successores vsque ad Nostra Tempora religiosè admodum obseruarunt He more at large giues you a reason of it in this Charles But he was a child of the Romish part and so I know you respect him yet was hee one exceeding well deseruing in our age of the state of this kind of learning and in this giues you the truth And this Rex Romanorum was to be Crownd annointed by the Archbishop of Cologne at Aix But in the Eastern Empire Caesar continued for the next dignitie to the supreme only till Alexius f Anna Comnena Alexiad 3. Zonar Annal. Tom. 3. Quatuor Principes ratione Dignitatis Graeco vocabulo Sebaston dictos meminit Autor Expedit Asiatic Frederic 1. apud Canis Tom. 5. Theodorus Imperator 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Georg. Logothet Chronic. Constantinopol pag. 20. Comnenus He when Nicephorus Melisenus had been before by him made Caesar created his brother Isaac a new title and calld him Sebastocrator and made him second from the Crown and the title of Caesar third Afterward the same Emperor Alexius hauing one only daughter Irene whom he gaue in marriage to Alexius Palaeologus and no issue male made the Sebastocrator to bee as third from him and the Caesar fourth whose State Dignitie was by him equalld with the Panhypersebastus another title of his making and inuested this Palaeologus with the speciall Title of g DESPOTE which thence remaind in that State for the next after the Emperor and well may bee interpreted by the French Monsieur applied to the Kings brother and apparant heire And as hee is the Monsieur for excellencie in France so the heire apparant in Constantinople was calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Despote yet not otherwise but that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was also as Monsieur Prince with vs communicated to the Emperors g G. Codin 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sonnes sonnes in law and Brothers When the Emperors sonne was inuested with this title of the Despote he had a Crown deckt with Diamonds put on his head by the Emperors own hand This Crown they call'd * Gyrata Corona 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because it had foure little arches 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before behind and on the sides But if he were but sonne in law then one only before But it seems afterward a greater Dignity then Despote was inuented by Michael Palaeologus but not with any honorary title which story remembers Only the Translation of a later i Cantacuzen hist. 4. cap. 5. Grecian whose text is not publisht calls it Vt esset Imperatori proximus quem honorem primus Palaeologorum Imperator Michael propter filium Constantinum Porphyrogenitum inuenit videbatúrque ea dignitas Despotarum dignitati antecellere The sonne and heire apparant of the French King is known to all by the name of DAVLPHIN Good autors discord about the exact certainty of the Beginning and Cause of that title For the cause receiue thus Vnder Philip of Ualois about M. CCC XLIX some will vnder his sonne King Iohn one Humbert others call him Hubert Prince of that Territorie which to this day retains the name of the Daulphinè bordering on Sauoy Prouence Piemont being possest with excessiue grief for losse of his only sonne in the battell of Cressy resolud to leaue all secular State and commit his thoughts to the priuat quiet of a religious Cloister purposing also to institute the See of Rome his heire But that designe his people much dislikt beseeching him that they might rather follow the colours of a King then a Bishop whereupon Placuit filij Regum they are Paulus Emilius his words vt quisque in proximam spem regni suscepti essent Delphini vocarentur iuráque Delphinatibus redderent Many follow this and deliuer that it was giuen to continue in the Elder sonnes and heirs apparant But Du Haillan constantly denies part of it affirming that this Humbert being without hope of lineall posteritie gaue the inheritance of the Daulphinè to ' Philip Duke of Orleans second sonne to Philip of Valois and for default of his issue to the sonnes of Iohn Duke of Normandie eldest sonne to Valois and afterward King of France or of their successors Kings of France according as the same King or Duke Iohn or their successors should ordain a la charge que celui que serra inuesti du dict Daulphinè ses heirs successors au dict pais serroient tenus de se faire appeller DAVLPHINS DE UIENNOIS the Metropolitique Citie of that Territory is Vienna vpon Rhosne porter les armes du dict Daulphinè escartelles auec les armes de France sans pouuoir laisse le nom de Daulphin ny les dits armes que le dict Daulphinè ne purroit estre vni au Royaume de France que l'Empire ny fust pareillement vni Whose syllables I the rather cite because against the Credit of many other their autors and the common receiud opinion he iustifies himself out of the Instrument of that Donation which by his assertion he had made vse of So that neither Iohn Duke of Normandy nor his sonne Charles afterward Charles V. of France were either of them constituted Daulphin as some haue deliuerd but this Philip Duke of Orleans second sonne to Valois since whom that State vpon good reason hath so ordaind that it being a neighbour Territorie to Sauoy and Italy should neuer be further from the Crowns possession then in the sonne and heire apparant Although it seem true that Charles V. sonne and successor to K. Iohn was the first of their Kings which was Daulphinè For the beginning of the Title It s k Andre du Chesne Ant. q. Recerch lib. 4. cap. 2. autres affirmd that about M. LX. vnder Philip I. one Guy Earl or Gouernor of most of that Territorie nam'd it Dauphinè in fauorable respect of a match twixt his sonne the daughter of Daulphin Earl of Albon and Viennois So to perpetuat a name which by alliance had honored his family And l Circe M. CC. X. Petrus de Vineis lib. 2. Epist. 49. Frederique II. writing to his Capitane of Sicily speaks of Delphinus Comes Viennae consanguineus amicus noster And another French m Io. a Bosco Coelestin in Viennae Antiq. Antiquarie saith that Daulphin was the surname of the Earls of Viennois Albon and Aruerne and that they bare for their Coat the Dolphin which afterward being controuerted twixt the deuided house of Viennois and Aruerne it was orderd that they should both bear the Dolphin but with differences Therefore I can hardly think that the word Daulphin was in that part of France or Gaule according to the idiom of the ancient Allobroges they had their seat here and in Sauoy a speciall name for Prince and Daulphinè for Principality Notwithstanding that a most n P. Aemilius histor 8. iudicious autor of the French storie speaking of the marriage twixt one of Philip
