bucusque impensis quem pro Nobis tenere poterit in futurum in nostris Consilijs Parliamentis necnon pro nobili fideli genere vnde descendit ac pro suis Magnificis sensu circumspectione ipsum Iohannem in vnum parium ac Baronum Regni nostri Angliae praefecimus volentes quod idem Iohannes haeredes masculi de Corpore suo exeuntes statum Baronis obtineant ac Domini de Beauchamp Barones de Kiderminster nuncupentur In cuius c. T. Rege apud Wodestock 10. Octobris The Law hath been since taken that Baron or not Baron as Duke or Not Duke and so of the other created Titles by Record is triable only by Record and not by the Country Whereas anciently when their Reuenue and possessions gaue the Name or made them Barons it might bee triable by the Countrie Yet in ancient time after Hen. III. the Tenure n 22. Ed. 3. fol. 18. a. 24. Ed. 3. fol. 66. a. 48. Ed. 3. fol. 30. b. vbi Baro Parlamentarius per partem solummodo Baroniae tenet consulas Stat. West 2 cap. 46. per Baroniam was in Parlamentarie Barons specially respected and perhaps till the forme of Creation by Patent came in vse none were or few called to Parlament but such as held per Baroniam or as Briton calls it en Baronie which after that of Hen. III. very likely is to bee alwayes taken for Baronia Capitalis and immediat of the King Neither was it likely that he would sommon any but his own the Kings Barons as at this day all the Parlamentarie are When they are at first summond or created their denominating Territorie is alwaies some Lordship or Mannor which sufficiently tasts of their ancient being And those two courses only of making them are at this day in vse which notwithstanding is to be vnderstood of Lay Barons or Lords Temporall For the Lords or Barons Spirituall haue not now this Honor so much personall as feudall and by reason of their Temporalties being Baronies They had not saith Stanford a most learned Iudge of the Common law their names ratione Nobilitatis sed ratione Officij and indeed ratione Baroniarum quas de Rege tenent So that in them Baro Baronia meerly as it was in most ancient time taken concurre as Coniugata which in Lay men before that Constitution of Henry III. had like beeing These Spirituall Lords now are only Bishops Heretofore there were of them both Abbots and Priors but all Bishops were euer Parlamentarie Barons not all Abbots and Priors To some only was that allowd and mongst them the Prior of S. Iohns of Ierusalem was Primus o Camdenus Baro Angliae and Froissart calls him Le grand Priour d'Angle-terre du Temple But in the Rolls somtime are many of them summond which elswhere are as often omitted And in that of XLIX Hen. III. are IXV. Abbots XXXV Priors and the Master of the Temple Of those Ecclesiasticall Fees being Baronies thus Matthew Paris speaking of William I. Episcopatus quoque saith he Abbatias omnes quae Baronias tenebant eatenus ab omni seruitute seculari libertatem habuerant sub seruitute statuit Militari irrotulans singulos Episcopatus Abbatias pro voluntate sua quot milites sibi successoribus suis hostilitatis tempore voluit à sirgulis exhiberi Et Rotulas huius Ecclesiasticae seruitutis ponens in thesauris multos viros Ecclesiasticos huic Constitutioni pessimae reluctantes regno fugauit But in their sommons the Lay Barons are neuer saluted Barons but by the French word Cheualier so exprest in the Writ being in Latin Only in ancient times where the Catalogues of them are in the Rolls two occurre somtimes with the addition of Baro that is Baro de Stafford and Baro de Greistok Neither haue they in their Creation except their Robes any more ceremonie then a Charter giuen expressing some place denominating them Of their Banner more where we speak of Bannerets We vsually stile them Lords as the Dutch their Heeren or Freeheeren But that name with vs is but of curtesie For it includes not of necessitie Baron nor is any distinct Dignitie as appears by a case where the Writ was p Ita n. à Iurisperitiss intelligitur Casus ille 8. Hen. 6. fol. 10. v. Cas. Comitiss Rutland Relat. part 6. Praecipe Iohanni Louell Militi and the exception to it was that Iohn Louell Knight was a Lord Seigniour not named so but disallowed Whereas the law had gone plainly otherwise if it had bin that he was a Baron of Parlament not named so and the party had withal shewd to the Court a Writ signifying the same Yet Seigniour is only vsd for a Baron in our q 22. Ed. 4. cap. 1. D'Apparaile Statuts and the word Dominus is that which the law vses in expressing a Baron when he is either Plaintife or Defendant as Henricus Barkeley Miles Dominus Barkeley and versus Georgium Zouch Dominum Zouch Saintmaure Cantelupe which occurre in Plowden So that the name of Honor giuen to a Baron in legall proceedings is alwaies but Dominus with addition of the denominating place But when the priuiledge of beeing a Baron is challenged or exception for not naming the partie so testimony of Record must be produced that he is Baro Regni and that hee hath vocem locum in Parlamento as the books are Which Difference for the name of Lord is obseruable and to bee vnderstood r 48. Assiss pl. vlt. 48. Ed. 3. fol. 30. b. 35. Hen. 6. fol. 46. a. chiefly of Temporall Barons But also both that of Lord and Baron is at this day by vsuall application of language attributed with vs to some which are neyther by law as especially since the vse of making euerie Earle first a Baron of some place which began as most worthy Clarenceulx teaches about Hen. VIII it hath been a custome to stile their heires apparant Lords and Barons with the title of their Fathers Baronie so of Viscounts their heires apparant But this is only a peece of Courtship and meer fashion Yet allowd in Heraldrie wherein Tiptosts rule he was Earle of Worcester and High Constable of England vnder Hen. VI. is that the eldest sonne of euery one of a created degree is as of the next degree vnder him which may be applied to Dukes Marquisses and the rest But in legall proceedings they enioy no such matter nor haue by their being heirs apparant any prerogatiue of the Greater Nobilitie The same is to bee affirmd of a Dukes sonne and heire whom custom titles by his fathers Earldome as the example was in s 38. Hen. 8. lit Treason 2. Henry calld Earle of Surrey and sonne to the Duke of Norfolk vnder Henry VIII beeing attainted of Treason by a common Iurie and not by Peers or Barons because he was in law as one of the meaner or lesse Nobilitie In Scotland before t
