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
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.
with doubt that before Henry III. as well Barons * v. Camdeni Northumbriam of Earls if of like worth as the Kings Barons came all to Parlament For not only the Counts Palatine had their Barons to attend on them in their Courts whereof see the learned Clarenceulx in his Cheshire But also other Earls and by that name Willielmus Comes Glocestriae Dapifero suo Omnibus Baronibus suis hominibus Francis Anglis salutem saith a Deed in my hands of William Earl of Glocester vnder Henry II. And nothing is more common in old Charters of Earls of those times then Omnibus Baronibus Militibus Hominibusque meis which I would translate to all my tenants of whole Baronies to all such as hold of mee by Knights seruice and to my other Tenants Neither was the title of Prince due to any by ancient opinion which had not some Barons vnder him Yet Earls and all aboue them are cleerly Princes Therefore in the r Th. de Walsingham A. 1278. Concord twixt Lewhelin Prince of Wales and Edward I. fiue Barons about Snowdon and their Homages were reseru'd to Lewhelin quia se Principem conuenienter vocare non posset nisi sub se aliquos Barones haberet ad vitam suam And the King had Barones suos so distinguisht An old s Placit apud Theokesb coram W. de Ralegh ante Pentecost 18. Hen. 3 rot 1. in dors Sussex Record Dominus Rex mandauit Petro de Riuallis quod mitteret ei Willielmum Filium Heredem Iohannis de Breuse eo quod debuit esse Baro suus Homo suus ad Nutriendum in Domo sua And Barones Regis ipsius Archiepiscopi atque illorum Episcoporum homines multi are rememberd in an old plea t In praefat D. Ed. Coke ad Commentar 9. vnder the Conqueror between Lanfrank Archbishop of Canterburie and Odo Bishop of Bayeux Therfore in the Graund Charter you read Si quis Comitum vel Baronum nostrorum siue aliorum tenentium de Nobis c. because then were ther diuers Barons which were not immediat Barones Regis yet at that time perhaps Parlamentarie where also is confirmd that value of a Baronie at CD Marks yeerly reuenue the Relief of the Kings Baron beeing by ancient custom of England C. Marks For the Relief is alwaies in the Dignities of this State the fourth part of the Reuenue as euery yong Student knows and is toucht in the Chapter of Counts Yet note that as touching Barons and Counts that custom was not till K. Iohn when the Grand Charter was first made or K. Henry III. his time For De Baronijs saith u Ita etiam Geruas Tilburiensis in Dialog de Scaccario Glanuil writing of Reliefs vnder Hen. II. nihil certum statutum est quia iuxta voluntatem misericordiam Domini Regis solent Baroniae Capitales de Releuijs suis Domino Regi satisfacere Where obserue the distinction of Baroniae Capitales from such as were of like possessions but Tenants and Barons to subiects And it might be collected that vntill by this proportion of Relief brought to a certaintie and grounded vpon the value of a Knights fee the Relief whereof was by Common law certain the distinct number of Knights Fees for a Baronie was not vsed I am as yet of that opinion Yet such as neither held XIII Knights Fees and a third part of the King or any other were notwithstanding and by reason of their Dominion and Lordship titled in those times Barons that is euery Lord of a Mannor whence as before is said the name of Court Baron remains For in the x 9. Rich. 1. Houed part post sol 442. 443. report of the Aid and Hydage granted to Richard 1. the order was that the Collectors should cause to come before them Senescallos Baronum illius Comitatus de qualibet villa Dominum vel Balliuum Uillae and that for the leuying of it quilibet Baro cum Vicecomite facerct districtiones super homines suos And thus were there in those times three sorts of Barons by Dominion and Iurisdiction Barones Regis whose Baronies were Capitales The Barons of Subiects holding not of the King but by a mesnalitie and both Parlamentarie if possessing XIII Knights Fees and the third part but a third rank of such as were Lords of Mannors but not of so large possessions or Reuenue Out of this may be vnderstood why and in what sense Baronagium Angliae Rex Baronagium suum and sine assensu Baronagij sui or Barnagij sui so often occurre in our old stories taken as well for the King and the whole State somtimes as for the Greater Nobilitie For although Counts had not then their speciall creations into Barons as of later time yet hauing their Reuenue of CCCC pounds they were Comites or Comitum Pares and so the lest value which was the possessions of the Baron the lest of the Greater Nobilitie being so many Marks that all might be comprehended the generall name of Baronagium somtimes Barnagium was applied and in that kind by the name of Baronie one anciently y Gower prolog in Confess Amantis speaks of the whole Nobilitie The Priuiledge of Regalie Was safe and all the Baronie Worshipd was in his estate and. an old z Chez Cl. and Fanchet d Orig. liure 2. chap. 5. Romant of the French De Courtoise de Bernage Ot il assez en son courage Where Bernage for Baronage is taken saith Fauchet for Noblesse perhaps rather for Humanitie But somtimes Rex Baronagium suum is for the King and all his subiects or the whole Parlament representing them And so it comes from Baron as it interprets a Man or Tenant as if you should say Rex Homines sui Out of this discourse is vnderstood also why euery Lord of a Mannor hath his Court Baron and why our Plea in the Common-law of Hors de son Fee is exprest in a Mich. 5. Ed. 2. fol. 66. Ms. Int. Temp. Biblioth Cas. VValton Covvike ancient time by Hors de Vostre Baronie and how a Tenure per Baroniam might then bee of a subiect as also what is b West 2. cap. 46. v. 23. Ed. 3. fol. 11. Cas. 9. tenere per Baroniam per partem Baroniae and what the demanding of a Baronie by Writ in our year-books is whereof examples are 1. Ed. 3. fol. 9. b Louedayes assise 18. Ed. 2. tit Assise 382. 2. Ed. 3. fol. 6. b. and such more and how the Tenures of all Baronies were in c Case Seigneur Cromvvell Report 1. fol. 81. Chief if you vnderstand as you must the Regiae or Capitales Baroniae Of these it seems was that number of CCL which Henrie III. reckond in his Deuotions at S. Albons Nominauit saith Matthew d Paris Dominus Rex numerauit omnes Angliae quarum ei occurrit memoria Baronias inuenitque Ducentas
Aeneidos 8. Polybium lib. 6. alios pugnare cum hostibus lawfully fight with the enemie But these religious solemnities wore away in ancient time It grew afterward fashionable for one King to send his sonne to another to take the Order vt acciperent Arma Militaria or Virilia as the Monks vsually expresse it Which well agrees with that of the Longobards before mentioned Examples of that kind both here in Scotland elswhere are enough frequent So one King of another as in that of Alexander III. of Scotland He married the Lady Margaret daughter to to our Henry III. The Nuptials being celebrated in Christmas at York the King of England Knighted his Royall sonne in law with twentie more Where the Earle Marshall of England as an ancient right of his Place requird the King of Scotland's Horse and Furniture for his fee which although in those times it seems i Statut. West 2 cap. 46. De Marescallis the Earle Marshall had at the Knighting of any Baron or superior Nobleman as also at the Homages done by any such either Secular or Religious yet it was answerd that from the King of Scotland no such fee was due because hee might haue took the Order of any other Catholique Prince or at his pleasure of any of his own subiects of his Nobilitie Responsum fuit saith the k Matth. Paris 35. Hen. 3. Storie quod Rex Scotiae tali non subiacet exactio 〈…〉 quia si placeret ei potuit ipsa Arma suscipere a quouis Principe Catholico vel ab aliquo Nobilium suorum Sed ob reuerentiam honorem tanti Principis Domini ac vicini sui ac soceri tanti mallet ab ipso Rege Angliae Cingulo donari Militari quam aliquo alio Et sic praecipiente domino Rege in totum die festo omnimoda lis conquieuit And for that of the King of Scotland his saying that he might haue took it from a subiect of his own its true and so in our State some of our Kings haue receiud it Henry VI. was Knighted by Iohn Duke of Bedford and Edward VI. by Edward Sâ—imer then Earl of Hertford and the like many more occurre Nay in those ancienter times Earls which were then the greatest Nobles vnder the King and Prince had a power of Knighting Vnder Hen. III. the Earle of Glocester made his brother William Knight at a Tourneament So did Simon of Montfort Earle of Leicester Gilbert of Clare Some l Tillius de Reb. Gallic 2. like examples haue been in France And Los Caualleros vassallos de los Ricos hombres i. Knights made by the Ricos hombres anciently in Spain they were neer as Barons in other places are rememberd by m Apud Fr. Menenium ex P. Salanoua alijs Spanish Antiquaries And against the Scotish Expedition Prince Edward of Caernaruan first Knighted by his father Edward 1. made diuers Knights of his own autoritie at Westminster by girding with the sword But such also as were neither Princes nor Earles and that without any Regall autoritie transferd for if so it were not worth obseruation about the raigns of our first three Edward's somtimes made Knights in the Warres Dominus Iohannes filius Thomae say the n A. 1313. 1314 1316. 1318. Annals of Ireland fecit Milites Nicolaum filium Mauritij Robertum de Clonhull apud Adare in Momonia So Edmund le Botiller afterward Lord Deputie made XXX Knights at Dublin And Richard of Bernimgham for the good seruice that one Iohn Husee had done in the Irish warres gaue him amplas terras fecit illum Militem vt benè meruit And by the same autoritie Uenit Dominus Rogerus de Mortimer Dubliniam fecit Dominum Ioannem Mortimer Militem cum quatuor socijs And indeed this Roger of Mortimer was then as Lord Deputie of Ireland and might the better do it And in one of our yeer-books o Thirning 7. Hen. 4. fol. 8. Voyes Froissart â—ol 1. fol. 185. a Iudge on the Bench relates thus I haue heard saith he that a Lord had issue a sonne and carried him to the Font and presently as soon as he was baptized took his Sword and made him a Knight saying Be a good Knight if you can for you shall neuer be good Esquire It was a prerogatiue it seems anciently challenged by such as were themselues Knights For William of Badensel a German Knight at the Sepulchre made two by his own report Supra Sepulchrum Christi saith p Guil. de Badensel Hodoe-Poric in Terram Sanctam he pulchram feci de Resurrectione Domini missam celebrari aliqui de meis socijs Corpus Christi deuotè susceperunt Pâ—st Missam feci Duos Milites Nobiles supra sepulchrum gladios accingendo alia obseruando quae in professione Militaris Ordinis fieri consueuerunt This was in M. CCC XXXVI Now none but the King or one as his Lieutenant authorized giues this Order neither is it done by girding with the Sword but the deseruing kneels and a Sword is laid or slightly strook on his shoulder by the king vsing this French q Smith Rep. Angl. 1. cap. 17. Soiz Cheualter au nom de Dieu and then Auancez Cheualier This Ceremonie alone giues the Title of Eques Auratus that of Auratus comming from their right of wearing guilt spurres which hath been also a knights speciall ornament And vnder Edward II. Richard r Anonym Chron. apud Millium of Rodney was knighted by being girded with a Sword by Almaricus Earle of Penbrok and hauing one Spurre put on by the Lord Maurice of Barkley the other by the Lord Bartholomew of Badilsmere That striking with the s Tillius de Reb. Gallic 2. Sword hath been anciently the vse of the Empire and when Sigismund knighted Signell a French Gentleman in France to honor Signell with that name the want whereof was obiected to him in a Controuersie twixt him and Pâ—stellan hee did it by such striking of him kneeling and giuing him one of his gilt spurres and girding him with a girdle that had hanging to it in stead of a sword a great knife And this was done in France neither Contra maiestatem aut ius Regis saith du Tillet tentatum est quia ex Iure consultorum sententia Equites vbique in Imperio in alieno dominatu institui possunt For Creation of a knight thus much and as euery child knows in personall Creation only the being of knighthood is neither hath any man it otherwise Infanciones saith one t Mich. Molin ap Mennenium of Spain and Infancio is their hijdalgo i. a Gentleman perhaps from the German or Gothique Edeling or Etheling nascuntur apud nos Milites verò fiunt which you may applie to all States In elder times it was prouided in the Empire France and Spain that none should receiue this Order except hee were before in some degree of Ciuill Nobilitie A
