a truth no more then Eugubin's translation of it into Greek for it was extant only in Latine till that imposture to bee legitimat But Iohn of Sarisbury goes on Annulum quoque per me transmisit aureum smaragdo optimo decoratum quo fieret inuestitura iuris ingerenda h Locus deprauatus forte l. ingrediendae Hberniae Hibernia Idémque adhuc Annulus in i l. Curiali curali archio publico custodiri missus est All this was about II. Hen. II. But nothing was executed Som yeers after Dermut Mac Morrogh K. of Lemster beeing distrest by the K. of Connacht and Orereck M. C. LV. K. of Meth whose wife he had but not against hir will dishonord requested aid of the English and had it and was chiefly restord by the valour of R. Strongbow Earle of Penbroke The Earles Greatnes in litle time within the Isle grew suspicious to K. Henry To auoid that he acknowledged the Dominion of his Conquest in the King who som XVII yeers after the Popes Bull entred the Isle with an armie subdued good part of it and had homage of those petit Princes which retained as afore so after this acknowledgment the name of Kings Yet they were not Ordinati solennitate alicuius Ordinis as the k Apud D. Io. Dauies Regiū apud Hibernos Procuratorem Black book of Christ-Church in Dublin speaks nec Vnctionis sacramento nec Iure haereditario vel aliquâ proprietatis successione sed vi armis quilibet regnum suum obtinuit This K. Henry it seems following the syllables of the Bull and his successors hence titled themselues Lords of Ireland in their stile putting it before Duke of Guienne And in the Annals of Ireland you read Ioannes filius Regis Dominus Hiberniae de Dono patris venit in Hiberniam anno aetatis suae duodecimo which was the XIII yeer from the first entrance of Hen. II. and in l Ex Synod 1. 2. Cassiliens Armach ap Camd. De Pauonum pennis in texendis Coronis Consulas Paschal de Coron lib. 10. c. 13. confirmation of his title Pope Vrban III. sent him a crown of Peacocks feathers As likewise Hen. III. made Prince m Pat. 52. Hen. 3. memb 9. Edward afterward Ed. I. Lord of Ireland How King Iohn had obedience of most of the Princes there and establisht English Laws Officers and such more notes of supreme Maiestie Matthew Paris may best instruct you Plainly although some succeeding Princes wrote themselues but only Lords of Ireland yet their Dominion was meerly Royall They had their Iustices or Custodes or Lord Lieutenants or Deputies as at this day they are called of Ireland which were as Viceroy's by Patent with most large Power delegat in the very rights royall then whom no Lieutenants in Christendome as our most iudicious Antiquary obserues comes neerer Kinglike State And. Richard II. being himself but in Title Dominus yet created n Pat. 9. Rich. 2 Robert of Vere being then Earle of Oxford Duke of Ireland with Commission to execnte most inseparable prerogatiues royall Which had been ridiculous if in substance hee had not been as a most perfect King of it But in later time vnder Henry VIII in a o Stat. Hibern 33. Hen. 8. cap. 1 Parliament held at Dublin Sir Anthony Senitleger then Lord Deputie Forasmuch as the King our most gracious dread Soueraign Lord and his Graces most noble progenitors Kings of England haue been Lords of this land of Ireland hauing all manner Kingly Iurisdiction Power Preheminences and authoritie Royall belonging or appertaining to the Royall estate of maiestie of a King By the name of LORD OF IRELAND where the Kings maiestie and his most noble Progenitors iustly and rightfully were and of right oft to bee Kings of Ireland and so to be reputed taken named called it being further added that through want of vse of the iust title and name diuers attempts of disobedience had been in the Irishry it was enacted that the Kings Highnesse his heirs und successors haue the name stile title and honor of King of this land of Ireland with all manner honors preheminences prerogatiues dignities and other things whatsoeuer they bee to the Maiesty and State of a King Imperiall appertaining or belonging And that his Maiesty bee from henceforth his heires and successors named called accepted reputed and taken to bee Kings of this land of Ireland to haue hold and enioy the said stile title maiestie and honors of K. of Ireland with all manner preheminences prerogatiue dignities and all the premisses vnto the Kings highnesse his heirs and