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A59093 The reverse or back-face of the English Janus to-wit, all that is met with in story concerning the common and statute-law of English Britanny, from the first memoirs of the two nations, to the decease of King Henry II. set down and tackt together succinctly by way of narrative : designed, devoted and dedicated to the most illustrious the Earl of Salisbury / written in Latin by John Selden ... ; and rendred into English by Redman Westcot, Gent.; Jani Anglorum facies altera. English Selden, John, 1584-1654.; Littleton, Adam, 1627-1694.; White, Robert, 1645-1703. 1682 (1682) Wing S2436; ESTC R14398 136,793 167

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be bound up by the Laws of the Goths though in other things they were compliant enough restored to them the Roman Laws but by sly interpretations against the sense and meaning of the Roman Laws he drew these Laws back again to the Gothish For the times on this side the Normans entrance are so full of new Laws especially such as belong to the right of Tenancy or Vassalage though other Laws have been carefully enough kept up from the time of the Saxons and perhaps from an earlier date For neither did the gliding Decrees of that Blazing-Star which appeared in the Easter of that year so well known for this Victory prognosticate as the change of the Kingdom a thing which Astrologers affirm so the abolition of our Laws and yet in some sense peradventure an alteration of them both at that rate I mean as Jerom 〈…〉 that the Comet in the year 1533. which appeared in Aries to which Sign our Island according to Ptolomies doctrine is lyable under the North side of the Milky Way being of a Jovial Martial and Mercurial force and efficacy was the fore-teller or fore-runner of the change of Religion which happened three years after in Henry the Eighth's time But whatever may be thought in other cases Christianity is exempt from the Laws and over-ruling power of the Stars and I do but too well perceive that Cardan's piety is wanting in this and in other instances and particularly in casting our Saviours Nativity And why do I too much besides my purpose trouble my self about these things here Go thy wayes to our Janus for thou canst hardly chuse but own him having two faces where to speak of our English Brittish Law 't is no Treason I trow so to call it Nobilitas nec origo later sed luce sequente Vincitur That is It 's noble rise doth not lye hid but light Attending makes it far more clear and bright For Si nobilitas cunctis exordia pandit Laudibus atque omnes redeunt in semina causae That is If nobleness doth first commence all praise And all things from their feeds do themselves raise However it does not at all boast of its Rom●lus's its Numa's its Decemviri it s 2000. Books it s 4000. and 4000. and 4000. Verses and the like which having been digested long since as it were non hos quaesitum munus in usus That is A boon not purchas'd for such use as this do far and near bear sway in Courts of Law throughout all Europe yet is not the rise and original of our Laws also less to be regarded nor is it perchance for distance of time further from Iapetus than they But go thy wayes I say and see that thou dost not undertake without reason and good advice to fit any thing to the present Age otherwise than the changes the repeals and cancelling parts of Laws and new emergencies and vicissitudes of affairs which were frequent will give thee leave Remember Lucretius in this case alike as in others Quod fuit in pretio fit nullo denique honore Porrò aliud succedit è contemtibus exit Inque dies magis appetitur floretque repertum Laudibus miro'st mortaleis inter honore That is What was in price at last hath no esteem Whilst somewhat else starts up and gains repute And every day grows more in vogue and brute And mortals strangely do it highly deem According to what that other and the greatest Philosopher among the Poets saith Multa dies variusque labor mutabilis aevi Rettulit in melius That is Time and the various toyl of changing age Many things betters and reforms the Stage And the Greek sentence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For time to Laws themselves gives Law full oft without a world of rubs in the way and slips or distances of years I saw I was not able to put upon the work the face of a History and to muster up all things that are wanting Very many things are so effaced by injury of time several things have been lost through neglect nor is the Learned World under a small discontent or at small variance by reason of this loss These remains which are left us to be handled upon occasion I have alwayes accounted pleasant researches I and perhaps one may say that those Learned Pieces which Pomponius Rivallius Zasius Oldendorp Brissonius and others have published concerning the Twelve Tables and the Laws written upon Oaken Planks upon Elephants Skins and in former Ages upon Brass are not of more use and advantage for the City Spire in Germany than these Collections may be for Westminster-Hall amongst us We