〈◊〉 〈◊〉 〈◊〉 〈◊〉 which Gothofred interprets by Biscuit But I haue not yet perswaded my self to consent with this learn'd Bertrand nor yet to beleeu that I know the true etymon of Bachelor Other coniectures are of it but none that I dare relie on The name is occurring in old Storie as Chiualeirs ieunes Bachelers and Banniers and Bachiliers for Bannerets and Bachelers in Froissart and some passages in Adam Myrimoth and others In no ancient Nation almost hath been wanting some honor proportionable to this of Knighthood Of the Romans and Grecians something alreadie The Carthaginians vsd for euery Militarie voyage to giue him that had gone a t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ring Euery man mongst the Macedonians vntill he had slaine an enemie went girded with a u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Halter And no Scythian x Herodot hist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aristot. Politic. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 〈◊〉 vbi exempla caeteâ—a might drink of a specially honored cup mongst them vntill hee had embru'd himself in an enemies bloud Next of their Degradation The form of that will best appear in examples First of Sir Andrew Harkley vnder Edward II. made Earl of Carliel and soon turning traytor The King sent his Commission to Sir Anthony Lucy a Knight of that Countrie to arraign him The Acts and words of Sir Anthony in this businesse the rather because the degradation from another Dignitie is included in them out of an old y Fruct Temp. Caxton Ms. English Chronicle I thus transcribe to you The same Andrew was take at Cardoill Carleill and lede vnto the Barre in manner of an Erl worthyly arrayede and with a swerd gert aboute him and hosed and spored Tho spake Sir Antonie in this mannere Sir Andrew quoth he the Kinge dede vnto you much Honor and made you Erle of Cardoill And Thou as a traytor vnto thi Lorde the King laddest his people of this Countrie that should haue holp him at the battaille of Beighland away by the Countrie of Copeland and thorugh the Erldome of Lancaster Wherfore our Lorde the Kinge was scomâ—ited there of the Scottis thorugh thi tresoun and â—alsenes and if thou haddest come betymes he had hed the maistrye And all that tresoun thou dedest for the somme of Gold and Syluer that thou vnderfeng of Iames Duglas a Scotte the Kinges enemie And our Lord the King is will is that the ordre of Knighthode by the which thou vnderfeng all in honor and in wurshipe oppon thi body ben all brought vnto nought and thi State vndon that other Knights of lower degree now after the be ware the which Lorde hath the auanced hugely in diuerse Countrees of England and all now take ensample by the * Their. here Lorde afterward for to serue Tho commanded he a knaue anoon to hewe of his spores of his heles And after he lete breke the swerd ouer his heed the which the Kinge him gafe to keepe and defende his lande therwith when he made him Erl of Cardoill And after he lete him vnclothe of his Furred Taberd and his hoode and of his furred Cotys and of his gyrdell and when this was done Sir Antonie said him Andrew quoth he now e rt thou no Knight but a knaue And so gaue iudgment on him that hee should be drawn hangd and quarterd and his head set on London Bridge which was executed Walsingham in his Ypodigma remembers this but briefly And one addeth that he was a Th. Auensburie apud Camden in Brigant Calceis Chirothecis exutus also Some difference is in that of Sir Ralph Grey condemnd of Treason by the Earle of Worcester high Constable of England vnder Edward IV at Doncaster The b I. Stow. preamble of the iudgment was thus Sir Ralph Grey for thy treason the King had ordained that thou shouldest haue had thy spurs striken off by the hard heels by the hand of the Master Cooke who is here readie to do as was promised thee at the time that hee took off thy spurrs and said to thee as is accustomed that and thou be not true to the soueraigne Lord hee shall smite off thy spurrs with his Knife hard by the heeles and so shewed him the Master Cook readie to doe his Office with his weapon and his Knife Of this more where wee speak of the Order of the Bath Moreouer Sir Ralph Grey the King had Ordeind here thou mayest see the Kinges of Armes and Heralds and thine own proper coat of armes which they should teare off thy bodie and so shouldst thou as well be degraded of thy Worship Noblesse and Armes as of thy order of Knighthood Also here is another coate of thine Armes reuersed the which thou shouldest haue worne on thy body going to thy death-wards for that belongeth to thee after the law Notwithstanding the disgrading of Knighthood and of thine armes and Noblesse the Ring pardoneth that for thy noble Grandfather who suffered trouble for the Kings mâ—st noble predecessors And then hee gaue c De Degradatione Militum consulas licet Segarum lib. 2. cap. 4. huc non libuit transferre iudgement on him For a Corollarie to our Knights I adde that of Iehan le Breton in his Chapter De appels de Mayhems speaking thus in the Kings person Ascuns trespasses sont nequedent pluis punnissables sicome trespas fait en temps de peas a Chiualers au a autres gentz Honorables par Ribaus par autres Viles persones en quel cas nous volons que si ribaud soit atteint a la suyte de chescum Chiualer qu'il eit seru par felonie sans desert de Chiualer que le Ribaud perd son poin d' ont il trespassa That a base fellow should loose his hand for striking a Knight excepted in time of Ioustes or Torneaments Of other particular attributes to Knight by reason of distinct orders presently after we haue first spoken somwhat of Esquire That name challenges the next place here although not by precedence yet because it is not so peculiar to certaine time or place as the Orders and no more then the generall name of Knight Escuyer Scutifer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Armiger Attendance by Esquires on the ancient Gaulish Knights Schilpor Shield-knapa Knaue Grand Escuyer Tzaggae Fiue ranks of Esquires When in England it began to be honorarie The Collar of S.S. How Armiger became significant as in our daies Peers Lex terrae and Amittere legem Terrae Exposition of gents de lour Condition in the Statut de Proditoribus Richard Earle of Cornwall brother to Hen. III. would not acknowledge the English Barons his Peers Triall by Peers Amerciament by Peers How a Bishop partakes of the prerogatiues of the greater Nobilitie Pares Curtis Douze pairs du France Their iustitution Patricius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 giuen to Ioseph by the Egyptians CHAP. X. AS most other Dignities had their beginning out of some Officiarie performance
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
II chap. I. the Bishop of Rennes with a Crown d' or a haults fleurons d'un Esgale hauteur qui estla Corone Royall For indeed the Royall Habiliments remaind there to the Dukes But those ancient Dukedoms or Counties being too great in Soueraintie for a subiects hand haue by litle and litle been reunited to the Crown as Champagne Brie Bretagne Normandie and the rest like not without much desire and policie of the succeeding French Kings Neither would they euer make any new inuestitures with those ancient Royalties Neither is there one of those so Kingly Dignities yet vnder the French Empire which hath not been drownd in the Crown either by marriage Treason committed or some such cause But they haue created a new Forme both by giuing Appenages to the yonger sonnes as also Dukedoms and Counties to others reseruing alwaies ressort souueraintee as they call it that is their Royalties for receiuing appeals and supremacie of seigneurie and withall in the Appenages the reuersion to themselues in default of heires masles which by an Ordinance of Charles the ninth was extended to all other Dukedoms and Counties in future time to be erected Wherfore the Dukes and Counts at this present and of this later creation in France haue no other marke ot participation of Souuerainty but only in that they beare as L'Oyseau saith la Corone au tymbre de leurs armoiries And are not Seigneurs Souuerains but Suzerains Neither haue they now the Crown as a part of their habit but a formalitie only on their Armorie Ils ne portent pas en teste à present qu'ils ne sont plus que simples seigneurs suzerains ne leur estant aussi plus concedée a present en leur inuestiture partant ils ne l'ont plus qu'en peinture au tymbre de leurs armoiries si ce n'est qu' ils soient Princes Souuerains auquel cas ils la pourroient porter en teste But whereas hee vpon a passage in Uillhehardouin thinks that the Crowns of the first kind of Dukes were not very ancient I rather ghesse them to be at least as ancient as neer som c. yeers from the beginning of the third line For about that time in the Constantinopolitan Empire vnder Alexius Comnenus when the new titles of Sebastocrator and the like were inuented he honord both the Sebastocrator who was then at first apparant successor with a Crown as also the Caesar being the next title to the Sebastocrator 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith his a Anna Comnen Alexiad 3. Daughter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. In a publique Session hee commanded that they should be crowned both the Sebastocrator and the Caesar with Crowns differing much in worth from that which he himself was crownd withall The Sebastocrator's perhaps was then as the Despot's afterward Of that in the first chapter of this book And the Caesar's as the Sebastocrator's in later time Obserue but the succession of one of these titles into anothers place whereof already and you may agree to the Coniecture The Sebastocrators appears in the Emperor b Curopalat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cantacuzen's inuesting his