TITLES OF HONOR.
FIRST PART.
Out of Nature and a Democracie, a Monarchie deriued. [...]. The first King or Monarch, whereof any good testimonie is. Shinaghr and Babel. The variablenesse of the Europeans from the Asians in Asiati (que) names. Nimrod was not Ninus, but Belus. Continuance of the Babylonian Monarchie. The time of Nimrods Kingdome, against common opinion. Peleg. Nimrod and Abraham, liued not together. Semyramis built not Babylon. Nimrod (not Ninus or Ashur) built Nineneh. Why he is called Belus. How sacred statues came first to be worshipt, and the true beginning of Idolatrie. Bel or Baal the same with Apollo, Pan, and the like, and was the Sunne. Belenus or Abellio, among the Gaules and Britons, was Apollo. How the Iewes worshipt the Sunne. The Persian Salchodai and Mithra, what they are. The Gods of those Eastern parts adored in our Western. Iupiters Tomb and Epitaph in Crete, and why the Cretans are called, alwaies Liers. Some make Nimrod to be honoured in Orions name among the Constellations. How they agree in name and actions. Orion and Cynosura the two Princes of the Heauens in old Astronomie. Homers Astronomie explaned. The supposition of the golden world, idle. As idle that obseruation, that [...]. i. [Page 2] a prescribed law, is not in Homer. Vse of singing Lawes. The Fables of the Chaldeans and Grecians, with the Annian impostures, reiected.
CHAP. I.
COmmunitie of life, and Ciuill Societie, beginning first in particular Families, vnder Oeconomique rule (representing what is now a common-welth) had, in its state, the Husband, Father and Master, as King. Hence many Colonies; which, whithersoeuer deduced, were Cities, Townes, Villages, or such like. In them, deserued Honor added to the eminencie of some fit mans Vertue, made him by publique consent, or some by his own ambition violently got to be what euery of them were in proportion to their owne Families; that is, ouer the common state, and as for the common good, King. Thus came first Cities to be gouerned by Kings, as now whole Nations are. And in the Heroique times (before the Olympiads, when most of the Grecian fables are supposed) such, as shewed themselues first publique benefactors to the Multitude, either by inuention of Arts, Martiall prowesse, encreasing of Traffique, bettering or enlarging the Countrie, or such like, were (saith Aristotle) by seuerall Nations, constituted Kings ouer them, and, by generall consent, left lines of hereditarie succession. So that naturally, all men, in Oeconomique rule, being equally free and equally possest of superioritie, in those Ancient propagations of mankind, [Page 3] euen out of nature it selfe, and that inbred sociablenesse, which euery man hath as his character of Ciuilitie, a Popular state first rais'd it selfe, which, by its owne iudgement, afterward was conuerted into a Monarchie; both by imitation of as well the subordinat as Supreme Rule, wherevnder the whole Systeme of the world is gouerned, as taking also example from vnreasonable creatures; in whom, because the libertie of discourse was wanting, Nature it selfe had placed that instinct of chusing alwaies One for their Prince or Leader. Hardly was any so Idolatrous that could not vpon mature consideration (as Theophil. Antioch. ad Autolyc. lib. 3. Orpheus did in his last Will and Testament) confesse a vnitie of Nature in that multiplicitie of Names, which fabulously they applied to the Deitie, and acknowledge that Apuleius de Mundo. & idipsum autor libri qui eo nomine Aristotelis falsò nuncupatur. quod est in trir [...]mi gubernator, in curru rector, praecentor in choris, lex in vrbe, dux in exercitu, Hoc est in mundo Deus, which was long since affirmed, by such, as knew not how to worship the true God, yet were resolued of his vnitie. Hereto are according diuers and frequent testimonies, of the ancient Gentiles, disperst both in Macrob. Saturn. 1. Iustin. Martyr. [...]. Lactantius de fals. relig. cap. 5. alij. prophane and holy Writers. Hence they could not but thinke, that the imperfections of the giddieheaded multitudes gouernment would be much repaired, if they subiected themselues to some eminent One, as they saw themselues, and what els was to be in regard of the vnseen Creator. In a Trism [...]gist. in [...]. Idem ferè apud E [...]phant. Pythagoric. Stob. [...]. 48. Tract attributed to Hermes (whom some dare affirm ancienter then Moses; and the Egyptians accounted as a God) Isis is personated thus instructing Horus: Whereas, my sonne, there are foure places in the Vniuerse subiect to an immutable law and command; that is, the supreme Heauen, the [...]. Orbes, the Aire, and the whole Earth. Aboue, my sonne, in the supreme heauens the Gods (vnderstand Angels and ministring spirits) haue their habitation; who, as all things els, are ruled by the Maker of all things. In the Orbes, the Starres are; gouerned by their great enlightner the Sunne. In the Aire are soules, ouer whom the Moone hath command. In the Earth are Men and other liuing creatures, [Page 4] whose Gouernor is Hee that for the time is King. The very patterne of a royall State, you see, deriued out of the worlds fabrique and its particular subiections; although I importune you not to credit the supposed antiquitie of the author, nor his whole assertion, being, in part, impious. And confirmation of the fitnes of this vnity in gouernment, they had from Senec. Ep. 91. irrationall creatures: mongst whom that one Kind specially, which is commended, in both profane and holy authoritie, to man, for its exemplary qualities, hath herein preeminence. That of Bees. All honor, assist, and obey One:
as the diuine Virgil of them. And the Grecians haue a proper word for the King of Bees, whom they call [...]; and, by translation, Callimachus calls Iupiter [...]. Neither is in a humane Monarchie what hath not in their Common-welth some most remarquable proportion, if that curious searcher of Nature, our Arist. [...]. lib. 9 cap. 40. Philosopher deceiue not. Hence, as Cyprian. tract. 4. de Idol. van. some, mongst other arguments proue this aeternall vnitie in the true Deitie, so those, who first tried the inconueniencies of popular rule, saw that in their gouernment likewise should be some One selected Monarch; vnder whose arbitrarie rule their happie quiet might be preserued. I know the vsuall assertion, that makes the first of those three kindes of States a Monarchie. Great Philosophers dare affirm so, and Principio rerum (saith Iustin) gentium nationum (que) imperium pènes Reges erat: quos, ad fastigium huius maiestatis, non ambitio popularis, sed spectata inter bonos moderatio prouehebat. But that cannot, in my vnderstanding, be conceiued as truth, otherwise then with a presupposition of a Democracie, out of which, as is related, [Page 5] a Monarchie might haue originall: no more then can bee imagined how an Aristocracie should be before the Multitude; out of which, such, as make in their lesse number the Optimacie, must be chosen. Aristotles Commenters, Bodin, Machiauel on Liuy, diuers others disput [...] this point: But, out of Machiauel, satisfaction may be easily receiued, as is here deliuered. And so must that be vnderstood of In Boeoticerū initio. Pausanias: All Greece was anciently vnder Kings, and no Democracies. [...]. Not that the States were first Kingdomes, but anciently so, and not vnder popular gouernment, as in later time they were. Well I allow, that a Family, being in nature before a publique societie or common-welth, was as an exemplary Monarchie, and, in that regard, a Monarchie is ancienter then any State: but as it is applied to a common societie of many families and to what we we now call a Kingdome, it cannot but presuppose a popular State or Democracie. The first Monarch of a Nation, we read of, is that Nimrod (nephew to Cham) the mightie hunter before the Lord. His Kingdome was in Babylon, Erec, Accad, and Calna in the land of Sinaghr, which is called vsually Senaar; by which name also the Babylonian Monarchie was known. For, where Gen. 14. com. 1 Moses speaks of Amraphel K. of Sinaghr, the Paraphrase of Onkelos hath expresly K. of Babel. His time was about M. DCC. XX. from the Creation. Iosephus calls him Nabrodes, and makes him first author of the building of that Tower of confusion of Tongues. In profane storie you find not his name, vnlesse, with common error, you make him Ninus, in whom Trogus, Ctesias and from him Diodore with other begin the Assyrian or Babylonian (for to this purpose I admit them as the same and one) Monarchie. If likelyhood would well endure it in Storie, it might not be hard to make Nimrod and Ninus one name. Greater changes are in words of Orientall language exprest in European characters. Their Iehezkel is Ezechiel, Ruben Rubel, Mosche Moses, Nun Naue, Esarhaddon A [...]bazarith, and in Arabique propagated [Page 6] from Ebrew, our Hispalis is Siuill in Spaine. To shew also how differently they expresse our Names, in the liues of the foure Euangelists, publisht by P. Kirstenius in Arabique, Uespasian, and Domitian are called Asubasianuusu, and Damthianuusu, and Nerua is Neirune Alshaghir, that is, according to them, little Nero. Such like more occurre in ancient and later Storie very frequent, in so much that scarce any communitie oftimes appeares; as in Cyaxares and Assuerus or Achaswerush; which name is Xerxes also, and Oxyares. But the first Babylonian Monarch is not called Ninus, but Belus. And his sonne is, by consent of best authorities, Ninus. It follows then that Nimrod was father to Ninus. Iustin indeed deliuers, Primus omnium Ninux Rex Assyriorum veterem & quasi auitum gentibus morem nouâ Imperij eupiditate mutauit. But regard the testimonie of those which out of the more ancient authors haue transcribed their Chronologies, as Iulius African, Cedren, and others, and Ninus will appeare clearly the son of Nimrod, that is, of Belus, the first of that State. And although erroniously in Historians for the most part Ninus be the root of Chronologique calculation, whereupon Iustin expressely affirmes that this first Monarchie remained in the same bloud Constantinus Manasses hallucinatus hunc numerum à Belo auspicatur. M. CCC. yeares, and then ended in Sardanapalus (otherwise called Tonosconcoleros or Conosconcoleros) and was by Arbaces then transferred to the Medes, so that if you reckon back from the beginning of Arbaces (Arbactus and Pharnaces he is also written) that number of yeers, you shall fall neer exactly vpon the beginning of Ninus according to some, and that most curious, Chronologie: yet withall, take the yeers of Belus his raigne being, as some will, LV. but as August. de Ciu. Dei. lib. 16. cap. 17. & 56. anni ad hanc rem sunt apud Glycam ex alijs antiquioribus. Annal. part. 2. others LXV. (which seems lest distant from truth) and adde them to the M. CCC. and then take the whole number out of the yeer of the world, which was at Sardanapalus his death, the residue wil fall neer the first yeer of the Chaldaean Epecha (placed in the beginning of that Empire) then which, what can more [Page 7] properly designe out Nimrods beginning, being about LXV. before Ninus? which is well enough confirmed also by that number of M. CCC. LX. deliuered by Diodor. Sicul. Bibliothec. 3. vnde pro [...] lege apud Agathiem. hist. 2. [...], vbi is de hac re. Ctesias for the continuance of this Monarchie, as also by De Ciu. Dei lib. 12. cap. 10. S. Augustine. Regnum (saith he) Assyriorum in Epistola Alexandri (he meanes an Cyprian. de Idol. van. & ipse Aug de Ciu. Dei 8. cap. 5. huius memirunt. Epistle of Alexander to his mother Olympias) quin (que) millia excedit annorum. In Graeca vero historia mille fermè & trecentos habent ab ipsius Beli principatu: quem regem & ille Aegyptius (that was one, from whom Alexander had his instruction) in eiusdem regni ponit exordio. By this supputation, Nimrods Kingdom began some LXII. yeares after the Floud, that is, M. DCC. XVIII. from the Creation. Howsoeuer (if Belus were he, as is most probable, and that Belus raigned LXV. yeers onely, which is the greatest account) the common error of those which place Nimrod and Abraham together seems intollerable. Witnesse holy Writ, which affirmes that in Pelegs dayes the earth was diuided, by dispersion of the people. That diuision was immediatly after Babel built, and by most likely coniecture the same yeer that Peleg was borne; for Moses relating his name to be Peleg, addes for in his daies the earth was diuided; as if, according to the Iewish custome, hee had had his name imposed presently vpon his Peleg [...] est diuidi [...]. Gen. 10. 25. birth, by reason of that Diuision. And how could his name be by reason of the Diuision, before it? And, it is questionles, that Peleg was borne CI. yeers after the Floud, which falls (by this calculation) into the XXXIX. of Nimrod. But Abraham plainly was borne CXCI. years after Peleg; how then could Nimrod and Abraham be coetaneall? I know, the accounts of diuers ancient writers are in this point of the continuance of this Empire (out of which as à posteriori, the beginning is found) much differing both among themselues, and from what is before deliuered, as those which occurre in V. Lips. ad 1. Vell. Paterculi & (si placet) Thalum ap. Lactant. Instit. 1. cap. 23. Paterculus, Eusebius, Orosius and others; and some Grecians haue made Nimrods beginning to bee Cedrenus, Glycas, alij. DC. XXX. yeers from the Floud, others more, against apparant [Page 8] truth of Scripture: others of later times placing him diuersly. But I see none so neer most probable coniecture as the learned Christopher Heluicus, whose laboriously composed and most vsefull Historicall Theatre, in this and other of this nature, affoords instructing helpes. And, whereas the fabulous traditions of some Europeans make Semyramis the autor of Babylon; it was deliuered, for most false, long since by Ioseph. 1. ad Appionem. Berosus (he was Belus his Priest in Babylon) and some Q. Curt. lib. 5. ancients of this part of the world also, haue iustly followed him, attributing it to Belus, which euen holy writ proues to be the work of Nimrod. So some will haue Ninus the builder of Nineueh (which profane Storie also calls Ninus) whereas vpon good reason out of greatest authoritie Nimrod was he that built it. In Genes. x. Hee went out of the land (he means Shinaghr) into Assyria and built Nineueh. But I know the vsuall translation hath it otherwise, that, out of the land went Assur and built Nineueh. But, Assur is not, before that time, as a proper name of a man, spoken of in holy Writ, neither in that passage is there a declaring of Sems posteritie (in which Assur was) but of Chams onely. And the holy tongue endures either of the interpretations, as hath been by the learned heretofore obserued. It may possibly be, that its name was from Ninus successor and sonne to Nimrod. For in that Nation the first Citie built was titled according to the name of the builders sonne, as appeares in the Storie of Came and Enoch. The Ebrew orthography of it is [...] composed, as it were, of Nin and Neueh, which may well signifie the Habitation or Citie of Nin, being easily (according to the European course) turned to Ninus. And Iosephus Archoeolog. Iudaic. 9. in hist. Ionae. expressely calls it, [...] & [...], which words without difficultie giue the same sense with the Ebrew. All this is in a manner confirmed by an ancient and most learned D Hieronym. Tradit. Ebraicis. Father, deliuering that the Assyrians, ex nomine Nini Beli filij Ninum condiderunt, vrbem magnam, quam Ebraei appellant Niniuen. Which is as if hee had said Nimrod had [Page 9] done it. For what were the Assyrians but his subiects? The first Empire then began in Asia vnder Nimrod (the same with Belus, called also Arbelus or Arbylus) King ouer the Babylonian and Assyrian territories chiefly, hauing in them his two Cities royall, but extending his power ouer the greatest part of the inhabited & neighboring country. Why he was called Belus, is no wonder. Take it not as a name proper to him while hee liued. But referre it to an effect of Idolatrous application after his death. For, whether adoration of Statues began in Sherugs daies (as is vsually deliuered out of Euseb. in [...]. Epiph. in prolegomcnis. ancient authoritie) or whensoeuer; it is certaine by all probabilitie, that sacred Statues were first such as had been made in memorie of some best beloued and most honored great men or of their fathers, ancestors, children, wiues, or deerest friends being Hinc idolū dictum est (si Diophanti fides apud Fulgent. Mythologic. 1.) [...], quasi, species doloris. Quod sane linguae sanct [...] optimé conucnit, in quâ [...]. i. Dolores simulachia dicuntur. Psal. 106. 38. & 39. & alibi. Originatio autem idololatriae ad hunc modum docetur. [...]. cap. 14 ab Epiphanio in prol [...]gom. & Iul. Firmico de errore Profan. Religionum, alijs v. si placet, & Ciceronem de consolatione. dead. To these were, at length, by flatterie of seruants and sycophants of such as had erected the Statues, giuen diuine worship and ceremonies with suffumigations, crownes of flowers, and other rites which to the dead, of later time, by the Gentiles haue been vsed: beeing at first inuented by them for such as they stiled Gods. And, as the ceremonies due to their Deities, so, as a consequent, grew the names of them also at last to be applied to those whom the Statues had first honored. Now, it is not vnknown to any that the Babylonians held their greatest God to be Bel, which is the same with the Phoenician and Punique Baal (the difference proceeds only out of the Ebrew and [...] Chaldaeis; Ebraicè au [...]em i. Punicè [...] dictus est. Elementū n. [...] Chaldaeis saepiùs excidit, & à Grammaticis obseruatur. D [...]minum vero interpretatur. Chaldean dialects) and was first vnderstood for the Sunne, whom they called Sanchoniathon apud Euseb. Parasc. Euangelic. [...]. Baal-samaim, that is, the Lord of Heauen (and in substance, euen by Idolatrous origination, was the same with Iupiter Olympius, Pan, Apollo and the rest of their greater Gods, differing in name only, as Baal-pheor, Baalzebub, Molo [...]h and the rest did in Palestine) whence, it seemes, the Lacedemonians had their [...] for the Sunne, as Hesychius is author, [Page 10] and perhaps the Phrygians and Thurians Scholiast. ad Aeschyli Persas & Hesych. in [...]. their word [...] for a King, and the Western parts their Belenus, Belinus, [...], as Herodian calls him, or Scalig. Auson. lect. 1. cap. 9. Abellio, as an old inscription found in Guienne. For all these names that Apollo hath, which the Gaules and Britons worshipt, and to whom the Druids sacrificed at the cutting down of their Mistletoe, expressing him, in their language, Plin. hist. Nat. 16. cap. 44. Omnia sanans, which euery. Schoole-boy knowes also to bee proper to Paean the same with Phoebus. And, that Belin is no other then Apollo, is both proued out of an old Ausonius in profess. Burdegal. Poet of Gaule, calling his Priest Phoebitius;
as also from a Append. Dioscorid. cap. 652. testimonie, deliuering that the herb called Apollinaris (some take it for Henbane) is the same which the Gaules named Bilinumtia, being at this day Vulcan. ad Glossar. Latino Graec. in Spaine titled Velenno, as from one originall; both hauing the steps of Belin; which also in British (as our most learned Antiquarie, and light of Britain, Camden Clarenceulx obserues) with Melin and Felin (the difference of orthographie proceeding from the tongues idiotism) signifies yellow, a colour, as all men know, euen proper in attribute to Apollo. And most likely it is that the Topique God of the Northern parts of this Kingdom, called in ancient Camden in Cumbria. monuments Belatucadre, had hence part of his name. Neither is the most superstitious regard which those Eastern people had to the Sunne in particular, vnknown to any, which hath obserued the R. Leui Bengersom. & RR. Cimchi & Irachi, Equis & Quadrigis, dum solem Orientem adorabant, ab introitu Templi vs (que) ad cameram Nathanmalech, solenni pompâ vectos fuisse Adnotant. Verum & videsis Sext. Pompeium Verb. October de Rhodijs. nec Rabbinis hic adsentior. Horses and Chariots dedicated to his Deitie by the Idolatrous Iewes, and mentioned in II. Reg. XXIII. or those Sunne-images ( [...] De ijs optimè (vt de omnibus) Ios. Scalig. ad Catull. Epig. 91. sed Rabbi Solomon, figuras ad Solis imaginem fictas fuisse, est malè Commentus ad loc. designatum.) in II. Paralipom. XXXIV. 4. or the adoration of the Morning in Ezech. [Page 11] VIII. 16. or such like, deriued from the Babylonians, Persians, and others; whence the Persian period of CXX. Solar yeers, and the product of that multiplied by XII, that is, CI [...]. CCCC. XL. their great period vsed before their Iezdigerd, as also the Sunnes reuolution in Astrologicall directions, are, and haue been of ancient time by them called Sal chodai, i. the yeer of God (as the most noble Scaliger teaches mee) as if the Sunne were the chiefest Deity; whom they stiled also Mithra from their word [...] Ios. Scalig de Emendat. lib. 5. [...] which interprets the same with Baal or Beli. a Lord or Gouernor; their significant name for the Sunne being both [...]. Coreshed (whereupon Ctesias, and some following him, deliuered that Cyrus in Persian was the Sunne) and quod & in vetust. Glossis Arabicis. Aphethaab. Neither was it strange that they, being ignorant of the true God, so worshiped the Sunne, when as euen the greatest Aristot. de Sap. secund. Aegypt. lib. II. c. 4. Masters of Philosophie had not a better meanes to designe out their first Mouer and Maker, or the Sonne of what is Good (as diuine De Repub. lib. 6. Plato expressely) then by the name of Light, or the Sunne. Nor is it hard to beleeue that the chiefe Deitie of the Gaules and our Britons should haue its origination from the so farre distant Eastern nations. For beside the reasons of coniecture, there hath bin found in Apud Conseranos in Nouempopuloniâ extat. Gaule a stone thus consecrated;
MINERVAE BELISAMAE SACRVM Q. VALERIVS MONVM. . . . .
Where questionles is the very name (differing in termination only) of the Goddesse Astarte or Ashtaroth, whom they called [...] dicta Philoni Bibliensi iuxta Phaenicum idiotismum. [...] verò Megastheni, secundum Chaldaeorum formam. Belihsamaim, that is, the Lady of Heauen, the Moon. The same is confirmed also out of diuers inscriptions conceiued DEAE SYRIAE, & DIS SYRIS both in Italy and this Island anciently found. But (to returne [Page 12] to the reason of that name in Nimrod) when court flattery amongst them grew so seruile, that nothing, but the most obsequious respect that possibly might be, and the highest honor that imagination could inuent, was thought worthy of the first autor and progenitor of their royall line, which their obsequious basenes would not any longer endure to be accounted mortal, they gaue the title of their God to his statue, & their sacrifices, & ceremonies; they made his Sepulchrall monument his Temple; and at length so confounded their God Bel & first King Bel into one, that they admitted no difference. Thus came also the Phoenician Belus; thus the Cretan Iupiter (whom the Stephan. [...] veró ridiculum illud etymon apud eum. Sanè nonne Marnas [...] loquitur? i. Dominus, vt cum Belo quadret. Grecians make the same with Marnas the God of the Gazaeans in Palestine) to be both a God and a dead man, in ridiculous confusion. For they gloried alwaies of his buriall and Epitaph on his Tomb, which they shewed for his and their antiquitie, thus;
Indeed it may be Englished, Iupiters Tomb; but the worne out place should haue Scholiast. ad Callimach. hymn. 1. been supplied thus:
that is, the Tomb of Minos the King; for so I rather English it, then Minos Iupiters sonne. Although, I know, his Epitaph there, is deliuered very differently by Lactant. de fals. relig. cap. II (de cuius ms. consulas. I. Obsopaeum in Sibyllin. orac. 8.) & Porphyr. up, Cyrill. aduers. Iulian. l. 10 others, yet it is certain that the Cretans are most fit examples herein to shew what the Babylonians did. Where, by the way, note that this false tradition among them, was the ground of that true imputation wherewith Epimenides, an ancient Poet and Priest (cited by S. Paule to Titus) brands them, and, after him, Callimachus.
i. The Cretans alwaies are liers; and, to that Acrostich somwhat altered, Getullic. Epig. 3. cap. 22. aliam de hoc Cretensium opprobrio historiam habes ap. Ptolem. Hephaestionem. one expressely, long since, ioined that misvnderstood Epitaph:
But, this turning of Kings into Gods, receiue elegantly deliuered by Tractat. 4. S. Cyprian. Reges (saith he) olim fuerunt, qui ob regalem memoriam coli apudsuos postmodum etiam in morte coeperunt: inde illis instituta Templa; inde ad defunctorum vultus per imaginem detinendos expressa simulachra. Nam & immolabant hostias, & dies festos, dando honores, celebrabant. Inde posteris facta sunt sacra, quae primitùs fuerunt assumpta solatia. And euen in this sort, came the ancient Martyrs of the Christian Church to be accounted by some euen as Gods; the error proceeding D. Hieronym. Epist. adu. Vigilantium: & ad Riparium. D. August. lib. 8. de Ciu. Dei. cap. 27. from the solemnities vsed at their Shrines to the true God, in honor only of their constant profession. And, you see it grew vsuall in later times among other nations, to make euery Emperor almost, a God after his death, and some in their liues; with application to them, of names known proper to ancient Deities. Some also haue giuen the name of Saturn to this Nimrod; and who knows not how vsually Belus is titled by interpretation Saturn, as others call him Iupiter? For those names, as they signified Gods, are with the rest of that nature in an inextricable confusion. The Assyrians (saith Cedren, out of some ancient author) made him a God, and placed him among the Starres; calling him Orion. Indeed Orions qualitie well agrees with Nimrods attribute, of being a [...]. mightie hunter. The fabulous traditions of the Grecians suppose Orion a hunter, both liuing and dead; and Vlysses Odyss. [...]. in his return from hell reports as much. Which is as plainly iustified by the Astronomicall description of him. For he is not without his Dog there by him (which they call Procyon, and the Arabians Celebalatzaijr i. the lesser dog, known also by the name of Algomeiza, and among the Damosc. in vita Isidori ap. Phot. in Myriobib. Cod. 242. Egyptians, was this referred also to Orion) neither is the dog without his game, hauing a hare before him. And, among other names, in Arabique he is called Algebar i, mightie or strong, the word coming from the Ebrew root [Page 14] vsed by Moses in describing Nimrod. Beside these, the old Astronomie supposed him also the chiefe Leader of all the Southern constellations. And as, in their Northern descriptions, they began at the lesser Bear or Cynosura (whose position and motion the Phaenicians obserued for their Sea-direction, as the Greeks did Helice or the greater Bear) so, of their Southern Images, Orion was alwaies first.
saith Manilius, following this course I speake of, as Aratus had directly before him; both being Theon. in Schol. ad Aratum. iustified by an allusion in Odyss. [...]. Homer, speaking of the Bear:
as if he had said, that she had, as the Princesse of the North, obserued and lookt at Orion Prince of the South: without which interpretation, how will you vnderstand Homer?
saith Manil. Astron. 1. another by imitation. There being also twixt those two Constellations such an agreement in Longitude, that one great circle, drawn through the Poles, cuts them both, to make, as it were, a lineall and direct regard twixt them. They are both (if you respect Cynosura's starres next the Pole) between L. and LX. degrees. But doubtles this application of Nimrod to Orion proceeded rather from Grecian vanitie. And those Eastern people had another name for Orion, if Interpreters deceiue not, which in Amos. 5. 8. Iob 10. 9. & 38. 31. perquàm variae autem sunt de [...] opiniones, & apud Iudaeos. vti videre est in Baal Aruch. praeter R R. adi si vis Hug. Grotium ad Imagines Arati. Holy Writ, turne [...] Orion; and in such things the Assyrians and Iewes had most communitie. But, of our first Monarch, thus much. Yet it is not to be doubted but that before him and the Floud there were, among his ancestors, some Monarchique States, but not of any large extension perhaps. To what other end was Cain's building of Enosha (the first Citie in the world) but for his own supremacie among the Citizens? But the [Page 15] large and supreme Gouernment of a Nation, is that which must giue the honor of a King, as we now take it. The supposition of that age of Kings in the Heroique times, or golden world is most idle, as it is deliuer'd especially in Fables and Philosophie. What Hesiod, Ouid, Virgil, and other haue of that kind, children know. Et Officium erat (saith Senec. Ep. 91. a Philosopher) imperare, non regnū. Nec erat cuiquā aut animꝰ in iniuriā aut causa: cum benè imperanti benè pareretur, nihil (que) Rexmaiꝰ minari malè parentibꝰ posset, quàm vt abirent è regno. And, the like, or rather what was neerer to perfection is largely and in example deliuered by In Uiro Ci [...]il, & in Minoe. Plato, who (had hee read Moses, as some think he had; for long before his time was the Aristobul. (ap. Euseb. de Prepar. Euangelic. 13.) in Epist. ad Ptol. Philadelphum. Pentateuch turned into Greek) would not, I think, haue giuen that indulgence to fabulous relations. Nothing is more ridiculous to truth then those Golden ages, when also Populus nullis legibus (as Iustins words are) tenebatur; but arbitria Principum pro legibus erant. Can wee beleeu that in Humaniue this could at all continue? Inbred corruption neuer endured it. The absolute power of the one, and the vnlimited libertie of the other, were euen incompatible, vnlesse they be referred to some short time in the beginning of States, when, by necessitie, no lawes were but only the Arbitrement of Princes, as ff. de Orig. Iur. l. 1. §. 2. Pomponius speakes of Rome. Yet, I know, it is obserued that Homer, writing of the Heroique times, hath not Ioseph. adu. Appion. 2. & de hac re Plutarch. lib. de Homcro. the word [...], i. a prescribed law, but only [...], i. an arbitrary rule. And I wonder, how learned men durst make such vse of that Obseruation. Read Plato's Minos, and there you shall haue Talus his lawes in Crete written in Brasse. And Talus is made coetaneall with Rhadamanth sonne to Iupiter, whose time although vncertain, yet must be farre ancienter then any Greek testimony. Nay, and Homer himselfe hath Odyss. [...]. [...], and In Hymn. ad Apollinem. eius [...]n. authorem sunt qui faciūt Cynaethum. Scholiast. ad Pindar. Nem. 2. [...]. the law of Musique, which Singers and Players were strictly bound to; and [...] absolutely are songs so called, Aristot. Problem. sect. 19. §. 28. [...], i. because they vsed to sing their lawes before [Page 16] inuention of Letters, lest they should forget them, as, in Aristotles time, the Agathyrsians did. And, were not Letters in vse in the Heroique times? If no other autoritie were, yet Proetus his priuie Iliad. [...]. letters, to the King of Lycia, for Bellerophon's death, would iustifie it. Its well known also, that [...] is no stranger in Hesiod, beeing both Suidas in Hesiod. v. Lips. ad Paterculi hist. 1. Kinsman and neerly coetaneall with Homer; nay, as som think, before him. Which were it true, how vain were that Obseruation of Homers not hauing it? The Greeks also haue (some Apollon. Argonautic. 3. of them) left writen, that Prometheus King of Thessaly (Deucalions sonne) was the man
that first built Cities and Temples, and was the first King on Earth. Others of them tell of Lycosura Pausan. lib. 8. in Arcadie to be the first Citie erected vnder heauen. Nay, some of later Constant Manasses in Annalibus. times, and Christians, haue translated the title of the first Monarchie into Egypt, as if they had not read holy Writ, but rather followed Trogus hist. 1. them, which tell vs that Uexoris King of Egypt, and Tanaus King of Scythia, preceded the Assyrian Monarchie. Indeed the storie of Abraham iustifies great Antiquitie in the Egyptian Pharaoh's; and in Europe, that Aegialeus K. of the Sicyonians rightly challengeth perhaps as much. But, wee can relie for truth herein only vpon Moses; and must slight both those fabulous reports of Grecians and others, as also what occurres in the fragments of the true Berosus, Hestiaeus, Alex. Polyhistor, Adiaben, Iulius African and the like, touching who raigned before Nimrod and the Floud. For, the Chaldeans (from whom some of these had their originall relations) pretended that they had a true storie remaining in Babylon of [...] [...]. Alex. Polyhist. ap. Euseb. in [...]. CL. M. yeers (Diodore and Cicero speak [Page 17] of a farre greater number, but this is enough) in which they reckoned discents of Kings, part whereof yet remain's incapable of likelyhood in some of those autors. As them, for this point, so much more haue we here neglected those Annians and counterfeits, Archilochus, Xenophon, Berosus,
as, the noble Du Bartas of them.
King and Emperor. Whence, and what was Emperor. How the Roman Emperors reckoned their Yeers. The Hate in Rome to the name of Rex. How their Emperors abstain'd from it. Who of them first ware a Diadem. At length, others called them Kings, but they wrote themselues alwaies Emperors. The two Titles, as indifferent. [...] a vsuall word for Emperor. The Coat of Constantinople, and its signification. Differences twixt the Emperors of the East and West, about the titles of Basileus, and Rex, and Emperor, and letters twixt them about it. The King of Bulgaries prerogatiue. To the Prince of Sicily, anciently, Rex hereditary. Emperor vsed by other Princes; By the Kings of England (Their Supremacie, from Papall power, free, anciently.) By the K. of Spaine. The Flattering Rules of Ciuilians touching their Emperor. Notaries in Scotland; which with other Kingdoms hath as suprem power, respectiuely, as the Empire, in making them. The Duke, King, or Emperor of Russia or Moscouy. Czar. To whom he vsed not in his title, King or Emperor. Subiect-Kings. Bohemia made a Kingdom. A Sword vsually giuen in making a Subiect-King. Danemark. Letters of Ph. de Valois touching Ed. III. his not stiling him King. To whom the title of King is truly due. The English Heptarchie, alwaies [Page 18] vnder One supreme. England how and when named. The King of Man. Of the Wight. Of Ireland subiect-Kings. Henrie III. his Letters to the K. of Man. King of Kings, by whom vsed. The storie of Iudith vnknown, but from Europe, to the Iewes. The Great King. Custome of giuing Earth and Water in acknowledgement of subiection. Herbam dare. Liuerie and seisin of England to the Norman. Rex Regum vsed by the Kings of England. Edgar and Athelstan their greatnes. Particular right of the title of Emperor anciently in the Kings of this Ile. Constantine the Great was born in Britain, with more speciall authoritie for it, then any hath vsed. Honor to the Emperors, in Kissing their Feet, Hands, Knees. Kisses of salutation among the Persians. Adoration what it is properly. Kisses of Ciuill Duty, in most Nations. Osculum Pacis, and after Praiers. In Homages. An act that none should Kisse the King in Homage. The Notation of our words King and Queen. The British Cuno. Words in diuers languages for King.
CHAP. II.
BY King and Emperor, haue been, and still are most supreme Princes titled. Yet so, that, for continued Maiesty, and note of powerfull Rule, in both those affections of State, Peace, and Warre, the first was, of ancient time, the greater; and that of Emperor ( [...] i. Imperator, or [...] i. the Generall of an Armie) was for any which had to him committed supremacie in Martiall dscipline, although but for some particular hoast. In the Roman storie, occurres frequent testimonie of it. And thence came it that Iulius Caesar, being Dictator, and a Generall, after he had gotten euen the Monarchie of Rome, wrote himselfe in his Edicts and [Page 19] Coins AΥTOKPATΩP, & DICTATOR PERPETVO & IMPERATOR, the first and last of which titles, continued in his successors. But it is obseruable to this purpose, that by neither of those were the yeers of their Empire reckoned, but a long time by their Tribunitian Power (beginning in Octauian) whence they were as sacred against all violence and wrongs. Amongst many, one Coin thus inscribed shewes it. IMP. CAESAR AVGVST. PON. MAX. TR. POT. XVI. COS. XI. IMP. XIIII. which was made in the XVI. yeer from the States giuing him that inuiolable title. The number added to IMP. beeing only so often increased in his and others Coins, as they had by themselues or their Generalls performed some Dio Cassius hist. 53. great matter in the Warres. In the infancie of their Empire they abstained purposely from the name of Rex or King, being a word grown odious to Roman libertie after Brutus his plucking it out of Tarquin's hands. In solemne memorie wherof they yeerly celebrated on the VII. kl. of March (the XXIII. of our Februarie) their feast Regifugium. As also they prouided that no concurse for Marchandise in the Citie should euer happen vpon the Nones of any month (Seruius Tullius his birth day, they knew was in thè Nones, but not of what month, and therefore they prouided it) Macrob. Saturnal. 1. cap. 13 Veriti ne quid Nundinis collecta Vniuersitas, ob regis desiderium, nouaret. And to palliat som part of his ambitions I. Caesar himselfe beeing saluted King by the multitude, but, withall perceiuing it very distastfull to the State, by the Tribun's pulling off the white fillet from his Lawrell, answerd, Caesarem se non Regem esse; refusing vtterly also, and consecrating the Diadem, which Antony would haue often put on his head, to Iupiter. For the same reason, did Octauian abstain from the name of Romulus which yet he much affected. Alike was the dissimulation of the next Tiberius, vnder [Page 20] whom were eadem magistratuum vocabula (as Tacitus his words are) which were before, but the sum and sway of things was ingrost and cunningly kept vnder One, differing in name rather then nature, from a King, as hee well obserued that subscribed Iulius his statue with
The more proper name of them and their Greatnes, was Princeps and Principatus; and, one of their own Tranquill. in Calig. cap. 22. Writers, of Caligula thus. Nec multum abfuit quin statim Diadema sumeret speciém (que) Principatus in Regni formam conuerteret. For these royall habiliments; they were at length vsed by In Epitome: sed videsis cap. vlt. huius libri plura de hac re. Aurelian (about CC LXX. after Christ.) Iste (saith Victor of him) primus, apud Romanos, Diadema capiti innexuit: gemmis (que), & auratâ omni veste, quod adhuc ferè incognitum Romanis moribus videbatur, vsus est. Yet nor hee, nor others long after him, vsed the title of King in their Letters, Commissions, Embassages, nor otherwise but alwaies [...]. Imperator. Emperor. Which expressely is deliuerd by Synes. [...]. one liuing vnder Arcadius, in CCCC. of Christ, shewing also that it was then vsual in others writings and speeches of them, to haue them stiled Kings. [...] (saith he to the Emperor) [...]. i. Wee thinke you worthy of the Name, and so call you V. Lamprid. in vita Alexād. Seueri & versus ibidem de lepore.Kings, and write you so. But you, whether you know so much or not, yet agreeing to custom, haue seemed to dislike so swelling a Title. And indeed, the autors of the Augustan Storie, before that time, haue Regnum, for the State of Rome; The dislike of Rex growing out of fashion, as specially appears in the chusing of Regillianus Generall in Illyricum to bee Emperor, as it were on a suddain iest, when one had deriued [Page 21] his name in declining Rex, Regis, Regi, Regillianus, the acclamations presently Trebell. Poll. in 30. Tyrannis. following Ergo potest nos regere; Ergo potest Rex esse. This was about Gallien's time, some CCLX. after our Sauiour. Vlpian (a great Lawier vnder Alexander Seuerus) calls it D. de Const. Princip. l. 1. Lex Regia, which transferd the peoples power to the Emperor. And the Grecians called them Athenagor. in inscript. Apolog. & alij passim. [...] i. Kings, as, by their own men, they haue been in middle times often titled; and by the Ebrews. The learned Druse Praeteritor. lib. 9. notes that hee had a book, inscribed [...] i. the Roman Kings, being the liues of the Emperors. And in Luke III. where the originall is in the XV. [...], i. of the Empire of Tiberius, the Syriaque turns it, of the [...] Reign or Kingdom. Paules appeale, according to the Act. Apost. ex Arabic. per Fr. Iunium c. 45 Arabique, is Regem Caesarem ego appello, agreeable to the Emperors [...] titles, in the liues of the foure Euangelists, in that language, Nor could the Constantinopolitan Emperors find greater titles for themselues or fitter, then King. If you regard how others vnder them applied the name, examples are famil [...]ar in the Concil. Ephesin. & ibi Cyrillus. He si [...]ius (qui sub Anastasio floruit) in Constantinopoleos descript. Procopius, alij. Acts of their Councells, Histories, and such like. If how they themselues, read the titles of Iustinians Nouells (which they call Authentiques) and in them it will appear, that the names of [...] and [...] were indifferent, although the Latin Translation hath him alwayes by name of Imperator. The same is iustified by Theophilus his Greek translation of the Institutions. And that great Volum of Lawes, published by their Emperor Leo (about DCCCC.) comprehending a collection out of the Digests, Code Nouells, and other Imperialls, was titled Harmenopul. in praefat. ad [...]. & Cuiac. Obseruat. 6. cap. 9. de ijs plura. [...], as if you should say, the Kings [figure] Lawes, wher [...] an Epitome is now Synopsis [...], à Leunclauio edita. only left; and, in that, the Laitne Lib. 2. tit. 6. vbi. l. 31. ff. de leg. & Sen. & alibi. Princeps or Imperator is often turned into [...]. Which, their supposed Coat also, of later time, being foure Betaes, iustifies. The Betaes are Bodin. de Rep. 1. cap. 9. interpreted as the sigles of [...]. [Page 22] [...], i. the King of Kings reigning ouer Kings. So that at length the name of Emperor and King grew to bee as one, although the Romans so much (for remembrance of their libertie) at first distinguisht them. But in the deuided Empires, vpon new occasions, came much affected differences of these names. The Western Emperors, in regard that the States of the Gothes, Lombards, and Franks which had ouerrun and possest much part of the Empire, were called Kingdoms, and their Heads, Kings, rather desired the name of Emperor, as a note, in account, of greater maiestie. After the translation of the Empire from Constantinople to the French, the Eastern Princes continuing still their name of [...], which they supposed the greater title, and were, at first not much against the allowing of it to the Western Emperors, as appears in the Embassadors, of Michael Curopalata to Charles the great, who for confirmation of a league, came to him at Aix & scriptum pacti (as my Auonym. in Annal Franc. ann. 812. & Vit. Caroli Magni. Author saies) ab eo in Ecclesia suscipientes more suo, id est, Graecâ linguá laudes ei dixerunt, Imperatorem & Basileum appellantes. Which was a name afterward (although meer Greek) bestowed on Charles his successors by their Monks, preferring it far before the Latin Rex. One Abbo Floriac. de Obsid. Lutet. 1. of them thus, of Charles surnamed Crassus;
Which is an essay also of that ages vnhappie affectation of Greek patchs, frequent in many of that kind. But, when Basilius Macedo a Constantinopolitan Emperor A. DCCC. LXXI, had receiued Letters from Pope Hadrian the II. wherein Lewes the 11. then Emperor of the West, was called Basileus, or Imperator; hee caused that Honorary title to bee Ms. hist. Longobard. ap. Baron. Tom. 10. A. 871. & Goldast. in Constit. Imperial. tom. 1. scratcht out of the letters, and, concerning [Page 23] his challenge to it as his own solely, dispatcht an Embassage to Lewes. This, Lewes answers by one Autprand Rempert, and, out of his Letters the effect of both may be discouered. He first tells Basilius that hee knows no reason of his dislikes towards him Nisi fortè super Imperatoris nomine velit haec cuncta sentiri. Verum apud nos (saith the Western Emperor) multa lecta sunt, multa quidem indefessè leguntur; nunquam tamen inuenimus terminos positos, aut, formas, aut praecepta prolata, neminem appellandum BASLEA nisi eum quem in vrbe Constantinopoli Imperij tenere gubernacula contigisset, cum, gentium singularum monimentis interim postpositis, sacrae nobis affluentèr historiae monstrent, plurimos fuisse Basileos.—Et noli vel nobis quòd dicimur inuidere, vel tibi singularitèr vsurpare, quod non solum nobiscū sed & cum pluribus Praepositis aliarum Gentium possides.—Sed nec hoc admiratione caret quod asseris Arabum Principem Apomazar (potius Achmet) Onirocritic. cap. 18. & historici Orientales. verum Protosymboli Vezirazes siue Vezirum primos magis denotant. consulas licet Leun [...]lau. Pandect. Turcic. cap. 14. & nos de hoc vocabulo mox plura. Protosymbolum dici, cum in voluminibus nostris nihil tale reperiatur, & vestri Codices modo Lego Archicon. [...]. Architon, modo Regem vel also quolibet vocabulo nuncupent. Verum nos omnibus literis sacras S. preferimus, quae, Dauid, non Protosymbolos, sed Reges Arabium & Sabae perspicue confitentur. Cbaganum verò, non Praelatum Auarum, non Cazarorum aut Northmannorum nuncupari reperimus, ne (que) Principem Bulgarûm, sed Regem vel Dominum Bulgarûm. Verum iccircò ab ijs & ab omnibus Basilei debitum vocabulum adimis, vt hoc tibi soli non tam Propriè quam violenter inflectas. Then hee proceeds (for, of those other titles more anon) with the Translation of the Empire from Constantinople to the Fra [...]ks, ob ignominiam Graecorum, who were not able any longer to defend the Church: and, whereas Basilius would haue him titled only Rex (or Riga, as the Grecians had barbarously made that word in their fourth cafe) hee addes further, that the true interpretation, of their Basileus, was in that word Riga; as indeed, children know it is. Neither [Page 24] was it giuen or taken as any dishonor when Baldwin Earle of Flanders, Lewes Earle of Blois Arnold. Alb. Lubecens. Slauorum hist. 6. c. 19. and diuers other wrote to Otho IV. Emperor, with this inscription; Excellentissimo Domino Othoni Dei gratia Romanorū Regi & semper Augusto. Vpon Gloss. Grae [...]obarbar. I. Meursij. lesse ground then those Imperiall Letters, it hath been obserued that the Eastern Emperors did, in contempt, stile the Western Reges only; allowing their Basileus to none, but themselues and the King of Bulgarie, who had also I. Curopalat. in Tzimisce apud Meurs. his Crown of Gold, his Tiar of Silk, and Red Shoes, for his royall, beeing also imperiall, habiliments. And so Georgius Logotheta, publisht last Spring Mart by Theodore Douz, alwayes names the King of Bulgarie [...], but the King of Hungarie and Sicily [...] and [...], and the Prince of Achaia only [...]. But, vnder fauor, I think it proceeded not so much from contempt, as vse, bred amongst them, to call, forrein dignities, by the names of the Princes Country, to which they were applied: as appears in Sultan, Ameras, Amermumnes, and Mumnes, Chagan (the same with Chan) and the like copiously mentioned by Simocatta, Anna Comnena, Codin, Apomazar (or Achmet) Cantaeuzen, and the more obuious Orientall autors. And, they neuer agreeing willingly to that Translation from them, but supposing themselues as Emperors of new Rome (for so Constantinople was called) to bee as the legitimat successors of that maiestique Title Lord of the World. [...] (wherewith Antoninus long before blazoned Volus. Maetian. ff. ad leg. Rhod. l. 9. himselfe to Eudaemon) could hardly but endeuor such distinction of names, that, One might be peculiar to their own Greatnes. Which, how could they better do, then by keeping their own to themselues (that is, Basileus) and giuing other Princes the language of euerie one's own Territorie? And the Princes of Sicily receiued of Constantine the Great (take it on my Niceph. Gregoras hist. 7. autors credit) Rex for an hereditary Title. Indeed, [Page 25] that Basilius had more reason to take hereof greater care, being the first of them, after the Translation to Charles the Great, that was likely to haue regained his Predecessors glorie. And therefore his Bishops in that VIII. Generall Councell at Constantinople did also nomen imperiale (as one Anastas. de vit. Pontific. in Hadr. 2. saies of the VVestern part) nostro Caesari penitùs inuidere; to which affected Greatnes an old Annal. incert. auct. sub anno 876. Edit. à Pitbaeo. eadé autem Sigebertus. autor alludes, speaking of Charles the Bald King of France; that Omnem consuetudinem Regum Francorum contemnens Graecas Glorias optimas arbitrabatur. Et vt maiorem mentis suae elationem ostenderet, ablato Regis nomine, se Imperatorem & Augustum omnium Regum, Cis mare consistentium, appellari praecepit. But in later times, the difference was lesse respected; which is plainly seen in those Letters of Otho Frisingens. de gest. Frederic. lib. 1. cap. 24. Calo-loannes to Conrad III. thus inscribed: Toannes in Christo Deo Fidelis Rex, Porphyrogenitus, sublimis, Fortis, Augustus, Comnenos, & Imperator Romanorum ad Nobiliss. Fratrem & Amicum Imperij mei. And answered by Conrad, calling himselfe Romanorum Imperator Augustus, and Calo-Ioannes, illustris & Gloriosus, Rex Graecorum. VVhence also it is euident, that, Rex was not a name of contempt at Constantinople. For then would not Conrad haue called Iohn by that name. Neither, for that point, is aduantage to bee taken of the word Rex in the Eastern Emperors stile. For, it is most likely that his Greek (out of which I suppose, my autor had it translated) was their [...]. Some of the German Epistolae Henrici IV. Emperors also (as it seems) thought not Rex alone vnfit for themselues in prescribed titles of their Letters to other Princes. And on the other side, those of other. Nations haue iustly taken to themselues Imperator. Our ancient Edgar in his Charters, called himselfe Albionis & Anglorum Basileus; and, Pat. 1. Ed. 4. part. 6. memb. 23. Et, Totius Albionis Monarcha & Basileus, saepius in Diplomatibus Monast. Crowlandensi consignatis. in one to Oswald Bishop of Worcester: Cunctarum Nationum, quae infra Britanniam includuntur, Imperator & Dominus; which one of his successors long since [Page 26] as rightly challenged. For, when Anselm, Archbishop of Canterbury, hauing incurred William the second's displeasure, durst yet aduenture to ask leaue of him to go to receiue his Pall of P P. Urban 1 1. when Rome was euen bleeding of her wounds taken in that great Schism about Wibert Archbishop of Rauenna, whom Hen. IV. taking vpon him the imperiall supremacie, would haue inuested in the Popedome; the King, at the very name of the Pope, was extremely mou'd; and thus was his reason. Dicebat (saith Matthew Paris) Imperator sui officij esse quem vellet Papam eligere, nec erat alterius Apostolicum etiam nominare. Rex Willielmus allegauit eandem rationem, quod nullus Archiepiscopus vel Episcopus, regni sui Curiae Romanae vel Papae subesset, praecipuè cum ipse omnes libertates haberet in Regno suo quas Imperator vendicabat in Imperio; which withall shews how false that of Bertold of In ap. ad Herm. Contract. ann. 1084. Circ. M. C. L. Constance is, slandering William the first with slauish submission of England to the See of Rome. So when Alfonso the VII, King of Castile, had gotten most of Spains territories vnder him, rediens (saith the Roderic. Toletan. lib. cap. 7. Storie) Legionem, imposuit sihi Imperij Diadema, & vocatus fuit deinceps Imperator. Which notwithstanding is against the flattering rules of the Imperiall and barbarous Bartol. ad Con. ff. §. Om [...]em. Ciuilians, who, of the German Emperors, haue durst deliuer, that Ratione Protectionis & Iurisdictionis, Imperator est Dominus Mundi, quia tenetur totum mundum defendere & protegere, sed Particularium rerum non Dominus sed Princeps. As if that weaker Greatnes extended in any of their times beyond Italy and Germany (For, that long since spoken of the Roman Empire, that it was Lamprid. in Alex. Seuero. Imperium quod tenet Imperium, long since also failed) And, in those countries, hath not been so gelded, that scarce any King is, but hath his power neerer to his name. The Tramontan Doctors haue been of another opinion, as they had reason liuing in other States. They [Page 27] allow the Chassan. Catal. Glor. Mundi part. 5. consid. 27 Vide, si placet, Alciat. de Sing. Certam. cap. 32. Emperor to haue supremacie, but not ouer the King of France, nor Spain; they might well adde, nor of England, Scotland, Danemark or the like, which by prescription of time, regaining of right, or Conquest are (as the other) in no kind subiect or subordinat to any, but God. And therefore, by an act P [...]rl. 5. Iacob. 3. cap. 30. of Parliament of Scotland, it was long since ordained, Sen our souerain Lord hes full iurisdiction and Free Empire within this Realme, that his hienesse may make Notares and Tabelliones, quahis instruments sall haue full faith in all causes and contractes, within the Realme: And in time to come that na Notar be maid, or to be maid, be the Emperours authoritie, haue faith in contractes ciuill within the Realme, lesse then hee be examined be the Ordinar and apprieued by the Kings hienesse. Which act, it seems, had it not been for the Imperialls there in vse, according Bald-in Feud. quis dicatur Dux. Et Wesenbech. in Paratit. ff. De fide instrument. to which, Publique Notaries are to bee made only by the Emperor, his Palatines, or such like, need not to haue been made. For what might not a King (absolute in regard of any, superior) do, which the Emperor could? And, in England that constitution of Publique Notaries Regist. Orig. fol. 114. b. in breu. de Deceptione. was long since without scruple, or any Act for it. Therefore, as the name of Emperor was (notwithstanding some particular differences) lawfully giuen as well to him of the East, as of the West, and allowed so by the VVestern Act. 8. Synod. Oecumenic. Dist. 63. c. Hadrianus vide verò Capitis 5. extremum; vbi Foedus, quod icerunt Rodulph. 11. & Achmetes Turcarum Imperator. part; in like form it is or may be without difficultie applied to, or vsed by any which is truly a King. The Dukes of Moscouy anciently had no other title then Weliki Knesi i. in Russian, Great Dukes. But Basilius that gouerned there about M. D. XX. (Grandfather to the last Theodor) took to himselfe the name of King or Emperor i. Czar, not deriued from Caesar (which interpreters mistaking, wrot him Emperor; and thence is it that wee now vsually call him Emperor of Russia, because Caesar is grown as it were proper only to an Emperor) but a meer Russian [Page 28] word, they vsing Kessar expressely and anciently for the Emperor of Germany, different from Czar. Yet this title hee vsed not to all Princes. In his Letters to the Emperor, the Pope, the King of Swethland and Dane, the Gouernors of Prussia and Liuonia, and to the Great Turke, hee vsed it, but not to the Polonian. Neuter n: (saith my Sigismund. Com. Rer. Moscouitic. & Ga guin. Moschou. cap. 5. Imperator totius Russiae in titulo dictus, apud I. Fabrum in Epist. ad Ferd. Archiducem. autor) horum alterius literas nouo titulo auctas accipere dignatur. They are neighbours, and therfore the more suspect each other. But that Basilius held himselfe rather the better man being compard with the Emperor, Nomen suum & titulum Imperatorio semper praeponens, siue loqueretur siue scriberet. With his precedence, I medle not. But I see not reason why he might not vse either the name of King or Emperor out of his own autority, as well as the Emperor. Neither needed he haue writen to the Pope for the name of King, as some affirm hee did; But Sigismund beleeus it not, because he was euer an enemie to the Pope, and the best title he could find for him was neuer aboue Doctor. For that of King in Letters to the Polack, this Basilus his sonne (saith Gaguin) vsed it to him, that is, Iohn Basiliuitz, sed a Polono nunquam (saith he) nisi MAGNI DVCIS titulo honoratur. Other Lit Reg. Elizab. ap. Hakluit. part. 1. pag. 339. Princes giue him somtimes the title of Emperor, somtimes Great Duke and King. But you shall very often meet with the name of King giuen to those which were in Clientela Imperatoris, as, of old, the Princes constituted by the Romans, in Parthia, Armenia, Arabia, Persia, Iury, and other parts of the world. For they had (as Tacitus In vit. Agricolae. saies) instrumenta seruitutis & Reges. And in later times the Emperor created Kings, as other titles. Frederique Barbarossa in M. CLVIII. made Radeuic. lib. 1 cap. 13. verum titulo Regio à Philippo Anti-Caesare donatus est Primislaus M. C. XCIX. Arnoldus Lubecensis Slauor lib. 6. cap. 2. Ladislaus, Duke of Bohemia, King of the same Territorie. For, that which Otto de S. Blasio hath of it, vnder M. C. LXXXVI. is to bee referred to that time. And other such examples are. These may bee and are called Kings, and had in [Page 29] them (potestatem gladij) power of life and death as, in the ceremonie of their inuestiture, is exprest, which was by deliuering a sword. Est n. consuetudo Curiae (writes an Otto Frisingens de Frederic. 1. lib. 2. cap. 5 vbi librarioum fortean Typographi incuriâ Sueuus & Guuto perperàm leguntur. ancient Bishop) vt regna per Gladium, Prouinciae per Vexillum à Principe tradantur vel recipiantur. Petrus verò, 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 portau [...]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 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 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 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: 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 [Page 30] 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: 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 est [...]yent pas faits a nous, come appiert clerement per le tenure des letters, nous ne vous en fesons nul response. You know that Martial. Epig. 18. lib. 2. vpon Maximus