have said enough and to spare concerning the model and frame of the Work For me now to beg the Readers pardon that I may speak a little concerning my self seeing it was at my own choice whether I would give him trouble or no would be silly I so be that any one shall shew himself more busie or pragmatical in these Writings of mine than becomes him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Not knowing as we say a Pig from a Dog I would not have him ignorant that I value it no more than a rush to be lashed with the flouts of prattle-boxes or tittle-tatlers and sch creatures as carry the Goddess Nemesis on pickpack Nor does any one that is in his wits when an Ass kicks and flings at him to little or no purpose regard an idle oafish affront so as to requite it I paint upon my weather-boards Averrunca i.e. God forefend as they did of old Arse verse upon houses to preserve them from fire May Intercedona Pilumnus and Deverra drive away Silvanus and keep him off from doing this tender Infant any harm Well! let Asses and silly Animals commend find fault tune their pipes how they will let the envious and ill natured with their sneerings prate and talk let snotty nosed Fellows and Clowns that feed upon cockle bread approve what I write or let them flout and fleer or let them play Jack of both sides it 's all fiddle faddle to me nor would I put a straw between 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Brow-benders making Nose and Chin to meet With dangling Beards like sacks down to your feet Ye rigid Cato's and severe Criticks do ye take in good part what I have done nor let me be altogether slighted if by chance ye shall vouchsafe to look this way nor with your skew looks fore-speak my harvest in the blade I shall readily and willingly yield the conquest to him that fairly gets it and rightfully corrects me But whoever thou art of that sort of men Per meos fines aprica rura Lenis incedas abeasque parvis Aequus alumnis O're my bounds and sunny plain Take a gentle walk or twain Then depart with friendly mind To me and my Lambkins kind You that are candid and courteous know that 't is a very hard matter
speak of that sorry subject before I leave thee As to the Translator I confess it is no great credit for any one to appear in that Figure a Remark which I have learn't from one who hath translated another excellent Piece of this Noble Author Noble I call him sith Nobility is rais'd by Parts and Merits no less than continued by Birth and Descent it was his Mare Clausum wherein he I spoke of hath acquitted himself very well abating for his Villanous Dedication to the RUMP-Parliament which was then setting up for a Republick in which Dedication of his he hath vilely and like himself I speak in Charity as to his Interest I mean not his Judgement or Conscience at least if there were any aspersed the Royal Family with Weakness and Collusion to have lower'd the British Renown I am bid by Him who puts this into thy hands to tell thee that when he was embark'd into this Employ whatever it was upon the coasting of it over he was surprized to find he had undertaken such a difficult and hazardous Voyage and did presently conclude That none but a Selden that is a Person of omnifarious Reading was fit to be a Selden's Interpreter For no other person but one so qualified can be Master of his Sense Master of his Expression His ordinary Style where he delivers himself plainest is as to the Matter of it so full of Historical and Poetical Allusions and as to the Method and hath that of Crabbed in it besides so Intricate and Perplex that he seems even where he pretends to Teach and Instruct to have intended only to Amuse and Confound the Reader In very deed it is such a Style as became a Learned Antiquary which is to be Antique and Oracular that one would think the very Paper he wrote upon was made of the Sibyll's old-worn Sheets and that his meaning could not be fisht out without the assistance of a Delian Diver However the Translator though so much Inferiour to the Undertaking as to be almost Unacquainted with some considerable parts of it did presume whether rightly or no must be left to thy judgement that he was not utterly unfurnished with those Skills and Helps which might make the Work Intelligible and Acceptable even to Plebeians For though it was at first designed by the Excellent Author in his Latin for such as were meerly Lawyers and Scholars they must be both that mean to understand it as he wrote it yet now it being done into English it was to be calculated to the Meridian of common Capacities and vulgar Understandings Which end he hath he hopes in some good measure answered and in order to which end he hath to supply the defects of his Translation at the end of the Book subjoyned some Annotations which may serve partly to clear the Author's meaning and partly to vindicate himself in the Interpretation He did think once to have affixt those Annotations to the places they belong to but upon second and better thoughts he consider'd that the Authors Quotations would be enow of themselves to charge the Margin with