successors for euer as vnited and knit to the Imperiall Crowne of the Realme of England Thus much Pope Paul IV. afterward confirmd to K. Philip and Mary with de Potestatis plenitudine Apostolica autoritate Regnum Hiberniae perpetuò erigimus And in the stile of their Parliaments it was henceforth calld Regnum or Realm being before only Terra Hiherniae Of which enough In origination of our English name Lord whereby we and the Scots stile all such as are of the Greater Nobilitie i. Barons as also Bishops it s not easie to satisfie you In our ancient Saxon it was writen hlaforde and was a relatiue to þeow and ðeow man i. a Seruant or Bondslaue and Tenant not any Title or Dignitie To talk of Allodium or Allodius to this purpose as some do is more then idle It would be neerer our present pronunciation if you drew it from Lars or Lartes for so also is the first case vsed by p Lartes Tolumnius Philippic 9. Cicero an old Tuscan word signifying Prince or such like as a q Ios. Scalig. ad Propert. 4. great man deliuers by coniecture whence you haue Lartem Porsenam and Lartem Tolumnium in Liuy Plutarch and Halicarnasseus and Aremoricus Lars in Ausonius But Lar Lartis saith an old r Tit. Prob. Epit. de Nom. Rat. Roman praenomen est sumptum à Laribus Tuscum autem creditum est praenomen esse It were not much stranger at first sight to suppose this Lar or Lartes to be hether transferd then that Lar should yet remain as I haue seen somwhere noted a word for a chief house about Bayeux in France And many worse etymolegies make their authors proud of them But I know you cannot but laugh at this and I will so with you touching it only as ther is such communitie of name twixt it and our present idiom or rater twixt the Scottish Lairds a degree next beneath Knights among them It was afterward pronounced Lauerd and Louerd as you shall see among other testimonies in this beeing a metricall translation of the first Psalme transcribd out of the whole Psalter so turnd and fairly writen about Edward II. his time as the Character perswades which I haue Some wicked hand by cutting the first Capitall left it thus In Bibliothecâ Bodleianâ Oxonij exemplar Psalmorū huic nostro per
of that famous Rowland nephew to Charles le Magne slain in the battell of Ronciualles and buried at Blauz in Xantogne that he was c Tho. Leodius de Orig. Palat. Primus Comes Palatinus which I interpret the Chiefest Courtier honor'd with the Dignitie of Count. But that other kind of Counts Palatins or Palazins as the old French call'd them were as Chief Iustices and suprem vnder the King for administration of right in which Office I find them not vnder the Empire vntill Charles le Magne in whom the French Empire began For neither the Comes Sacri Palatij spoken of in the Code nor the d Cassiod Var. 7. Form 5. C. L. vinca tit de Com. Tribunis Scholarum Curator Palatij come neer that autority of the Counts du Palais of later time I see none which hath better obseru'd the true nature of them then the learn'd Hierom Bignon in his notes to Marculph where he takes these words of old Hincmar to witnesse Apocrisarius qui vocatur apud nos Capellanus vel Palatij custos de omnibus negotijs Ecclesiasticis vel Ministris Ecclesiae Comes Palatij de omnibus secularibus causis vel iudicijs suscipiendi curam instantèr habebant vt nec ecclesiastici nec seculares priùs Dominum Regem absque eorum consultu inquietare necesse habeant quousque illi viderent si necessitas esset vt causa ante Regem meritò venire deberet What better shews the nature of that Officiarie Dignitie And with this Count du Palais or Count Palatin the Kings of France of the first line vsd also to sit in Iudgement as in a Precedent of that e Ex Chronic. Diminens apud Bignon in Marculph lib. 1. age touching the Abbey of Dijon and thus speaking appears Cum nos in Dei nomine the words are as in the person of King Clothar III. about DCLX Mosolaco in Palatio nostro vnà cum Apostolicis viris patribus nostris Episcopis Optimatibus caeterisque Palatij nostri ministris necnon Andobello Palatij nostri Comite qui de ipso ministerio ad praesens nobis deseruire videbatur ad vniuersorum causas audiendas iustóque iudicio terminandas resideremus c. The King and other great Courtiers sare it seems sometime but the chief autoritie delegat and iudiciarie was in the Count du Palais and before him as Chief Iustice were all suits