Therefore did Francis the first of France much dislike, that, Charles the v. should 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 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 [Page 31] Ex Instrum. lib. Hospital. S. Leonardi Eborms. Idem ferè in Alred. Rhtuallensis Vitâ S Edwardi. Verùm ab Anglorum aduentu ita dictam scribit 10. S [...]risburiensis Policratic. 6. cap. 16. alij ab Hengisto, vt Hector Boet. Scot. hist. 7. & 10. Gower Epig. in Confess. Amantis, & Harding [...]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 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 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 Transactio inter Hen. 1 [...]. & 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 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 Sr 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 [Page 32] 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 Chronic. Mannae. K. Iohn, and likewise to Henry III. yet thus Henry III. speakes in his Pat. 3. Hen. 3. memb. 1. Letters of him. Sciatis quod dilectus & fidelis noster Reginaldus Rex de Man venit ad fidem & seruitium nostrum, & nobis homagium fecit. Et ideo vobis mandamus, quod in terram ipsius Reginaldi Regis de Man, saluo & secure veniatis, & negotia ibidem expectatis, quamdiu fuerit ad fidem & seruitium nostrum. T. Domino P. Wintoniensi Episcopo, apud Nouum Templum Londini XXIII. die septemb. anno &c. III. These kind of titles misgiuen or mistaken was the cause of that great Attribute, of King of Kings, vsed by some supreme Monarchs. It first was in the first of the foure Empires. Nabuchodonosor Daniel cap. 2. [...] Ebraicè [...] quo nomine Romanum Imperatorem vetustiss. Rabbinis dictum notat. CL. V. & literarum (dum vixit) praeses IS. Casaubonus ad Trebel. Pollionis Valerianos. is so stiled in holy Writ, beeing then King of Babylon. And, it seemes, in Moses, as much is signified; whence hee, reciting the warres of diuers petit Kings, beginnes, Genes. 14. And it came to passe in the dayes of Amraphel K. of Shinaghr (i. of Babylon) that the other Kings did thus and thus. Keeping his note of time, vnder his name, which was King of those Kings. And after the translation of the Empire to the Persians, Artaxerxes Mnemon in his commission to Ezra, for restitution of Ierusalem and the Temple, thus Ezra cap. 7. salutes him. Artaxerxes (or Arthahastha, as in the Originall) King of Kings to Ezra the Priest. And on the great Cyrus his Tomb was for an Epitaph writen in Persian characters, if you beleeu Eustath. ad Dionys. [...]. & Strab. Geograph. 15. the autors,
which title also that conquering Diodor. Biblioth. α. Sesoosis K. of Egypt (the same with Sesostris in Herodotus) attributed to himself in his erected columnes of Victorie. The like had Artaxerxes Longimanus of Persia in Hippocrat. in Epistolis. letters to and [Page 33] from him, who is in them also stiled [...]. the great King. This of Great King was vsed in the first Empire, as you read it in the storie of Iudith cap. III. Thus saith the Great King, Lord of all the earth. But that whole relation seems rather a holy Poem then a Storie, as, by comparing of Times, in it and authentique writ, appears. Neither is any such matter known among the Ebrewes but from Europe: although they haue her name in Brought. in Concent. another report of some CL. before Christ, which hath scarce any communitie in matter with this. For better authoritie, take this of the Esa. cap. 36. 4 [...] Prophet: So saith the Great King, the King of Assur. The same, applied to the Persian, hath Herodotus, Xenophon, Iosephus, the Apocrypha of Esther, and Aeschylus. And the bare Scholiast. Aristophan. in A [...]. name of [...] i. The King, without addition, is specially vsed for the Persian, whence the nation is Dionys. Afer. in [...]. stiled also— [...]. So that both those titles were common to both those Emperors (of the two first Empires) but not that ceremony of Supremacie (which by the way I note; because it falls mongst things here treated of in storie) of demanding a portion of Earth and Water, by their Heralds, of such Princes or People as should acknowledge themselues vnder their subiection. That is often spoken of as done by the Persian, and a speciall example of it is in Darius Herodot in Melpom. Letters to Indathyrsus King of the Scythians, where he first inuites him to the fiield, but, if he would not, then, [...] THN [...], i. bringing to your soueraign as gifts, Water and Earth, come to a parley; and, one of Xerxes his Embassadors, that came to demand Polyb. hist. [...]. in orat. Lucisci. & de hoc more, Plutarch. in Themistocle. Earth and Water of the state of Lacedaemon, to satisfie him, was thrust into a Well, & Earth cast in vpon him. But referred to the Assyrians I find it not, except only in Iudith cap. II. where the King commands Olophernes that hee should bid all the Western Nations [...] i. prepare me Earth [Page 34] and Water. But I ghesse, the composer of the storie, in a later age, was bold hither to transferre it, as a fit form of command for his supposed Nabuchodonosor: Although I know, a most Drus. Obseruat. 12. cap. 20. learned man of this time, makes it indifferent to both Empires, grounding himselfe on that of Iudith, which indeed, without speciall regard to profane storie, cannot be vnderstood. Nor is this custom altogether a stranger doubtles to that which Hist. Nat. 22. cap. 4. Pliny speaks of; Summum (saith hee) apud antiquos signum Victoriae erat, Herbam porrigere Victos, hoc est, terrâ & altrice ipsâ humo, & humatione etiam cedere: quem morem etiam nnnc durare apud Germanos scio. Whence came the phrase Herbam dare, or porrigere for yeelding, applied Nonius & Festus. most of all to such as lost in Games of running, leaping, wrastling, and such like. In Agonibus (saith In Antiquitatib. apud Seruium in Aeneid. 8. Varro) herbam in modum palmae dat aliquis ei cum quo contendere non cupit, & fatetur esse meliorem. And the taking vp of fish amongst water out of a Well was interpreted as a promise of the Dominion Semus ap. Athen. Dipnosoph. 8. of the Sea, to the Athenians in their sacrifices in Delos; as also, when William the Norman first landing at Hastings in Sussex, fell down, stumbling as he came out of his Ship: Tenes Malmesbur. de gest. Reg. 3. Angliam Comes (said one of his Knights) Rex futurus; and, espying that Hist. Normanic. ap. Camd. in Reliquijs. he had brought vp Sand and Earth in his hand, added; Yea and you haue taken Liuerie and Seisin of the Country. But, this somwhat out of the way. That of King of Kings hath been vsed by other States beside any of those Empires. After the Persians, their neighbours the Parthians had it. Regem etiam Regum & exercitatione venandi & conuictu Megistanûm abstinuisse, quod apud Parthos iustitij instar est, Is the report of In Caligul. cap. 5. Vid. Treb. Poll. in Valeriano. & ibi Casaubon. Sueton vpon the death of Tiberius. whence, it seems, it was left long after to Const. Porphyrogenit. de administr. Rom. Imp. cap. 44. the Prince of Armenia, stiled [...], i. Trebellius Poll. in Valerian. Princeps Principum. the Prince of Princes, as the elder Valerian was expressely titled in letters of an Eastern King. Of the Egyptian Sesostris, [Page 35] before. How the Western Emperors affected it, I remember not: only, as you know, the iest, of Maximilian, was, that whereas others were Reges Hominum, hee was Rex Regum, because his subiects would do what they list. Its found among the titles of our Soueraigns Ancestors, when vnder them they had Kings for subiects. In a Charter made to the Abbey of Malmesbury, in DCCCC. LXXIV. you may read: Ego Edgarus totius Albionis Basileus, necnon maritimorum seu Insulanorum Regum circumhabitantium. And in Pat. 1. Ed. 4. part. 6. memb. 23 Pro Pr. & Conuentu Wigorn. another DCCCC. LXIV. the subscription is: [...] Ego Edgar Basileus Anglorum & Imperator Regum Gentium. Note the Maiestie of his title, well iustified by his own conquests. Ille cum ingenti Classe (saith Florence of Worcester) septentrionali Britanniâ circumnauigatâ, ad Legionum Vrbem (vnderstand Chester; not Leicester, as some idly) appulit. Cui Subreguli eius octo Kinathus scilicet Rex Scotorum, Malcolmus Rex Cumbriae, Maccus plurimarum Rex Insularum (this Maccus is, in Malmesbury, called Maccusius Archipirata; I suppose him then a King of Ireland, Man, or some adiacent Isles) & alij quin (que) Dufnallus, Siffrethus, Hudwallus, Inchillus, (all Kings of Wales) vt mandarat, occurrerunt, & quod sibi fideles, terra & mari, cooperatores esse vellent, iurauerunt. Cum quibus die quadam scapham ascendit, illis (que) ad remos locatis, ipse clauum gubernaculi arripiens, per cursum fluminis Deae, peritè gubernauit, glorying afterward to his Nobilitie, tunc demùm quém (que) suorum successorum se gloriari posse Regem Anglorum fore, cum tot Regibus sibi obsequentibus potiretur pompâ talium Non Bonorū: vt in vulgat. Cod. Florent. Wigorn. pag. 359 honorum. The like almost being before in his vncle Athelstan, who (as Malmesburies words are) Ludwalum Regem Omnium Wallensium (I read Occidentalium Wallensiam, as Florence of Worcester and Roger of Houeden peswade; and that Ludwal was Howel Dha.) & Constantinum Regem Scotorum cedere Regnis compulit. Quos in. non multò post miseratione infractus in antiquum [Page 36] statum sub se regnaturos constituit, gloriosius esse pronuncians Regem facere quam Regem esse; not much differing from that Martel of France, on whose Tomb was Hierom. Bignon, De l'excell. des Roys. liure 3. written;
imitated in more true verse thus:
For that of Athelstan, because some slight the report and endure V. Buchanan. Rer. Scotic. 6. Reg. 75. not vsuall autorities hereof, you may see the concent of Ethelwerd, Houeden, Florence of Worcester, Marian the Scot (which for good part, is very Florence of Worcester; his common Chronicle, publisht, beeing but a Defloration composd by Robert of Lorrain Bishop of Hereford vnder Hen. [...].) Huntingdon and other ancients. But those commanding honors in Edgar, added enough also to the allowance of the title of Emperor, which, you see, he vsed. Others by making our Soueraigns as successors (in this part) to Constantine the great, confirm it. Its the more to be regarded comming from a great Lawier and a Palatine Basing stoch. hist. 2. not. 20. Doctor, who commenting vpon a piece of that fabulous Oracle of Diana giuen to Brute,
makes it fulfilled in Constantine, and cites S. Gregorie writing to K. Ethelbert of Kent, & eum quasi Constantini Magni successorem alioquentem. I confesse, his Genius must haue better vnderstanding of S. Gregorie then mine, or els there is no such matter to be collected in [Page 37] him. You may see his Gregor. lib. 9. Epist. 59. & 60. Epistles. But hee may not be blam'd for insisting vpon Constantines birth here. Its most likely that, in Britain, he was born. Liberauit ille (saith Panegyric. dixerint licet & v. Panegyric. Facerem. one to him, speaking of his father Constantius) Britannias seruitute, tu etiam nobiles, illîc Oriendo, fecisti: which Testimony I preferre before Nicephorus Callistus, affirming his birth at Drepanum in Bithynia; or Mathes. lib. 1. Iulius Firmicus, that saies, at Tarsus; or Cedren, that writes, in Dacia. I doubt not, but the Panegyrist could as well know, as any of them, and better, saue only Firmicus, whose passage thereof may well be thought corrupted. The other two being of much later time. Lipsius here De Magnit. Rom. 4. cap. 11. erroneously follows Callistus, and one Leuinaeus, a new Scholiast vpon the Panegyriques, after him. His mother was De hâc Heroinâ, post alios innumeros, consulas Luitprand. Ticinen. hist. 1. cap. 8. vbi legendum, Britannica mater, non Ritannica, vt in procusorum nonnullis. Helen (shee is honourd in the Church to this day, in the Feast of Hir Inuention of the Crosse) a British woman, and, as is supposed, daughter to King Coil. But for his birth in this Isle you shall haue imperiall autoritie of which, as vsed to this purpose, I dare challenge the maidenhead. Constantine Porphyrogennetes (hee was Emperor of Constantinople about DCCC. XX.) aduising his sonne Romanus that hee should by no means marrie a stranger, because all Nations dissonant from the gouernment and manners of the Empire, by a law, of Constantine the Great, establisht in S. Sophies Church, were prohibited the heigth of that Honor, excepted only the Franks, addes reason of the excption [...] (i. Constantine the Great) [...], because Constantine was born amongst them: which could aime at no other country but Britain. For where, in Europe, hath any man supposed him born, but here, or in Dacia? And the barbarousnes of Dacia in those times could not admit the exception, by all likelyhood. And who knows not that familiar vse of Franks for Western Europeans, among the Constantinopolitans of later times? [Page 38] The tradition then acknowledged by his successors, preserued mongst vs, and appearing in such monuments of ancient times cannot easily be impugned. And, for men of this age, Our light of Britain, most learned Camden Clarenceulx, and that great Chronologer Cardinal Baronius are confident on this part. Hereto take an antique Robert. Glocestrens. ms. hist. metricâ. rime spoken as to King Arthur:
But none of these so really iustifie the supreme title of Emperor in our Soueraigns, as their own immemorially possest Right. Remember what I haue before of William II. and obserue that vnreasonable and most vniust request of the Emperor Lewes of Bauiere to our Edward III. in their mutuall salutations of State at Cologne. The Emperor thought much quod Rex Angliae (saith Walsingham) non se submisit ad oscula pedum suorum. Cui responsum fuit quod Rex Angliae Rex erat inunctus, & habet vitam & membrum in Potestate sua, & idcircò non debet se submittere tantum sicut Rex alius. Which I the rather cite in regard of that vse among som of the Roman Emperors to be honord by a Kisse to their Feet. For, whereas it was vsuall either to kisse Cicer. in Verr. act. 5. de Herculis statua. & Lucret. lib. 1. saepè salutantum &c. the Images of their false Gods, or adoring to stand somwhat off before them, solemnly mouing their right hands to their lips, kissing the Apuleius Miles. 4. & Plin. hist. 28. cap. 2. alij. & videsis 1. Reg cap. 19. 18. & Iob. 31. com. 26. & 27. forefinger ioined with the thumb, and turning about their bodies on the fame hand (of which form, a good relique is in the Courtsalutations vsed in most places at this day, as learned P. Pithaeus Aduers. 1. cap. 7. & Lips. Elect. 2. cap. 6. men haue obserued) it grew also, by custom, that Princes beeing next to Deities, and, by some accounted as Deities, had the like done to them, in acknowledgment [Page 39] of Greatnes. Nay, it was not wanting to som of the Roman Generalls, before the Empire began, as the Storie of Cato Minor proues, whose Hands the Army, in speciall honor of him at his departure, kist, beeing a fauour which few Plutarch. in Cat. Min. de hac re vide eum in Bruto, vbi de coniuratis in Caesarem. of his place in those daies receiued among the Romans. But, for kissing the mouth (to omit that of Samuel to Saul in his annointing) its apparant that in the Iulian Empire it was very vsuall at first. Oscula cottidiana (saith Sueton, of Tiberius) prohibuit edicto. Yet his Edict against them, so took not the vse away, but that it was frequent, after him, in their salutations. The reading of Martial alone tells euery man enough of that. But, when som of his successors could not content themselues with the name of Man, but would be call'd Iupiter, be suppos'd carnally to lie with Uenus and the Moon, and with infinit such like fanatique conceits seemed to themselues Diuine, they were not satisfied with that vsuall custom, but thought him much to wrong their maiestie which in kissing presumed aboue their Feet, although some permitted their Hands, and Knees to the better rank. Examples of the Feet and Hands are in Dio Cass. hist. 59. Caligula (and in him first) and of the Knees, Feet, and Hands in the yonger Maximin; yet his father, the elder Maximin although a tyrannicall and most wicked Prince, would Capitolin. in Maximino Iuniore. suffer none to his Feet; Dij prohibeant (were his words) vt quisquam ingenuorum pedibus meis osculum figat. But Diocletian (as Pomponius Laetus writes) constituted by Edict, vti omnes, sine generis discrimine, prostrati pedes exoscularentur: quibus etiam venerationem quandam adhibuit exornans calciamenta auro, gemmis, & margaritis. As the Bishop of Rome doth for those which kisse his Foot; being in a crimson Basingst [...]ch. hist. Brit. 6. not. 9 veluet shooe with a golden crosse on it. A ceremony anciently vsed to other Casaubon. Exercit. 14. §. 4. in Baronium. Bishops and great Prelats as well as the Pope. But, of this custom to the Emperors, Et Tenu êre (saith Lipsius) [Page 40] superbum, ne dicam impium hunc morem (quid n. homo, infra hominem, hominem abijcis?) Principes aliquot secuti, sed non è bonis. And of one of their best Princes, Alexander Seuerus, is deliuered, Lampridius in eius vita. that Salutabatur nomine, hoc est, Aue Alexander. Siquis caput flexisset, aut blandius aliquid dixisset vti adulator, vel abijciebatur, si loci eius qualitas pateretur, vel ridebatur ingenti cachinno, si eius dignitas grauiori subiacere non posset iniuriae. That, to the Knee, was of later time in the Helmold. hist. Sclauor. 2. cap. 15. edit. Reineccij. v. Cantacuzen. hist. 1. c. 16. Eastern Empire, which Conrad III. extremely dislikt at his enterview with Emanuel Comnenus, neither would he, for honor to the Person he did beare (being Emperor of the West) so much as permit the Emperor Emanuel to sit and receiue a kisse of salutation from him standing. Whereupon the matter was compos'd by their Counsellors on both sides, so, that in Equis se viderent, & ita ex parilitate Conuenientes sedendo se & osculando salutarēt. Neither would Muleasses, King of Tunis, kisse Pope Paul III. his Foot, but Knee only. Kissing the Hand is yet vsuall by Inferiors, or by those which giue token of their seruiceable loue to Great Persons; as it was anciently Arrian. in Epictet. 1. cap. 19. Senec. Ep. 119. alibi. also. And some reason for it may be collected out of that in Pliny. Inest (saith Hist. 11. c. 45. he) in alijs partibus quaedam religio, sicut Dextra Osculis auersa appetitur, fide porrigitur. It hath been, it seems, deriued out of Asia into Europe. When the old Persians meet (saith mine Herodot. in Clio. autor) you may know whether they he Equall or not. For in Salutation they kisse each other, but if one bee somwhat inferior they kisse only the cheeks: but if the one be farre more ignoble ( [...] Hâc fere phrasi vtitur D. Matth. cap. 4. com. 9. at (que) idē est quod Curtio lib. 8. procumbere. [...]) he falls down and adores the other. Where, note by the way, the word [...] i. adoro. And as Adoro hath its deriuation from putting the hand to the mouth, quòd ad ora siue ad os manum (or rather digitum Vide verò Hesychium in [...]. salutarem, whence the forefinger had that name à salutando) admouemus, which, against other idle Etymons, will be iustified, [Page 41] so [...] is truly interpreted in Adosculor (if the composition bee lawfull) or Adoro; both signifying to honor by kissing the hand. Qui n. adorant (saith S. Defens. contra Ruffin. lib. 1. Hierom) solent deosculari manum & capita submittere—& Hebraei, iuxta linguae suae proprietatem, deosculationem pro veneratione ponunt; whereupon hee turns [...] in Psalm. 11. Adorate filium, which others make Osculamim filiū. And, that in this sense, Adorare is alone taken, this passage in Historiar. 1. verum etiam adorare & [...] nō nunquam pro corpus humi prosternere antiquitus accipitur, vt videre est in Esth. Apoc cap. 13. com. 20. Aemilio Probo in Conone, alibi. Tacitus will enough explane. Nec deerat Otho protendens manus adorare vulgum, iacere oscula, & omnia seruilitèr pro Dominatione. But, the Falling down, added to the Adoration, was the greatest and the Persian honor vsed towards their Potentats & Kings. Thence haue you adorari more Persarum & [...]. Which is exprest by Euripides thus personating Phrygius, to Orestes,
And Ipse (saith Lampridius of Alexand. Seuorus) adorari se vetuit (that is with the Diuine respect of kissing the hand) quum iam caepisset Heliogabalus adorari, Regum more Persarum. Another of Trebellius Pollio in 30. Tyrannis videsis Theophil Ad Autolic. lib. 1. de adorando Caesare. Zenobia: Adorata est more Regū Persarū. Whence, Seneca De Beneficijs 2. cap. 12. speaking of Caligula's offring his foot to kisse, saies, he was homo natus in hoc, vt mores liberae Ciuitatis Persicâ seruitute mutaret. But, in Alexanders turning the Grecian libertie into this seruitude, Q. Curtiꝰ expresses it by venerari procumbre, & humi corpus prosternere. And therof saith Iustin, Retentus est à Macedonibus mos salutandi Regis, explosa adoratione. Wheras plainly Adoration, & Salutation with a kisse of the hand, is all one in the right sense of the word. How much the greatest kind of adoratiō is vsed to the Great Duke of Moscouy, the King of Calecut, the great Chan, the Turk, and such more you may easily see in Relatiōs of their States. How the Iewish Nation auoided it, the story of Haman & Mordechai discouers. And you may remember Pet. Vict. Hist. septenarie liure. 1. Philip II. of Spain his answer to the Embassadors of Germany, reprouing him because he wold haue euery [Page 42] man speak to him kneeling. He excused it, only lest, he being so short, his taller subiects should be aboue him. But among the Persians Xenoph. Cyropaed. 1. & 5. & in Agesilao. also it was in vse to Kisse at their Farewells, as likewise among the Gen. 31. 28. Iewes. And som think that it was, as an honor, in the Roman state, to their women whom their Plutarch. problem. Rom. 6. v. cum de virt. Mulier. Plin. lib. 14. cap. 12. alios. kinsmen only (not others indifferently as the vse was betwixt Men) kist at their salutations, although diuers other reasons are deliuered for that matter. And when Eumaeus, in the fields, first saw his yong maister Telemachus, newly come home,
he met him, he kist his head, his eyes and both his hands. And when the Argonautiques came to Chirons Den to see Achilles, Chiron entertaind them, and
kist euery one of them. Where, and in other examples, it appears that a kisse giuen and taken, was accounted as a speaking and mutuall signe of obsequious v. si vis, C. de Domestic. l. 1. & ibid. DD. vbi ad osculum admitti, honos maximus. or peacefull loue, according to the qualitie of the Persons receiuing and giuing. And in Greek [...] is both to loue and to kisse, as it is also to this purpose obserued, I remember, somewhere in Xenophon. So I vnderstand Laban's kissing of Iacob, and Esan's also, although a Iewish Rabbi Ianna ap. Buxtorf. Thesaur. Gram. 1. cap. 5. fable supposes, that he fell on Iacob to bite him, and that Iacobs neck presently became as hard as marble, and so resisted his teeth. In like manner vnderstand that of the D. Luc. 7. com. 45. Euangelist, Thou gauest me no kisse, but shee from the time I came to her, ceased not from kissing my feet; and sufficient analogie is twixt this kind, and the [Page 43] Holy Kisse, or Kisse of Charity, in the Primitiue Church which is spoken of in the holy Epistles, and, with which Christians after Tertullian. lib. de Orat. & Origen. lib. 10. in Epist. ad Rom. c. 16. their solemn prayers, vsed to salute each other. In the storie also of Thomas of Canterburie vnder our Henry I [...] soft (as elswhere) occurres, the receiuing him in Osculo Pacis. It hath been vsed to the Feet in Homages done vpon inuestitures, as you may Ms. vet. apud. Camd. & vide G. Gemiticens. lib. 2. cap. 17. De fide data, osculo libato, & porrectâ dextrâ vide Suid. in [...]. see in that of Rollo or Robert, first Duke of Normandie, receiuing the Dutchy from Charles the simple, and such more. Hence at this day it so farre continues, that when the Tenant doth Homage to his Lord or King, he is, among other ceremonies, to kisse him, whereupon in time of Henry VI. a great plague Rot. Parl. 18. Hen. 6. artic. 5 [...]. being about London, a peticion was put vp in Parliament, desiring the King for his owne preseruation To ordain and grant (so are the words of the Roll) by the autoritie of this present Parliament, that eueriche of your said lieges, in the doing of their said Homage, may omit the said Kissing of you, and be excused thereof, at your will (the Homage being of the same force as though they kissed you) and haue their letters of doing of their Homage, the kissing of you omitted notwithstanding; and the subscription is Le Roy le voet, as the vsuall words of his consent are. And for the subiects to kisse their King; I read, R. Abenezra ap. Drus. Obseru. 2. cap. 16. it was vsuall in India, whereas on the other side those of Numidia, more gentis suae, nulli mortalium osculum ferebant. Which my Ualer. Max. l b. 2. cap. 6. autor commends in them, and giues this his reason, Quicquid n. in excelso fastigio positum est, humili & trita consuetudine, quo sit venerabilius, vacuum esse conuenit. But, of Kissing, too much. It must be then concluded, that to such Princes as haue their own right next vnder God (as our Soueraigns, and diuers other) may well be challenged, with respect to what they Rule, any Title, that the Emperors haue had to expresse them as Monarchs or great Potentats; those other Kings hauing their Monarchies [Page 44] (regarding the particular libertie of euery ones Country as in supreme and sure right [...] Aristot. Politic. 3. cap. 10. [...] i. by reason of their lawfull succession, as any Emperor possibly could haue. The Latin, Greek, and the chief Eastern tongues for KING are before mentioned. In the Prouinciall languages or Romances (as the French and Spanish are called) Il Re, Roy, & Re are plainly from Rex. But the Dutch, Danish, and English word Coning, Konig, or King (which is but a contraction of the first) is of a particular notation, and by originall of its own. It signifies Mightie or Potent: not so much Wise or Valiant as some will. Who sees it not in our common word, Can, for Posse? So that Coning or King is literally Dynastes. Hence some will haue our word Queen (for the Kings wife) as contracted of Konigin or Cunigine, which would be strange in her, if it be interpreted Stout or Valiant words rarely applied to that Sex. I rather ghesse it from Quen, which by pronunciation became Queen. Quen interprets a Companion, and is the same with Comes. Take for it, this testimony out of an old Siperis de Vineaux chez, Claud. Fauchet en l'orig. dez Dign. 2. c. 5. Romaunt:
And, who knows not, that, in our French statutes our Queens are ordinarily calld Le compagnon nostre seignior le Roy, or Companie as it is in Britton, and somtimes in Latine Consors nostra? And, in the Ciuill law, the Empresses are Consortes Augusti. Agreeing with this exactly is the old Dutch, wherein Vulcan. in specim. ling. septent. pag. 65. & 66. Gomman and Quena are Man and Wife. A word somwhat neer, among our ancient Britons, signified King or some such like; I meane Cuno, beeing so often in their and the Gaulish Kings names, as, in Cunobelin, Cuneglas, Cyngetorix, Cunedage, [Page 45] Congolitan, which occurre in Caesar, Tacitus, Dio, Polybius, and others; and Cynoc in British (so, most learned Camden teaches mee) is Chief or Principall. But their speciall word for King is Brennin or Uhrennin. In old Indian [...] was a King, if you beleeu some Io. Tzetz. in Chiliad. & Mes. [...]. in [...]. Grammarians thence deriuing Dionysius (that is Bacchus) from [...]. But, I remember, the Phoenix Scalig. animaduers. in Eu-Euseb. pag. 41. of learned men slights it as a toy of Daring grammaticasters, as questionles he might well. In the Ionique, [...]; whence Lycophron calls Iupiter [...]; and Is. Tzetz. ad Lycropron. Hipponax, [...]. The Lybians, if you credit Scholiast. Pindar. Pythionic. [...] & Herodot. [...]. autoritie, vsed for him the word [...]. In the holy tongue of the Aegyptians [...] exprest this Title, as Manetho apud Ioseph. adu. App. 1. some say. In Ethiopian, Negush; In Turkish and Persian, Padescha. In Slauonique n Cral, and, the Queen, Cralna, which the Polonians call Crol, and Crolna. Whence the later Greeks haue Georg. Acropolit. Chron. Constant. & ad illum Theodorus Douza. [...] and [...], for the King of Seruia and Hungarie, and [...], and [...] for Queen.
Title of Dominus or Lord prohibited by some Emperors. Dominus and Rex vsed in ordinary salutations. First Emperor that permitted himselfe to be called Dominus. First that writ himself so in his Coins. [...] and [...]. Amera. Maranatha. A Iewish sect allowing Dominus to none but the Almightie. A coniecturall reason of their error. Adonai. The Tetragrammaton name of God, when and how it was spoken amongst the Iewes. [...] absolutely. Signior, and Senior for Dominus, or a superior Gouerner. Alsheich, and Sheich among the Arabians. The Persian Schach, and Saa. Dominus. Spanish Don. Punique in Plautus amended. The Phoenician, Syrian, and Graecian Salutations or Farewells. Women called Dominae after XIV. How Femaleheirs were wont to be in Ward in England. Lord of [Page 46] Ireland; how it began in our Soueraigns Ancestors. Pope Hadrians letter to Hen. II. about Ireland. Constantins Donation to the See of Rome. A Ring se [...] to Hen. II. as token of inuestiture in Ireland. The Petit Kings of Ireland, anciently. A Crown of Peacocks feathers to Prince Iohn beeing Lord of Ireland. The Dominion of Ireland anciently Royall. The Act which alterd the title of Lord into King. Lord, whence its originall. Lar and Lartes. Lauerd. Louerd. An essay of a very ancient rythmicall translation of the Psalmes. [...], and Truchtin. Milordi. The name of Gods to Princes. Antiochus his spoyling the Iewes Bibles wich Baconbroth. The name of God impiously giuen to, and taken by Princes. Swearing by Princes, and by their Genius, and by their Maiesty; and that among Christians. Punishments of Periurie committed on the Kings name. Names of Idols in Princes and Great mens names. Nergal. Siris, Nilus. Cosmas a Patriarch swearing by his own name. Names of great men not communicated to the baser multitude. Alexanders name by his request imposed on all the Priests children for one yeer.
CHAP. III.
For increase of Titulary Maiestie, other attributes were anciently giuen to Supreme Princes, which you may call Essentiall names, as the other before spoken of. These were chiefly Domini and Dij, Lords and Gods: which, by participation, were communicated also to their Magistrats, and, priuat mens Greatnes. That Sesosis King Diodor. Sicul. Piblioth. a. of Egypt, on his columnes, inscribed, with King of Kings, Lord of Lords, to himself. [...]; a title too high for humanitie, and proper D. Paul. ad Tit. c. 6. com. 25. indeed to the Great and Almightie King of Heauen. [Page 47] The Roman Octauian vtterly refusd the name of Dominus, or Lord. Domini Appellationem (saith Sueton) vt maledictum & opprobrium semper exhorruit. Cum spectante eo ludos, pronunciatum esset in Mimo O DOMINVM AEQVVMET BONVM: & vniversi quasi de ipso dictum exultantes comprobassent: & Statim manu vultú (que) indecoras adulationes repressit, & insequenti die, grauissme corripuit edicto, DOMINVM QVE se posthac appellari, ne à liberis quidem aut nepotibus suis, vel serio vel ioco passus est: at (que) haiusmodi blanditias etiam inter ipsos prohibuit. For it was vsuall (especially somwhat after Augustus) to salute ordinarily each other with the flattering language of Lord and King, as diuers places of Martial make apparant. Take this one Martial. Epig. 68. lib. 2. idē. l. 1. Epig. 113. l. 4. Epig. 84. &c. to Olus;
Tiberius would not endure this Title neither, not so much as in common salutation. Whereupon that Noble Tacit. Annal. Historian and Statesman obserues, vnde Augusta & lubrica oratio, sub Principe, qui libertatem metuebat, adulationē oderat. And, of Domitian, sings one Papinius Syluar. I. in K. Decemb. of his time.
which yet must bee either referd to meer flattery or dissimulation; or els to the infancie of his Empire. For, by his expresse command the Titles of his Letters and such like were Sipeton. in Domit. cap. 13. Dominus & Deus noster sic fieri iubet. After this Domitian, the first that enduid the Title was [Page 48] Diocletian. He se primus omnium Caligulam post (saith Aurelius Victor) Domitianúm (que), Dominum palam dici passus, & adorari se, apellari (que) vti Deum. That Apostata Iulian after his counterfeited fashion In Misopogone. prohibited it also. But howsoeuer in publique salutations it might be so much auoided by both good and bad Princes before Diocletian, it is certain, the attribute was to diuers before him. Festus Lieutenant of Iury in the point of S. Paules Act. Apost. 25. com. 26. [...]. appeale, calls Claudius absolutely Lord. Eudamon in his petition to Antonuius Moetian. ff. ad leg. Rhod. [...]. &, Rogo Domine Imperator, eidem. ff. de his quae in testam. delentur. l. 3. calls him [...] i. Lord Emperor, and the Emperor in his answer stiles himself Lord of the World; as is before obserued. And, in a golden Adolph. Occo pag. 537. Coin, of the Great and Religious Constantine, stampt with his picture sitting, and his Cour-tgard about him, this inscription is FELICITAS PERPETVA AVGEAT REM DOMIN. NOSTR. Whereby, and the like our most iudicious Camden. Brit. Antiqnary obserud, that hee first in Monies and Publique Titles was inscribed Dominus Noster. In the X. of Coecilius his Epistles, Traian is for the most part called Domine: although his Panegyrique, to him, hath Principis sedem obtines, ne sit Domino locus. And Rerum Domini they were after called:
saith one Sidon. Apollinar. Panegyric. ad Maioran. liuing when the Western Empire was euen at the last gasp. Neither these onely but Herus also was giuen them, as the most learned Casaubori obserues on Sueton's Octauius. For later times, frequent testimonie occurres in the Imperiall story. And the Greek Constitutions and other Monuments of the Constantinopolitan Emperors, commonly giue them the name of [...] i. Lords, for which in their later corrupted idiom you shall oft haue [...], somtimes Quomodo, ex isthoc corrupto vocabubulo, errores, apud Latinorum quosdam aeui Barbari, irrepserunt, videsis in Notis Theodori Douzae ad Georg. Logothetae Chronic. [...] [Page 49] & [...]. The like is and hath been in euery Kingdom of our Europe, as also in the Mahumedan state, where they haue the name of Ameras, Amir, or Amera (applied to their great Sultan) which truely (as that of Sultan doth) may expresse Dominus or Lord, deriu'd perhaps into their Arabique from the Caldee [...] i. a Lord, whom that kind of excommunication 1. ad Corinth. 16. 22. Maranatha i. the Lord commeth (otherwise to the same purpose call'd Semtha or Sematha, as it were Aliter alij, & Elias Thisb. in [...]. v. Drus. Praeterit. 4 ad D. Ich. cap. 9. [...]) hath its origination. But, of Amers, and Sultans more in their place. As some of the Emperors refus'd this name, either because it seemd a relatiue to seruus i. a bond slaue, or in respect that it suppos'd (if ill interpreted) the subiect and his substance in the propertie of the Emperor (for, in a Vlpian. ff. de S. C. Silaniane l. 1. §. 1. Lawyer of the Empire, wee read, Domini appellatione continetur qui habet Preprietatem etsi vsus fructus alienus fit; & Augustus, that so much refused it, could yet bee very well contented to be made a God while he yet liued.) So an old Iewish sect, mou'd in point of conscience with error, would by no mean's acknowledge it to any Earthly Prince, affirming, it was only proper to the Monarch of Heauen; God himselfe. The author of this sect was Ioseph. [...]. 18. cap. 2. Iudas of Galilee vnder Tiberius. He and his followers so peruersly stood for this nominall part of libertie (being, in other points, meer Pharisees) that no Torments could extort their confession of this Honorary title to to the Emperor. This Iudas is mentioned in the Act. Apost. cap. 5. com. 37. New Testament. Their Heresie thus generally is spoken of by diuers receiuing it from Iosephus. But I Consulas de hoc Iuda Cardinal. Baronium Annal. Tom. 1. & Casauben. Exercit. 2. §. 19. cannot be easily perswaded that they meerly stood on the word Lord, Dominus, [...] i. Rab or [...] i. Adon, which signifie to this purpose neere alike. For what is more common in their and our text of the old Testament, then the name of Adon or Lord, giuen to farre meaner men then Princes? Thus shall you say (the words [Page 50] of u Iacob) to my Lord [ [...]] Esau. And in their salutations and addrest speeches, by both Testaments it appeares, that, Master, Lord, or Sir (exprest in the words which wee haue remembred) are familiar. I ghesse, they superstitiously did it rather out of that dreadfull respect, which the Iewes alwaies had to the Tetragrammaton name of the Almightie, that is, [...] (now commonly exprest Iehouah) which none euer durst openly, nor any Rabbi Moses in More Nebuch. part. 1. cap. 60. verum expendas Numer. 6. com. 23. & seq. might but the high Priest somtimes pronounce, and that only in the feast of Reconciliations celebrated on the tenth of their month Tisri (as it was instituted Leuitic. XXIII. com. 27. and only in the Sanctuary in his Benediction. And alwaies when it occur'd in reading, they spake Adonai i. Lord, for it, vnlesse Adonai went before or followed it in the text, and then they read it Elohim i. God, and vpon this difference pointed it (when they had their Points) either with the Points of Adonai or Elohim. It will so appeare in infinit examples, where our idiom hath the Lord God, the Latine Dominus Deus, and the Greeke [...]. Whereupon with a respect only to the translations, a most learned and ancient Tertullian aduers. Hermogen. qui sanè & Dominum appellari noluit Imperatorem, nisi (vt inquit ille) more cō muni. Apologetic. cap. 34. Father obserues: Deus quidem quod erat semper Statim nominat; In principio fecit Deus coelum & terram. Ac deinceps quandiu faciebat quorum Dominus futurus erat, Deus solummodò ponit. Et dixit Deus, & fecit Deus, & vidit Deus, & nusquam adhuc Dominus. At vbi vniuersa perfecit, ipsúm (que) vel maximè Hominem, qui propriè Dominum intellecturus erat, Dominus cognominatur. For indeed it is true that vntill Genes. 11. com. 4. after the Creation perfit, the Tetragrammaton is not added to Elohim, but there first occurres [...] which they read Adonai Elohim i. The Lord God. As also from the Ebrew [...], the Psal. 20 Arabic. Arabique vses for it, Alrabbu i. Lord or Prince. Considering then their Iewish superstitions, and how curious in ceremonies, syllables, titles, words defectiue [Page 51] either in point or letter, they were, you may with probabilitie coniecture that here was the ground of that Galilaean sect: thinking it not fit, perhaps, to stile any Mortall by that Honorary title, by any other then which the greatest, Dreadfull, and [...] & [...], & ineffabile passim dictum. v. Apocalyps. 19. com. 12. vnspeakable name of the CREATOR was neuer openly expressed. Manifestè dixerunt sapientes (saith More Nebuch. part 1. cap. 60. Rambam) quod istud nomen separatum (that is Semhammephoras i. nomen explicatum aut separatum, as they vsually call the Tetragrammaton) quod est quatuor literarum ipsum solummodo est significatiuum substantiae Creatoris, sine participatione cuiuslibet alterius rei. And [...] (saith a later Cantacuzen. Apolog. [...]. aduers. Mahomet. Grecian) [...], i. indefinitly or absolutely the name of Lord is only due to God, but Man hath it [...] i. With some particular addition of Person or place, In regard of which hee is so Titled. But now, and from ancient time, without scruple, not Kings only, but their Nobles & subiects are vsually saluted and written with the attribute of Lord or Dominus. Yet not so much as it is a relatiue to interest of Property (much lesse to seruitude) but in a notion whereby it interprets a Superior, Ruler, or Gouernor. For we see that in Italian, French, and Spanish it is turned Signior, Seignior, & Sennor, which are words in Dominij ac principatus significatione vsurpato, & nimirum (as one Marian. hist. Hisp. 5. cap. 11. & in Constit. Feud. 1. Tit. 27. Seniores pro Dominis; vti & iure nostro. saies) seniores imperare equum est, vnde consequenti tempore tum in monimentis Hespaniae tum in Conciliorum actis, praesertim quae Caroli Magni aetate in Gallia habita sunt, Domini ac Principes Seniores nuncupari caeperunt. So the Iewish Sanedrim were called [...] Seniores, or Elders, and Abrahams chiefe seruant, [...] Gen. 24. com. 2. the elder of his house. And the Arabians Mahumed Ben-Dauid in Alagsarumit. & ibid. P. Kirsten. haue their title of [...] Alsheich, Shah or Shach, i. Senior or Elder for men, it seems, of the better Condition: and the Epistles of S. Iohn, publisht by that learned linguist, Mr. Bedwell, out of an ancient Arabique copie, haue that [Page 52] word for [...] i. The Elder. It is attributed to their Princes and great Lords: Schachi apellatio (saith Pandect. Turcic. cap. 81. Leunclauius) vel Regum vel magnorum est Principum, praesertim apud Persas: sicut apud Hispanos Doni vocabulum in usu est. The present Sophi is called Schah Abas i. Lord or Signior Abas. So Thamas and others before him haue been titled. It is the same with Saa ( [...]) occurring in som Greek Agathias hist. 4. cui Vararanes Rex [...] Persicè dictus i. [...]. passages of the Persian State, and hath like signification with them (so the incomparable Ioseph Scaliger Canon. Isagog. lib. 3. instructs) as Monsieur or Seignior are with Europaeans, or Domnus mongst Writers of middle times, which is vsed often in Cassiodore and such more, corrupted from Dominus, and is in different copies frequently so writen. Of Pipin K. of France, saith Landulph. Sagax. Miscell. hist. 22. one of them, Primus erat in omnium dispositione rerum gentis Francorum, quibus videlicet olim moris erat Domnum i. Regem secundum genus principari. And the Empresse by Oppian in his Cynegeticon to Antoninus, is, in like form, corruptly stiled [...], and [...] CEB. is often in Coins of Seuerus, which remains almost yet in the Italian Donna i. Lady or Mistresse. But whether the Spanish Don haue hence its original, or from Adonai perhaps deriu'd through the Maurish Arabique into Spain, I doubt. The communitie of the ancient African with Ebrew or Phoenician is known to the learned, as also that, the Prouincial Spanish is exceedingly mixt with that African Arabique which the Maures vse; and I haue read the censure of a most iudicious linguist, that the fourth part, at least, of it, is Maurish Arabique, which hath its chief root in Punique or Ebrew. Now, the Punique or Phoenician Salutation was with the word Donni (doubtles from Adon or Adoni) as appears, if no more autoritie were, in Plautus his Poenulus;
[Page 53] Where note by the way, you must read Auo or Hauo Donni i. Viue, or Salue Domine from [...], which is Viue, and remains almost in the Latine Haue vsed in salutarion; and by corruption its likely they pronounc't it Haudoni (as in some copies it is) whence that Antholog. lib. 3. cap. 25. Epigram vpon Meleager, expressing the seuerall formes of Salutations or Farewells of the Syrians or Ebrewes, Phoenicians and Greeks,
is corrected by the diuine In not ad Beros. & alior. fragmenta. Scaliger, reading, for [...], made of Audoni or Hauo donni. Obserue withall the agreement of the Phoenician and Punique salutations with the Roman and later Grecian. Of the Romans somwhat, in that kind, is before. And, I remember, Seneca somwhere notes that such, whose names occurd not, were vsually called Domini; for the later Grecians, the Epigram of Pallada Antholog. [...]. cap. [...]. shall serue, where he saies that, if his friend receiue any thing of him, he presently stiles him [...] Domine frater, but if nothing, then frater only, but saith hee
i. I will none of the DOMINE, for I haue nothing to bestow. The conceit failing, if you strip it out of its own tongue. As men Domini, so were women after XIV. yeers of Epictet. Enchirid. cap. 62. age called Dominae, Ladies or Dames; and in the Ciuill Law, ff. de leg. & fideic. 3. l. 41. Peto a [...]te Domina vxor, and ff. de annuis leg. l. Titia 19. §. 1. Domina sanctissima are words vsed by Husbands, in their last Wills and Testaments to their wiues; and in one place is found Iulia. ff. de legat. 3. l. Pater. 19. §. 4. Domina without respect to Husband or other, whereupon a great Lawyer Cuiac. Obseruat. 3 cap. 18. & videsis Authentic. 74. cap. 4. notes [Page 54] Matronae dicuntur etiam Dominae, non respectu maritorum duntaxat, quo modo ipsi quo (que) mariti ab vxoribus Domini appellantur, sed etiam per se. So is that noble Lady, to whom the II. Epistle of S. [...]. Iohn is directed. And the Constantinopolitan Empresse Irene, wife to Alexius Comnenus, is, in their Anna Comnen. Alexiados 3. storie, called, simply [...]. And Iohn Bishop of Euchaita hath an Epigram [...]; the like occurring often in later Writers of those parts. With vs anciently, marriageable women were called Dominae. One of the inquities [...]ract. lib. de Corona cap. 1. & in Rot. placit. Hen. 3. de Itinere, saepius. & Roger. de Houed n in Rich. 1. sol. 445. in Eire was, De Dominabus quae sunt & esse debent de Donatione Domini Regis, siue sint maritatae siue non. There being another article, de valectis & puellis qui sunt & esse debent in custodia Dominij Regis, which was touching women within the age of XXI. yeers. For the Law seems, that their Idem lib. de acq. rer. dom. 2. cap. 37. §. 3. Wardships so long then continued; and that was their plenaria aetas. But those Dominae were chiefly such, as were out of Ward for their lands, yet in the Kings bestowing. For the ancient law, here, was, that although after XXI. yeers, the Lord had not to do with the marriage of his male Ward, yet, for female heires the Lords were to prouide marriages at any age, and as often as they were to marrie; and, although the ancestors were yet liuing, yet must their consents haue been had; the reason being giuen, in respect that the seruices must be done by the husband, Glanuil. lib. 7 cap. 12. ne de inimico suo vel alio modo minùs idonea persona Homagium de feodo suo cogatur Dominus recipere. But this law was alterd into what it now is, for common persons, by the Statut of Westm. 1. cap. 22. vide, si de hijs velis, Ioan. Briton. lib. 3. cap. 67. III. Ed. I. And, for the King, by XXXIX. Hen. VI. And in our old English Poets, Dames (i. Dominae) is often for Women in generall, as a speciall honor for that Sex; being not out of vse with vs at this day, nor with the French; as also among the Italians, Donne for them, is familiar. How Dominus was vsually wont to bee the title of euerie [Page 55] Curat, added to his Christen name, and is now familiar for Sir to euery Batcheler of Art in the Schools, all men know, and may therein obserue the most different notions and vses made of it. Ciuilians will haue it so proper to their profession, that all their Doctors must bee stiled by it. Nec debent ab alijs (saith Lucas de Ad Cod. tit. de Professor ib. L. vnica. Penna) quantumcun (que) Maximis, in eornm literis appellari Fratres sed Domini. Contrarium facientes puniendi sunt. You cannot but here look for somwhat concerning Our Soueraigns ancestors their Title of Dominus, Signior, or Lord of Ireland, which continued vntill Hen. VIII. For this, you must know that their title to Ireland is deriud from Henry II. although long before, I mean in K. Edgars time, good part of it was vnder the English Crown. Edgars own words, in a Charter dated the VI. of his raign, and DCCCC. LXIV of Christ, are Inspeximus Pat. 1. Ed. 4. part. 6. memb. 23 Mihi concessit Propitia Diuinitas cum Anglorum imperio omnia regna Insularum Oceani cum suis ferocissimis Regibus, vs (que) Norwegiam, maximám (que) partem Hiberniae, cum sua nobilissima Ciuitate Dublinâ, Anglorum regno subiugare; quos etiam omnes meis imperijs colla subdare, Dei fauente gratia, coegi. But this continued not in his successors. Afterward the Isles grew too full of Petit Kings, som of them conuerting their Gouernment into intollerable Tyrannie, which, others not induring, made such a deuided State in it, that occasion, to inuade them, might thence soon be taken by their neighbors. Hereon a desire, of the whole dominion of the Isle, possest our Henry II. for which (so were the times and seruile opinions, then) hee sent Embassadors to Pope Adrian the IV. (this Adrian was his naturall subiect, born at Langley in Hertfordshire, and had to name Camden. in Cattieuchlan. before he was Pope, Nicholas Breakspeare) entreating vt sibi liceret (as the words of Matthew Paris are) Hiberniae Insulam hostilitèr intrare, & terram subiugare at (que) homines illos Bestiales ad Fidem & viam deducere veritatis, [Page 56] extirpatis ibi plantarijs vitiorum; and it was granted by a Bull, among other things, thus speaking, & illius Terrae Populus Te recipiat & sicut DOMINVM veneretur, iure ecclesiarum illibato & integro permanente, & saluâ B. Petro de singulis Domibus annuâ vnius Denarij pensione. Sanè omnes Insulas, quibus Sol Iustitiae Christus illuxit & quae documenta Fidei Christianae susceperunt, ad ius S. Petri & Sacrosanctae R. Ecclesiae (quod tua etiam Nobilitas Recognoscit) non ost dubium pertinere; VVhich notwithstanding, hee and all his Cardinals would neuer haue been able to proue. Iohn of Sarisburie (cited ordinarily, as he was, Iohn Bishop of Chartres) had chief place in this Embassage, beeing a man most deerly respected by the Bishop of Rome. His Metalogic. 4. cap. 42. report, of this matter, is: Ad preces mees, Illustri Regi Anglorum Henrico secundo concessit (speaking of the Pope) & dedit Hyberniam iure hereditario possidendam; sicut literae ipsius Testantur in hodiernum diem. Nam omnes Insulae de iure antiquo ex Donatione Constantini, qui eam fundauit & Dotauit, dicuntur ad Romanam Ecclesiam pertinere. By the way, for that of Constantin's Donation (a vext question) if you read Vlrich Hutten, Valla, the Cardinall of Cusa, Hierom Catthalan, and others of that kind against this Donation, but especially that Bodin. de Repub. 1. cap. 9. Consulas Diphona Othonis Imp. editam inter Epistolas PP. Syluest. 2. pag. 73. note out of the Vatican, where it, being written in golden letters by one Ioannes Cognomento Digitorum, is subscribed with this
you will scarce beleeu it for 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 quo (que) per me transmisit aureum, smaragdo optimo decoratum quo fieret inuestitura iuris ingerenda Locus deprauatus forte l. ingrediendae Hberniae. Hibernia. Idém (que) adhuc [Page 57] Annulus in 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 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 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 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 [Page 58] 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 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 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 [Page 59] 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, its 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 Lartes Tolumnius Philippic. 9. Cicero) an old Tuscan word signifying Prince, or such like, as a 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 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, [Page 60] 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 simile & coaetaneum, nec tamen mancum (ni fallat memoria) extat. imperfect.