accepto ab ipsius manu regno fidelitate hominio ei obligabatur Ita coronâ Regni per manum Principis sibi impositâ in die sancto Pentecostes ipse coronatus gladium Regis sub corona incedentis portauâ—t Hee means by this Peter Sueno IV. King of Danemark for he was known by both those names twixt whom and his cozen Cnuto was great controuersie for the Kingdom determined thus by the Emperor at Martinesburg in Saxonie The mention of the like made in Otto de S. Blasio must be vnderstood of Waldemar I. who receiued both this and Swethland of the Emperor at Bisonçe And King Harold before that when d Helmold bist Slauor 1. cap. 9. the Danish Nation was first Christned receiued it of Otho the great Now it acknowledges no superior But so many as haue or do as feudataries to other Princes are excluded out of their ranke which before are indifferently titled Kings or Emperors The K. of Bohemia when it was in another hand from the Empire although he were crownd and annointed yet being in a manner the Emperors e Aur. Bull. Caroli 4. cap. 8. Subiect wanted perfit Supremacie for it as also they of Sicily when they had inuestiture from the Pope they of Cyprus being anciently as Tenants yet crowned to f Arnold Lubecens Chron. Slau lib. 5. cap. 2 both Empires and such like euen as much almost as that Perseus who when L. Aemilius Paulus had spoiled him of his Kingdom of Macedon and compelled to flight yet was so ambitious of his former title that he made the inscription of his letters to Aemilius thus g Liu. Decad. 5. lib. 5. Rex Perseus Consuli Paulo S. it being at that time vnder Aemilius and the State of Romes arbitrement whether euer he should be King again or no. Wherefore Aemilius would not so much as giue answer to his Messengers vntill they had brought him letters inscribed with a meaner title As on the other side when Edward III. besieged Tournay and sent letters of chalenge to a single combat to the then pretended French K. he would not call him King but only Philip of Valois whereupon hee had this answer h Ex ms vet sed Latinè literas habet Th. Walsing sub ann 1340. Philip per la grace de Dieu Roy de France a Edward Roy D'Engleterre Nous auons vous letres apportes a nostre Court enuoyetz de par vous au Philip de Valois en quels letters estoient contenuz ascun requestes que vous fezistes au dit Philip de Valois Et pur ceo que les dits letters ne veignant pas a nous que les dits requestes ne estâ—yent pas faits a nous come appiert clerement per le tenure des letters nous ne vous en fesons nul response You know that i Martial Epig. 18. lib. 2. vpon Maximus Esse sat est Seruum iam nolo Vicarius esse Qui Rex est Regem Maxime non habeat Therefore did Francis the first of France much dislike that Charles the v. should k Bodin de Repub 1. cap. 9. call himself King of Naples and Sicily enioying them as the Popes Vassal or Tenant And when PP Pius IV. would haue made Cosmo de Medici Duke of Florence of the same State King the neighbour Princes endured it not and the Emperor Maximilian II. answered directly to the French Kings Embassador about it Non habet Italia Regem nisi Caesarem And in that Heptarchie of our Saxons vsually six of the Kings were but as subiects to the supreme whom they called Anglorum l Ethelwerd l. 3 c. 2. Beda hist. eccles 2. cap. 5. Circa DCCC XX Rex Primus or such like which was as well giuen to others the first that had it being Aella King of Sussex as to that Egbert whose glorie and greatnes consisted rather in the swallowing vp of the other subiect Kingdoms into his own Rule and in the new naming of the Heptarchie England in one word for hee in Parliamento saith my m Ex Instrum lib. Hospital S. Leonardi Eborms Idem ferè in Alred Rhtuallensis Vitâ S Edwardi Verùm ab Anglorum aduentu ita dictam scribit 10. Sâ—risburiensis Policratic 6. cap. 16. alij ab Hengisto vt Hector Boet. Scot. hist. 7. 10. Gower Epig. in Confess Amantis Hardingâ—s autor apud Wintoniam mutauit nomen Regni de consensu populi sui iussit illud de caetero vocari Angliam then in beeing of larger Dominion then any was before him Those inferior Kings are like in some proportion to those of Man who haue had it alwayes by a tenure from their soueraigns the Kings of England especially euer since Henrie IV. possessing it by the forfeiture of the Lord Scrop inuested Henry Percy Earle of Northumberland in it in fee simple to hold it per seruitium portandi diebus Coronationis nostrae as the Patent n Pat. 1. Hen. 4. Rot. 2. Th. Walsingbam speaks haeredum nostrorum ad sinistrum humerum nostrum sinistros humeros haeredum nostrorum per seipsum aut sufficientem honorificum deputatum suum illum Gladium nudum quo cincti eramus quando in parte de Holdernesse applicuinus vocatum I ancaster Sword It hath been since by Escheat in the Crown and was bestowed on the noble Family of the Stanley's by the same K. Henrie and in their o Camdenus Posteritie being Earles of Derby it continues So was Henrie of Beuchamp Earle of Warwick by Henry VI. crowned K. of the Isle of Wight and in him also that title ended But all these are litle otherwise Kings then Dukes or Earles are They bear the name but not the true marks of Royall maiestie rather to be stiled Reguli then Reges being subiects in respect of those whose Maiesties they were bound to obserue and obey For me thinks it looks like false Latine where our Henry II. grants Roderico p Transactio inter Hen. 1â— Roderic apud Roger. de Houeden ligio homini suo Regi Conactae in Ireland that hee shall haue his territorie paying a certain tribute quamdiù ei fideliter seruiet vt sit Rex sub eo Paratus ad seruitium suum sicut homo suus Yet in grants q Claus. R. Ioh. 6. memb 18. 17. Ioh. Chart. memb 3. 6. Hen. 3. Chart. memb 2. in Arce Londinens made by K. Iohn and Henry III. to the Kings of Conaght and Tesmond the like title of Rex is which is obserued also by the learned S r Iohn Dauis Knight his Maiesties Attorny Generall for Ireland as also that in the Pipe Rolls of Hen. III. his time yet remaining in Bremighams Tower in the Castle of Dublin somtime Oneale Rex vpon accounts sometime Oneale Regulus occurs And when Reginald K. of Man had done his homage as a tenant to r Chronic. Mannae K. Iohn and likewise to Henry III.
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
Lonanij lib. 1. cap. 9 prriuiledges giuen to the Duke by him that created the first there it is found Si quibusuis imperij Curijs publicis Dux Austriae praesens fuerit vnus de Palatinis Archiducibus est censendus nihilominus in consessu incessu ad latus dextrum Imperij post Electores Principes obtineat primum locum Where also his Ducall Habit of that time is describ'd Dux Austriae the words are Principali indutus veste supposito Pileo Ducali Circundato serto Pinnito baculum habens in manibus equo insidens insuper more aliorum Principum Imperij conducere ab Imperio feuda sua debet And in the Charter of Frederique the second Concedimus etiam uostro illustri Principi Duci Austriae Crucem nostri Diadematis suo principali pileo sufferendam That of Archduke is proportionat to the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which by some c Nicephor Gregoras Histor. li. 7 testimonie was giuen hereditarie to the Prince of the Athenian Territorie by Constantine the great But I doubt much of the reporters credit therin or rather think he appli'd a name of his own time too farre backe to another age as hee doth in other But if you take these Kings of the Empire of whom in the first book for a speciall Title it will follow that this of Duke is not next to the apparant successor For also when Frederique II. made Austria a Kingdome He gaue the new King by the same Charter power to make a Duke vnder him that is of Carniolae his d Petrus de Vineis l. 6. Epist. 