determined crimes examined the Crown-reuenew accompted and whatsoeuer done which to so great iurisdiction was competent Neither was there it seems alwaies One onely in this Office but sometime more An old f Tabular S. Dionysij apud eundem Monument of Pipin's time hath Vbicunque corum iustitiam inuenimus sicut Principes nostri seu Comites Palatij nostri vel reliqui legis Doctores iudicauerunt And a very ancient g Walafrid Strabo de Reb. Ecclesiastic c. 31. Writer of the midle times Qnemadmodum sunt in Palatijs Praeceptores vel Comites Palatij qui secularium causas ventilant ita sunt illi quos summos Capellanos Franci appellant ' clericorum causis praelati He compares the Counts du Palais for secular busines to Arch-Chaplains constituted in those elder times in the Court for Ecclesiasticall matters They were calld Chaplains Cappellani à Cappa Beati Martini from S. Martin's Hood which as a most precious relique they kept and the Kings ob adiutorium as Strabo's words are victoriae in praelijs solebant secum habere quam ferentes custodientes cum caeteris sanctorum reliquijs Clerici Cappellani coeperunt vocari They much erre which confound the Count of the Palace with the Maire du Maison or Maior Demus This One autority both ancient g Gregor Turonens hist. lib. 9. cap. 30. and beyond exception disproues their coniecture Childebert the first sent into Poiters Florentianum Maiorem Domus Regiae Ranulfum Palatij sui Comitem vt scilicet populus censum quem tempore patris reddiderat facta ratione innouata rè reà dere deberet You see they are expressely diuided by one that liu'd in that age And indeed the Maire du Maison was of farre greater power especially after the time of Clothar III. and rul'd all as i Post Historicorum Turbam consulas Adreuald Floriac de Miraculis S. Benedicti lib. 1. cap. 12. 14. King the King himselfe being rather in Name only then substance a King But the Count du Palais his power was chiefly iudiciarie Neither are they to be admitted which suppose the Seneschall or Grand Maistre to haue succeeded into the Counts Place Both those names haue been in lieu of the Maire and an old k Hugo de Cleerijs de Maiorat Senescalcia Autor of France ioyns the words Maioratus and Senescalcia as synonomies The nature of which Office with enough certaintie the same Autor describs But by reason of the phrases of Regebant Palatium and such like in ancient Monks appli'd to the Maire du Maison diuers good Antiquaries of that Country haue mistaken and thence make a confusion of all these Afterward in the German Empire this Office likewise was And as to some Prouinces were committed for Counties to be gouerned by them yet remaining subiect to the Court-Iustice of the Empire or the Imperiall Chamber as at this day they call it or in such forme that to the Count du Palais might be appeale vpon iudgement giuen by the Prouinciall Counts or their Lieutenants so others were created into the title of Counts du Palais and Comites Palatij in their Territorie or Prouinces so that what autority iurisdiction or Gouernment the Count du Palais of the Court had in the Empire the same should they haue in their Prouinces that is in substance all Royalties For the Count du Palais in the Court bare the Person of the King or Empire Comes Palatinus saith a German l Io. Auentin Annal. Boior 5. Antiquarie vicem Caesaris praesidendo Senatui principali defungebatur fidem imperatoris Implorantibus aderat iusque reddebat Fiscum Augusti praedia Salica Redditus regios procurabat Caesarum censum exigebat Nil citra eius autoritatem Duci Boiariae aut decernere aut statuere licebat Si Senatusconsultum Reguli displicebat â—tercedebat ad Caesarémque referebat In this forme must the name of those which then were specially calld Counts Palatin be deriu'd and from that second kind of Counts du Palais For if from the first and generall name of Palatinus it would follow that euery Count liuing about the King were a Palatin and also that with any regard to a Prouince none could be so titled And thus by the most learn'd Peter Pithou is deduction of the name made To all this well agrees what an ancient m Ioan. Sarisburiensis Epistol 263. quem Consulas licet lib. 6. de Nugis Curial cap. 6. Bishop vnder our Henry II. wrote to one Nicholas then Shirife of Essex Sicut