and in the xv. Psalme,
[Page 61] The more willingly I inserted them also, that by this occasion you might tast an essay of our Ancestors neatnes in their holy meeters, which, howsoeuer abounding with libertie and the character of their times, yet haue, I confesse, my admiration. Lauerd and Louerd indifferently occurre in old Robert of Glocester. But note, in the more ancient English, Saxon, or Dutch, not hlaforde is vsd for Dominus, where Dominus is attributed to the Almighty, But vsually Drihten or Truchtin, being the same words varied, as Legib. Aluredi. Drihten waes spraeen ðaes words to Moyse i. The Lord spake these words to Moises. And Vulcan. in Specim. Ling. Giwihit si Truchtin Gat Israelo i. Blessed be the Lord God of Israel; and, in our Ladies Magnificat Mikkilso min Sela truchtin. i. My soule doth magnifie the Lord. Now sith this Truchtin seems to haue somwhat of Truth or Faith in it, and that Loof or Loef, in old Saxon or Dutch, signifies Faith also, as one of that Country, I. Goropius Hieroglyphic. 8. phantastiquely rauisht with the word to other purposes, tells me, could I assume liberty, as he doth in deriuation, I might with casting about, frame the nature of Feuds, or Patronage, which consist in mutuall faith twixt the tenant or client, and Lord or Patron, out of the word. But I will not, nor dare I. One Verstegan. cap. 10. deriues it from hlafe-afford, as if it were essentiall to the name, that he which bears it should be a lafe, lofe, or Breadgiuer, and so Lady from hlafe-die i. a Bread seruer or diuider, referring his conceit to ancient (now worn out) hospitality. That satisfies mee not; if it do you, then will you lesse impute to my ignorance, that I haue not here furnisht my self with any probable origination. In these and the like, where I see no better ground, for certainty of coniecture, I abstain from further inquiry. By reason of this word Lord, which particularly applied wee make My Lord, diuers outlandish writers call our Noblemen Milords and Milortes; the ridiculous vse [Page 62] proceeding from their ignorance of our language. Its no where so frequent as in the Epistles of that Spaniard Anthony Perez to the late Earle of Essex. Touching the name of Dominus, Lord and Signior, hitherto. That of Dij or Gods plurally, attributed to Great Princes, none that hath read the old Testament can not but know. Yet good Cyrill. aduers. Iulian. lib. 8. autority makes in most of those passages, to be rather noted the generall dignity of Mankind, then titular supremacie of Princes. It were hard to endure such impious flatterie, as to giue them the name as it is truly significant; as the dissembling and vnconstant Samaritans did to Antiochus Epiphanes, Ioseph. Archaeolog. 12. cap. 7. & lib. 19. cap. 7. de Herode. stiling him, in their Epistles, God, who pad indeed to his vtmost, profaned the holy Temple of the true God, most cruelly handled the Iewes, and in Diodor. Sicul. in excerpt. apud Photium. contempt of their law and Diuinitie, compeld them eat Hogs flesh against their institution, and with the liquor straind, wherein it was boiled, daubd and abusd as many of their Bibles, as his wickednes could light on. So the base-minded Iewes, with acclamations, affirmd Herod Agrippa no longer Man but a Deitie; a touch whereof S. Act. Apost. 12. com. 22. Luke hath. The Persian Kings title challenged as much to him in Amm. Marcellin. hist. 17. that: Rex Regum Sapor, Particeps syderum, Frater Solis & Lunae, Constantio Caesari Fratri meo salutem plurimam dico. And that Rutilian Mezentius commanded Cato in Orig. ap. Macrob. Sat. 3. cap. 5. his subiects to offer to him all such sacrifices as they had destinat to the Gods, thinking indeed that no Deitie was aboue himselfe, whence he is titled Contemptor Diuûm in Virgil. To these, like may be added of the Roman Emperors, made or accounted Gods in their life time (for of their [...] after their death, nothing belongs here to vs) as Augustus, and diuers worse after him; and that of Belus Is. Tzetz. ad Lycophron. & Io. Tzetz. Chiliad. 139. remembred in the first chapter; with much such more among the Grecians, where [...] or [...] signified both Gods and Kings. And Alexander, you know, wold [Page 63] needs bee Iupiter Hammons sonne, and so had his picture made with Rammes horns like Iupiter Hammons Statue; as scorning mortall progenitors. But, for all these and the like, a most learned and ancient Tertullian. Apologetic. c. 33. Father thus; Non Deum Imperatorem dicam, vel quia mentiri nescio, vel quia illum deri [...]ere non audeo, vel quia nec ipse se Deum volet dici, si homo sit. Interest Homini Deo cedere. Satis habeat appellari Imperator. Grande & hoc nomen est, quod à Deo Traditur. Negat illum Imperatorem qui Deum dicit. Nisi homo sit, non est Imperator. And in their Trium [...]hs, a solemn admonition alwayes was to the Emperor, Memento te Hominem esse, which great Aelian. [...]. 9. c. 15. Philip of Macedon had euery morning remembred to him before he admitted any, but him only whose office this was, to his presence. And Tertullian speaking of those passages where mortalls are stiled Gods, addes Aduers. Marcion. lib. 1. that also ipsa idola Gentium Dei vulgò; sed Deus nemo ea re, qua Deus, dicitur. But, as the supremacie of Princes and their Gouernment is delegat from the Highest, their iudgements being also called His, so in a generall name are they titled Gods euen by God himself, because here on earth they should (for their power) be his Sthenid. Pythagoric. apud Stobaeum Serm. 48 de ea re plura. Imitators. And in Artemidor. Onirocritic. 4. cap. 71. Onirocriticisme, dreams of superior Deities were referd to such as had rule and command. It beeing at this day among the Moschouitique Christians, in vse to account their Great Duke rather a God then a Man. This respect, added to an obsequious impietie, caused, as well in the Christian as Heathenish times and States, the subiect, to continue that ill custom of Swearing by their Harmenopul. [...]. l. 1. tit. 7. Princes. And if by them, they did forsweare in a suit (For if out of a sudden heat, they were pardoned) the punishment, for periury was inflicted, that was Fustigatio i. (as if you should say) bastinadoing (the Greek Lawiers calld it [...]) and whilst the officers beat him, they vsed this formall admonition; [...] [Page 64] ff. de Iureiur. L. si duo §. 6. [...], i. Take heed how you swear. But if the periury were committed gainst God and his name, no punishment followed by their customs, because they supposd God would sufficiently reuenge the Ita Veteres existimâsse vltioném (que), dum in viuis existerent periuri, expectasse Confirmat illud Horatij Carm. 2. Od. 8. abuse of his Deitie, expressing it thus: I [...] (saith Constantine Harmenopulus) [...]; although it were certain by their Canon Law that Church penances, but no other infliction was Can. 64. Basil. Harmenopul. Epit. sect. 5. tit. 3. prouided for the periurd: as also, if, in any suit, the partie had forsworn vpon the holy Euangelists, his tongue was cut out. This Harmenopulus whom I cite was a Iudge in Thessalonica (now called Saloniche) vnder Emanuel Comnenus, about M. CXLIII. after Christ, as is Marquhard. Freher. Chronolog. ad Ius Graeco Romanum. coniectured. But all this (touching swearing by the Prince or Emperor, and his Genius) had its originall out of Paganisme. For, that punishment of Fustigation was, it seems, Vlpian. ff. de Iureiur. l. 13. §. 6 instituted by Antoninus and Commodus, when it was vsuall to sweare per Genium Principis, and per Principis Const. Alex. Seueri C. de reb. credit. l. 2. videsis Cuiac. Obseru. 2. cap. 19. Venerationem, as it is in a rescript of Alexander Seuerus, vnder whom the learned Apologetic, cap. 28. Tertullian vpbraids the Romans with; Citius deni (que) apud Vos per omnes Deos, quàm per vnum Genium Caesaris peieratur. And Athalarique the Goth, in a profession of future good gouernment, to the Romans: Cassiodor. Variar. hist. 8. Epist. 3. Ecce Traiani vestri clarum seculis reparatum exemplum. Iurat vobis, per quem iuratis nec potest ab illo quisquam falli, quo inuocato non licet impunè mentiri. Take, withall, that of Epist. 2. lib. 1. Horace speaking to Augustus:
which well fits with the name of those Maiestique Pauillions, vnder which the Emperors sate vsually. They called Vt notauit Casaubon. ad Suetonij Neronem. cap. 12. them [...], as if you should say, Litle heauens. And for the Christian times, agreeing, with what is already shew'd, was that forme of their Militiae sacramentum, [Page 65] the soldiers oath; Iurant autem (saith my author, liuing about CCC. LXX. from our Sauior) Per Deum & Christum & S. Sanctum & per Maiestatem Imperatoris, g Vegetius de Re. Militar. 2. cap. 5. sub Valentiniano & Gratiano. quae, secundum Deum, generi humano diligenda est & colenda. Nam Imperatori, cum Augusti nomen accepit, tanquam presenti & corporali Deo, fidelis est prestanda deuotio, & impendendus peruigil famulatus. Deo enim vel priuatus, vel militans seruit, cum fideliter eum diligit, qui Deo regnat autore. This vse was anciently, among the Egyptians as is apparant by Iosephs swearing, by the life of Pharaoh. And, in later daies, a Rabbin, that liu'd Abr. Aben Ezra in Decalog. about M. C. LXX. affirmes, that if a man had sworn in his time in Aegypt (it was then gouern'd by Caliph's) [...] i. by the Kings head, and had forsworn, he was subiect to capitall punishment, neither could he redeem the guilt for his weight in Gold. And when Shach Ismael, the first Sophi, got the Persian Empire, no oath Leuncl. Musulmanic. hist. lib. 16. amongst them was so great, as to sweare by his head. Thus it appeares, how, both mongst Christians, Mahumedans and Heathen, a certaine Sanctitas Regum (as Sueton. in Iulio cap. 6. Iulius Caesar cals it) was specially regarded. Whence, it seem's, the frequencie of hauing a Deity's name in the Kings, was so familiar amongst the ancients. The Tyrian or Phoenician Princes had vsually the names of Beleastartus, Abdastartus, Ithobaal, and many such like ocurring in the fragments of Menander, and other annals of those parts; from their Deity Baal and Astaroth, which Holy writ speakes of. Nebo Isai. cap. 46. com. 1. vbi Lxx. [...]. a Babylonian Idole was a part of Nebuchadonezar, Nabopollassar, Nabonitus, their Kings. In Neriglosser, is Nergal the Deitie of the Cuthaeans, which the R. Salomon Iarchi ad. 2. Reg. 17. [...]. n. interpretari potes, fontem, tumulum, forte & Sphaeram Ignis. & cum Magorum (vnde Cuthaej) [...] conferas. Iews idly say was a Cocke, but, without any great scruple, will be proou'd to bee the Sunne, or some perpetuall fire, honor'd with respect to the sunne, and in the names of the Iewish Kings is vsually one of the names of the true God, as you see in Ahaziahu, [Page 66] Amaziah, Azariah, and diuers such more. Among the Egyptians, Busiris, Petosiris, Osiris, Kings, all of them hauing the greatest Deitie of that people in their names. That is Siris or Seiris, which was the same with Nilus: For in Isai. cap. 23. com. 3. [...]irem. ca. 2. com. 18. Holy writ it is call'd [...] (which by the Ethiopian Idiom, is pronounced Sihri, saith the noble Scaliger) signifying black, according as the Greeks stil'd it Odyss. [...]. [...], and, with them, the Latins Melas Festus in eo vocab. alij. of the same interpretation; and, from that Eastern word, questionlesse came the Greek [...] for it,
saith Dionysius Afer. Where, his Commenter Eustathius hath other, but friuolous, Etymologies of it. The fashion in Britain anciently, is touched where wee speake of Belin in the first Chapter. But indeed the composition out of these names of Deities were not only proper to Kings. Their Great men and more honorable subiects, had oft times the like; as you see in Ierem. cap. 39 vers. 3. & cap. 52. 30. Neregal, Samgarnebo, and Nabuzardan, with such more, & in Daniel, whom the Babylonian King named Beltishatzar Daniel cap. 4. com. 7. according to the name of his God. Neither was that swearing by their names proper only to them. I remember Cosmas Patriarch of Constantinople, in the controuersie twixt him and Eustratius, about the Coronation of Irene Empresse and wife to Alexius Comnen, Anna Comnena Alexiad. 3. sweares by himself [...] i. By Cosmas. But, that of Diuine names among them, as it was communicated to Nobility, so very likely was not extended to the Vulgar, or ignoble. For wee see often a speciall regard had among the ancients, that Princely names should not be borne by base Persons. One cause, why Domitian put to death Metius Pomposianus, was for that he had giuen his slaues the names of Mago and Hannibal; that of Hannibal hauing plainely in [Page 67] its composition (as Asdrubal, Adherbal, and the like) the Phoenician or Punique God Baal. In the Scripture you haue the very name, but inuerted; Baal-Hanan in Gen. cap. XXXVI. As on the other side one of Alexanders chief requests to the high Priest of the Iewes, they say, was, that hee Abrah. Ben-Dauid in Cabald might so much be honord, as to haue his name imposd on euery of the Priests children that yeer born. Although it be certain that slaues somtimes had the names of greatest Kings. And in Athens Agell. lib. 9. cap. 2. the names of Harmodius and Aristogiton were not suffered to bee giuen to any bond-man. The Turkes Georgieuitz de Cerem. Turcar. haue their seuerall names vsually proper for their Sultans, Beglars and slaues, if my author deceiue not. But for that of giuing a King the title of GOD (without respect only to his delegat power and substitution) you may note Anaxarchus his iest vpon Alexander pretending himself a God, and lying dangerously sick: [...] (said Aelian. Var. hist. 9. cap. 37. Anaxarchus) [...]; i. the hope of our God lies now in a spoonfull of Potion. And when Hermodotus in his Poems Plutarch. lib. de Isid. & Osiride. stiled Antigonus the sonne of Phoebus, and a God, the King well answerd his flatterie: But (saith hee) the Groom of my close stoole denies me to be so. Astrologers approper certain starres to Kings only, and great men, in their significations, and some of them place those Regiae Stellae, Firmicus Mathes. 6. cap. 1 as they call them, in the dodecatemories only of Taurus, Leo, Scorpio, and Aquarius; others otherwise. They haue deliuerd also, that euery King Apud Cantacuzen. Apolog. aduers. Mahomet. α. hath a singular starre for the Ruler of his Royall life, common persons hauing only the mixtures of seuerall influences, according to their Genethliaque figures. I note it here as it touches their accession of speciall and a kind of holy honor to Princes. Regard it at your pleasure; if you will, but as I, then read it for a Relation, but also laugh at it.
Caesar. Whence deriu'd into the Roman Emperors title. It signified an Elephant in Punique. The Maures, a Colony out of Chanaan in time of Ioshuah. An inscription of a Columne erected in those times in the now Barbarie. Children cut out of their mothers, sacred to Apollo. Augustus. When, and vpon what occasion it began in them. Other Kings titled by it. Denomination, to the Roman Emperors, from Prouinces, which they either conquerd or setled. Their abstaining from names, of that kind, which were ridiculous. Pharaoh among the Egyptians. In Iosephus an error. The Queen of Saba. The Egyptian Kings afterward calld all Ptolemies, and whence. Time of Ptolemy the Mathematician. Patronymiques of diuers Royall lines. Agag, and Amalek. A passage in the Apocrypha of Esther. The Western part of Asia, calld Greece. A place in S. Mark explaned. The Parthian, Indian, Bithynian, Hagaren, & Lombardian Princes. Cleta. The great honor to the name of Constantine in the Western Empire. Teggiurlar. How the Romans affected the name Antonin in their Emperors. Lazars, Bulcoglar, Bulcouitz, Crateuitz, and such like. Most Christian King. When first in the French. First Christian King in Europe. Filz aisnè de l'esglise. Defender of the faith. When and how first in Our Soueraigns. Catholique how and when first in the Spanish. Porphyrogenetus often in the Constantinopolitan Emperors title. Camaterus his Astrologie Ms. The true reason of that name of Porphyrogenetus. Emperors children receiued in Purple at the Birth. Purple, when first made proper to Kings.
CHAP: IV.
HItherto of such Titles as are Essentiall to Maiesty. There are also, which are particular for seuerall [Page 69] States, and meerly Accidentall. Of them, in the first rank, stand those which proceeded from the first autors of Empires or Monarchies. To none, is vnknown the continuance of Caesar in the German Emperors Title, deriud through the Franks and Romans from their C. Iulius Caesar first Emperor. But not first which bare that name, as som Glycas, Etymologic. mag. Cedrenus, alij Graecorum. Necnon Ebraei vt videre est in Eliâ Thisbit. in [...] ignorantly haue deliuerd. Nor had he it, because he was cut out of his Mothers belly. It may be true which Pliny Hist. nat. 7. cap. 9. sayes, that primus Caesar à caso matris vtero dictus, qua de causa & Caesones appellati. But others were so calld before him; and, from the Punique or Maurish word Coesar, interpreting an Elephant, most Ap. Ael. Spartiā. in Ael. Vero Seru Honorat. ad 1. Aeneidos. Const. Manass. in Annalit us. learned men haue anciently deriud it quod auus eius in Africa, manu propriâ, occidit Elephantem. Others at Rome deducing it from Caesaries, quod cum magnis crinibus (as Spartians words are) sit vtero parentis effusus; others quòd oculis caesijs & vltra humanum morem viguerit. Vnderstand them, of him which first bare the name. I like that from the Elephant. Analogie will hardly endure any of the rest. And in an old Coin stampt on the one side with DIVVS IVLIVS, the other hath S. P. Q. R. and an Elephant: which although som referre to the Plaies and fights of Elephants, Plin. hist. 8. cap. 7. shewd by the fauor and cost of Iulius, yet perhaps it hath allusion to that African originall. But, how it could be Punique is not so well iustified: The Punique being but a slip or branch propagated from the Ebrew, wherein (as that admired, and great President of the Muses the most learned Casaubon hath also noted) not Caesar, but [...] signifies an Elephant (as also in Arabique) which, by transposition of letters, is euen the same with the Greek and Latin Elephas. Hee therefore thinks the word was Maurish, as Spartian affirms it was. But, vnder fauour, was not the old Maurish the same with Punique or Ebrew? Good autority Procopius de Bell. Vandalic. 2. tells vs that in the Tingitana Mauritania (where the [Page 70] now Barbarie is) at Tingis, were two white columnes of Stone erected anciently with an inscription in Phoenician letters (they were, som say, very neer the Ionique or Greek, and Terpsichore. & de hijs videas Ios. Scalig. ad Eusebium pag. 102. Herodotus expressely affirms so, which had seen both kinds) to this effect: We are fled from the presence of Iosuah Ben-Nun the spoyler. Then which, what can more apparantly shew the Maures at first to haue had their immediat originall out of Canaan where Ebrew was the language? And take then this annotation of the noble Casaubon in another Animaduers. in Tranquill. 1. place. In Targum Ionathanis (saith he) [...] extat, notione affine, pro Scuto vel clypeo. Et fortasse inde est quod, Punicâ linguà, Elephas Caesar dicebatur quasi Tutamen & praesidium Legionum. But also speciall reason is giuen for the deriuation, from beeing cut out of his mother. Read this of Seruius Ad Aeneidos 10. Honoratus; Omnes qui secto matris ventre procreantur, ideo Apollini consecrati sunt, quia Deus Medicinae est per quam, lucem sortiuntur. Vnde Aesculapius eius fictus est filius. Ita n. eum esse procreatum supradiximus. Caesarum etiam familia ideo Apollinis sacra retinebat, quia, qui primus de eorum familia fuit, exsecto matris ventre natus est. A too daring conceit, and tasting ill of Grammaticall arrogance! But, whencesoeuer the name is, its taken as the most honorable in the Imperiall Title; and Iustinian expressely of it, in his Letters [...]. to one Iohn, his Lieutenant of the East, [...], i. We are graced with this note of Imperiall Maiesty, more then with any other. And the Germans at this day vse the word Keyser (from Caesar) for the Emperor generally. From Iulius, his Nephew Octauius had this name left to him by Testament: In ima cera (saith Sueton) Caium Octauium in familiam nomén (que) adoptauit. Afterward this Octauius in the Senat was honord with the Title of Augustus [...]; as Dio's words are, i. as if he had been somwhat more then Humane. And [Page 71] non tantum nouo (so Sueton speaks) sed etiam ampliore cognomine: quòd loca quo (que) religiosa, &, in quibus auguratò quid consecratur, Augusta dicantur, ab auctu vel ab auium gestu gustuue; and, for the word, cites that of Ennius
Some xv. yeers, after Iulius slaine, on Censorin. de Die Natali cap. 21. Se VII. & Vipsan. Agripp III. Coss. the XVI. Kl. of February, that is the XVII. day of Ianuary, vpon motion of L. Munacius Plancus, this Title was giuen him, and thence is the Epocha of the Anni Augustorum (as they call it) to bee accounted. The Greeks turn Augustus, [...], i. Venerable. Certainly it came from Augeo, beeing a word proper in Sacrifice; as Augere Hostias, which the learned Casaubon remembers. I adde also that in just like forme the Greeks had their [...]. Isthmiac. Od. 4 Pindar hath [...]: as if he had said Augemus hostias, or inferias. And, in Sextus Pompeius, Augustus is interpreted Sanctus. For, things sacrificed haue venerable respect towards them, and diuers Inscriptions to Gods and Goddesses are extant with Augusto or Augustae. The name hath been applied to others then only the Roman Emperors: some Testimony Guilielmus Nothus Augustus dictus. 10. Bodin. de Rep. 2. cap. 2. hath giuen it to our William the first. And the French had their Philippus Augustus; in the description of whose life, an Rigord. in prooem. ad Vit. Philippi Aug. Ancient thus salutes his Reader. Miramini, quod, in prima fronte huius operis, voco Regem AVGVSTVM. Augustos n. vocare consueuerunt scriptores Caesares, qui Remp, augmentabant, ab augeo auges dictos. Vnde iste meritó dictus est Augustus ab auctâ Republica. Adiecit enim Regno suo totam Viromandiam (i. the territorie, about S. Quintins) quam praedecessores sui multo tempore amiserant, & multas alias terras; redditus etiam regni plurimùm augmentauit. This Philip raigned about M. CIXXX. Frederique Barbarossa then Emperor. And long before this Philip, their first Christian King had it. Ludouicus Rex [Page 72] (saith Sigebert; so he calls K. Chlouis) ab Anastasie Imperatore Codicillos de Consulatu & Coronam auream eum Gemmis & Tunicam blatteam accepit, & ex ea die Consul & AVGVSTVS dictus est. These two of Caesar and Augustus continued in their successors, and do at this day. The Romans had another kind of multiplying surnames to their Emperors, by denominating them so often from Countries or Prouinces, as they had done som braue Imperiall act in composing, ordering, or vanquishing any of them. Examples of it are euery where. Thence hath Iustinian such a Title with Alemanicus, Gotticus, Francicus, Germanicus, Anticus, Alanicus, Vandalicus, Africanus. Question not, but they had of these, oftimes by their Countries flatterie more then desert. Appellatus est Commodus (they are Lampridius words) etiam BRITANNICVS ab adulatoribus, quum Britanni etiam Imperatorem contra eum deligere voluerunt. If the denomination were subiect to a ridiculous interpretation, som of them abstaind from it. As when Aurelian had the day of the Carpi (a people vpon the Riuer Donaw in the now Hungarie) and heard that the Senat would needs name him Carpicus, hee presently writes to Flau. Vopiscus. them Superest P. C. vt me etiam Carpisculum vocetis. For indeed, Carpisculus interpreted a kind of shooe, which made him dislike the Equiuoque. Although on the other side the wicked Caracalla was proud of his title Germanicus, AEl. Spartianus. not only as it respected his German victories, but withall as it alluded to the murdering of his brother, signified by Germanus: affirming, that if he had conquerd the Lucani hee would haue been calld Lucanicus; as ridiculous a denomination, as Lucanica, signifying a kind of Hogs-pudding, whence the Romans calld such as were great eaters Amm. Marcellin. hist. 28. Lucanicus cum Pordaca &c. Lucanici. The Egyptian Kings in holy writ vntill Salomons time are all calld Pharaoh's. It was no proper name, but only a title which euery [Page 73] one of them had. For, in prophane story, you haue other particular names for them. Him vnder whom Ioseph was prisoner, som make Themosis; others, in errors of Chronologie, supposing Themosis to be the Pharaoh drownd in the red Sea, and that, his fathers name q Manethon. apud Ioseph. adu. App. [...]. was Alisfragmuthosis. But later and more curious computation places the Israelites comming out of Egypt vnder Armais Pharaoh; and Cedren vnder Petisson. He which took Sara is called Ioseph. Haloseos 6. cap. 11. Nechias; and, in the Egyptian Annals of Manethon partly preserud in Iosephus and Iulius African, enough such more occurre. After Salomons time they are remembred with the like in holy Writ; as in Pharaoh 2. Reg. cap. 23. Necho, Pharaoh Ierem. cap. 44. Chophra (the same perhaps which Herodotus calls Apries) and 2. Paralip. c. 11 Shisac the same with Sesostris, Sesoosis, or Sesonchosis. But the reason of that difference, vpon anothers credit (I will not warrant it) thus take. Hence is it (I interpret to you Iosephus Archaelog. lib. 8. cap. 2. his words) that Herodotus Halicarnasseus, when he tells of CCCXXX. Egyptian Kings succeeding after Menis that built Memphis, speaks not of their names, because they were all called Pharaohs. For [...]. when after them a Woman had the Crown, hee names her Nicaulé, because that of Pharaoh was only for Masles, not for feminin capacitie; wherfore it was requisit to giue her a speciall name. And I haue found in the stories of my own Country (remember he was a Iew) that after Pharaoh, Solomons Father 1. Reg. cap. 3. com. 1. in law, none of the Egyptian Kings were called any more by this name (vnderstand, by Pharaoh, without addition) and that, after him, that Woman came to Solomon, shee then being Queen of Egypt and Ethiop. For hir beeing Queen of Ethiop and Egypt, it will perhaps be more hardly iustifiable, then the supposition of that Queen whom Herodotus remembers to bee coetaneall with Solomon. The Queen of Saba, me thinks, might best be referd to the Sabaeans in Arabia Foelix. But, for that point, see specially Luis de [Page 74] Vretta his Ethiopique historie, in Spanish, lately publisht; and our next chapter. Neither is Herodotus his [...] habet Herodotus Sesostreos successorem in quo sanè [...] Vestigia. Queen namd Nicaulé, but Nitocris. And, I am much deeciud, if that Moeris, which he remembers there in his Euterpe, bee not one of those CCC. XXX. whose names he rather omits, because of their want of memorable acts, then for Iosephus his reason, as the storie easily perswades. The Ebrews write the name [...]; and deriuations are of it, but none worth trusting to. Som think it signified a King in the Egyptian idiom. [...], saith Iosephus, i. Pharao among the Egyptians signifies a King. So affirms African, others. And in Apomazars (rather Achmets) Onirocritiques, out of Egyptian monuments, that name often occurres, signifying plainly a King generally. After the Grecian Monarchie deuided among Alexanders great Courtiers, Ptolemy the sonne of Lagus took Egypt and Afrique, and, from him, his successors were all calld Ptolemies with som other addition; as Ptolemy Philadelphus, Euergetes, Philopator, and such like: which gaue occasion of a foolish error in som, supposing, through communitie of name, that Ptolemy, the autor of the Quadripartit, was one of the Egyptian Kings, and Philadelphus; which Haly Aben Rodoan confutes against Albumazar and others. Indeed, hee was an Egyptian of Pelusium, but liud vnder the Roman Emperors, which Haly thence proues because his hypotheses of the starres places in his Almagest, are of that time. Its certain, he was vnder the first Antonin, and a priuat man; but, as foolishly, calld Pheludianus in the translation of Haly, in steed of Pelusiacus. According to this continuance of a name in succession, are in a manner those Patronymiques of Achemenidae in the Persian Kings, Aleuadae in the Thessalian, Cecropidae in the Athenian, from Achemenes, Aleuas, Cecrops. So were the Danish Kings anciently titled Skioldungs from their [Page 75] great King Skiold. The French had their Merouings, the old Kentish Kingdom here its Oiscings, from Merouee and Oisca. But as to the Egyptians, Ptolemy, so among the Amalekits, Agag was a name for euery Moses Gerundensis ap. Munster. ad Num. cap. 24. v. 1. Sam. cap. 15. 8. of their Kings, deriued into them from Agag the sonne of Amalek. For where in holy Writ, is found Haman the sonne of Hammadetha the Agagite, Iosephus calls him the Amalekite, and the Targ. 2. Esth. cap. 3. 1. Chaldé Targum [...] i. of the Posterity of Agag sonne of Amalec, which withall conuinces a peece of Apocrypha, where Haman is calld a Macedonian, in the letters of b Apoc. Esth. cap. 16. com. 8. Artaxerxes. Vnlesse you take it that Artaxerxes (Ahasuerush) liuing Eastward in Susa of Persia might call the more Western, but farre distant, parts of Asia, by the name of Macedon, as the Grecians did the Western Europaeans, Celts, and as the Constantinopolitans now doe, Franks or Latins, whereas those names in truth are of much narrower comprehension. If Artaxerxes letters had been writen after Alexanders conquests, that interpretation might haue been permitted the better. For since his time its well known that the Western Asia and Greece or Macedon are names confounded. The author of the first of the Macchabees cap. 1. saies that Alexander ouercame Darius King of the Medes & Persians, [...]. and raigned first in his steed in Greece. All men know, Darius raigned not in any Europaean Greece, therfore Asia may be vnderstood. For after Alexanders Dominion there, being a Greek, and his leauing it to Grecians or Macedonians (to this purpose, twixt them, is no difference) it became denominated from the Rulers Country. And hence may that in S. Marke cap. VIII. be best vnderstood: where a woman is affirmd to be [...] i. a Graecian a Syrophoenician; as if the Euangelist had said, of the Western part of Asia, a Syrophoenician. And in the I. Drus. ad Hasmon. cap. 1. & Praeterit. 2. Ebrew storie of later times [Page 76] [...] i. Greece is often vsed for Syria. Yet how this later vse can salue that of Esthers Apocrypha I conceiue not, vnlesse it be supposd that it being written in a newer age, the words of the time were inserted. The place rather may be thought corrupted: But this, out of the way. The Parthian Princes were from Arsaces, their first great Monarch, titled by his name with som other proper to euery particular. Cuius memoriae (saith Historiar. lib. 41. Iustin) hunc honorem Parthi tribuerunt vt omnes exinde Reges suos Arsacis nomine nuncupent. The Alban Kings in Italy had euery of them the addition of Sylulus, as you see in the Roman story. And the old Indian Kings Strabo Geograph. 15. & 12. had to their proper name alwaies added Palibothra, which was their chief City. Most of the Bithynian Kings were called Nicomedes. And, in steed of Caesar, it was purposd by Ataulph King of the Alexand. ab Alex. Genial. Dier. 1. cap. 2. Westgothes in Italy, that, posterity should call the Roman Emperors, by his name, Ataulphs; and after their King Flauius Antharis, all the succeeding Kings had that Paul. Warnfred. de gest. Longobard. 3. cap. 16 Fore-name. Vpon that of Lycophron,
Isaac Tzetzes notes that from this Cleta (an Amazon) all the Queens which raigned there afterward bare hir name. He means the City Cleta in the inferior Calabria. And the Princes of the Hagaren Ios. Scalig. Emendat. Temp. lib. 2. vide 2. Machab. cap. 5. Com. 8. Arabians had the common name of Areta. Of this kind, more may in ancientest story, be obseru'd. In later times the Constantinopolitan Emperors much affected to giue their children and themselues the great name of Constantine, not as imposd, but as an addition to the proper. Of a Constitution Circa Ann. DCXX. of Heraclius, thus begins the Preface. In the name of the Lord Iesus Christ, our God. Heraclius and Heraclius [...]. Heraclius the Son is stiled New Constantine, being taken in as a partner of the Empire by his Father. And in the Monasterie [Page 77] of Suluna at Constantinople, is painted Michael Palaeologus and his Empresse Theodora, with three inscriptions, the one beeing (as Leunclaw Pandect. Turcic. cap. 51. remembers it, in Latine) thus conceiued:
MICHAEL IN CHRISTO DEO FIDELIS REX ET IMPERATOR DVCAS ANGELVS COMNENVS ET NOVVS CONSTANTINVS.
And the Turks vse to call all those Constantinopolitan Emperors Constantins, as their name; but also Teggiurlar in derision (Teggiur signifying a Lord of som small territorie) not thinking them in their later times worthy the name of Emperor. But this of Constantin was no otherwise then the Romans vsd the name of Antonin. Ita n. nomen Antoninorum (saith Caracallâ. Spartian) inoleuerat vt velli ex animis hominum non posset: quòd omnium pectora velut Augusti nomen obsederat. And Diadumeno, & Capitolin. in Opilio Macrino de hoc nomine. Lampridius to the same purpose: Fuit tam amabile illis temporibus nomen Antoninorum, vt, qui eo nomine non niteretur, mereri non videatur imperium. Whereupon, it seems, was Seuerus his purpose Spartian. in Geta. grounded, that all his successors should haue been calld Antonins as they were Augusti. And when Alexander Seuerus was by those turbulent acclamations vrged to the name of Antonin, he earnestly and often refused it, lest the very name might breed in them expectation of what hee should not in his Empire perform. It was a surname of the Arrian Family, and first in Pius when his grandfather (T. Arrius Antoninus) on his mothers side adopted him. But, when they had giuen him the surname of Pius, it grew to be his name thus: T. Antoninus Pins. Others in continued succession after bare it, and with affectation, either in Forename, Name, or Surname, vntill the Maximins, and, as some of the old Writers would, till [Page 78] the Gordians; all deriuing the honor of it from Pius and Marcus. The Princes or Despots of Seruia, the Turkes call Lazars, from Lazar or Eleazar Bulk (these two being both one name) which first got that territorie vpon Donaw from Calchondyl. de reb. Turcic. lib. 6. & Leunclau. Pandect. Turcic. cap. 46. & 54 Lazarus ille vixit, A. M. CCC. XC. Stephen King of Bulgarie. As also somtimes Bulcoglar, i. the sonnes or posterity of Bulk, which the Seruians expresse, according to their Slauonique, Bulcouitz. So from Crates, the Bulgarian Princes were Crateuitz, as in like analogie, the Dalmatian Cernonitz; the Albanian, Karolouitz, deriuing their title out of the French Carolin stock. But most of these proceed from the autors of the family or predecessors, and are rather Honorable from that priuat beginning, then notes of publique Maiestie. Therefore haue I briefly run them ouer, and come to such attributes which expressely interpret in particular Princes highest Honor or Greatnes. The French Kings haue anciently, as still, been known by that addition of Most Christian. When it began in them is vncertain. Som fetch it from Rome to Charlemaine. But so it should rather haue remaind in the Empire. Som referrè it to the Councell of Orleance, held, vnder K. Lewes or Clouis their first Christian King, about the yeer D. But there are no other words, to that purpose, then Domino Tom. 2. Concil. Aurel. 1. cap. 2. Suo, Catholico Ecclesiae Filio, Clodoueo gloriosissimo Regi, Omnes Sacerdotes quos ad Concilium venire iussistis. In-Indeed in S. Remigius or Remy's Flodoard. hist. Remens. 1. c. 18. Papam, hunc titulū, in Ferdinandum v. Castellae Regem, transferre, in animohabuisse memorat, ex Comi [...]aeo, Mariana hist. Hispanic. lib. 26. cap. 12. Testament (he was first Archbishop of Rhemes) that Clouis is calld Christianissimus Ludouicus, and was the first Christian K. of Great note and Empire, although this corner of the world, our Britain, aboue CCC. yeers before him had K. Lucius which was in Europe absolutely the first Christian K. that storie makes mention of, vnlesse, you think, Tiberius was so, because he somwhat inclin'd to Christianity, and perhaps had embraced it, had the Senat well likt it. Of him, see Tertullian and others since. To the [Page 79] French, diuers bulls of the Pope haue been anciently sent, stiling him with that title. And for the credit of that Nation in this kind, one that liu'd Agathias Histor. [...]. aboue M. yeers since, affirms of them then that [...] i. they are all Christians and most Orthodoxall. He is also called the Eldest sonne of the Church, Filz aisné de l'esglise, which came to him, it seems, from that his predecessors were Emperors. For the Emperor Camden. in Reliq. was accounted Maior Filius Ecclesiae, the K. of France, Filius Minor, and of England, Filius Tertius and Adoptiuus. Of these and particular messages to him, in proof hereof, and such like, his own subiects Du Haillan, Hierom Bignon, Claudé Fauchet, Du Tillet and others haue more. But it is also certain that in letters from Rome our Soueraigns haue been titled with Christianissimus, which, it seems, was before custom had establisht it as proper to the French. The English Monarchs haue had, euer since Henry VIII. the title of Defender of the Faith. Hee in those awaking times twixt Romanists and Lutherans, wrote a volume against Luther in defence of Pardons, the Papacy and the supposed VII. Sacraments. Of this work the Originall is yet Francisc. Swert. in Delicijs Orb. Christ. remayning in the Vatican at Rome, and, with his own hand, thus inscribd.
ANGLORVM REX HENRICVS, LEONI X. MITTIT HOC OPVS ET FIDEI TESTEM ET AMICITIAE.
whereupon saith Sleidan, Pontifex honorificum regi cognomen tribuit, Defensorem appellans Ecclesiae, which is the same with Defender of the Faith: And one, in his Io. Faber. Orat habit. Londini ad Reg. & Proceres. speech to Henry VIII. about holy Warres to bee vndertaken against Mahumedans, hath in, non frustra, diuino inspirante spiritu, hunc & talem titulum quem Rex nullus habet, adeptus es, vt Christianae Fideae Defensor [Page 80] scribaris, tenearis, & sis. It was giuen him about the XII. yeer of his raigne. Catholique is as a Surname to the Spanish King; which Pope Alexander VI. gaue as an inheritance to Ferdinand V. King of Castile and Arragon. Obserue the Iesuit Mariana's relation. Ab Alexandro Pontifice, saith he, Ferdinandus puellae pater (he was father to Ioan wife of Philip Archduke of Austira) CATHOLICI Cognomentum accepti in posteros cum regno trànsfusum stabili possessione. Honorum titulos Principibus diuidere Pontificibus Romanis datur. Erat in more vt in literis Apostolicis adscriberetur, REX CASTELLAe ILLVSTRI; Ergo deinde nouâ indulgentia adscribi placuit, REGI HISPANIARVM CATHOLICO, non sine Obtrectatione & invidia Regis Lusitani, quando Ferdinandꝰ imperio vniuersam Hispaniā non obtineret; eius tum non exiguâ parte penes Reges alios. Here then according to him was the beginning of it, as a title properly denominating and hereditarie, although Alfonso (sonne in law to Pelagius by marriage of his daughter Ormisinda) and Recared or Richard, Kings of West-gothique bloud, there long before enioyed it: the first, as a surname for his religion, and Martiall performance against the Maures, the other by acclamation in the III. Councell of Toledo. And in the old Roman Prouinciall, a Catalogue of Kings, is, expressing Rex Castellae, Rex Legionis, Rex Portugalensis, Rex Aragoniae, with diuers others of other Territories, and then REX CATHOLICVS by that generall name. The Prouinciall was writen (I am sure my Copie was) before Alexander VI. yet I cannot vnderstand who is there ment by Catholicus, except their King of Astures, whose Dynastie was ioynd about M. XX. with Castile. For Castile, Leon, Portugal, and Aragon are reckon'd beside, and that Alfonso about DCCXXX: had the Asturian Kingdom, and to him, most refer the originall of Catholicus. Diuers of the Constantinopolitan Emperors were wont to haue, as part of their [Page 81] title Porphyrogenetes or Porphyrogenetus; for although there be one of them known by the speciall name of Constantine Porphyrogenetus: that is, hee which held part of his Empire with Alexander, about DCCCC. X. and was sonne to Leo VI. and whose admonitions of State, Constitutions, and Themata are yet extant and publisht; yet plainly that was no name proper to him in particular. For he himself calls other De administrando Rom. Imp. cap. 45. Filium item Romanum in libri titulo hoc nomine compellat. [...]. And Basilius his Nouels are yet extant, being before them the same name. So Emanuel Comnenus in his inscription, to the Western Emperor Conrad III. vses it. And, in the Bodleian Library at Oxford, is a Ms. written some L. yeers since by a Cretan Scribe in Paris, a worke of one Iohn Camaterus about Iudiciary Astrologie, with this insciption; [...] Quid sit [...] haùt inter doctos satis constat. Maximae sanè dignitatis Officium fuisse liquet, & à Magno Contostaulo secundū: tametsi le cum eius ignotum tradit Georg. Codinus; ad quem consulas Fr. Iuniū. Sed Gregentij verba, Meursio citata, perpendas, & Cancellarium fuisse fortè non iniuriâ dixeris. Si de Loco testimonium quaeris, adi Iuris Grae [...]o-Romani lib. 2. p. 184. v. Radeuic. de gest. Frederic. 1. lib. 1. cap. 47. [...]. Who this Camaterus was, or to what Emperor he wrote I confesse I cannot tell: but it appears hee took this title so fit that, vsing only but the name of Emperor besides, he thought it Tittle sufficient for his dedication. Yet you must not take it as solely proper to the Emperors. To diuers of the neerer bloud imperiall its found attributed. Iohn Palaeologus, nephew to Andronicus, first Emperor of that both name and family, is called Curopalat. de Offic. Constant. the sonne of Porphyrogenetes. So Constantius, sonne to Constantine Ducas hath it in the Lady Anna Comnena hir Alexias. This Lady Anne was daughter to Alexius Comnenus the Emperor, and wrote hir fathers acts and affairs of Warre and State, in the later and corrupted idiom of the Greeks. Hir copies being very corrupt and maimed. She is also in the title of hir book stiled Anna Porphyrogennetes. Thomas, brother to their last Emperor Constantin surnamd Dragasis, in a confirmation Turco-Graec. lib. 4. Ep. 50. of a sale of lands, subscribes himself with it. [Page 72] More examples occurre in George Phranzes, and others. The reason of the name, learned men haue mist. But it is plain, in truth, that it comes from a Palace, built (as Luitprand. Hist. 1. cap. 2. some say, by Constantine the Great) chiefly to this end, that there the Empresses should be deliuerd and keep the solemnities of Childbirth. The Lady Anne whom I rememberd shall iustifie it. She speaking of Robert Guiscards death (hee is alwayes calld, in her storie, Rompert) and her fathers Triumph, wherein hee returnd to Constantinople: saies that there he found Irene the Empresse, her mother, in trauell in a house anciently appointed for the Empresses childbirth. [...] (saith Alexiados l. 6. shee) [...], i. They call that house, from ancient time, Porphyra whence the name of the Porphyrogeniti Latinè in Porphyra geniti. came into the world. With her herein, expressely agree Constantin Manasses, and Luitprand; and a place in Anastasius touching Constantin VII. depriud of his eyes by his ambitious mother Irene. Incluserunt cum (are the words) in domo Pupureâ, in qua & natus est. Hereto I doubt not but speciall allusion is in that of a Greek Io. Euchaitens. in Hypomneum. [...]. Poet, although a Bishop, yet writing in a courtly form of Flatterie, to Zoe, Empresse and wife to Coustantin Monomachus about M. L. of Christ:
and so, Anna Comnena calls her selfe [...], for she was born in that Palace. Briefly [...], or [...], in Purpura natus, i. born in the place so called are all one, and assumd by such as were there born. Neither is any question to be made of this reason of the name, although Pontanus (who for the Orientall story hath well deserud) still leaues it as a doubt; not vnderstanding Nicetas Hist. 5. Tmemat. 6. Pontanus verò ad Phranz. l. 1. c. 6. de hac re dubitat, & Uulcanius ad Themata Constantini quod miror. Diù verò est cum doctissimus Cuiacius rem doctè tetigerit Obseru. 6. cap. 9. Choniates, [Page 73] where he speaks of the Empresses being neer her time of deliuery, and addes that [...], [...]. the Palace Porphyra was prepard to receiue the Birth. But Pontanus turns Porphyra by purpura, as if it were for Purple cloth, in such a sense Claudian de Nupt. Honorij & Mariae. as in that
which I the rather cite because out of it, the reason perhaps of the imposition of that name on the Palace, may be had. If the Emperors issues at the birth were receiued in Purple cloth (as it seems they were; others Ceion. Posthum in Epistola apud Iul. Capitolin. in Clod. Albino Filius mihi natus est, ita Candidus statim toto corpore, vt linteamen, quo exceptus est, vinceret. children in other colours) what could bee more proper in translation, then to giue the name of that speciall kind, wherein at the first instance of their infancie, they were receiud, to the place appointed only for that receipt? And howeuer it be supposd that the Phoenician Hercules first finding out the pleasing colour of Purple by the Dye of his Dogs mouth, that had bitten the fish whence it is, gratified his Sweet-heart with it; yet a tradition is mongst the Grecians, that he presented it to the King of Phoenicia, who by edict prohibited all but Mich. Glycas Annal. par. 2. cap. de Turris extructione. himself to weare the colour, whence the beginning of it as proper to Greatnes (our Scarlet g Iul. Pollux. Onomastic. 1. c. 3 being now its successor) is deriued. In the Preface to Camaterus his Astrologie;
Where in like sense as in the other testimonies, a compound is made of Porphyra. The Princes, Dukes, or Kings of Moscouy were calld, they say, anciently white Kings, or white Princes. Credo autem (saith Sigismund) vt Persam nunc propter rubea tegumenta capitis Kissilpassa, id est rubeum [Page 84] caput vocant: ita illos propter alba tegumenta, Albos appellari. But I remember Muscouy is calld Russia Alba, and Poland Russia Nigra; there may be the names originall. But Gaguin giues the reason, quod incolae omnium Regionum ipsius imperio subiectarum, vestibus albis & pileis plerun (que) vtantur.
