Histor. Hisp. lib. 15. cap. 25. ab co vulgus quòd Principem Hispaniae siue Castellae compellant Haeredem Regni arguitur of Gaunts daughter Catharine was giuen in marriage Som of their p Roderic Sant part 4. cap 22. Duque de Alencastre in Stephan de Garibay Stories ignorantly stile him Dux Alencastriae and Glocestriae aiming questionles at Lancastriae and Leicestriae for he was Earl of Leicester To that Henry and Catharine Vt Asturum Principes vocarentur datum saith Mariana more ex Anglia translato vbi Regum filij maiores Walliae Principes nominantur quod ab hoc initio susceptum ad nostram aetatem conseruatur vt Castellae Regum maiores Filij Asturum Principes sint quibus annis consequentibus Vbeda Biatia Illiturgisque sunt adiectae In the Spanish Pragmatica of câ—â— D. LXXXVI For Titles it is ordered that the Infants and Infantas of Spain shall only haue the Title of Highnesse And in the top of Letters to them shall be only writen My Lord Sennor and in the end God keep your Highnesse only and vpon the Superscription To my Lord the Infant Don N. or To my Lady the Infanta Donna N. And that Highnesse without addition is to bee vnderstood only of the Prince heir and successor Dux in the times before the Caesarean Empire And in it Limitum Duces Ducatus Tunicae Ducales Ducianum iudicium Comites and the beginning of the Honorary Comitiua vnder Constantine His Counts of three Ranks The President of making a Count of the first Rank Dukes and Counts of the first Rank made equall Comitiua Vacans and Honorarie Titles without gouernment or administration giuen about the declining Empire 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Kings Friend 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the later Greek Empire Comitiua Secundi Ordinis How the name of Count was both equall and vnder Duke Dukes and Counts at will of their supreme anciently If a Duke then should haue XII Counties vnder him The beginning of this and other Titles to be Feudall and hereditarie in the Empire The ceremony of giuing Prouinces by deliuering of one or more Banners The making of the Marquisat of Austria a Dukedom The Archdukes name his habit and Crown in ancient Charters Imperiall Magnus Dux Lithuaniae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hereditarily giuen by Constantine the great to the Prince of Athens vpon weak credit Power giuen to the Duke of Austria being made a King to create a Duke of Carniola The difference of Dukes in the Empire Who of them
his own and his brothers name were both Robert His at his bâ—ptisme was Iohn But at his taking the Royall gouernment either for the vnluckines of the one name in the French and English or for the good which accompanied the other in his own predecessors changd himselfe out of Iohn into Robert The first Duke in Castile as is * Esteuan de Garibay lib. 15. cap. 27. 54. g Circa m. CCC LXX affirm'd was Frederique bastard sonne to g Henry II. of Castile by him created Duke of Benauente And Iohn successor to this Henry made his second sonne Ferdinand Prince of Lara Duke of Pennafiel Ferdinando minori Regis filio saith Mariana â—ui Lara Principatus erat oppidum Pennafielis additum Ducis nomine Corona Capiti imposita nullis extantibus Floribus quod Collatae dignitatis insigne erat tametsi nostra aetate non Duces sed Comites etiam Coronam clypeis adijciunt Regis haud absimilem But their Ducall Crown now is as in England fleuronee so was that of Ferdinando saith Stephen of Garibay and as a Kings not archt but that only the flowers are lesse and so euen que vna no suba mas que otra as Esteuan de Garibay's words are i. that one bee not higher then another And the ancient Dukes might weare it aswell on their heads as Armories and had diuers such prerogatiues euen Royall when they were all of Royall bloud But for the most part now cessing to bee so most of their prerogatiues also cesse saith Garibay at least in the Kingdomes of Castile In ancient time there aswell as in other places this Dignitie was only for life And to this day my autor is h De Reb. Hispan lib. 8 cap. 2. Mariana the steps of that Estate are in the Spanish Nobilitie For none of them Duke Marquesse or Count vse their titles after death of their Ancestors but Rege denuò annuente vnlesse some few such families only as by the Kings speciall grant may doe otherwise Which although here noted as many other things in this Chapter is appli'd to some Titles hereafter to bee spoken of The Pragmatica ordains that none whatsoeuer shall haue the Title of Excellent or Excellencie But that the the Grands all Dukes mongst them are Grands and some Marquesses and Counts or such as may stand couered before the King shall bee honord with Vuâ—stra Sennoria i. your Lordship And that in superscriptions to any Duke Marquesse or Count the place denominating his dignitie shall to it be added To speake here of particular Dukedomes their rights Regalties and such like were from our purpose Wee haue alreadie rememberd that il Gran Duca di Toscana the Duke of Florence had his Crown radiant and that Title of Gran Duca by speciall indulgence from Pius Qnintus who inscribd i Cicarella in Vit. Pontific his gift with Pius V. Pontifex Max. ob eximiam Dilectionem ac Catholicae Religionis Zelum praecipuumque Iustitiae studium donauit There is a parâ—icular forme of Creation instituted by Paul II. which for the length and because most of the differing Ceremonies are as proper to that Church I omit But there is no Crown but a Cap only Biretum and a Scepter Yet what the Reporter k Marcell corâ—grens Sa. Oerem I. Iust. 7. adds for his difference of Dukes I think may bee worth obseruation Et haec quidem saith he seruantur si Dux est Magnae Nobilitatis Potentiae vt fuit Tempore Domini Pauli PP II. Borsus Ferrariae Si verò esset Mediocris potentiae vt fuit Tempore D. Sixti PP IV. to this Pope this autor was a kind of Master of the Ceremonies Fredericus Dux Vrbini omnia seruantur nisi quod non duceretur à Cardinalibus sed à duobus assistentibus Papae principalibus sederet vltimus post omnes Cardinales in Banco Diaconorum eundo incederet solus post Crucem ante omnes Cardinales Quod si adhuc esset inferior tunc omnia alia seruarentur nisi quod non daretur ei sceptrum neque sederet in banco Cardinalium sed ad pedes Papae in supremo gradu eundo incederet ante Crucem post Oratores alios Principes here you see his triple distinction of them and others haue them by Maiores and Minores Duces wherupon saith the learned l De Coronis lib. 9. cap. 22. Paschalius that the Maiores omnes vnius ordinis esse Censentur omnes propemodum suspiciuntur vt Reges longeque antistant illis quos voco Minores Neyther can any not see much difference twixt those of Florence Ferrara Sauoy Lorrain Saxonie Brunswic and such more which mongst them also differently haue so many imperiall rights and the French of late time English Scotish and