Turks is Persia. 106 Aichmalotarchae in the Captiuitie 154 Aijos Phasileos Marchio 131 Ailwin a SaxoÌ„ Earle called Half-king the same with Hehelguinus in others 227. Founder of Ramsey Abbey in Huntingdonshire ibid. Aides to make the sonne a Knight marrie the daughter and redeeme the Lords bodie out of prison 330 Algomeiza Procyon 13 Algebar 13 Alexander sonne to Iupiter Hammon and his picture with Rams hornes 63. whence he was called Dhil karnaijn 140. his being deceiu'd by Anaximenes exprest by an Ancient in Latine verse 157 his request to the High Priest for his name to be giuen to the Priests children 67 Albu Ersalan 111 Alcoran of the Turks worne about a Chaliphs neck 100. in it parts of the old Testament ibid. how many Azoars Sureths or chapters it hath the difference of the Arabique one in that from the Latine 101. the beginning of euery Azoar 102. It was by error giuen to Mahomet by the Angell Gabriel 104 Almumens 101 Ali or Alem Mahomets sonne in law 100. how the Persians and other follow his sect 105. 107 the Alian Sect from another Ali according to some opinion 107 Ali Abasides 107 Alghabassi 99 Aladin in the Turkish storie 112 Alfred the first King annointed in England 133 Alilat the same Goddesse with Lilith 165 Alexius Commen the first creator of those Dignities Sebastocrator Panhypersebastus c. 171 Alderman of all England vnder the Saxons 227 Aldermannus Iuratorum 270. 389 Alderman See more in Ealderman Alodium Alode its deriuation 302 Alodarij Aloarij and the like anciently in England 390 Alsheich 51 Alluph i. Dux 208 Amiras Amera Amir 49. 98. 375 Amir Echur 374. Amir Halem 379 Amir elmumunin i. Rex orthodoxorum 99. seq Amiralius 375 Amiras Amireus if well distinguisht 375. 376. Amir amomenus 99 Amir moumnes 100 Amici Regum and Amici Fratres Rom. Imp. 185 Anaximenes See Alexander Annian Impostures reiected 17 Anglorum Rex Primus in the Heptarchie 30 Anselm Archbishop of Canterburie would haue gone to Rome for his Pall but William II. would not permit him 26 Anaxarchus his iest to Alexander pretending himselfe a God 67 Anni Augustorum 71 Antigonus his answere to a flatterer that calld him God 67 Antiochus sprinkled the Iewes Bibles with Bacon-broth 62 Antonin of what respect the name was in Rome 77 Annointing of Kings 128. whence the originall 129. 387. Annointing of stones and statues mongst the Gentiles and bounds ibid. what Princes were to be annointed by the Roman Prouinciall 130. yet no annointing of the old Irish Kings 57. where it was first vsed in the westerne parts 131. Annointing with holy oile to the French Kings 132. None of their Kings of the first line was annointed 132. British Kings annointed 132. First annointed in the Saxon times 133. Annointing of the English Kings with holy oile giuen to Thomas Becket as the tale is reported 134. Annointing makes Kings capable of spirituall iurisdiction 135 Andrew Harkley Earle of Carleil his being degraded of Knighthood vnder Edward II. and the forme of it 3â—7 Andrew S. 370 Apollo to him were consecrate all children cut out of the wombe and why 70 Apostle des Sarazins 66 Apostolique King a title to an Asiatique King 87 Apple so is the Globe calld whereon the Crosse is infixt 158. Three apples in Iupiters statue at Constantinople 159 Appenages of France 196. whence the word Appenage 198 Arbelus 9 Arsacides 76 Areta a name of the Hagaren Kings 76 Arduelles or Ardebil 107 Arthurs seale 160. Arthur and his Round Table 365 Arundel Castle 235. Earldome of Arundel begunne 236. its essence by reason of the Castle and precedence 236. 237 Armories Setting of Crownes on them 196. 197. 206. See Crownes when they began to be borne hereditarily in Praefat. and there of their being giuen by Patent more borne by some Mahumetans painted anciently 380 Armes of the Daulphinè France to be quartered 173. Of Moscouie 362. and see in Beta Of Saxony 152 Armes giuen in enfranchisement 326. 327. and see in Knights Of armes descendible to the heire 322 Arch-duke how ancient the name 194. Of Lorrain ib. Arlic i. Honorable 223 Armiger 340. 341. whence the dignitie hath its name 343 Archbishops worth 204 Arabians See in Vashlu Assyrian Monarchie and its continuance 6. 7 Assur built not Niniueh 8 Astaroth 65 Astronomie of Homer explaned 14 Astrologers 67. 166. 185 Asia the westerne part of it sometimes beside what is truly Greece called Greece 75 Assit principio Sancta Maria meo 101 Asser Ben Cheter 105 Astures King of them 80. Prince of Asturia 170 Ataulph purposd for a title in Empire 76 Athelstans greatnesse thinking it more honourable to make a King then be one 35. his Charter 303 Athenian Prince calld Great Duke 194 Augustus would not bee called Dominus 47 Augustus why and how a title to the Emperor 70. 71. its deriuation 71. vsed by other Princes 71. and 72 Augere Hostias 71 Aureum Pomum wheron the crosse is borne 160 Auratus Eques 317. and 361 Aureorum Annulorum jus See in Rings B BAal 9. and 65 Baal Hanan the same as Hannibal 67 Baal-samaim the same with Iupiter Apollo Pan. 9 Banners giuen in inuestiture and in committing the gouernment of a Prouince 28. 