wiues brothers Manuel and Iohn with that Dignity and giuing them Crowns 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as my autor saies 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. hauing before only one Arch. And it will not be absurd to think that in imitation of those Eastern Princes the custom of bearing Crowns by such as were inuested in so great Honors came into these Eastern parts What communitie then was twixt the Eastern Western States euery man knows that hath read the Holy warres of that age Som of the French deriue their word Appenage from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 expressing in the Eastern Sacred Du Haillan liure 3. Empire the sacred habitude twixt the Soueraigne and Suzâ—raine Why might not imitation of their habits bee as well as of their language It s more anciciently noted of Charles the d Annal. Incert Aut. sub A. 876. Edit a Pithoeo Bald K. of France that he too much imitated the Constantinopolitan Emperor and how that age about Alexius his time generally affected Helleâ—â—sine and such words of Greek as they could get them is apparant in the Monkish stories then writen in ancient Charters and other examples infinit And afterward in the Charter of the Black Prince his creation into Duke of Cornwall vnder Our Edward III a meer Greek word is inserted by the characters of intimos misprinted in the Princes case Rointimos which is plainly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. honorificè or such like and could not but ridiculously bee vsd now for Latine Neither can their Crowns anciently bee so much imputed to their then possest Souerainty For then why did our e Coronâ cinctus 1. de Eltham Comes Cornâ—bâ—ae F. Edvv. II. VVestmonasterij Sepultus Earles before any Dukes made in England weare any such Crowns and meerly such as are now Ducal They were not Soueraigns more then their posterity at this day Or why had both our Dukes Marquesses and Earls afterward Crowns to their Creation and as ornaments fiâ—ting their heads not imaginarie only or formaâ—l vpon their Armories But for an example of the ceremonie belonging to those ancient Dukes in France take this of our King Iohn Duke of Normandie Accinctus est as Roger of Houedens words are gladio Ducatus Normanniae in matrici ecclesia he means at Rouen per manum Walteri Rothomagnesis Archiepiscopi praedictus Archiepiscopus posuit in Capite Ducis Circulum aureum habentem in summitate per circuitum Rosas aureas which Matthew Paris and the Annals of Ireland call rosulas aureas artificialitèr fabricatas When it first began in France to bee a speciall and distinct title from Count is diuersly affirmd But they most truly deliuer that suppose it first proper to the Dukes of Bretagne To Iohn the second Gouernor of that Territorie the Charter of Philip le Beau dated in M. CC. XCVII thus grants f Exstraict du lett de Pairrie chez Berttand d'Argentre hist. de Bret. liure 4. chap. 31. Belleforest liure 4. chap. 43. Ducem ipsum qui Comes fuit aliquando nostris vocatus in literis Ducem fore Terram Britanniae Ducatum existere ipsúmque Ducem in posterum deberi vocari autoritate regia ex Certa scientia declaramus tenore praesentium confirmamus This Iohns predecessors being before vsually known by the indistinct name of Dux and Comes Britanniae of whose equiualencie in ancient time alreadie Yet so that the Title was distinctly affected by them before this time Witnesse their Monuments deliuerd in Bertrand d'Argentre and specially the title of our old Earls of Richmond being also Dukes there For in a Charter which I haue of Geffrey Plantagenest sonne to Henry II. beeing possest of both those Territories made to one Richard the sonne of Reiner and his heirs of Tronagium Pesagium de Nundinis meis Sancti
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
Richmond by the name of Omnes Villas Terras quae nuper fuerunt Comitis Eadwini in Eborashira cum feodis Militum alijs libertatibus consuetudinibus ita liberè honorificè sicut idem Eadwinus eadem Tenuit But in the Book of Domesday and long after you shall often meet with the Christian name and Comes without any addition as Comes Alanus Comes Rogerus Comes Hugo and the like although the Dignitie was euer then giuen with a Territorie in which the third part of the Kings profits of the Shrifewike was assign'd to the Earle and that Territorie was as the second name or surname of the Earle as at this day which is exprest in that speech had twixt Maude or Mabile daughter to Fitzhaimon and Henry I. touching hir marriage with his base sonne Robert afterward Earle of Glocester Because the storie is rare and the Autor neuer yet publisht I will aduenture to giue it the Reader whole for a monument worth receiuing It s thus described in old English rymes by Robert of Glocester He sede that e Shee should heossolde f His sonne is sone to hir spausing anonge This mayde was theragen and withsede it longe The King of soght hir suithe ynou so that atten ende Mabile him ansuerede as gode maide and hende Sire he◠sede wel ichot that youre herte vpe me is More vor mine heritage than vor mi sulue iwis So vair eritage as ich abbe it were me gretssame Uor to abbe an louerd bote he adde an g Two names to name Sir Roberd le Fiz Haim mi fader name was And that ne might nought be his that of his kinne nogth nas Theruore sir vor godes loue ne let me no mon owe Bote he abbe an two name war thoru he iknowe Damoysele quath the King thou seist wel in this cas Sire Roberd le Fiz Haym thi fader tuo name was And as vaire tuo name he ssal abbe gifme him may bise Sire Roberd le Fiz Rei is name ssal be Sire quath this maide tho that is a vaire name As wo seith al is lif and of gret fame Ac wat ssolde is sonne hote thanne and other that of him come So ne might hii hote noght wereof nimeth gome The king vnderstood that the maide ne sede no outrage And that Gloucestre was chef of ire heritage Damaisele he sede tho thi Louerd ssal haue a name Uor him and vor is eirs vair without blame Uor Roberd Erl of Gloucestre is name ssal be and his Uor he ssal be Erl of Gloucestre and is eirs iwis Sire quath this maide tho wel liketh me this In this forme icholle that al mi gode be his Thus war Erl of Gloucestre first ymade there Ac this Roberd of alle thulke that long biuore were This was h Eleuen An. 1109. 9. Hen. I. endleue hundred yer in the nith yer right After that vr Louerd was in is moder ahight How much the hauing a surname was then respected is hence to be obseru'd which in those daies and long after was either from some personall note or posset Territorie Although also the Earles of ancient Families and names vsd them both and not onely the Christian name as now so is Simon of Mountford Corle on Leirchester for Leicester witnesse to an old English Charter of i Pat. 43. Hen. 3. memb 15. Henry the third and other like The ancientest precedent of Creation in expresse termes which our great Antiquarie and Light of Britaine could euer find is that of Mandeuill's being made Earle of Essex by Maude the Empresse Thus it speaks Ego Matildis Filia Regis Henrici Anglorum Domina do Concedo Gaufredo de Magnauilla pro seruitio suo haeredibus suis post eum haereditabiliter vt sit Comes de Essexia habeat tertium Denarium Vicecomitatus de placitis sicut Comes habere debet in Comitatu suo in omnibus rebus So was Richard de Reduerijs made Earle of k Ex Regist. Monast Fordens ap Camd. in Danmonijs Deuonshire with a grant of the third part of the Counties profits arising out of the Shierifewike by Henry the first hir father and Hugh le Bigod Earle of Norfolk by Henry the second This Hugh and his posteritie during the Raigns of this Henry Richard I. Henry III. and till XXX of Edward I. enioy'd the yearly reuenue of XXXIV l Rot. Parl. 3. Hen. 6. art I. vbi magna illa inter Comites Marescallum Warwicensem controuersia de locorum praerogatiua VI. s. VIII d. Vt pro tertio Denariorum Comitatus Norfolciensis vt pro nomine Comitis eiusdem Comitatus as the l words of the Record are But Roger le Bigod Earle of Norfoolk vnder the first Edward surrenderd his Earledom to the King A president in matter of Honor not obuious therefore you wish perhaps to heare it Sciatis nos reddidisse remisisse omnino quietum clamasse pro nobis haeredibus nostris Magnifico Principi Domino nostro Karissimo Domino Edwardo Dei gratia Regi Angliae illustri quicquid Iuris Honoris dominij habemus nomine Comitis in Comitatu Norfolciae Marescalcia Angliae Habendum Tenendum eidem Domino Regi haeredibus suis eum omnibus singulis ad ea qualitercunque spectantibus quocunque nomine censentur quieta denobis haeredibus nostris in perpetuum Ita quod nos vel haeredes nostri seu aliquis nomine nostri nihil luris vel clamij in eisdem aut suis pertinentijs quibuscunque de caetero vendicare poterimus vel habere In Cuius Rei testimonium Sigillum nostrum huic scripto duximus apponendum His Testibus Domino Iohanne de Langton Archiepiscopo Canturtensi Cancellario Angliae Rogero le Brabazon Iustictario Domini Regis Iohanne de Dokensford c. But withall obserue what the most learned Clarenceulx hath out of the Historie of Canterbury touching this Surrender Edward II. afterward reciting this Surrender of Bigod grants the Honor and Marshalsie to his Brother Thomas of Brotherton in Taile with like maner of Rights in euery kind as Bigod had it who enioyd also the same sum of XXXIV l. vj sh. viij d. as the third of the Shrifwik Yet remember that such a sum could not be as taken for the value of the Earldom nor in it did the Earldom consist For the true value of an Earldom was accounted CD Pounds yeerly reuenue as you may see in the Grand Charter where the Earls Reliefe is C. Pounds the Reliefe being alwaies the fourth part of the Dignities supposd Reuenue And therefore according to that proportion a c Ista adnotauit Iuris nostri Columen U. Illust. D. Ed. Coke part 9. fol. 124. Duke although this law of Reliefe was before we had any Dukes being accounted by the double worth of an Earle paies CC. pound Reltefe And a Marquisat reckond at