26 words are vt de prouincia Carniole Ducatum facias immediatè tibi pro te nobis successoribus nostris Imperio responsurum But I see no difference twixt such a thing and a Duke but in name Lithuania or Leitow is calld Magnus Ducatus and the Duke of it that is the King of Poland Magnus Dux Lithuaniae because in it also are diuers other Dukedomes by that name describ'd by such as haue been in that state Others therein like are by it as Prussia Liuonia What rights royall and euen maiestique Supremacie some Dukedomes haue of the Empire is best learned l V. quae Andreas Knichen in Comm. Iur. Saxonic cap. 1. verb. Duc. Sax. collegiâ— ad hanc rem out of Ciuilians and such as haue handled them in Politique discourses I meane those of Lorraine Sauoy Millan Florence Saxonie and such more wherof although some are challenged by the See of Rome Yet I may call them all Imperiall For out of the Empire their Originall was Touching them I adde only what a most m Alciat de sing Cerlam cap. 32. learned Ciuilian of late time deliuers Aliqui saith hee Regali potestate decorati sunt vt Mediolanensis Pannonniae superioris quam Austriam vocant itemque Burgundus Atque ideò gentilitijs insignibus Coronam ferre ius illis est Aliqui non sunt vt quos Rom. Pontifices in Vmbria Piceno alijsque Italiae locis quandoque constituerunt Hij cum Pont fici deferre teneantur nec soluti legihus sint non Coronam sed h Hee takes it it seems for a Cap. v. de Birro Meurs Critic excercit 2. lib. 4. cap. 3. Et Pith. Aduers 1. c. 16. Birrum ostentant The French commoly affirme a Bodin de Rep. lib. 3. cap. 5. alij that this or other Dignitie became not otherwise then at will of the King mongst them till vnder the third that is the Capetan line which began about DCCCCXC of Christ. But I cannot assent to them if they denie any to be before in feudall right of certaine Estate For the first that is the Merouingian line Gregorie of Tours hath examples enough to iustifie their Opinion But for the Carolin Was not the Duchie of Normandie giuen in Fee to Rollo by Charles the simple about DCCCC Whence the succeeding Dukes deriu'd themselues And the Charter of Charles the Bald which created as the common opinion is Thierry or Theodorique first Count or Earle of Holland being then as good a title as Duke thus b Arâ—hiu Monast Egmund apud Ian. Douz Annal. Holland 5. speakes Iubemus vt sicut reliquis possessionibus quibus iure haereditario videtur vti ita his nostri Muneris largitate rebus impensis valeat securè omni tempore vitae suae frui ipse omnis eius posteritas Dat A. D. DCCCLXIII XVII Kal. Iullas And although the date in the transcript be corrupted as the noble Hans Douz thinks and that it should bee DCCCCXIII yet it so shall be refer'd to Charles the Simple and to the second line of their Kings The Creation likewise of Baldwin firist Earle or Count of Flanders the name of Count in him being as great as Duke is refer'd to Charles the Bald and falls about DCCCLXIII And the ancient hereditarie Counts of Bretagne farre exceed any of these All which proues those kind of Dignities more anciently feudall amongst them then the Capetan line But about that time first through the weaknesse of the Carolins and then by example of Hngh Capet Count of Paris which got the Diadem of France most of those who before were honor'd with the equall titles of Duke or Count for life extorted or by armes established their Dignities and Territories to themselues and their inhâ—riting posteritie Yet so that the more to secure their diuided greatnesse they acknowledged to the King a Supremacie and did him Homage as for hereditarie and patrimoniall Fiefs Being as is said of the Dukes c Guil. Gemeticens lib. 7. cap. 45. 46. of Normandie different from the King in this only that the King did them no homage as they did to him But in their Territories they vsurped all kind of souerainty as to make laws Officers of the magistracle to giue iudgment not subiect to Appeale leuy militarie forces Coin monie take imposts subsidies and the like and vsd also a Crown such as in more ancient times the Kings did that is a Crown Fleurnoee only differing from what is now a Royall one in that it was not arch't or close Such kind of Soueraign Dukes were afterward sometime there created Thus an ancient d Anthoin de la Salle chez Ch. L'Oys des Gr. sig ca. 5. §. 48. 49. Autor of that State Quand le Roy fait vn Duc il le Corone en sa meilleure ville tout ainsi que luy mesme à este couronnè exceptéd ' estre oint for more particular forme of there Crown the same Autor Le Duc est inuesty par l'imposition d'un chappeau d' or Ducat orné desperles And the Coronation of the Dukes of Bretagne vntill it became vnited to the Crown was with all Ceremonie as to a King except Vnction as appears in that of Francis I. Duke there in M. CD XLII crownd by e Bertrand d' Argentre Hist. de Bret. liure
England How the Nobilitie lik't the Creation of Robert of Vere Richard I 〈…〉 expressely made it a Dignitie twixt Duke and Count. Iohn of Beaufort's refusing the Title as too New His Coronet here First Marquesse in Scotland Iohn Hamilton First in Spaine when made and who His Coronet and prerogatiues there CHAP. III. OF Dux Dux limitis and Comes as they were anciently about the declining Empire it is sufficiently disputed in the next Chapter before And of their equalitie of Office and Dignitie as also how from Dux came the now Honorary title of Duke From no other Originall is the name of MARQVESSE to be deriud For such as were constituted Gouernors of Prouinces bordering on som other State or the Sea whence also easier inuasions might bee feared had the name of a C. tit de Venat Ferar. l. vnic Constit. Theodos. Val. edit a Pith. tit 29. Duces Limitanei or Limitum in Latin and from the old Dutch or French in later time Marâ—graues or Marquesses For in that tongue as at this day Borders Frontiers limits or bounds were calld Marques or Marches Quotiens saith my b Boiar leg tit de Term. Rupt art 8. autor de Commarchanis contentio nascitur c. i. as often as controuersie rises touchching Boundaries And in the French Annals one speaking of Carloman Expulit Duces quibus custodia commissa c c Anonym sub anno 861. erat Pannonici limitis Cartani atque per suos Marcam ordinauit Hence the ancient Marquesse of Austria is calld d Ditmar Chronic lib. 7. Marcha inter Vngarios Bauarios So Normandie was * Sugerius Abb. vitâ Ludouici Crassi Margus Regni and Normanniae Marchia The reason of the name any man knows that knows how it lies In the Testament of Charles the Great Marcae is vsd for Frontiers and in writings of those times Marca Hispanica Marca Britannica and such like infinit occurre And e Adreuald Floriac de Mirac S. Ben. cap. 33. Marchisi Britannici limitis Marchiser in French being at this day to Border or adioyne to Hence the names of Danmarch and as som haue thought our Mercia or Mercland in the Saxon Heptarchie and the lawes of Marque or Reprisales Some great men haue f Alciat de Singul Certam cap. 32. deriud it from Mare or Marc i. a Horse as if it should be in Latin Magister equitum or a Generall ouer the Gensdarmerie of Horsemen It s true that among the old Gaules the word g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pausanias Phocic lib 10. Marc signified a Horse as also in h March leg Boiar tit de Vitios animali art 11. old French and British or Welsh wee and the present Dutch retaining still for one Sex the word Mare Hence some will the Marcheta Mulieris in Scotland i. from an obscene vse of equitare the first night or Maidenhead of the Bride which by a law of Euen III. King of Scotland was allowd to the King and other Lords at the marriage of their Tenants daughters and afterward by Malcolm III. at request of his Queen turnd into a summe of i V post Hectorem Boetium lib. 3. Regiam Maiest lib. 4. cap. 31. de Marcheta apud Nos consulas Henric. de Bract lib. 4. de Assiss N. Diss. cap. 28. §. 