Spanish Dukes which are all Seignieurs Suzerains subiect Lords and many of them possessing their denominating Territorie in Tit'e only not in gouernment Yet Charles L'oyseau idly minseth his difference to small where he makes our English Dukes to bee a degree by themselues qui ne sont qu' a vie come Officiers What Dukes he means with vs I know not But all men may know that since Edward III. the Title hath been Honorary and Hereditarie Nor doth that frequent name of Duke occurring in Genes XXXVI belong to this place The word in the holy tongue is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Paraphrases of Onkolos and Ionathan turne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 both signifying a Lord Prince or great Ruler and the m Rabbi S. Iarchi in Genes 6. Com. 15. Ebrewes interpret them there 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Heads of families or Kinreds although Alloph may serue also to expresse any great dignitie vnder a King The Rabbins say that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Euery Alluph is a Kingdom without a Crown which Elias interprets that euery King not crownd is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 * Dux i. a Duke The Germans call them Hertzogen and Hertochen whence the Hertochij in that vnder the name of the Confessors laws both signifying Dux as he is exercitui praefectus Remember what is in the first booke of the Duke of Moscouie for a Duke vncrowned yet supreme Prince Ducis Limitanei Marquesses whence the name Marque 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in old Gaulish Marcheta Mulieris the Brides maidenhead Mareshall vsuall application of names of a later age to antique relations by old English Poets The deriuation of Marquesse a mari idle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 How in one man Duke Count and Marquesse was anciently often exprest The beginning of the name of this Dignitie in the Empire Markgraue Marchio Burgundiae and Normanniae His inuestiture by a Ring His Coronet Presedence in France Alciat's admonition in point of Presedence Marchiones in England Iohn of Sarisburie corrected Snowdon Controuersie twixt the Lords Marchers and the Barons of the Cinque Ports about bearing the Canopie Earle of March. First Marquesse in
ane hundredh markes of this extent that now is be compelled to come personally to the Parliament bot gif it be that our soueraine Lords write specially for them And sal not to be vnlaued for their presence and they send their procuratours to answere for them with the Baronnes of the Schire or the maist famous persons And all that are aboue the extent of ane hundreth markes to cum to the Parliament vnder the paine of the auld vnlaw Which Acts I haue the rather transcribed because out of them fully appears the difference of their Lords or Parlamentarie Barons and their Lairds or only Barons by name For those Freeholders not Parlamentarie are no longer honorarie or Barons in the best degree but meerly as possâ—ssors of a small Territorie and are being Lairds beneath Knights and with them reckond as our Commons which consist in Freeholders But those other which are part of the Lords temporall are in proportion with ours of England But both theirs and ours are much different from those of France and of a superior note for as is alreadie shewd the French Barons are Seigneurs mediocres and hold not of the Crown whereas all both Scotish and English being Parlamentarie haue no other Tenure if you respect the dignity as held or other originall if you regard their Creations In e L'oyseau des droicts de Med. Seig. chap. 8. §. 10. France as Dukes Marquisses Counts and Princes haue the priuiledge of bearing a Coronet on their Armories so Vicounts Barons and Chastellains haue the speciall honor of the Gilt Helmet and bearing it open But saith f Paschal de Coronis lib. 9. cap. 13. another of France Barons may wear Non quidem laminam integram latam sed tenuiorem ac restrictiorem ac veluti circulum siue gracile vinculum aureum In Spain their Ricos hombres which had Knights Vassalls vnder them anciently the name I think not now vsd mongst them were neerest as Barons in other States and if I am not deceiud are so now calld For a Corollarie to this Discourse of Barons we add and that enough opportunely the ancient title of Vacuassours or Valuasors They questionles began in the Empire when the other Dignities of Duke Marquesse and the like In the name of Valuasores-Regis and Regni and Maiores were comprehended Duke Marquesse Count and Capitaneus howsoeuer others otherwise interpret Read this in the beginning of the Feudals Dux Marchio Comes feudum dare possunt qui propriè Regni vel Regis Capitanei dicuntur Sunt alij qui ab istis Feuda accipiunt qui proprie Regis vel Regni Valuasores dicuntur sed hodiè Capitanei appellantur Qui ipsi Feuda dare possunt Some hence inferre that Ualuasores Regis aut Regni or Maiores were such as had their Feudal Honor vnder and from Dukes Marquesses or Counts insisting vpon the words sunt alij qui ab Istis c. Where vnder fauor Istis is to bee refer'd to Regni vel Regis as if the Composers of those laws had said there are others also calld Capitanei and Valuasores or Capitanei Regis haue their best Dignitie Autoritie of the same laws in another passage maintains it where after an enumeration of the Three chief Feudal Honors is added Qui vero a Prineipe vel ab aliqua potestate de plebe aliqua vel plebis parte per Feudum est inuestitus is Capitaneus appellatur And then Qui proprie Valuasores Maiores olim appellabantur What can be more plain then that Valuasores Maiores are referd to Dux Marchio Comes Capitaneus So that as all Dignities aboue Baron is included in the Baronage yet Baron a distinct Title so all were called Capitanei Regis Ualuasores Maiores yet Capitaneus the same with Valuasour anciently a particular and separat Dignitie The name of Capitaneus occurrs somtimes in the Epistles of Peeter de Vineis Secretarie to Frederique II. and the Dignitie in abstract is calld g Pet. de Vineis lib. 6. Epist. 22. Capitania It was the self same word which we vse in the Warres Captain And thence had the later Grecians their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for the Office or Dignitie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Neither in the Feudall law is any name more competent to the Honorarie and Feudall Baron then Capitaneus Regis or Ualuasor Maior The Feudalls go on Qui verò à Capitaneis antiquitùs Beneficium tenent Valuasores sunt That is as of necessitie it must bee vnderstood Valuasores minores or simply Valuasores and thereby distinguisht from the other Qui autem à Valuasoribus Feudum quod à Capitaneis habebatur similit er acceperint Valuasini id est Minores Valuasores appellantur where the great Lawiers Hotoman and Cuiacius not so much regarding the words of the text as the substance of the matter make the diuision of Ualuasours into Valuasores Maiores i. of the first Rank and Capitanei Valuasores Minores simply here calld Ualuasores and Valuasini or Valuasores Minimi which are stil'd here Minores as if in our language you should say Lord Paramount being at lest a Baron not King Mesne and Tenant-perauaile And all these there were accounted Titles Honorarie in the Empire after such time as all Honor discendible became Feudall wherof more presently There were anciently Valuasores also in France Ieffrey of Vendosme in an h Goffrid Vindocinens lib. 2. Epist. 