the double value of a Baronie a Baronie was CCCC Marks yeerly paies CC. Marks Reliefe But that diuiding of the Profits with the King was vsuall in those ancienter daies And thence one that d Geruas Tilburiens Dialog de Scaccario wrote vnder Hen. II. conceiues the name of our Counts Comes est saith hee qui tertiam partem porcionem eorum quae de Placitis proueniunt in Comitatu quolibet percipit Summa namque illa quae nomine Firmae requiritur à Vicecomite tota non exurgit ex fundorum redditibus sed ex magna parte de Plaeitis prouenit horum terriam partem Comes percipit qui ideo sic dicitur quia Fisco socius est Comes in Percipiendis I cannot allow of his deriuation And indeed he might haue known that when they were not alwaies calld Comites but Duces and Consules this receiuing of the third part was in vse In that which we now call Domesday made and collected vnder William I. occurrs concerning Ipswich Regina Edeua II. partes habuit Comes Guert Tertiam And of Norwich Reddebat xx libras Regi Comiti x. libras And of Lewes in Sussex Erant II. partes Regis Tertia Comitis and all plainly is spoken of Times before the Conquest But all of them had not this Third part but such only quibus Regum munificentia as Geruase of Tilburies words are obsequij praestiti vel eximiae probitatis intuitu Comitem sibi creat ratione Dignitatis illius haec conferenda discernit quibusdam hereditario quibusdam personaliter Neither was this diuision only with vs. Otho of e De gest Frederic 1. lib. 1. cap. 3. Frisinghen speaking of Hungarie in his age Hinc est vt cum praedictum regnum per IXX. vel amplius diuisum sit Comitatus de omni iustitia ad Fiscum Regium Duae lucri partes cedant tertia tantum Comiti remaneat which is also the right of some Vicounts in France As they had this third f Charles L'oyseau des Mediocres seig cap. 7. §. 19. part of the Shriswike so in the Shires of which they were Earles it seems they had a kind of power of constituting Laws For time after the Norman inuasion William of Malmesburie mentioning William Fitz. Osbern made Earle of Hereford vnder the Conqueror saith Manet in hunc diem in Comitatu eius apud Hereforedum Legum quas statuit inconcussa firmitas vt nullus Miles pro qualicunque commisso plus septem solidis soluat cum in alijs Prouincijs ob paruam occasiunculam in transgressione praecepti herilis viginti vel viginti quinque pendantur Of the same nature are examples in the Constitutions of the old Earls of Cornwall and such like And in those times their denominating Territorie had a much different relation to them from what this later age vses For then was that alwaies accounted as their speciall possessions and they had g Rogerus de Houeden in Iohanne R. adminstrationem suorum Comitatuum and their largest Reuenue was in the same Shire beside their third part of the Shrifewike Which from no better autoritie is to be collected then the doubt arising vnder Hen. III. Whether an Earl might be lawfully sommoned in any other Countie then that whereof he was Earle For then was Iohn surnamd the Scot Earle of Chester and Huntingdon su'd in a Writ of Right of Rationabili parte for part of the possessions of Ranulph of Blundeuill his ancestor Earle of Chester in Northamptonshire and there as law now cleerly requires sommond to the sommons and laying of the Writ hee first excepts vpon the reason of his not being sommond in Huntingdon but yet was put to answer It may be the h In Fragmentis Temp. Hen. 3. quae Archiuo arcis Londinensis seruantur Orta est autem lis ista in 18. Hen. 3 quod satis constat ex Placit 18. Hen. 3. rot 14. record transcribed will be so acceptable that I may well insert it I will so Northt Iohannes Comes Cestriae Huntingdoniae summonitus fuit ad respondendum Hugoni de Albiniaco W. Comiti de Ferrarijs Agneti vxori eius Hawisiae Comitissae Lincolniae quare deforciat eis rationabilem partem suam quae eos contingit de haereditate Ranulphi quondam Comitis Cestriae vnde ipse obijt seisitus in Comitatu Cestriae computa cum eisdem Hugone Willielmo Agnete Hawisia parte sua rationabili de terra quam nunc tenet alibi de eadem haereditate Et Comes alias respondit quod noluit respondere ad hoc breue nisi Curia considerauerit consideratione Parium suorum per Summonitionem factam in Comitatu Northamptoniae de terris tenementis vel Comitatu Cestriae vbi Breuia Domini Regis non currunt Et quia vsitatum est hucusque quod Pares sui alij qui libertates habent consimiles sicut Episcopus Dunelmensis Comes Marescallus respondent de terris tenementis infra libertates suas per summonitionem factam ad Terras Tenementa extra libertates suas Ideò Consideratum est quod respondeat This suit was after the time that the Court of Common pleas was seuerd i Mag. Chart. cap. 11. from the Kings Court and appointed to be kept in some place certain and therfore the act on being Real and of its own nature meerly a Common plea the Earle excepted also to the Iurisdiction although by law too late the Demandants replie that quamuis Communia placita prohibeantur quod non sequantur Dominum Regem non sequitur propter hoc quin aliqua placita singularia sequantur ipsum Dominum Regem petunt iudicium Et dies datus est Coram Rege His Counsell thought it seems that because it concerned so great a Family so many Noble persons it was not within the Statut but erroneously And the Countie of Leicester was giuen by Henry III. to Edmond Crouch-back to k Pat. 49. Hen. 3. part 1. memb 2. whom a Patent was Militibus liberis Hominibus omnibus alijs tenentibus de Comitatu honore Leicestriae Senescalcia Angliae c. Ideò vobis mandamus quod eidem Edmundo tanquam Domino Vestro in omnibus quae ad praedictum Comitatum honorem Senescalciam all these Simon of Montfort had possest Terras tenementa pertinent de caetero intendentes sitis Respondentes sicut praedictum est At this day excepted the Counties Palatine and some few other in the denominating Countie the Earle hath but only his Name vnderstand as he is Earle and what in later Creations is as an annuall summe and competent in lieu of that ancient third part granted him out of the Kings Farme or Custom of som great Town or other places within the Countie as also a Duke in later times hath within the Shire of his Dukedom and a Marquesse in his Marquisat But not only of
Shires and Counties but of Cities and Towns haue been and are as well Creations as the denominations of them Salisburie Chichester Bridgwater Arundel and the like shew it Although as anciently in France I doubt not but with vs heretofore chief Citeis of a Countie haue denominated the Earls which were of the whole Countie But that of Arundel hath been by ancient resolution singled out as it were for a speciall kind of Earldom the honor proceeding more from seisin of the Castle of Arundel then later Creations or Restitutions For although it had a beginning for l Camden in Regnis the tiâ—le from Maud the Empresse to William de Albineto to whom her son Henry II. gaue the Rape of Arundel Tenendum de eo per seruitium IXXXIV Militum dimid and that Richard I. granted to William sonne to the first William the Castle of Arundel which yet was it seems his enheritance before descended from his mother Adeliza daughter to Godfrey Duke of Lorrain and Brabant cum toto Honore de Arundel tertium Denarium de Placitis de Suffex vnde Comes est yet in Parliament in time of the Fitz-Alans to which noble Family it was transferd by marriage with a femal heire of De Albineto vpon a Petition exhibibited by Iohn Fitz-Alan then Earl it was after deliberation adiudged m Rot. Parl. 11. Hen. 6. art 32. 33. seqq that he should haue place as Possessor of the Castle without other respect Considerato qualitèr Ricardus Filius Alani consanguineus ancestor to Iohn vnus Haeredum Hugonis de Albiniaco the same with de Albineto dudum Comitis Atundel fuit seisitus de Dicto Castro Honore Dominio de Arundel in Dominico suo vt de feodo ratione possessionis suae eorundem Castri Honoris Dominij absque aliqua alia ratione vel Creatione in Comitem fuit Comes Arundel nomen statum Honorem Comitis Arundel necnon locum sedem Comitis Arundel in Parliamento Consilio Regis quandiu vixerat pacificè habuit possedit absque aliqua calumnia reclamatione vel impedimento The Petition was in this form Please au Roi nostre Souerain Seigneur d' accepter vostre humble leige Iohn Count d' Arundel ore present en vostre seruice deins vâ—stre Roialme de France a son lieu pur seier en vâ—stre Parlement come en vostre Counseil come Count d' Arundel considerant que ses ancestors Counts d' Arundel seigneurs del Castel Honour seigneurie d' Arundel ont ewe lour lieu a seier en les Parlements conseilx de vos tresnobles progenitors du temps d'ont memorie ne court per reason de la Castel Honour Seigneurie auant dits as quex le dit nom de Count ad este vnie annexe de temps suisdit des queux Castel Honour Seigneurie le dit suppliant est a present seise This was in XI Henry VI. and afterward in XXVII of the same King a great controuersie grew in Parliament about precedence twixt William Earl of Arundel brother of this Iohn and Thomas Earle of Deuonshire The matter after that Act of XI and other profes were produced on both sides was referd to the Iudges of the Common laws But they as the n Rot. Parl. 27. Hen. 6. art 18. Record speaks saien and declaren after their conceits that it is a matter of Parlement longing to the Kings Highnesse and to his Lords Spirituall and Temporall in Parlement by them to be decided and determined How bee it that the said act mencion but only that the said Iohn late Earle of Arundel brother of the said William whos heire he is shuld haue his sete Place and Preeminence in the Kings presence as well in his Parlements and Councells as elswhere as Erle of Arundel as in the same Act more openly hit appereth in which act beth not expressed in writing the heirs of the same late Erle notwithstanding that he was seised and enherited to the Castel Hononr and Lordship of Arundel whereto the said name Estate and Dignity of Erle of Arundel is and of time that no mind is hath bin vnyed and annexed and by that reason he beene and had that name and not by way of Creation as the same Iudges vnderstonde by reason of the same Acte Hereupon the King and the Lords determined that hee should haue his place in Parlament and the Kings Councell as Earle by reason of the Castell Lordship and Honour of Aruâ—del as Worshipfully so saies the Roll as euer did ony of his Ancestors Erles of Arundel afore this time for him and for his heires for euer more aboue the said Erle of Deuonshire and his heires For Arundel thus much As touching the formalitie of their Creations in the more ancient it seems nothing but a Charter vsually made them with vs. In King Iohns time remembrance is made of the Sword of the Countie Hee at his Coronation accinxit saith Roger of Houeden Willielmum Marescallum gladio Comitatus de Striguil Striguil is in Monmouthshire and from it were the old Earles of Penbroke so calld Gaufridum filium Petri Gladio Comitatus de Essex qui licet anteà vocati essent Comites administrationem suorum Comitatuum habuissent tamen non erant accincti gladio Comitatus ipsi illa die seruierunt ad mensam Regis accincti gladijs This forme hath ancient originall In one of o Variar Form 1. lib. 7. Cassiodor's Precedents for the Dignity of the Comitiua Prouinciae you read Tua Dignitas à terroribus ornatur quae Gladio bellico rebus etiam pacatis accingitur I imagine it was in vse before King Iohn and that it was the proper Inuestiture of that age Houeden speaks not of it as a new inuention And of them what an p Bracton de Rer. diuis lib. 1. cap. 8. §. 2. vide cum lib. 2. c. 16. §. 3. old Lawyer of England neer that time hath I transcribe Reges tales sibi associant ad consulendum Regendum populum Dei ordinantes eos in magno Honore Potestate nomine quando accingunt eos gladijs i. ringis gladiorum Ringae enim dicuntur ex eo quòd Renes gyrant circundant vnde dicitur Accingere gladio tuo c. Et Ringae cingunt renes talium vt custodiant se ab incestu luxuriae quia luxuriosi incestuosi Deo sunt abominabiles Gladius autem significat defensionem Regni Patriae And in most of the ancient Creations in Parlament the girding with a sword is the chief and onely ceremony with the Charter deliuerd So was Edmund q Rot. Parl 36. Ed. 3. memb 4. sonne to Edward III. made Earle of Cambridge and Michael de la Poole * Rot. Parl. 9. Rich. 2. Memb. 5. vnder Richard II. Earle of Suffolk whom the King Gladio cinxit prout decet as the Roll saith and before any of these Hugh