29. 191. 378. 379 Banner square who may beare it with his Armes on it 353 Bannerets their Name and Creation 353. seq a Banneret discharged of being Knight of the Shire 355. 356. and of their Precedence ibid. See in Sanziacks Bani of Hungarie 381 Babylonian Scepters and Rings 155 Babylon and Bagdet 93 Bagded is the old Seleucia vpon the confluence of Tigris Euphrates 93 Baetulus from Bethel deriu'd into the Heathen 129 Babamus in Turkish Our Father 122 Bacon the Frier his bookes spoild by ignorant Monkes 109 Baltheus what 311 Balteus auratus constellatus 309 Basilius Macedo the Easterne Emperor his finding fault with Lews II. the Western about the title of Emperour 22. 23 Basileus 21. seq 35 Barbaquan Barbican 89 Barons and Baronie the etymon of the word 259. seq what they are 265. 266. Of France 266. of England before the Normans 267. seq vntill 273. Barons after the Normans and Parlamentarie 274. 278. and 280. 283. Value of a Baronie 274. and 232. Peers to Barons i. Pares Baronum 274. 275. Barons to Earls 247. 275. without Barons the name of Prince anciently not supported 275. Baronies how many in England vnder Hen. III. 278. First Baron created by Patent in England 281. Baro and Baronia coniugata 282. and 283. Primus Baro Angliae 283 Baron and Lord. 284. Baronie of Earles giuen to their heires apparant 284 Barons of Scotland 285. late and ancient 286. 287. difference of those of France of later time and Barons of England Scotland 288. Barons in France haue the right of wearing a Gilt Helmet 288. and a Chaplet of gold 289. Of Spaine
simile coaetaneum nec tamen mancum ni fallat memoria extat imperfect I a Hely ely beerne that nought is gan ... In the red of wicked man And in strete of Sinfull noght he stode ......... of Scorne vngode II Bot in the lagh of Louerd his wil be ai And his lagh think he night and day III And al his lif swa sal it be As it fares be a tre That streme of water sētt is nere That gifes his fruit in tyme of yere And lefe of him to dreue noght sal What swa he dos sal soundfull al. IV Noght swa wicked men noght swa Botals dust that wind the erthe tas fra V And therfor wick in dome noght rise Ne sinfull in rede of rightwise VI For Louerd of rightwise wot the way And gate of wick forworth sal ay Gloria Patri Blisse to Fader and to the Sone And to the holy Gast with them one Al 's first was is and ay sal be In werld of werldes vnto the thre and in the xv Psalme I Louerd who in thi b Tilt for Tent. Teld who sal wun In thi heli hille or who rest mun II He that incomes c Spotlesse wemles And euer wirkes rightwisenesse The more willingly I inserted them also that by this occasion you might tast an essay of our Ancestors neatnes in their holy meeters which howsoeuer abounding with libertie and the character of their times yet haue I confesse my admiration Lauerd and Louerd indifferently occurre in old Robert of Glocester But note in the more ancient English Saxon or Dutch not hlaforde is vsd for Dominus where Dominus is attributed to the Almighty But vsually Drihten or Truchtin being the same words varied as d Legib. Aluredi Drihten waes spraeen ðaes words to Moyse i. The Lord spake these words to Moises And e Vulcan in Specim Ling. Giwihit si Truchtin Gat Israelo i. Blessed be the Lord God of Israel and in our Ladies Magnificat Mikkilso min Sela truchtin i. My soule doth magnifie the Lord. Now sith this Truchtin seems to haue somwhat of Truth or Faith in it and that Loof or Loef in old Saxon or Dutch signifies Faith also as one of that Country f I. Goropius Hieroglyphic 8. phantastiquely rauisht with the word to other purposes tells me could I assume liberty as he doth in deriuation I might with casting about frame the nature of Feuds or Patronage which consist in mutuall faith twixt the tenant or client and Lord or Patron out of the word But I will not nor dare I. One g Verstegan cap. 10. deriues it from hlafe-afford as if it were essentiall to the name that he which bears it should be a lafe lofe or Breadgiuer and so Lady from hlafe-die i. a Bread seruer or diuider referring his conceit to ancient now worn out hospitality That satisfies mee not if it do you then will you lesse impute to my ignorance that I haue not here furnisht my self with any probable origination In these and the like where I see no better ground for certainty of coniecture I abstain from further inquiry By reason of this word Lord which particularly applied wee make My Lord diuers outlandish writers call our Noblemen Milords and Milortes the ridiculous vse proceeding from their ignorance of our language It s no where so frequent as in the Epistles of that Spaniard Anthony Perez to the late Earle of Essex Touching the name of Dominus Lord and Signior hitherto That of Dij or Gods plurally attributed to Great Princes none that hath read the old Testament can not but know Yet good h Cyrill aduers. Iulian. lib. 8. autority makes in most of those passages to be rather noted the generall dignity of Mankind then titular supremacie of Princes It were hard to endure such impious flatterie as to giue them the name as it is truly significant as the dissembling and vnconstant Samaritans did to Antiochus Epiphanes Ioseph Archaeolog 12. cap. 7. lib. 19. cap. 7. de Herode stiling him in their Epistles God who pad indeed to his vtmost profaned the holy Temple of the true God most cruelly handled the Iewes and in k Diodor. Sicul. in excerpt apud Photium contempt of their law and Diuinitie compeld them eat Hogs flesh against their institution and with the liquor straind wherein it was boiled daubd and abusd as many of their Bibles as his wickednes could light on So the base-minded Iewes with