5. monie yet remaining among their laws But also with vs in a Natiuo habendo the Esplees is laid among other in Marcheta pro filiabus suis maritandis perhaps hauing like cause of name although not the same ground of Law But in Scotland it extends to all Conditions as well Noble as other And from the old vse of this Marc or Mare must you deriue Mareshall i. as most say Mare-schalch which literally is as much as Equi or Equorum praefectus i. Master of the Horse Which without question is the true etymologie of the great office of Mareshall ioind anciently in England with the Constable i. Comes stabuli in their iudicious place of the Court of Chiualrie But to iustifie also that Marquesse is hence one produces a piece of an old Romant thus speaking of Paris his companie in his embarquement for Helen Li k Benois Chez Fauchet en l' Origin des Dig. nit 2. cap. 3. Chiualier li Marchis Ke Paris ot semont pris Et ses freres Deifibus Et furent bien deux mil plus And thinks that the autor would not absurdly by Marchis mean such as are mongst vs feudatarie Marquesses but that he vsd it for Horsemen which in later time was applied to this Dignitie Surely there was no necessitie that hee should vse the name for the one or the other but generally for a Souldier because indeed the old Marquesses had in their Prouinces Martiall gouernment Or if hee did vse it for Horsemen as perhaps hee might what consequence is there that thence this Honorary title should haue its deduction But howsoeuer he knows nothing of the old Monkish Rimes and Romants that knows not how vsually they abusd words of Titles Dignities and state of their own age by application of them to Countries and Times where and when they were not What doth Dan Lidgat the Monk of Bury mean when in the destruction of Thebes he saies that King Adrastus sette a Parlement And hath his letters and messer gers sent Through Greece to many sundry Kings Hem to enhast and make no lettings And round about as made is mention Hee sent also to many a Región For Princes Dukes Earles and Barons It must in charitie be thought that none of his Readers are so blockish as to beleeu that the Titles of Dukes Earles and Barons were in Greece Much of that nature is in Robert of Glocester Chaucer Gower and elswhere in Lidgat The l Constit. Feud lib 2. tit Quis dicatur Marchiani dicuntur Petro de Vincis lib. 2. Epist. 15. Imperiall Laws thus Qui de Marchia inuestitus est Marchio dicitur Dicitur autem Marchia quia Marcha vt plurimum iuxta Mare sit posita It s certain iudeed that many of the Imperial Marquisats are in a maritime coast yet plainly had their names from being Land-marches of the State and not from their maritime situation For although the Marca Anconitana Taruisana of Ferrara in Italy as also the Marquisat of the holy Empire in Brabant the Marcha Normannica and Britannica in France are maritime yet Misnia and Lusatia Brandeburg Morauia Austria Susa in Sauoy all vnder the name of Marquisats and then instituted when the Title had a reall deduction from the Prouinces are inland Countries When Charles the great had a designe of Warre against the Saxons he sent for all his forces in Guienne and commanded them thence m Adhdemar in vita Ludouic Pij relictis tantùm Marchionibus qui fines Regni tenentes omnes si fortè ingruerent hostium arcerent incursus Plainly the defending of the Marches interprets their name
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
Gods euen by God himself because here on earth they should for their power be his i Sthenid Pythagoric apud Stobaeum Serm. 48 de ea re plura Imitators And in s Artemidor Onirocritic 4. cap. 71. Onirocriticisme dreams of superior Deities were referd to such as had rule and command It beeing at this day among the Moschouitique Christians in vse to account their Great Duke rather a God then a Man This respect added to an obsequious impietie caused as well in the Christian as Heathenish times and States the subiect to continue that ill custom of Swearing by their u Harmenopul 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 1. tit 7. Princes And if by them they did forsweare in a suit For if out of a sudden heat they were pardoned the punishment for periury was inflicted that was Fustigatio i. as if you should say bastinadoing the Greek Lawiers calld it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and whilst the officers beat him they vsed this formall admonition 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 x ff de Iureiur L. si duo §. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Take heed how you swear But if the periury were committed gainst God and his name no punishment followed by their customs because they supposd God would sufficiently reuenge the y Ita Veteres existimâsse vltionémque dum in viuis existerent periuri expectasse Confirmat illud Horatij Carm. 2. Od. 8. abuse of his Deitie expressing it thus I 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith Constantine Harmenopulus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 although it were certain by their Canon Law that Church penances but no other infliction was z Can. 64. Basil. Harmenopul Epit. sect 5. tit 3. prouided for the periurd as also if in any suit the partie had forsworn vpon the holy Euangelists his tongue was cut out This Harmenopulus whom I cite was a Iudge in Thessalonica now called Saloniche vnder Emanuel Comnenus about M. CXLIII after Christ as is a Marquhard Freher Chronolog ad Ius Graeco Romanum coniectured But all this touching swearing by the Prince or Emperor and his Genius had its originall out of Paganisme For that punishment of Fustigation was it seems b Vlpian ff de Iureiur l. 13. §. 6 instituted by Antoninus and Commodus when it was vsuall to sweare per Genium Principis and per Principis c Const. Alex. Seueri C. de reb credit l. 2. videsis Cuiac Obseru 2. cap. 19. Venerationem as it is in a rescript of Alexander Seuerus vnder whom the learned d Apologetic cap. 28. Tertullian vpbraids the Romans with Citius denique apud Vos per omnes Deos quà m per vnum Genium Caesaris peieratur And Athalarique the Goth in a profession of future good gouernment to the Romans e Cassiodor Variar hist. 8. Epist. 3. Ecce Traiani vestri clarum seculis reparatum exemplum Iurat vobis per quem iuratis nec potest ab illo quisquam falli quo inuocato non licet impunè mentiri Take withall that of f Epist. 2. lib. 1. Horace speaking to Augustus Iurandásque tuum per nomen ponimus aras which well fits with the name of those Maiestique Pauillions vnder which the Emperors sate vsually They called g Vt notauit Casaubon ad Suetonij Neronem cap. 12. them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as if you should say Litle heauens And for the Christian times agreeing with what is already shew'd was that forme of their Militiae sacramentum the soldiers oath Iurant autem saith my author liuing about CCC LXX from our Sauior Per Deum Christum S. Sanctum per Maiestatem Imperatoris g Vegetius de Re. Militar 2. cap. 5. sub Valentiniano Gratiano quae secundum Deum generi humano diligenda est colenda Nam Imperatori cum Augusti nomen accepit tanquam presenti corporali Deo fidelis est prestanda deuotio impendendus peruigil famulatus Deo enim vel priuatus vel militans seruit cum fideliter eum diligit qui Deo regnat autore This vse was anciently among the Egyptians as is apparant by Iosephs swearing by the life of Pharaoh And in later daies a Rabbin that liu'd h Abr. Aben Ezra in Decalog about M. C. LXX affirmes that if a man had sworn in his time in Aegypt it was then gouern'd by Caliph's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. by the Kings head and had forsworn he was subiect to capitall punishment neither could he redeem the guilt for his weight in Gold And when Shach Ismael the first Sophi got the Persian Empire no oath q Leuncl Musulmanic hist. lib. 16. amongst them was so great as to sweare by his head Thus it appeares how both mongst Christians Mahumedans and Heathen a certaine Sanctitas Regum as r Sueton. in Iulio cap. 6. Iulius Caesar cals it was specially regarded Whence it seem's the frequencie of hauing a Deity 's name in the Kings was so familiar amongst the ancients The Tyrian or Phoenician Princes had vsually the names of Beleastartus Abdastartus Ithobaal and many such like ocurring in the fragments of Menander and other annals of those parts from their Deity Baal and Astaroth which Holy writ speakes of Nebo s Isai. cap. 46. com 1. vbi Lxx. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Babylonian Idole was a part of Nebuchadonezar Nabopollassar Nabonitus their Kings In Neriglosser is Nergal the Deitie of the Cuthaeans which the t R. Salomon Iarchi ad 2. Reg. 17. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 n. interpretari potes fontem tumulum forte Sphaeram Ignis cum Magorum vnde Cuthaej 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 conferas Iews idly say was a Cocke but without any great scruple will be proou'd to bee the Sunne or some perpetuall fire honor'd with respect to the sunne and in the names of the Iewish Kings is vsually one of the names of the true God as you see in Ahaziahu Amaziah Azariah and diuers such more Among the Egyptians Busiris Petosiris Osiris Kings all of them hauing the greatest Deitie of that people in their names That is Siris or Seiris which was the same with Nilus For in a Isai. cap. 23. com 3. â—irem ca. 2. com 18. Holy writ it is call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which by the Ethiopian Idiom is pronounced Sihri saith the noble Scaliger signifying black according as the Greeks stil'd it b Odyss 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and with them the Latins Melas c Festus in eo vocab alij of the same interpretation and from that Eastern word questionlesse came the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith Dionysius Afer Where his Commenter Eustathius hath other but friuolous Etymologies of it The fashion in Britain anciently is touched where wee speake of Belin in the first Chapter But indeed the composition out of these names of Deities were not only proper to Kings Their Great
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
may weare a Crown who only a Cap. The beginning of this and that equall of Count in the French state The Counts of Holland and Flanders The Royalties of the ancient Dukes in France Their Crown The reuniting of those ancient Dukedomes and equall Counties to the Crown The later kind of French Dukes farre inferior to the ancient They beare their Crowns on their Armories only Whence the Crowns of Dukes Counts and the like came in fashion in these Western parts The Crowns of the Sebastocrator and Caesar. Appenage 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in a Charter of Edward III. The Ceremonie of inuesting our K. Iohn made Duke of Normandie When Dux came to be a speciall and distinct Title in France When in England The creation of the Black Pr. Duke of Cornwall A ring signe of Principalitie giuen and in Coronation of Kings Inuestitures of Bishops with Staffe or Rod and Ring When left off and remitted in the Empire and with vs. Error in Matthew Paris and Matth. of Westminster Bishoprickes to be giuen by the Kings letters patents without Conge d'eslier by act of Parliament Iohn of Gaunt made Duke of Lancaster the ceremonie and in making Tho. of Woodstock D. of Glocester The chief ceremonie at this day Dux in the Saxon times Duke of Northumberland by that name then hereditarie Dux then was properly their Eople Wergild What. Thrymsa The first Duke in Scotland First Dukes in Castile Ducall Crowns there Titles to be giuen to Dukes and their Grands by the Pragmatica L'oyseau's error concerning Dukes of England 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Duke in Moses and in the common assertion of the Rabbins CHAP. II. NExt to the apparant successor in the Europaean States are the Titles of Duke and Archduke Marquesse Count which we call Earle Vicount Vidame Baron and other more Of whom in their Order Two of them DVKE and COVNT Dux Comes haue their names most ancient but differing much from what they now are appli'd to Philip of Macedon hauing wasted the libertie of Greece seeing that a moderat vse of his victorie was fittest for establishment of his rights of Conquest ita vicit saith lustin vt victorem nemo sentiret Sed nec Regem se Graecis sed Ducem appellari iussit The like did Scipio Africanus in Spaine when Edecon and Andobal a Polyb. histor 10 saluted him King Of whom also b De Amicitia Cicero Quanta illi Dij immortales fuit grauitas quanta in Oratione Maiestas vt facilè Ducem P. R. non Comitem diceres And in another c Orat. pro Cornel Balbo place Si qui sunt quibus infinitum sit odium in quos semel susceptum sit quos video esse nonnullos cum Ducibus ipsis non cum Comitatu assectatoribúsque confligant In the Caesarean Empire Dux was next to Imperator The play of Ducatus Imperia like to our sports sometime vsd in making a Prince with all his officers and dignities was by that name d Sueton. in Ner. cap. 35. known in Rome which Trebellius Pollio calls fingere potestates And Martial e Lib. 6. Epig. 83. 91. salutes Domitian with summe Ducum and titles him summus Dux In like sense Iuvenal Statius others vse this great attribute which in the more ancient times you see plainly was much before Comes as the verie signification of the words shew Dux then properly was at first the Generall of an Armie vnder the Emperor Afterward it became vsually applied to such as had the militarie care of Frontiers As in Scythici limitis f Fl. Vopisc in Aureliano Dux Orientalis limitis Dux Illyriciani limitis Dux Thracij Rhetici limitis Dux g Trebell Poll. 30. Tyrann in Posthum in Celso huc sane referri potest quod de Legionibus quae limitibus praefuere sub antiquioris aeui Impp. habet Dio. hist. 55. Transrhenani limitis Dux limitis Lybici Dux and the like And Spartian sayes of Aelius Verus that he was Pannonijs Dux ac Rector impositus Their office it self was cald Ducatus In an Epistle of the Emperor Tacitus to Probus you read Nos tibi decretototius Orientis Ducatu salarium quintuplex fecimus And they had their Tunicae Ducales known by that name as in Valerians speech to Aurelian is remembred And Ducianum h Iustin. Cod. tit de appellat l. 51. quando 38. Iudicium in later time is vsd for iudgment giuen by them The precedent of their Commission as one by particular we are instructed thus i Cassiodor Var. 7. fox 4. spake Ideoque validum te ingenio ac viribus audientes per illam indictionem Ducatum tibi credimus Retiarum vt milites in pace regas cum eis fines nostros solenni alacritate circumeas But in those times Comites were great men such were in Comitatu Imperatoris of whom Constantine the great in his distinction of honours made some of the first Rank some of the second and some of a third 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is the same in the words of k Euseb. de vita Constantini 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one that liu'd and wrote vnder him The forme of giuing the greatest of these honors is thus l Cassidor Variar lib. 6. cap. 12 deliuer'd Quocirca prouocati moribus tuis m Ita dictus Honos ille Graecis vero 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Comitiuam primi ordinis ab illa indictione maiestatis fauore largimur vt Consistorium nostrum sicut rogatus ingrederis ita moribus laudatus exornes quando vicinus honor est Illustribus dum alter medius non habetar Admoneat te certè quod suscepta Dignitas Primi Ordinis appellatione censetur vtique quia te sequuntur omnes qui Spectabilitatis honore decorantur So that a Count of the first rank seemes somewhat before a Duke of a Prouince yet both vnder the same generall note of Spectabiles comprehending both Dukes Counts of Prouinces and some other But these Counts being of the Spectabiles which were between the Illustres and Clarissimi imploid in militarie seruice or state gouernment abroad had the name of Comites n C. de off rect Prou. l. Iustissimos 3. per prouincias o C. de Com. Rei Mil. l. Eos 2. Consulas ad hanc rem Nouell Constit. 27. de Comite Isauriae qui sub Comitiuae primi Ordinis dignitate peculiariter ad quamlibet prouinciam vel prouincias defendendas milit e credito autoritate Imperatorij Nominis destinabantur The Graecians call'd the Counts of the first p Nouell 43. c. 3 rank 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But howsoeuer the difference of Duke and Count was at the first institution of the Comitiua vnder Constantine or about Iustinians time to which referre that of Cassidore it 's certain they became not long after Constantine equall Honorius and Theodosius in a Constitution Qui q C. de Com.