alij praesules saith he in partem solicitudinis à summo Pontifice euocantur vt spiritualem exerceant Gladium sic a Principe in Ensis Materialis communionem Comites quidam quasi Mundani iuris Praesules asciscuntur Et quidem qui hoc Officij gerunt in Palatio Iuris Autoritate Palatini sunt qui in Prouincijs Prouinciales Whereto adde but that such as with Palatin iurisdiction are constituted ouer Prouinces are Palatins in Prouinces and the true cause and origination of the name is thence most manifest For the Empire you see how this fits in the Palatins or Pfaltzgraffen of Rhine of whose Territorie and State the learned and Noble Marquard Freher Counsellor to the present Frederick v. hath sufficiently instructed his Readers That Prince Palatin is by ancient institution in n Verba Aureae Bullae Carol. 4. cap. 5. partibus Rheni sueuiae in Iure Franconio ratione Principatus seu Comitatus Palatini priuilegio Prouisor ipsius imperij administrator in the Vacancie of the Empire but specially also Imperator siue Rex Romanorum supra causis pro quibus impetitus fuerit habeat sicut ex consuetudine introductum dicitur coram Comite Palatino Rheni sacri Imperij Archidapifero Electore Principe respnodere illud tamen iudicium Comes ipse Palatinus non alibi praeterquam in Imperiali Curia vbi Imperator seu Romanorum Rex praesens extiterit poterit exercere And wheras some * De Duce Saxoniae v. Marqhuard Freher Orig. Palat. 1. Dukes Marquesses and Counts challenging and enioy 〈…〉 almost all soueraintie haue not this addition you must remember that the first institution of an honor and continuance of the name vsd are the main causes of a distinct Title not so much vsurpation of Royalties or lawfull possessession alone The very word Landtgraue among the Princes of the Empire is known of great Dignitie and neer the best of Soueraintie yet it literally interprets but Comes Prouincialis although an old o Rigordus in vita Philippi Aug. pag. 207. French autor regarding more the substance of it as it s appli'd then the signification turns it into Comes Palatinus Eodem anno saith he that is M. CCVIII quidam Comes Palatinus qui eorum lingua Landgraue the printed books haue Landanga but questionles erroneously vocabatur Philippum Romanum Imperatorem interfecit The like in proportion must be thought of an ignorant p Roger. de Houeden in Hen. 2. fol. 339. English writer of the Monkish times deliuering that Prothosouastos he means Protosebastos in Latin is Comes Palatij He knew it was a great Dignitie in the Eastern Empire and therefore thought so In France vntill Thebault the Great Count of Champagne about M. XXX I remember not any Prouinciall Count hauing this title of Palatin But he then reuolting from Hen. 1. of France and ioyning to the German Emperor Henry III. either took from the Emperor or arrogated to himself the Title In his Charters is read Theobaldus Comes Campaniae Palatinus and in French Thebault de Champagne Brie Quens Palazins as q Et voyes Andre de Chesne Antiq. Recherch liure 1. chap. 73. Pithou deliuers That Countie is now long time hath bin in the Crown but retains stil good marks of Palatin souerainty This Honor hath bin and is in England at this day Chester Durham Ely Lancaster are famous by it Oâ—e Hugh Wolf was made Earl of Chester by William I. and the Countie giuen him in see Tenendum sibi Heredibus ita vere ad Gladium sicut ipse Rex tenebat Angliam ad Coronam And as the King so hee for his heirs there had their Barons by thâ—t name specially known In a Charter of the same Hugh's foundation of the Monasterie of S. Werburg he saies Ego Comes Hugo mei Barones confirmauimus And in Liberties anciently giuen by one of the Ranulphs Count Palatin there to his Barons hee r Inspex 18. Hen. 6 part 2. memb 34. grants quod vnusquisque eorum Curiam suam habeat liberam de omnibus Placitis querelis in Curia Mea motis exceptis Placitis ad Gladium meum Pertinentibus For their Barons more anon But the Soueraintie claimd by those Earls may well appeare in a relation of Earl Iohn his carrying the Sword calld the Curtan at the marriage of Henry III. and Queen Elianor daughter to Raymund Earle of Prouence Comite Cestriae saith Matthew Raris Gladium S. Edwardi qui Curtein dicitur ante Regem baiulante in siguum quod Comes est Palatinus Regem si oberret habeat de iure Potestatem cohibendi suo sibi scilicet Cestrensi Constabulario ministrante virga populum cum se incrdinatè ingereret subtrahente This Countie Palatine hath its Officers almost as the King in Westminster Hall Lancaster by Edward III. was created into a Countie Palatin by expresse name the Charters and particulars whereof euery Student knows out of Plowden These two being both now in the Crown may be calld Lay Palatinats with vs for also of great autoritie are the other two of Durham and Ely but both Bishopriques That of Ely began to be so vnder Henry the first That of Durham I think vnder the Norman Conqueror For one Egelric being there Bishop about his time was for offence to the State deposd and in his steed one Walker put qui esset Dux pariter Prouinciae Episcopus as the Monk of s De gest Pontis lib. 3. Malmesbury saies fraenarétque rebellionem Gentis Gladio reformaret mores eloquio But the chief priuiledges of Durham haue been anciently deriud from the holy respect had to S. Cutbert Bishop of Lindisfarn that is now calld Holy Iland whose bodie was thence in the Saxon times translated into Durham Therefore the Monks stile it Cutberti Terra and call the t Hist. Dunel apud Camd. country men Halywerk Folks which is ment in one of our u 5. Ed. 〈◊〉 fol. 58. pl. 88. yeer-books where Durham is rememberd with the name of Franchise de Werk For so you must read not Franchise de Wrek as the publisht books haue The case is in them misreported and very imperfit See the x Tit. Iurisdiction 30. Abridgment of it which questionles was from a better copie and you will confesse it Neither without that can you find reason why the Writ of Right of Aduowson should lie at Westminster for an enheritance in Durham The Bishop is there calld Count Paleys and in another place y 17. Ed. 3. fol. 36. pl. 4. Counte de Palais and that he was z 14. Ed. 3. tit Error 6. vide Bracton lib. 3. de Corona cap. 8. § 4. Come Roy. In the North parts anciently Hexamshire was reckond for a Countie Palatin It is the same which in the printed Monks occurrs by name of Hangulstad or Hangulstadeim and the like names corrupted But my Ms. of a De gest
Pontific lib. 3. videsis B 〈…〉 m Eccles hist. lib. 4. â—ap 13. 28. William of Malmesburie it is that which belongd to S. Augustins in Canterbury of a very ancient hand hath Hengstadeheim and Hengstadeam for that which in the printed is Haugustaldehem and Haugustaldem And from Henstaldehemshire came it seems Hexamshire In it was a seat of a Bishop vnder the Saxons Fisco Regio famulabatur saith Malmesburie quando eum locum beatae memoriae Wilfridus a Beatissima Etheldritha Regina pro alijs possessionibus commutauit Afterward before the Normans it was the Archbishop's of Yorke But vnder the late Queen b 14. Eliz. cap. 13. Elizabeth it was vnited to the Countie of Northumberland How by the Statut of Resumption vnder c Stat. 27. Hen. 8. cap. 24. Hen. VIII most of the Royalties of our English Counties Palatin were diminisht and taken into the Crown is not for this place to deliuer In imitation of the Emperiall name Historians that haue writen of the state of Poland call the Gouernors of Prouinces there Palatini Palatini saith Cromer munera sunt esse Ductorem Copiarum suae satrapiae in expeditionibus bellicis indeque nomen habet lingua vernancula vt Voieuoda dicatur quasi Dux belli siue Copiarum That of Vaiuod or Uoiuod vsd in other parts of the Eastern Europe being I think a Slauonique or Windish word is by later Graecians calld 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 One of their Emperors d Constantin Porphyrog de Administr Rom. Imp. cap. 38. speaking of the Turks comming to Chazaria saies that their first Vaiuod was called Lebedias 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Libedias the Voeuod or Vaiuod 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. By the name of his Dignitie as his successors he was called Boebodus which is plainly e V. plura de Uaiuodis infra cap. vltimo Vaiuod Vnder the Polak Vaiuods are Chastellans Uocantur ij vtr 〈…〉 to Cromer writes vulgò communi vocabulo Dignitarij quasi dignitate honore praediti addito ferè satrapiae seu terrae nomine But in the Territorie of Cracow the Chastellan is before the Palatin which began and hath continued vpon the dishonorable flight of the Cracowian Palatin when King Boleslaus Krziuousti about M. C. XXX was in great danger of a Russian ambush But no man mongst them may be either Palatin or Chastellan in that Prouince where hee possesses not in his priuat right some Territorie As Poland so the great Dukedom of Leitou or Lithuania is diuided into Palatinats and Districtus as the Latin writers call them Hi vero Districtus Palatinatus saies Alex. Gaguin pro Ducatibus vt quondam temporibus plurimorum Ducum erant computari possunt vnusquisque Palatinatus suum Vexillum quo in bello vtitur habet Eundem quoque Colorem signum omnes Districtus siue prouinciae qui in eodem Palatinatu continentur in Vexillis suis repraesentant nisi quod Palatinatus Vexillum maius est cum duobus Cornibus Districtuale verò minus simplicitèr protensum cum vno cornu But I think that in name do they more agree with our Counts Palatin then nature Viscounts In the Empire and France How their Name and Honor came first Hereditarie Diuers sorts of them in France Mediocres Seigneurs Viguiers Missi Vicedomini Vidames Le haut moyenne Iustice. Clergie men would not iudge of causes Capitall Saxon Ealdormen Vicecomes with them Their Ealdordom Geruase of Tilburie his reason of our Shirifs name Vicecomes The first Dignitie of this name in England His Coronet His inuestiture anciently in France The first in Scotland Prince du Seigneurie erigée en Principauté CHAP. VI. WHat is before of Counts must be rememberd here for the vnderstanding of VISCOVNTS Both the names were first Officiarie and thence grew Honorarie And such as the Counts ordaind vnder them as Vicegerents or the suprem Prince constituted to supplie the roome of Counts that is as the Emperor a C. de Offic. eius qui vicem alicuius l. 1 Gordian saies qui vice Praesidis prouinciam administrabant became at length as others hauing delegat iurisdiction to be some of them of their own right and transmitted their Names and Towns or Territories to their posteritie Vnderstand this chiefly of the Empire and of France Hence came that Honord name of Viscounts in Millan By L'oyseau it s well coniecturd that in France about the time when Dukes Counts and Marquesses began to vsurp Soueraintie in their prouinces the Lieutenants or Viscounts and Chastellans vnder them did the like so that the most part of them which had the charge of Armes and Iustice in Countrie Towns where their superiors left them gaind to themselues perfit Seigneuries but withall that such as liud in their superior's chief Towns and there with their superiors hauing not like means or opportunitie for Greatnes remaind alwaies as at first meere Officers as also those in Normandie at this day And some that from