Prester-Iohn. By error so calld. His true name, whence that is corrupted. The Abassens whence. Their vulgar, and Chaldè language. Belul Gian. Beldigian. Iochabelul. How the names of Prestigian in the East Asia, turnd into Prester-Iohn, was applied to the Ethiopian Emperor. Prestigiani. The Ebrew Epistle of Preti Ian to the Pope. The Ethiopique Emperors title. Cham or Chan. Why the Eastern Emperors of Asia are so titled, the Turk, and others. Alwaies Victorious. Carachan and Gylas, two dignities. Car in Scythian, and Carpaluc. Carderigan a Persian dignitie, whence. Chanaranges. Chaianus, Chaganus, Capcanus, whence. A coniecture vpon Fr. W. de Rubruquis. Vlu Can very ancient in the Tartarian or Sarmatique Empire. Canis in the Scaligeran family. The Great Chans Seale and title of later time. The Mahumedan Caliphs. Bagded, not Babylon. The diuision of the Chaliphat and end. The signification of Chaliph and Naib. To whom Chaliph applied. To the Grand Signior in our dayes, and why. A peece of an old French Letter from an Othomanique Chaliph. Seriph, Iariffe. Sultan. The Turkish Salutations. Aphentis, and the Turks title. Amir. Amir Elmumenin. Amermumnes, Miramolinus and such like corrupted in Story. The Turks allow the Pentateuch, and the Euangelists; but say that wee haue seratcht Mahumeds name out of them. Their letters dated with their Hegira, and the yeer of Christ. The Azoars of the Alcoran. The solemn beginning of euery Azoat, [Page 85] vsd by them most superstitiously. An error of Georgeuitz. Our K. Iohn would haue been a Mahumedan, and sent for the Alcoran. Padischach. Musulman. Caesar, Augustus, Caesarea maiestas attributed to the Grand Signior. Hunggiar. Ismael Sophi. The hate and difference twixt the Turkish and Persian Religion, whence. Imamia and Leshari. The beginning and cause of the Persian title Sophi. Kissilbassilar. Enissarlar. Persian Magi. The Magi, not Kings in Persia (Nor those, in S. Matthew, Kings) but in contempt till Artaxerxes. [...]. Elam. Elamits. How the Persians might well be Magi, by the interpretation of their first authors name. What Magus is. Ignorant Franciscans naild Frier Bacons books to the desks. Shach, Schach, Shah, Sa, Xa, Shaugh, Cheque (all one) a speciall attribute to Persian Greatnes. What it is. An error in Bodin about the title of Dominus vnder the Chaliphs. Gelal Eddin. Aladin. The large title of Chosroes. The league twixt the last Rodulph and Achmet the present Sultan, touching their Titles.
CHAP. V.
OVt of Europe wee come into Afrique and Asia where also, the Grand Signior, notwithstanding his Court and residence at Constantinople is fittest to be placed. But first, of that Ethiopian Emperor or Prince of the Abyssins, which is commonly titled Prester John, and, in Latine, Presbyter Ioannes, as if it were Priest Iohn. But, by testimonie of Zaga Zabo an Ethiopian Embassador to the last Emanuel K. of Portugal, the name is corrupted from Precious Gian. For his Ethiopique thus expresses it. [...] [...] i. Gian Belul, quod sonat (saith the translation publisht by Damian à Goes) Ioannes Belul, hoc est Ioannes preciosus, siue altus; Et in [Page 76] Chaldaica lingua, Ioannes Encoe: id, si interpreteris, etiam Ioannis Preciosi siue alti significatum habet, so that Gian Belul is of their true Ethiopian tongue, which they vse in common speech, not that which is spoken and writen in their Liturgies and holy exercises, and known, mongst them, by the name of Chaldè; but, more specially, stiled [...] Giaein i. Libertie, quod nimirùm (as the noble Scaliger yeelds the reason) eâ solâ vterentur Arabes illi victores, qui Aethiopiam insiderunt. For he most learnedly (as in all things els) deriues them thither from the Abasens in Arabia, whence Sept. Seuerus had his denomination of Arabicus, as in one of his Hub. Goltz. Thes. pag. 129. Coins appears, inscribd with [...], of whom mention is made by Ap. Stephan. [...]. in [...]. Vranius, an old author of Arabique affairs, placing them in Arabia foelix, which happily salues their deriuing themselues from Melech son to Salomon (as they fable) by Zaga Zabo ap. Damian. à Goes. Maqueda the Queen of the South. For, where v. Psal. 72. Com. 10. Saba is, were those Abassenes, whence the Latines haue their Sabaei and Tura Sabaea. Thus, mee thinks, those things concurre as it were to make vp on both sides that truth, at which learned men haue been very purblind. And, by likelyhood how should they fitter haue a speciall tongue for their writings and holy ceremonies vtterly differing from their vulgar, then by being transplanted out of some other Nation, and bringing it thither with them? there beeing in it also a mixture of Ebrew, Chaldê, & Arabique; but it is, by them, calld Chaldè, whereupon Zaga Zabo saith that Helen one of their Empresses wrote two books of Diuinitie in Chaldé, and tells vs furthermore that their Prince is not properly stiled Emperor of the Abassins but of the Ethiopians. The Arabians cal them Terra Hhabas, Ethiopia. Ben [...]min. Tudelens, Itinerar. pag. 101. Elhabasen from the same reason, as we Abassins; but they are known to themselues only by the name of Ithiopiawians. Of this Belul Gian, is made that Beldigian, by which, Luis de Vretta a Spanish Frier saies, they [Page 77] call their Emperor. But Bodin notes in his margine to his 1. de Rep. cap. IX. that his name is Iochabellul i. gemma pretiosa, as he saies. I cannot but preferre the testimony of Zaga Zabo an Ethiopian Priest, which in this could not deceiue. But plainly as the name of Presbyter Ioannes is idly applied to him, so it had its cause vpon another mistaking. For, in the trauails of such as first discouerd to any purpose those Eastern States (as they were of later time) is mention Pol. Venet, l. 1. cap. 51. & seq. Ioh. de Plano Carpini. c. 5. & Will, de Rubruquis. Itinerar. made of one Vncham or Vnchan a great Monarch in those parts where now the G [...]eat Cham or Chan of Cathay hath his Dominion; and him, they call Presbyter Ioannes; and write that one Cinchis, whom they fained to haue been begotten on a poore widow by the Sunne beames, as chosen King among the Tartars rebelling against this Vncham, ouercame him; and, from this Cinchis the Tartarian Monarchie hath its originall. And some more particulars of it you haue in the life of S. Lewes of France, written by De Ionuille, a noble Baron of France, that was with him in the holy warres. Hee calls him in his French Prebstre Iehan. This relation is of about M. C. XC. and hath made the readers confound the corrupted names of both Princes, twixt whom, too great distance was to haue the one deriud from the other. And some Aloys. Cadamust. Nauigat. cap. 60. & Lud. Vartomann. Nauigat. 2. cap. 15. vide, si placet, Gerardi Mercatoris Geographiam. trauellers into those parts, haue expressely deliuerd them both as one. But the Diuine Scaliger teaches, that, the Asiatique Vncham and his predecessors were calld [...] Prestigiani, that is, in Persian, Apostolique, and so had the name of Padescha Prestigiani, i. Apostolique King, because of his Religion (being a Kind of Christian, as Beldigian is also) which, in Ethiopique-Chaldé must be exprest by Negush Chawariawi. Doubtles the community of sound twixt Prestigiani, Presbyter, and Precious Gian was a great cause of this error, which, vntill the Portugalls further acquaintance with the Ethiopians, alwayes possest [Page 88] Europe. But I wonder how the learned Munster was so much in this matter deceiud, that hee supposes the Ebrew Epistle printed in his Cosmographie, beginning [...] i. Ego Pristijuan, to be as sent from the Ethiopian Emperor; especially sith hee took notice of both the Asiatique and African Prince abusd in the name of Presbyter Ioannes. The Prestigians affirming in it, that Thomas the Apostle was buried in his country, makes plain enough that it came from the Eastern parts, if not counterfeited. The title likewise is much differing from what the Beldigian vses I will onely adde one example out of Beldigian Dauid his Letters to Damian. à Goes. Pope Clement VII. in Latine thus: In Nomine Dei &c. Has literas is ego Rex mitto, cuius nomen Leones Venerantur & Dei gratia vocor Athani Tinghil (that is, the Frankincense of the Virgin) Filius Regis Dauid, filius Solemonis, filius de manu Mariae, Filius Nau per carnem, filius Sanctorum Petri & Pauli per gratiam, Pax sit tibi iuste Domine, &c. The like is in diuers Letters thence to the Kings of Portugall. But, for that name of Cham in the Tartarian Empire, it signifies Lord or Prince, and that Cinchis, or Cangius, Cingis, or Tzingis (for by these names he is known) was calld Cinchis Cham his sonne and successor Hoccota Cham, or rather Chahan or Chan; although a Matth. à Michow de Sarmat. Asian. lib. 1. c. 8. Polonian, which seemd to haue much knowledge in that his neighboring country, long since deliuerd thus: Imperator eorum (Tartarorum) Ir Tli Ki lingua ipsorum, hoc est, liber homo dicitur. Dicitur & Vlu Cham quod sonat Magnus Dominus, siue Magnus Imperator. Vlu n. magnus, Cham vero Dominus & Imperator est. Eundem aliqui magnum Dog. Imperator Canis dictus est, vbi (que) Odorico in Itinerario, & I. de Plano Carpini. Canem dixerunt, & male interpretati sunt, quia Vlu Cham non significat magnum Canem: Cham etenim cum aspiratione Dominum & Imperatorem: Et Cam, sine aspiratione, cruorem & nunquam canem sermone Tartarorum designat. For the translation [Page 89] of Haithon Ar [...] floruit Monachus sub A. 1290. C [...]r [...]h [...]nus item dictus, & Antonius. Haithon the Armenian out of French into Latine by Salconi, A. M. CCC. VII. hath vsually Can not Cham. And the Turkish, which is but Tartarian, interprets Prince by Chan, not Cham; and Chanoglan, with them, is the Sonne of the Prince or Lord. Yet in Chambalu i. the Court of the Tartar, the m is well permitted, because of pronunciation. The Turks also call this Emperor Vlu Chan in the same signification as à Michow hath written, neither do their Grand Signiors abstain from this title of Chan. Amurad or Morad the III. vsd it ordinarily thus: Sultan Murad Chan bin Sultan Selim Chan elmuzaferu daima i. Lord Murath Prince, sonne to Lord Selim Prince, alwaies Victorious. Where note, with Pandect. Turcic. cap. 3. & hist. Musulmanic. 2. Leunclaw, the agreement of their Alwaies victorious with semper Augustus, semper innictus. In their Ottomanique line is one Carachan (Kara Han in R. Zaccuth) sonne of Cutlugeck, which had hence, that last part of his name. And in those great Epist. Petr. Arch. Russiae ap. Matth. Paris pag. 875. irruptions of the Tartars, about the beginning of the Othomanique Empire, occurre the names of Great Princes, Tartar Chan, Thesyr Chan, Chuis Chan, and such more. But amongst them diuers are m [...]printed with Than for Chan, and one is called Chiarthan, which I doubt not but should be Chiar or Car Chan. So in Friossart, you haue Lamorabaquin, plainly for Almurath Chan, and, in De Ionuille, Barbaquan Verùm & Aggeres Militares, idiomate illo Opientali, Barbicanae dictae (vnde forsan illud nomen.) Albert Aquens. hist. Hicrosolym. 6. cap. 10. Emperor of Persia, whose last termination is perhaps this Chan. Constantin De administ. Rom. Imper. cap. 40. Porphyrogenetus speaking of som Turks which anciently planted themselues in the Eastern part of Europe, [...]ies, that ouer them as Iudges were two Princes calld Gylas and Carchan. But, saith hee, Gylas and Carchan are not [...] i. not proper names, but Dignities. What Gylas is, I confesse, I haue not yet learnd, but my author affirms that it is [...] i. greater then Carchan. Vnlesse perhaps in bold deriuation it might be fetcht from the Turkish word Giul est Rosa Turcicè. Megiser. Lexic. Turcico-Latin. Guzel [Page 90] i. Faire. For why might not one ghesse, that Gylas may com from som such an etymon seeing that Carchan is Cara-chan i. Black Prince or Lord in that language, as all agree. Faire, as well as Black might denominat. Yet, of it, I dare put no assertion. There was a large Territorie whence those Turks came, calld Will. de Rubruq. in Itinerario. Cara-Cathay i. Black Cathay. But I cannot, out of that, see reason for the name of Cara-Chan. Why might not it interpret praefectus Vrbis? a place of high note in the old Roman State. For in that Sarmatian or Scythian (mixt with Turkish) language which held largest Territories in Asia, Car, or Carm (as, in our British, Caer, and in Ebrew Kiriath) signified a Citie, if you beleeu the testimony of a later Io. Tzetzes Chiliad 8. cap. 224. floruit sub Eman. Comneno circa 1170. Grecian, telling vs that Maeotis (the now Mar delle Zabache) is calld in Scythian, Carpaluc i. the City of Fishes, and thus expressing it in his Politique verse:
i. Karm, in Scythian, is a Citie, and Palue, Fishes. Indeed the Turks at this day call a Citie Scheher, which is neer Car. But, this conceit hardly holds. You know Pliny Hist. Nat. 6. cap. 7. teaches that the Scythians calld it, Temerinda, quod significat (saith he) matrem Maris; and at this day the Turks name the Mare Maggiore (the old Pontus Euxinus) next to the Mare delle Zabache, Caradinizi i. the black Sea, which perhaps, being so in Tzetzes his time, may help iustifie the name of Carpaluc, in or neer Delle Zabach. But in these and the like, till I can truly instruct my self, I remain a Sceptique. Howsoeuer, that name of Carchan was of great dignitie also, but not supreme among the Persians. For I imagine their title of Carderiga corrupted (as it falls out) in our Western idioms, to be the same. Cardarigas (saith an Landulph. Sagax Hist. 17. ancient) non est nomen Proprium, sed Dignitas maxima apud Persas, speaking of the self same, which Theophilact Simocatta [Page 91] (he liud vnder Heraclius A. DC. XXX.) names [...] Cardarigan. [...] (saith Maurician. hist. [...]. cap. [...]. he) [...]. i. This is a dignity of the Parthians (you may with him here confound Parthians and Persians.) And the Persians loue to be calld by their Dignities, in some sort disdaining those names imposd on them at their Births. He vses Cardarigan in the first case, which is neer Charchan, and perhaps ill turnd into Chardarigas by the Iesuit Pontan. I ghesse the self same to be that Officiall Dignitie of Chanaranges, rememberd in De bello Persic. [...]. Procopius; and the Armenian that was in the Roman Camp vnder Narses, Iustinians Lieutenant, cald Agathias hist. Tom. [...]. & [...]. [...] Chanaranges, may well bee supposd to haue had that name only according to Simocatta's relation of the Persian custom: And what is (Zamergan [...] or [...]) that greatest Prince of the Hunns in Iustinians time but Zamer or Zaber Chan? Plainly Chaganus or Chaianus occurring in Simocatta, Landulphus Sagax, Cedren, Callistus, and others, is nothing but Chan. So is that Princeps Hunnorum Capcanus in the life of Monach. Engolism. vit. Carol. Magni. Charlemain. But I wonder at that in Frier William de Rubruiquis, where he saith, Can nomen dignitatis, quod idem est qui Diuinator. Omnes Diuinatores vocant Can. Vnde Principes dicuntur Can quia penes eos spectat regimen populi per Diuinationem. Vnlesse you read Dominatores & Dominationem, I vnderstand not why hee saies so. Hee was in those parts A. Chr. M. CC, LIII. But questionles, Cedren well knew the signification of Chan in writing, that the Emperor Theophilus [...] Georg. Cedren. pag 433. [...] 1. receiud an Embassage from the Chagan or Chan of Chazaria: as if hee had said the King or Prince of Chazaria. This Chazaria or Gazaria, is that which the ancients call Taurica Chersonesus, almost inisled by the Seas Delle Zabache and Maggiore. For the Asiatique Sarmatians [Page 92] or Scythians which Simocat. Mauric. hist. 7. cap. 8. & Agathias. lib. 5. anciently vnder Iustinian planted themselues about the Riuer Donaw, and in this Chersonesse, calld their Prince, as in their own country language, a King or Lord was stiled. And Chersonesus Taurica hodié (que) (saith Leunclaw) habet suos Chahanes. The word is rather Tartarian, then Slauonique, although, I see, great men say it is Windish, that is, Slauonique. But those tongues are much mixt, doubtles with each other. Those ancient Tartars, and the Northern Scythians by them, in that large Tract from the East of Asia euen to the Riuer Don (anciently calld Tanais) had long before the Tartarian Empire of Tzingis, their Emperors honord with that title of Vlu Chan, which perhaps is but corrupted in him they call Vmchan. For aboue M. yeers since, one of most large territorie in those parts, thus inscribes his letters to Maurice the Roman Emperor. [...]. i. To the Emperor of the Romans the Vlu Chan (or Great Chan) Lord of seuen Nations and Ruler of the seuen Climats of the World. So my autor Theophil. Simocat. hist. [...]. expresses it in Greek, but by all likelyhood the originall calld him, as they do now the Emperor there, Vlu Chan. In the Scaligeran family or De la Scala, deriud from the house of Verona (being by originall Gotthique) one of the line is calld Canis, which, they say, had from Ios. Scalig. de vita Iulij, in Epist. ad Ian. Douzam. this word vsd in Slauonique its beginning. In the Great Chans Seale (as Frier Iohn de Plano Carpini, that was sent Embassador into those parts by P P. Innocent IV. in M. CC. XLVI. affirms) was writen this interpreted. Deus in Caelo & Cuine Cham super Terram; Dei Fortitudo. Omnium Hominum Imperatoris sigillum. And his Ap. Vincent. in Epecul. lib. 32. cap. 28. title was vsually Dei Fortitudo, omnium hominum Imperator. And Simocatta remembers more anciently a Prince of those parts which they v [Page 93] sed to call Et Nicephor. Callist. hist. Ecclesiast. lib. 18. cap. 30. Taisan, that is (take it vpon his credit) the sonne of God. In Turkish or Tartarian, I think Tangeroglan is the same. But of Cham, Chan, or Chahan thus much. Diuers of the titles vsd in the Northern Afrique, and vnder the Grand Signior, are the same; the Princes there being either out of one root and nation, or, at least deriuing themselues so. In the beginning of the Mahumedan Empire in Bagded and Damascus, Mahumed's successors were calld Chaliphs. This Bagded is not Babylon (as many erroniosly think) but the old Geograph. Arabs ap. Scalig. Can Isagog. lib. 3. & Plin. lib. 5. cap. 26. Seleucia seated neer the confluence of Euphrates and Tygris, new built by Abugepher Almantzor Chaliph there, about DCC. LX. after our Sauiours birth; and, by the Doctrine of Triangles, if Ptolemy deliuer their Longituds and Latituds right, making Babylon Longitud LXXIX. Latitud XXXV. and Seleucia Long. LXXIX, Scrup. XX. Lat. XXXV. Scrup. XL. then is the old Babylon and this Bagded distant about XLIV. English miles; if you put nee [...]e LX. of our miles to euery Degree of Latitude. But Beniamin Ben-Iona, who saw and obserud them both, saies they are distant but XXX. miles. Whil'st the Chaliphat remaind vndeuided, this was the suprem and sole title of him which as successor to Mahumed, had Dominion ouer Syria, Assyria, Arabia, Aegypt, Afrique and Persia; Afterward about the yeer of Christ DCCC. LXVIII. Syria and Egypt was taken from the Chaliph of Bagded, by Abrah. Zaccuth in Chronic. Caeterùm de primo Apud Aegyptios Chalipha Consulē dus Will. Arch. Tyrius Hist. Ecctes. 19. cap. 19. & 20. & Iacob. de Vitriaco lib. 1. cap. 8. Achmad Ben-Tolon, assuming to himself the dignity of Caliph of Egypt, The chief Caliph's Amirs also and Lieutenants, constituted in Africa, reuolting tooke the Name: and those which in Spain about Iustinian. Rhinotmetus his time, planted themselues, as it seems, likewise. Between M. CC. XL. and IX. The Caliphat in Bagded and Egypt ended. That of Bagded ended in Musthaitzem, when those numerous Theophan. ap. Constant. Porphyrog. cap. 21. armies of Tartars (out of whom the Turkes are) ouerran [Page 94] most part of Asia. And the Mamaluchs (that is, a kind of Equestris Ordo, or Militarie Tenants or seruants of State; as the Ianizaries in Turky or the Timariots.) got the supremacie in Egypt. An old Monk speaking of the Tartars Matth. Paris pag. 1278. victories ouer the Saracens, Arabians, and the rest of Asia vnder the Caliphat, saies facti (que) sunt eisdem Tartaris multitudo Gentium in Tributum, Soldani videlicet, Admirabiles, & Principes, etiam Caliphi. Where he comprehends three of their speciall titles (although somwhat mistaking in one) and therefore the rather I added his words. But the meaning of this of Caliph is, out of its interpretation, Successor or Vicar, although Megiser in his Turcico-Latin Dictionary, turnes it Princeps. Chalipha (saith the Canon. Isagg. lib. 3. great Scaliger) est Vicarius, & ita vocari Vicarios Praefecti Praetorij nihil impediret, si quidem Arabicè appellandi essent. Sed quum Naib idem sit quod Chalipha tamen Pontifices soli dicti sunt Chaliphae, Legati autem & vice Principum Prouincias regentes vocantur Naibin, vt Naib Essam, Legatus Syriae. And, hoc nomine (saith Beniamin Ben-Iona, who, during the Chaliphat at Bagded, was there) Caeteris omnibus Ismaelitis Regibus (so Arias translates him) suspiciendus venerabilis (que) habetur: Praeest n. omnibus illis vt summus quidam omninum Pontifex. The name then as it signified successor, in supremacie was proper to the Sultan or chief Emperor, and as it respected Mahumed; withall it was communicated, it seems, to subiects, that were Mahumeds Priests. For in Cantacuzen's orations against the Alcoran, hee speakes of one of their Doctors, which being dead was found with a Crucifix about him, by reason whereof the Mahumedans would not bury him where they vsed to lay [...] i. their Chaliphs, and said that the Doctor was [...] i. a Caliph by dignitie, which I interpret a Priest or Vicar among them. But perhaps Cantacuzen means the Caliph of the Egyptian State, [Page 95] vnder the Mameluchs (for that was in his time) which indeed should by right haue had the Sultans place, but at the inauguration of a new Sultan the Chaliphs mongst them vsd for fashions sake to make a solemn and imaginarie sale or resignation of the Chaliphat (that is the true right of being Emperor) to that Sultan, who of the Mameluchs, or by their autority was to succeed. By Legat. Babylonicae lib. 3. Peter Martyr its thus exprest: A summo eorum Pontifice Mammetes confirmatur. Habent n. & ipsi snmmum Pontificem, ad quem huius imperij machina, si Aegyptij homines essent, pertineret, (for the Mameluchs were originally Christians Apostataes; first taken vp as the Ianizaries) Ius suum, vt caeteri consueuere, Mammeti Cairi Regiam tenenti, M. Pounds in our monie. trium millium auri drachmarum pretio Pontifex vendidit. Is CALIFFAS dicitur. E tribunali, Soldano stanti pedibus, vitae necis (que) liberam potestatem praestat. Ipse descendit seipsum spoliat, Soldanum Imperaturum induit: abit priuatus, permanet in imperio Mammetes. He speaks of the inauguration of one of their Sultans, Mahomet or Mahumed whom he cals Mammetes. Yet the Chaliph there retaind his name still, and continued afterward as high Priest to the Sultan. For Martin à Baumgarten speaking of the presence of their Sultan, and stately attendance of XX. M. Mameluchs, saies that not farre from the Sultan or Soldan, sedebat loco depressiore Papa eius, quem ipsi CALIPHA Nominant. And mongst the Persians at this day some inferior Cartwright. Peregrinat. Priests are calld Caliphs, subiect to their great Mustadeini. And to one of them the inauguration of the Sophi (heretofore in Cafe, now in Casbin or Hispaan) belongs, as mongst the Mameluchs it did to the Aegyptian Sultan. And a like form of an imaginarie Caliphat at Bagded since the Tartarian state began, as that of Egypt or Cair was, is reported by Writers Pandect. Turcic. cap. 237. of those parts. Yet both in regard of the Spirituall succession (if that word may be allowd mongst those wicked impostures) as well as [Page 96] of the Temporall, the supreme Sultans bare it, whervpon Roderic. Toletan. lib 7. cap. 10. Matth. Paris pag. 170. Robert. Monachus. Hist. Hierosolym. 6. alij. old Writers interpret Chalipha by Papa expresly, knowing they had both challenged the title of Supreme Vicar. And the Persian Sophi also hath as Vicar or successor to Ali the disposition of all his Churchmen, as if he himself were ecclesiasticall. And anciently the Caliph of Bagded is Seig. de Ionuille Chroniq. de S. Loys, chapit. 74. stiled L'Apostole des Sarrazins. And, although the Othomanique be not of Mahumed but meere Turkish, yet the Sultans of it haue vsed the title of Caliph; so expresly affirms Leunclaw of Amurad III. whose Letters to Rodulph 11. hee had seen contain it, and Osmanicis (saith he, vsing that word for the Othomaniques) persuasum est principem suum esse Caliphen huius seculi. It was discontinued in the two Selguccian Hist. Musuluanic. 1. Families, but by the Oguzian, whence the present Othomanique is, renewd; and vsed, and in the very infancie of their rule was affected by them. Its iustified by this imperfect title of Orchan Giazi (sonne to the first Othoman) his Letters to the States of the Adam Myrimuth. Chronic. Angl. Ms. Saracens in Afrique and Spain, for their innasion of the Christian Spain, writen about M. CCC. XL. and translated by a Captiue Saracen into Latin, and thence into Spanish, and afterward into French, & sent in certain Letters of State intelligence to our K. Edward III. I will not alter a letter otherwise then my Ms. author directs me. De moy GOLDIFA, vn ley EXERIF, SAVDAN, seignior sages fort & puissant Seignior de la mesen de Mek du seint hautesse & en la sue saint vertu fesant Iustices hauts & basses, constreignant sur toux constreignants, seignior du Railm di Turky & de Percye, retenour des terres de Hermenye, seignior de la [...] Dobble & de les dobbles de la mere meruailouse, per ceinor de les febles ore auutz en laseint ley Mahomet, seignior de la fort espee de Elias & de Dauid que tua—my book instructs me no further, but is here torn. But without doubt, that Goldifa is but Chalipha. How easily the difference [Page 97] comes, any man may see. I haue faithfully transcribd it, but confesse, I vnderstand not all the words in it. The matter is apparant. The word Chaliph is deriud into Arabique from the Ebrew [...] which, with difference of dialect is the same in Syriaque, and properly signifies vice or [...]. For, where in S. Matthew cap. 11. it is rememberd that Archelaus reigned [...] i. in stead of Herod, the Syriaque hath [...] Chealaph Herodes. In Arabisme it is [...] Chaliph i. (saith Raphalengius) Successor, Vicarius. Imperator. And the Persian Sophi hath vsd this title. The first, Schach Ismael, on one side of his Coins had stampt Ismael Caliph Millah i. Ismael the successor or Vicar of God. Why in those letters, he is calld Un ley exarif, I wholly conceiue not. But plainly that of Exarif is the title of Xeriph or Sheriph, which is somtimes put in their stiles. Notum (saith the painfull and learned Pandect. cap. 3. Leunclaw) quanto sint apud Mahumetanos in honore qui recta linea tam a Propheta Mahumete, quod ab Ali Mahumetis genero, descendunt, aut se fingunt descendere. Hi Turcis Tartarisque SEITHI vulgo dicuntur, Arabibus autem SERIPHAE: quos maximâ sane veneratione at (que) obseruantia quum prosequantur, etiam ipsi Sultani SERIPHARVM Idem est quod Iariffe in Litt. Imperatoris Maroci, Hispanicè editis ab Hackluito Tom. 2. part. 2. pag. 118. & 119. adpellatione velut Augustiores se reddere volunt. The word interprets High or Noble. The late publisht Lexicon thus: [...] Sheriphun. Celsus, llustris, inclytus, nobilis, Augustus. But, to make Seriph equiualent in analogie with Syncellus, which was the next degree in Constantinople to the Patriarch, and to haue like regard to Chaliph (as some haue done) is but, I think a piece of Graecian vanitie. The name Saudan is there, what elswhere is often Soldan, but should be prorounced Sultan. And the Grand Signior is somtimes stiled Sultan Olem i. Lord of the World. But Sultan is vsually in his stile, and signifies only Dominus most properly. [...] in Eccles. cap. 8. com. 4 est potentia, siue Dominiū â [...] i. Dominari. & Com. 8. [...] Potens, siue Dominus. [...] Sultan i. Rector or Dominus. And, as in [Page 98] Rome, the Salutations were by Domine, so in Turkey they say Sellam aleich Sultanu i. Peace be to you Sir, as Georgiuitz deliuers. The word occurres in Writers both Greek and Latine of later times, very often. The Latins haue it Saladinus somtimes. In Letters from Selim the II. to the state of Venice, sent about M. D. LXX. of Christ, and written in most barbarous Crus. Turco-Graec. lib. 4. Epist. 60. Greek, thus is he stiled: [...] with a large reckoning vp of Prouinces and Dominions, [...]. i. Sultan Selim Prince of Constantinople, New Rome &c. Lord and King of what is comprehended in our sight vnder the Sunne. That Aphentes is but a corrupted word from [...], which the later Grecians call [...] i. a Lord or such like; their custom being vsuall in proper names and diuers other words, to make the termination in [...]. In Letters lately sent from Achmet the now Grand Signior, to the States of the Low Countries, he is only stiled Sultan Achmet Cham; as the English Copie speaks, and in their Coins the attribute of Honor is Sultan only. But most commonly their Titles were wont to bee exceeding copious of attributes, with which or the like they now vse to ouer-load those Princes to whom they write; whereof in the end of this Chapter, more. To Selim the first his statue, in his sonne Solymans Bedchamber was added Lonicer. Chronic. Tom. 1. lib. 1. an inscription, thus exprest in Latine, Soldanus Selimus Ottomanus, Rex Regum, Dominus Omnium Dominorum, Princeps omnium Principum, Filius & Nepos Dei. But Sultan is not proper solely to the Grand Signior. As most of the other names, and the like in other States, it is communicated. Hee stiles himself somtime Amir also, i. a Lord or Prince. In Arabisme [...]. I know this is oft giuen most anciently to Chaliphs and Lieutenants, and such like, and is at this day to others. Of Vide supra pag. 49. Et cap. vlt. lib. secundi. Amirs more anon. But it [Page 99] being put with the maiestique addition of Great, only signifies the Grand Signior. A Persian and a Mahumedan, Sampsat. Sphach. Musulman. Epist. ad Melet. Monachum. liuing neer the beginning of the Ottomanique Empire, calls all Turkey i. The Country of the Great Amir. [...]. And [...] alone is found in the Lady Anne hir Alexias, Phranzes and such more; and Cedren, speaking of Abubachar the first successor of Mahumed, saies that [...] i. He was Amir 11. yeers and a half, and then died. At this name, Matthew Paris ghest in his Admirabiles, other in their Admiralli, Ammiralli, and the like, which the autors of the holy warres are full of, & Admiraulx, as De Ionuille alwayes cals them. But the most ancient and proper title they vsd is with addition thus: Amir-elmumunin i. Rex Orthodoxorum, or Fidelium, which the Arabique thus expresses: [...], in the same sound and sense. And Mahumed in the Alcoran is often calld the chief of the Beleeuers. And where Beniamin Ben-Iona speaks of the Chaliph of Bagded, whom he calls Amir Almumanin Alghabassi, it must bee vnderstood that none of all that was his proper name. And that of Alghabassi ( [...]) is only one of the Abassilar Family, which is famous among the Chaliphs. Therefore, vnder fauour, Arias his interpretation of Alghabassi was little to the purpose, or rather against the Autors purpose. An old Writer Rigord. in vit. Philipp. Augusti. idem Iacobus de Vitriaco lib. 1. cap. 9. & Marin. Sanut Tors. lib. 3. part. 3. cap. 5. qui tamen vtri (que) hoc Chaliphis Africanis maximè Tribuūt. of France long since well interpreted it. Hemiromomelin (saith he) i. Rex Credentium. But the same author not long after in the self same Treatise is much to blame, when he writes, Rex quidam Saracenus, qui dicebatur Mumilinus, quod, lingua eorum, sonat Rex Regum. For plainly Mumilinus was but corrupted from this we speak of, as also Amiromomenius which often occurres in Roderique of Toledo his Spanish storie, and the like other ancients of the Holy Warre. This the middle Grecians call [...] (for so is it neerest the right) although somtimes its [Page 100] in the self same autor, [...]. Lately (saith Ap. Constant. Porphyrog. de adm. Rom. imp. cap. 25. Theophanes a Chronologer of middle times in Greece) the Amir of Persia or Chorasan became an absolute Prince, by reason of the declining state of the Amermumnes of Bagded (whose Lieuetenant he had been) [...]. i. and calld himself Amermoumnes, and wore the Alcoran about his neck with little plates (so I interpret it) like a chain, and supposd himselfe descended from ALEM. Where note that all the Mahumedan Princes reuolting from the See of the first and chief Chaliphat which was at Bagded, referre themselues to Alem or Ali Mahumeds sonne in law. So did those in Aegypt, and Afrique: where, they were cald Phatemits from Phateme, Mahumeds daughter maried to Alem. And this hanging the Alcoran about his neck, was a very Emblem of his assumed name; the Orthodoxall religion of them (if among them any religion may be said to be) hauing its chief root in the Alcoran, although beside they respect the Peutateuch, which they call The writings of Moses. Vide Iac. de Vitriaco li. 1. cap. 6. & Oliuer. Scholastic. de Captione Damiatae. Mussalkittabi, (out of which diuers relations, but most absurdly connext, are inserted in their Alcoran) and the new Testament also; affirming that our Sauiour was a great Prophet, and that he promisd in it to send his Prophet Mahumed (O blasphemy!) but the Christians (the Gaurlar in their language) [...], as my author Cantacuzen. Apolog. [...]. 4. Sampsat. Pers. in Epist. Meletio. & Alcoran. Azoar. 71. saies, i. in spight haue taken that out of the Gospel, wherein they, say b Doctr. Machumet. Mahumeds name was once written, as likewise on the right hand of the Throne of the Almighty. But there, they say he is calld Achmet, and in Paradise Abualtrazim, and on earth only Mahumed. And in their Dates, somtimes they vse the yeer of Iesus, as they call it, as well as of their Hegir est [...], siue persecutio, at (que) in hac re dictum, quasi religionis gratiâ fugisset Mahumed. Hegira i. Mahumed's flight out of Mecha in DCXXII. of our Sauiour. So I haue seen [Page 101] letters to the late Queen Elizabeth of most happy memory, dated DCCCC. XCVIII, of Mahumed, and M. D. X C. of Iesus. And in a letter in Italian from the Sultan Anurad's chief wife to Q. Elizabeth, the Ap. Hackluit. part. 2. pag. 311. yeer of M. 11. Del Propheta i. of Mahumed, and di Iesu M. D. XCIV. So in the Waser. de Antiq. Nummis. lib. 2. League twixt Rodulph II. and Amurad III. Remember, they vse Lunar yeers, as the old Arabians did, and that their Epocha is in Iuly, otherwise you may doubt of the concurrence of those numbers. And the Almumens, that is true Mahumedans are (beside their generall profession) so superstitiously addicted to that foppish volume (the Alcoran) that in euery action almost they vndertake of great or slight nature, they vse the formall beginning of the Suareths or Azoars i. the chapters of it. Of those Azoars, are in their books CXIV. only; the translations amongst vs, being deuided into CXXIV. but, after the VI. (which is in the Latine the XVI.) agreeing in that point, with the Originall. Euery of those Azoars begin with Besemi Allahi alrrhehmeni alrrhehimi i. In nomine Arab. vero qui Christo nomen dederunt, libros suos à Nomine Dei Patris, Filij & S. S. semper auspicantur. Vti Manuscrip ti codices veterum Monachorum, Assit Principio Sancta Maria meo, plerum (que) fronte gerunt. Dei Misericordis Miserantis, which they solemnly speak. And the King of Morrocco puts it in the beginning of his letters most commonly, as those examples which I haue seen, iustifie. In omni operis principio (saith Georgiuitz in the person of a Turkish Mahumedan) vbi (que) vtimur nos Musulmani istis Bi sem n. in numero omittitur, vt quod ad contextum solummodò adhibetur. tribus verbis; Cum assedimus mensae vt edamus haec praemittimus verba: cum abluimus manus, euntes ad orationem, & caetera membra corporis. Insuper peracta lotione ter repetendo haec tria verba, aquâ aspergimus capita, dicendo Bi sem Allahe elrahmane Elraoahim. Georgeuitz so expresses it, and makes the last word signifie spiritus eorum, wherein he was much deceiu'd, although indeed Raohaim might in our characters and pronunciation be vnderstood so, and the Arabique in this passage might endure to haue it so by [Page 102] vs written. But in the Originall, its apparant, no such construction can be. For the titles of the Azoars, which I saw first in a most neat and anciently written Alcoran, remaining in that famous Bodleian Library in Oxford, are thus in Arabisme [...] where any man which hath tasted these kind of Letters, may see that the last word hath a Radicall (Mim) which is not in Ruach, signifying a Spirit. The three words haue ouer the Aliphs their point Vashlu, which some Arabians superstitiously obserue, as a token denoting that so many words concurring as haue that point, are to bee pronounced with one breath, which, they say, must be don although a man stifle himself about it. But this, by the way. This Amerelmumenin is plainly interpreted in that of the Tartar Haoloh (so som call him) to the last Chaliph in Bagded, rememberd by Haithon the Armenian. Tunc dixit Haolonus Calipho: Tu diceris Doctor Omnium Credentium, in falsa secta Mahumeti. One of our Matth. Paris in pag. 324. A. M. cc. XIII. Reg. Ioh. XVI. Monks calls the King of Marocco, and those parts, Admiralius Murmelius, stumbling at his name. It may be not vnpleasing to read the whole place where it is. Misit ergo nuncios (he means our K. Iohn) secretissimos cum festinatione summa, videlicet Thomam Herdintonum, & Radulphum filium Nicolai milites, & Robertum de Londino Clericum ad Admira ium Murmelium, Regem magnum Africae, Marrochiae, & Hispaniae quem vulgus Miramomelinum vocat (it was the better word of the two) significans eidem quod se & regnum suum libentèr redderet eidem & dederet, & deditum tencret ab ipso si placeret ei, sub tributo. Necnon & legem Christianam quam vanam censuit, relinquens, legi Mahometi fidelitèr adhaereret. A strange designe! but the Amir there told the Embassadors, that hee lately had been reading S. Paules Epistles, where hee found many things which likt him; only this, he much dislikt S. Paule, for that he followd not that Religion vnder [Page 103] which he was born. And of that also in K. Iohns request, he took a very ill conceit, affirming that if he had been without a religion, of all other he would soonest haue embraced Christianitie, but that euery man should liue in that Law and Religion vnder which hee was born. And so discharged them. To this day the successors of that Emperor in Fesse and Marocco keep the addition of Amirelmumenin, as the Diuine Canon. Isagogic. lib. 3. Scaliger, who was wont to interpret their Letters to the Vnited Prouinces, instructs vs; which is also to be seen in som of Mully Hamets Letters, translated into Spanish, and Ha [...]kluit Tom. 2. part. 2. pag. 118. publisht. The Grand Signior rather hath in later Barth. Georgouitz. cap. 3. times vsed the title of Padischah Musulmin i. Great King of the Musulmans. Padischah is, in Turkish and Persian, great King; and they call the German Emperor Urum Padischah, the French King Frank Padischah. Quare (saith my autor) non attribuitur inferioris conditionis Magnatibus nisi Imperatoribus & Regibus. A professor of Turkish, turns Musulman by circumcisus. But the word is plainly Arabique [...] Musulmin, plurally, i. (as Mumenin) Orthodoxi, Fideles, or qui sincerè credunt, as the learned Raphalengius interprets it. Hence is it made singular in Musulmanus and [...]: often occuring, specially in Sphachanes the Persian, and the Emperor Cantacuzen's works; whence they haue their Verb [...] i. to turn Turk or prosesse that Religion. The Amurad so titled himself in Letters to the King of Poland, & so haue I seen him writen in Letters to our Q. Elizabeth. But the greatest attribute which they vsd since the taking of Constantinople (thereby hauing seated themselues in an Empire of greater note then worth in the later times) is Huncher, Hunchier, or Condichiar ap. Spanduginum. Hunggiar, as Leunclaw writes it; Id propriè (saith he) titulo nostrorum Augustorum respondere volunt, quo se imperatores Caesares appellant. And there haue been letters sent from this Lit. Elizab. Reg. Dat. 1579. apud Hackluit. part. 2. pag. 138. Et saepius Caesarea Maiestas nostra occurrit in Foedere icto inter Dn. Elizab. R. & Turcarum Imperatorem, quod videsis apud eundem pag. 141. 94. v. pag. 158. & in Literis Mustaphae Chausij, Amurades dicitur Augustiss [...] mu Caesar. pag. 171. State in Latine, calling the Grand Signior (Amurad III.) Augustissime [Page 104] & inuictissime Caesar. Which his own countrey men by their Interpreters haue also giuen him. And in Sinan Bassa's Letters to Q. Elizabeth of happy memory, Caesarea Celsitudo is often for Sultan Amurad. The first that vsd this Hunggiar was Mahumed II. which took Constantinople; and, after him, his sonne Baiazeth and Selim imitated him. Whereupon, saith my autor, Ismael Schah the Persian Sophi, both in dishonor of the Grand Signiors, as also to vpbraid their superstitious abstinence from Swines flesh (for that Iewish ceremonie was wont to be of so great moment and regard amongst them, that, when they took a solemn oath for confirmation of any league or the like; to the two execrations, first that they might be as much dishonord as he that for his sins goes in pilgrimage to Mahumed, bare-headed, secondly as he that had cast off his wife, and taken her again, they added this third, that if they stood not to the Couenants of State, ilz fussent dishonorez & deshontez, come le Sarazin que mange le chair de Pourceau, as De Ionuille that was amongst them with S. Lewes, speaks) Ismael, saith he, for that reason was wont to keep a very fat Hog and still call him by the name of that Turk which then raigned, thus: Hunggiar Baiazeth, or Hunggiar Selim. This Ismael was the first Persian King, that bare the now famous name of SOPHI. And its origiginall thus take. Besides the foure associats of Mahumed (Abubaker, Omer, Othman, and Ali) which presently after him were the propagators of his sensles traditions, there are other ancient Doctors forsooth of that Church (they call them Imamlar) as Cantacuzeno sunt alia nomina, corum qui Mahumedis Doctrinā dilatarunt, at (que) vti P [...]tres aut summ [...] Doctores praefuerunt Orat. [...]. Ebuhanifem, Imam Malichim, Imam Schoaffim, Imam Achmet, and others; all which foure the Persians deadly hate, nor admit they of their doctrine. Neither will they allow of any traditions from Abubaker, Omer, or Othman; they are altogether for Ali, to whom, they say, the Angel Gabriel should haue giuen the Alcoran, but by [Page 105] error, in stead of him he tooke it to Mahomet, and that Ali should haue been the generall Chaliph, but that the other three, by aid from som which ill bare themselues in that holy state, cosend him of it. A controuersie worth examining! Not a book or monument of the doctrine of either of those three, but when they find it, they burn it. This Sect from Ali was deduced into Persiae by the doctrine of one Schach Sophi, who deriud himself from Ali, and liud about M. CCC. LXX. But an African Lib. Elfacni. ap. Leon. Afric. hist. 3. Atqui memineris hîc quae habet Will. Tyrius hist. Hierosol. lib. 1. cap. 4. & lib. 19. cap. 20. de Sunni & Schia (vt impressi Codices loquuntur) at (que) eum insuper de Ali consulas, quin & Ionuillanum in Vit. S. Ludouici cap. 30. & 57. & mira sane est inter Scriptores de hoc pseudopropheta, ac de eius sequacibus discrepantia. quam hic occuratius euncleare non est operae pretium. expressely affirms that in Mahumedisme were anciently LXXII. Sects, and now but two; that is, the Persian, which he calls Imamia (namd from the doctrine, it seems, deliuerd by Imamlar i. Priests or Doctors, and Ali was specially namd Imam) and Leshari which those of Afrique, Turkie, Egypt, Spain and Arabia follow. What his Leshari is, I know not, vnles those which follow Aser Ben Cheter (of whom Cantacuzen speaks, as of one of their speciall ancient Doctors) be thereby vnderstood But all of that Alian Sect are so hated by the Othomaniques, rhat their Turkish Muftis (that is their Patriarchs or Archbishops) haue deliuerd, that its more meritorious, in Mahumedisme, to kill one Persian then threescore and ten Christians. From that Schach Sophi through diuers descents came one Haidar (Prince of Erdebill) liuing about M. D. of the only Sauior, and taught his ancestors new dogmaticalls, shewing withall the Othomanique heresies. Vpon the new doctrine (as it happens) great conflux was to the new Doctor, who grew so farre into opinion, which creats greatnes, that Vsun Chasan then King of Persia, gaue him in marriage his daughter Martha, descended out of the Greek house of the Commnens Kings of Trapezond. By Martha, Haidar had a sonne namd Ismael. Vsun Chasan left his sonne Iacupheg, or Sultan Iacup (as hee is calld) his successor. Iacup began much to suspect his brother in law Haidar's sonne, [Page 106] and his multitude of followers. To preuent further danger put him to death. His nephew Ismael hardly escapt him, but fled with his mother to his fathers friend, one Pircul a Lord of great rank about the Caspian Sea (The Turks call it Culzum Denizi i. the close or shut Sea; its vsually in our Charts Mar de Bachu) and there had his education according to his fathers Religion. Sultan Iacup the King was poisoned by his wife; Aluan or Almut (as some call him) succeeding. Ismael now, pretended the challenge of his fathers estate, place, and his own inheritance inuaded part of Persia; had the day against Aluan; slew him; put his brother and successor Amurad Chan to flight; and vpon his death got the Persian Empire to himself. To him beeing thus one of their Sophilar (a Sect comming from that Scach Sophi) and descended from both Ali und the Schach Sophi, first autor of the Sect, ab Osmanidis (saith my Leunclau. Pandect. Turcic. cap. 81. & 188. Circa A. D. M. D. XX. Nec tn: Pandectis acquiescas nisi optimi Viri etiam Historiā Musulmannicam inspicias lib. 16. autor) SOPHI cognomentum, & KISELIS BASSAE per ignominiam fuit inditum, a SOPHI Arabica voce quae Lanam signisicat. Quippe cum Mahumetani & presertim Osmanici, more veteri, Tulipanto lineo subtilissimi operis caput inuoluant, noua isthaec Sophilariorum religio praecipit inter alia, ne caput fastu quodam lineis eiusmodi spiris ornetur: sed vt tegumenta Capitum è Lana, non magni re pretij, conficiantur. Et qnia laneum hoc tegumentum capitis, quo praeter aliorum Mahumetanorum morem, hi nunc vtuntur, plicas habet duodecim, & Arabica vox Enasser (I think he should rather haue said Etzenaser) duodecim significat, etiam aliud nomen Enasserlariorum consequuti sunt, ac si Graeco vocabulo dicas Dodecaptychos, aut Latino Duodecimplices. Quod deinque tegmen eiusmodi rubro duntaxat colore tinctum gestare soleant, Kisselbassilarij quoque dicti sunt, veluti Capita rubra: The Persians being before called by the Turks Azemlar, and their Territory Aiem or Azeim. Thus came this Schah Ismael and his successors [Page 107] to bee calld Sophi and Kessel bassae also. Thus hee; and in the deriuation from Wooll diuers follow him. But, saies most iudicious De Emendat. Temp. lib. 5. Scaliger, Quod quidam SOPHI a flocco lanae dictum volunt, hoc leuius est ipso flocco lanae. Hee therefore deriues it from [...] Tzaophi i. Pure, elect, holy, one of a reformd Religion; which they professe against the Othomaniques, with like hate as the Samaritans had against the Iewes. I am easily perswaded to bee of Scaligers mind for the reason of the name. But the whole story of Ismael is diuersly deliuerd. Leunclaw differing in his Musulmanique story from what he had in his Pandects deliuerd of it; thinking withall that the Alian or Sophilar's heresie is not from that Ali which was Mahumeds sonne in law, but from Ali Abasides, whose Genealogie you may see in him. Deijs, alij eadem affirmant. Sed an Sophilarij Mahumedem excrantur? minimè certè Ismaelis n. Nummi inscriptio erat, Mahumed Resul Allahe i. Nuntius Dei. Leuncl. Musulmanic. lib. 16. In De Ionuille his life of S. Lewes Ali is called alwaies Hely, and vncle to Mahumed; and his followers, Beduins which accounted all Mahumedans (saith hee) miscreants. But the name of Sophi had its originall in that Shach Sophi, who, I doubt, had some other proper name; for, Sophi by all likelyhood was giuen him with regard to his reformd profession, as the word interprets, yet Ismael dicitur [...] Hist. Politic. Constantinop. à Zygomal. transcript. Haidar (who I ghesse is calld Erdebil or Arduelles, as Iouius or Surius writ him, but from the place Erdebil Arduille or Ardobille where hee and, his ancestors were Schachs) may be affirmd the author of the Sect, as it is now Royall amongst them, because in his time began the King to oppose it, which opposition was there cause of Ismaels following greatnes. What Ramusius, Minadoi, Iouius, Osorius, Tarik Mirkond, and most other haue of this matter at large, you may find compendiously deliuerd in that Late work, composd by great industry out of infinit Reading, by my learned and kind friend Mr. Purchas. Their variable discourses of this point fit not this place. That deriuation, from Tzoaphi, plainly howeuer continues. But its [Page 108] said that in Persia they call not the King the Sophi, but vsually the Schach i. the Lord, or the Signior. It may well be so: for indeed euery man is truly there a Sophi, if not a Mahumedan herotique; that is eyther of Shach Sophi his Sect, as he should be, or of the Othomanique Religion. But why it should bee abstaind from amongst them as disgracefull (which som Ap. Hackluit. Nauig. Part. 1. fol. 397. affirm, because Sophi signifies there a Begger) I conceiue not, no more then why the King of Spain or France should dislike the title of Catholique or most Christian. Its certain (according to our pronunciation) it signifies both Wooll, and also Choise, pure or reformd. But Tzodki, not Tzophi in their learned tongue, is a Begger. And our famous Q Elizabeth wrote to A. Chr. M. D. LXI. 3. Elizabethae. Schach Tamas their Emperor with this title, Potentissimo & inuictissimo Principi Magno Sophi Persarum Medorum, Parthorum, Hircanorum &c. in Letters copied into Ebrew, and Italian, and so sent; although in some others to him, it bee omitted. Its idle to fetch it from [...], as som haue done. Yet verbally it may bee deduced to vs from Magus (which interprets [...]) if you can beleeu that the old Persian Kings were calld Magi, as a Title proper to their Maiestie; which some ignorantly haue thought as truth, supposing the Magi i. the wisemen of the East in S. Matthew to be Chaldaei Reges dicti Claudiano in Epigrammatis v. Psalm. 72. Com. 10. Caeterum, quo sensu Reges dici possint, docebit V. Cl. Is. Casaubon. Exercit. 2. § 10. in Ann. Baronij. Kings, and that of old Persia. There are at this day which would proue it and labour at it. They cite Apuleius Apolog. 1. his words: Quippe inter prima Regalia docetur (Magia:) nec vlli temerè inter Persas concessum est Magum esse, haud magis quam regnare. Hee speakes of instructing the Kings children, which was done by the Plato in Alcibiade. nec alitèr intelligo Ciceronem lib. 1. de Diuinat. Nec quisquam Rex Persarum potest esse, qui non ante Magorum disciplinam scientiámque perceperat. v. Plin. lib. 30. cap. 2. Magi, and in their profession. But, is euery one with vs, that a Priest reads Diuinity to, a Priest therefore? Nay, it seems the Persian Kings neuer had that name or title after the death of Prexaspes and Smerdis (so Herodotus calls them, Ctesias and Iustin otherwise) which were Magi. [Page 109] For, in honor of those which freed the Persians from their vsurpt autoritie, an annuall feast was instituted by the State called [...] i. the slaughter of the Magi, in which, [...] Herodot. in Thalia. [...] i. it was not lawfull for any of the Magi to be seen abroad; but they all kept their houses. Could this haue been, if the Kings had been then Magi? And vntill Artaxares got the Kingdome (about C C. XXX. after Christ vnder Alexander Seuerus) from Artabanus, the Magi continued as contemned of the Great ones, and the [...] was still celebrated. But Artaxares (so my Agathias histor. 6. author calls him) had before hee was King, been a Magus or Priest of that kind among them. And so afterward, as it happens, till the time of Othman Ben-Ophen successor of Iezdigird, the Magi were againe in great honor, but by no means can they bee found to haue raigned about our Sauiours Birth. This Othman (which others call otherwise) began in the yeer of Saluation DC. XXXII. Indeed, for another reason, both they and their nation might haue been calld so, if proper names may be translated. For from A Elam ( [...]) the sonne of Seth, the old Ioseph. Archaeol. [...]. cap. 7. corrigendi etiam Codices illi qui 1. Maccab cap. 6. com. 1. habent, [...]. Elymais n. ipsa Regio Susianae adiacens. Lege igitur [...] &c. atque ita Iosephus (ni fallor) Archoeol. 12. cap. 13. emendandus. Vrbs verò illa sanè oppidum Charax, in Elymaide ab Alexandro conditum, vt videtur, de quo Plin. lib. 6. cap. 27. Vide Ptolem. Geograph. 6. cap. 3. Stephan. Bizant. in [...]. & Elymaeos Susianam inhabitare ait Marcian. Heracleot. [...]. verū & consulendus Beniamin. Tudelens. Itinerar. pag. 78. Persians were, and thence are the Aelamits; Aelam is Doctus, Sagax, Magus, [...], as euery man may know from S. Luke. But Elymas (saith the Text) the Sorcerer (for so is his name by interpretation) withstood them. [...]; and thence, saies Glycas, as his translation is, Persas Magos appellari lingua ipis Vernacula constat. But Magus or Aelam is not so much a Sorcerer as a Naturall Philosopher, or a searcher into curiosities; not of necessity implying in it any vnlawfull Art, although ignorant ages haue vsd to take all for Diuellish inuention and practise with Spirits, which they vnderstood not, as the example was in our Frier Roger Bacon: whose works of abstruse [Page 110] learning, lying in the Franciscans Library at Oxford, were by lubberly Friers and Schollers there (vnder the mistie time of our great Grandfathers) vtterly despairing that euer their lazines could vnderstand thē, very learnedly, to the perpetuall security of their wits quiet, fastned with long nailes to the deskboards; where, being consecrat to the vse of Wormes and Mothes, they were consumd. I know the Ebrew of S. Matthew (but not authentique) hath, for the Magi, [...]: which is taken for Sorcerers (as we now vse that word) Witches, and such like. I rather vnderstand them Astrologers (Astrologie in it selfe, not abusd: being a most honorable art) to whom it pleasd the Lord to permit such knowledge of that Means of Saluation, to Mankind, signified, for this purpose (as some will) in Balaam's prophesie Numer. cap. 24. Comm. 17. of the Starre arising out of Iacob. But, that Ismael is vsually calld Ismael Schah, Shah or Shach, by the Grecians Hist. Politic. à Th. Zygomal. ad Crus. missa. [...]. Schah is nothing but an addition of greatnesse to the name, as Lord or Don or Monsieur (whereof, somwhat is Pag. 51. & 52. before) and truly interprets Signior; it is written (with the particle Al) [...] Verùm Abrahae Zaccuth Scribitur [...]. Scheich i. Senex, which might easily be confounded in our Characters with Leunclaw's word Sheiches for a Priest; but that is (as I ghesse) in all different characters, to be written Keshish rather, which in reading of his excellent works of the Musulmanique Empire, must be specially obserued. Keshish Raphaleng in Lexic. Arabic. signifies an old Priest, which, I confesse, Sheich may do also; but then I conceiue not his difference in the writing of it. You may see his Onomasticon Et Pandect. Turc. cap. 34. at the end of the Musulmanique storie. This Schah or Shah, is often vsd as an addition to Persian greatnesse. Cossorassath, in Haithon the Armenian, is thought to bee corrupted from Cosroes Shach. And an Egyptian Sultan is rememberd in old De Ionuille by the name of Scecedun, filz du Seic qui vault a tant adire en leur langage [Page 111] Comme filz de Vieil, where note he makes Shach to signifie Old (as it doth) not only Lord. And that Solimanus filius Solimani Veteris, or Senioris Baldric. Hist. Hierosylom. lib. 2 Robert. Monach. lib. 3. alij eiusdem farinae. in som autors of the Holy Warres, I doubt not but might well be turnd Soliman the Sonne of Soliman Shach. But it is not proper to suprem Princes (but by speciall excellencie) no more then our word, Lord; as the noble Monsieur de Thou well takes it, affirming Thuan. Hi. stor. lib. 18. that it is alone applied often to such as haue small Dominions, and are as Reguli, or the like. Some interpret it Linschot. lib. 1 cap 27. out of the application, King, but the neerest to exact truth is that which we haue before out of Scaliger, with whom Theodore Spandugn Apud Crusium in Hist. Constantin. pag. 66. agrees expresly. And in the title of Muhamed Ben-Dauid's Alagsarumith, hee is calld [...]. siue senex. Alsheich (being this very word [...] Sa, Saa, Schah or Schach) as by an attribute of dignitie. It is written often Shaugh, Xa, and also Cheque. Out of Achmet's Onirocritiques, the great Scaliger Canon. Isagog. 3. cites [...] i. Saa Nisan King of the Persians. And here, saith he, est aliud nomen multis Principibus Persarum commune, NISA. id eorum lingua est HASTA. And Senigar Saa filius Saa Regum omnium Persarum Imperator, is in Beniamin Ben-Iona, and Vararanes a Persian King, is calld Agathias. hist. 4. [...] from his being before Lord or Gouernor of Cerma. About M. LXX. after Christ the Persian King is in Abraham Zaccuth namd Sultan Melich Sa (the same which a Greek calls Chrysococces ap. Scaliger. vbi supra. Idem est, nifallor, Malicsach apud Leon. African. hist. 3. [...]) after whose death, he saies, the Chaliph of Bagded, Mutkadi Ben Kain, at this Sultans wiues request, permitted his sonne Mahumed to raigne, which I the rather also note, because Bodin De Repub. 1. cap. 9. affirmes that the Chaliphs permitted not the name of Dominus to any, but themselues hauing, at first, supremacie ouer all those parts, and speaks of a Text in the Alcoran against it, which I could neuer meet with. There may be some such thing perhaps in some other of those Zunas i. [Page 112] Counsells or Laws, which were after Mahumed, composd by the Chaliphs commandment at Damascus. But doubtles no better word for Dominus can bee then Sultan, by which here this Prince of Persia, vnder the Chaliphat is stiled. This Sultan is calld Ignat. Patriarch. Antioch. ad Scalig. quem Consulas de hoc Imperatore lib. 4. de Emend. Sultan Gelal eddin Melic Sa (but his proper name was Albu Ersalan) from whom the Persians haue their annuall account, whose root is A. Chr. M. LXXIX. in the XIIII. of our March, and is calld the Ver. Nouus dies: si verbum interpreteris. Neuruz of Gelal Sultan Melic (saith Scaliger) est Rex, Sa vel Scha Persis est nomen attributum Regibus. Gelal is Maiestie in Arabique, and so he turns Melic Sa Gelal eddin, into Melic Sa Maiestas Religionis. From this word Edin, is the name Aladin in the Oth [...]anique race, which as Leunclaw saies, signifieth Diuine; but he allows not Reineccius coniecturing that all the Turkish Sultans had the name of Aladin as a surname or title of Honor. From Scah in the Persian title, they haue money called Schahlar, as the Turks haue Sultanlar, which we call Sultanins. Of Schah, is Padischa a compound, whereof, before. The Persian titles more ancient, are already elswhere toucht. As a corollary, take here another of them in the middle times; [...] Theophylact. Simocatta hist. 4. cap. 8. [...] &c. i. Chosroes King of Kings, Lord of Potentates, Lord of Nations, Prince of Peace, Sauiour of Men, Among Gods a good and eternall Man, but, among Men, a most Famous God. Most glorious Conqueror, Rising with the Sunne, Giuing eyes to the Night, Noble by Birth, a King that hates warre, well deseruing, hauing the Nonnè Ausonios 1. Italos innuit? Asonae vnder Pay, and keeping the Kingdom for the Persians. To Baram a Generall among the Persians, and our friend. Baram hauing before writen to Chosroes in almost alike fashioned stile. It was about D C. of Christ, vnder the Emperor Maurice. It the rather is obseruable, because both African and Asiatique Princes do yet, euen as Chosroes, somtimes load themselues and [Page 113] other Princes to whom they Ex literis Amuratis III. ad Sereniss. Elizab. Reg. A: 1579. datis constat. quae sunt apud Hackluit. Itinerar. part. 2. pag. 137. write with strange, and doubtles by their Secretaries hardly inuented attributes. But in that league of M. DC. VI. twixt Rodulph II. and the present Grand Signior Achmet, it was mongst other things concluded, That the Mercur. Gallo-Belgic. Tom. 5. lib. 4. Emperor and the Great Sultan in all their Letters, Instruments, and Embassages should not stile themselues by any other additions, but by the names of Welbeloued Father and Sonne, to wit, the Emperor calling the Great Sultan his sonne, and the Great Sultan the Emperor (in respect of his yeers) his father. And that in the beginning of their Letters they might both take vpon them the name of Emperor respectiuely.