then he addes Vtinam sic faciant Vxores Matres nostrorum Marchionum quacunque occasione patriam seruent incolumem labem pudoris amoueant But he means the ancient Lords Marchers of Wales in the same place speaking of Welsh irruptions Niuâ—collinus saith he not Ninicollinus as it is ignorantly printed indomitus insolescit inermes Britones intumescunt Where vnderstand those Niuicollini for Northwales men denominated by him from that Snowdon hill in Caernaruan-shire which in another p Dict. l. c. 6. place hee calls Niuium Collis as the Welsh in like signification Craig Criry Of these Marchers mention is in the Statute of Prerogatiue Exceptis Feodis Comitum Baronum de Marchia de terris in Marchia vbi breuia Domini Regis non currunt They were expresly calld Marchionis q Florilegus pag. 325. 370. edit Londin lib. Rub. scac v. Camden in Salopia Marchiones in claus 49. Hen. 3. dors memb 5. W. Rishanger sub Ann. 50. Hen. 3. Walliae also and whereas in Matthew Paris his description of the Coronation of Q. Elianor wife to Henry the III. it is reported that the Barons of the Cinque ports carried the Canopie ouer the King as their ancient right is quod tamen tunc scrupulo contentionis penitùs non carebat as he writes the opposition against them was by foure Lords Marchers Iohn Fitz-Alan Ralph of Mortimer Iohn of Monmouth and Walter of Clifford then calld Marchiones Walliae challenging that honorary office per ius Marchiae sed quodammodo saith the red book of the Exchequer friuolum reputabatur Afterward Roger of Mortimer being of great possessions and reckoning in this Trract was vpon the same Reason of Name created Earle of March by Edward III. with which others since haue beene enobled But in these was only the name not the dignity of Marchio Neither were they in English stiled Marquesses but Marchers as the most worthy Camden Clarenceulx hath obserued But the first which had this in England was the Earle of Oxford Robert of Vere Richard the second 's Mignion He made him in Parliament Marquesse of Dublin and afterward Duke of Ireland How the State lik't it Thomas of Walsingham shall tell you Creata est saith hee in hoc Parliamento IX Richard II. noua Dignitas Anglicis insueta nempe Comes Oxoniae D. Robertus de Veer appellatus factus est Marchio Dubliniae in Hibernia caeteris Comitibus hoc indignè ferentibus quòd viderent eum gradum celsiorem ipsis Regis munere percepisse praecipuè quia nec prudentiâ caeteris nec armis Valentior videbatur But vpon the infallible credit of the Record you shall haue the forme Confirmauit ipsum r Parl. 9. Ric. 2. memb 3. art 17. Marchionem de predictis titulo nomine honore per Gladij cincturam Circuli aurei suo capiti impositionem maturius inuestiuit ac chartam tradidit Eum vultu hilari inter Pares Parlamenti in gradu Celsiori videlicet inter Duces Comites sedere mandauit quod idem Marchio gratantiùs incontinenter fecit The same King made his Cousin-german Iohn of Beaufort sonne to Iohn of Gaunt and Earle of Somerset Marquesse of Dorset of which afterward Henry IV. depriu'd him and when a petition was in Parliament by the Commons for his restitution hee himself was vnwilling to bee restor'd to this kind of newly inuented Honor and Engenulant as the s Parl. 4. Hen. 4. Mem. 18. art 18. Roll speaks molt humblement pria au Roy que come le nome de Marquis fuyt estrange nome en cest Royalme qu'ilne luy vorroit ascunement doner cel nosme de Marquis qar iammais per conge du Roy il ne vorroit porter n'accepter sur luy nul tiel nosm en ascun manniere mais nient meins mesme le Count mult cordialment remercia les segneurs les Commens de leurs bons coeurs c. The Creation of Thomas Grey of the family of the L. Gray of Ruthen by Edward IV. into Marquesse of Dorset was t Patent 15. Edward 4. per Cincturam Gladij Cappae honoris Dignitatis impositionem and in that of Henry VIII his u Patent 15. Hen. 8. making the Lady Anne Rocheford daughter to Thomas Earle of Wiltshire Marchionesse of Penbreke the words are per Mantellae inductionem Circuli aurei in capite appositionem vt moris est realitèr inuestimus That Circulus aureus is a Coronet Meslée twixt our Dukes and Earles as of the French forme is before spoken Our present Soueraigne King Iames VI. of Scotland was the first Autor of this Dignitie there what euer by misconceit of that which is affirm'd of Malcolm II. may bee otherwise imagin'd Hee first honor'd the x Camden Scot. in Damnijs ancient name of Hamilton with it in Iohn sonne to Iames Duke of Chasteau Herald and Earle of Arran Spaine hath very many But the first there was Don Alfonso of Aragon Count of Denia made Marquesse of Villena by Henry II. of Castile about M. CCC LX. of Christ. So saith Stephen of Garibay and makes a Duke and a Marquesse in hearing of the Masse and sitting by the King of equall prerogatiue but addes that the Marquesse may not bear a Coronet on his head nor on his Armories nor do diuers other things which he allows their ancient Dukes aunque cessando estas cosas en los Duques con mayor occasion cessan en ellos But the Pragmatica allows Coronets vpon the Armories ' of Dukes Marquesses and Counts but vpon none others For when that was made vnder Philip II. M. D. LXXXVI it seems diuers of inferior note arrogated the same Formalitie of Crowns Comes Comes Matronae Prouinciae Comitatenses Comites Consistoriani Diuers Counties vnder some Counties as well as vnder Duchies Grafio Graffe or Graue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A Ring giuen in ancient inuestitures of a Count in France Their Coronet there Comes Dux and Eorle in our Saxon times Aethelings Heriots Ealdorman The Bishop of the Diocesse and Ealdorman vsd to sit in the Turne When that was forbidden Shirifes Wittenagemotes Aldermannus Totius Angliae The error of them which fetch Comites into our Saxons from those spoken of by Tacitus Earles and Comites vnder the Normans Their denominating Territorie Mabile daughter of Robert Fitzthaimon hir standing on it to haue a Husband of Two Names Henry the first 's and her discourse together exprest in very old English Rimes Creations The Third part of the Shrifwikes profits giuen to the Earle of the Countie The surrender of Hugh le Bigod his Earldom of Norfolk The supposd value in our laws of a Dukedom Marquisat and Earldom That hauing the Third part vnder the Saxons and in Hungarie anciently and to some Visconts in France A power in Earles anciently to make laws in their Counties It was anciently doubted whether an Earle might be su'd but in his own
of Audeley is created Earle of Glocester in Parlament his Patent r Rot. Parl. 11. Ed. 3. Memb. 14. ch 34. memb 23. ch 41. memb 26. ch 49. thus speaking Ipsum in Comitem Glocestriae praefecimus de statu Comitis per cincturam gladij de munificentia regia inuestimus ad nomen omen dicti loci sibi haeredibus suis perpetuò retinendum In like forme William of Clinton is made Earle of Huntindon William of Bohun Earle of Northampton and XX. l. annuity giuen out of the Countie to be receiu'd from the Shirifes hands Many such are extant in the Records And how the girding or deliuery of aâ—sword was in delegation of Imperium or power of gouernment you may see in the Roman s Xiphil in Traiano de hac re affatim Pet. ber Semest 1. cap. 2. Prefectus praetoriorum some other of that State But in later time the chief part of the Ceremony hath been thus exprest in the Patent Per Gladij Cincturam Cappae Honoris circuli Aurei impositionem in signimus inuestimus c. Yet it seems that before any of these examples a Coronet was vsd by them For in S. Edmunds Chapell in Westminster lies buried Iohn de Eltham t Vide Apologiam G. Camden pag. 13. Earle of Cornwall sonne to Edward II. with a Coronet on his head of a Ducall forme Neither in his time could the distinction bee of Ducall Crowns from Earles Crowns as now because no Duke then was in England His Coronet is now Poinctee and Fleuronèe But these Ceremonies are not vsd when an Earledome is giuen to one before possest of a greater Dignitie Then only the Charter selues as an example lately was in the making of Lewes Duke of Lennox Earle of Richmond As in the Eastern State they had their Officiarie Protocomes so in England that name once was in Praecomes u Rot. Parl. 23. Hen. 6. Angliae which grew first and died in Henry of Beauchamp Earle of Warwick vnder Henry the sixt The Scotish stories assertion that Malcolm II. first created this Title there is well tolerable the Dignities there before being all vnder the name of Thanes and Macduff Thane of Fife was first made Earle of the same Territory In Spain are now as elswhere very many and haue their Coronets on their Armories But although diuers Officiary Counts were