acclamations affirmd Herod Agrippa no longer Man but a Deitie a touch whereof S. l Act. Apost 12. com 22. Luke hath The Persian Kings title challenged as much to him in m Amm. Marcellin hist. 17. that Rex Regum Sapor Particeps syderum Frater Solis Lunae Constantio Caesari Fratri meo salutem plurimam dico And that Rutilian Mezentius commanded n Cato in Orig. ap Macrob. Sat. 3. cap. 5. his subiects to offer to him all such sacrifices as they had destinat to the Gods thinking indeed that no Deitie was aboue himselfe whence he is titled Contemptor Diuûm in Virgil. To these like may be added of the Roman Emperors made or accounted Gods in their life time for of their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 after their death nothing belongs here to vs as Augustus and diuers worse after him and that of Belus Is. Tzetz ad Lycophron Io. Tzetz Chiliad 139. remembred in the first chapter with much such more among the Grecians where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signified both Gods and Kings And Alexander you know wold needs bee Iupiter Hammons sonne and so had his picture made with Rammes horns like Iupiter Hammons Statue as scorning mortall progenitors But for all these and the like a most learned and ancient p Tertullian Apologetic c. 33. Father thus Non Deum Imperatorem dicam vel quia mentiri nescio vel quia illum deri 〈…〉 ere non audeo vel quia nec ipse se Deum volet dici si homo sit Interest Homini Deo cedere Satis habeat appellari Imperator Grande hoc nomen est quod à Deo Traditur Negat illum Imperatorem qui Deum dicit Nisi homo sit non est Imperator And in their Trium 〈…〉 hs a solemn admonition alwayes was to the Emperor Memento te Hominem esse which great q Aelian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 9. c. 15. Philip of Macedon had euery morning remembred to him before he admitted any but him only whose office this was to his presence And Tertullian speaking of those passages where mortalls are stiled Gods addes r Aduers Marcion lib. 1. that also ipsa idola Gentium Dei vulgò sed Deus nemo ea re qua Deus dicitur But as the supremacie of Princes and their Gouernment is delegat from the Highest their iudgements being also called His so in a generall name are they titled
once saw a Petition by a Bishop to Henry v. subscribd with Your Worships Beadsman About the same time a treatise writen of the order of the Coronation hath thus After this the King shall be clothed agen with other clothes and Worshipfully shall go to the Auter of Seynte Edwardes shryne and the King is there calld Worshipfull Prince So the Monk of Bury Dan Lidgat speaking of Henry the fifts commanding him to writ the Troian Warre saith The which emprise anon I ginn shall In his Worship as for memoryall Hee vsually calls him Most worthy or worthy or Noble Prince and Soueraign Lord. And plainly worship is but an abstract from worthy and signifies as estimation properly to wuruld wurþscipe sy he þegen lage wyrþe i. To worlds worship i. in worldly estimation hee shall be in equall degree with a Thane saies a Canon of Canutus his laws speaking of a Priest that liud free from incontinencie and in those so ancient times it was a generall title but according to the person qualified In an old Saxon b Ap. Lambard in Peramb Kant tradition of their Nobilitie Then were the wisest of the people weorþscipeswyrða aelc be his maðe Eorl Ceorl ê§egn ê§eoden i. worshipworthy euery one in his Dignitie the Earle and Cheorl Thane Vnderthane So in later times Dukes and Earles haue had Worshipfull and Right worshipfull applied to them An Epitaph c Camden Brit. Edit Anglic. Idiomatis in Reliquijs is at Warwick in S. Maries Church there in part thus Pray Deuoutly for the Soule whom God assoile of one of the most Worshipfull Knights in his daies of manhood cunning RICHARD d Rothomagi fatis concessit A. M.CD.XXXIX BEAVCHAMPE late Earle of Warwick Lord Despenser of Burgaueny and of many other great Lordships whose Body resteth here vnder this Tomb. And his daughter the Countesse of Shrewsbury was buried in S. Faith 's vnder Paules with Here before the Image of Ihesu lieth the Worshipfull and right Noble Lady Margaret Countesse of Shrewsbury c. But now euery Gentleman of better rather richer Rank is saluted Worshipfull And on the other side what now is one of our particular Notes of Maiestie not giuen to any but the supreme I mean Soueraign Lord or Lady hath been anciently bestowed on others The preface and dedication of Alexanders life writen vnder Henry VI. by a Dominican Frier thus speaks To my souerayn Lady benigne and honorable Discrete full of wisdome of Gloucetre Duchesse I symple seruant thogh I be vnable With deuoute hert with all my besynesse Send ioye worschepp welth pess and stabylnesse Betwix you and yowre euere more to leste And so be schad widde w e grace that it neuer breste What that hater of Monarchs Buchanan hath in his malicious dislike of giuing titles and attributes of great honor to Princes I omit and leaue him to his error conuinced by the generall consent and allowance of Antiquitie But touching these it hath been e Christoph. Becman Schediasm Philologic questioned which is the more both elegant and honorable to speak in the Concret or Abstract That is whether to say Serenissime Princeps à te peto or A Serenitate Vestrâ peto And some haue thought the first forme the best because in that the Accidents and Subiects are together exprest in the other the Accidents only being the note of Honor. But howsoeuer for elegancie it seems the Abstract tastes as if it were more honorable For that quality denominats and from it inherent in the Person is the Honor giuen Now as it is inherent and not predicated of the Person its best exprest