Speaking in the Plurall number. Why [...] is for any barbarous Nation to the Iews. The Rabbins reason of the Plurall. Inferiors honord, if namd by Superiors. Otherwise if Superiors namd by Inferiors. An example in our English law for the Plurall. Dei gratia. By whom vsd. The Princes of the Empire their Royalties. Dei Gratia anciently vsd by Bishops and Abbots. Expressing of Princes by the Abstract of their quality. Tua Maxima Fatuitas, to the Pope. Maiesty anciently in Rome, how afterward vsd. Celsitude, and Serenitie, to Dukes. No proper word for Maiestie in Greek. The Goddesse Maiestie. Crimen Maiestatis. [...] in later Grecians for Maiestie. The Despot, Sebastocrator, and Caesar; how they were formally to be spoken to, or of. Maiestie, to our Soueraigns, when first. Grace, and Excellent Grace. Worship, and Worshipfull. Souerain Lady, to a Dutchesse. The disserence of speaking in the Concret or Abstract. The Spanish Pragmatica [Page 114] for the formality of the Kings stile in directions to him.
CHAP. VI.
OTher appendants of Maiestie are, which giue a speciall form to the expressing of Titles. Speaking in the Plurall Number is one obseruable. As, We command: in the Person of One being a Monarch. Its certain that among ancient Latins the plurall Number often was for a singular Person in common language. and (against rules of Grammar) ioind with a singular word. Not with Accius, Naeuius, or Plautus only, but in later. Catullus hath Insperanti Nobis; and Tibullus, to his false Mistresse:
But these, not to our purpose. You shall as often find the Persian and Greek Emperors in Esther, Ezra, the Macchabees, Hippocrates his Epistles and such more, to vse the singular as Plurall: Somtimes is a mixture of Both: as in that of Ptolemy Philopator to his Egyptians Lib. 3. Macchab. [...]. i. I am well my self and so are Our affaires. The Iewes say that in their language for the plurality of Virtues and Power ( [...]) supposd in a superior, they vse the Plurall number to or of one Man. Their Adoni is plurall, yet often vsd as singular. Euery tongue (saith one of Aben-Ezra in Genes. cap 1. them) hath its property. As it is honorable in the Italian (so vsually [...] is interpreted; but questionles [...] was indifferently, at first, vsed by them for any strangers or Gentils Elias Thisbit. in [...], omnes linguas, praeter Ebraeam, ita dictas scribit. Country where their Religion was not, hauing its being out of the sigles for [...] i. Cultus alienus siue extraneus, or Idolatrie, which they commonly expresse by [...] in abbreuiature, and somtimes [...], for secundum cultum extraneum) as its honorable in the Italian for an inferior to speak to a Great man by [Page 115] the plurall number: so in the Arabique (the Ismaelitish he calls it) it is honorable for a Great man, as a King, to speake in the plurall. So likewise in the holy tongue it is honorable to speake of a Potentat Plurally, as Adonim & Baalim. For they say [...], i. Domini durus, and also [...] i. Et accepit Domini eius. And vpon this conceit do they interpret the plurall of Elohim ioind with a singular Verb, which most of our Men take for a mysticall expressing the Holy Trinity. Their Grammarians make it an Enallage of Number, chiefly to expresse excellencie in the Persons, to whom its referd. With this, well agrees that which is obseru'd vpon Iuno's ruminating on Aeneas his too good fortune;
Rex est (saith Ex Ms. Fuld. excerpt. & Seruio Danielis inter alia additum. Seruius) & mirè Aeneam noluit nominare. Honorantur n: Minores à Maioribus si suo nomine fuerint nominati. Contrà, Contumelia est si Maiores à Minoribus suo nomine nominentur. For the speaking to them, in the singular Number, is very proportionat to their proper names. The vse of this for the Plurall, is known common at this day, but not propèr to supreme Princes. In our Law-annalls, a 29. Ed. 3. fol. 44. Quare impedit being brought by the King for the Prebendary of Oxgate, in the Diocesse of London, the Writ was Praecipite Michaeli de Northumbergam, against which the Serieants except, as against False Latine. But, saies Thorp, False Latine it is not, for it is a word of the plurall number, and therefore is of greater reuerence; and this is a common Fashion for the King to send to a man by the word, VO BIS. But, saies the Counsell on the other side, a man hath not seen such reuerence made to a Sherife. And afterward, the Writ was lookt on by the Iudges, and they saw it was Praecipite, and at the end Habeatis ibi [Page 116] nomina Sammonitorum &c. Whereupon it was adiudged to abate. They held, it seems, the plurall Number not to be formally applied to any, but, at least, of the greater Nobilitie. That of adding DEI GRATIA in stiles, Apud Ortelium in Theatro. is now more proper to supremacie. The Earldom of Flanders, hath diuers prerogatiues, among which, one is that its Prince may write himself Dei gratia Comes Flandriae, which is a part of Royaltie. Et sunt alia plerá (que) leuissima (are the words of a great Bodin. 1. de Repub. cap. 10. Politician) quae Principum propria ducunt, vel ad Decus vel ad Dignitatem, vt Rescriptis addere DEI GRATIA; The vse whereof, as he reports, Lewes XI. Prohibited Francis then Duke of Bretagne, as a forme proper to a Kings Title, and so a French Lawier Rebuff. ad Constit. Reg. Tom. 2. vt Benefic. ante vac. art. 2. expresly affirms it. Yet Ferdinand brother to Charles v. and Archduke of Austria hath it in In Edit. Freheriana Sigismundi Baronis de Herbestein. his Letters to the Emperor. And the Duke of Saxony vses it, being a Prince of the Empire, and acknowledging to it a kind of supremacie, as Others like him. His Andr. Knichen. in Comm. Iuris Saxon. Duc. Sax. cap. 1. Chancelors words are these; Cum illud non fiat in despectum Domini concedentis, sed ad Amplificandam Maiestatem eius & dignitatis concessae tuitionem rectè immemoriabili interstitio Principes nostri saepè dicta locutione (he means DEI GRATIA) vsi sunt & etiamnum vtuntur. Neither do I conceiue, why Princes that want not the substance, but as it were the name of a King only, should of necessitie abstain from it. In more ancient times it is familiar in the stiles of farre meaner Persons then supreme Princes. Rex Venerabili in Christo Patri I. eadem Gratia Dunelmensi Episcopo; and Guilielmo eadem Gratia Archiepiscopo Cantuariensi, are amongst Fitzh. Nat. [...]r. fol. 132. & 2. E. our Writs. And, in the Epistles of Iohn of Sarisbury, is Rogerus Dei Gratia Eboracensis Archiepiscopus & Apostolicae sedis Legatus Uenerabili Fratri H. Dei gratia Dunelmensi Episcopo. And from Iohn of Sarisbury himself, Venerabili D. & Patri Carissimo Willielmo Dei Gratia Senonensi Archiepiscopo. The like is often [Page 117] in the Epistles of Fulbert Bishop of Chartres, Gilbert of Vendosme, Anselm, and such more of the old times. So B. de Blancesfort Epist. Regum & Principum Edit. in Tom. 2. Orient. Hist. pag. 1176. Master of the Temple vses it in his Letters to S. Lewes K. of France. Its frequent in the Chronic. Richerspergens. sub ann. M. CL. & seqq. Charters of the Archbishop of Saltzburg, and other Church-men of meaner note in those times. And in a Leiger book of the Abbey of Malmesbury I haue seen Iohannes Dei Gratia Abbas Malmesburiensis & eiusdem loci conuentus salutem in Domino. All these shew that heretofore those curious differences of Prouidentia or Clementia Dei, which are now vsd by Bishops and inferior Princes, were not so distinguisht from Dei Gratia, as later times (whose beginning I know not) haue made them. To expresse them by ABSTRACTS from the Concret of their qualitie, is Ordinary. As Maiestie, Highnes, Grace, &c. But the Forme is not proper to them; it being vsuall in old autors with such Substantiues to designe out the subiect denominated of the Adiectiue; as
for Scipio and Laelius, which are but as Cicer. lib. 3. Fam. Epist. 7. Appietas and Lentulitas, For the induidualite, as it were, of Appius and Lentulus, or Patauinitas Asinius Pollio apud Quintilian. lib. 8. cap. 1. for Liuies stile. In like forme [...], and [...] are familiar for Hercules and Telemachus. And wanton Catullus, comparing a heauie fellow, vnworthily blest with a Delicacie in his marriage bed, to a log, hath this Ithyphallique:
such more often occurre, and, especially, in Epistles of later times, written with Probitas, serenitas, Sanctitas tua, and the like; where, by the way, you may remember that of Philip le Beau of France Mart. Polon. Chronic. to Pope Boniface the VIII. Sciat tua maxima Fatuitas, Nos, in Temporalibus, [Page 118] Alicui non subesse. The occasion Rolewinck in Fascicul. Temp. sub anno 1294. was from this most arrogant Pope his calling himselfe Dominus Totius Mundi tam in Temporalibus quam in Spiritualibus. And for Bishops, its noted in old Annals, that Leuderique Adam Bremens. hist. Eccles. cap. 20. Bishop of Breme (about DCCCXL.) was a proud fellow, because he would somtimes title himself Custos, somtimes Pastor Bremensis Ecclesiae. Whereupon, (saies Metropol. lib. 1. cap. 32. Crantzius) Uide Temporum simplicitatem quod non paterentur PASTORIS Vocabulum. Quid facerent, si ritum nostrae aetatis ambitiosum cernerent, vbi ex ore Episcopi insonare audirent, Nostra gratia, Nostra Pontificalis Dignitas, & reliqua his etiam gloriosiora. But in this kind som abstracts are proper notes of Soueraigntie: as Maiestie which is now competent to none but supreme Princes; And that, in substance, very anciently. For, in Rome, the highest power of Gouernment being in the People (not the multitude but the whole Common-welth) as, in an absolute Monarchy and [...], in the Monarch; the word Maiestie was proper to them. As Authoritas in Senatu, Potestas in Plebe, Imperium in Magistratibus, So Maiestas was in Populo, which Orat. pro. C. Rabirio. Cicero with others, will iustifie. And Maiestatis Crimen (saith ff. ad leg. Iul. Maiest. l. 1. §. 1. Vlpian) illud est, quod aduersus Pop. Rom. vel aduersus securitatem eius Commititur, which well agrees, with what was in that State before the Emperors. Intentio est (as for an example De Inuentione lib. 2. §. 10. Et Orat. Partit. §. 50. Tully faines) Maiestatem minuisti, quod Tribunum Plebis de Templo deduxisti. And Maiestas est Magnitudo quaedam Populi Rom. in eius potestate & iure retinendo. But when the summe of all things was transferd into the Emperors from the People, the Crimen Maiestatis became chiefely against them and their State. Lex Iulia Maiestatis (so Instit. tit. de Public. Iudicijs. §. 3. Iustinian) in eos qui contra Imperatorem vel Remp. aliquid moliti sunt; suum vigorem extendit. And then, towards the declining times, they tooke to themselues Perennitas nostra, Eternitas C. Theodos. tit. de Fabricens. l. 3. Nostra, Numen Nostrum, Tranquillitas [Page 119] Nostra, Screnitas Nostra Maiestas C. tit. de Silentiarijs l. 1. & de Agēt. l. Nulli. Nostra, and such like often occurring in the two Codes of Theodosius, and Iustinian. But long before that, although not with the first person, yet it was attributed to them. Sueton reporting that Augustus after the ciuill warres would not himself, nor suffer his neer kindred to call his souldiers Commilitones, but Milites, giues the reason; because he did think it ambitiosius, quàm aut ratio militaris, aut temporum quies, aut sua Domús (que) suae Maiestas postularet. And in Claudius he speaks of leuior Maiestati Principali titulus. And, one Plin. in Panegyric. Traiano dicto. that liu'd in Sueton's time vnder Traian, to Traian. Huius (he means Crimen Maiestatis) tu metum penitùs sustulisti, contentus Magnitudine, qua nulli magis caruerunt quam qui sibi Maiestatem vindicabant. I know, Trebellius In Gallicnis. Pollio seems to make against this. He, speaking of Gallien's brother Valerian slain about Millan, and of the doubt whether he had been a Caesar or not, adds; Constat de Genere, non satis tamen constat de Dignitate, vel, vt caeperunt alij loqui de MAIESTATE. As if Maiestie had then been a word first vsd for Dignitie. But as the most learned Casanbon obserues, that must be vnderstood of the Greater Roman Dignities beside the Empire. So that then first Court-flatterie began to stile the Dignities of the Emperors fauorits and such as were of higher Note, with Maiestie. For plainly to the Emperors, as you see, it was not before vnusuall. And, vntill this time of Trebellius, it may be well affirmd proper only to supremacie amongst them. Let it not moue, that Maiestas in another sense, was common to others, as Maiestas Pueritiae, and Maiestas Matronarum obserud in Liuy and Plinie. That was in a regard of their priuat Quality, not publique Dignitie; and in a sense of that nature hath Valerius Maximus the last chapter of his 11. book titled de Maiestate. Est quasi (saith he) priuata censura Maiestas Clarorum Virorum, sine Tribunalium fastigio, sine [Page 120] Apparitorum ministerio, potens in sua amplitudine obtinenda—quam rectè quis dixerit longum & beatum honorem esse sine honore. But, this Maiestie, publiquely applied, was an expressing of Power and high place, not admiration only of qualitie. So it may be well seen in that of a noble Graecian, deliuering Polyb. [...]. in Foedere Aetolorum. the Maiesty of the Pope of Rome by [...], i. the Empire and Power of the People of Rome. And this Publique Maiestie was after the dimminution of the Peoples libertie, conueyed solely to the Emperor; and (howsoeuer that new application in Pollio's time, was) the Ciuilians since haue referd the proper Crimen Maiestatis only to the Wesenbech. in Paratit. & ff. ad leg. Iul. Maiestatis vide & Gothofred. ad dict. tit. & ad C. eodem, l. 5. Emperor. So, at this day, they do by the Imperialls alone, as in France and with vs, in respect of our Soueraigns only. But, by their leaue, its not easily conceiud how Crimen Maiestatis must not bee referd to Princes acknowledging indeed the Emperors supremacie, But withall hauing all Regall and Imperiall right in their Dominions; as diuers of the German Princes haue: although they abstain from this abstract in their titles, as, of the Dukes of Saxonie, Bauier, Sauoy, Lorraine, Ferrara, Florence, Mantoua, and such accounting themselues as absolute as any that haue but the Name of Duke, Bodin De Repub. 1. cap. 10. affi [...]ms; and that they are Celsitudinis verbo contenti, aut Serenitatis, quam sibi Dux Venetorum tribuit. But this title of Serenitas, Excellentia, Sublimitas, and the De his consulas licet G. Panciroll. ad Notit. Dignitat. cap. 3. v [...]iid genus pluria. like many are anciently giuen by Emperors to their Lieutenants and others indistinctly, as you may see in the Codes, Nouells, and Epistles of Cassiodore. Its among the Greeks [...] Harmenopul. [...]. 5. cap. 9. [...] i. Nostra Serenitas. So Schol. ad Constantin. Tom. [...]. [...], i Serenissima Maiestas Sacratorum Imperatt. Nostrorum. If, at least, [...] be Maiestas. Its hard to find a better word interpreting it. But indeed, as Casaubon obserues, Greek hath not an expresse word for Maiestie. Som haue Glossar. Vet. Graeco-lat. v. 2. Petri cap. 1. com. 16. [...]. turned [...], [Page 121] Maiestas and Magnitudo, but it properly signifies the last, not so well the first, which comes plainly from a Comparatiue. Maiestas ita (que) (are Casaubons words) si verbi proprietatem spectamus, Numinis est solius: quod omnibus ijs, quae magna dici possunt, est maius. Usurpatio est cum Principibus maiestas tribuitur. But obserue their tradition of the Godesse Maiestie. They fained that at first there was no distinction of Place or Precedence among the Gods, but that the meanest would somtimes sit in Saturns own Throne. And this, they say, Ouid. Fastor. 5. continued
As Maiestie was there bred of Honor and Rēuerence, so proportionatly mongst men, and thence the word applied to the supreme of Men. But also they vsd Numen Imperatoris, and Oracula Augusti, for Edicta, and [...] for [...], as if you should say diuinitùs sancimus for statuimus. And before this great communicating of Maiesty, the Emperors Paul. ff. de legat. 2. l. 87. §. Lucius & Scoeuola ff. lib. 40. tit. [...]1. l. 3. had the attribute of Sanctissimus, and such like. These beginning vnder Heathenisme, continued after Christianitie. Whence, when they speak of the Crimen Maiestatis, they Athaliat. tit. [...]. 66. & Glossar. Vet. & Sanctitas Regum ap. Iul. cas. in Tranq. vse [...] or [...], which may be interpreted, a iudgment or accusation touching what is committed against a thing sanctified or sacred. But I think [...] will be most proper, in substance, for Maiestie; although George Codin translated hath alwaies Regnum for his [...]: Vnder fauour, not without error. They had also their Codin. & Meurs. Gloss. Graeco. Barb. in [...]. [...] i. sacred Maiestie: which was proper only to the Emperor, and that when others [Page 122] spake to him; he himself in modestie omitting Sacred, and speaking only [...]. But Maiestie exprest in this word was communicated also to the Despote, Sebastocrator, and Caesar. The Despot was the heire or successor apparant of the Constantinopolitan Empire (vnderstand, of the times since Alexius Comnenus, though before him it were a generall name, as My Lord) the Sebastocrator the second from him in dignitie, and next the Caesar, Protosebastus and so forth. But, to our purpose, receiue this out of their Curopalat. [...]. quem tamen, absque Iunij Restitutione locorum, ne legas. traditions. Before the Emperor they calld the Despote, My Lord ( [...]) and Maiestie was applied to him: the Sebastocrator, My Lord ( [...]) Sebastocrator: the Caesar, my Lord Caesar, in those words as the other; and to both these also was Maiestie ( [...]) applied. But if any other Great men about the Court ( [...]) had occasion to vse the Despot's name to the Emperor, they thus; My Lord ( [...]) Your sonne the Despote. If they speaking among themselus mention'd him then: [...] i. Our Lord the Despote. For in later Greek [...] is Our, either corruptep from their ancient own, or induced by Tartarian or Turkish, wherein Babamus is our Father. If a great man spake to the Despote, he might either call him My Lord the Despote (with the word last remembred) or, for greater honor, Our Lord the Despote. If any of the Despot's seruants or followers, vsd his masters name to the Emperor, hee might not call him [...], or [...] (which I interpret to be in fashion the same with Our, My Lord, when we speake indifferently of any Nobleman) but [...] i. My Lord and Master, your sonne the Despote. For so I thinke, [...] is best here translated. If a man spake to any of their other Great men ( [...]) hee neuer vsd [...], but [...]. On the other side [...] was neuer vsd to the Despote, but [...]. Neither could they [Page 123] render reason for all those, but because vse and custome had brought them to it. Neither hath the Grammaticall difference of [...] and [...]: any thing to do here. For our Kingdome; Maiestie (saith the learned Author of the Remains) came hither in time of Henry the Eight, as Sacred Maiestie lately in our memory. Vnderstand him, as it was commonly in vse, and properly to the King applied. For in the Epistles of Iohn of Sarisbury, is Maiestas tua, diuers times to Henry Fitz-lempresse, vnder whom hee liu'd, and the same is there vsd also to Pope Adrian. Grace mongst vs began in time of Henry IV. and Excellent grace, as you read in the Remains, vnder Henry the Sixt. High and mighty Prince vnder Edward the fourth. But, about those times it was not solely proper to the King, as it seems by the Concord (touching the title of the Crowne) twixt Henry the sixt, and Richard Duke of Yorke, made in XXXIX. Henry VI. in Parliament at Westminster, with this title, Betwixt the most High and most mighty Prince, Henry the fixt, King of England and of France, and Lord of Ireland, on the one partie, and the right High and mightie Prince Richard Plantagenet Duke of Yorke, on the other partie; and the Duke of Glocester vnder Henry the Parl. 3. Hen. 6. art. 1. & 26. sixt, is calld High and mightie Prince and the Duke of Excester, Hault and Puissant Prince. Anciently how our Soueraigns were, in this kind titled, may be obserud, vpon these examples. Au Tresnoble & tréshonorable Prince & son trescher Seignior si luy pleist Monsieur Edward per la grace de Dieu Roy d' Engleterre, Signior D'irland, & Duc D' Aquitaine le sone Henry Percy reuerence & honeurs: In a letter Rot. 25. Ed. 1. in Arce Londini de Rebus Scotiam tangentibus memb. 4. 6. & saepius. to Edward 1. writen from Dunwich; and the like, in diuers other Records, is. And there the Barons of the Exchequer send to the King with Nous maund à vostre hautesse, &c. But also in times later then Edward 1. titles and notes of Greatnes being not in that distinction [Page 124] or Curiositie as now, som such as are with vs mean, were competent to highest Princes. I remember, I once saw a Petition by a Bishop to Henry v. subscribd with Your Worships Beadsman. About the same time a treatise writen of the order of the Coronation, hath thus: After this the King shall be clothed agen with other clothes, and Worshipfully shall go to the Auter of Seynte Edwardes shryne; and the King is there calld Worshipfull Prince. So the Monk of Bury, Dan Lidgat speaking of Henry the fifts commanding him to writ the Troian Warre, saith
Hee vsually calls him Most worthy, or worthy, or Noble Prince, and Soueraign Lord. And plainly worship is but an abstract from worthy, and signifies, as estimation, properly. to wuruld wurþscipe sy he þegen lage wyrþe i. To worlds worship (i. in worldly estimation) hee shall be in equall degree with a Thane, saies a Canon of Canutus his laws, speaking of a Priest that liud free from incontinencie: and in those so ancient times it was a generall title, but according to the person qualified. In an old Saxon Ap. Lambard. in Peramb. Kant. tradition of their Nobilitie; Then were the wisest of the people weorþscipeswyrða aelc be his maðe Eorl & Ceorl, ꝧegn & ꝧeoden i. worshipworthy, euery one in his Dignitie, the Earle and Cheorl, Thane, & Vnderthane. So in later times Dukes and Earles haue had Worshipfull and Right worshipfull applied to them. An Epitaph Camden. Brit. Edit. Anglic. Idiomatis. & in Reliquijs. is at Warwick in S. Maries Church there, in part, thus.
Pray Deuoutly for the Soule, whom God assoile, of one of the most Worshipfull Knights, in his daies, of manhood & cunning, [Page 125] RICHARD Rothomagi fatis concessit A. M.CD.XXXIX. BEAVCHAMPE late Earle of Warwick, Lord Despenser of Burgaueny, and of many other great Lordships, whose Body resteth here vnder this Tomb.
And his daughter the Countesse of Shrewsbury was buried in S. Faith's vnder Paules, with
Here, before the Image of Ihesu, lieth the Worshipfull and right Noble Lady Margaret Countesse of Shrewsbury, &c.
But now euery Gentleman of better (rather richer) Rank is saluted Worshipfull. And, on the other side, what now is one of our particular Notes of Maiestie, not giuen to any but the supreme, I mean Soueraign Lord or Lady, hath been anciently bestowed on others. The preface and dedication of Alexanders life, writen vnder Henry VI. by a Dominican Frier thus speaks,
What, that hater of Monarchs, Buchanan hath in his malicious dislike of giuing titles and attributes of great honor to Princes, I omit, and leaue him to his error, conuinced by the generall consent and allowance of Antiquitie. But, touching these, it hath been Christoph. Becman. Schediasm. Philologic. questioned, which is the more both elegant and honorable to speak in the Concret or Abstract. That is, whether to say Serenissime Princeps à te peto, or A Serenitate Vestrâ [Page 126] peto. And some haue thought the first forme the best, because in that the Accidents and Subiects are together exprest, in the other the Accidents only being the note of Honor. But howsoeuer for elegancie, it seems the Abstract tastes as if it were more honorable. For that quality denominats, and, from it inherent in the Person, is the Honor giuen. Now, as it is inherent, and not predicated of the Person, its best exprest for its own Essence; Neither is it otherwise (as Logique teaches) properly in any Predicament. As Album, although in a formall signification of the thing designd, it expresse a Certain Ens per se, yet as the formall and materiall or connotatiue signification, of it, is, it's Aristot. Metaphys. 7. cap. 6. text. 21. Ens per accidens, id est, aggregatum quid ex ijs quae diuersis Praedicamentis ponuntur. And Albedo is the Ens per se. Then, where the quality is, neerest to its own single essence, exprest, that is in the Abstract, it seems, the Person is with somwhat more honor saluted, then if it were only connotatiuè as they call it. For, Vir excellentissime doth but connotatiuè, or by way of consequent speak excellentia; as indeed in euery Concret, but in like form and by an accidentall consequence, is both the [...]cident and the substance. But this is a most friuolous disquisition, which I had not spoken to, if I had not seen it questiond. I adde out of the Spanish Pragmatica, publisht vnder Philip II. against the multiplicitie of Titles giuen both to the King and other great Men, in the yeer [...]. D. LXXXVI. the VIII. of October, at S. Lawrence; that the King there would haue no other title in the beginning of any Letter to him, but Senor; in the subscription only his name that wrote it; in the end of the Letter, only God preserue your Catholique Maiestie; and the superscription, To the King our Lord. The petitions to the Counsells, Chanceries, and Tribunals, might be titled with Most mighty Lord, but no more. The signing of Letters, scedules, and [Page 127] such like should bee only with By the King our Lord. Diuers other particulars are in it, touching these kind of Titles to Other Great men, which in their more due place shall succeed.
Annointing of Kings. How Vnction in Heathenisme was vsd, to sanctifie. The Old Roman Prouinciall expressing what Kings were to be annointed, anciently. The vse of Vnction in the Eastern Empire; In France; Their Oile from Heauen; in Britain; the first King there annointed by the Pope; but a coniecture against the consent of old Monks. The Tale of a box of Oile giuen by our Ladie for Vnction of the English Kings, to Thomas Becket. Crowns, and their beginning. First vsd only to Gods. Whence Corona. An examination whether Crowns (except only the Cloth Diadem) were in more ancient times, mongst the Gentiles, for Royall distinction; and a Conclusion against common opinion. A place of Euripides interpreted, against the Vulgar, and his Scholiast. Crown Radiant, and the XII. beams of the Sunne supposd in Antiquitie. A place in Polybius examined. Pharaoh's Diadem. A passage in Clemens Alexandrinus examined. [...]. When the Cloth Diadem, or Fillet came first to be a Royall Ensigne in Europe. White proper to the Kings Diadem. Cidaris, or Cittaris. [...]. Tiara. Diadema. The Tulipants, or Turibants of the Princes of later time, in Asia. Error of Bodin touching them. Hasta pro Diademate. The Crown or Diadem in the Roman and Constantinopolitan states. Of the Form, and Materialls of Crowns, somwhat. The Duke of Moscouy's Cap. The Radiant Crown of the Duke of Florence. The Crown of British, English, and Scotish Kings. The Scepter. Caducéus. Birds and other things born in the Top [Page 128] of Scepters. Eagles vpon the Emperors Shooes. Their Red or Purple shooes, and Boots. Gilt shooes to the Roman Consuls. Swearing by Scepters, very ancient. The mouing the Scepter was an Oth. The beginning of that Oth, vpon Seruius his credit. The Globe and Crosse. Pomum Imperiale. [...]. The first Emperor hauing the Globe and Crosse. When vsd by our Kings. The Crosse, and Labarum. The punishment by the Crosse, and, the picturing it on the ground, forbidden. [...]. The Croissant or half Moon of the Mahumedans. The reason of their vse of it. The great Respect and Honor giuen to the New Moon mongst Turks and Iewes. [...] Alilat and [...]. Eilethyia. Lucina. What the lews writ vpon the walls at a Childbirth. The Croissant among the Romans. Lunata Planta. Croissant set vpon Images of Gods. [...]. Cubar. Venus. The Sunne vpon the Tents of the ancient Persians.
CHAP. VII.
OF Nominall attributes, thus much. You may call other Reall Ceremonies, which consist either in Action, or Ensigns. In Action; as chiefly that of ANNOINTING at the inauguration. For Annointing, receiue this out of the ancient Ordo Roman. de Diuin. Offieijs. form of doing it. Tunc Dominus Metropolitanus (suppose other concurring ceremonies, at a coronation, past) vngat de Oleo sanctificato Caput, Pectus, & scapulas, ambás (que) Compages Brachiorum ipsius, ita dicendo. VNGO te in Regem de Oleo sanctificato in Nomine Patris & filij & spiritus sancti. Et dicant, Amen. Pax Tibi, & cum spiritu Tuo. Deinde vngat sibi manus de Oleo sanct [...]ficato, ita dicendo: VNGANTVR manus istae de Oleo sanctificato, vnde vncti fue [...]unt Reges & Prophetae, & sicut v [...]xit Samuel Dauid [Page 129] in Regem, vt sis Benedictus, & constitutus Rex in Regno isto super populum istum. quem Dominus Deus tuus dedit tibi ad Regendum ac gubernandum. As its here exprest, euery man must needs referre the Originall of Annointing to the Decret. tit de sacra Unctione. Iewes; which continued (som say) mongst them from their first Saul vntill Hircanus, from whom the Kingdom was transferrd by Augustus to Herod. And by this they Cedren. pag. 149. v. Casaub. Exercit. 1. §. 2. & 3. Adu, Baronium. interpret that of Daniel; The Annointed shall be taken away, after the end of his weeks. But there were certain Interregna twixt Saul and Hircanus, of which, howsoeuer the annointing was, regard in this assertion must be taken. From this Annointing, could not but a most honoring regard come to the Prince, mongst those specially which by effusion of Oile made consecrations to the Almighty. Iacob erected the stone he had slept on in Luz, poured Genes cap. 28. com. 18. Oile on the top of it, and calld it Beth-el i. the house of God. Whence the Gentiles, by all likelyhood, had their Damascius in vita I sidori ap. Photium. & Scalig ad Euseb. de Baetulo consulendi. Baetulus; and perhaps deriud their annointing of stones, whereupon Apuleius reckons Lapis vnguine delibutus among his sacred obiects. And Arnobius his Aduers. Gent. lib. 1. Lubricatum lapidem & ex oliui vnguine sordidatum, wherein was comprehended both their Bounds and Marks of Territories, which vnguento velaminibús (que) & Coronis Coronabant (as Siculus Flaccus his words are) and also Minut. Faelix in Octauio. Videsis Pithoeū Adu. 2. cap. 14. their other sacred Triuiall Statues. And Theophrastus, in his Character of Superstition, remembers for a part, the pouring of Oile vpon annointed stones or statues in the high waies. Hence the old Christians also by example (saith Quest. 83. in Genesim. Theodoret) vsd to annoint the Shrines of their Martyrs, and Chancells. The Iewish Priests Exod. cap. 39. com. 7. consecration was with Oile. And often occurres the name of the Lords Annointed. In our Europe, how sacred a Materiall it was anciently accounted, appears to euery one that hath but heard of Extreme Vnction, and the like. But of Christian Princes, the old [Page 130] Prouinciall of Rome thus: De Regibus Catholicorum & Christianorum. Et sunt quidam Coronandi & quidam non. Tamen illi qui Coronantur debent inungi; & Tales habent priuilegium ab antiquo & de Consuetudine; alio modo non debent Coronari nec inungi sine istis, & si faciunt ipsi, abutuntur indebitè. Et sic incipiunt Nomina Regum Christianorum Fidelium hoc modo.
- Rex Hierosolymitanus Coronatur & inungitur.
- Rex Francorum Christianissimus, quod nonnullis recentioribus in hoc loco catalogi citatum habes, exemplari meo Ms. deest.Coronatur & inungitur.
- Rex Anglorum Coronatur & inungitur.
- Rex Ceciliae (Siciliae) Coronatur & inungitur.
- Rex Castellae Non
- Rex Legionis Non
- isti sunt coniuncti.
- Rex Portugalensis Non.
- Rex Aragoniae Non.
- Rex Nouargiae (Noruagiae, it seems) Non.
- Rex Nauarrae Non.
- Rex Danorum Non.
- Rex Boemiae Non.
- Rex Vngariae Non.
- Rex Armeniae apud Rebuffum.Armaniae Non.
- Rex Sorbiae (perhaps Seruiae) Non.
- Rex Cypri Non.
- Rex Sardiniae Non.
- Rex Vide suprâ pag. 80.Catholicus Non.
- Rex Comagiae (its likly, it should be Consulas pagin. 57.Conactiae) Non.
- Rex Nimianiae (Momoniae, it seems) Non.
- Rex Vltoniae Non.
- Rex Collen Non. *
Et sciatis quod hodiè Non sunt plures Reges Christianorum, nisi de Nouo Crearentur. So are the words of my Ms. Copie, anciently writen, which supposes, you see, but foure Kings honord with Vnction, the Hierosolymitan, [Page 131] the French, English, and Sicilian, and the two Emperors of the East and West. In the Coronation of him of the Cantacuzen. bist. 1. cap. 12. & Curopalat. [...] O' [...]. East, the Patriarch, at the instant of making a Crosse with the Oile on his head, crying aloud, [...], i. Holy, and then [...], i. Worthy. Which was, it seems, the reason why the Constantinopolitans cried Gunther. bist. Constantinopolit. id est A [...] [...] [...] i. sanctus Rex Marchio. Aijos Phasileos Marchio at the taking of the Empire by Baldwin Earle of Flanders, when they thought verily that Boniface Marquesse of Montferrat should haue been their Emperor. The Marquesse being then with the Earle. There is a Prouinciall Apud Rebuffum in Praxi Beneficiorum part. 3. Extat. printed, wherein others are reckond that are not here, and some omitted that mine hath. And after Rex Bohemiae follows in that, In Ibernia. Catholicus. Rex Coloniensis. Comachiae. Rex Minauiae Menae, Cathelinae. Ibi hodie non sunt Reges, sed Tota Hibernia est sub Rege Angliae. What Catholicus doth there I vnderstand not, nor what in my Copy, vnlesse you interpret it as I haue, with doubt, coniecturd where I speak of the King of Astures. The corruption of Names is such, that you may well think, the credit of the Monument, often changed and transcribed, hath been long of the decaying hand. But time (and that long since) hath brought the ceremony to euery crownd Christian King, although withall he be a kind of subiect, as the King of Bohemia; who when he was a meere Prince of the Empire, was crownd and Aurea Bull. Carol. 4. cap. 4. annointed. The French would needs challenge Proprietie of Annointing to their Soueraigns before other Princes. They talk of Oile descended from heauen in a vessell kept at Rheims, wherewith their Kings haue euer bin annointed, and refer it to a miracle in the Baptisme of King Chlouis or Lewes I. about D. of Christ. Of it, one of their Poets, when Apollo was from home, speaking of Guil. Brito Philippeid. 1. the Coronation of Philip Augustus;
But no good autority will iustifie this. Is it likely that Gregory of Tours so much giuen to the Relation of Miracles, would haue omitted it? One more Du Hailan des aff. du Fr. liure 1. Idem ferè Tillius. iudicious, and not flattering the idle traditions of his own Nation, denies (and not alone) that there were any de la primiere lignee, oinct ny sacre à Rheims, ny ailleurs (that is, of the Merouingian line, which cotinued till about DCCC. of Christ. But its expressely remembred in story that Pipin, the first of the Carolin stock was annointed) mais de la second & troisiesme la plus part ont esté sacrez & oincts en auters lieus q' à Rheims, quoy que les Archeuesques de Rheims debattent ce droit appertenir à eux & à leux esglise. By the second and third line he means the Carolin, and Capetan; the Carolin succeeded the Merouingian. And I wonder why Hierom Bignon De l' excell. des Roys liure. 4. a French Antiquary, now liuing, taks it so cleer, that their Royall vnction began in Chlouis. We could giue better autority for the Kings of this Ile, of neer M. years since, and much more according to Vixit Gildas A. Cnr. 470. Si fides habenda Autori vitae eius in Biblioth. Floriac. some. Gildas speaking of the errors in Religion, and neglect of all Goodnes among the old Britons, addes, Et Galfrid. Monumentens. lib. 9. cap. 3. ex epistola Gild. hoc memorat. Ungebantur Reges, non per Deum sed qui caeteris crudeliores extarent, & paulò post ab Vnctoribus, non pro Veri examinatione, trucidabantur, alijs electis trucioribus. But I will not be confident that it proues Vnction in those times. The Phrase might be vsd by him, as at this [Page 133] day an Hereditary King after his Ancestors death, is said to be Rex or Imperator salutatus: which alludes only to the old Roman forme of salutation in making their Emperor; as we say also in Imperium euectus est, deriu'd from that Custome of taking the design'd Emperors vp on Shields in the Camp. The first of our Kings annointed, that best of ancient autority speaks of, is Alured. He, in the life of his father Ethelulph, being sent to Rome, was there in Confirmation made Pope Leo IV. his godsonne, and specially annointed as a future King. So the consent of Asserius Meneuensis, Ethelwerd, Malmesbury, and the rest of our old Monks, iustifies. But with what discretion or honestie should the Pope annoint a child of v. yeers old, as a King, in hope of succession, while his father was liuing, and three elder brothers also, Ethelbald, Ethelbert, and Ethelred? I rather incline to beleeu that the Chrism vsd in Confirmation, and only perhaps to that purpose, by the Pope, was, afterward by English Monks, not without sufficient cause admiring this braue Prince when hecame to the Crowne, taken also as a designing Omen of his following greatnesse, and, that so they might speak the best and largest of what the Pope did, and thereby giue a speciall honor to their King, supposd for an Vnction in Regem. But howsoeuer, you may see what was thought of it by this old Rob. Glocestrensis. honest rythme.
None of this excludes Vnction before, but only wils him the first annointed by the Pope. But we need not much blame the French Tradition of their Heauenly oile. Our English haue as good a Tale. That Our Lady gaue Thomas Becket Archb. of Canterbury, being in banishment vnder Hen. II. a Golden Eagle full of precious Ointment, inclosd in a stone vessell, commanding him to preserue it, and foretelling quod Reges Anglorum qui vngerentur hoc vnguento pugiles essent Ecclesiae, & Benigni & terram amissam à parentibus pacificè recuperarent, donec Aquilam cum Ampulla haberent. He committed it to safegard in a Monasterie at Poiters, where Henry the first Duke of Lancaster, vnder Edward the Third in the warres of France, had it deliuered to him, by a Holy man (they say) which found it by Reuelation. The Duke gaue it the Black Prince. He sent it to the Tower, there to be safely kept in a chest strongly hoop't with Iron, where Rich: II. sonne to the Black Prince, in searching for his fathers Iewels, lighted on it, and much desired to bee annointed with it. But the Archbishop answered him, sibi sufficere quòd semel per manus suas sacram suscepit in Coronatione pristina Vnctionem, quae habere non debuit iterationem. The King notwithstanding caried it with him into Ireland, purposing, perhaps, there to haue been annointed with it, but, in his returne, at Chester he deliuer'd it to the Archbishop, confessing, that he did resolue it was decreed, he should not be annointed with it, and so indeed it fell out. For, after him deposd, Henry IV. was honor'd with this supposd diuine Ointment in his Coronation. Then need not the French argue their Kings Honor from the Celestiall Vnction,
[Page 135] as Brito saies; Heers as good and Diuine an Ointment for the English. But I think, Reader, if you can Iudge, you beleeue both alike, I relate this of our Lady, as I find it; And credit it as I do the stories of Numa's being instructed by Egeria, Minos or Talus by Iupiter, or indeed like the storie of that Vitreus Ordinationis liber, giuen by an Angel to Saint Columba for the forme of Adamann. Scot. Vit. S. Columb. lib. 2. making Aidan King of Scots, about the yeer DC. and such more. Pretence of Holinesse and Particulars receiu'd from Saints or Angels wrought much, mongst the Multitude, in establishing State Greatnesse. Examples are obuious. For more Particulars in Vnction of Princes, I send you to the diuers publisht Coronations. Inunguntur Reges (saith Thomas Epist. id Hen. 2. ap. Matth. Paris. Becket of Canterbury) in Capite, etiam pectore & brachijs, quod significat Gloriam, Sanctitatem, & Fortitudinem. And it was long since said in 33. Ed. 3. tit. Aide de Roy. 103. our Law, and applied to our Kings, that Reges, Sancto Oleo Vncti, sunt Spiritualis Iurisdictionis Capaces. Neither is this annointing much disproportionat to that which Alex. ab Alex. Genial. Dier. 1. cap. 27. is deliuerd of a kind of initiating the old Persian Kings, at their inauguration, with ceremonies of Religion. Of Ensigns externall, the chief are, CROWN or DIADEM, SCEPTER, GLOBE and CROSSE; with other more particular to some only, which by the way we shall also enough touch. Quis omnino Regum (saith Tertullian vpon Aduers. Iudaeos. cap. 11. that in Esay cap. 9. 5.) insigne Potestatis suae humero praefert, & non aut capite Diadema, aut in manu Sceptrum, aut aliquam propriae Uestis notam? So you must read it, not aliqua proprietate vsus noua, as the Publisht Books (before Pammelius his Edition) are in that place. I wonder how Beatus Rhenanus, and Francis de La barre could not see it. Compare it with the like words of the same Autor in his III. against Marcion cap. 19. and you shall see most plaine reason for the correction. For CROWNES; To speak of them and all their seuerall [Page 136] ancient vses, were to stragle exceedingly out of the purpose. So different are they, and farre from the present matter. If you desire to know how they had place in Bankets and feasts, among Louers, in sacrifices and solemnities of Gentilisme, rewarding deeds both Martiall and Mercuriall, with such varieties, Read the large discourses of them in Athenaeus, Pliny, Tertullian in his De Corona Militis, Clemens Alexandrinus, Agellius, especially the diligent and learned Paschalius. The ancientest mention of a Crown is in Moses, speaking of the High Priests accoultrements, with his golden Triple [...] Exod. cap. 28. & 39. Ioseph. Archaeol. 3. cap. 8. Crown, more particularly describd by Iosephus. Tradition among the Gentiles makes Bacchus the first inuentor of a Crown or Diadem. Hee, they say, first made him one of Iuy (the same perhaps which hee gaue Ariadne) and by example of his Maenades and Mimallons wearing such in his Orgia, Other Priests and Sacrificers Crownd themselues with Herbs and Plants, dedicated to their seuerall Deities. Antiquitùs (saith Hist. Nat. lib. 16. cap. 4. & lib. 7. cap. 56. Pliny) nulla nisi Deo dabatur. Ob id Homerus Coronas Gentium Dijs tributas habes apud Ierem. in Epist. Baruchi. prophetiae subnexá. Caelo tantum eas, & Praelio vniuerso tribuit. Viritim verò ne in certamine quidem vlli. Ferunt (que) primum omnium Liberum Patrem imposuisse Capiti suo ex edera. Posteà Deorum honori sacrificantes sumpsere, victimis simul coronatis. Nouissimè & in sacris certaminibus vsurpatae, in quibus hodié (que) non Victori dant, sed Patriam ab eo Coronari pronuntiatur. Inde natum vt etiam Triumphaturis conferrentur in Templis dicandae, mox vt & ludis darentur. But in all these the honor was chiefly refer'd to som Deity, not to the Person crown'd. And those set by Louers on the Posts of their Mistresses dore, or els where, were not so much to hirselfe as to Cupid or hir Genius.