that ground of vsurpation haue turnd their ancient Office into Honorarie enheritance yet possesse but a few marks of Seigneurie nor meddle with administration of Iustice but haue only a certain part of the Royall profits proceeding from the Kings Iustice in their Territorie as those of Burges of Cologne of Villemenart of S. Georges and of Fussy which claim the third as before is spoken of Earles The same autor makes diuers kinds of Honorarie and Hereditarie Uiscounts in France One is of such as either by reason of their first institution being placed vice Comitis by the King when no Count was or by putting off their obedience to their superior Counts and acknowledging the King their only Lord immediatly held of the Crown Tous ces Vicomtes saith he doiuent saus doute estre mis au rang des Grandes Seigneuries pius qu' ils ont Fiefs immediatz de la Corone Another sort and that most common are they which hold of the Crown by reason only of some Countie annext to it and a third which are vnder some Countie in a subiects hand which both last kinds he puts in the rank des mediocres Seignieuries that is of such as are arier fiefs and hold of the Crown but by a Mesnaltie as our Lawiers call it So then in France as superior and inferior kinds of Counts anciently were so you may say of Uiscounts the regard of which difference instructs to the vnderstanding of the Titularie Honor. For the inferior Counts had their Vicarij or Viguiers qui per pages statuti sunt and their Missi which were as Uiscounts Of them saith Walafrid b De Reb. Ecclesiast cap. 31. Strabo Comites quidam Missos suos praeponunt Popularibus qui minores causas determinent ipsis maiora reseruent The name of Viguiers remains yet in Languedoe and is the same with Vicarij both but varying the word Vicecomes or Comitis vicem Gerens But Strabo makes the Viguiers Gouernors of small
Reguauit sub Ann. Christi M. X. alij haec Malcolmo III. ferunt is sub M. LX. rerum potitus Malcolm II. was no dignitie aboue Knights but only Thanes which it seems were with them as with our Saxons Superioribus seculis saith Buchanan praeter Thanos hoc est prefectos Regionum siue Toparchas Quaestorem rerum Capitalium nullum honoris nomen Equestri ordine altius fuerat quod apud Danos obseruari adhuc audio Som interpret their Thane by quaestor u Hector Boet. hist. Scotic 12. Regius or Steward and deliuer that the chief Steward of Scotland was called Abthan Whereof thus Buchanan also Hic magistratus that is the Great Steward of Scotland census omnes Regios colligit iurisdictionem etiam qualem conuentum praefecti habet ac prorsus idem est cum eo quem Priores Thanum appellabant Atque nunc sermone Anglico patrium superante Regionum Thani plerisque in locis Stuarti vocantur qui illis erat Abthanus nunc Stuartus Scotiae nominatur Paucis in locis vetus Thani nomen adhuc manet So he speaking of Walter nephew to Banquho by his sonne Fleanch created Abthan or great Steward of Scotland by Malcolm III. from whom that Royall name of Steward or Stuart had its origination and began first to be honord with a Crown in their Robert II. the honor of the Office being part alwaies of his birthright who is Prince of Scotland They haue also agreeable with the identitie of Thane and Steward certain Stewarties at this day But the word with them signified questionles as with vs anciently and was of the same Saxon root For their right Scotish or Irish x Sken in Reg. Maiestat lib. 4. cap. 31. called a Thane Tosche and the sonne of a Thane Mac-tosche But after Malcolm his bringing in of Barons Thanes remained as a distinct name of dignitie and vanisht not at the innouation of new honors as at our Norman Conquest In their Statuts of K. William are reckond Comites Barones Thani He raigned about M. C. LXX after Christ. So in the Statuts of his sonne Alexander II. In their laws a Thane was reckond equall with the sonne of an Earle after they had Earles The y Reg. Maiest lib. 4. cap. 36. 38. Cro and the Kelchyn of them were both alike as the Merchet of a Thanes daughter and an Ochern's an Irish or Scotish name of z Stat. Alexand 2. cap. 15. Reg. Maiestat lib. 4. cap. 31. Dignitie exprest by the word Ogetharius also Yet it seems that the Baron and Thane were often and most vsually confounded because where Earles Earles sonnes Thanes Ochierns and the like are distinguisht by their Croes the name of Baron occurrs not The eldest testimonie of this Title with them is in the laws attributed to Malcolm Mac-keneth that is their II. of that name which first deuided as they say the Kingdom into Baronies Dominus Rex Malcolmus the words are dedit distribuit totam Terram Regni Scotiae Hominibus suis Et nihil sibi retinuit nisi Regiam Dignitatem * The Mute Hill of Scone Montem placiti in villa de Scone Et ibi omnes BARONES concesserunt sibi Wardam Releuium de haerede cuiuscuuque Baronis defuncti ad sustentationem Domini Regis And to these Barons with iurisdiction hee granted saith Hector Fossam Furcam i. Pit and Gallowes Whereupon Skene a curious searcher of his own Countrie antiquities of this kind tells vs that In Scotland he is called ane Barronne quha haldis his Landes immediatlye in Cheif of the King and hes power of Pit and Gallows and Infangtheife a Haec n. adiunxit ad Malcolmi leges ijs quae in De Verb. significat habet I. Skene videsis Parl. 6. Iacob 1. cap. 91. leg Malcolm 2. cap. 9. 13. and Outfangtheife The Gallows vnderstand as Ours and for men Theiues and the Pit a place to drown Women Theiues But generalitèr saith he in hoc Regno Barones dicuntur qui tenent terras suas de Rege per seruitium Militare per Albam firmam per Feudi firmam vel alitèr cum Furca fossa nonnunquam generalissimè accipitur pro quolibet domino Proprietario rei Immobilis In which that State well agreed with ours anciently and till of later time it seems euery Lord or small Baron denominated from his possession and iurisdiction came to their Parlament but that was altered as with vs by Henry III. by their Iames b 23 Iacob 1. Parl. cap. 101. A. Chr. 1427. v Parl. II. Iacob 6. cap. 113 Parl. 5. Iacob 6. cap. 275. the first and in steed of them II. Commissaries of euery Shrifdome as our Knights of the Shire sent to the Parlament The Act of this alteration thus speaks at large Item the King with consent of the haill Counsell generallie hes Statute and ordained that the small Baronnes and free tennentes neid not to cum to Parliaments nor generall Councels swa that of ilk Shirefdome their be send chosen at the head Court of the Shirifdome twa or maa wise men after the largenes of the Schirefdome our tane the Schirefdomes of Clâ—kmannan and Kinrosse of the quhilkes ane be send of ilk ane of them the quhilk sal be called Comissares of the Schire and be thir Commissares of all the Schires salbe chosen ane wise man and expert called the Common speakâ—r of the Parliament the quhilke sal propone all and sundrie needis and causes pertaining to the Commounes in the Parliament or generall Councell the quhilkis Commissares sal haue full and haill power of all the laif of the Schirefdome vnder the witnessing of the Scheriffis seale with the seales of diuerse Barrones of the Schire to heare treat and finally to determine all causes to be proponed in Councell or Parliament The quhilkes Comissares and speakers sal haue Costage of them of ilk Schire that awe compeirance in Councel or Parliament and of their rentes ilk pound sal be vtheris fallow to the contribution of the said Costes All Bishoppes Abbots Priors Dukes Erles Lordes of Parliament and Banrents the quhilkes the King will be receiued and summond to Councel and Parltament be his speciall precept So that it seems that before this act euery lesser Baronne and Freeholder was bound to come and assist with his presence at their Parlaments which is confirmd also by other c Parl. 6. Iacob 2. cap. 76. Acts one thus speaking Item the Lords thinkis speedfull that na Freehalder that haldis of the King vnder the some of Twentie Pounds bee constreined to cum to the Parliament or generall Councell as for presence bot gif he be ane Baronne or els be specially of the Kings Commandement warned outher be Offiâ—â—ar or be Writ But vnder Iames IV. d Parl. 6. Iacob 4. cap. 78. it was enacted that na Baronne Freehalder nor Vassal quhilk are within
to them also a Ualiant or stout man and from that for the identitie of Gaulish and British is no news mongst Students of Antiquitie if one should deriue as litle libertie in pronunciation will permit the word Vauasor it were farre more tolerable then infinite of etymologies too daringly stood vpon A learned a P. Pith. de les Comtes de Champ. Brie lib. 1. man likes well of this from Gaesi and goes further supposing that in their God Hesus or Esus remember'd by Lucan and Lactantius and in the Ambacti mention'd in b Antiquitus In Comitatu Engelberti Teutonice est In Engelbrechtes Ambachte Freher Orig. Palatin 1. cap. 5. Caesar and Festus the name of Gaisus or Gaesus lies hid But there I more honor then follow him To talke here of a communitie twixt the Turks Bassas and Vassi as some very learn'd dare do were but aduenturing vpon much more ridiculous deriuation But when they tell vs that Vassallus is a diminutiue of Vassus it may be beleft although if Goropius his deduction of Salique from Sal which he makes the same with Sadle be tolerable as doubtlesse in his phanatique doctrine when the origination is indeed to bee fecht from Dutch his coniectures are often commendable why might not Vassal be as if you should say Vir Equestris or such like or if Sale be Hall and Hall the proper name of the Lords Court especially in our English Feuds where we call a Court Baron often Halimote why might not Vassal be as Vir strenuus Curti Domini inseruiens But without surer ground I loue to abstain from assertion Thus much for the Origination of Feuds as they are deriu'd out of the Empire or haue been in vse in these Western parts But of their first being at all a more ancient root is found and that vnder the Romans It 's reported that twixt Aeneas and Latinus one head of the league c Dionys. Halicarnas Antiq. Rom. 