32. Epistle Praeter ista multa alia damna Dominus Ioannes filius Comitis Vindocinensis cum eo quidam Valuassores Milites de Castro Vindocini quandam Optimam Obedientiam nostram depredati sunt Where Sirmond the Iesuit notes this inscription mongst Sugerius his Epistles Sugerio Abbati Domino suo G. Maior Valuassores tota sancti Richarij Communia And adds of his own that Valuasours are the same which they now call Nobiles atque incolae Oppidi alicuius whereto without reference to a tenure I assent not And a great i Ex Butelerij sum Rurali Hotomanus in Verbis Feudalibus Lawier allows of this definition or rather description of their Valuasor Valuasor dicitur Nobilis qui summae Coercitionis non etiam nundinarum mercatus ius habet Vn gentilhome qui a Seigneurie de haute Iustice. Estque saith Hotoman Barone inferior atque ab eo feudum suum obtinet In the old customs k De parties 〈◊〉 heritage chap. 26. 34. of Normandie the Tenancie of a Valuassour vnderstand chiefly of the meanest is titled Vauassourie L'heritage the words are est appelli partable en quoy le Seigneur ne puit reclamer nulle garde sicome sont Vauassouries tout auter tenement villain Where the French Glosse saies that you must take it spoken des vauassouries non noblement tenus affirming that other Vauassouries there are noblement tenues These ignoble Vauassouries
are elswhere in the same Custamier rememberd and thus described Les Vauassouries sont tenues par Sommage per seruice de Cheual Which the Glosse interprets Parcemot par seruice de Cheual sont entendus Villains seruices qui se font a sac a somme lesquels on appelle coÌ„munement sommages so to distinguish this seruice de Cheual from militarie seruice known by the name of Chiualrie For that Somme and Sommage is questionlesse from the Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. that which is laid on a Sumpter-horse either as his burden or as the Pack-saddle for easier carriage Whence they call such horses or other beasts so employ'd l Suidas Leâ— Tactic cap. 5. §. 7. cap. 6. §. 29. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because they beare 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. burdens Hence had the Latins their m Lamprid. in Heliogabal vbi vide Is. Casaubon quin Isidor Origin 20. cap. 16. Sagmarij equi caballus sagmarius and mula Sagmaria and those of the later and more barbarous times turn'd it into Summarius and Saumarius from which Sommage and n Chart. de Forest artic 14. videsis Bracton lib. 2. cap. 16. §. 6. de vno equo sacco cum brochia Summagium easily grew vsd also in our Law After the Norman Conquest Vauassors were in England and by that name mention'd in the Laws of Henry 1. and perhaps were a kind of feudall dignities twixt Barons and Knights For Bracton reckoning Counts and Barons puts Vauasors before Knights and thus of them Sunt alij qui dicuntur Vauasores viri Magnae Dignitatis Vauasor enim nihil melius dici poterit quam vas sortitum ad valetudincm Speciall remembrance of this Dignitie in our English Monuments is seen scarcely and the Title long since worne away Yet Chaucer describing his Franklein whom hee makes a better Housâ—keeper then in hast are mongst the best to be now found thus mentions the Name At Sessions there was he Lord and Sire Full oft time he was Knight of the Shire An o Poygnard Anlace and p Pouch Gipsere all of Silke Hing at his girdle white as Morow milke A Sherife had he ben and a Countour Was no where soch a worthy Vauesour It 's likely that he gaue him this Title as the best and aboue what he had before commended him for Neither would he haue put it as an addition of worth to a Sherife and a Countour vnlesse it had bin of speciall note and honor For a Countour was if I am not deceiu'd a Sergeant at Law knwn also then by both names Countors sont Serieants saith the Mirror q â—bezle seigneur Coke en l'epist du 9. liure of Iustices sachans la ley del Royalm and the Custumier of Normandie Il est appelli Conteur que ascum establist à parler conter pour soy ea court The word is interpreted by Narrator Often in the Plea Rolls of Henry III. you haue per Narratorem suum In the old Scotish laws there are Subuasores which were as the Uauasini in the Empire Illi qui r Malcolm Mackeneth Leg. cap. 8. §. 8. tenent de Militibus qui vocantur Subuasores leges tenebunt c. and the Valuasores minores of the Empire were as the Milites or immediat seruants to Barons in Scotland The Ciuilians commonly deriue the word à Valuis quia asside bant valuis i. portis Dominorum on feast dayes I am very suspicious of their conceit But it will be clear that it 's compos'd at least in part out of Vassi or Vassall wherof presently speaking of Feuds The more common opinion of the beginning of Feuds Militarie The Feudall Customes by whom and when compos'd Nobilitie of the Empire grounded on Feuds A better and more true opinion of the Originall of Feuds as they came into the Empire 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Eastern Empire Vassi and Vassall Gaesa or Gaisi Communitie of Gu. Qu. and W. Guassdewr Vassallus if a dimmunitiue of Vassus A kind of Feuds very ancient in the Roman Empire The attendance of the Tenants of the Empire at the Coronation anciently Militarie Fiefs in England how before the Normans Expeditio Pontis extructio Arcis Munitio vsually reseru'd in the most indulgent Charters of the Saxon Kings Trinoda Necessitas Wardships In England and Scotland when First Deriuation of Feudum and Alodium A Charter of King Athelstan in rime The affectation of Riming Charters in that age CHAP. VIII OF Feudall Dignities thus much I so call them because their Origination as they now remaine Honorarie is chiefly referd to the first disposition of Territories and Prouinces in Feudall right vnder the French and German Empires The beginning of Feuds cannot but be here necessarie The common opinion supposes it in the Longobards or Lumbards a Northern Nation Their incursions into Italie vnde iura Feudorum saith Bodin in vniuersam Europam fluxerunt and greatnes there began vnder Iustin 11. about D LXX of our Sauiour Millan was their seat Royall and in it their first King Alboin inaugurated And it s commonly affirmd that they brought the more formall and frequent vse of Militarie Feuds thither with their