contraire vel contradicerè creditor potest scilicet ipsum sigillum in Curia recognoscenda suum esse c. The like out of that y 33. Hen. 2. apud D. Ed. Coke in praefat ad lib. 3. Fine in the Countie twixt Walter of Fridastorp and Helias his sonne and Iohn of Beuerley leuied vnder Hen. II. and sealed with the seals of the Father and Sonne Either then the Chronicle of Abingdon misinstructs or els it wills that the Earle of Chester being yet not of the order of Knighthood vsed his mothers seale that is such a one as hers was without difference because perhaps after the order receiud som change was to bee added to his For Du Tillet cites an old iudgment of the yeer M. CCC LXXVI wherin he saith an Esquire dicitur cum Equestrem Ordinem suscipit sigillum mutare But hee speaks it only of Burgundie Others being moud by the Monkish z Chron. Abb. de Bello apud G. Lambard in Itin. Cantij pag. 405. report touching Richard Lucy chief Iustice of England his finding fault with a mean man for vsing a seale vnder Henrie II. think that in those times they were peculiar to men of the greater fashion and that they became common not till about Edward III. Indeed diuers Charters were in the Norman times before that made without seales yet an old * Bracton lib. 2. de acq rer dom cap. 16. §. 12. Lawier vnder Hen. III. requires them as an essentiall part of a Deed. Nor doth any one reason more moue me to beleeu the ancient and promiscuous vse of them here then because for the most part all Nations had them and in their Writings and Deeds in one sort or another vsd them And howeuer a Hist. Nat. 33. cap. 1. Plinie affirms that Egypt and the East were only contented with letters omitting seals yet its certain that the Iews had them and in ancient time often when they made a contract two Deeds were writen one contayning the contract at full with all couenants and conditions which was folded vp and sealed b v. Ierem. cap. 32. Ios. Scalig Elench Trihaeresij cap. 11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tobit cap. 7. with the buyers seale the other containing a generall recitall of what thing only the Contract was and this last was shewd open to witnesses who inscribd their names on the backside of boh That so the Witnesses or standers by might not know the summe time of Redemption or such like yet bee able to iustifie the truth of the instrument comprehending them by the inscription of their names The Seale they calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Deed or instrument writen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sephor which is a book also but the c Elias in Thisbite Rabbins expresse their Deeds Releases Obligations and the like by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Shetar or Setar whence the word Starrum or Starr◠for Acquitances or writen testimonies of Contracts is vsd So must you vnderstand it in that Roll in the Tower of Placita apud Scaccarium Iudeorum de Termino Paschae anno Regni Edwardi nono of Edward the first Salomon de Stanford Iudeus recognoscit per Starrum suum occurres there and an Acquitance or Release by the name of starrum is there d 9. Ed. I. Iudeorum Rot. 4. Pasch. Norff. rot 5. in dors rot 6. Sutht ferè passm in Schedis illis pleded to haue been tried before the Shirife at Norwich by a Iurie of Sex probos legales homines sex legales Iudeos de Ciuitate Norwici and found to haue been the Deed of one Genta a woman Iew of Gloucester whereupon one Alice the widow of Clement of Poringlond was quit against the King then clayming vpon speciall occasions all duties which were owing to the Iews in England The like kind of trials are there in the case of one Eustace of Peccham in Kent of Salomon Bensalomon in Hampshire and diuers others Where by the way obserue it seems the Iews of the Iurie were charged by oth taken vpon the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 e Liber legis i. the books of Moses held in their armes and by the name of the God of Israel which is mercifull with formall additions of words which they vsed as Christians vpon the Euangelists For a Rabbin that l Rabbi Moses Mikotzi in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 praecept 123. liud in time of Henrie III. saies that so was an oth to bee taken by his countrie men although in a iudiciall precedent yet remaining of Constantin Porphyrogennetus he liud about CCC yeers before diuers other and strange ceremonies were to be vsed If you desire