in their Gothique times knowne by the name of Comites in their Monuments yet as a granted Honorary Title it began in the Kingdom of Castile they say but of late time that is vnder Alfonso XII Hee x A. Chr. M. CCC XXVIII made his speciall fauorit Don Aluar Nunnez Osorin Count of Trastamara Lemos Sarria Hereof saith Mariane Nouum id exemplum fuit nullis anteà in Castellae regno Comitibus The Ceremonie he describes thus Tres Offae in vini poculo oblatae cum inter se Rex Comesque tertiò inuit âssent vter prior sumeret à Rege Offâ vnâ sumptâ à Comite alterâ Ius Caldariae in Castris in Bello Vexilli proprijs insignibus distincti datum In eam sententiam confectis Tabulis atque recitatis consecutus astantium clamor plaususque laeta faustáque nouo Comiti ominantium Is instituendi Comites ritus fuit In Poland of late time both this Dignity and that of Duke began but to few Communicated My Autor thus y Martin Cromer Polon descript lib. 1. of that State Est autem pari dignatione Polonica omnis Nobilitas nec est vllum in ea Patritiorum Comitúmue discrimen exaequatâ quodam tempore omnium conditione Nuper adeò paucis quibusdam parentum vel ipsorummet amplitudine atque meritis Principum beneficio Comitum Decus denuò partum est Ducum qui peculiares habeant dominatus vel Territoria nunquam aliud genus fuit apud Polonos quam id quod à Boleslao Kriuousto Principe this Krziuoust as they write it began to raigne in 1103. propagatum fuit cum is principatum inter liberos diuisisset Verum id iam defecit But in Lithuania Prussia and Liuonia are Dukedoms Gaguin and others call them Ducatus Neither for that State be satisfied here without seeing what we haue in the next Chapter of their Uaiuods and Chastelans Of Counts Palatin two sorts in old storie Palatins generally Counts Palatin without Territory made at this day by the Emperor and Pope Comes Palatij Curator Palatij The office of Comes Palatij in the old French State Chaplains whence so calld Maire Du Maison Count du Palais not the same anciently against diuers that affirme the contrarie Maioratus Senescalcia The true deduction of the name of Counts Palatin differing from the vulgar Psaltzgraffe of Rhine Landgraue Rigordus amended The Palatinat of Champagne Of Chester Durham Ely and Lancaster The Curtan sword born by the Earle of Chester at the mariage of Henry III. Franchise de Werk in our Law Annals Hexamshire Hengstaldemshire its name in our Monks amended Hexam vnited to Northumberland Palatins in Poland their Vaiuods 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chastellans Palatins in Leitow CHAP. V. AS one diuision of Counts is into PALATIN and Prouinciall The Palatins hauing their denomination from Palatium the Palace or Kings Court the Pronincials from their Prouinces so of Palatins some had that generall name for liuing z Cod. tit de Priuil eor qui sac Palat. Militant lib. 1. tit 34. in Palatia as Palatina Officia and Palatini Comitatenses for the Emperors Gard and the like Others were more specialy titled Comites Palatij as chief Iudges and Vicegerents in the Court for administration of Iustice of whom most mention is in the French storie Of those of the first kind is frequent mention in both the Codes but so that the word Palatins comprehend also whatsoeuer officers were employ'd in the Palace 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith an old Glossary of the Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. By a common name of Palatins are cald all such as were Officers in the Palace about the Treasurie and interprets it also by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Court Officers Of Prouinciall Counts alreadie But all honor'd with the Comitiua and following the Emperor might well be and were stil'd among this first kind of Palatins Among these are reckon'd such as haue arrogated that name from XX. years Profession of Grammar Rhetorique Law or the like in Constantinople by a a C. lib. 12. tit 15. 13. vide Cassi dor Var. 6. Form 19. Symmach lib. 1. epist. 26. 37. Constitution of Theodosius and Valentinian which at this day is in the Empire made vse of as also those created Count Palatins without any Territory both by Pope and Emperor which haue with their Honor b Pith. des Com. tes de Champ. luire 1. the Prerogatiues of making publique Notaries constituting Iudges legitimating of Bastards immunitie from Imposts and the like It is written on the Tomb
heretofore our Knighting had in it the same or one proportionat to the same as its chief ceremonie in which the honor by retaining or dishonor by losing consisted Where obserue also that as the Romans had their Cingulum dignitatis and Cingulum militare and Otiosum Cingulum so haue some of our parts had their Gladius Comitatus whereof before and Ducatus and such like and in giuing of those Titles the Cinctura gladij which must not as referd to that ancient vse of making Knights per Cincturam be supposd to be both a Knighting and a Creation of the other Dignities But as in these confin'd vsually to some Prouince so the old Comitiua was to speciall place in Court the y vti Imperium gladio solennitèr dato fuerit translatum docebit plenius P. Faber Semestrium 1. cap. 3. ius gladij for gouernment was at lest partly transferd so in the girding with a sword for Knighthood the vsus Gladij if I may so say for seruice in Warre which difference is seriously to be thought on and conferd with those Cincturae in the Creations of Dukes Earles Marquesses and the like before related In the stories of about M. of our Sauiour mention is very frequent of such as were by Princes accincti gladio for Knighted But before that in the Empire was another ceremonie with the Girding that was it seems a blow on the eare giuen by the Prince to him whom he so honord In the Reports of Friseland its deliuerd that Charles le magne being verie indulgent and liberall of his bountie to the States there granted by Constitution that their Gouernor might make Knights by girding of them with a sword and giuing them a blow on the eare as the custom was Eis gladium circumcingat are the words of the a Dat. Romae A. Chr. 8â—2 Ex Mennenio Monument dato eisdem sicut consuetudinis est manu Colapho sic Milites faciat eisdemque firmiter iniungendo praecipiat vt deinceps more Militum sacri Imperij aut Regni Franciae armati incedant Qui Frisones signum suae militiae à dicta Potestate their Gouernor recipere debent in quo Corona Imperialis in signum suae libertatis â nobis concessae debeat esse depicta Another like example is at large describd in Francis Mennens by whom is writen that in the b Archiu Louaniens Ann. 1260. vide Lips Louan lib. 3. Records of Louain a Constitution is that none should be Equestri Balteo cinctus or knighted vntill hee had gone in three seuerall voyages of Warres And note once by the way that in the Empire as well as elswhere Miles was in the more barbarous times both a Knight and any common Souldier and one also that held his Fief by Knights seruice as out of the Feudalls you are instructed At this day in the Empire the solemnitie of Creation consists as with vs chiefly in touching the deseruing with a Sword or laying it on him So I think in most places of Europe although in Charles V. his victorie against Frederique Duke of Saxonie a great companie of Gentlemen of good merit in the late seruice were knighted by the Emperors acclamation of Seà n todos Caualieros i. be they all Knights But of them som obseruable particulars will best appeare if we speake of them as they haue been in other States created The ancientest testimonie of any made in England is vnder Alfred that honord his nephew Athelstan afterward King with this Dignitie William of Malmesbury thus expresses it Militem fecit donatum Chlamyde coccineâ gemmato Baltheo ense Saxonico cum vagina aurea But in succeeding times of the Anglo-Saxons more religion was vsâ— in taking this Order Neither was it done without a solemne confession of sinnes receiuing the Sword from the Altar at the hands of some Church-man and such like which also hath c Vide si placit Francisc. Mennen Symb. Orig. Equest been in the Empire and France An old Monk speaking d Lambert Schaffnaburg in Chronico of the Emperor Henry III. and the Archbishop of Breme saith that Goslariae per concessionem Archiepiscopi primum se Rex arma bellica succinxit And Anglorum erat consuetudo writes one that liud at the e Ingulphus Norman Conquest quòd qui Militiae legitimè consecrandus esset vesperè praecedente diem suae Consecrationis ad Episcopum vel Abbatem vel Monachum vel Sacerdotem aliquem câ—ntritus compunctus de omnibus suis peccatis confessionem faceret absolutus orationibus Deuotionibus afflictionibus deditus