other customs hauing had mongst themselues the vse of them very aucient Which it seems the Cimbrians vnder that name all Northern people of Europe specially were anciently comprehended and so in it the old Longobards thought of as a matter vsuall in their Nation when heretofore being bar'd out of Spain and Gaule they requested the Roman State s Florus lib. 3. cap. 3. vt Martius populus aliquid sibi terrae daret quasi stipendium Caeterum vt vellet manibus atque armis suis vteretur For Militarie Feuds had therin only their being that the Tenants should be readie for defence of their Lords with Martiall accoultrements When by the French Charlemagne the Lumbardian Kingdom ended these Feuds still remained and vnder him they were vsually giuen for life with Dignities annext And when in t A. DCCCXL Otho the Great the German Empire was hee made the Dignities Hereditarie in Feudall right as before is exprest The forms of the Fealtie and such like of these times are extant and inserted in Sigonius his Storie de Regno Italiae Of them in generall terms thus the Feudall customs Antiquissimo tempore sic er at in dominorum potestate connexum vt quando vellent possent auferre rem in feudum à se datum Postea verò eò ventum est vt per annum tantum firmitatem haberent Deinde statutum est vt vsque ad vitam fidelis produceretur Sed cum hoc iure successionis ad filios non pertineret sic progressum est vt ad Filias deueniret Those laws and customs belonging to them were composd as they now are vnder Frederique Barbarossa about M. C. L. by Gerard Neger and Obert de Orto
Aeneidos 8. Polybium lib. 6. alios pugnare cum hostibus lawfully fight with the enemie But these religious solemnities wore away in ancient time It grew afterward fashionable for one King to send his sonne to another to take the Order vt acciperent Arma Militaria or Virilia as the Monks vsually expresse it Which well agrees with that of the Longobards before mentioned Examples of that kind both here in Scotland elswhere are enough frequent So one King of another as in that of Alexander III. of Scotland He married the Lady Margaret daughter to to our Henry III. The Nuptials being celebrated in Christmas at York the King of England Knighted his Royall sonne in law with twentie more Where the Earle Marshall of England as an ancient right of his Place requird the King of Scotland's Horse and Furniture for his fee which although in those times it seems i Statut. West 2 cap. 46. De Marescallis the Earle Marshall had at the Knighting of any Baron or superior Nobleman as also at the Homages done by any such either Secular or Religious yet it was answerd that from the King of Scotland no such fee was due because hee might haue took the Order of any other Catholique Prince or at his pleasure of any of his own subiects of his Nobilitie Responsum fuit saith the k Matth. Paris 35. Hen. 3. Storie quod Rex Scotiae tali non subiacet exactio 〈…〉 quia si placeret ei potuit ipsa Arma suscipere a quouis Principe Catholico vel ab aliquo Nobilium suorum Sed ob reuerentiam honorem tanti Principis Domini ac vicini sui ac soceri tanti mallet ab ipso Rege Angliae Cingulo donari Militari quam aliquo alio Et sic praecipiente domino Rege in totum die festo omnimoda lis conquieuit And for that of the King of Scotland his saying that he might haue took it from a subiect of his own its true and so in our State some of our Kings haue receiud it Henry VI. was Knighted by Iohn Duke of Bedford and Edward VI. by Edward Sâ—imer then Earl of Hertford and the like many more occurre Nay in those ancienter times Earls which were then the greatest Nobles vnder the King and Prince had a power of Knighting Vnder Hen. III. the Earle of Glocester made his brother William Knight at a Tourneament So did Simon of Montfort Earle of Leicester Gilbert of Clare Some l Tillius de Reb. Gallic 2. like examples haue been in France And Los Caualleros vassallos de los Ricos hombres i. Knights made by the Ricos hombres anciently in Spain they were neer as Barons in other places are rememberd by m Apud Fr. Menenium ex P. Salanoua alijs Spanish Antiquaries And against the Scotish Expedition Prince Edward of Caernaruan first Knighted by his father Edward 1. made diuers Knights of his own autoritie at Westminster by girding with the sword But such also as were neither Princes nor Earles and that without any Regall autoritie transferd for if so it were not worth obseruation about the raigns of our first three Edward's somtimes made Knights in the Warres Dominus Iohannes filius Thomae say the n A. 1313. 1314 1316. 1318. Annals of Ireland fecit Milites Nicolaum filium Mauritij Robertum de Clonhull apud Adare in Momonia So Edmund le Botiller afterward Lord Deputie made XXX Knights at Dublin And Richard of Bernimgham for the good seruice that one Iohn Husee had done in the Irish warres gaue him amplas terras fecit illum Militem vt benè meruit And by the same autoritie Uenit Dominus Rogerus de Mortimer Dubliniam fecit Dominum Ioannem Mortimer Militem cum quatuor socijs And indeed this Roger of Mortimer was then as Lord Deputie of Ireland and might the better do it And in one of our yeer-books o Thirning 7. Hen. 4. fol. 8. Voyes Froissart â—ol 1. fol. 185. a Iudge on the Bench relates thus I haue heard saith he that a Lord had issue a sonne and carried him to the Font and presently as soon as he was baptized took his Sword and made him a Knight saying Be a good Knight if you can for you shall neuer be good Esquire It was a prerogatiue it seems anciently challenged by such as were themselues Knights For William of Badensel a German Knight at the Sepulchre made two by his own report Supra Sepulchrum Christi saith p Guil. de Badensel Hodoe-Poric in Terram Sanctam he pulchram feci de Resurrectione Domini missam celebrari aliqui de meis socijs Corpus Christi deuotè susceperunt Pâ—st Missam feci Duos Milites Nobiles supra sepulchrum gladios accingendo alia obseruando quae in professione Militaris Ordinis fieri consueuerunt This was in M. CCC XXXVI Now none but the King or one as his Lieutenant authorized giues this Order neither is it done by girding with the Sword but the deseruing kneels and a Sword is laid or slightly strook on his shoulder by the king vsing this French q Smith Rep. Angl. 1. cap. 17. Soiz Cheualter au nom de Dieu and then Auancez Cheualier This Ceremonie alone giues the Title of Eques Auratus that of Auratus comming from their right of wearing guilt spurres which hath been also a knights speciall ornament And vnder Edward II. Richard r Anonym Chron. apud Millium of Rodney was knighted by being girded with a Sword by Almaricus Earle of Penbrok and hauing one Spurre put on by the Lord Maurice of Barkley the other by the Lord Bartholomew of Badilsmere That striking with the s Tillius de Reb. Gallic 2. Sword hath been anciently the vse of the Empire and when Sigismund