them search them where they g In lib. 2. Iuris Graeco Romani are publisht The Romans had their Annuli signatorij and sigillaricij as Uopiscus calls them destinat as well to sealing of writings as vse in the house in steed of locks h Satyr 13. Inuenal Uana superuacui dicunt Chirographa ligni Arguit ipsorum quos litera gemmáque Princeps Sardoniches loculis quae custoditur eburnis What 's gemma Sardoniches but the Seale cut in that stone Of the i Polyb. hist. 6. Graecians as plain testimonie is And of all enough more The seale being a speciall ensigne of credit and therefore so fitly vsd Nec plus habere quam vnum licebat saith Ateius k Macrob. Sat. 7. cap. 13. Capito of Seale Rings and the ancient Roman times nec cuiquam nisi libero quos solos fides decerneret quae signaculo continetur And it s affirmd mongst the Graecians that before the inuention of Seales cut in fit matter the vse was to seale with pieces of wood eaten and gnawen by l Philostephan apud Hesychium in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Is. Tzetz ad Lycophronem wormes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which could not but giue impression and that Hercules first vsd that kind of Seale whence Lycophron hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. a worm-eaten Seale I perswade you not to bee prodigall of your faith to such Grecian coniectures Think of them as they deserue But mongst our ancestors as the king had his Great and lesse or Priuie Seale so at least Gentlemen and their superiors a like distinction A Conisance in the Kings Court anciently shall iustifie it Iohannes de Burgo saith m Hill 44. Hen. 3. Placit ap West Rot. 28. Staff the Roll cognouit quod apposuit paruum sigillum suum cuidam scripto quod fecit Decano Capitulo de n Lichefeild Lichefeud de confirmatione quieto clameo de aduocatione de Herdel apponet sigillum suum magnum praedicto scripto circa tertiam Septimanam post Pascham So much for Seales Among the Reasonable Aides due from Tenants to their Lords one speciall is a faire fitz heire Chiualer to make the Lords sonne and heire a Knight Which is one of
of Lady Madame and Dame with a grant quod nec nos nec Heredes vel successores Nostri de caetero in posterum erigemus ordinabimus constituemus aut creabimus infra hoc Regnum nostrum Angliae aliquem alium gradum Ordinem nomen titulum Dignitatem siue statum sub vel infra gradum dignitatem siue statum Baronum huius Regni nostri Angliae qui erit vel esse possit superior vel aequalis Gradui Dignitati Baronettorum praedictorum And further that after the proposed number of CC. made quod tunc nos non creâ—â—imus vel praeficiemus aliquam aliam personam vel personas in Baronettum vel Baronettos Regni nostri Angliae sed quod Numerus dictorum CC. Baronettorum ea ratione de tempore in tempus minuetur in minorem numerum cedet redigetur Vpon point of precedence a great controuersie grew afterward between these new Baronets and the yonger sonnes of Viscounts and Barons and after the Counsell on both parts three seuerall dayes at large heard by his Maiestie in person it e 28. Maij. 10. Iacobi Regis was decreed adiudged and established that the yonger sonnes of Viscounts and Barons shall take place and precedence before all Baronets And that such Bannerets as shal be made by the Kings Maiestie his heirs and successors vnder his or their Standard displaied in an Armie Royall in open Warre and the King personally present for the terme of the liues of such Bannerets and no longer according to the most ancient and noble institution shall for euer hereafter in all places and vpon all occasions take place and precedence as well before all other Bannerets whatsoeuer no respect being had to the time and prioritie of their Creation as likewise before the yonger sonnes of Viscounts and Barons and also before all Baronets And again that the yonger sonnes of Visconts and Barons and also all Baronets shall in all places and vpon all occasions take place and precedenee before all Bannerets whatsoeuer other then such as shall be made by the King himself his heirs and successors in person and in such speciall case manner and forme as aforesaid And that the Knights of the most honorable Order of the Garter the Priuie Counsellors of his Maiestie his heirs and successors the Master of the Court of Wards and Liueries The Chancellour and vnder Treasurer of