for its own Essence Neither is it otherwise as Logique teaches properly in any Predicament As Album although in a formall signification of the thing designd it expresse a Certain Ens per se yet as the formall and materiall or connotatiue signification of it is it 's f Aristot. Metaphys 7. cap. 6. text 21. Ens per accidens id est aggregatum quid ex ijs quae diuersis Praedicamentis ponuntur And Albedo is the Ens per se. Then where the quality is neerest to its own single essence exprest that is in the Abstract it seems the Person is with somwhat more honor saluted then if it were only connotatiuè as they call it For Vir excellentissime doth but connotatiuè or by way of consequent speak excellentia as indeed in euery Concret but in like form and by an accidentall consequence is both the â—â—cident and the substance But this is a most friuolous disquisition which I had not spoken to if I had not seen it questiond I adde out of the Spanish Pragmatica publisht vnder Philip II. against the multiplicitie of Titles giuen both to the King and other great Men in the yeer 〈◊〉 D. LXXXVI the VIII of October at S. Lawrence that the King there would haue no other title in the beginning of any Letter to him but Senor in the subscription only his name that wrote it in the end of the Letter only God preserue your Catholique Maiestie and the superscription To the King our Lord. The petitions to the Counsells Chanceries and Tribunals might be titled with Most mighty Lord but no more The signing of Letters scedules and such like should bee only with By the King our Lord. Diuers other particulars are in it touching these kind of Titles to Other Great men which in their more due place shall succeed Annointing of Kings How Vnction in Heathenisme was vsd to sanctifie The Old Roman Prouinciall expressing what Kings were to be annointed anciently The vse of Vnction in the Eastern Empire In France Their Oile from Heauen in Britain the first King there annointed by the Pope but a coniecture against the consent of old Monks The Tale of a box of Oile giuen by our Ladie for Vnction of the English Kings to Thomas Becket Crowns and their beginning First vsd only to Gods Whence Corona An examination whether Crowns except only the Cloth Diadem were in more ancient times mongst the Gentiles for Royall distinction and a Conclusion against common opinion A place of Euripides interpreted against the Vulgar and his Scholiast Crown Radiant and the XII beams of the Sunne supposd in Antiquitie A place in Polybius examined Pharaoh's Diadem A passage in Clemens Alexandrinus examined 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 When the Cloth Diadem or Fillet came first to be a Royall Ensigne in Europe White proper to the Kings Diadem Cidaris or Cittaris 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tiara Diadema The Tulipants or Turibants of the Princes of later time in Asia Error of Bodin touching them Hasta pro Diademate The Crown or Diadem in the Roman and Constantinopolitan states Of the Form and Materialls of Crowns somwhat The Duke of Moscouy's Cap. The Radiant Crown of the Duke of Florence The Crown of British English and Scotish Kings The Scepter Caducéus Birds and other things born in the Top of Scepters Eagles vpon
Shires and Counties but of Cities and Towns haue been and are as well Creations as the denominations of them Salisburie Chichester Bridgwater Arundel and the like shew it Although as anciently in France I doubt not but with vs heretofore chief Citeis of a Countie haue denominated the Earls which were of the whole Countie But that of Arundel hath been by ancient resolution singled out as it were for a speciall kind of Earldom the honor proceeding more from seisin of the Castle of Arundel then later Creations or Restitutions For although it had a beginning for l Camden in Regnis the tiâ—le from Maud the Empresse to William de Albineto to whom her son Henry II. gaue the Rape of Arundel Tenendum de eo per seruitium IXXXIV Militum dimid and that Richard I. granted to William sonne to the first William the Castle of Arundel which yet was it seems his enheritance before descended from his mother Adeliza daughter to Godfrey Duke of Lorrain and Brabant cum toto Honore de Arundel tertium Denarium de Placitis de Suffex vnde Comes est yet in Parliament in time of the Fitz-Alans to which noble Family it was transferd by marriage with a femal heire of De Albineto vpon a Petition exhibibited by Iohn Fitz-Alan then Earl it was after deliberation adiudged m Rot. Parl. 11. Hen. 6. art 32. 33. seqq that he should haue place as Possessor of the Castle without other respect Considerato qualitèr Ricardus Filius Alani consanguineus ancestor to Iohn vnus Haeredum Hugonis de Albiniaco the same with de Albineto dudum Comitis Atundel fuit seisitus de Dicto Castro Honore Dominio de Arundel in Dominico suo vt de feodo ratione possessionis suae eorundem Castri Honoris Dominij absque aliqua alia ratione vel Creatione in Comitem fuit Comes Arundel nomen statum Honorem Comitis Arundel necnon locum sedem Comitis Arundel in Parliamento Consilio Regis quandiu vixerat pacificè habuit possedit absque aliqua calumnia reclamatione vel impedimento The Petition was in this form Please au Roi nostre Souerain Seigneur d' accepter vostre humble leige Iohn Count d' Arundel ore present en vostre seruice deins vâ—stre Roialme de France a son lieu pur seier en vâ—stre Parlement come en vostre Counseil come Count d' Arundel considerant que ses ancestors Counts d' Arundel seigneurs del Castel Honour seigneurie d' Arundel ont ewe lour lieu a seier en les Parlements conseilx de vos tresnobles progenitors du temps d'ont memorie ne court per reason de la Castel Honour Seigneurie auant dits as