and a further superfoetation would but cloy and surbate the Reader though in the body of the Work there are up and down many Explanations inserted to excuse him from the trouble of having recourse to those Notes which are added out of pure necessity and not from any vanity of Ostentation since the whole if it had its due might seem to require a perpetual Comment In the main which is enough for a Translator be his Author what he will he doth assure thee that the meanest Subject of England may now read one of her greatest Champions and Writers for Learned Pens sometimes do as good and as great service as Valiant Swords do so understandingly that he may edifie and learn what duty and deference he ought to have for the Best of Governments And now Reader excuse me in a Digression and do not impute it as a Levity to me that I follow my Grave Author It is my Duty so to do it is my Happiness if I can He doth not despair now he appears in English to have Female-Readers too to court him so far at least as to peruse his Translation who hath so highly courted them with Noble Caresses in that Chapter wherein he hath so learnedly pleaded the Excellencies and Rights of that Angelical Sex if Angels have any Sex to the abashment and overthrow of the Salick Law To what purpose did the Author write so much in their Commendation if they were not to know it which if the poor Translator hath any Obligations upon the Sex he hopes they will own this as an Addition not to mention that other Chapter of his where like a Gentleman and a Lawyer both he maintains that freedom peculiar to our English Ladies and which with Lawyers leave I may call The Courtesie of England in receiving of Salutes against the censure of Rudeness on the one hand and the suspicion of Wantonness on the other Though I must confess also that some of his Citations in that defence are so free that I thought fit rather to leave them as I found them than by putting them into English to expose the Modesty of the Sex I have no more to say Reader but to beg thy Excuse for any thing wherein I may appear to have come short of the Weighty and Abstruse Senses of our Great and Worthy Author and that I may detain thee no longer from his Conversation to bid thee Farewell THE AUTHOR'S PREFACE TO THE READER AND that the Tutelar or Guardian of my threshold may not entertain thee with unlucky or ill-boding terms he doth freely bespeak thee Health and Greeting whoever thou art Dear Reader Moreover he is in the humour to declare both the Occasion of drawing the first Furrow of this Enterprize and also the Model and Frame of the whole Work what it is finished and compleated It is a long while ago considering how young a man I am since from the first I have made it my hearty wish that the ancient Original and Procedure of our Civil Law might more fairly and clearly be made out as far I mean as the thing will bear and as what store we have of publick Records affords assistance 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For several men with several things are pleas'd as said Archilochus of old and I do own for my self what Seneca the Declaimer saith that I take pleasure in going back to Studies of Antiquity and in looking behind me to our Grand-sires better times Which to say truth they who do too much slight Ardua dum metuunt amittunt vera viai that is Whilst lofty passes they do fear through sloth They lose the certain tracks and paths of troth And so may the Muses alway favour me they are such things as are Anteiqua sepolta vetusta Quai faciunt mores veterésque novosque tenentem Moltarum veterum Legum Divômque Hominumque Prudentem as
Pag. 28. lin 11. Now you for your part are Gods Vicegerent in the Kingdom They are the words of Pope Eleutherius in his Letter to Lucy the first Christian King which was in the year of our Lord 183. From whence we may fairly conclude that in those early dayes the Pope of Rome according to his own acknowledgement had no such pretensions as now for several Ages since they have made upon the Rights of Princes to the great disturbance of the World and reproach of Christian Religion And indeed this is the more considerable in that such was the simplicity of devotion in those early Converts and such the deference which Princes who embraced the Christian Faith especially from the Missionaries of Rome had for that Holy See as appears by this one single instance that it had been no hard matter nor could be judged an unreasonable thing for them to lay claim to a right and assert a power which was so voluntarily offered Further I add that seeing the Donation of Constantine besides that it was alwayes look't upon as a piece of forgery was at best supposing it true but an Imperial Grant and Concession which would not be of authority enough to bear up the Popes Supremacy in all other Kingdoms of the earth and seeing Pope Boniface who was the first that with bare face own'd it his complyance with Phocas was so grosly wicked that none of their own Writers but are ashamed to make that transaction betwixt those two an argument for the Papal pretence Seeing I say it