the Exchequer Chancellour of the Duchie the chief Iustice of the Court commonly called the Kings bench the Master of the Rolls the chief Iustice of the Court of Common pleas the chief Baron of the Exchequer and all other the Iudges and Barons of the degree of the Coife of the said Courtâ— now and for the time being shall by reason of their Honorable order and employment of State and Iustice haue place and precedencie in all places and vpon all occasions before the yonger sonnes of Visconts and Barons and before all Baronets any custome vse ordinance or other thing to the contrarie notwithstanding But that no other person or persons whatsoeuer vnder the degree of Barons of Parliament shall take place before the said Baronets except only the eldest sonnes of Viscounts and Barons and others of higher degree whereof no question euer was or can bee made And in the same Decree his Maiestie further granted to knight the present Baronets which were then no Knights and that the heires males of the bodie of euerie Baronet hereafter when he shall be of XXI yeers Vpon knowledge thereof giuen to the Lord Chamberlaine of the Houshold or Vicechamberlaine for the time being or in their absence to any other Officer attending vpon his Maiesties person shall be Knighted by his Maiestie his heirs and successors And that the Baronets and their descendants shall and may beare either in a Canton in their Coat of Armes or in an Inscutcheon at their election the Armes of Vlster that is a field Argent a hand Gueules And also that the Baronets for the time being and the heirs males of their bodies shall haue place in the Armies of the Kings Maiestie his heirs and successors in the grosse neer about the Royall Standard of the King his heirs and successors for the defence of the same And lastly that the Baronets and the heirs males of their bodies shall haue two assistants of the Bodie to support the Pall a Principall Mourner and foure assistants to him at their funeralls being the meane betwixt a Baron and a Knight I haue transcribed this because out of it may be collected somwhat touching other Dignities and although a Baronet being a descendible honor is not properly mongst Knights yet because by the Decree a Knighthood is so due 〈…〉 it I shall not be much subiect to error of method for putting it here as occasion also was offerd Those of the BATH were anciently mongst the old Franks Prisci Franci saith f Idem mos in Hispanis olim Hieronym Roman apud Menen in Equest Ord. vbi de Banda Ad equestâ—em dignitatem veteres ritus solennes reuocasse Franciscum 1. Galliarum Regem scribit Hadr. Iunius in Batauiae cap. 19. Du Tillet ceremonias instituendis Equitibus multas adhibuerunt vt prius vigilarent diu Balneisque alijs rebus vterentur Quarum ceremoniarum vsus memoria nostra perstat in Anglia vbi viros eiusmodi vocant Balneorum Equites The eldest creation of them mongst vs rememberd is at the Coronation of Henrie IV. for to talk of Iulius Caesar's knights of the Bath is the worst of what is ridiculous Hee then in the Tower made XLVI and at Coronations Royall Marriages Christning or Knighting the Prince and such like were wont many to be made The particulars of the more ancient forme of Creation are at large by others g Segar Honor Milit. lib. 2. cap. 11. deliuerd and I had rather refer you to them then transcribe so much In these times the chief ceremonies are not much differing from the old that such as out of the fairest flowers of Nobilitie are to be thus honord the h Camd. in Ord. day before the creation heremit-like in ashcolour robes in a hood and a linnen cap and booted go to Praiers there to offer themselues first to God then attended euery one by two Esquires and a Page remember here the Trimarcisia which we speak of out of Pausanias they sup together Thence into a chamber Where euerie one hath his bed furnished with red Couering charged with his Armes and by his bathing Tub couerd with linnen clothes In this after some deuotions they wash themselues Next morning they are raised with Musique Then the Constable of England the Marshall and others hereto by the King appointed giue euery of them his oth binding him to the specall honor of God his Church and the King and to the defence of Widows Virgins Orphans Then vsherd by the Kings Musicians and Heralds they go in their Heremit-like weeds to Morning Prayer whence they