knighted Signell a French Gentleman in France to honor Signell with that name the want whereof was obiected to him in a Controuersie twixt him and Pâ—stellan hee did it by such striking of him kneeling and giuing him one of his gilt spurres and girding him with a girdle that had hanging to it in stead of a sword a great knife And this was done in France neither Contra maiestatem aut ius Regis saith du Tillet tentatum est quia ex Iure consultorum sententia Equites vbique in Imperio in alieno dominatu institui possunt For Creation of a knight thus much and as euery child knows in personall Creation only the being of knighthood is neither hath any man it otherwise Infanciones saith one t Mich. Molin ap Mennenium of Spain and Infancio is their hijdalgo i. a Gentleman perhaps from the German or Gothique Edeling or Etheling nascuntur apud nos Milites verò fiunt which you may applie to all States In elder times it was prouided in the Empire France and Spain that none should receiue this Order except hee were before in some degree of Ciuill Nobilitie A
contraire vel contradicerè creditor potest scilicet ipsum sigillum in Curia recognoscenda suum esse c. The like out of that y 33. Hen. 2. apud D. Ed. Coke in praefat ad lib. 3. Fine in the Countie twixt Walter of Fridastorp and Helias his sonne and Iohn of Beuerley leuied vnder Hen. II. and sealed with the seals of the Father and Sonne Either then the Chronicle of Abingdon misinstructs or els it wills that the Earle of Chester being yet not of the order of Knighthood vsed his mothers seale that is such a one as hers was without difference because perhaps after the order receiud som change was to bee added to his For Du Tillet cites an old iudgment of the yeer M. CCC LXXVI wherin he saith an Esquire dicitur cum Equestrem Ordinem suscipit sigillum mutare But hee speaks it only of Burgundie Others being moud by the Monkish z Chron. Abb. de Bello apud G. Lambard in Itin. Cantij pag. 405. report touching Richard Lucy chief Iustice of England his finding fault with a mean man for vsing a seale vnder Henrie II. think that in those times they were peculiar to men of the greater fashion and that they became common not till about Edward III. Indeed diuers Charters were in the Norman times before that made without seales yet an old * Bracton lib. 2. de acq rer dom cap. 16. §. 12. Lawier vnder Hen. III. requires them as an essentiall part of a Deed. Nor doth any one reason more moue me to beleeu the ancient and promiscuous vse of them here then because for the most part all Nations had them and in their Writings and Deeds in one sort or another vsd them And howeuer a Hist. Nat. 33. cap. 1. Plinie affirms that Egypt and the East were only contented with letters omitting seals yet its certain that the Iews had them and in ancient time often when they made a contract two Deeds were writen one contayning the contract at full with all couenants and conditions which was folded vp and sealed b v. Ierem. cap. 32. Ios. Scalig Elench Trihaeresij cap. 11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tobit cap. 7. with the buyers seale the other containing a generall recitall of what thing only the Contract was and this last was shewd open to witnesses who inscribd their names on the backside of boh That so the Witnesses or standers by might not know the summe time of Redemption or such like yet bee able to iustifie the truth of the instrument comprehending them by the inscription of their names The Seale they calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Deed or instrument writen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sephor which is a book also but the c Elias in Thisbite Rabbins expresse their Deeds Releases Obligations and the like by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Shetar or Setar whence the word Starrum or Starr◠for Acquitances or writen testimonies of Contracts is vsd So must you vnderstand it in that Roll in the Tower of Placita apud Scaccarium Iudeorum de Termino Paschae anno Regni Edwardi nono of Edward the first Salomon de Stanford Iudeus recognoscit per Starrum suum occurres there and an Acquitance or Release by the name of starrum is there d 9. Ed. I. Iudeorum Rot. 4. Pasch. Norff. rot 5. in dors rot 6. Sutht ferè passm in Schedis illis pleded to haue been tried before the Shirife at Norwich by a Iurie of Sex probos legales homines sex legales Iudeos de Ciuitate Norwici and found to haue been the Deed of one Genta a woman Iew of Gloucester whereupon one Alice the widow of Clement of Poringlond was quit against the King then clayming vpon speciall occasions all duties which were owing to the Iews in England The like kind of trials are there in the case of one Eustace of Peccham in Kent of Salomon Bensalomon in Hampshire and diuers others Where by the way obserue it seems the Iews of the Iurie were charged by oth taken vpon the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 e Liber legis i. the books of Moses held in their armes and by the name of the God of Israel which is mercifull with formall additions of words which they vsed as Christians vpon the Euangelists For a Rabbin that l Rabbi Moses Mikotzi in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 praecept 123. liud in time of Henrie III. saies that so was an oth to bee taken by his countrie men although in a iudiciall precedent yet remaining of Constantin Porphyrogennetus he liud about CCC yeers before diuers other and strange ceremonies were to be vsed If you desire them search them where they g In lib. 2. Iuris Graeco Romani are publisht The Romans had their Annuli signatorij and sigillaricij as Uopiscus calls them destinat as well to sealing of writings as vse in the house in steed of locks h Satyr 13. Inuenal Uana superuacui dicunt Chirographa ligni Arguit ipsorum quos litera gemmáque Princeps Sardoniches loculis quae custoditur eburnis What 's gemma Sardoniches but the Seale cut in that stone Of the i Polyb. hist. 6. Graecians as plain testimonie is And of all enough more The seale being a speciall ensigne of credit and therefore so fitly vsd Nec plus habere quam vnum licebat saith Ateius k Macrob. Sat. 7. cap. 13. Capito of Seale Rings and the ancient Roman times nec cuiquam nisi libero quos solos fides decerneret quae signaculo continetur And it s affirmd mongst the Graecians that before the inuention of Seales cut in fit matter the vse was to seale with pieces of wood eaten and gnawen by l Philostephan apud Hesychium in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Is. Tzetz ad Lycophronem wormes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which could not but giue impression and that Hercules first vsd that kind of Seale whence Lycophron hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. a worm-eaten Seale I perswade you not to bee prodigall of your faith to such Grecian coniectures Think of them as they deserue But mongst our ancestors as the king had his Great and lesse or Priuie Seale so at least Gentlemen and their superiors a like distinction A Conisance in the Kings Court anciently shall iustifie it Iohannes de Burgo saith m Hill 44. Hen. 3. Placit ap West Rot. 28. Staff the Roll cognouit quod apposuit paruum sigillum suum cuidam scripto quod fecit Decano Capitulo de n Lichefeild Lichefeud de confirmatione quieto clameo de aduocatione de Herdel apponet sigillum suum magnum praedicto scripto circa tertiam Septimanam post Pascham So much for Seales Among the Reasonable Aides due from Tenants to their Lords one speciall is a faire fitz heire Chiualer to make the Lords sonne and heire a Knight Which is one of