quex le dit nom de Count ad este vnie annexe de temps suisdit des queux Castel Honour Seigneurie le dit suppliant est a present seise This was in XI Henry VI. and afterward in XXVII of the same King a great controuersie grew in Parliament about precedence twixt William Earl of Arundel brother of this Iohn and Thomas Earle of Deuonshire The matter after that Act of XI and other profes were produced on both sides was referd to the Iudges of the Common laws But they as the n Rot. Parl. 27. Hen. 6. art 18. Record speaks saien and declaren after their conceits that it is a matter of Parlement longing to the Kings Highnesse and to his Lords Spirituall and Temporall in Parlement by them to be decided and determined How bee it that the said act mencion but only that the said Iohn late Earle of Arundel brother of the said William whos heire he is shuld haue his sete Place and Preeminence in the Kings presence as well in his Parlements and Councells as elswhere as Erle of Arundel as in the same Act more openly hit appereth in which act beth not expressed in writing the heirs of the same late Erle notwithstanding that he was seised and enherited to the Castel Hononr and Lordship of Arundel whereto the said name Estate and Dignity of Erle of Arundel is and of time that no mind is hath bin vnyed and annexed and by that reason he beene and had that name and not by way of Creation as the same Iudges vnderstonde by reason of the same Acte Hereupon the King and the Lords determined that hee should haue his place in Parlament and the Kings Councell as Earle by reason of the Castell Lordship and Honour of Aruâ—del as Worshipfully so saies the Roll as euer did ony of his Ancestors Erles of Arundel afore this time for him and for his heires for euer more aboue the said Erle of Deuonshire and his heires For Arundel thus much As touching the formalitie of their Creations in the more ancient it seems nothing but a Charter vsually made them with vs. In King Iohns time remembrance is made of the Sword of the Countie Hee at his Coronation accinxit saith Roger of Houeden Willielmum Marescallum gladio Comitatus de Striguil Striguil is in Monmouthshire and from it were the old Earles of Penbroke so calld Gaufridum filium Petri Gladio Comitatus de Essex qui licet anteà vocati essent Comites administrationem suorum Comitatuum habuissent tamen non erant accincti gladio Comitatus ipsi illa die seruierunt ad mensam Regis accincti gladijs This forme hath ancient originall In one of o Variar Form 1. lib. 7. Cassiodor's Precedents for the Dignity of the Comitiua Prouinciae you read Tua Dignitas à terroribus ornatur quae Gladio bellico rebus etiam pacatis accingitur I imagine it was in vse before King Iohn and that it was the proper Inuestiture of that age Houeden speaks not of it as a new inuention And of them what an p Bracton de Rer. diuis lib. 1. cap. 8. §. 2. vide cum lib. 2. c. 16. §. 3. old Lawyer of England neer that time hath I transcribe Reges tales sibi associant ad consulendum Regendum populum Dei ordinantes eos in magno Honore Potestate nomine quando accingunt eos gladijs i. ringis gladiorum Ringae enim dicuntur ex eo quòd Renes gyrant circundant vnde dicitur Accingere gladio tuo c. Et Ringae cingunt renes talium vt custodiant se ab incestu luxuriae quia luxuriosi incestuosi Deo sunt abominabiles Gladius autem significat defensionem Regni Patriae And in most of the ancient Creations in Parlament the girding with a sword is the chief and onely ceremony with the Charter deliuerd So was Edmund q Rot. Parl 36. Ed. 3. memb 4. sonne to Edward III. made Earle of Cambridge and Michael de la Poole * Rot. Parl. 9. Rich. 2. Memb. 5. vnder Richard II. Earle of Suffolk whom the King Gladio cinxit prout decet as the Roll saith and before any of these Hugh
Territories and not like the Missi whom hee compares in Church-state to Suffragnas and the Viguiers to Parish Priests But as in the Roman Empire was the Dignitie and Office of c v. C. lib. 1. tit 39. alibi Vicarius as great as Comes but yet som difference twixt them and was also applied to an inferior sort of Slaues which you see in that iam nolo Uicarius esse so in the French and German Empire I doubt not but Vicarius and Viguier was not only for Iudges of mean note subdelegat by inferior Counts but also somtime for such as the suprem Prince constituted in vicem Comitis or the superior and first rank of Counts made their Lieutenants As also Missi were not only a name for them which were vnder Counts but also somtime for the like in proportion vnder the King Ante illustres saith an old d Vet. Form ad finem Marculph 7. Precedent Viros magnificos illos illos Missos Domini gloriosissimi illius Regis And a Charter of Pipin Maire dumaison to the e Bignon in Not. ad Vet. Form Abbey of S. Denis Omnibus Episcopis Abbatibus Ducibus Comitibus Domesticis Grafionibus Vegarijs that is Viguiers Centenarijs vel omnibus Missis nostris discurrentibus seu quacunque Iudiciaria potestate praeditis But the confusion of these names hauing regard to superiors as well as inferiors in old laws and storie allows not sufficient means of distinction to know which alwaies by them is certainly meant yet withall makes vs in generall truly know whence this Title of Uiscount with them had its originall It s greatnes there varying according to the qualitie of the next superior as well now it is Honorarie as at its first beginning when it was Officiarie And as they which vicem Comitis gerebant were calld Vicecomites Viscounts so the delegats of Bishops in temporall iurisdiction of that kind were stil'd Vicedomini i. as at this day the word is Vidames That the Substitus of great Clergie men for secular administration were anciently cal'd so appears both