〈◊〉 was that the Troians should be alwayes readie to assist him in his wars against the Rutili And in the Augustam d Lamprid. vita Seueri V. C. tit de locato Conduct l. licet 35. storie it 's deliuer'd of Alexander Seuerus his Empire began in CCXX after Christ that sola quae de hostibus capta sunt Limitaneis Ducibus militibus donauit ita vt eorum ita essent si haeredes illorum militarent nec vnquam ad priuatos pertinerent priuatus is here oppos'd against Miles dicens attentius eos militaturos si etiam sua Rura defenderent Addidit sanè his animalia seruos vt possent colere quod acceperant ne per inopiam hominum vel per senectutem possidentium desererentur rura vicina Barbariae he means the Frontiers of the Empire quod turpissimum esse ducebat and somewhat like did the Emperor Probus in giuing certain e Fl. Vopiscus in Probo Territories in Isauria to his old souldiers addens vt eorum filij ab anno decimo octauo mares duntaxat ad militiam mitterentur Here were a kind of Feudall possessions but all their old volumes of the Ciuill law haue nothing that touches Feuds either in name or substance as they truly are The neerest like them is their Emphyteusis and ius f v. Mynsinger ad Instit. tit de de locat conduct §. Adeo Emphyteuticarium agreeing almost with our Fee Farm or socage tenure Neither of both which according to the Emperialls are to bee called Feuds although they as well as Militarie possessions in our law are so vsually named Some others I know suppose Militarie Feuds euen as ancient as Roman Colonies but they deceiue their Readers The tenants of the Empire as well mediat as immediat were all bound to be attendant in a place called Roncaliae vpon Po not farre from Piacenza when the Emperor went to be crownd and he that made default forfeited his Fief An old g Otho Frisiagens de gest Frederic lib. 2. cap. 12. autor thus deliuers it Est consuetudinis Regum Francorum quae Teutonicorum vt quotiescunque ad sumendam Romani imperij Coronam militem ad transalpizandum coegerint in praedicto Campo Roncalijs mansionem faciant Ibi ligno in altum porrecto scutum suspenditur vniuersorúmque equitum agmen Feuda habentium ad excubias proxima nocte Principi Faciendas per Curiae praeconem exposcitur quod sectantes qui in eius Comitatu fuerunt singuli singulos beneficiatos suos per praecones exposcunt At sequenti die quicunque nocturnis vigilijs defuisse deprensus fuerat denuò ad praesentiam Regis aliorúmque principum vel virorum illustrium euocatur sicque omnes omnium Beneficiati qui sine bona voluntate Dominorum suorum Domi remanserunt in Feudis condemnantur And not only Lay but Ecclesiasticall Fiefs were subiect to this Militarie Tenure and Forfeiture In England before the Normans plainly were militarie Fiefs although not in like manner as since That h Canut leg cap. 69. vide leg Confess cap. 21. law of K. Knout for the certaintie of Heriots paid only in Martiall Furniture proues it and that their Earls and Thanes were bound to a kind of Knights seruice And in those times so were it seems all the lands of the Kingdom except some priuiledged with greatest immunities if at least held of the King or Crown mediatly or immediatly For although there be a i Ingulphus Malmesburiens Charter extant of K. Ethelulph wherby Ecclesiastique freedom is granted generally and that the Church should be free from all secular seruice and sine Expeditione Pontis extructione Arcis Munitione which yet may be vnderstood as for an exception yet diuers Charters are anciently giuen as great and religious fauors by Saxon Kings which vsually reserue those three repairing of Bridges Tax for Warre and Castle gard or repairing them as of what no land should or could be discharged They are called by a speciall name Trinoda Necessitas in a Patent k Chart. Archiepisc Cant. A. Chr. DCLXXX by K. Cedwalla to Wilfrid first Bishop of Selesey giuing him Paganham now Pagham in Sussex and vnder the Diocese of Chicester whither from Selesey the See was translated Whereupon it was well noted when Pope l 28. Hen. 3. Matth Paris Consulas licet hinc interpreteris Responsum Kniueti in 44. Ed. 3. fol. 25. a. Celestin IV. endeuoring his grieuous exactions from Church-liuings in this State vnder Henry III. a consultation was about to what duties Churchmen by reason of their possessions were subiect that the old Kings of England were not so lauishly indulgent in their Grants to Churchmen quin tria sibi semper reseruarent propter Publicam Regni vtilitatem videlicet Expeditionem Pontis Arcis reparationes vel refectiones vt per ea resisterent Hostium incursibus And Ethelbald K. of Mercland Concedo vt omnia monasteria
imprudenter non declinata vt interfecti Aelij amicos Armigerosque eius sibimet sociaret And how Esquiors were by that name attendant on great men in the field the stories of Froissart specially and the like instruct where the l V. Ordination Classis Regis Fr. in Adam Myrimuth Ms. meanest of the Armie also are titled by this name And how Knights and Esquiers attended on Noblemen and of their liueries and number you may see what is worth obseruation in that m Apud I. Stouaeum in Notitia Londini pag. 86. account made by H. Leicester Cofferer to Thomas Earle of Lancaster vnder Edward the second You may also remember the Retainer n 13. Hen. 4. tit Entriâ— 57. v. etiam Mar. Sanud Torsel Secret Fidel. lib. 3. part 7. c. 1. in time of Henry IV. of one to be Esquire in time of Peace But because it was the next to Knight and both of them had their root in things of generous performance no name happen'd fitter to distinguish the better sort of Gentlemen from Knight and those as I may say of the vulgar Gentrie These are all the generall Titles superior to Gentrie Of the particular Orders of Knighthood by themselues and those of Barons with the rest vpward wee call the Greater Nobilitie the others beneath them the Lesse Nobilitie And as Dukes Marquisses Earles Vicounts and Barons are Peers and by that name specially known in like sort Knights Esquires Gentlemen and Yeomen being Free-men and Denizens of all sorts in our Law are as of the same rank for the Title of Paritie Therefore in the Grand Charter wherâ— no Free-man is to bee imprison'd disseised vtlawd banisht or otherwise made subiect to any Iudgement nisi per legale iudicium Parium suorum vel per legem terrae i. but by the lawfull iudgement of his Peers or by wager of law For so is lex terrae vnder fauor there to be interpreted and amittere legem terrae that is to lose the libertie of swearing in any Court is vsd by old o Glanuil lib. 2. cap. 3. 19. Autors of our Law for the Punishment of the Champion ouercome or yeelding in battell vpon a writ of Right and of Iurors found guiltie in a writ of Attaint And Vadiare legem and facere legem are vsuall in euery dayes records of this age neither in those elder times was any triall more frequent both in Reall and Personall actions then Ley Gager howsoeuer since it is restrained to some two or three personall actions as Det Detinue Accompt That Parium suorum hath been in cases where trials of criminall matter in fact haue been so alwaies interpreted that what lay Baron soeuer be arraigned by inditement of Treason Felonie or what is capitall hee shall be tried by Barons and vnder that name I include all aboue Barons and not by any of lesse Nobilitie the rest not being his Peers But any inferior man in like criminall causes hath his triall indifferently by Knights Esquires Gentlemen or Yeomen which in law are taken for Pares The like interpretation vpon exception was made in the p Holinshed arraignment of Sir Nicholas Throekmorton vnder Q. Mary of the words soiâ— attaint per gentes de lour condition i. be attainted by men of their condition in the Statut de Proditoribus of XXV Ed. III. and Gentlemen Esquires and Yeomen were indifferently held as men of his condition although he had the honor of Knighthood Nor is the common practise at this day otherwise Vpon that priuiledge of the Grand Charter Richard Earle of Cornwall sonne to King Iohn grounded his answere when vpon his opposition in clayming his own interest against a grant made by his brother Hen. III. to one Waleram a Dutchman of a Mannor indeed belonging to his Earldome he was by Letters required by the King to permit Waleram quiet possession but with a beseeming answer hee shewed his own right maintained it and offerd q 28. Hen. 3. in Matth. Paris Curiae Regiae subire iudicium Magnatum regni Rex verò Iustitiarius the words are in Matthew Paris and this Iustice was Hubert de Burgo Chief Iustice of England and then newly created Earle of Kent audientes nominare Magnates maxima sunt indignatione succensi Hereon the King verie hastily and much mou'd inioyns his brother either to render quiet possession to Waleram or depart the English soile But the Earle constantly quod nec Waleramo ius suum redderet nec sine iudicio Parium suorum à regno exiret Which was spoken with more iudgment then what hee answerd to the Baronage vpon his return out of Germanie where by one faction he was chosen Emperor The Baronage required his oth for a peacefull aide and vnitie with them in ordering the State and the matters touching his stay in England but hee vtterly refusd it and with looks of intermination adds Non habeo Parem in Anglia Filius n. Regis praeteriti sum frater presentis Comésque Cornubiae For plainly in the Noble Baronage of England all are Peers Precedence of Birth or title notwithstanding that is among themselues not to the King Which Bracton thus affirms Parem non habet Rex in Regno suo quia sic amitteret preceptum cum par in parem non habeat imperium and thereto one of our r 22. Ed. 3. sol 3 b. vide 25. Ed. 3. sol 55. b. yeer-books expresly accords making yet as if I know not vpon what ground that till Edward I. his time who they say ordaind he would be sued by petition the King might haue been commanded by a Praecipe as any other subiect which includes some more Parity then Royall Maiestie can admit But as a most vnderstanding s Stanford in Prerog Reg. cap. 15. Iudge hath obserud it s not likely that euer the law could be so and by Bracton its manifest that vnder Henrie III. it was not so In whose name should the Writ be directed I know some question hath been anciently touching the t v. Kâ—lway fol. 171. in 6. Hen. 8 Br. tit Peticion 12. tit Prerogat 31. Matth. Par. fol 563. de Comite Cestriae high Constable of England for this point I must not here dispute that But these Peers haue by interpretation of the Grand Charter and vse of the Common law place only in criminall causes now and capitall not in triall of common pleas And in Capitall so only that then Barons are tried by Barons when vpon Inditement they are arraigned For if an Appeale of Murder Robberie or the like be brought against a Baron he is it being the suit of the partie to be tried by a Common Iurie That difference hath time produced as likewise another part of the Grand Charter touching the Amerciament of Earles and Barons per Pares suos secundum modum delicti is by vse in the u Videsis Casum Griesly Comment 8. D. Coke fol.
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