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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 §. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉
〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Gothofred interprets by Biscuit But I haue not yet perswaded my self to consent with this learn'd Bertrand nor yet to beleeu that I know the true etymon of Bachelor Other coniectures are of it but none that I dare relie on The name is occurring in old Storie as Chiualeirs ieunes Bachelers and Banniers and Bachiliers for Bannerets and Bachelers in Froissart and some passages in Adam Myrimoth and others In no ancient Nation almost hath been wanting some honor proportionable to this of Knighthood Of the Romans and Grecians something alreadie The Carthaginians vsd for euery Militarie voyage to giue him that had gone a t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ring Euery man mongst the Macedonians vntill he had slaine an enemie went girded with a u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Halter And no Scythian x Herodot hist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristot. Politic. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 〈◊〉 vbi exempla caeteâ—a might drink of a specially honored cup mongst them vntill hee had embru'd himself in an enemies bloud Next of their Degradation The form of that will best appear in examples First of Sir Andrew Harkley vnder Edward II. made Earl of Carliel and soon turning traytor The King sent his Commission to Sir Anthony Lucy a Knight of that Countrie to arraign him The Acts and words of Sir Anthony in this businesse the rather because the degradation from another Dignitie is included in them out of an old y Fruct Temp. Caxton Ms. English Chronicle I thus transcribe to you The same Andrew was take at Cardoill Carleill and lede vnto the Barre in manner of an Erl worthyly arrayede and with a swerd gert aboute him and hosed and spored Tho spake Sir Antonie in this mannere Sir Andrew quoth he the Kinge dede vnto you much Honor and made you Erle of Cardoill And Thou as a traytor vnto thi Lorde the King laddest his people of this Countrie that should haue holp him at the battaille of Beighland away by the Countrie of Copeland and thorugh the Erldome of Lancaster Wherfore our Lorde the Kinge was scomâ—ited there of the Scottis thorugh thi tresoun and â—alsenes and if thou haddest come betymes he had hed the maistrye And all that tresoun thou dedest for the somme of Gold and Syluer that thou vnderfeng of Iames Duglas a Scotte the Kinges enemie And our Lord the King is will is that the ordre of Knighthode by the which thou vnderfeng all in honor and in wurshipe oppon thi body ben all brought vnto nought and thi State vndon that other Knights of lower degree now after the be ware the which Lorde hath the auanced hugely in diuerse Countrees of England and all now take ensample by the * Their. here Lorde afterward for to serue Tho commanded he a knaue anoon to hewe of his spores of his heles And after he lete breke the swerd ouer his heed the which the Kinge him gafe to keepe and defende his lande therwith when he made him Erl of Cardoill And after he lete him vnclothe of his Furred Taberd and his hoode and of his furred Cotys and of his gyrdell and when this was done Sir Antonie said him Andrew quoth he now e rt thou no Knight but a knaue And so gaue iudgment on him that hee should be drawn hangd and quarterd and his head set on London Bridge which was executed Walsingham in his Ypodigma remembers this but briefly And one addeth that he was a Th. Auensburie apud Camden in Brigant Calceis Chirothecis exutus also Some difference is in that of Sir Ralph Grey condemnd of Treason by the Earle of Worcester high Constable of England vnder Edward IV at Doncaster The b I. Stow. preamble of the iudgment was thus Sir Ralph Grey for thy treason the King had ordained that thou shouldest haue had thy spurs striken off by the hard heels by the hand of the Master Cooke who is here readie to do as was promised thee at the time that hee took off thy spurrs and said to thee as is accustomed that and thou be not true to the soueraigne Lord hee shall smite off thy spurrs with his Knife hard by the heeles and so shewed him the Master Cook readie to doe his Office with his weapon and his Knife Of this more where wee speak of the Order of the Bath Moreouer Sir Ralph Grey the King had Ordeind here thou mayest see the Kinges of Armes and Heralds and thine own proper coat of armes which they should teare off thy bodie and so shouldst thou as well be degraded of thy Worship Noblesse and Armes as of thy order of Knighthood Also here is another coate of thine Armes reuersed the which thou shouldest haue worne on thy body going to thy death-wards for that belongeth to thee after the law Notwithstanding the disgrading of Knighthood and of thine armes and Noblesse the Ring pardoneth that for thy noble Grandfather who suffered trouble for the Kings mâ—st noble predecessors And then hee gaue c De Degradatione Militum consulas licet Segarum lib. 2. cap. 4. huc non libuit transferre iudgement on him For a Corollarie to our Knights I adde that of Iehan le Breton in his Chapter De appels de Mayhems speaking thus in the Kings person Ascuns trespasses sont nequedent pluis punnissables sicome trespas fait en temps de peas a Chiualers au a autres gentz Honorables par Ribaus par autres Viles persones en quel cas nous volons que si ribaud soit atteint a la suyte de chescum Chiualer qu'il eit seru par felonie sans desert de Chiualer que le Ribaud perd son poin d' ont il trespassa That a base fellow should loose his hand for striking a Knight excepted in time of Ioustes or Torneaments Of other particular attributes to Knight by reason of distinct orders presently after we haue first spoken somwhat of Esquire That name challenges the next place here although not by precedence yet because it is not so peculiar to certaine time or place as the Orders and no more then the generall name of Knight Escuyer Scutifer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Armiger Attendance by Esquires on the ancient Gaulish Knights Schilpor Shield-knapa Knaue Grand Escuyer Tzaggae Fiue ranks of Esquires When in England it began to be honorarie The Collar of S.S. How Armiger became significant as in our daies Peers Lex terrae and Amittere legem Terrae Exposition of gents de lour Condition in the Statut de Proditoribus Richard Earle of Cornwall brother to Hen. III. would not acknowledge the English Barons his Peers Triall by Peers Amerciament by Peers How a Bishop partakes of the prerogatiues of the greater Nobilitie Pares Curtis Douze pairs du France Their iustitution Patricius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 giuen to Ioseph by the Egyptians CHAP. X. AS most other Dignities had their beginning out of some Officiarie performance