[Page 137] Saies Apuleius to his sweet-heart. From the vse of them in Sacrifices and Dances sacred to their Idols, came the name Apion. ap. Athenaeum, Dipnosoph. 15. ex Simonide (cuius ibi citata carmina cmendatiora, vide apud Is. Casaubon. In dictum locum) & Festus. Corona, anciently writen Chorona, & made Latin from [...] (signifying the same that [...], i. a Crown) which they will from [...] or [...], i. the Dancers or Singers, and number of the solemnizing Sacrificers; whereto questionles Isidor Origin. lib. 19. cap. 30. had respect in his, Nomen Coronae haec ex causa vocatum quod initio circum aras curreretur, at (que) ad imaginem circuitus vel Chori est formata. Thus, by ancient autority, that which is in our Idioms Corona or Crown had its originall. But how a Crown (except the Cloth Diadem, whereof presently) by that name was among the Gentiles anciently for a Royall distinction, I conceiu not. The Rewards giuen in the Graecian Games, Roman Warres, and elswhere, shew the contrary. Demosthenes his Crown, about which so much Rhetorique was spent, twixt him and Aeschines, and that of Hippocrates Dogma Athen. inter Hippocrat. Epistolas. Vide quod Thueydid. hist. [...]. habet de Brasida aurea Corona donato, & taenijs ornato. giuen him at Athens for his helping their Great Plague, and such more seem to do as much. But Hippocrates his was of Gold and in value ( [...]) DCC. L. pounds of our Mony; which plainly was not fit to be worne. But the value, being his reward had this name (as other examples are &) as that Tribute was called [...], which was paid to the Romans and other States by such as gaue [...] as Suidas his words are, i. not rather a Tribute to their Superiors, then a Crown to their Friends. And [...], saith he, [...], i. they call STEPHANICON (CORONARIVM) what euer is giuen as a Reward or Benefit. And hence is it that in the Embassages of sorrein Nations to Rome, so often occurres for presents, [...]. And a golden Crown was one speciall, among the Rewards giuen by the Romans; their Murall, Castrensis and Nauall were Agell. lib. 5. cap. 6. Polyb. hist. 6. alij. of Gold, and in later time the Triumphall. I know som make the golden [Page 138] Crown amongst them and the Graecians also, an old Ensigne Royall. And Dionysius Archaeolog. 3. Halicarnasseus expresly deliuers that the Hetrurians, amongst other Notes of supremacie giuen to Tarquinius Priscus, furnish'd him with a golden Crown. So in Euander's Aeneid. 8. & 12. speech to Aeneas.
And that Great Poet in another place,
Which the learned Paschalius interprets for a Crown Radiant, and as a note of supremacie. It might seem out of In Oreste. Euripides his words, that mongst the Graecians it was so too. He speaking of Atreus brother to Thyestes saies:
Which is interpreted in the publisht books Cui dans Coronam, destinauit Dea (Fatum, siue Lachesis) Discordiam, which is well inough iustifi'd by Aresenius the Greek Scholiast on that place interpreting [...] for [...], i. a Crown proper to Kings. And Seneca In Agamemnone. personates Thyestes with
Vsing in his Tragedies of those times the word Vincula for the Diadem or Crown. And, of Agathocles in Egypt vnder the Ptolemies, Histor. 15. Polybius, as Perott turns him, speaking [Page 139] of Aristomenes the Protector, hath Vocato ad se Agathocle Coronam Auream soli ex illis qui praesentes erant imposuerat; id quod solis Regibus fieri solet. But none of these proues what som learned would collect, although the chiefe of these testimonies are indeed omitted by such as haue labourd the question. To that of Halycarnasseus, may be answered; he, being a Gracian and knowing that in his time the Triumphal Ensignes had mongst them a Gold Crown, and that most of the rest were deriu'd from the Hetrurians, soon thought that thence the Golden Crown also had its originall. But Festus: Triumphales Coronae sunt, quae Imperatori Victori Aureae praeferuntur, quae temporibus antiquis propter paupertatem Laureae fuerunt. If they were of Baies anciently, how then were they of Gold? For here Festus must be vnderstood of Baies only in them, without mixture of Gold plates, which in later time was vsed; as also to haue both the Laurell and Gold Crown, as Bullinger well obserus. And, then Dionysius his assertion, that the Crown and other things there mentioned, were such as the Lydian and Persian Kings vs'd, being refer'd to the Crown, is false. For they vs'd a Diadem of cloth as anon we shew. But the relation is better in Florus. Duodecim (saith he of Tarq. Priscus) Tusciae Populos frequentibus armis subegit. Inde Fasces, Trabeae, Curules, Annuli, Phalerae, Paludamenta, Praetexta. Inde quod aureo curru quatuor equis triumphatur. Togae pictae, Tunicae (que) palmatae, omnia deni (que) decora & insignia quibus Imperij dignitas eminet. Where are included, it seems, the Laurell and other such, but not as speciall Notes of Royalty; rather of particular Triumphs, and communicated dignity. Could the Romans otherwise, so much hating the name of a King, haue tolerated Laurels and such Crowns so soon after their Regifugium as they did? And for that of Tarchon, the Exposition of Seruius Honoratus is directly against what others collect. He interprets [Page 140] Regni (que) Coronam, by Insigne. Non reuera (are his words) Coronam, quam Tusci Reges nunquam habuerunt; ergo species est pro genere. What can bee more plain? For that of Latinus his Twelue golden Beams on his head, who sees not that they were as a Crest imitating the Sunne, whose Nephew Latinus was by Circe? That was no more a note of Royalty in him, then the like of Aetes, King of Colchos, of whom in the Argonautiques attributed to Orpheus;
i. his head had a Radiant helme on it; for [...] and [...] is, to the Ancients, an helme, as Corona also to the Seruius Honorat. ad Aeneid. 5. Latins. And was not Aetes sonne to Phoebus, or the Sunne? Both he and Latinus, in memorie of their Ancestors, bare on their helms those beams, as Caesar in his coins did his Grand Dame Venus, as Parthenopaeus did his mother Atalanta, or as Alexander did the Rams hornes of Iupiter, Hammon (his supposd father) whence he is call'd Dhilkarnijn, that is, double horn'd. And in Antiquitie the beams of the Sunne, with a reference, it seems to the XII. Signes, were of the same number, as the most learned Virgil expresses. That is iustified out of the old Interpretation of Dreams. One dream'd that he was a Sunne, and had eleuen beams; the successe was, that he became a Generall of an Army, but soon in this Greatnes died, because (as they Artemidor. Onirocrit. 4 c. 51 said) his dream containd not the perfect number of Beams: and the Lady Martian. Capella de Nuptijs Philolog. lib. 2. Philologie, at hir Mariage with Mercurie, saies to Phoebus;
[Page 141] For that of Euripides, me thinks his Scholiast Arsenius talkes as if hee could not see wood for trees: hee confesses that [...] signify's [...], i. the wooll that goes about the distaffe, circling it as a Crown; for, as well wooll as hempen staffe was so spun. And what then can [...] signify better then Carding. i. Carminans? and, the whole thus interpreted, Cui, lanam carminans, neuit Dea discordiam, Well iustifies the Noble Poets vsing and continuing the known fiction of the Destinies in their spinning out of mens Fortuns. Nay, what could be more proper in the allusion, then to suppose her first card or pull the wooll in peeces, and then make hir web of Discord? And, for that of Seneca, who knows not the common liberty of good Poets, in not keeping themselues to the exact properties of their Tragedies or Comedies age, nor of the place of their Scene? Though it be a great fault, yet it's an ancient one. And worthy Seneca (liuing in a later time, when it was known that a Diadem was a Note Royall) hath not this example alone of that kind. What euer Perot hath, Polybius himselfe proues no such thing: His words are these, [...]. i. hee inuited him to a feast, and, mongst all then present, gaue him only a golden Crown, which by custom was allowd only to Kings. Because he had a crown of gold as proper to a King at the feast, it follows not, that therefore it was an ornament Royall, as it was a Crown, but as it was gold. For children in Philologie know that, at feasts alwaies, they all sate Crownd. This passage discouers that the King had his Crown of gold, and therein Adi, si vis, Lips. ad 1. Annal. Tacit. Num. 129. & Iustin. lib. 18. de legatis Romanis in Aegyptum missis. differ'd from the ordinary Guests. The old Egyptian Kings honor'd their heads with images of chosen Diodor. Sic. Biblioth. C. beasts, not gold Crowns. And if the story of Moses his letting fall Pharaohs Diadem Ioseph. Antiq. Iud. 1. cap. 5. be true, it may be well coniectur'd [Page 142] that it was a fillet, such as the Asiatique Kings had, for otherwise had it been gold, Pharaohs discretion would haue been much desired, for putting it on a sucking childs head, the weight would hardly haue fitted the infant. And if Agathocles would haue been like the Macedonian Kings (which the story perswads enough that hee would) hee must haue had the cloth Diadem. Briefely, had the Ancient Heroes vsd any Crowns, as Royall Notes, Homer would not haue been silent of it. In his time, saith a learned Clem. Alex. Paedagog. 2. ca. 8. Father, the Grecians had not vse of Crowns. For neither the wooers nor the delicious Phaeaces vsd them. And in Games, at first, the Reward was of such things as were proposd ( [...] Ita, hunc locum optimè (vt omnia) emendauit. U. Cl. Is. Casaubonus in Suetonij Neronem.) then came in vse ( [...]. i.) a gathering from the spectators, thirdly, followd the casting of Flowers on them ( [...]) and at last ( [...]) the Crown. Yet I beleeu not this whole Assertion. For plainly Homer hath the word [...] and [...], but to other purposes; and therefore, as the learnd haue Casaubon. Animad. in Athen. 1. cap. 16. obseru'd, knew what a Crown (as it was vsd) was. For a word in its proper sense alwaies is in being, before it can be made a metaphore. And in the Heroique times, good authoritie expresly tells vs of Crowns in their kind. Hesiod saies that the Horae- [...]. i. Crownd with Spring-flowers Pandora. And Hesiod is thought, by some, ancienter then Homer. But what is more obuious then the Oliue brought out of Northern Scythia by Hercules, and planted in the Pantheion at Elis, whereof, the institution was that, all Crowns should bee made for Victors in the Pindar. Olymp. 3. Pausanias E [...]ac. ae. & v. Scholiast. ad Eurip. Hecubam. Olympians? This they specially called Scholiast. Aristoph. ad Plutum. locus vero ille Aristotelis, Scholiasti citatus, est in [...]. vnde & legendum, [...], non [...] (quod deprauatum apud Scholiastem) vti & Suidas in [...] scripsit. Nec, vtrum è Pantheo an ex Hyperboreis, planta fuerit translata, hîc disputandum est. [...], that is, whose leaues and twigs were fit to make a faire Crown. The fabulous referring of the Originall of Crowns to Bacchus, or Promotheus shew how ancient their vse was. Nonnulli (saith Hygenus, in his Poeticall Astronomy, of Prometheus) Coronam habuisse dixerunt, vt se victorem impunè peccasse diceret. Ita (que) [Page 143] homines in maxima laetitia dolore (que) Coronas habere constituerunt. Id in exercitationibus & Conuiuijs perspicere licebit. But to conclude the purposed point, Remember the relation of Diogenes Epicuretus. He requested Alexander to Athenaeus Dipros. lib. 5. giue him the honor of wearing a golden crown with Vertues picture on it, whose Priest he profest himself; Alexander did so, and Diogenes presently gaue it to his sweet-heart Lysiodos, and shee without exception ware it. The golden crown (especially in some part of Asia, as Causabon obserues) was an ensign of Priest-hood, and in that regard desird by Diogenes professing to be Priest to Vertue. What thought was of it amongst them as it respected Royaltie? These testimonies as well proou that Crowns in both the Roman and Graecian state were not anciently notes of a King, as also giue light to answer other like occurring arguments against it. For many are, but all I think of such kind, as those before remembred. Its to be inquird how in other states. If you take a Crown and Diadem as One (which may well be in respect they are both but Vincula Capitis, and differ originally because only the Diadem was of cloth properly, or a fillet of such stuff, and the Crown was of Gold, Baies, Oliue, Oake, Grasse, Parsley, Iuy, and infinit more the like) then may you affirm that first in Alexanders time the Crown or Diadem Royall was vsd in Europe. He, after his Persian victorie, habitum Regum Persarum (saith Iustin) & Diadema insolitum antea Regibus Macedonicis, velut in leges eorum quos vicerat transiret, assumit. And Q. Lib. 6. & 3. Curtius: Purpureum Diadema distinctum albo quale Darius habuerat capiti circumdedit. But whereas heere Curtius saies the Diadem was Purple distinguisht with white, in another place he writs Cydarim Persae Regium capitis vocabat insigne: hoc, Caerulea fascia Albo distincta circuibat. So that the fillet which was wreathd [Page 144] might haue in it any faire good colour (for so doth Purpureus signifie, as Purpurea Nix in Pedio Albinouanus his Elegie to Liuia, and purpurei Rami, for Oaken boughes, in Catullus) but for the King, of necessity it must haue been distinguisht with white, which was a colour in this more proper to Maiestie, it seems, then the right Purple in Robes; although he Longinus apud Eunapium in vit. Philosophorum. Vid. pag. 83. which nam'd Porphiry in Greek Porphyrius, that is Purpureus, because in Tyrian (Porphyrius was a Tyrian) his name was Melic, i. a King, did as if Rex and Agathias, hist. 3. Purpureus had been conuertible. But the Kings of the Lazi (a Scythian people) might weare no purple but only white Robes. The Cidaris or Cittaris was the same with what others call Suidas in verb. [...]. the Tiara, that is a kind of folded Cap, ending in a Cone, neer like the Eastern Turbants (or Tulipants) and is the same by translation with [...] i. a Cocks comb. Thus is one anciently Aristoph. in [...] fab. personated, speaking of the Cock,
i. therfore to this day (the fiction suppos'd anciently in the first of time, that Birds were Kings ouer men.) The Cock only as the Great King (that is, the Persian) goes attir'd on his head with a Right Tiar or Cyrbasia. Where note also another difference, that as the white fillet, so the standing vp right of the Tiar was proper only to the King, which the Scholiast vpon that place out of Clitarchus deliuers. For it was common to the Persians to weare Eustathi. ad Dionys Perieges. Tiaras exuere, ait Persis fuisse [...]. a Tiar, which in salutation they vsd (as we our hats) to pull off, but all others were it [...], i. folded and inclining forward, as the Scholiast speaks, which agrees with the report of Demaratus his request to Xerxes, vt Sardis Seneca de Benefic. 6. cap. 31. Tantundem, Arrian. [...]. 3. maximam [Page 145] Asiae ciuitatem curru vectus intraret, rect [...]m capite Tiaram gerens: id solis datum Regibus. But the white Diadem was proper only to him (except Xenophon Cyrop. ed. 8. some of the neerest bloud Royall) and was not any part of the Tiar, as in what before cited, appeares, as also in that of Darius his fastening his Scepter into the ground, putting on it his Martiall Robe and Tiar, and Polyaenus Stratagem. 7. cap. 8. & Videsis Sueton. lib. 6. cap. 13. de Teridatis diademate. binding them about with his Diadem, when he praid to Apollo for successe. In Plutarch's Lucullns, one hangs hir selfe with a Diadem, which shews of what nature it was. Therefore, whereas Iustin, Curtius, and Diodore say that Alexander vs'd the Persian Diadem, I wonder why [...]. 4. [...]. Arrian (he wrote about Adrians time) affirms that he tooke the Cidaris, from which, being the same with the Tiara, it seems by Plutarch. in Alexan. others, he generally abstaind, and ware the white Diadem vpon his Causia: so was the name of the Macedonian Suidas in [...]. Cap or Helmet. Perhaps Arrian took Cidaris for the Diadem, as Agathias doth, it seems, where he reports that after the death of Uararanes, his wife being with child of a sonne (which the Magi had foretold, and therefore no question was made of it) the Cidaris was put on the womb, as a ceremonie of inaugurating an vnborn King, who afterward was Sapores or Sabores; the words of Agathias are [...]. Neither only the Persian, But most of the Asiatique Princes had this kind of fillet or cloth Diadem, as of Mithridates of Plutarch. in Lucullo. Pontus, Tigranes of Armenia, Attalus Idem in Apophth. Regum, vbi de Eumene. of Lydia, and others, is reported. Yet an old coin of one of Attalus his successors, is yet Scalig. Animad. ad Eusebium, pag. 321 extant with the head circled with a chaplet of some kinde of leaus, and circumscribed thus
which I rather referre to the honoring of som Deity, [Page 146] to whom those leaues were sacred, then any way take it for part of a Royall habit. The Princes of Asia in later times (I mean chiefly the Chaliphs) haue neither had the Diadem or Crown, as Royall. Yet not for the reason which Bodin De Repub. 1. cap. 9. giues, making such difference twixt the later Sultans there and the old Chaliphs: whereas indeed the present Grand Signior reckons himselfe for a true Chaliph, as is before shown; and as other suprem Princes in Mahumedisme, challenges at his pleasure all rights of the old Chaliphs. But it seems the Tartars (whence, the Turks) vsd, all of them, Tulipants before their Kingdome establish'd at Bagded, and therefore their Princes also hauing not before in that kind any distinction, vnlesse in price and greatnes, continued to this day, their first form. But the Saracen Caliphs, before their Othomanique Empire, had (as its probable) the old Tiar or Cidaris richly set with stones, and in it the Diadem. I affirme not absolutely so. But refer you to coniecture from what was in those parts anciently so vsuall; and withall take this report of one of those old Chaliphs (call'd by my Beniamin Tudelens. (Vt ab Aria Montano versus) in Itinerario. scripsit circa, 1180. autor Alghabasi Ilhaphtzi, which I think to be Mustezi of the Abasin family:) Vehitur ille mulâ, Regijs vestimentis ex auro & argento contextis indutus, caput Cydari ornatus incomparabilis pretij lapidibus splendenti. Super Cydarim verò nigrum sudarium gestat, quo gestamine saeculi huius verecundiam profitetur. Whether this Cidaris had a Diadem or no, he expresses not. Of the Othomaniques, its reported, that their first Autor Othoman lies buried at Prusa (chief City in Bithynia) hauing vpon his Tomb, extrinsecus superimpositum Leunclau. Ind. Libitinario. Tulipantum, vetus, non admodum magnum, quod (que) spiras subtiliùs & maiori artificio circumvolutas habet, quam in ijs Tulipantis videamus, quae Turci suis nunc gestare capitibus solent. And this kind of Tulipant, they dare say, Ioseph the Patriarch first invented and vsd. The Great Sophi hath at his inauguration a [Page 147] kind of miter horn'd Cartwright in Peregrinat. vid. & Leunclau. Musulmanic. 1. put on by his chief Chaliph, at his inthronization which was wont to be at Caphe neer Babylon, but since the Turkish Emperor won Assyria from him, at Casbin somtime, and somtime at Hispaan it is performd. And its reported that the Egyptian P. Martyr. Legat. Babylon. l. 3. Sultans (after the Mameluchs had there ended the first Chaliphat) vsd to weare a ridiculous Tulipant made of som Lx. or more yards of thin stuffe diuersly folded, and so, that VI. Horns stood out of it, wherof foure were about a span length, and twixt them, the other two of a cubit long, like Snailes hornes. But the like also did all their great men of the chiefest Rank weare. Ne (que) enim (saith my Autor) postquam supremum gradum ascendit (Sultanus) dissonum ab optimatum ornatu, de quorum ordine creatus est, habitum sumit. Neither might any vse this hornd Tulipant but the Sultan, the Mart. à Baumgarten Pereg. 1. cap. 17. Chaliph (or chief Priest) and those Princes which were of highest note. It was negligently done therefore of Bodin to inferre their not wearing of Crownes, out of a supposd Canon made by the Caliphs, as if the later Princes had not in account been true Chaliphs. Neither doth he better in speaking to this purpose of the Israelitique Kings. Its true they had Crowns and of gold, and were annointed. They had those two, as the Priests. But, what other Asiatique Kings vsd the like? As they were a peculiar people to God, so were their Institutions, for the most part in euery thing different from their Neighbours. They had Gold, others Cloth. [...] Nobilem Valer. Maxim. lib. 7. cap. 2. §. 5. magis quam foelicem pannum: An ancient King said of the Diadem deliuerd to him; and many other testimonies make it a white cloth fillet.—Cinguntur tempora Vitta Albente—saith Silius De Bell. Punic. 6. Italicus of Massanissa, because he knew it was proper to a King. That alone then being traduced out of Persia by Alexander, gaue the times after him, the name of Diadema, for the most speciall Note of Royalty. Hence is Interpreted that [Page 148] in the Roman story, where a Laurell was set vpon Caesars statue wreath'd with a white fillet, or band, and the two Tribunes Marullus and Flauius commanded the fillet to be plukt off, and him, that put it on, to prison, for such wrong to Roman liberty in giuing his statue a Diadem. Antonies Pag. 19. offer is before remembred. And Pompey was suspected as one affecting a Kingdom, for binding himselfe about the thigh with a white fillet, or Diadem (they vsd then no breeches; but to couer a scar he had there receiud, he ware the fillet, as others in Cas [...]on. in Sueton. lib. 2. other times did in steed of Breeches) & therof, its related; Ei candida Valer. Maxim. 6. cap. 2. §. 7. fascia crus alligatum habenti, Fauonius, Non refert, inquit, qua in parte corporis sit Diadema. Exigui Panni cauillatione regias eius vires exprobrans. For as the Name of King, after their Regifugium, so that sole Ornament Royall was extremly hated by them, as these and enough other examples testifie; although the Athenian Democratie perhaps Iul. Pollux. Onomastic. lib. 8. cap. 12. not so much fearing it allow'd to their chiefest Magistrates the Nomophylaces this white fillet, for the Ornament of their Dignitie. But the Roman Emperors, a long time daring not aduenture vpon so an apparant diminution of the peoples libertie, vsd only Laurell or Gold Crowns which were neuer thought of or suspected for, nor were Royall. Liberty of bearing a Laurell continually, was first granted to Iulius Caesar, by reason of his baldnes. After Augustus, at euery Imperiall Triumph, the Laurell was taken only Xiphilin. in Nerone. Plin. lib. 15. cap. 30. Sueton. in Galba from the Plant of that kind which Liuia Drusilla took from the white Hen brought into her lap by the Eagle, and set at Ad Gallinas, and which was noted to wither away at the end of the Iulian familie in Nero, as the progenie of the Hen did likewise. But the succeeding Emperors vsd not alwaies to beare it. Tiberium Principem (saith Plinie) tonante coelo coronari eâ solitum ferunt, contra fulminum metus. Then alwaies he ware it not. Remember [Page 149] here that Antiquity held the Laurell to be exempt from all danger of Ioues Thunderbolts. Plutarch and Dionysius, say, that Romulus was Crownd with Laurell as in triumph after his victories. If he were, it was not as he was King, but as he triumpht. But if all their Triumphall Ornaments came from the Tuscans, to Tarq. Priscus, how then had Romulus any of them? The truth of those times, I think, as vncertain, as any story whatsoeuer. But most probable and according to what is already deliuerd, saith Iustin Historiar. 43. of those Kings, Per ea adhuc Tempora Reges Hastas pro Diademate habebant; quas Graeci Sceptra dixere. Nam & ab origine Rerum pro dijs immortalibus, veteres Hastas coluere, ob cuius religionis memoriam adhuc deorum simulachris Hastae adduntur. Which well agrees with their Name Quirinus, and Quirites, fetcht from Curis in the Sabin Tongue, signifying Hasta, or a Scepter. Curis Sabinè Hasta (saith Festus) vndè Remulus Quirinus qui eam ferebat, est dictus. But the first of their Emperors which ware a true Royall Diadem, was Aurelian, Victoris, de hac re, verba superius habes, cap. 2. about CCLXX. after our Sauiour: yet saith Paul Warnfed of Diocletian: that he Ornatum gemmarum vestibus calciamentis (que) indidit. Nam prius Imperij insigne in chlamyde purpurea tantum erat, reliqua (que) communia. But Traian, Gordian and others before him, were stampt in their coins with Laurels and Radiant Crowns of Gold. But of Constantine the Great, [...] (saith Cedren) [...]. i. They say that he first of all the Emperors vsd a Diadem. Yet Iustinian speakes of his Imperiall Crown by the name of Infulae, which is the same as Fascia or Diadema Seruius ad Aeneid. 10. in the proper and first fense. His words C. de quadrienn. praescript. l. 3. benè. to Florus are these. Quae ergo pro Augusto honore & cautela res accipientium, nostra statuit aeternitas, haec tam sublimitas Tua, quaem caeteri omnes Iudices nostri obseruare festinent, ex eo tempore valitur, quo nutu diuino Imperiales suscepimus Infulas. But the Infulae [Page 150] were, it seems, those strings or bands, whereby their Crowns made of precious stones, and gold, in diuers fashions were tied on. For (as the Lips. de Cruc. 3. cap. 16. verum & qui Numismata ediderunt haec copiolè oftendunt. pictures of Zeno, Iustinian, Valentinian, Anastasius, Phocas, Constantin, and diuers others, which we haue out of their Coins, discouer) their Crowns, and Diadems were very different in forme, but all of them tied behind with fillets, as it seems, going round the head as the Crown or Diadem; as it is in that of Heraclius more specially; which, being of gold, and raisd with variety of conique plates, and the outmost circle not much differing from our Dukes Crowns, but closd on the top more like what we call Imperiall, is tied together with a kind of Riband behind. Hence is it that George Curapalates said, that what they of late calld [...], was wont to be [...], i. Vinculum, which word they left off, when the fashion of tying it with ribands ended. Their pictures will better instruct you in the seuerall formes, then my expressing can. But as the Asiatiques anciently, and Macedondan Kings had their cloth fillets, as the Turkish and Mahumetan Princes at this day their rich Miter or Tulipant: so from the beginning of Christianity in European Supreme Kings and Emperors, the Gold Crowns in those various shapes with which they are described, haue bin in vse. And their differences now are of Close, and Archt, and Open, and the like. But what is before transcribed out of the Roman Prouinciall, is here to be Rememberd; and, that the Pope in giuing the Kingdoms of Sardegna Act. Vatican. ap. Bodin. de Rep. 1. cap. 9. and Corsica to the King of Aragon, vsd the words of Per Capam Auream realiter inuestimus. But all Supreme Monarchs, in later times, of right, vse archt Crowns, and as truly Imperiall as the Emperors, but differing in composture. For, the Emperors is thus described by Marcell. Corcyrens. lib. 1. Ceremon. Sect. 5. & de Imperiali Corona. Pasch. lib. 9. cap. 8. one who saw it. Differt forma Coronae Imperialis ab alijs: nam ea sub se Tiaram quandam [Page 151] habet in modum ferè Episcopalis mitrae, humiliorem tamen magis apertam & minùs acutam: estque eius apertura à fronte, non ab aure, & semicirculum habet per ipsam aperturam aureum, in cuius summitate crux paruula eminet. Eam Tiaram aliae Coronae non habent. And the bearing, or the top of the Arch, in the Emperors, and in our Soueraignes, is a Mound and a Crosse, in that of the French King, a Fleur de lis, on the Popes a Crosse. For hee as a Temporall Prince also bears his Crown vpon grant pretended from Constantine Uidè verò Platinam in Syluest. 1. the Great. The words of the Donation, as it is offerd to the worlds sight, are these: In praesentiarum tradimus primum quidem Lateranense nostri Regni palatium, quod omnibus in Orbe Terrarnm Palatijs praefertur & eminet: Deinceps Diadema id est Coronam capitis Nostri. But the credit of this Donation is before Pag. 56. toucht. And the Monks haue affirmed that Sigebert. Gemblac. sub anno 510. the Popes Crown, call'd Regnum, was that which the Emperor Anastasius sent for a present to Chlouis the first Christian King of France, and that Chlouis then bestowd it on the Pope. The generall consent mongst Christian Princes in wearing them of gold, proceeded from the Kings of Gods chosen people, who vsing Crowns of gold and precious stones [...] (saith an ancient Clem. Alex Paedagog 2. ca. 8. Father) [...]. i. Being annointed, bare Christ symbolically on their, head. He alludes to the Ointment pourd on our Sauiour, and the gold offerd to him as a King. How well then this must fit a Christian Prince, appears plainly. Yet vpon occasion other Crowns haue so metimes by them been worn; and that, Chaplets of leaues, which you see in the example of Frederique Barbarossa, whose Chaplet or Crown of Rue remains yet borne bendwise vpon the Baries of the Dukedom of Saxonie. For, when Bernard sonne of Albert Urso, Marquesse of Brandeburg, and brother to Otho, the then Marquesse, and to Sifrid Archbishop of Breme, [Page 152] was made Duke of Saxonie by the Emperor, he desird the Emperor to haue some difference added to his Armes, that so his might be distinguisht from his brothers, Tunc imperator (saith Saxon. lib. 4. cap. 37. & lib. 9. cap. 19. Krantzius) vt erat Coronatus per aestum, Ruteam Coronam iniecit ex obliquo supplicantis Clypeo, which afterward (saith he) was born so on their Coat, being before barry Sable and Or. The Moscouite or Russian Emperor being Christian, and of the Greek Church, and titling himself a King, as is already shewd, wears no Crown of gold or other mettall, but only a Rich Cap of Paul. Oderborn. vit. Theodori. 1. Furple, if my Author deceiue not; and for his Ornaments, you shall heare an Sigismund. Liber in reb. Moscouitic. Embassador from the Archduke to Basilius then Emperor there, thus describing his presence of State. Princeps in loco eminentiore ac illustri, pariete imagine Diui cuiusdam splendente, aperto capite sedebat, habebát que à Dextra in Scamno pileum (Kopack) sinistra verò baculum cum Cruce (Posoch) at (que) peluim cum duobus gutturnijs, adiuncto imposito (que) mantili. Aiunt Principem cum Oratori Romanae fidei manum porrigat, credere homini se immundo & impuro porrigere, atque ideò co dimisso manus lauare, which, for that speciall custome, the rather I cited. But out of what is here deliuerd, may well bee collected that Victor, or Warnfreds Assertions of Diocletian and Aurelian (which others follow also) may stand with that of Cedren touching Constantine, if you so interpret Constantins Diadem, that he was the first that in imitation of the Iewish Kings, tooke a Crown of their kind of Vide si placet, Card. Baronium, tom. 3. qui & coniecturae huic nostrae, adamussim, antiquorum numismatum fide nixus astipulatur. Materialls, for a Royall Diadem, before whom the Cloth or Fillet was vsd mongst his neer Predecessors. For it might well be so in him that was so much an Author and Propagator of Christianity in his Empire: And his Nation haue a tradition of a Crown and other habiliments sent him Constant. Porphyrog. cap. 12. from heauen, the relation whereof I willingly abstaine from, but for this matter, adde that I ghesse, the Iewish Kings had [Page 153] their's Radiant, vpon that of our Sauiours of Thorns. For, since they purposd in their mockeries to imitate in their markes of Royalty, the Crown, Scepter, and Robe of a true King, what in a Crown of Thornes was better resembled then a Crown Radiant? Neer what the Duke Paschal. de Coronis. l. 9. c. 13. of Florence his is by gift from Pope Pius Quintus. More of their formes will appear in fitter place, when we speak of them as they are the ornament Of other, but Inferior Dignities. Some Galfred. Monum. lib. 1. & 9. autority is that Dunuallo Molmutius, wore a gold Diadem mongst our old Britons, and that Athelstan, the first of Saxon Kings, I am too suspicious of my Author, to make you beleeu it as a truth and; Ethelwerd that liued in DCCCCL. of Christ, speaking of Edward, successor to Alured, and predecessor to Athelstan, expressely sayes that he was Coronatus stemmate Regali, which was but XL. or L. yeares before Ethelwerds time, who being a Great man, and of the bloud Royall, might easily in that know what he said. The traditions of Scotland are, that vntil King Achaius, the royal Crown, from their first Ferguse, was of Gold, Militaris valli Hector. Boet. Hist. 2. & 10. Circa An. 800. forma, or plaine; But that hee added to the plain Circular Crown, quatuor lilia aurea, quatuor cum salutiferae Crucis aureis signis paribus interuallis discretis, lilijs paulo eminentoribus. And to this Achaius is attributed the addition of the Bordure fleury about the Scotish Lion, Significans (saith Hector) Francorum opibus, quibuscum foedus inierat, Leonem exinde muniendum. Of the Westgoths in Spaine, its expressely deliuerd that the first Roderic. Tolet. lib. 2. cap. 14. & Marian. lib. 5. cap. 13. which Regia [...]signia at (que) instrumentum principale, Trabeam, sceptrum, Diadema gestauit, was Lewigild about DLXXX. of Christ. Nam ante cum (saith Isidore) & habitus & consessus communis vt genti ita & legibus erat. I haue here differd from what Alexander ab Alexandro, Paschalius, and others deliuer of Crowns and Diadems. But I imagine it is easier for me much to iustifie my assertions, then they [Page 154] those of theirs, gainst which mine are here opposd. I appeale to my cited autors: But more proper to Royall Maiestie, from all antiquitie, hath the SCEPTER been. Although Homer giue his Kings no Crowns, yet he specially giues them Scepters, and calls them [...]. i. Kings with Scepters. And hee makes Agamemnons only note of supremacie a Scepter, which he saies Vulcan made and gaue Ioue, from whom Mercury receiud it, from him Pelops, from whom Atreus, from Atreus, Thyestes, who left it to Iliad. [...]. & rectè [...] apud Apollon. Argon. 4. Agamemnon:
therewith to rule all Peloponnesus and many Iles. The like in proportion hath Uirgil. The Argonautiques of Orphous (as we call them, but indeed of Onomacritus) expresly adorne Aetes with a Scepter. And the Egyptians, to Macrob. Saturn. 1. cap. 21. paint their Osiris (the sunne, and suprem King in course of created nature) drew an Eie and a scepter. But more ancient authority then any of this, is in holy writ where you Genes. cap. 49 haue, The Scepter shall not depart from Iudah nor a Lawgiuer between his feet vntill Shilo come: which was to confirm the perpetuity of a Iewish supremacie (not of one tribe it seemes, as most learned men haue affirmed) amongst that Nation vntill Christ came. Which yet was satisfi'd as well in the Priests, and those Aichmalotarchae (they are call'd Capita Captiuitatis in Arias his Beniamin) as in Kings. For, almost CCC. yeares after the Babylonique captiuitie, was no King there: the first which wore Ioseph. Antiq. Iudaic. 13. cap. 19. & Vide Hoseae cap. 3. a Diadem, after that, being Aristobolus sonne to Hyrcanus. And as [...] in Greek, so as exactly agreeing in the holy tongue, a King is Amos cap. 1. Com. 5. call'd [...] i. one that hath a Scepter. And for the old Roman state, what we haue before out of Iustine, is sufficient. [Page 155] From this antique symbole of Soueraignty, is that interpretation of Mercuries bearing a Caducéus (which is a rod or litle staffe wreath'd about with two Snakes) quòd Mercatoribus (as Fulgentius his words are) det aliquando Regnum, vt Sceptrum, & Vulnus vt Serpentium. Of the Persian King, to this purpose, the storie of Esther hath enough. The ancientest Scepter among the Graecians Scholiast. ad Pythionic. et vide si placet, & Prophet. Baruchi cap. 6 com. 13. must forsooth be supposd to Iupiter, who bare his Eagle on the top of it, as Iuno did a Cuckow on hirs, Minerua an Owle, Apollo a Faulcon; although vpon a particular reason, the statue of Iupiter Labradéus in Caria held an Plutarch. in Problem. Graec. 45. Axe not a Scepter. But you must conceiue that King of Birds assumd by him vpon the good fortune of Warre hee had against the Titans after an auspicious Anacreon ap. Fulgent. Mythol. 1. Isidor. Origin. 18. cap. 3. flight of an Eagle towards him in the field. So they fable. In imitation of this Tradition, ensuing Princes vsd to haue Eagles and other Birds on the top of their Scepters, but most specially Scholiast. ad Aristophanis [...]. Eagles. And its deliuer'd that most of the old Herodot. in Clio. Babylonians ware seale rings and bare Scepters (or little staues) vsually, but none without somthing on the top; either an Apple, Rose, Lilly, Eagle, or some such like. I ghesse the Eagle was most proper for their Kings; which amongst the Persians Xenophon. Cyropaed. 3. also was the Ornament of their Standard. Hence came the Eagle to be borne by the Romans in the field (not vpon a banner as now, but) in an image vpon the top of a speare or long piece, fixt at pleasure in the earth, or borne, whereof neat Lipsius at large in his Commentarie on Polybius. And it was one of the marks Consular or rather Triumphant in Rome, to haue an Iuory Scepter with an Eagle on the top of it, which Iuuenal means in that
So they bare it in their triumphs; whereof Origin. 18. c. 2. & Appian. in Punicis. Isidore: [Page 156] Super Scipionem autem aquila sedebat, ob indicium quod per victoriam quasi ad supernam magnitudinem accederent: and the chief ornament of great mens tombs hath bin in the image of an Eagle set on them as the Antipater Antholog lib. 3. cap. 4. & cap. 33. Epigrams vpon Aristomenes and Plato shew vs. From this ancient honor of the Eagle was deriu'd it seems, the wearing of Golden Eagles painted on the Eastern Emperors shoes: Georg. Phranz. lib. 3. cap. 18. and its reported that only by this note of greatnes, the body of Constantine Dracosis the last Greek Emperor there, in the taking of the City by the Turks, was found out. My autors words (vpon Pontanus his credit in the translation, for he is not publish't in his owne language) are these. Abluebant capita occisorum plurima, si fortè & Imperatoris noscitarent: nec poterant, nisi quod corpus exanime inuenerunt, idque ex imperatorijs calciamentis agnouerunt, in quibus (vt Imperatoribus consuetum erat) Aquilae Aureae depictae visebantur. Yet its certaine, the hauing Eagles so painted was not solely proper to the Emperors. Both the Despote and Sebastocrator had so. George Codin is my witnesse. It was allowd them by the Emperors among their ensignes of Honor; as they had also other marks which in story are as appropriated to Imperiall greatnes. As, Heraclius was known Anastas. Biblioth. hist. 18. ex rubris Ocreis. i. by his purple Buskins in the field twixt him and the Persian; yet it is plain, that in later times it was giuen as a liberty of speciall honor to weare Purple or Zathi Regi Lazorum indulgetur. Agathias hist. 3. Red shoes; which Nicetas Choniates calls, as it were, the Right [...]. And the old Alban Kings had the like, whom, I. Caesar Dio hist. 43. & videsis V. Cl. I. Casaub. in Suetonij lib. 1. deriuing himself from them by Iulus, imitated. But the Roman Consuls had their gilt Shoes, if Cassiodore deceiue not, whose autority, I think, is sole in this point. Consulatus te decoramus insignibus (are his Variar. lib. 6. form. 1. words) Pinge vastos humeros vario colore palmatae, validam manum victoriali Scipione nobilita, lares proprios etiam Calceis Auratis egredere. And Lipsius [Page 157] thinks hereupon that they were a speciall Ornament Consular; but its certain that in Rome both Purple, golden, and variously colourd shoes were in a more common vse, as Enchiridij cap. 61. Epictetus his touching that Vanitie discouers. But, for the Scepter, remember that of Politic. lib. 3. cap. 10. Aristotle, where hee speaks of the Heroique Princes which gouernd [...]. i. Som vnsworn, others being sworn; but their Oath was the lifting vp of the Scepter. And thereupon, hath In [...]. Suidas, [...]. i. the sacramentall Scepter wherby Kings did sweare; which custom som old Monk had obserud when he made Ex ms. historiae de Gest. Alex. calce, haec cum alijs Epigrammatis transcripsimus. these vpon Aristotle and Alexander, aided truly by a speciall Muse for those times:
You shall hardly meet with an allusion mongst those lazie Monks of so much antique property as this. Although notwithstanding the autor mistook the story; for it should haue been of Pausanias in [...]. Anaximenes, and the Lampsacens, not Athenians, nor of Aristotle. And also its expressely reported in the Greek story that hee sware by the Gods of Greece. But howsoeuer for the truth, this conceit of the Scepter was both learnedly and wittily vsd by him. For also old Homer makes Achilles Iliad. [...]. et ibi Eustathius. sweare
Truly by this Scepter: and calls it [...] the great oth. Which Virgil imitates in the league twixt Aeneid. lib. 12. Aeneas and Latinus, where the reason is giuen because the Scepter is for the presence of Iupiter, whose statue was wont to be toucht in those solemn Oths. Seruius thus: Vt autem Sceptra adhibeantur ad foedera, haec ratio est, quia Maiores semper simulacra Iouis adhibebant: quod cum toediosum esset praecipuè quando fiebant cum longè positis gentibus, inuentum est, vt Sceptrum tenentes, quasi imaginem simulacri redderent Iouis. Sceptrum enim ipsius est Imperium. Vnde nunc tenet Sceptrum Latinus non quasi Rex sed quasi Pater patratus. In Christianitie there is now appropriated to supreme Princes a GLOBE, and an infixt CROSSE, which you see vsually pictur'd in their hands, as also anciently and at this day in the top of our Soueraigns Crowns. The Chief Elector the Count Palatine of Rhine bears it at the right hand of the Emperor of Germanie at his inauguration and such solemn Processions, as the Duke of Saxony carries the Imperiall Sword before him, and the Marquesse of Brandeburg the Scepter on the left. The Bull of Charles IV. calls it Pomum imperiale, whereto the Greek stories agree naming it [...], and the bearer [...], as if you should say, one that beares the Apple. By that very name were a thousand known of the Persian Kings gard in ancient time, which bare golden Apples on the top of their Spears, [...], as Dipnosoph. lib. 12. Athenaeus describes them. Poliaenus, Aelian and others remember them. But the Globe and Crosse is first, as my obseruation hath instructed me, in Theodosius the first his coins thus deliuerd by Occo: CONCORDIA AVGG. G. B. CONOB. Statua galeata sedens; dextrâ pomum cum Cruce, sinistra rhabdum. Hee was Emperor CCC LXXX. after our Sauiour. The later Graecians haue giuen a reason of the bearing it. When [Page 159] Iustinian 1. had encreast the glory of S. Sophies Church, and adornd it with diuers columns and Statues, hee placed also there his own holding in its left hand a Globe ( [...]) with an infixt Crosse Codin. Orig. Constantinop. [...]. Procop. de aedificijs Iustiniani lib. 1. Suidas in Iustiniano. nec omittendus hîc Theodorus Douza in Chron. Georgij Logothetae, pag. 70. Meminit & Statuae Iustinianeae Globi (que) & Crucis Guilielmus de Badensel in Hodoeporico. [...] i. as being become Emperor of the whole world through Faith in the Crosse. For the Globe is the Earth, being of a globous figure. Faith is signified by the Crosse, because Christ was naild thereunto. It is thus exprest in the Coronation of Frederique II. of Danmark, father to the present Christiern:
But the figure of Iustinian in his coins hath this Globe and Crosse in the right hand, as also haue diuers other of the Emperors. But how conceit came afterward to make this an Apple I vnderstand not, vnlesse with like imagination as Iupiters statue in Constantinople with three Apples was interpreted for his supreme power ouer the three parts of the world. But when it became first to be an Imperiall ensigne giuen at the inauguration, as the Crown and Scepter are, I know not, vnlesse you referre it to Henry II. the Emperor to whom Pope Boniface VIII. gaue it for an Imperiale insigne, A. M. XIII. and as it seems by my autor, first causd it to bee vsd as a property of inauguration. It's Rodulphus Glaber [Page 160] that speaks of it, and in these words: Anno igitur Dominicae Incarnationis Ita legit & rectè sane Illust. Cardinal. Baronius Tom. 11. deprauatum illum Glabri locum. lib. 1. cap. 5. Milesimo decimo tertio licet insigne illud Imperiale diuersis speciebus prius figuratum fuisset, Venerabili tamen Papae Benedicto sedis Apostolicae Al. Visum. iussum est admodum intellectuali specie. Qui idem insigne praecepit fabricari quasi aureum pomum at (que) circundari per quadrum pretiossimis quibús (que) gemmis ac desuper Auream Crucem inseri, and this the Pope gaue him, which hee bestowed on the Monks of Clugny. If the credit of the British Arthurs seale pretended anciently for a most speciall monument in Westminster Abbey, were sufficient, it would follow that our Kings had vsd it as soon as the Roman Emperors. For vntill Iustinian it seems it was not ordinary in their statues. Hee was Emperor in DXXX. and then was our Arthur King of Britain. Neither can any question be of his raigne, although much is and iustly, of his abusd victories. But his form in that seale of his, is thus, by Leland. Assert. Artburij. one which saw it, described. 'Purpura regaliter indutus Princeps sedet super hemicirculum, qualem videmus pluuium arcum. Capite coronato fulget. In dextera consurgit Sceptrum ipso liliatum vertice. Sinistrâ verò orbem Cruce insignitum complectitur. But the Globe was, before Theodosius, vsually held in the hands of Emperors, as their Coins witnes. And the Crosse also alone amongst those which were not Christian hath been found, by like testimonie. Figura stolata cum Cruce & Victoriae super Basim, is the description of one of Gallien's Coins by Adolph Occo. But the addition of the Crosse to the Globe, and religious vse of it in Diadems, Statues, pictures, Banners, and such like proceeded from the Great Constantine his so much honoring that diuine Symbole. For, when Maxentius vsurpt the Imperiall name against him, hee Sollicitudinibus constitutus in somnio vidit Crucis signum Coelo splendidè collocatum; miranti (que) visionem (the words are Tripartit. hist. 1. cap. 4. Sozom. Cassiodor's) adstiterunt Angeli dicentes: O Constantine [Page 161] [...]. IN HOC VINCE. Fertur autem & ipsum Christum apparuisse ei, signúm (que) monstrasse Crucis, ac praecepisse vt figuram similem faceret, & in praelijs auxilium hoc haberet, quo victoriae iura conquireret. Others supposing it at noon-day appearing to him and his Army, not speaking of the dreame. But all agree that hereupon he made his (Labarum) most conspicuous with the Crosse. This Labarum was a long Speare or great Euseb. de Vita Constantin. 1. cap. 25. v. & Metrophanem ap. Photium Cod. 256. Pole expressing the figure of a golden Crosse; on the top whereof a Crown of precious stones and gold was fixt. Vnder the Crown in a Banner was exprest the two letters of our Sauiours name Christ; the one crossing the other, that is X and P. So doubtles, as the monuments of those times perswade, must the place of Eusebius reporting this, be vnderstood, although som by [figure] turning [...] into, in quo (whereas they should haue made it iuxta quod or sub quo) offer an imposture to their Readers, which places the X and P in the Crown, not in the Banner; whereas that Crown is no essentiall part of the Standard, but somtimes v. Lipsium de Cruce. 3. cap. 15. & Iconas ibidem. wanting; the Banner only comprehending those two Elements of that most sauing Name. Hence Contra Symmach. lib. 1. Prudentius (who liud som LXXX. yeers after Constantine vnder Honorius) by Apostrophe to Rome:
And, of his name signed by [...] mixt,
[Page 162] Vnderstand the name, by ☧. For about those times Χ alone was a known Iulian. in Misopagone. sigle for our Sauiour, which yet they would not, it seems, without Ρ vse, because of another interpretation of ill note, which the learned know, by the old Graecians was applied to it. After that in his warres against Maxentius, this great Emperor had by those holy auspices such successe, that Maximam Cassiodor hist. Tripartit. lib. 1. cap. 9. culturam sacratissimae Crucis haebebat.—Deni (que) supplicium Crucis, quod primitus apud Romanos erat in vsu, lege prohibuit. In figurationibus autem solidorum & in imaginibus, hoc signum iussit inscribi semper & figurari. The Apostata Iulian took from the Labarum those notes of Christianism, but they were (as is found in Baronius Tom. 4. fol. 146. & 334. ancient testimony) restored by Ualens and Valentinian. By Edict of C. lib. 1. tit. 8. & de Iudaeis l. 11. & Synod. in Trull. can. 73. ap. Harmenop. Epit. Theodosius II. and Valentinian III. signum saluatoris Christi Nemini licet vel in solo, vel in silice, vel in Marmoribus humi positis insculpere vel pingere; sed quodcún (que) reperitur tolli; whereto a Publication Landulph. Sag. Miscell. 17. of Tiberius II. agrees. Neither was any subscription or Note (without letters) among them, or of such autority as this Venerabile Signum, as C. de Iure Delib. l. 22. §. 2. [...] vide Leonis [...]mp. Nouell. 73. Iustinian to this purpose, calls it. And, as it was in the Standard, it is vsually in later Greek stories, titled [...]; as if you should say, the Palme of Victorie. How frequent it is now and of ancient time hath been in Diadems, Coat Armors, Temples of Christians and the like, euery man may see or know. But, as with vs it is the common ensigne of euery Church, Religious house, Christian Prince, and Army of the holy warres (whereupon, in ancient time, the very erecting of a Crosse gaue Stat. West. 2. cap. 37. priuiledge against Temporall Right) as a testimony vnder whose banner wee fight, so with the Mahumedan Turks, the Croissant or half Moon, as a Religious symbole, is as commonly set on the top of their Meschits, Seraglias, Turrets and such like; which is not vnfitly here remembred, being the chief Imperiall Enfigne of those miserable Professors. [Page 163] Neither, I ghesse, can it but please, if somthing be added here of the reason and originall of that superstition. It may be referd to this fabulous and most ridiculous relation. Mahumeds followers, they say, looking on the Moon when she was towards Cantacuzen. [...]. Serm. 2. & vide Alcoran. Azoar. 64. coniunction (at what time she is as a Croissant also in form, although of a contrary posture in heauen) desired him to shew them som Miracle. He with his two fingers pointed at her, wherupon she presently fell in two pieces; the one piece falling down on the hill Elcais in one part of Mecha, the other on the Red hill in the other part of Meca: but at length both pieces came together into Mahumeds lap, or In Manicam Camisiae Machometi Epitom. Sacror. Bell. apud Canis. Antiq. Lect. Tom. 6. his shirt sleeue, and so he put her whole into heauen again. But this is as true, as, that Doctrin. Machumet. ab Hermann, translata. Gabriels wing touching the Moon was the only cause why shee differs so much from the Sunne in light. Laugh at these, and you shall haue a better inquiry. The Ancient and present Arabian account is by Lunar yeers, as infants in Astronomy know. In the Root of their Hegira (which is as much as Persecution, and in the Alcoran occurrs by the name of Alhegire; and supputated from the flight of Mahumed, out of Mecha, being vnder Heraclius A. Chr. DC. XXII. is alwaies vsd for the date of the Grand Signiors letters as before is remembred) it so fell out that the New Moon of theit first Month Mucharam (whence as we from March, they accompt; sauing the vnstedfastnes happening by intercalations, which Lunar yeers must haue) reckoned by their annuall course of Meane Motion, then differing, in this Hagaren yeer, neer three daies from the True Motion of the Moon, was the third day after the true Coniunction or Change: at which time commonly in our Croissant form hir apparition is in any climat. Neither could the New Moon of that Hagaren yeer otherwise fall out, it being the XVI. of our Iuly and Friday. Vnde sine dubio (saith Diuine [Page 164] De Emendat. Temp. lib. 2. Ioseph Scaliger) hodie omnes Muhamedistae in fastigijs summis Turrium illarum è quibus Lunam nascentem speculantur, imponunt Lunam Corniculatam pro Insigni quemadmodum Christiani Crucem. For it could scarce bee likely but that they, who so religiously had fabled of their Impostor Mahumed, and regarded his particular Actions with such superstition, must, with all Reuerence, obserue and honor the Moon, in that form as shee appeard when their great Prophet was persecuted, when as their whole generation haue with such Scaliger. Can. Isagog. lib. 3. acclamations of ioy, dancing, leaping, and hope of foreshown happines, alwaies entertaind hir first, and euery monthly apparition, calling her then Nalka i. a Horseshoe, from the likenes of figure. But that is not without example from the Iews, who most anciently held their New Moons (as Ante alia verò consulas Psalm. 81. com. 3 testimony of holy Writ frequently shews) which Horace calls their Tricesima Sabbata. And at this day (so In Prolegomenis ad Emend. Temporum. Scaliger teaches mee) as soon as they see her after Coniunction, they presently cry [...]. i. Good Fortune to vs and to all Israel; as the old Greeks were wont to salute their Lights brought to Table with Good Light Varro de Ling. [...]t. 5. [...], somwhat like our custom in the same matter. Idem (that is, as the Iewes, saith my most noble autor) faciunt & Muhammedani, quamuis Neomaenias ex scripto indicere soleant. But the most ancient Arabians had their chief Goddesss Alilat (by Herodotus interpreted Vrania) which by all likelyhood was but the Appearing Croissant known to this day among the Mahumedans by the name of [...] i. Halilat, whence Alilat is plainly made: vnlesse rather from the spurne Lilith [...] mentioned in Isa. cap. 34. La [...]a est Interpretibus, [...]x, & similia. holy Writ, which the Iews say is a Spirit very Dangerous to yong Children or Women in Childbirth, whereupon their custom is (especially of the German Iews) at the Elias in Thisbit. verb. [...] ex Ben Sira. Birth-times of their Women, to chalk out on euery of the walls of [Page 165] the Chamber in a Circle, this charme:
i. Adam, Heue, Hence (or out) Lilith. And in the inner door of the chamber they write the names of three Angels, Senoi, Sansenoi Samanegeloph (preseruers of yong children) which they learned once of Lilith when they would haue drownd her in the Sea. A learned and discreet tradition! Whether with this Alilat, Lilith, or Halil, the name of Ilethyia, being, in Pindar somwhere [...], for Lucina, among the Gentiles, had the same origination, I inquire not here. Their offices and attributes are common Theocrit. idyll. 28.— [...] enough, to offer perswasion, which may induce you to think so. Children know that Lucina and the Moon are as one: and Lilith had (I doubt not) its beginning from [...] or [...] i. the Night, and is, if the later Iod be turnd into Vau, the plurall Number of [...], whence Ionathan Ben-Vziel makes it expressely in his Chaldee [...], as if hee should haue said Nights; and that Halil in Arabisme is but Noctiluca from the same root. Whence (vnder great Scaligers fauour) I am neer perswaded that their honor to the Croissant is more ancient then the Hegira. And haue we not autority beyond exception, that the Camels of Zaebah and Zalmunna Iudic. cap. 8. com. 21. two Midianit (or Ismaeliti (que)) Kings slain by Gideon, had about their necks, as acknowledging their Royall Masters by their ensigns, [...], which the Rabbins interpret the Images of the Moon. Crescents also were worn vpon the Senators of Shoes in Rome, which is best deriud from their discent out of the Arcadian Nation, which calld themselues [...] i. Antelunares; not that they faind themselues more ancient then the Moon (as som idly) but because they would vndertake no matter of moment before the New moon, as the Lacedemonians would [Page 166] not till the Full. Kinds of superstition common to the old Germans, Gaules, and others. Hence is the Lunata planta in Martial, the like in others. And Syluar. 5. in Protreptic. ad Crispin. Statius
How much the Crescents or [...] i. little Moons were wont to honor statues and Images may be seen in Aristophan. in [...]. & Scholiast. Greek Antiquities. Although, I know, the most noble and learned Comme [...]t. ad Priapeia. vide si placet, H. Grot. ad Arati Imagines. Ios. Scaliger supposes them set on rather to keep the statue from being defil'd by Birds sitting on them, then for addition or note of honor; and he finds fault with Painters, which in Christianisme also set them on pictures, where that vse of them cannot bee. But, I am sure, in diuers old coins, you shall haue them on the fronts of the faces; to what purpose, I cannot iudge, vnlesse for a mark of Honor. Yet som learned Busbeq. & Lips. Epistol [...]c. quest. 1. Epist. 16 men haue thought that it was a proper Ensign of the Constantinopolitans or Byzantins, because diuers pieces haue been found with a Croissant, and inscribd [...]. And thence they imagine the Grand Signior took it, vt signum victae Gentis penes quam (as Lipsius speaks) Orientis imperium esset. But I must not subscribe to them. How much, euen since the blessed propagation of Christianisme the New moons haue been, and superstitiously, regarded, is known out of their Harm [...]nopul. Epit. Canon. sect. 3. tit. 3. ex Synodo in Trullo habita & v. Chrysostom. Homil. 203. Edit. Ducaeana. aduersus [...]. Bonfires and such iollities vsd at them. But for the Mahumedans, and Hagarens, questionlesse to their Moon, Alilat, Halil, Nalka (which are all one) you may reduce their Uenus, on whose week day their law is supposd giuen, and to hir Planet, the change or continuance Petr. de Alliacode dist. leg. Cap. 1. of it is by Astrologers (I inquire not how well) referd as Christian profession to the Sunne, the Iewish to Saturn, and the like. But Historians think falsly their Venus to interpret Cubar or Cobar so famous [Page 167] among them. For Cubar or Cobar is nothing by interpretation but [...], Potens, Mighty, and so is but Halil, Lunus, or Luna, and by no means (as I ghesse) Venus, if you take Venus, as we do, for the first Planet, but well enough, if you consider the name, as designing only a Goddesse or Starre of sight generally, which Cubar will well endure. And those Eastern parts had euer anciently the Moon vnder both Sexes in their Deuotions. Lunus Spartian. in Caracall. vbi & consulendus V. Cl. Is. Casaubonus. and Luna. Which seems not of yonger beginning then the adoration of the Sunne among the Persians: which as the Crescent now to the Mahumedans, was in some sort vsed, and set vpon their Royall pauillions. Patrio more Persarum (saith Curt. lib. 3. & Xenophon. lib. 8. Cyropaediae. Curtius) traditum est orto sole demùm procedere: die iam illustri, signum è tabernaculo Regis buccinâ dabatur. Super tabernaculum vnde ab omnibus conspici possit, image Solis crystauo inclusa fulgebat. But of their Moon thus much. And thus much of the Externall Ensigns of Maiestie. Other particulars there are to this purpose. But either so obsolet, that our Age hath not to do with them, as the carrying of Fier before the Persian, and Roman Emperors; the Ius Capillitij of France, and the like. Or so peculiar to some only, that they are rather to be referd to the Countries custome and Ceremonie, then Royall Maiestie.