out of passages in the Canon z Epist. Greg. Dist. 89. C. Volumus Rescript Vrbani C. 4. q. 3. cap. Saluator Extrauag de Simonia cap. Consulere laws and also in verie ancient Storie Bertigranus the words of an old * Adreuald Floriac de Mirac S. Benedicti cap. 6. Monk Episcopus Cenomanensis legatos mittit ad S. Benedictum Flodegarium Archidiaconum Arderadum Vicedominum suum And as Viscounts from Officers became Honorarie Seigneurall so Vidames Neither is there in France any Vidame which holds not of some Bishoprik vnlesse that of Beauuais so L'oyseau tells me which is vnited to the Bishoprique of Beauuais and now calld le Vidame de Gerberoy And from the chief Town of the Bishoprique are the Vidames denominated as the Vidame of Reims of Amiens Chartres Mans and the like where he notes also two speciall differences twixt Viscounts and Vidames First One Duke or Count especially of the superior sort and first Rank had diuers Viscounts Officiarie vnder them but euery Bishop one Vidame Secondly the Viscounts had only their le moyenne Iustice as they call it that is iurisdiction of some causes onely and them of the meaner sort as wee may say of our Officiarie Vicecomites or Shirifes which haue diuers Actions Viscontiâ—l and inquirie of criminall causes but the determination of Criminall and others of greater a Memineris quod hoc capite habemus ex Strabone note were reseru'd to superior Iudges which haue le haut Iustice or a delegation of a kind of Merum Imperium vnderstand this of their more common sort of Viscounts reckond among their Mediocres Seigneurs of which notwithstanding now diuers by vsurpation haue gain'd le haut Iustice to their Seigneuries But the Vidames from their first institution had le haut Iustice the reason being apparant because Clergie men b V. Caus. 23. de bello re militari c. would by no means medle with iudgements Criminall which were Capitall and therefore had their Lay Delegats which is the reason why in our c 〈◊〉 Ed. 4. fol. 6. saepiùs in Archiu Parlament old Parlaments when in them Appeals and Iudgements of Death were the Lords Spirituall vsd to make a Procurator for that turn The Office of Viscount neuer yet became Honorarie in England yet before we speak of our first Honorary Viscont something of the Office also with vs. It s already shew'd that the Ealdormen of the Saxon Times were Uicecomites and as our Shirifes and they were in those times by that name writen in Latine also A subscription to King Edreds Charter dated DCCCC XLVIII to the Abbey of Crowland iustifies it There after the Abbots Dukes and Counts the Dukes and Counts perhaps being of equall dignitie follows ✚ Ego Bingulph Vicedominus consului ✚ Ego Alfer Vicecomes audiui And in a Charter of Thorold of Bukenhale to the same Abbey the last witnesse is thus exprest ✚ Ego Liuingus clericus istud Chirographum manu meâ scripsi domino meo Thoroldo Vicecomiti tradidi and in that before of King Edred to the Abbey of Crowland certain lands are discharg'd Auxilijs Vicecomitum by that name and in one of King Bertulph to Siward Abbot of Crowland you may read Praecepi Radboto Vicedomino Lincolniae caeterisque ministris meis in illa parte constitutis to make a perambulation of the Isle of Crowland So at the Conquest d Act. public apud Camden in Cornauijs it was found that in the Hundred of Oswaldshaw in Worcestershire nullus Vicecomes vllam habere possit querelam nec in ali quo placito nec in alia qualibet causa But yet the name of Vicecomes was not applied to the Ealdorman as if hee had been vnder the Eorle as in France or the Empire but in such sort as if hee were plac'd in the Prouince by the King in vicem Comitis that is as a Iudge to administer iustice and look to the Kings reuenue and out of his Court as at this day Faux Iudgment lay in the Kings Bench neither was there any mediat place for remedie Therefore in one of their e Ethelred leg cap. 6. Be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bâ—ec Laws you read that if the Peace be broken he that is wrong'd should be helpt by the Townesmen or Tithing if they would not help him that then the Ealâ—oâ—man should that is the Shirife and if the Ealdorman would not that then the King should and if the King would not that then the Shire should not be bound to keep the Kings peace for so I interpret Liâ—â—â— Ealâ—oâ—â—om on vnâ—â—â—e where the Vicountie or Shirifdom is calld also an Eaâ—â—oâ—â—om as the Superior and Martiall gouernment of their Eorle was titled an Eorledome the word Dome signifying in that sense a place subiect to a Superior not only in Ciuill Iurisdiction but
also Martiall Either then in imitation of other Nations was that name of Vicecomes applied to our Saxon Ealdormen and Shirifes because their offices were somewhat like Or els being constituted qui vicem iudicum siue Comitum gererent by the King were properly as the ancient and best sort of them in France so calld or as the U carij in the Declining Empire hauing no Superiors which constituted them but the King Howsoeuer the reason of the name giuen by Geruase of Tilburie is much deficient vnlesse in it by a nice construction you make him vse Comes in seuerall Notions He is calld Uicecomes saiâ—h he qued Vicem Comitis suppleat in placitis illis de quibus Comes ex suae Dignitatis ratione participat The errors of Polidore and such that begin our Shirifes at the Norman Conquest are not here worth speaking of or of those which say the word Vicecomes was not here in the Saxon Times But of it as it is with vs Officiarie thus much which I insert because of comparing our Office of that name to the like in France where the Honor proceeded originally from the Office For with vs the Honor and the Office haue no communitie Neither had we any of