are in like forme brought into their ch 〈…〉 er There they change their habits and put on a red silk robe a white hat with like feathers vpon a linnen cap and white Gloues Then they take horse their horses bearing a Crosse on the forehead Before euery of them their Pages on horseback bear a Sword hatcht with gold in a Belt and on it gilt spurres hanging The two Esquires riding on each side Before them Trumpets In this solemnitie they go to Court where by two ancient Knights euery of them is led to the King The Page deliuers the Sword and Belt and the Spurres to the Lord Chamberlain he with great reuerence to the King The King girds the Knight with it and commands the two ancient Knights to put on his Spurs and they were wont saith the learned Clarenceulx to kisse the created's knees with an acclamation of best wishes Then they dine all together sitting all on one side of the Table euerie one vnder his Shield They go to Euening Prayer to the Chappell there offer their Swords and with another Oblation redeem them As they come back the Kings chief Cook shewing them his knife warns them that they proue themselues good and faithfull Knights which if they doe not he menaces them to cut off their Spurs On the Coronation day they weare a blew robe and wait girded with their Swords and Spurr'd hauing on their left shoulder a hood and a ribband or such like of white silk Of this ribband thus Segar Charter describing the old fashion He shall be apparelled in a blew Gown with the Manches open in the maner of a Priest and he shal haue at his left shoulder a lace of white silk hanging which he shall wear vppermost on his Garment so long till hee haue gained honor in Armes and bee recorded by some noble Knights Esquires and Heralds of Armes for som memorable deeds done by him or by some Noble Prince or Noble Ladie which may cut away the lace from the knights shoulder saying Sir we haue heard much of your renown and that you haue done in diuers places to the great honor of Chiualrie for your self and him that made you knight Therefore reason would that this lace be taken from you This Order is now speciall and in another Rank before common Knights yet it seems that anciently none were at all knighted but thus if you regard only the chiefest of the ceremonies Remember what we haue before out of Iugulph And for the Vigils see the h Florilegus sub A. 1306. relation of them kept in the Temple at the knighting of Prince Edward of Caernaruan And I remember Nicholas Upton that wrote de re Militari vnder Henrie VI. speaks of that wearing the Riband as belonging generally to Knights Most Knights then were in the more ancient daies as Knights of the Bath for the more ancient ceremonies of creation remain in them only And therefore howeuer the name hold not so vniuersally it s not amisse to make them as Bannerets such as haue or haue had their distinct honor not so much limited to any particular State Those two Bachelors and of the Bath you may comprehend vnder the generall name of Equites Aurati or Caualieri di sprone as Sansouino calls them i. knights of the spur And most of the other Orders which are appropriat to their particular Countries you may with him stile Caualieri di Collana or Equites Torquati i. such as for a speciall ensigne of their honor haue som speciall Chain Collar or such like ornament denoting it I iterat speciall because also others haue the right of wearing Collars giuen them as it seems in that of Iohn Gower a Noble English Poet vnder Richard II. and Hen. IV. buried in the North side of S. Mary Ouerieâ— Church in Southwark with his statue on him his head circled with a Chaplet of red Roses and about his neck a Collar of S S. But they haue them as speciall gifts of priuat fauor and as additaments to their honor not as a note of their Order except only such as are created Esquires by a i Torquium dator dictus Athelstanus Antiquiss cuidam scriptori apud Henric. Huntingdon lib. 6. de Torquibus a Romanorum Impp. datis non est vt quid hic quis expectet Collar of S S. giuen Therefore Sansouino speaking of Knights Bachelors or of the Spur Portano saith he similimente la Collana come i Prencipi come puro dono de chi li crea non come Segno d'ordine alcuno di Caualeria regolata Such kind of gifts are anciently found in the stories of Pharaoh Mordechai and passages of the Maccabees and in the Torques Armillae the like of the Romans And after the battell of Caleis Edward III. wearing a rich Chaplet k Froissart vol. 〈◊〉 on his head made of gold and stones gaue it to a worthy knight Eustace of Ribaumont commanding him to weare it all that yeer as the Kings fauor Mongst Knights di Collana foure are of speciall and of most honor that of the Gartier with vs of the Anunciada in Sauoy of the Golden Fleece in Burgundie and of S. Michael and de Saint Esprit in France Of them and som others briefly That most honorable Order l Periscelidis siue Garterij Ordo of the Gartier was as is truly supposd instituted here by Edward III. soon after his victories against the French at Caleis About M. CCC L. Some and the most part affirme that the King dancing with the Queen or rather the Countesse of Salisburie whom he much affected a Garter fell from her The King took it vp and ware it on his leg and whether vpon the Queens ielousie or his Lords merrie obseruing it told them Hony soit que maly pense And that he would make it the most honorable Garter that euer was worn Others think the Garter was vsd for some symbole before his successefull battell Howsoeuer he made of this an Order of XXVI knights vnder the patronage of S. George and the Garter to be worn on the left leg inscribd by embrodering with those French words The Collar of the Order being of pure gold made of Garters and knots and enameld with Roses white and red weying about XXX ounces Troy weight with the Image of George richly garnished with slones thereat hanging Froissart that hath many particulars of the Kings affection to the Countesse and then liud speaks of no such thing as hir Gartier but in M. CCC XLIV puts the institution de la Confrairie Saint George or de les Cheualiers de bleu lartier as he calls it and makes the number at the first Iousting fortie Which referre to that which we haue anon out of Walsingham touching the Round Table vnder the same yeer and more light will bee giuen to both autors in those passages But in the book of the m Camd. in A. trâ—batijs videsis Leland ad Cygn Cantâ—onem institution of this