TITLES OF HONOR.
SECOND PART.
PRinceps, and Princeps Iuuentutis. Caesar, when first the Title for the apparant successor. Rex Romanorum. Despote, Sebastocrator, Caesar, Panhypersebastus, in the Eastern Empire. The Despotes Crown. An Innominat Title before Despote. Daulphin. The beginning, cause, and signification of that name in the French heirs. Humbert Daulphin his Epitaph in Paris. The Salique law, and its interpretation. Goropius his coniesture why the Franks allow not Womens gouernment. Monsiuer, title of the Brother and heire. The custome of the French Peers being at the Queens Childbirth. Clyto, Clitunculus for the Saxon Princes. Etheling, or Adeling. Errors of Polydore. Duke of Normandie. Prince of Wales, when begun as proper to the Eldest son and heire of England. Duke of Cornwall. Prince of Scotland. Duke of Rothsay. Steward of Scotland. Earldom of Rosse by Act of Parliament made as Appanage to the second sonnes, in Scotland. Infanta of Spain. Prince of Astura. The Pragmatica of Philip II. for writing to the Infanta of Spain.
CHAP. I.
TO auoid the danger of an ensuing Anarchie, as well in Electiue as Hereditarie Monarchies, a designation hath vsually been of the next APPARANT HEIRE or successor: and that by some honorary name. In [Page 169] In the first of the Roman Empires infancie, successors were by adoption appointed, and stil'd Principes Iuuentutis. The first example was in Octauian his adoption of Caius and Lucius, sonnes of his daughter Iulia by Agrippa. Yet (as is before toucht) with them, Princeps alone was equiualent with the name of Emperor. Otho to his Tacit. Histor. 1. & Annal. 1. Armie. Nec priuatum me vocari sustineo, Princeps a vobis nominatus; nec Principem, alio Imperante. And, of Augustus, the same autor: Lepidi at (que) Antonij arma in Augustum cessere. qui cuncta discordijs ciuilibus fessa nomine Principis sub imperium accepit. Thence came Principatus and Tertullian. lib. adu. Hermog. Principium to bee abstracts for their Power and Gouernment. The affectation of this Title by the Emperors sprang from the vsuall name of Princeps Senatus, which was before the Caesars, known among them. So did they in this preuent innouation. Whereupon the dissembling Tiberius often Dio. hist. 57. affi [...]md himself [...]. i. Emperor of the Armie, but Prince of the Rest. But those who were constituted for succession, had alwaies the addition of Iuuentutis to Princeps; which Zonaras turns [...]. i. Prince of the Youth. The two, adopted by Octauian, are exprest by this name in a Coine, picturd with them, circled thus: C. L. CAESARES AVGVSTI F. COS. DESIG. PRINC. IVVENT. in the hands of that noble Mark Velser of Auspourg. Others like are extant, with that Title; being, as is supposd, worn out of that Ancyran monument, where you read; EQVITES. ROMANI. VNIVERSI. PRINCIPEM. . . . . . . . . . HASTIS ARGENTEIS DONATVM APPELLAVERVNT. The defect is supplied by coniecture of two great and most learned Critiques, Casaubon and Lipsius, with IVV. C. for Iuuentutis Caium. And as Princeps Senatus was chief [Page 170] in their Senatorian order in their free State, before the Caesarean Empire, was the name of Princeps Iuuentutis for a chief in the Ordo Equestris. So is the sonne of C. Curio named by Orat. in Vatinium vide [...] Lips. Elect. lib. 2. cap. 1. Cicero. From Octauian vntill Hadrian this Title remain'd for the apparant successor. Thence began Caesar, to that purpose. For, although others before which were apparant successors had that name, yet in them it was as a note of their family not of their hope to the Empire. But Hadrian by this name adopted Aelius Verus. Of him, thus Spartian. Primus tantùm Caesaris nomen accepit adoptione Adriani, familiae principum adscriptus. And, a little after. Nihil habet in vita sua memorabile, nisi quod primus tantùm Iul. Capito [...]inus in Clod. Albino docet & quibus insignibus vti Caesarem licuit, ex Epistolâ Commodi Aug. Ad Albinum. & v. Capitolin. in Vero Imp. Caesar est appellatus (so Casaubon reads, instructed out of a Ms. in the French Kings Library) non testamento vt antea solebat, ne (que) eo modo quo Traianus est adoptatus; sed eo propè genere quo nostris temporibus à vestra Clementia (he writes to Diocletian) Maximinianus at (que) Constantius Caesares dicti sunt: quasi quidam principum filij Viri, & designati Augustae maiestatis Haeredes. Which disproues the tradition of Aur. Victor, that in the adoption of Hadrian by Traian, the name of Caesar first was the mark of succession. Abhinc diuisa (saith he) nomina Caesarum at (que) Augusti: inductúm (que) in Remp. vti duo, seu plures summae potentiae, dissimiles, cognomento ac potestate dispari sint. Caesar was then what remains to this day in the Western Empire, known more vsually by REX ROMANORVM. Which began with the Translation, it seems, of the Empire out of Greece into France. Of the inauguration of Charles le magne, writes Sigebert; Karolo Regi Imperatorias laudes acclamant eúm (que) per manum Leonis Papae Coronant, Caesarem & Augustum appellant, Pipinum verò filium eius Regem Italiae Ordinatum collaudant. But its obserud, that after Charles surnam'd Crassus (all the Emperors before him being meerly [Page 171] hereditarie, & enioying their Title not so much by Coronation or Vnction, as right descendible) no other stile was assum'd till Consecration from the Pope, but Rex Romanorum, and that it being had, thenceforth they were all writen Augusti and Imperatores; and so in their Charters was it by themselues obserud with Anno Regni so much, Imperij so much: Quod omnes (saith De Comitijs Imperatorijs. Onuphrius) posteà eius (of Charles the Grosse) successores vs (que) ad Nostra Tempora religiosè admodum obseruarunt. He, more at large, giues you a reason of it in this Charles. But he was a child of the Romish part, and so, I know, you respect him; yet was hee one exceeding well deseruing in our age, of the state of this kind of learning, and in this giues you the truth. And this Rex Romanorum was to be Crownd & annointed by the Archbishop of Cologne at Aix. But in the Eastern Empire, Caesar continued for the next dignitie to the supreme, only till Alexius Anna Comnena Alexiad. 3. & Zonar. Annal. Tom. 3. Quatuor Principes ratione Dignitatis Graeco vocabulo Sebaston dictos meminit Autor Expedit. Asiatic. Frederic. 1. apud Canis. Tom. 5. & Theodorus Imperator [...]. Georg. Logothet. Chronic. Constantinopol. pag. 20. Comnenus. He when Nicephorus Melisenus had been before by him made Caesar, created his brother Isaac a new title, and calld him Sebastocrator; and made him second from the Crown, and the title of Caesar, third. Afterward, the same Emperor Alexius hauing one only daughter Irene, whom he gaue in marriage to Alexius Palaeologus, and no issue male, made the Sebastocrator to bee as third from him, and the Caesar fourth (whose State & Dignitie was by him equalld with the Panhypersebastus, another title of his making) and inuested this Palaeologus with the speciall Title of g DESPOTE, which thence remaind in that State for the next after the Emperor, and well may bee interpreted by the French Monsieur, applied to the Kings brother and apparant heire. And as hee is the Monsieur for excellencie in France, so the heire apparant in Constantinople was calld [...] the Despote, yet not otherwise but that [...] was also (as Monsieur & Prince with vs) communicated to the Emperors G. Codin. [...]. sonnes, sonnes [Page 172] in law and Brothers. When the Emperors sonne was inuested with this title of the Despote, he had a Crown deckt with Diamonds put on his head, by the Emperors own hand. This Crown they call'd Gyrata Corona. [...], because it had foure little arches ( [...]) before, behind, and on the sides. But if he were but sonne in law, then one only before. But it seems afterward a greater Dignity then Despote was inuented by Michael Palaeologus, but not with any honorary title which story remembers. Only the Translation of a later Cantacuzen. hist. 4. cap. 5. Grecian, whose text is not publisht, calls it Vt esset Imperatori proximus: quem honorem primus Palaeologorum Imperator Michael propter filium Constantinum Porphyrogenitum inuenit; videbatúr (que) ea dignitas Despotarum dignitati antecellere. The sonne and heire apparant of the French King is known to all by the name of DAVLPHIN. Good autors discord about the exact certainty of the Beginning and Cause of that title. For the cause, receiue thus: Vnder Philip of Ualois about M. CCC. XLIX. (some will, vnder his sonne, King Iohn) one Humbert others call him Hubert Prince of that Territorie, which to this day retains the name of the Daulphinè, bordering on Sauoy, Prouence, & Piemont, being possest with excessiue grief for losse of his only sonne in the battell of Cressy, resolud to leaue all secular State, and commit his thoughts to the priuat quiet of a religious Cloister, purposing also to institute the See of Rome, his heire. But that designe his people much dislikt, beseeching him that they might rather follow the colours of a King then a Bishop, whereupon Placuit, filij Regum (they are Paulus Emilius his words) vt quis (que) in proximam spem regni suscepti essent, Delphini vocarentur, iurá (que) Delphinatibus redderent. Many follow this, and deliuer that it was giuen to continue in the Elder sonnes and heirs apparant. But Du Haillan constantly denies part of it, affirming, that this Humbert [Page 173] being without hope of lineall posteritie, gaue the inheritance of the Daulphinè to 'Philip Duke of Orleans, second sonne to Philip of Valois, and for default of his issue to the sonnes of Iohn Duke of Normandie, eldest sonne to Valois (and afterward King of France) or of their successors Kings of France, according as the same King or Duke Iohn or their successors should ordain, a la charge que celui que serra inuesti du dict Daulphinè & ses heirs & successors au dict pais, serroient tenus de se faire appeller DAVLPHINS DE UIENNOIS (the Metropolitique Citie of that Territory is Vienna vpon Rhosne) & porter les armes du dict Daulphinè escartelles auec les armes de France sans pouuoir laisse le nom de Daulphin, ny les dits armes. & (que) le dict Daulphinè ne purroit estre vni au Royaume de France que l'Empire ny fust pareillement vni. Whose syllables I the rather cite, because, against the Credit of many other their autors and the common receiud opinion, he iustifies himself out of the Instrument of that Donation, which, by his assertion, he had made vse of. So that neither Iohn Duke of Normandy, nor his sonne Charles (afterward Charles V. of France) were either of them constituted Daulphin (as some haue deliuerd) but this Philip Duke of Orleans, & second sonne to Valois, since whom that State vpon good reason hath so ordaind, that it (being a neighbour Territorie to Sauoy and Italy) should neuer be further from the Crowns possession then in the sonne and heire apparant. Although it seem true that Charles V. sonne and successor to K. Iohn was the first of their Kings which was Daulphinè. For the beginning of the Title: Its Andre du Chesne Ant. q. & Recerch. lib. 4. cap. 2. & autres. affirmd that about M. LX. vnder Philip I. one Guy Earl or Gouernor of most of that Territorie, nam'd it Dauphinè, in fauorable respect of a match twixt his sonne & the daughter of Daulphin Earl of Albon and Viennois. So to perpetuat a name which by alliance had honored his family. [Page 174] And Circe M. CC. X. Petrus de Vineis lib. 2. Epist. 49. Frederique II. writing to his Capitane of Sicily, speaks of Delphinus Comes Viennae consanguineus & amicus noster. And another French Io. a Bosco Coelestin. in Viennae Antiq. Antiquarie saith, that Daulphin was the surname of the Earls of Viennois, Albon, and Aruerne, and that they bare for their Coat the Dolphin, which afterward being controuerted twixt the deuided house of Viennois and Aruerne, it was orderd, that they should both bear the Dolphin, but with differences. Therefore I can hardly think that the word Daulphin was in that part of France (or Gaule) according to the idiom of the ancient Allobroges (they had their seat here and in Sauoy) a speciall name for Prince, and Daulphinè for Principality. Notwithstanding that a most P. Aemilius histor. 8. iudicious autor, of the French storie, speaking of the marriage twixt one of Philip the fifts daughters to the Daulphin of Viennois, saies, ita suos Principes vocitabant Allobroges. And in a Monasterie of the [...]acobits at Paris (I speak it vpon the credit of Cosmog. lib. 3. part. 2. cap. 40. P. Merula) the Epitaph, of Humbert is thus conceiud:
Cy gist le pere & tres illustre Seigneur Humbert iadis Dauphin de Viennois: puis Laissant sa principaute fuit fait frere de nostre ordre, & Prieur de ce Couēt de Paris, et en fine Patriarche d'Alexandrie et perpetuel Administrateur de l' Archeuesché de Reims & Principal Bien-facteur de ce nostre Couent. Il mourut l'an du grace, mil trois cens cinquante cinq.
Hence som collection may be that Daulphin or Dauphin is taken as signyficant for Prince. But not euery heire apparant with them is called Daulphin. Its only [Page 175] the sonne and heire: which hath indeed its ground in the first Donation. Euery other heire apparant (supposing their law Salique, which excludes Females) is calld the Monsieur; as, not many yeers since, Francis Duke of Alençon, and brother and heire to Henrie III. and in the memory of our Fathers, Francis Duke of Engoulesme, brother to Lewes II. and afterward King. For their law Salique (because few know any thing of it, though all talk of it, and it belongs to this purpose) a word or two. There are yet remaining, and in Edit. Optima ap. Goldast. Constit Imperial. Tom. 3. Print, Leges Salicae, composd (as they say) by foure Counsellors about Pharamunds time; Wisogast, Bodogast (som call him Losogast) Salogast, and Windogast or Husogast. In them you shall read thus: De terra verò Salica nulla portio Haereditatis Mulieri veniat, sed ad Virilem sexum Tota terrae haereditas perueniat. The best interpretation of Terra salica (although some will haue Apud Hadrian Iun. in Batauiae cap. 9. it Regiam Terram & Dominium Coronae & Maiestatis Regiae Francorum) is by our word Knights fee, or land held by Knights seruice. Som deriue it from Goropius Francic. ib. 2. Sal, contracted from Sadel or Sadle, signifying alike with vs and the old Franks, which were Teutonique, and calld also Salians. And not long since in an Arrest in the Parliament at Burdeaux, vpon controuersie Bodin. de Repub. lib. 6. cap. 5. twixt two Gentlemen for priority of their houses, a very old Testament being produced, whereby the Testator had deuised his Salique land, it was resolud in point of iudgement that this name interpreted Fiefs. And, who knows not that Fiefs originally were militarie gifts, and as the same with our Knights Fees? But, the Crown or any suprem Dominion cannot be calld a Fief or Fee, whose essence consists in beeing held by some tenure. And good Lawiers haue thought that the text extends no otherwise. Whereupon, I think, one, now liuing Hierom. Bignon. de l'excellencie des Rois. liure 3. at Paris, speaking of their Royall succession, by them allowd only to Masles, makes it rather a perpetuall custom [Page 176] then particular Law. Ce n'est point (saith he) vn loye ecritte, mais nee auec nous, que nous n'auons point inventée, mais l'auons puisse de Nature mesme qui le nous a ainsi apris & donne cet instinct. But why then is it call'd Salique? and why was that law so vrg'd against our Soueraign of famous memorie Edward III. To be long and curious vpon this matter, fits not this place. But Goropius vndertakes a coniecture of the first cause which excluded Gynaecocratie (or femall succession and gouernment) among them, and ghesses it to haue proceeded from their obseruation of a great misfortune in Warre, which their neighbours the Bructerans (a people anciently about the now Ouer-Isel one of the XVII Prouinces, from neer whom, he, as many others, deriues the Franks) endur'd in time of Vespasian vnder the conduct and Empire of one v. Tacit. Histor. 4. Velleda, a Ladie euen of diuine estimation amongst them. But, howsoeuer the Law be in truth, or interpretable, it is certain that to this day, they haue a vse of ancient time which commits to the care of some of the greatest Peers, that they when the Queen is in child-birth, be present and warily obserue least the Ladies should priuily counterfeit the enheritable sex, by supposing som other Male when the true birth is female, or, by any such means, wrong their ancient custom Roiall; as of this Lewes XIII. born on the last of September in M. DC. is, after other such, Rodulph. Boter. Comment. 8. rememberd. Before the title of Daulphin, I find not any speciall name for the French heir apparant. Both He and his brothers are vsually in their old stories calld generally Reges, as the Children of the Saxon Kings with vs are V. Ethelwerd. lib. 2. cap. 18. & recentiorum complures. Clytones, or Clytunculi. Dedit etiam consilium Edricus, vt Clitunculos, Eadwardum & Eadmundum Regis Eadmundi filios necaret, saith Roger of Houeden. This Clyto, Clito, and Clitunculus, they had from [...], i. inclytus, by which they interpreted their Saxon word Eðeling Etheling, i. [Page 177] Noble. One Nith. Angilbert. hist. lib. 4. Atqui Vet. Saxonum Gens in Nobiles, Liberos, Libertos, & Seruos dispertita est ab Einhardo apud Adam Bremens. hist. Eccles. cap. 5 & Abbat. Vrspergensem. speaking of the German Saxons vnder Charles le maine, hath: Gens omnis in tribus ordinibus diuisa consistit. Sunt n. inter illos qui Edhilingi (that is Ethelingi) sunt qui Frilingi, sunt qui Lazzi illorum linguâ dicuntur. Latinâ verò linguâ sunt Nobiles, Ingenuiles, at (que) seruiles. And, that Edgar sonne to Edward sonne of Edmond Ironside, the last heire to the Crown of the Saxon line (not mixt with the Norman) is in Houeden, Marian, Florence, and others calld Clyto, Edgarus Clyto; whom Henry of Huntingdon, Matthew Paris, and such more stile Edgarus Etheling, [...] pro VV. Nobilissimis, & (vt videtur) Ducibus siue [...], sumitur. Canut. leg. cap. 55. or Adeling; where, by the way, note Polydore's ignorance, titling him Edgarus cognomento Ethelingius; his surname being no more Etheling, then the now Englands Darling Charles his is Prince; or indeed, then Polydore's was Ignorant. After the Conquest, no speciall title more then Primogenitus filius Regis was for the Prince, vntill the name of PRINCE OF WALES came to him. Yet Polydore, speaking of Henry the first his making his sonne William Duke of Normandie, addes, hinc mos serpsit, vt Reges deinceps Filium Maiorem natu quem sibi successorem optassent, Normanniae principatu donarent. But the time which interceded Henry the first and K. Iohn, vnder whom Normandie was lost, will not iustifie any such thing as an honorarie Duty to the English Heires. He afterward in Henry III. his XXXIX. yeer, saies, that in Parliament, Edwardus Regis filius (he, 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 vnusquis (que) 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 [Page 178] in that gift, so speciall to this purpose. For, after the other, it comes in the Patent in these words only, 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 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 [Page 179] 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 Circa c [...]. 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 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 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 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, [Page 180] vt Castellae Regum maiores Filij Asturum Principes sint, quibus, annis consequentibus, Vbeda, Biatia, Illiturgis (que) sunt adiectae. In the Spanish Pragmatica of c [...]. 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 [Page 181] the great to the Prince of Athens; vpon weak credit. Power giuen to the Duke of Austria (being made a King) to create a Duke of Carniola. The difference of Dukes in the Empire. Who of them may weare a Crown, who only a Cap. The beginning of this and that (equall) of Count, in the French state. The Counts of Holland and Flanders. The Royalties of the ancient Dukes in France. Their Crown. The reuniting of those ancient Dukedomes and equall Counties to the Crown. The later kind of French Dukes, farre inferior to the ancient. They beare their Crowns on their Armories only. Whence the Crowns of Dukes, Counts, and the like came in fashion in these Western parts. The Crowns of the Sebastocrator and Caesar. Appenage. [...] in a Charter of Edward III. The Ceremonie of inuesting our K. Iohn made Duke of Normandie. When Dux came to be a speciall and distinct Title in France. When, in England. The creation of the Black Pr. Duke of Cornwall. A ring signe of Principalitie giuen, and in Coronation of Kings. Inuestitures of Bishops with Staffe, or Rod and Ring. When left off and remitted in the Empire, and with vs. Error in Matthew Paris and Matth. of Westminster. Bishoprickes to be giuen by the Kings letters patents without Conge d'eslier, by act of Parliament. Iohn of Gaunt made Duke of Lancaster; the ceremonie, and in making Tho. of Woodstock D. of Glocester. The chief ceremonie at this day. Dux in the Saxon times. Duke of Northumberland by that name then hereditarie. Dux then was properly their Eople. Wergild, What. Thrymsa. The first Duke in Scotland. First Dukes in Castile. Ducall Crowns there. Titles to be giuen to Dukes and their Grands, by the Pragmatica. L'oyseau's error concerning Dukes of England [Page 182] [...] or Duke in Moses and in the common assertion of the Rabbins.
CHAP. II.
NExt to the apparant successor in the Europaean States, are the Titles of Duke and Archduke, Marquesse, Count, (which we call Earle) Vicount, Vidame, Baron and other more. Of whom in their Order. Two of them, DVKE and COVNT, Dux & Comes, haue their names most ancient, but differing much from what they now are appli'd to. Philip of Macedon, hauing wasted the libertie of Greece, seeing that a moderat vse of his victorie was fittest for establishment of his rights of Conquest, ita vicit (saith lustin) vt victorem nemo sentiret. Sed nec Regem se Graecis, sed Ducem appellari iussit. The like did Scipio Africanus in Spaine, when Edecon and Andobal Polyb. histor. 10 saluted him King. Of whom also De Amicitia. Cicero: Quanta illi, Dij immortales, fuit grauitas, quanta in Oratione Maiestas! vt facilè Ducem P. R. non Comitem diceres. And, in another Orat. pro Cornel. Balbo. place: Si qui sunt quibus infinitum sit odium, in quos semel susceptum sit, quos video esse nonnullos: cum Ducibus ipsis, non cum Comitatu assectatoribúsque confligant. In the Caesarean Empire, Dux was next to Imperator. The play of Ducatus & Imperia, like to our sports sometime vsd in making a Prince with all his officers and dignities, was by that name Sueton. in Ner. cap. 35. known in Rome; which Trebellius Pollio calls fingere potestates. And Martial Lib. 6. Epig. 83. & 91. salutes Domitian with summe Ducum, and titles him summus Dux. In like sense Iuvenal, Statius, others vse this great attribute, which, in the more ancient times, you see plainly was much before Comes, as the verie signification of the words shew. Dux then properly [Page 183] was at first the Generall of an Armie vnder the Emperor. Afterward it became vsually applied to such as had the militarie care of Frontiers. As in Scythici limitis Fl. Vopisc. in Aureliano. Dux, Orientalis limitis Dux, Illyriciani limitis Dux & Thracij, Rhetici limitis Dux, Trebell. Poll. 30. Tyrann. in Posthum. & in Celso. huc sane referri potest & quod de Legionibus, quae limitibus. praefuere sub antiquioris aeui Impp. habet Dio. hist. 55. Transrhenani limitis Dux, limitis Lybici Dux, and the like. And Spartian sayes of Aelius Verus, that he was Pannonijs Dux ac Rector impositus. Their office it self was cald Ducatus. In an Epistle of the Emperor Tacitus to Probus, you read; Nos tibi decretototius Orientis Ducatu salarium quintuplex fecimus. And they had their Tunicae Ducales known by that name, as in Valerians speech to Aurelian is remembred. And Ducianum Iustin. Cod. tit. de appellat. l. 51. quando. 38. Iudicium in later time is vsd for iudgment giuen by them. The precedent of their Commission, as one by particular we are instructed, thus Cassiodor. Var. 7. fox. 4. spake—. Ideoque validum te ingenio ac viribus audientes, per illam indictionem, Ducatum tibi credimus Retiarum: vt milites & in pace regas, & cum eis fines nostros solenni alacritate circumeas. But in those times, Comites were great men: such were in Comitatu Imperatoris, of whom Constantine the great in his distinction of honours made some of the first Rank, some of the second, and some of a third. [...], which is the same, in the words of Euseb. de vita Constantini. [...]. one that liu'd and wrote vnder him. The forme of giuing the greatest of these honors is thus Cassidor. Variar. lib. 6. cap. 12 deliuer'd.—Quocirca prouocati moribus tuis Ita dictus Honos ille, Graecis vero [...]; Comitiuam primi ordinis, ab illa indictione, maiestatis fauore largimur, vt Consistorium nostrum sicut rogatus ingrederis, ita moribus laudatus exornes: quando vicinus honor est Illustribus dum alter medius non habetar.—Admoneat te certè quod suscepta Dignitas Primi Ordinis appellatione censetur: vtique quia te sequuntur omnes, qui Spectabilitatis honore decorantur. So that a Count of the first rank seemes somewhat before a Duke of a Prouince; yet both vnder the same generall note of [Page 184] Spectabiles comprehending both Dukes, Counts of Prouinces, and some other. But these Counts being of the Spectabiles (which were between the Illustres and Clarissimi) imploid in militarie seruice or state gouernment abroad, had the name of Comites C. de off. rect. Prou. l. Iustissimos 3. per prouincias, & C. de Com. Rei. Mil. l. Eos. 2. & Consulas, ad hanc rem, Nouell. Constit. 27. de Comite Isauriae. qui sub Comitiuae primi Ordinis dignitate peculiariter ad quamlibet prouinciam vel prouincias defendendas, milit e credito, autoritate Imperatorij Nominis destinabantur. The Graecians call'd the Counts of the first Nouell. 43. c. 3 rank [...]. But howsoeuer the difference of Duke and Count was at the first institution of the Comitiua vnder Constantine, or about Iustinians time (to which referre that of Cassidore) it's certain they became not long after Constantine, equall. Honorius and Theodosius in a Constitution. Qui C. de Com. & Trib. Schol. l. vnic. honor Comitiuae regimen fuerint nacti, absolutos militia, inter eos qui Duces fuerint provinciarum numerari iubemus. And the same C. tit. de Com. & Archat. Sacri Palatij. l. vnic. v. & de comit. Consistor. & lib. 1. tit. 38. l. 1. Emperors. Inter Vicarios (that is, they which were vnder the Praefecti Praetorio) & Duces qui administrauerint & eos qui Comitiuam primi Ordinis meruerint, nihil intersit, nisi tempus quo quis administrauerit, vel Comitiuae adeptus est insignia. Of these titles is frequent mention in that excellent monument, the Notitia vtriusque Prouinciae composd (as Panciroll thinks vpon good collection) about the time of Theodosius the yonger; Where the gouernours of this Ile are remembred Comes Britanniarum, Comes Littoris Saxonici, Dux Britanniarum, and others. But the title of Count was vsually giuen without any Office or gouernment, as meerly honorary; not so, that of Duke. In the grant of the Cassiodor. Var. 6. for. 12. Comitiua vacans (as they nam'd it:) Hocmultò praestantius, adesse conspectibus regijs & abesse molestijs, gratiam habere loci & vitare eontumeliam Actionis. They which had it were Vacantes. Secundò veniant Vacantes (are the words of an Imperiall C. vt Dignitat. Ord. seru l. 2. Omnes. constitution) qui praesentes in Comitatu illustris dignitatis Cingulum meruerint. Whom Zeno C. vt senat. vel clariss. l. 3. §. 2. calls, qui sine [Page 185] administratione honorarijs decorati fuerint codicillis. And hence came that obuious name of Comes in the, declining times of the Empire. Herminio [...], for Comiti, Caesareo [...] and infinite the like are in the inscriptions of Isidore of Pelusium his Epistles. He liu'd about CCCC. after our Sauiour vnder the yonger Theodosius. It being by it self but for one that was honor'd with accompanying the Emperor, and euen the same with [...] i. one that liud with the King; by which honorary attribute Apochryph. Dan. cap. 14. Daniel is stiled vnder the Babylonian Monarchie not much differing in substance from the Kings friend ( [...]) which in the 1. Macab. cap. 10. [...]om. 20 cap. 11. com. 27. alibi▪ Macedonian Empire was of great and speciall honor. And Astrologers haue anciently deliuer'd, that they who had Mercurie in their Ascendent should be Firmi [...] Mathes. 8. cap. 27. Regum amici, alluding to or aiming. I ghesse, at that old Title: Being in a like sort giuen them which had anciently the Attribute of AMICI ET FRATRES ROM. IMP. as the Bataui (or Hollanders) and the Hedui (now called Burgognes) had Antiq. Inscript. & Tacitus Annal. 11. Vbi videndus Lipsius. in old time. But later time, in the Esterne Empire, vsd the word Comes or [...] in another kind, transferring it from a dignitie to an inferior militarie office. [...] (saith an Constantin. Porphyr. in Themat. Emperor) [...]. i. Comes is a Centurion. But indeed their Centurion was vnder the Count or Comes; and the Count Leo in Tactic. cap. 4. § 10. Gloss. Vett. Iuris & Nouell. c. 27. was [...], or [...] i. the leader of a whole Band. They vsually since D. after Christ, and sometimes Isido. Pelusiot. lib. 1. Epist. 133. Strategio [...]. before, rememberd that of Duke by the name of [...] Dux, and made it their word out of Latine; and the Constantinopolitan Empire had its: [...] i. the great Duke for a speciall office of great place, vnder which the gouernment of the Marine forces, was; as vnder the [...], those on land. But none better interprets what a Count being imploi'd in gouernment was, then Suidas. [...], saith he, [...] i. Comes or a Count, is a Gouernor [Page 186] of the People. And agreeing with him is Hesychius much more ancient. Therefore in the Cassiodor. Var. 7. form. 1. grant of a Comitiva Prouinciae, the words are Scito puniendi remedium datum tibi pro salute multorum. Arma ista iuris sunt, non furoris. For he had his militarie forces aswell as a Duke, and with them kept his Prouince in subiection, as the Duke. But whereas it was proper to the Duke to be chiefly Martiall, it seemes, on the otherside, that the Counts gouernment was chiefly legall and in administration of iustice, hauing his Armie for Defence and better execution; which was common to all that by this name had Prouinces. Not to them only which were of the first Rank. For, a Prouinciall Count, of the second, had an Armie, and was also a Ciuill Iudge. The precedent of his Commission goes Cassiodor. d. l. form. 26. thus. Propterea, per illam indictionem, in illa Ciuitate, Comitivae honorem secundi ordinis tibi, propitia diuinitate, largimur: vt & Ciues commissos aequitate regas, & publicarum Ordinationum iussiones constanter adimpleas. Such a one was much inferior to a Duke; and, as I ghesse, the originall of such as were, in succeding ages, Counts vnder Dukes, was from those of the second Rank. For a Count, of the first was rather better, then inferior to a Duke. A very ancient Leg. Baiuuar. cap. 5. art. 8. law thus speaks: Si talis homo potens hoc fecerit quem ille Comes distringere non potest, tunc dicet Duci suo, & Dux illum distringat secundum leg [...]m. Heer plainly the Count was vnder the Duke: yet had also his Armie. For not long after in the same lawes. Comes tamen non negligat custodire exercitum suum, vt non faciat contra legem in prouincia sua. and iudges in the lawes of the Westgoths are ordinarily call'd Comites Ciuitatum. So that the chief of the state gouernment was in the Duke, but legall administration of particular iustice in that inferior kind of Count, which by that name was sometimes also constituted by the Duke. In an ancient Leg. Aleman. cap. 41 &. 27. law: Nullus causam audire [Page 187] praesumat nisi qui à Duce per conuentionem populi index constitutus est, vt causās iudicet. I see no difference, if it had been Comes constitutus est. And, among the same constitutions: siquis sigillum Ducis neglexerit XII. Sol. sit culp. si autem sigillum Comitis neglexerit vel mandatum cum VI. Sol componat. This Count is also call'd Iudex Fiscalis. Si quis saith an ancient Leg. Ripuarior. cap. 55. art. 1. constitution, Iudicem fiscalem, quem Comitem vocant interfecerit DC. solid. mulctetur. But, as these kind of Counts were inferior to Dukes, and as their substitutes, by that name so were others known (you may vnderstand this of the times twixt D. and M. of Christ) which were the same in honor, power, and iurisdiction with Dukes, and not so much differing from them, as the Counts of Prouinces of the first Rank. Comites plurimi qui Ducem super se non habebant are App. ad hist. Fredegar. ap. Bignon, in Marculph. rememberd vnder Dagobert. Vnder Charlemaine; Synod. Cabillonens. 2. Cap. 20. Comites qui post Imperialis apicis dignitatem populum Dei regunt. Of Burgundie, an ancient Ditmar. Chron. lib. 7. autor; In his partibus nullus vocatur Comes nisi is qui Ducis honorempossidet. So in Castile, Ferdinand Consaluo, which became in power as King, and his successors for a good time are call'd Castellae Roderic. Tolet. lib. 5. cap. 2. & vide Rod. Sant. part. 1. cap. 11. & Marianam. Comites only vntill the title Royall was thither translated out of Nauarre, by marriage. And what is more common in our English stories and other, then Comes Normanniae, Dux Normanniae & Consul Normanniae for the Duke of Normandie. And in M. XCV. letters from the holy wars, Fulcher. Carnotensis Gest. Pereg. Franc. Cap. 15. to the Pope, were intitled with Domino sancto ac venerabili PapaeVrbano, Buamundus & Raymundus [...]ancti Egidij Comes, Godefridus Dux Lothariensis, & Robertus Comes Normanniae, which shew the indistinct vse of Dux and Comes; and euery man now cals Robert, Duke of Normandie. So William Archbishop of Tyrus Lib. 8. cap. 12. speaking of Godfrey Duke of Bulloigne, and Baldwin Earle of Flanders and this Robert expresses them by Dux & duo supradicti Maiores Comites, where note the addition [Page 188] of Maiores, for the equall title of Duke. And when Our Norman Conqueror had for hast his Coat of Male offerd to be put on the wrong end vpward, he iested at it with Vertetur (as the Latine speaks it) Fortitud [...] Ducatus mei in Regnum, and so Malmesbury, that calls him Comes, hath it; others, vertetur Robur Comitatus in Regnum that call Ma'mesbur. lib. 2. de Reg. Ranulph. Higden, Polychron. lib. 6. cap. vlt. him also Duke, and Comes Normanniae is obuious in the Epistles of Iuo Bishop of Chartres, who yet names our first William Dux Normanniae, in his Chronicle. Infinit like examples are. And these kind of Counts had the same office and dignitie with Dukes, as it seems, and their gouernment might as well haue the name of Leg. Baiuuar. cap. 10. & Aleman. cap. 35. Regnum, as a Dukes; which in ancient laws of Germanie is applied to them. The other kind being vnder Dukes, as Bishops vnder their Metropolitan; which comparison, one Walafrid. Strabo de Reb. Eccles. cap. 31. that wrote vnder the Carolin line, long since rememberd. This difference, I know, agrees not with what diuers haue writen; but I think it more easily iustifiable then any other. But vntill the French Empire, they were rarely more then meer personall, and as much or rather Official then Honorary, when the Gouernment of a Prouince was annext to them. Neither did the Prouinces make them otherwise then Personal. For they were not annext to them as Feudall, but giuen into their Rule at the Emperors or Kings will for a certain time, or at pleasure. For the Empire; the frequent examples in Cassiodore, which haue vsually per illam indictionem make it manifest; that is, that during the time of this Indiction they should continue. For the French State; their president, Marculph. lib. 1. Formul. 8. writen almost M. yeers since shews it.—Ergo dum & fidem (as the words of it, are) & vtilitatem tuam videmur habere compertam, ideò tibi actionem Comitatus, Ducatus, Patritiatus in pago illo, quem antecessor ille tuus vs (que) nunc visus est egisse, Tibi ad agendum Regendúm (que) commisimus, with a brief declaration of the morall parts belonging to those offices & honors; [Page 189] which all three by learned men Pith. des Comtes de Brie & Champ. are thought in those times to haue been but as the same. Of the time, before this autor, obserue what the eldest of the Greg. Turonens. hist. 8. cap. 18. & lib. 9. cap. 7. French Historians hath. Nicetius (saith he) per emissionem Eulalij à Comitatu Aruerno submotus, Ducatum à Rege expetijt, datis pro eo immensis muneribus. Et sic in vrbe Aruerna, Ruthena, at (que) Vcetica Dux ordinatus est. And the same Writer. Ennodius cum Ducatum vrbium Turonic [...] at (que) Pictauae ministraret, adhuc & vici Iuliensis atque Benarnae vrbium Principatum accipit. Sed enuntibus Comitibus Turonicae at (que) Pictau [...] vrbis ad Regem Childebertum, obtinuerunt eum a se remoueri. Where expresse mention is of those inferior Counts subiect to Dukes, and also that one Duke had vnder him two Counts, as, in the other example of Nicetius, three. Which disproues their assertions who tell vs of euery Dukes right anciently to haue v. Douz. Annal. Holland. lib. 5. & P. Pith. Aduers. 1. cap. 8. consisted in XII. Counties vnder him. Indeed its true that an App. Aimonij lib. 4. cap. 61. old Chronicle of France saies that K. Pipin Grifonem more Ducum, XII. comitatibus donauit; which if it bee true (as Hierom Bignon well obserues) it must be vnderstood of some speciall vse vnder K. Pipin only; Other very ancient Annal. incerti Autoris edit. à Pith. autors leauing out the more Ducum, telling vs that Griphoni in partibus Neustriae XII. Comitatus dedit. Or why may we not think that more Ducum in that barbarous time might be to expresse, that Grifo should enioy the Counties as a Duke should? Som such thing is by an old Robert. Monach. Hist. Hieresolym. lib. 4. Monk spoken of as amongst the Turks. Prouincia (saith hee) est quae vnum habet Metropolitanum, Duodecem Consules & vnum Regem, that is, One Admirald, as his word is, or One Amir. But I think he there, as others here, were deceiud in his Number. Others talk of other number of Counties vnder a Dukedom, but in vain & without ground. About this time of Pipin in whom the Carolin line had its originall, this dignitie (with that of Count equiualent to it) began to be feudall for life, and [Page 190] annext to the Territorie giuen for which, the Duke or Count did his fealtie or Homage to the Emperor or King. Obserue but these few examples of that age, recorded by some then liuing. Tassilo was made Duke of Bauiere by Pipin. He afterward tradidit Monach. Engol [...]sm. Vit. carol. M. seipsum Domno Regi Carolo (that is Charles le maigne) manibus in manibus Vassaticum, & reddidit ei Ducatum sibi commissum à Domno Pipino Rege, & confessus est se omnibus peccasse & malè egisse. Et denuò, renouans sacramenta, dedit XII. electos obsides. Here plainly is the fealty Formulam Fidelitatis habes apud Sigonium de Regno Italiae lib. 3. or homage exprest and made by the Duke, vntill breach whereof, the Territorie remaind to him. And therfore, vpon complaint by the Bauarians, that he had broken his faith towards the Emperor, and his confession of it, hee forfeited the Fief. But indeed in Bauier specially, before this time were Dukes it seems feudall, and hereditary, as Theodore, Theodobert, Huchbert, and Ottilo, who had disposition of Fiefs in the Territorie, as in their own right vnder the French Kings, which I am perswaded to beleeu, by their Charters, Enfeoffments, and Testaments recorded in old Arnolf. de S. Emmerammo 1. cap. 5. & Arno in Episc. Saltzburg. storie, and, made to the Archbishoprique of Saltzburg and other Churches. And perhaps other like may be obserued, but for the most part they were, in that age, for life. And, the Tenants are in those times stiled Testament. Caroli. M. Homines, and the granting to them Beneficiare, which vnder Lewes, sonne to Charlemaine, was, without scruple, for life. Villas Regias (saith an Thegan. de gest. Ludouic. Pij. ancient) quae erant sui & aui & Tritaui, Fidelibus suis tradidit, eas in possessiones sempiternas & praecepta (perhaps, perpetuas) Construxit, & annuli sui impressione cum subscriptione, manu propriâ roborauit. Neither were these grants, it seems, other then of the Dignities which wee now speak of. Another, Adhdemar. ap. Anonym. in Vita Lud Pij. Edit. a Pithoeo. that liud vnder him, more particularly of his Father, thus: Ordinauit per totam Aquitaniam Comites, Abbatés (que) necnon alios plurimos, quos Vassos vulgò vocant, ex gente Francorum.—eis (que) commisit [Page 191] curam Regni, pro vt vtile iudicauit, Finium Tutamen, Villarúm (que) regiarum ruralem prouisionem. Et Bituricae Ciuitati primò Humbertum, paulò post Sturbium praefecit Comitem (where note, although they were for life, yet, vpon breaking of their fealtie, they were remou'd) porrò Pictauis Albonem, Petragoricis autem Widbodum, and diuers more such. And of Charles le maigne, after his victories against the Lumbards Ampliatà dcni (que) (saith an old Adreuald. Floriac. de Mirac. S. Benedicti cap. 18. Monk) Regia Potestate, necesse erat Duces Regno, subiugatae (que) Prouinciae praeficere, qui & legum moderamina & morem Franciae assuetum seruare compellerent. Afterward, O tho surnamd the Great, about DCCCCXL. of our Sauiour, hauing first setled the gouernment of the free Cities of his Empire, to the end also, that hee might haue some priuat men, whose worths were most eminent, obliged to him by royall fauours and honorable titles, bestowd in Feudall right of enheritance, his Territories with particular Names of Dignity annext to them. The Dignities were Dukes, Marquesse Count, Captains Vauasors and Vauasins; of whom all, anon. Of Feuds and their Originall, more, in the VIII. chapter, where also you shall see that this distinction of Militarie and Feudall Nobilitie, touching its being for life or enheritance, is to be referd here but to the French and German Empires. But their Feudall laws Constit. F [...]ud. lib. 2. tit. 10. compild vnder Frederique Barbarossa, thus remember what a Duke was. Qui à Principe de Ducatu aliquo inuestitus est Dux solito more vocatur. That Ducatus or Dukedom was, as is before shewd, the gouernment of a Prouince, next vnder imperiall Power. Those Prouinces were giuen by deliuering of one or more Banners, and in like form were resignd. Prouincia (saith one that liud Otho F [...]ising. lib. 2. de gest. Fred. 1. cap. 5. & 32. Otto de S. Blasio capite 6. vnder Barbarossa) per vexillum à Principe traduntur vel recipuuntur. So was the inuestiture of the Dukedom of Borussia or Prussia to Albert, by Sigismund. K. of Poland per Orat. Vice cancell. Polon. Comitijs Lublini apud Chytraeum chronic. Sax. lib. 22. sub anno 1559. & de Aquilis & Bannerio Pr [...]ncipibus Pomeraniae solenni ritu traditis, mentio est apud Alb. Crantz. Wanda [...]iae. 6. cap. 14. Uexilli traditionem, when the Marquesses of Onolzbach [Page 192] and Brandeburg, Frederique and Ioachim, at the same time laid claime to the Honor, and were admitted in solemnitie ad contactum extremitatum Vexilli eiusdem. And in the Concord at Ratisbon touching the Dukedome of Bauiere, vnder Frederique Barbarossa, thus you read. Henricus maior natu (that was Henry Duke of Bauiere the Emperors vncle) Ducatum Baioariae, per VII. Vexilla resignauit, quibus Minori (that was Henrie Duke of Sax [...]nie the Emperors Nephew) traditis, ille duobus Vexillis Marchiam Orientalem (vnderstand that which is now Austria) cum Comitatibus ad eam ex Antiquo pertinentibus reddidit. Exinde de eadem Marchia, cum praedictis Comitatibus, quos tres dicunt, iudicio Principum, Ducatum fecit, eumque non solùm sibi sed & vx [...]ri cum duobus Vexillis tradidit; that is, to Henry, Duke of Bauier, his vncle, to whom the words of the Charter Henric. Stero in Annal. A. M. CLVI. Et in Austria Cuspiniani. were: Wadizlao illustri Duce Boemiae sententiam promulgante, & omnibus Principibus approbantibus, Marchiam Austriae in Ducatum commutauimus, & eundem Ducatum, cum omni iure, praefato patruo nostro Henrico & praenobil [...]ssimae vxori suae Theodorae in beneficium concessimus; perpetuo iure sanctientes, vt ipsi & liberi eorum post eos indifferenter filij & filiae eundem Ducatum Austriae haereditario iure à Regno teneant & possideant. Which was inserted chiefly to expresse what the purpose of both surrenders were, that is, that Austria should not be subiect any more to Bauiere, as, while it had the name of Marquisat, it was. Where, by the way, you see the change of Austria out of a Marquisate Malè igitur de Austriae Ducatus initio Krantzius Wandal. lib. 2. cap. 23. into a Dukedome. Vnder this name it continued (except only the time wherein Formulam, qua in Regnū mutauit Ducatum, habet Petrus de Vineis lib. 6. Epist. 26. Frederique [...]1. had made it a Kingdome, which endur'd not one Dukes whole life) vntill hee that was afterward Emperor Frederique III. (as Munster is autor) vsd the Title of Archduke, continuing in that Imperiall family to this day. Yet the [Page 194] name of Archduke was before in vse, and appli'd to them. Some fetch it from the time of Rodulph 1. whose elder sone Albert was, they say Chytraeus Chronic. Saxon. lib. 12. sub ann. 1274. honor'd with it in a Diet at Norimberg. But among the Ralisponae. Caeterum Otho Imperator (956) Brunonem fratrem suum Archiepiscopum Coloniensem donauit Ducatu Lotharingie, qui se Archiducis titulo inscripsit. Nec ante eum ea vox aut Dignit as, n [...]c in Lotharingia post illum. An Archi ab Episcopo in Ducem transtulit? Et insignia Lotharingie etiamnum Austriaci gerunt. U. Lips. Lonanij lib. 1. cap. 9 prriuiledges giuen to the Duke by him that created the first there, it is found: Si quibusuis imperij Curijs publicis Dux Austriae praesens fuerit vnus de Palatinis Archiducibus est censendus: & nihilominus in consessu & incessu ad latus dextrum Imperij post Electores Principes obtineat primum locum. Where also his Ducall Habit, of that time, is describ'd: Dux Austriae (the words are) Principali indutus, veste supposito Pileo Ducali, Circundato serto Pinnito, baculum habens in manibus, equo insidens, & insuper, more aliorum Principum Imperij, conducere ab Imperio feuda sua debet. And, in the Charter of Frederique the second: Concedimus etiam uostro illustri Principi Duci Austriae, Crucem nostri Diadematis, suo principali pileo sufferendam. That of Archduke is proportionat to the name of [...] (which by some Nicephor. Gregoras Histor. li. 7 testimonie) was giuen hereditarie to the Prince of the Athenian Territorie by Constantine the great. But I doubt much of the reporters credit therin, or rather think he appli'd a name of his own time too farre backe to another age, as hee doth in other. But if you take these Kings of the Empire (of whom in the first book) for a speciall Title, it will follow that this of Duke is not next to the apparant successor. For also when Frederique II. made Austria a Kingdome. He gaue the new King, by the same Charter, power to make a Duke vnder him, that is of Carniolae his Petrus de Vineis l. 6. Epist. 