that Dignitie although the Office in some places hath been hereditary from ancient time vntill Henry VI. He in Parlament made by Patent Iohn of Beaumont Viscount of Beaumont with f Pat. 18. Hen. 6. part 2. memb 2. these words of inuestiture Nomen Vicecomitis de Beaumont Impominus ac ipsum insignijs Uicecomitis de Beaumont realiter inuestimus locumque in Parliamentis Concilijs alijs congregationibus nostris super Omnes Barones Regni nostri Angliae assignamus What those Insignia were then I know not but later time allows him a kind of Coronet without Point or Flowrs on a Cap of Furre But an old Autor g Anth. de la Salle chez L'oyseau des seig cap. 5. of France saies that Le Vicomte est inuesty auec vn verge d'or In Scotland the first Dignity by this name was in Thomas Lord Ereskin created Viscount Felton by our present Soueraigne their Iames the VI. Spain hath some of this Order and Name Twixt Vicount and Count in France is a speciall Dignitie of Princes They haue their names by reason of their Seigneuries erected into Principalities Baro in Cicero and Persius It s signification in Hirtius and old Glossaries Magnus Homo The true deriuation of Baro as it s now Honorarie Mall and Mollabergium Sagibaro Sake or Sach Wittiscalc Saccabor or Sathabor Plea de sakebere Sikerborgh Hondhabend Mainauer Barigild Baro for a man generally and Barones London and the like Ancient and late Barons of France Capitaneus Regis Barn or Beern for a man-child Baron for a husband where vsd Cheorlbearn Saxon Thanes A Saxon Monument of their Dignities Of Eoldormen again somewhat Canutus his Forest Laws misprinted Liberalis and Mediocris Homo A Hyde of Land Hydage and Caruage or Carucage A coniecture vpon Bracton Terra Hydata and non Hydata Minister Minister Regis Tainus The Relief or Heryot anciently in all Barkshire Viro Baro Minister Thanus But the name of Baron not in the Saxon times in England How Barons had their name then The book of Modus Ten. Parliamenti Barones and Pares Baronum Illustres equites Romanorum The Title of Prince not without Barons Barons to subiects and Barones Regis The Value of Reliefs of Dignities When they began certain for a Baronie A coniecture when the value of a Baronie began Court Baron Baronagium and Barnagium Bernage Baronie in our law for Seigneurie Tenere per Baroniam CCL Baronies reckond by Hen. III. His Ordinance touching what Barons should come to Parlament The ancientest sommons extant The Grand Charter first granted A Parlament held XVIII Hen. III. transcribd out of an obscure Roll touching Assises of Darrein Presentment Iuris Vtrum and Certificat of Bastardie with the Barons names subscribd And therein Bracton amended Barons by Writ and by Creation Those two sorts now only in being A respect to the Tenure per Baroniam after the allowing them only the title which were sommond Barons ratione Officij as Abbots and Bishops Chief Baron of England Barons calld Lord or Domini How in legall proceeding Lords Barons and Earles only by Curtesie and Court language Thanes of Scotland Stewarts Abthan The beginning of the Royall name of Stewart there Tosche Ochern The first mention of Barons in Scotish Monuments What their Baron is Pit and Gallows How the name is generally taken there Acts touching which of their Barons must come to Parlament Commissares of the Shire The difference of their Lords and Lairds The English and Scotish Parlamentarie Barons of a superior note then the French Los Ricos hombres Valuasores and Capitanei Regis vel Regni The Feudalls interpreted otherwise then the vulgar opinion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Valuasores minores Minimi Valuasini Vauasors in France Vauassouries Sommage 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vauasors in England Countors Subuasores in Scotland CHAP. VII NExt after Viscounts follow BARONS A title of frequent note in most parts of Christendom and about whose etymologie most disputation and inquirie is Barons are in some Countries in all anciently where they were at all Lords of their denominating Territorie with some Iudiciall gouernment but beneath the Dignities before spoken of both in largenes of Territorie and neernes to Soueraintie and how they differ in substance from other Titles in their Originall what wee shall say of Particular States will best discouer But first for the Name The word alone is very ancient and of pure Latine In Cicero you read a Epist. ad Attic lib. 9. Ep. 11. Apud Patronem reliquos Barones te in maxima gratia posui herculè merito tuo feci And in another place b De Finibus lib. 2. Haec cum loqueris nos Barones stupemus tu videlicet tecum ipse rides And two other passages in him as Elias Uinetus reads them haue Baro in the singular number where some of the publisht books haue and that most properly Verò the coniunction I will confesse that as yet I haue not throughly learnd what Barones signifies to Cicero in his first place yet I know some haue dar'd to think it there vsd as neer to what it now interprets in the Rank of Dignities They shall and may for me I cannot But in the second I am somewhat confident that if the Reading be not corrupt it is not vnfitly exprest into our word Block-head or the Latine Bardus The Text of Tully there iustifies it and a Satyrist that c Persius Satyr 5. vbi videsis Eliam Vinetum that liud vnder Nero by the correction of best Critiques according to best copies hath Iura Sed Iuppiter audiet Eheu Baro regustatum digito terebrare salinum Contentus perages si viuere cum Ioue tendis Where the old Scholiast Cornutus reads
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
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
〈◊〉 〈◊〉 〈◊〉 〈◊〉 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