that 's to bee vnderstood 149. 152. the apparition to him in his warres against Maxentius 160. See in Crosses and in Britons his law about marriage of his Nation 37 Constantine a name much affected in the Eastern Empire 76. The Turks call the old Emperors there Constantins 76. 77 Conuentus Parium in Fr. 250 Coronet See Crownes Corona Chorona whence 137 Counts See in Comites Palatij Counts Palatin 24â— whence the name 244. See in Palatin Cosmas sweaâ—ing by himselfe 66 Cossorassath for Cosroes Shach 110 Cornwall Duchie 178. 199 Cornwall and Deuonshire 201 Cral Cralna i. King Queene and Crol Crolna 45 Craunfeild 271 Crateuitz from Crates 78 Craig Eriry 215 Cretans alwaies liers why 12 Cro of Scotland 286 Cracouian Chastellan in Poland before the Palatin and why 249 Crimen Maiestatis 118. 121 Crosse on the Globe 159. when first vsd ibid. 160. how it was in the Emperors Diadems Standards and the like 160. 161. 162 forbiddeÌ„ to be made on the ground 162 Croissant of the Mahumedans whence 162. 163. seq Crowns the first Inuentor 136. 142 vsd anciently but to Gods 136 whence Corona 137. whether it were a royall distinction mongst the Gentiles before Christianitie 137. seq A disputation that it was not ibid. One giuen to Hippocrates of great value for helping the plague 137. Those in the Games c. ibid. 142. TriuÌ„phall Crowns 159. how they were in ancient Rome 139. 140 at Banquets 141. 142. whence the Crowns worne in the Olympians 142. Crown giuen by Alexander to Diogenes and by him to his sweet-heart 143. of leaues 145. 152. Crown Imperiall how it differs from that of other Princes 150. 151. Constantins first wearing a Crown 149. 152. Crowns of the Iewish Kings 152 the Crown of thorns 153. It was an ensigne of the German Empire See the Preface Crown Radiant of the Duke of Florence 153. First of the British or English Kings wearing a Crown 153. Crown of Scotland 153. First of the West-gothique Kings in Spain 153 See Diadem Crowns by louers set on their Mistresses dores and posts 136 Crowns for Dukes and who of them may weare them 194. 195. 196. 198. Of the Archduke 193 Bearing of Crowns on Armories 196. 206. 288 Crowns how their seuerall forme was in the Eastern Empire and how they came by coniecture to be so different mongst our dignities 197. 198. Crown of the Despot 172 Crown of Peacocks feathers 57 Crowns see Marquesse Earle and Vicount Crowning of the Rex Romanorum 170. 171 Culzum Denizi i. Mer de Bachu 106 Cut out of the wombe are sacred to Apollo 70 Cutberti Terra 248 Curis in Sabin 149 Cunegreuij 389 Cyrbasia 144 Cyprus Kingdome 29 Cynosura Princesse of the Notthern heauen 14 D DAnemark the Kingdome 29 Daniel named by Nabuchadnezar 66 Dates of Turks letters 101 Daulphin Daulphinè 172. the reason of the name 173. seq how the Daulphinè is next to Crown 173. Epitaph of Humbert Daulphin in Paris 174 Dea Syria Dij Syri 11 Defender of the faith 79 Dei gratia by what Princes vsed 116. anciently by Bishops Abbots Master of the Temple c. 116. 117 Despot what he was and how to be spoken to 122. 171. hee might weare Purple shooes 156. how he became the apparant heire 171 his Crown 172. 197 Delphinus See Daulphin Deuonshire Earle 236. those of Deuonshire in the Rereward anciently in Praefat. Degradation of Knights 337 Deputie of Ireland 57. 58 Dermut Mac Morrogh 57 Dhilkarnaijn See Alexander Diadem or Fillet 19. 20. it vsed mong the Europaeans before Alexander for a Note Royall 138 seq what kind of Diadem was Royall 143. 144. what it was 145. 147. 148. See in Crowns and in Tiar Digitus salutaris 40 Dionysius i. Bacchus deriu'd 45 Dignities when they began to be Feudall 189. 190 191. 192. 195. how they are taken after the death of the Ancestor in Spain 206. The dignities of the old Saxons 204. 225. See in Thanes 268. Of the Eastern Empire see in Despot Sebastocrator in Caesar in Panhypersebastus Great Duke in Duke Diogenes See in Crowns Districtuale 249 Doctors of the Ciuill Law to be calld Domini 55 Dominus how vsd or refusd mongst the Roman Emperors 47. seq See in Constantine A Sect that would not allow the word Lord or Dominus to any earthly Prince 49. The word vsd in salutation 47. 53. Tertullians conceit vpon the first occurrence of Dominus Deus in Genesis 50. and there the reason of the reading Dominus Deus Dominus Hiberniae 55. how the Title began 56. when altered 58. Dominus among the Chaliphs 111 Dominae to women 53. 54 Domna 52 Domnus 52 Doctor OmniuÌ„ Credentium 102 Dolphin See Daulphin Douze Paires 349 Droit de Police 266 Druides their sacrificing 10 Drichten i. Lord. 61 Ducatus Imperia a play 182 Duces Maiores Minores 207 Dukes whence their name 182. 183. seq 191. how the same anciently with Comes and how different 186. 187. 188. c. See Comes Whether a Duke anciently had XII or any certaine number of Counties vnder him 189. Inuestiture into a Dukedome ancient and late 191. 192. 195. 199. 200. 202. 207 A Duke to be made by the Archduke 193. Great Duke 193. 27. some Dukes as supreme Princes 120. 194. 195. 207. 383. 384. First Duke in France by distinct name 199. the Greatnes of the ancient Dukes there 195 196. 198. 206. First Duke in England 199. Dukes before the Normans 203. they were Earls 204. First Duke in Scotland 205. First Duke in Castile 205. supposed Reuenue Value and Releif of a Duke 232. Of Poland 240. See Magnus Dux Dukes in Genesis 208 Dux and Comes See Comes Dux Duces Limitum 183. 209. 213 Ducianum Iudicium 183 Ducales Tunicae 183 Ducall habit of the Archduke 193 Durham made a Countie Palatin 228. 247. called Cutberti Terra 248. See in Haliwerk and in Franchise Dublin See Robert of Veer Duell challenge to it in point of equalitie of dignitie 384 E EAgles born on the top of Scepters and why 155. on the Emperors shooes ibid. seq and more of them ibid. Earth and Water demanded in subiection required and a speciall disquisition about that custome 33 Earldome surrendred 231 Earles value 232. See in Comes c. before the Normans in England 203. 204. 225. Inuestiture of an Earle 222. 238. 239. his Coronet 198. 223. 239. 240. whence the name 223. by what seuerall names titled after the Normans 228. how their Territorie was a part of their name 229. 230. They had the third part of the profits of the Countie 231. 232. 233. the sword of the Countie giuen them 237. 238. It was douoted anciently if they might be summoned out of their Countie 234. Denominated from Towns 235. See Arundel Cheif Earle of England by new Creation 239. Of Poland 240 Ealdorman 204. his worth among the Saxons ibid. he