in Ecclesia pernoctaret in Crastino quoque Missam auditurus Gladium super altare offerret post Euangelium Sacerdos benedictum gladium collo Militis cum Benedictione imponeret communicatus ad eandem Missam sacris Christi Misterijs denuò miles legitimus permaneret And according to this forme was that most Noble Heward Knighted by his vncle Brand Abbot of Bury about the Norman inuasion But this kind the Normans much dislikt Hanc saith Ingulph cousecrandi Militis consuetudinem Normanni abominantes non Militem legitimum talem tenebant sed socordem Equitem Quiritem degenerem deputabant Which makes me confidently referre that of Ne Abbates faciant Milites constituted in III. f Synod Westmonast A. 1102. Malmesb. de gest Pontific 1. Hen. I to this custom The Normans not liking it in a Prouinciall Synod vnder Anselm Archbishop of Canterbury and Gerard of York then thus prohibited it and perhaps named only Abbots because it seems of inferior Churchmen none or few would or did receiue it and the Bishops were by likelyhood not willing to take the power from themselues But howeuer that was took from Churchmen yet the solemnitie's it seems of taking the Sword from the Altar and such like in the Church remaind afterward For Iohn of Sarisburie speaking of an implied oth that all Knights of his time took as for defence of the Church Iam inoluit saith g Policratc lib. 6. cap. 10. 13. consulas morem illum à Paulo 11. institutum apud Marcell Corcyrens lib. 1. sect 7. iuramentum câ—eandi Equitis apud Olaum Magnum Septent Nation 14. cap. 7. he consuetudo solennis vt ea die qua quisque Militari Cingulo decoratur Ecclesiam solennitèr adeat Gladioque super Altari posito oblato quasi celeberi professione facta seipsum obsequio altaris deuouerat Gladij id est Officij sui ingem Deo sponderat famulatum Neque necesse est vt hoc profiteatur verbo cum legitima professio Milites facto eius videatur inserta This Oth was it seems somwhat proportionat with that Militiae sacramentum taken solemnly by the Roman Armies without which and at euery new going a Warfare a renewing of it none might iure h Cicero de Offic 1. de Pompilio Catonis filio videsis Veget. lib. 2. cap. 5. Seruium ad
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
the warrs or at Court It was long in great honor mongst them but consequentium Regum ignauia saith Mariana rerúmque humanarum inconstantia in desuetudinem abijt vt ne vestigium quidem extet The Order of S. Andrew in Scotland hath a supposed Of S. Andrew in Scotland originall very ancient Some refer it to the victorie had by Hungus King of the Picts against our Athelstan after an apparition of the Apostle and his Crosse to Hungus who with his souldiers went barefoot after the battell to S. Andrew's and there all vowd se suámque saith Hector posteritatem signo Crucis Diui Andreae quoties ad praelium fuerit proficiscendum vt tam insignis victoria parta diuinitùs gratâ recordatione semper haberetur pro insigni deinceps vsuros Mansit Pictis post eos deletos Scotis exinde hoc institutum perpetuum The Collar of it expresses Thistles with S. Andrew pendant to it Certaintie enough of its beginning as an order of Knighthood I haue not yet learned That Apostle hath been their Saint euer since Regulus Albatus a Monk about CCC LXXVIII of Christ brought his reliques thither out of Constantinople whence they were translated from Patrae now called Patra where he suffred Martyrdom Andrew was born also 〈◊〉 a Collar or Garland of Rue as Francis Mennens specially remembers The word applied to the Thistles Nullus me impune lacessit The Armes of Danmark in Henninges and elswhere are inscribd in a Collar made of Elephants chargd Of the Elephant in Danmark with Castles thereto hanging our Ladie in a radiant Circle and to that a litle round with three nails This is the Collar of their Order of the Elephant begun verie lately by one of their Kings By whom certainly I know not Some say by Frederique father to the present Christiern IV. In some of his monies the Elephant is a note Royall Mennen describes also the Collar of the Order of Of the sword in Suethland the sword in Suethland made in form of foure swords tied one at the end of another and so lets it about Armes proper to the Order He tells no time of it nor I know none Another there he remembers and puts the Collar about the Kings armes of Seraphins and Cherubins Of the Seraphins there and Patriarchall crosses In what State to place that the Burgundian Crosse giuen by Charles V. to diuers that had well performd Crucis Burgundiae with him against Hariaden for Muleasses in the African warres I know not On S. Magdaleâ—s day in M. D. XXXV the tenth Planetarie houre he gaue it to bee worn hanging to a Collar On the one side of the plate because the X. houre was Mercurie's hee was picturd on the other the Burgundian like S. Andrews Crosse with a Steel to strike fire referd perhaps to the Toyson d'Or and circumscribd Barbaria But it was not any certain Order but meerly personall to them who were first honord with it Of late in Italy was erected the Order of the Bloud of the Redeemer Vincent Gonzaga Duke of Mantoua Di sangue di Saluatore in Mantoua when the marriage was twixt his sonne Francis now Duke and the Ladie Margaret daughter to Charles Emanuel Duke of Sauoy in the yeer M. DC VIII instituted it in a number of XX. with consent of Pope Paule V. Vnderstand that in S. Andrews at Mantoua according to other tales of that part are kept as a most precious a Quod habent Martyrologia de S. Longino Mart. 15. si placet vide Aimoin de gest Franc. 4. cap. 92. relique certain drops of our Sauiours bloud with part of the Sponge The Collar hath in it threds of gold laid on fire and twixt those plates as it were interwouen these words Domine probasti The LX. Psalm is aimd at To the Collar is annext two Angels supporting three drops of the bloud and circumscribd with Nihil isto triste recepto The Duke himself is chief of it and diuers other Princes were then ioind with him Neither because also Aâ—bert Mirâ—â— puts them mongst Di santo Steffano en Fiorenza his honorarie Orders will we omit here that of S. Stephan in Florence In the yeer M. D. LXI Cosmo di Medici Duke of Florence with confirmation of Pope Plus IV. instituted this of S. Stephan as vnder Stephan Pope Martyr and Patron of that State But it was vnder the rule of S. Bennet only they haue liberty to marrie They were purposd against the Turks Their Note a Red Crosse edgd with gold The Suprem or Master the great Duke of Tuscanie or Florence And so are as partly honorarie partly religious About M. CCC XXX the Order of S. Mark began in Di S. Marco Venice and was renewd in M. D. LXII and honord with priuiledges None but Gentlemen of speciall worth in note and discent were to be admitted of it The Collar hath S. Marks Image with Pax tibi Marce. Mennens is my autor It s not amisse to reckon the Peetermen of Louain or Homines de Familia S. Petri mongst these Orders Petermanni Louanienses Their Originall is from the warre twixt Hen. I. Duke of Lorraine and Count of Louaine in M. CC. XIII against Hugh Bishop of Liege and som neighbor Prines wherein the Duke was through the valour of those of Louain their Ensign being S. Peeter's Banner rescu'd from most imminent perill not without the losse of M. M. Louanians In reward whereof he honord them all with large priuiledges and called them Peetermen Homines B. Petri Louaniensis saith an old b Apud Lips Louan lib. 2. cap. 4. testimonie liberi priuilegiati esse debent sunt prae alijs hominibus And Lipsius saies he saw a Charter of the Patrices or Senat there dated M. CCC XXX III. wherein one was exempted out of common iurisdiction that pleaded se esse Hominem S. Petri ad familiam liberam Domini Ducis pertinere But now the name remains the rights of libertie extinct or as out of vse although in the oth of the heirs and successors of the Earls of Lonain their priuiledges be yet contained Here may bee thought of those Tecuytles in some parts of America which are there a kind of Knights made with solemnitie by the chief Priest and boaring them through the Nostrells with a Tygers bone and the bill of an Eagle Nor are I think any other of note and not Religious extant or worth remembrance More particulars of the habits of some of them and of their statuts you haue in Sansouino our Segar Garter his Honor Militarie Of Calatraua Alcantara S. Iames and many such like more I cannot think they are any way so fitly put amongst Titles Honorarie For what they are is for what they doe in a certain place as for a stipend and the name of their Knighthood adds not any degree to them like those Orders of the Collar or of the Spur which are