Turks is Persia. 106 Aichmalotarchae in the Captiuitie 154 Aijos Phasileos Marchio 131 Ailwin a SaxoÌ„ Earle called half-Half-king the same with Hehelguinus in others 227. Founder of Ramsey Abbey in Huntingdonshire ibid. Aides to make the sonne a Knight marrie the daughter and redeeme the Lords bodie out of prison 330 Algomeiza Procyon 13 Algebar 13 Alexander sonne to Iupiter Hammon and his picture with Rams hornes 63. whence he was called Dhil karnaijn 140. his being deceiu'd by Anaximenes exprest by an Ancient in Latine verse 157 his request to the High Priest for his name to be giuen to the Priests children 67 Albu Ersalan 111 Alcoran of the Turks worne about a Chaliphs neck 100. in it parts of the old Testament ibid. how many Azoars Sureths or chapters it hath the difference of the Arabique one in that from the Latine 101. the beginning of euery Azoar 102. It was by error giuen to Mahomet by the Angell Gabriel 104 Almumens 101 Ali or Alem Mahomets sonne in law 100. how the Persians and other follow his sect 105. 107 the Alian Sect from another Ali according to some opinion 107 Ali Abasides 107 Alghabassi 99 Aladin in the Turkish storie 112 Alfred the first King annointed in England 133 Alilat the same Goddesse with Lilith 165 Alexius Commen the first creator of those Dignities Sebastocrator Panhypersebastus c. 171 Alderman of all England vnder the Saxons 227 Aldermannus Iuratorum 270. 389 Alderman See more in Ealderman Alodium Alode its deriuation 302 Alodarij Aloarij and the like anciently in England 390 Alsheich 51 Alluph i. Dux 208 Amiras Amera Amir 49. 98. 375 Amir Echur 374. Amir Halem 379 Amir elmumunin i. Rex orthodoxorum 99. seq Amiralius 375 Amiras Amireus if well distinguisht 375. 376. Amir amomenus 99 Amir moumnes 100 Amici Regum and Amici Fratres Rom. Imp. 185 Anaximenes See Alexander Annian Impostures reiected 17 Anglorum Rex Primus in the Heptarchie 30 Anselm Archbishop of Canterburie would haue gone to Rome for his Pall but William II. would not permit him 26 Anaxarchus his iest to Alexander pretending himselfe a God 67 Anni Augustorum 71 Antigonus his answere to a flatterer that calld him God 67 Antiochus sprinkled the Iewes Bibles with Bacon-broth 62 Antonin of what respect the name was in Rome 77 Annointing of Kings 128. whence the originall 129. 387. Annointing of stones and statues mongst the Gentiles and bounds ibid. what Princes were to be annointed by the Roman Prouinciall 130. yet no annointing of the old Irish Kings 57. where it was first vsed in the westerne parts 131. Annointing with holy oile to the French Kings 132. None of their Kings of the first line was annointed 132. British Kings annointed 132. First annointed in the Saxon times 133. Annointing of the English Kings with holy oile giuen to Thomas Becket as the tale is reported 134. Annointing makes Kings capable of spirituall iurisdiction 135 Andrew Harkley Earle of Carleil his being degraded of Knighthood vnder Edward II. and the forme of it 3â—7 Andrew S. 370 Apollo to him were consecrate all children cut out of the wombe and why 70 Apostle des Sarazins 66 Apostolique King a title to an Asiatique King 87 Apple so is the Globe calld whereon the Crosse is infixt 158. Three apples in Iupiters statue at Constantinople 159 Appenages of France 196. whence the word Appenage 198 Arbelus 9 Arsacides 76 Areta a name of the Hagaren Kings 76 Arduelles or Ardebil 107 Arthurs seale 160. Arthur and his Round Table 365 Arundel Castle 235. Earldome of Arundel begunne 236. its essence by reason of the Castle and precedence 236. 237 Armories Setting of Crownes on them 196. 197. 206. See Crownes when they began to be borne hereditarily in Praefat. and there of their being giuen by Patent more borne by some Mahumetans painted anciently 380 Armes of the Daulphinè France to be quartered 173. Of Moscouie 362. and see in Beta Of Saxony 152 Armes giuen in enfranchisement 326. 327. and see in Knights Of armes descendible to the heire 322 Arch-duke how ancient the name 194. Of Lorrain ib. Arlic i. Honorable 223 Armiger 340. 341. whence the dignitie hath its name 343 Archbishops worth 204 Arabians See in Vashlu Assyrian Monarchie and its continuance 6. 7 Assur built not Niniueh 8 Astaroth 65 Astronomie of Homer explaned 14 Astrologers 67. 166. 185 Asia the westerne part of it sometimes beside what is truly Greece called Greece 75 Assit principio Sancta Maria meo 101 Asser Ben Cheter 105 Astures King of them 80. Prince of Asturia 170 Ataulph purposd for a title in Empire 76 Athelstans greatnesse thinking it more honourable to make a King then be one 35. his Charter 303 Athenian Prince calld Great Duke 194 Augustus would not bee called Dominus 47 Augustus why and how a title to the Emperor 70. 71. its deriuation 71. vsed by other Princes 71. and 72 Augere Hostias 71 Aureum Pomum wheron the crosse is borne 160 Auratus Eques 317. and 361 Aureorum Annulorum jus See in Rings B BAal 9. and 65 Baal Hanan the same as Hannibal 67 Baal-samaim the same with Iupiter Apollo Pan. 9 Banners giuen in inuestiture and in committing the gouernment of a Prouince 28. 29. 191. 378. 379 Banner square who may beare it with his Armes on it 353 Bannerets their Name and Creation 353. seq a Banneret discharged of being Knight of the Shire 355. 356. and of their Precedence ibid. See in Sanziacks Bani of Hungarie 381 Babylonian Scepters and Rings 155 Babylon and Bagdet 93 Bagded is the old Seleucia vpon the confluence of Tigris Euphrates 93 Baetulus from Bethel deriu'd into the Heathen 129 Babamus in Turkish Our Father 122 Bacon the Frier his bookes spoild by ignorant Monkes 109 Baltheus what 311 Balteus auratus constellatus 309 Basilius Macedo the Easterne Emperor his finding fault with Lews II. the Western about the title of Emperour 22. 23 Basileus 21. seq 35 Barbaquan Barbican 89 Barons and Baronie the etymon of the word 259. seq what they are 265. 266. Of France 266. of England before the Normans 267. seq vntill 273. Barons after the Normans and Parlamentarie 274. 278. and 280. 283. Value of a Baronie 274. and 232. Peers to Barons i. Pares Baronum 274. 275. Barons to Earls 247. 275. without Barons the name of Prince anciently not supported 275. Baronies how many in England vnder Hen. III. 278. First Baron created by Patent in England 281. Baro and Baronia coniugata 282. and 283. Primus Baro Angliae 283 Baron and Lord. 284. Baronie of Earles giuen to their heires apparant 284 Barons of Scotland 285. late and ancient 286. 287. difference of those of France of later time and Barons of England Scotland 288. Barons in France haue the right of wearing a Gilt Helmet 288. and a Chaplet of gold 289. Of Spaine
anciently with vs 323. how among the Romans ibid. 329. when they came first hither 327. among the Iewes 328. in white wax in Praefat. Seleucia Bagded 93 Seriph or Seriffe 97 Seithi 97 Senior 110. 111 Serenitas Nostra 120 Sebastocrator 122. 156. 171. 197 Senoi Sansenoi Saminegeloph 165 Seigneurs Suzerains 207 Seneschal 244 Setar i. starra 328 Selefey in Sussex 301 Selden anciently Selkeden in Sussex 321 Sexhendman 334 Seruiens 335 Semiramis built not Babylon 8 Shinaghr 5. 32 Shach Sophi 105. 106 Shach Schach Saa c. 52. 111 Shooes with Eagles 155. See Red. Gilt Shooes 156. 157. See in Moon Shield-knaue 341 Shiregemote 225 Shrifes See Ealdorman and in VicecoÌ„ ViscouÌ„t in Bishops Sixtus Quintus his iest on himselfe for being born domo illustri in Praefat. Sihri 66 Sikerborgh 264 Sigillum Magnum and Sigillum Paruum 330 Siris whence so called the Riuer Nilus Sicilie Princes had Rex giuen them hereditarie 24 Skioldungi a Danish race 74 Soldan Saudan Sultan c. 94. 96. 383 Sophi whence in the Persian Title 107. and in whom first ibid. seq Sophi signifies not a Begger 108. See in Praefat. Sophilars a Sect. 106. 107 Souerraign Lord or Ladie 125 Somerset Earl 217 Sops of wine giuen in making an Earl 239. 240 Solidus duplex 204 Snowdon 215 Sommage and Somme 291 Sonnes of Noble Personages how some of them are accounted in Rank 284. 342 Solidati 335 Soldiers whence the name 335. 336 Spain See in Emperor and in Pragmatica in Dukes Earles Viscounts c. Spurres giuen in Knighthood 317 Spectabilis 383 Speaking or writing to Great Persons 116. 117. 119. 120. 121. seq See in Salutation Stafford Baron 283 Statues and Idolls how first worshipt 9 Stuart that name in Scotland when first Royall and whence 285 Starra the Iews written instruments of Contracts c. whence and where vsd 328 Sunne and its Images how worshipt by the Iews 10. by the Easterns Generall 11. and Persians 167 supposd with 12. beams 140. supposd in Astrologie President of Christianitie 166 Sultan See Soldan Sultan OleÌ„ i. Lord of the world 97 Sultan Gelal Eddin Melic Sa. 111. 112 Sublimitas 120 Sultanlar monie 112 Superiors speaking to Inferiors 114 Surname See Names Summon an Earl in his Countie 233 Summarius 291 Summagium 292 Subuasores 292 Sunni Schia 105 Sueuians old Prerogatiue in Praef. Suppani 381 Superillustris 383 Sword giuen in making a subiect King 29. For Sword see in Cinctura and Gladius and in Inuestiture of Dukes Count or Earl c. and in Knights Swearing See in Othes and in Cosmas Syro-Phoenician Graecian in S. Mark what 75 Synopsis Basilicon 21 Syncellus what 97 T TArtarean Empire 87. 89. 92 Taurica Chersonesus 91 Tangergoglan 93 Tanais 92 Tetragrammaton name of the Almightie whence and how pronounced among the Iews 50. 51 Teggiurlar 77. 381 Temerinda 90 Tenure of the Crown and of the King 266 Tenure of the I le of Man anciently 31. of the Tenants and Princes of the Empire 300 Templars might nos kisse a woman 373 Tecuytles 372 Tiberius his dissimulation 19. 20. he would not be calld Lord. 43. inclin'd to Christianitie 78 Themosis Pharaoh that was drowned in the Red sea 73 Thomas Apostle 88 Tiara what 144. what kind of one the King only wore 144. it was pulld off by the Persians in salutation 144 Thrymsa what 240 Thanes and Thegnes 225. 268. seq Thanus and Thainus 285. 272 Third part of the Counties profits to the Earls 229. 232. 233 Tiptofts rule 284 Thomas Becket See in Annointing and in Oile Timariots 380 Timaria 381 Tongues variation of the Europaean and Asiatique pronunciation 5. 6. Punique and Spanish 52. Hebrew and Maurish anciently the same 69. the Aethiopique Chalde 86. Slauonique and Tartarian 92 Tonosconcolerus 6 Tosch 285 Torniaments 321 Toga Virilis and the time of taking it 305 Truchten i. God or Lord. 61 Triumphall Ornaments whence 249 Tronagium granted 199 Trinoda Necessitas reserued alwayes in Saxon Feoffments 293 Tropaeophorus 364 Troplelophorus 364 Turks names 67. for them see in Mahumedans Turbant or Tulipant 144. 146. 147 Turkish Banner 378 Tzaophi i. Electus whence Sophi 107 Tzodki i a begger 108 Tzaggia and Tzaggae 342 V VAlecti 54. 321 Vashlu point how superstitious the Arabians are in reading it 102 Vacantes 184 Value of Dignities 232 Vaiuods 249. 382 Valuasores what â—65 289 Maiores Minores ibid. 290. 291. See in Vauasour Vauassories 291 Vauasours in France and England 292. and of England in 389. 390. whece the word 298 Valuasini 291 Vadiare legem amittere legem 344 Vassi Vassalli whence 297. 298. seq Velenno 10 Vezir Vezir azem 23. 377 Veromandia 71 Vitreus Ordinationis liber 135 Viennois See in Daulphin Viscounts whence and what in France 250. 251. his inuestiture 256. First in England and Scotland 256 Vicedominus 253. 254 Viguiers 251 Vicecomes whence so called for Shirife 252 Vicarius 252 Vidames whence 253 Virgata Terrae 272 Viro for Baro. 273 Villain knighted 318 Vlu Chan what 88. 89. 92 Vnchan or Vmcham 86. 87. 92 Vnction See in Annointing Volteius Mena Libertus to Pompey 325 Vrum Padischach i. the Emperor 103 Vsum Chasan 105 W W common with Qu. and Gu. 298 Wardships 54. See in Knights Wardships first in England Scotland 302 Wales See Prince 173 Walter Bishop of Ely 228 Werldthegnes what 225 White Kings 83 White in the Diadem proper to Kings 144. 145 Whitespurres 343 Wiltshire-mens Prerogatiue In Praefat. Witiscalc what 262 Wite 262. 263. 389 Wittenagemotes 226. 279 WisemeÌ„ of the East not Kings 108 Wife putting her away and taking her againe one of the execrations in the Mahumedans Oath 104 William Conqueror his arriuall and stumbling at the shore 34. his subiecting Church lands to the tenures 183 Will 11. his deniall of the Pope 26 Wight the Iles Kings 31 Worlds gouernment according to Hermes 3 Women and wiues called Dominae and Ladies 53 Women theeues drowned 286 Wooll 107 Worship and Worshipfull 124 Worshipfull Prince 124 X XA for Shach 111 Xeriph See in Seriph Y YEers See in Computation Z ZAga Zabo 85. 87 Zamer Chan. 91 Zabergan 91 Zelebi 381 Zosteria Minerua 311 Zuna 111 The end