is so if the Pope be intitled as their Canonists pretend to an Universal Dominion by vertue of his Office and by Commission from Christ and his chief Apostle S. Peter how came it to pass that the Bishops of Rome all along till Boniface were so modest as not to challenge any such rights or powers nay upon occasion to declare against such pretences as Antichristian which if that be true that the Pope is by his Office and by a Divine Commission instated into a Supremacy was in effect no less than to betray the cause of Christ and his Church how came it to pass that Eleutherius should neglect such a seasonable and exemplary opportunity of maintaining and exercising his right and should rather chuse to return it in a complement back to the King his Convert VICARIVS verò DEI estis in Regno sayes he You are GOD's VICAR in your Kingdom which Title now the Pope doth with as much arrogance challenge to himself as here one of his Predecessors doth with modesty ascribe to the King Lin. 32. With the title of Spectabilis Towards the declension of the Roman Empire it was usual so to distinguish great Offices with peculiar Titles as Spectabilis Clarissimus c. so among the Italians Magnifico to a Senator of Venice Illustrissimo to any Gentleman Eminenti●●●mo to a Cardinal So with us the term of Highness is given to a Prince of the Blood Excellence to a Vice-Roy or a Lord Lieutenant and to a General of an Army Grace to an Arch-bishop and to a Duke Honour to a Lord Worship to an Esquire c. CHAP. XVII P. 29. lin 43. Fabius Quaestor Aethe●verd Why he calls him Fabius Quaestor is at present past my understanding Did he take upon him a Roman name Was he in any such Office as Quaestor i. e. Treasurer or Receiver General wherein he behaved himself like a Fabius or did he intitle his Book by that name I am to seek CHAP. XVIII Pag. 31. lin 19. Whatsoever there was in Pandora of Good and Fair. She was a Woman made by Jupiter's own order and designed to be the pattern of female perfection to which end all the Gods contributed to the making of her several gifts one Wisdom another Beauty a third Eloquence a fourth Musick c. CHAP. XIX P. 32. lin 27. Wapentakes Which in some of our Northern Countreys is the same as we call other-where a Hundred from the S●xon word waepen i. e. arms and tac i. e. touch as one should say a touching or shaking of their Arms. For as we read it in King Edward's Laws when any one came to take upon him the Government of a Wapentake upon a day appointed all that owed suit and service to that Hundred came to meet their new Governour at the usual place of their Rendezvouz He upon his arrival lighting off his Horse set up his Lance an end a Custom used also among the Romans by the Prator at the meetings of the Centumviri and according to custom took fealty of them The Ceremony of which was that all who were present touch't the Governours Lance with their Lances in token of a confirmation whereupon that whole meeting was called a Wapentake inasmuch as by the mutual touch of one anothers Arms they had entred into a confederacy and agreement to stand by one another This fashion they say the Saxons took up from the Macedonians their Progenitors Others will have it from tac to take and give this account of it that the Lord of the Hundred at his first entrance upon the place was used to take the Tenants Arms surrendred and delivered up to him by themselves in token of subjection by way of Homage Sir Thomas Smith differs from both these for he sayes that at the Hundred meeting there was a Muster taken of their Weapons or Arms and that those who could not find sufficient Pledges for their good abearing had their Weapons taken away so that in his sense a Wapentake is properly Armilustrium and so called from taking away their Weapons or Arms who were found unfit to be trusted with them L. 40. For the Ceremony of the Gown He alludes to the Roman Custom with whom the youth when they arrived at mans estate were then allowed to wear togam virilem to put on a Gown the habit of men whereas before that they were obliged to wear a Coat peculiar to the age of Childhood called Praetexta whence Papyrius though yet a Child being admitted into the Senate house for his extraordinary secrecy and manly constancy was called Papyrius Praetextatus Pag. 33. lin 9. Morgangheb Or Morgingah from Morgin which in High Dutch signifies the Morning and gab a gift to wit that Present which a man makes to his Wife that morning he marries her CHAP. XX. Pag. 34. lin 3. Tityus his Liver A Gyant who for ravishing of Latona was adjudged to have his Liver after death prey'd upon continually by a Vulture which grew up again as fast as it was wasted The equity of which punishment lay in this that the Liver is reputed the source and seat of all lusts and unlawful desires and doth naturally as some Physicians hold receive the first taint of Venereal distempers the rewards of impure mixtures according to that of Solomon speaking of an Adulterer Till a dart strike thorough his Liver from whence they gather that that which we now call the French Pox was not unknow even in