26 words are vt de prouincia Carniole Ducatum, facias immediatè tibi & pro te nobis & successoribus nostris & Imperio responsurum. But I see no difference twixt such a thing and a Duke, but in name. Lithuania or Leitow is calld Magnus Ducatus, and the Duke of it, that is, the King of Poland, Magnus Dux Lithuaniae, because in it also are diuers other Dukedomes, by that [Page 194] name describ'd by such as haue been in that state. Others therein like are by it, as Prussia, Liuonia. What rights royall and euen maiestique Supremacie some Dukedomes haue of the Empire, is best learned V. quae Andreas Knichen in Comm. Iur. Saxonic. cap. 1. verb. Duc. Sax. collegi [...] ad hanc rem. out of Ciuilians, and such as haue handled them in Politique discourses. I meane those of Lorraine, Sauoy, Millan, Florence, Saxonie, and such more: wherof although some are challenged by the See of Rome, Yet I may call them all Imperiall. For, out of the Empire, their Originall was. Touching them I adde only what a most Alciat de sing. Cerlam. cap. 32. learned Ciuilian, of late time, deliuers: Aliqui, (saith hee,) Regali potestate decorati sunt vt Mediolanensis & Pannonniae superioris, quam Austriam vocant, itemque Burgundus. At (que) ideò gentilitijs insignibus Coronam ferre ius illis est. Aliqui non sunt, vt quos Rom. Pontifices in Vmbria, Piceno, alijsque Italiae locis quandoque constituerunt. Hij, cum Pont fici deferre teneantur, nec soluti legihus sint, non Coronam sed Hee takes it (it seems) for a Cap. v. de Birro Meurs. Critic. excercit. 2. lib. 4. cap. 3. Et Pith. Aduers. 1. c. 16. Birrum ostentant. The French commoly affirme Bodin. de Rep. lib. 3. cap. 5. alij. that this or other Dignitie became not otherwise then at will of the King mongst them till vnder the third, that is, the Capetan line which began about DCCCCXC. of Christ. But I cannot assent to them, if they denie any to be before in feudall right of certaine Estate. For the first, that is, the Merouingian line; Gregorie of Tours hath examples, enough to iustifie their Opinion. But, for the Carolin; Was not the Duchie of Normandie giuen in Fee to Rollo by Charles the simple about DCCCC. Whence the succeeding Dukes deriu'd themselues? And the Charter of Charles the Bald, which created (as the common opinion is) Thierry or Theodorique first Count or Earle of Holland (being then as good a title as Duke) thus Ar [...]hiu. Monast. Egmund. apud Ian. Douz. Annal. Holland. 5. speakes: Iubemus vt sicut reliquis possessionibus quibus iure haereditario videtur vti, ita & his nostri Muneris largitate rebus impensis valeat securè omni tempore vitae suae frui ipse & omnis eius posteritas.—Dat [Page 195] A. D. DCCCLXIII. XVII. Kal. Iullas. And although the date in the transcript be corrupted, as the noble Hans Douz thinks, and that it should bee DCCCCXIII. yet it so shall be refer'd to Charles the Simple, and to the second line of their Kings. The Creation likewise of Baldwin firist Earle or Count of Flanders (the name of Count in him being as great as Duke) is refer'd to Charles the Bald and falls about DCCCLXIII. And the ancient hereditarie Counts of Bretagne farre exceed any of these. All which proues those kind of Dignities more anciently feudall amongst them, then the Capetan line. But about that time, first through the weaknesse of the Carolins, and then by example of Hngh Capet Count of Paris which got the Diadem of France, most of those who before were honor'd with the equall titles of Duke or Count for life, extorted or by armes established their Dignities and Territories to themselues and their inh [...]riting posteritie. Yet so, that the more to secure their diuided greatnesse▪ they acknowledged to the King a Supremacie, and did him Homage as for hereditarie and patrimoniall Fiefs. Being, as is said of the Dukes Guil. Gemeticens. lib. 7. cap. 45. & 46. of Normandie, different from the King, in this only that the King did them no homage, as they did to him. But in their Territories, they vsurped all kind of souerainty, as to make laws, Officers of the magistracle, to giue iudgment not subiect to Appeale, leuy militarie forces, Coin monie, take imposts, subsidies, and the like and vsd also a Crown such as in more ancient times the Kings did, that is a Crown Fleurnoee, only differing from what is now a Royall one, in that it was not arch't or close. Such kind of Soueraign Dukes were afterward sometime there created. Thus an ancient Anthoin de la Salle chez Ch. L'Oys. des Gr. sig. ca. 5. §. 48. 49. Autor of that State: Quand le Roy fait vn Duc il le Corone en sa meilleure ville, tout ainsi que luy mesme à este couronnè exceptéd' estre oint. &, for more particular forme of there Crown, the same Autor. Le Duc est [Page 196] inuesty par l'imposition d'un chappeau d' or Ducat, orné desperles. And the Coronation of the Dukes of Bretagne (vntill it became vnited to the Crown) was with all Ceremonie as to a King, except Vnction, as appears in that of Francis I. Duke there in M. CD. XLII. crownd by Bertrand d' Argentre Hist. de Bret. liure. 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, [Page 197] 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 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 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 [Page 198] word Appenage from [...], expressing in the Eastern Sacred. Du Haillan liure 3. Empire, the sacred habitude twixt the Soueraigne and Suz [...]raine. Why might not imitation of their habits bee, as well as of their language? Its more anciciently noted of Charles the 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 Helle [...]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 Coronâ cinctus 1. de Eltham Comes Corn [...]b [...]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 fi [...]ting their heads, not imaginarie only or forma [...]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, [Page 199] 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: 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, ipsúm (que) 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 Botulphi, & quicquid ad Tronagium & Pesagium pertinet, the beginning is, G. Regis H Filius, Dux Britanniae, & Comes Richmundiae, where, it appears, he vsed Dux as different and better then Comes. In England vntill Edward III. from the Norman conquest (of the Saxon times, presently) the greatest Title, next to the Prince. was Count, Comes, now calld Earle. But Edward III. created his sonue and heir Edward the Black Prince, Duke of Cornwall, per 11. Ed. 3. Camdenus. Sertum in capite, Annulum in Digito, & virgam argenteam, which afterward was vsd of gold. Richard the II. inuested Thomas Earle of Notingham with the Dukedom of Norfolk Pat. 21. Rich. 2 & Rot. Parl. 3 Hen. 6. art. 1. per appositionem cappae suo Capiti & traditionem virgae aureae. The Sertum was nothing but the Ducal Crown, as at this day, I think, Fleuronée. For that of the Ring: it is familiar in most ancient story, that the deliuery of a Ring was a signe of Principalitie giuen; as in Pharaohs giuing a Ring to Ioseph; in that of Ahaswerush or Xerxes, [Page 200] reported in Esther, to Haman; in Alexanders doing the like to Perdiccas, which made some Q. Curt. lib. 10 Plutarch. in AAlex. alij. & consulas 1. Maccab. cap. 6. com. 15. de Antiocho. think him the truly designed successor. And, when the two Mahumedans, Alem or Ali, and Muhauias, vpon controuersie for the Dominion of Syria, were contented to submit themselues to the iudgment of the old men; that so the arbitrators might haue a sufficient power iudiciall, they deliuerd to them their Rings [...] (saith my Theophanes ap. Porphyrog. de ad. Rom. Imp. cap. 21. autor) [...]. i. which is a signe of Principalitie among the Hagarens. And Lewes surnamd the Grosse, of France, Filium suum Ludouicum annulo inuestiuit, in part of his Kingdom, as one Suger. Abb. Vit. Lud. Craessi. that writs his life remembers. How a Ring, in the Coronations of Kings, is vsed, the diuers and publisht orders of them shew. Fac nobis reddi Coronam, Annulum & purpuram, Caeterá (que) ad Inuestituram Imperialem pertinentia, are the Helmold. Chron. Slauor. 1. cap. 32. words of those Bishops which came to the Emperor Henry v. to depose him. Of the Ring, we shall haue more occasion to speak anon in another Vbi de iure Annulorum Aur. place. Both Rod and Ring were vsd anciently in Imperiall and Royall inuestitures of Bishopriques, which were proportionat to Counties or Dukedoms, and therefore may be opportunely here rememberd. The great controuerfies about it twixt that Henry v. and Pope Paschal the 11. and at length the same Emperors remitting his right to Calixtus 11. are easily known out of the stories of those times. The custom of the Georgius Phranz. lib. 3. cap. 19. Constantinopolitan Empire was (as for the Staffe) alike. And in this Isle, à multis annis retroactis (saith Iugulph Abbot of Crowland; he liud at the Norman Conquest.) nulla electio praelatorum erat merè libera & Canonica, sed Omnes Dignitates tam Episcoporum quam Abbatum per Annulum & Baculum, Regis Curia pro sua complacentia conferebat. The rod or Pastoralis baculus as they calld it, was vsually kept in the Bishoprique or Monasterie, and at euery new inuestiture deliuerd by the King or other Patron (as the case [Page 101] was) to the new elect. For, the Ita Malmesb. de Gest. Pontific. lib. 3. in Episcop. Lindisfarnensibus & lib. 2. de gest. Reg. cap. 8. ex Archiu. Glascon. Election was in the Clergie, but the confirmation by this means, with staffe or rod or Ring. And therefore, when K. Edgar most liberally gaue new priuiledges to Glastenbury, yet sibi suis (que) haeredibus tribuendi fratri Electo pastoralem Baculum potestatem retinuit. Afterward, Henrie 1. about that same time when Pope Paschal so much opposd it in the Empire, (Anselm Archbishop of Canterburie being a speciall age [...]t herein for the See of Rome) inuestituram Annuli & Baculi indulsit in perpetuum; retento tamen (so saies the Monk of Malmesburie) Electionis & Regalium priuilegio. And De gest. Pontific. lib. 1. de hac re & Turba Monachorum. Concessit Papa, vt Rex homagia de electis acciperet, sed nullum per Baculum & annulum inuestiret. In report whereof all our Stories consent. Which makes me suspect this relation in Matthew Paris. A. D. M. C. XIII. Rex Henricus dedit Archiepiscopatum Cantuariensem Rodulpho Londoniensi Episcopo, & illum per Annulum & Pastoralem Baculum inuestiuit. This Rodulph or Ralph was successor to Anselm, but was not Bishop of London, but of Rochester. Neither do the more ancient Stories of Florence, Houeden, Huntingdon, Malmesbury, and the like speak of this kind of inuestiture to him. Matthew of Westminster follows the words of Paris; only he hath in him, misprinted Richardo for Rodulpho. But, after that remission by the King, its not likely he would so soon vse the ceremonie about which so much difference and controuersie had been. Neither would the See of Rome haue bin so silent vpon such a Haeresis de Inuestitura, eo aeuo nonnullis dicta. Goffrid. Abbas Vindocinens. Opuscul. tract. [...]. v. Anselm. Epist. 12. & Iuonem Carnot. Epist. 257. fact, as, at that time specially, it so much impugned. But long after when England discharged it self of that Romish yoake, this liberty of collation and inuestiture (but not with these ceremonies) was resnmd to the Crown by act of Parliament, Stat. 1. Ed. 6. cap. 2. quod rescidit Parliamentum 1. Mar. Sess. 2. cap. 2. quod etiam caput Mariae refixit Parliam. 1. Iacob. Sess. 1. cap. 25. constituting that without any Conge d'Eslier the King might bestow Archbishopriques and Bishopriques by his letters Patents, which should bee to all intents and purposes [Page 206] as though Conge d'eslier had been giuen, the election duely made and the same confirmed. This was vnder Edward VI. and repealed by Q. Marie, whose act of Repeale stands now also repealed. But this out of the way. How those Ceremonies, belong to Bishops now, especially of the Roman Church, you may best learn from Durant. de Ritib. Eccles. 2. cap. 9. aly. Writers whose direct purpose is of things of that matter. Yet some creations of the time of Edward III. haue nothing of the Rod. When Iohn of Gaunt was made Duke of Lancaster in Parliament, the King ceincta (as the Rot. Pal. 36. Ed. 3. membr. 4. Roll speaks) son dit filz Iohan d'un Espeie & mist sur sa eeste vn Cappe furre & disus vn Cercle d' or de peres & luy nosma & fist Duc de Lancastre. Here is the Cap the Crown, the Sword; but no Rod. Vnder Rihard II. Parl. 9. R'ch. 2. memb. 5. art. 15. Thomas Duke of Glocester is inuested in Parliament p [...]r Gladij cincturam & Pilei & circuli aurei impositionem, and a Charter deliuered him; and diuers others like occurre in the Rols. But the Charters of Creation of them of later times are Nomen &c. & Dignitatem Ducis N. damus & concedimus atque per Gladij cincturam, Cappae & Circuli aurei impositionem in Capite, & Traditionem virgae aureae realiter investimus. Where the Ring, as also in more ancient times, is omitted; and the Sword, Cap, and Coronet rememberd. But long before Edward the III. the name of Dux is in our stories and ancient Charters. Yet hardly twixt him and the Norman Conquest. It seems it was the rather abstaind from in that time, because the Conquerors title in Normandie, whence he came, was at the best no greater. But in the Saxon Raign it is very frequent. In a Charter of K. Edgar, to the Abbey Ingulphus. of Crowland dated DCCCC. LXVI. is subscription of witnesses after the Bishops Abbots and Abbesses, (but the precedence is not alwayes obserud) thus: Ego Orgarus Dux constitui ✚. Ego Ailwnius Dux constabiliui. ✚ Ego Oslacus Dux affui ✚. Ego Alferus [Page 207] Dux interfui ✚. Ego Elphegus Dux audiui ✚. and according to this are a multitude of Charters of those times; some of them hauing also their Prouinces annext to their names, as in another of the same yeare and King: Ego Ordgarus Dux Doneuoniae consignaui ✚. Ego L. Elfegus. Elfegus Southamtoniensis Dux consensi ✚. and a writer that liu'd Ethelwerd. lib. 3. cap. 2. & v. Eundem lib. 4. ca. 2. Hengistus dicitur primus Cōsul & Dux qui de Germania fuerat genti [...] Anglorum. in those times tells of one Hun Dux Prouinciae Sumorsetum, slaine in a battell twixt Egbert K. of Westsaxonie, and Beornulph K. of Mercland, and buried at Winchester. This was proper to them which next vnder Supremacie Royall, had the gouernment of Prouinces. You may see it specially in the Example of the Northumberland Dukes beginning in Otha brother to Hengist, They, although very great in power, yet for almost a hundred yeares would not assume the name of King but Duke. Of them, this Will. of Malmesburie. Annis vno minus Centum Northanimibri Duces communi habitu Contenti, sub Imperio Cantuaritarum privati agebant; sed non postea stetit haec ambitionis continentia, seu quia semper in deteriora decliui est humanus animus seu quod gens illa naturaliter inflatiores anhelat spiritus. Anno itaque Dominicae Incarnationis DLXVII. post mortem Hengisti LX. Ducatus in Regnum est muta. tus, regnauitque ibi primus Ida, haud dubie Nobilissimus, aetate & viribus integer; verum vtrum ipsi pro se Principatum invaserit, an aliorum consensu delatum susceperit parùm definio, quia veritas est in abdito. Yet in the Latine stories you cannot make sufficient distinction twixt their Dux and Comes and Consul and V. Alcuin. Epist. 2. & titulum Ethclwerdi, qui nempe Saxonicam conscripsit historiam. Patricius all which, I doubt not, are sometime vsd for the same Dignitie or Office: But I am resolu'd that the Dukes, or chiefest Princes were in the Saxon idiom known by the name of Eorles, which is our very word Earles. Their Archbishops and Earles were in the same rank of worth; their Bishops and Ealdormannes (Aldermen) in another. Testimonie, beyond [Page 204] exception, proues it. In the Lawes of Leg. Athelstani cap. Be westum. those times
- Archbishops and Earles Wergild is 15000. Thyrmsas. Bishops & Aldermens. 8000.AErcebisceopes & Eorles waergild biþ xv. M. ðrimsa.
- Bisceoþs & Ealdormannes VIII. M.
So Archbishops and Ethelings (of this word, before in the first Chapter) are in another Canut leg. cap. 55. law of that age ioin'd, and Ealdormannes & Leodbisceopes i. Aldermen and Provinciall inferior Bishops. But, that you may vnderstand the transcribed Saxon Law; Weregild among them was, as the Ciuilians Aestimatio Capitis or a mans worth which in that age, was paid as the price of Death or other Faults, and had its originall from ancient manners of those people, whence the English came (the Germans) among whom (as Tacitus of them, then) luitur etiam homicidium certo armentorum ac pecorum numero, recipitque satisfactionem vniuersa Domus. Neither doth the expressing of so many Thrymsas (a Thrymsa Leg. Aleman. cap. 6. was a third part of their shilling; not three shillings, as some much mistake) differ from Tacitus his relation of a cer. taine number of Beasts. Read his old Law of the Lex. Saxonum cap. 64. & ad hanc rem consulas Leg. Ripuariorum c. 37. art. 12. Saxons. Solidus est Duplex. Vnus habet duos Tremisses (i. Thrymses) qui est Bos anniculus XII. mensium, vel Ouis cum agno. Alter solidus tres semisses (I read tres tremisses) id est [...]os XVI. mensium. Maiori solido aliae compositiones, Minori homicidia componuutur. This Wergeld or Werigeld is often met with in the Salique laws, those of Childebert and Clothar of the Ripuarians, and such more. And in Regiam Maiestat. li. 4. ca. 19. & priuilegium Macduffi familiae a Malcolmo III. indultum v. apud Buchanan de reb. Scotic. lib. 7. & de Cro Scotorum videsis Reg. Maiestat. 4. cap. 24. & 36. & 40. laws publisht vnder Dauid I. of Scotland; De vnoquoque fure per totam Scotiam est Wergelt XXX. Vaccae & vna iuvenca, siue fuerit liber homo siue seruus. And, that the ancient punishments, in the Roman state also consisted chiefly in Sext. Pompeius verb. Ouibus. Agell. Noct. At [...]ic. lib. II. cap. I. alij. mulcts of Oxen and Sheep, cannot bee vnknown to any obseruer [Page 205] of their Antiquities. But it is here plaine taht an Earle of those times was neer of double estimation to their Alderman. Of the Alderman, more anon. Neyther is it more to bee doubted, but that no name properly can so fit the Latine Dux in their Charters and stories as Eorle. But how it became since with vs only for Count or Comes, with its signification, shall, in due place, bee manifested. In Scotland some affirme that rhe Title of Duke amongst others, began vnder Malcolm II. about m. XX. of Christ. If they mean that it was then indistinctly also vsd with Comes, you may beleeu them. But the first occurrence, that I haue obseru'd of it in their Monuments, is in Parliament of XI. of Robert III. at Scone, ibidem vocatis, more solito, Episcopis, Prioribus, Ducibus, Comitibus, Baronibus, libre tenentibus & Burgensibus qui de Domino nostro Rege tenent in Capite. This was in the yeer m. CD. and its iudiciously deliuer'd that this Robert III. some II. yeares before, by creating his sonne Prince Dauid Duke of Rothsay, first brought this great note of distinct honor into that Kingdome. At the same time hee inuested his brother Robert with Title of Dux Albaniae. Maruell not, that his own and his brothers name were both Robert. His, at his b [...]ptisme, was Iohn. But at his taking the Royall gouernment, either for the vnluckines of the one name in the French and English, or for the good which accompanied the other in his own predecessors, changd himselfe out of Iohn into Robert. The first Duke in Castile (as is Esteuan de Garibay lib. 15. cap. 27. & 54. g Circa m. CCC. LXX. affirm'd) was Frederique bastard sonne to g Henry II. of Castile, by him created Duke of Benauente. And Iohn successor to this Henry made his second sonne Ferdinand Prince of Lara, Duke of Pennafiel. Ferdinando minori Regis filio (saith Mariana) [...]ui Lara Principatus erat, oppidum Pennafielis additum, Ducis nomine. Corona Capiti imposita, nullis extantibus Floribus; [Page 202] quod Collatae dignitatis insigne erat: tametsi nostra aetate non Duces sed Comites etiam Coronam clypeis adijciunt Regis haud absimilem. But their Ducall Crown now is, as in England, fleuronee (so was that of Ferdinando, saith Stephen of Garibay) and as a Kings, not archt, but that only the flowers are lesse and so euen que vna no suba mas que otra, as Esteuan de Garibay's words are i. that one bee not higher then another. And the ancient Dukes might weare it aswell on their heads, as Armories; and had diuers such prerogatiues euen Royall, when they were all of Royall bloud. But for the most part, now cessing to bee so, most of their prerogatiues also cesse, saith Garibay, at least in the Kingdomes of Castile. In ancient time there, aswell as in other places, this Dignitie was only for life. And to this day (my autor is De Reb. Hispan. lib. 8, cap. 2. Mariana) the steps of that Estate are in the Spanish Nobilitie. For none of them Duke, Marquesse or Count, vse their titles after death of their Ancestors, but Rege denuò annuente, vnlesse some few such families only as by the Kings speciall grant may doe otherwise. Which, although here noted, as many other things in this, Chapter, is appli'd to some Titles hereafter to bee spoken of. The Pragmatica ordains that none whatsoeuer shall haue the Title of Excellent or Excellencie. But that the the Grands (all Dukes mongst them are Grands, and some Marquesses and Counts) or such as may stand couered before the King shall bee honord with Vu [...]stra Sennoria i. your Lordship. And that in superscriptions to any Duke, Marquesse, or Count the place denominating his dignitie shall to it be added. To speake here of particular Dukedomes their rights, Regalties, and such like were from our purpose. Wee haue alreadie rememberd that il Gran Duca di Toscana the Duke of Florence had his Crown radiant and that Title of Gran Duca by speciall indulgence from Pius Qnintus, [Page 203] who inscribd Cicarella in Vit. Pontific. his gift with, Pius V. Pontifex Max. ob eximiam Dilectionem ac Catholicae Religionis Zelum praecipuumque Iustitiae studium donauit. There is a par [...]icular forme of Creation instituted by Paul II. which for the length, and because most of the differing Ceremonies are as proper to that Church, I omit. But there is no Crown but a Cap only (Biretum) and a Scepter. Yet what the Reporter Marcell. cor [...] grens. Sa. Oerem. I. Iust. 7. adds for his difference of Dukes, I think may bee worth obseruation. Et haec quidem (saith he) seruantur, si Dux est Magnae Nobilitatis & Potentiae vt fuit Tempore Domini Pauli PP. II. Borsus Ferrariae. Si verò esset Mediocris potentiae vt fuit Tempore D. Sixti PP. IV. (to this Pope this autor was a kind of Master of the Ceremonies) Fredericus Dux Vrbini, omnia seruantur, nisi quod non duceretur à Cardinalibus, sed à duobus assistentibus Papae principalibus, & sederet vltimus post omnes Cardinales, in Banco Diaconorum & eundo incederet solus post Crucem ante omnes Cardinales. Quod si adhuc esset inferior, tunc omnia alia seruarentur, nisi quod non daretur ei sceptrum, neque sederet in banco Cardinalium, sed ad pedes Papae in supremo gradu, & eundo incederet ante Crucem post Oratores & alios Principes. here you see his triple distinction of them; and others haue them by Maiores and Minores Duces, wherupon saith the learned De Coronis lib. 9. cap. 22. Paschalius, that the Maiores omnes vnius ordinis esse Censentur, omnes propemodum suspiciuntur vt Reges, longeque antistant illis quos voco Minores. Neyther can any not see much difference twixt those of Florence, Ferrara, Sauoy, Lorrain, Saxonie. Brunswic, and such more (which mongst them also differently haue so many imperiall rights) and the French of late time, English, Scotish, and Spanish Dukes which are all Seignieurs Suzerains subiect Lords, and many of them possessing their denominating Territorie in Tit'e only, not in gouernment. Yet Charles L'oyseau idly [Page 208] minseth his difference to small, where he makes our English Dukes to bee a degree by themselues, & qui ne sont qu' a vie come Officiers. What Dukes he means with vs, I know not. But all men may know that since Edward III. the Title hath been Honorary and Hereditarie. Nor doth that frequent name of Duke occurring in Genes. XXXVI. belong to this place. The word in the holy tongue is [...] which the Paraphrases of Onkolos and Ionathan turne [...]; both signifying a Lord, Prince, or great Ruler, and the Rabbi S. Iarchi in Genes.; 6. Com. 15. Ebrewes interpret them there [...] i. Heads of families or Kinreds, although Alloph may serue also to expresse any great dignitie vnder a King. The Rabbins say that [...] i. Euery Alluph is a Kingdom without a Crown, which Elias interprets, that euery King not crownd is [...] Dux. i. a Duke. The Germans call them Hertzogen, and Hertochen (whence the Hertochij, in that vnder the name of the Confessors laws) both signifying Dux, as he is exercitui praefectus. Remember what is in the first booke of the Duke of Moscouie, for a Duke vncrowned, yet supreme Prince.
Ducis Limitanei. Marquesses, whence the name. Marque. [...] in old Gaulish. Marcheta Mulieris the Brides maidenhead. Mareshall. vsuall application of names of a later age to antique relations, by old English Poets. The deriuation of Marquesse a mari, idle. [...]. How in one man Duke, Count, and Marquesse was anciently often exprest. The beginning of the name of this Dignitie in the Empire. Markgraue. Marchio Burgundiae, and Normanniae. His inuestiture by a Ring. His Coronet. Presedence in France. Alciat's admonition in point of Presedence. Marchiones in England. Iohn of Sarisburie corrected. Snowdon. Controuersie twixt [Page 209] the Lords Marchers and the Barons of the Cinque Ports, about bearing the Canopie. Earle of March. First Marquesse in England. How the Nobilitie lik't the Creation of Robert of Vere. Richard I [...]. expressely made it a Dignitie twixt Duke and Count. Iohn of Beaufort's refusing the Title, as too New. His Coronet, here. First Marquesse in Scotland, Iohn Hamilton. First in Spaine, when made, and who. His Coronet and prerogatiues there.
CHAP. III.
OF Dux, Dux limitis, and Comes, as they were anciently about the declining Empire, it is sufficiently disputed in the next Chapter before. And of their equalitie of Office and Dignitie; as also how from Dux came the now Honorary title of Duke. From no other Originall is the name of MARQVESSE to be deriud. For such as were constituted Gouernors of Prouinces bordering on som other State or the Sea (whence also easier inuasions might bee feared) had the name of C. tit de Venat. Ferar. l. vnic. & Constit. Theodos. & Val. edit. a Pith. tit. 29. Duces Limitanei or Limitum in Latin, and, from the old Dutch or French, in later time, Mar [...]graues, or Marquesses. For in that tongue, as at this day, Borders, Frontiers, limits, or bounds were calld Marques or Marches. Quotiens (saith my Boiar. leg. tit. de Term. Rupt. art. 8. autor) de Commarchanis contentio nascitur &c. i. as often as controuersie rises touchching Boundaries. And, in the French Annals, one speaking of Carloman: Expulit Duces quibus custodia commissa c Anonym. sub anno 861. erat Pannonici limitis & Cartani, at (que), per suos, Marcam ordinauit. Hence the ancient Marquesse of Austria, is calld Ditmar. Chronic. lib. 7. Marcha inter Vngarios & Bauarios. So Normandie was Sugerius Abb. vitâ Ludouici Crassi. Margus Regni, and Normanniae Marchia. The reason of the name any man knows, that [Page 210] knows how it lies. In the Testament of Charles the Great, Marcae is vsd for Frontiers, and in writings of those times Marca Hispanica, Marca Britannica, and such like infinit occurre. And Adreuald. Floriac. de Mirac. S. Ben. cap. 33. Marchisi Britannici limitis. Marchiser in French being at this day to Border or adioyne to. Hence the names of Danmarch, and (as som haue thought) our Mercia or Mercland in the Saxon Heptarchie; and the lawes of Marque, or Reprisales. Some great men haue Alciat. de Singul. Certam. cap. 32. deriud it from Mare or Marc i. a Horse; as if it should be in Latin Magister equitum or a Generall ouer the Gensdarmerie of Horsemen. Its true that among the old Gaules the word [...] Pausanias Phocic. lib 10. Marc signified a Horse, as also in March. leg. Boiar. tit. de Vitios. animali art. 11. old French, and British or Welsh; wee and the present Dutch retaining still for one Sex the word Mare. Hence some will the Marcheta Mulieris in Scotland, i. (from an obscene vse of equitare) the first night, or Maidenhead of the Bride, which by a law of Euen III. King of Scotland was allowd to the King and other Lords at the marriage of their Tenants daughters, and afterward by Malcolm III. at request of his Queen, turnd into a summe of V post Hectorem Boetium lib. 3. Regiam Maiest. lib. 4. cap. 31. & de Marcheta apud Nos, consulas Henric. de Bract lib. 4. de Assiss. N. Diss. cap. 28. §. 5. monie, yet remaining among their laws. But also with vs in a Natiuo habendo the Esplees is laid, among other, in Marcheta pro filiabus suis maritandis; perhaps hauing like cause of name, although not the same ground of Law. But in Scotland it extends to all Conditions as well Noble as other. And from the old vse of this Marc or Mare, must you deriue Mareshall i. (as most say) Mare-schalch, which literally is as much as Equi or Equorum praefectus i. Master of the Horse. Which, without question, is the true etymologie of the great office of Mareshall ioind anciently in England with the Constable (i. Comes stabuli) in their iudicious place of the Court of Chiualrie. But to iustifie also, that Marquesse is hence, one produces a piece of an old Romant, thus speaking of Paris his companie, in his embarquement for Helen;
And thinks that the autor would not absurdly by Marchis mean such as are mongst vs feudatarie Marquesses; but that he vsd it for Horsemen; which in later time was applied to this Dignitie. Surely there was no necessitie that hee should vse the name for the one or the other, but generally for a Souldier, because indeed the old Marquesses had in their Prouinces Martiall gouernment. Or if hee did vse it for Horsemen, as perhaps hee might, what consequence is there that thence this Honorary title should haue its deduction. But howsoeuer, he knows nothing of the old Monkish Rimes and Romants, that knows not how vsually they abusd words of Titles, Dignities, and state of their own age, by application of them to Countries and Times where and when they were not. What doth Dan Lidgat the Monk of Bury mean, when in the destruction of Thebes, he saies that King Adrastus
It must, in charitie, be thought that none of his Readers are so blockish as to beleeu that the Titles of Dukes, Earles, and Barons, were in Greece. Much, of that nature, is in Robert of Glocester, Chaucer, Gower, and, elswhere, [Page 212] in Lidgat. The Constit. Feud. lib: 2. tit. Quis dicatur. & Marchiani dicuntur Petro de Vincis lib. 2. Epist. 15. Imperiall Laws thus: Qui de Marchia inuestitus est Marchio dicitur. Dicitur autem Marchia, quia Marcha &, vt plurimum, iuxta Mare sit posita. Its certain iudeed that many of the Imperial Marquisats are in a maritime coast, yet plainly had their names from being Land-marches of the State, and not from their maritime situation. For although the Marca Anconitana, Taruisana, of Ferrara, in Italy, as also the Marquisat of the holy Empire in Brabant, the Marcha Normannica, and Britannica in France, are maritime, yet Misnia and Lusatia, Brandeburg, Morauia, Austria, Susa in Sauoy, all vnder the name of Marquisats, and then instituted when the Title had a reall deduction from the Prouinces, are inland Countries. When Charles the great had a designe of Warre against the Saxons, he sent for all his forces in Guienne, and commanded them thence, Adhdemar. in vita Ludouic. Pij. relictis tantùm Marchionibus qui fines Regni tenentes, omnes, si fortè ingruerent, hostium arcerent incursus. Plainly the defending of the Marches interprets their name. Another very Helmold. Chron. Slauor. 1. cap. 8. ancient, of the Emperor Henry I. (hee raignd in DCCCCXX. of Christ) that after his victories against Worm King of Danmarch, he apud Sleswich, quae nunc De isto oppido consulas Ethelword lib. 1. pag. 474. & Malmesb. de gest. Reg. 2. cap. 2 cui E [...]theisi, & Hurtheby (Librariorum incuriâ) dicitur. Heidebo dicitur, regni terminos ponens ibi & Marchionem statuit & Saxonum Coloniam habitare praecepit And Maiores nostri (saith Annal. Boior. 6. & 4. Auentin) vnumquod (que) regnum quo citeriora eius tutiora forent, iuxta Cardines Coeli, in limites, quibus praefectos, cum praesidijs Militum, Equitum imposuere, diuiserunt: illos Marchas, hos Marchigraphos appellant. The later Grecians, from the Italian Marchese, call it [...]. The Lady Anna Comnena names Tancred [...], where the very Italian is. And one Nicephorus Greg. histor. 7. of them, I know not why, saies it signifies [...]. i. The Kings Standardbearer. They might well bee deceiud in this Western name, as in others they vsually are. The ancientest testimonie, which I haue obserud of the name, is [Page 213] about Charles the Great. In his Ap. Goldast. Constit. Imp. tom. 2. & in Capitulari Carol. Magni cap. 5. Constitution De legia Imperij Transalpini sede tenenda, are reckond Duces & Marchiones; and in other writings of that age. Therefore is he much deceiud that Krantz. in Wandalic. 3. cap. 16. & Saxon. 3. cap. 9. saies the first mention of Marchio, is in that of Henry I. Emperor, at Sleswic; and perhaps as faulty, in that he interprets Marquisat by Districtum vnius Villicationis aut Ditionis, because the Territories of Villages or Towns (he saies) the Dutch call Ueltmarcks. I doubt not but that Marck there also is originally, as before we haue deliuered. But, as wee haue alreadie shewd of Dux and Comes Primi ordinis, so, of them both and Marqueste, you must remember, that all three, and that after the French Empire, were d [...]stinctions of Name more then Dignity. They concurd euen in one man. For the Roman times, all three are plainly exprest in Sidon. Apollinar. Panegyric. Anthemio. this:
For the French: vnder the Emperor Lewes II. Trachulfus (saith an Anonym. Annal. Franc. edit. à Pithoeo. sub anno 873. Ancient) Comes & Dux Sorabici limitis, mense Augusto defunctus est. Comes, & Dux limitis, euery man may see, included, Duke Count, and Marquesse. Diuers such testimonies you shall meet with. But when other titles in the German Empire vnder Otho I. were by feudall right made hereditary and Honorarie, this also among them, had the same Change, being before, with them, for life. And the Feudall Marquisats of Lusatia, Brandeburg, Brabant (that they calld Of the holy Empire) were, about that time, created. In their Language they name them Markgraues, i. Comites Limitanei, or gouernors of the Frontiers, and thence their Monks made their Latine Marggrauius-Obijt (saith In Annal. Dominic. Celmariens. sub Anno 1291. one) Marggrauius de Missen; speaking [Page 214] of Frederique Marquesse of Misnia. The solemnity of Creating them (as of Dukes) in the Empire anciently was by deliuery of one or more Banners, as, in the example of Austria, is remembred, where we speak of Dukes. When this Title became first distinct in France, I know not. But there also the Count of Burgundy is anciently Frodoard. Chronic. sub An. 921. calld Marchio Burgundiae; and Richard Duke of Normandie (twixt whom and our King Ethelred Pope Iohn XV. desired to make a peacefull composition, & sent Leo Archbishop of Triers into England with letters of credence) in the Epist. Ioh. Papae dat. Rothomagi 991. apud Malmesbur. de gest. Regum l. 2. c. 10 same letters is only titled Richardus Marchio. So an old Lips. Louan. 1. cap. 12. An. 1138. Charter; Godefridus Dei Miseratione Dux & Marchio Lotharingiae, Comes Louanij, &c. An ancient Autor Anthonie de la Salle chez L [...]oyseau des serg. cap. 5. of that Country, says the Marquesse, Est inuesty auec vn anneau de Ruby. But the Ring is now turnd into a Crown or Coronet, which they call m [...]slée, mixt, that is, part Fleuronée, and part perlée, because the Marquesse is as it were, participating of both, twixt Duke and Count. Yet they haue by a distinction giuen presedence to some ancient Counts before some ancient Marquesses: as to Counts of whole Prouinces, before Marquesses of only Frontier Towns, and, to those Marquesses, before other Counts or Gouernours of Towns; Nay, and some haue disputed and deliuerd that the Title of Count there generally is before Marquesse, and indeed the Marquesse of Iulliers Froissart. Volum. 1. fueill. 24. was (as for addition of honor) made Count, by the Emperor Lewes of Bauiere. Yet a late Autor, Charles L'oyseau is confident, that (in regard all the ancient Duchies and Counties, which were entire Prouinces, are reunited to the Crown, and that those of later time are but of such parts as it hath pleasd the King to giue, and vnder such limitations) the name of Marquesse there is generally before Couut. But for this and the like, remember that of the famous and learned Alciat: Cum in Boijs (saith he) & Liguribus plerique [Page 215] sint Marchionis siue Baronis titulum sibi arrogantes, vitae genere moribus (que) ab Agrestibus parùm differentes, Hos pro Ignobilibus habendos existimauerim, sod omnino hac in re multum consuetudini tribuendum, quae plerunque non eadem vbi (que) est. Quapropter, in Gallia, Marchionibus praeferuntur Comites. Plurimùm verò Principalis ipsa concessio pollet. Siquidem omnes Dignitates ex supremi ipsius Principis arbitrio pendent, qui, si velit, ea dignitate ornare Baronem potest, vt Comitibus anteponatur, nihil (que) eam vulgarem sententiam facere, qua tradiderunt aliqui, Comitem esse qui decem Marchionibus, Marchionem qui Decem Baronibus, Baronem qui decem Capitaneis praesit. In England, as a Dignitie Honoratie it hath not been of great antiquitie. But, for the name: one that Ioan. Sarisburiens. de Nugis Curial. lib. 6. cap. 16. wrote vnder Henry II. complaining of Cowardise in the English, vses the storie of those wiues and mothers of the Persian armie put to flight by the Medes, which came all running to meet their sonnes and husbands, beseeching them valiantly to renew the field, and finding them faint hearted, sublatâ veste (as Iustin's words are, transcrib'd by this Autor) obscoena corporis ostendunt, rogantes Non vini, vt malè codex meus typis excusus. num in vteros Matrum vel Vxorum velint refugere: The armie, for very shame, retired, stoutly fought, and had the day; and then he addes, Vtinam sic faciant Vxores & Matres nostrorum Marchionum, quacun (que) occasione patriam seruent incolumem, & labem pudoris amoueant. But he means the ancient Lords Marchers of Wales, in the same place speaking of Welsh irruptions. Niu [...] 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 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 [Page 216] Marchia, de terris in Marchia vbi breuia Domini Regis non currunt. They were expresly calld Marchionis 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 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 [Page 217] 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 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 Patent. 15. Edward. 4. per Cincturam Gladij & Cappae honoris & Dignitatis impositionem; and in that of Henry VIII. his 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 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 [Page 218] 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 [Page 219] 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 Countie. The copie of a Record to that purpose. Earls of Towns and Cities. The speciall Dignitie of the Earldom of Arundell by reason of the Possession of the Castle. An answer of the Iudges in Parliament vpon interpretation of an Act touching the Earl of Arundell. Ceremony of their Creation anciently here, Girding with the Sword. The Antiquitie of that girding with a Sword in giuing the Comitiua. Bracton's description of Earls. Creations vnder Ed. III. and Rich. II. Their Coronets. Their Coronet, vsd before wee had any Dukes, Ducal. The Ceremonie exprest in the Charter at this day. When at this day only a Charter makes them. Praecomes Angliae. Earls of Scotland. First Count in Castile. The ancient Ceremonies (much differing from other places) in creation of a Count, there.
CHAP. IV.
COunt or Comes (which wee now call EARLE) is, in notation of the word, only as much as a Follower, in that kind as we now vse follower for such as are attendant about Great men; and as the Ciuilians call him Comes Matronae, which mans a Gentlewoman in the street, and giue an ff. de iniurijs l. 1. Eclog. Basilic. lib. 60. tit. [...]. action of the case, for wrong done against hir worth, if hir waiting man (the Greek call him [...]) be taken from her. And after that the honorarie Comitiua, with its diuersitie of Ranks, began vnder Constantine (which is already shewd) euery great man in place about the Court, or substituted in Prouinces, if withall hee were partaker of that Dignity, was titled Comes, with some other addition of his place [Page 220] or office: and the name succeeded in roome of Praefectus, Rector, and the like. Comes sacrarum largitionum, for the Praefectus aerario, Comes Officiorum for Magister Officiorum, Comes Prouinciae for Rector Prouinciae, and such more are frequent in the stories of the declining Empire, both the Codes, old Inscriptions, and the Authentiques: which if the most learned Ludouicus Uiues had rememberd, he would not haue made so strange of that passage in De Ciuit. Dei lib. 5. cap. 6. S. Augustine, concerning one of his Twinns, thus conceiud; Ille in Officio Comitis militat & à sua domo penè semper peregrinatur. And afterward Comes Cassiodor. Var. lib. 7 form. 14. & Lips. de Magnit. Roman. 3. cap. 10. Romanus was he that had the care committed for seeing to the statues of Gold and Siluer dedicated to Gods and Princes in publique. Hence was the Court namd Comitatus, and the Gard Legiones L. contra C. de re Militari. Comitatenses. And those of the Priuy Councell Comites Consistoriani, v. Cuiaciū Obseruat. 7. cap. 13. Cod. lib. 12. tit. 10. et Cassiodor. 6. form. 12. which were not (without speciall grant) of the first rank, if I vnderstand Cassidore. Of those of the first rank, and of the second (which in the Roman Empire, were Comites C. Theodos. tit. Ne Com. & Trib. lau. praest. l. 1. & 2. inferiores and minores) enough before; and of their creations by the Codicilli honorarij. Neither is their origination in being Feudall otherwise to be deriud, either in France or in the Empire, then is alreadie deliuerd of them and their Equals, ancient Dukes. But more to explane that equality, euen in Dignities of these times, you see that as some Duchies haue vnder them diuers Counties; as in France specially, Burgundie, Guienne, Aruerne, Burbon, Berrie, and others; so also, in some Counties, haue you inferior Counties, as, vnder the Countie of Tholouse VI. And som vnder Artois. And XIII. vnder the Palatinat of Champagne, whereupon, aduertendum est, saith a Chassan. Cat. Glor. M. part. 5. consid. 46. Lawier, quod hic Comitatus pottus deberet dici Ducatus, quam Comitatus, quoniam sub se habet decem & vltra Comitatus. So, in the Franche Comté of Burgundie, are diuers Counties. But, to define a certain number of them fit for a [Page 221] complet Dukedome, as is before toucht, is without warrant, although diuers and later Lawiers dare do it. Som will XII. some IV. some X. keeping the like number of inferiors to euery Dignitie. But nothing more idle. If then, alike soueraignty and gouernement be in those Counts and Dukes, what difference of Dignitie is there? especially when both their Titles are grounded vpon continuance from that time wherein the Names were so confounded. Other examples are of the same nature in the Empire. Therefore, as this was a Title next succeeding in rank to a Duke, it must be applied to, and vnderstood of the inferior kind of Counts (I mean in those places where both sorts were) although alwaies the ennobling power of the Soueraign is here and in the like, to be chiefly regarded. How their Prouince was anciently giuen, is rememberd in the [...]. chapter out of Otho of Frisinghen. For that is indifferently to be referd to Dukes, Marquesses, and Counts. He that was a Count, vnder a Duke, or Index fiscalis is known by the name of Grafio in the old laws of the Ripuarians, where cap. LV. art. I. the title being, De eo qui Grafionem interfecerit. The text is, Si quis Iudicem Fiscalem, quem Comitem vocant, interfecerit. And, as the inferior kind of Counts were stil'd oftentimes Comites in ancient storie, as well as they of the first rank, and which were, as I may say, Ducal. So in the Dutch or Teutoni (que) idiom they were both, by communitie of name, confounded, yet, by some addition, distinguisht. As this Grafio coming into Latine from Graffe or Graue in that language, exprest a Count or Gouernor vnder a Duke, and also the first sort of Counts differing not in rights of soueraintie from a Duke. Thence are the names of Landtgraue (i. Comes Prouincialis) Pfaltzgraue (i. Comes Palatinus) Marligraue (i. Comes Limitaneus) for Marquesse, and the like applied to such in the German Empire which, only excepted their kind [Page 222] of acknowledgment of Soueraintie, haue all Royalties: and Vet. Formul. edit. à Bignon. cap 7. Grafia thence signified a Countie. For the etymon of the word, Quidam, saith Louany lib. 1. cap. 10. Lipsius, à Canicie vocem petunt, quia Seniores in hoc munere, alij à fossis quia ad Limites; ego malim, graecissante voce, quasi Graphiones dictos & quia rara tunc inter Barbaros peritia scribendi, Iudicibus vsurpata. But I think cleerly [...] hath not to do with it. Nor is the Element G any radicall in the word. Graue or Greue is from gereue, where Ge originally hath no more place then in gemote for mote. So that the word should be Reue had not custom took ge into it. And Reue or Reeu is praepositus. Their Burggraues haue hence the name and from Burgh or Burrough, as in our language. But Metropol. lib. 6 cap. 22. Crantzius doubts much how they are in Dignitie to Counts; whether before or vnder them. According to their Territories and Roialties, that must be iudged, although they differ not generally. For Burggraue is a Count of a Burrough or City, as Landtgraue, of a Prouince. In the later Eastern Empire [...] and [...] (from the Italian Conte) is vsually for a Count. But in Letters sent from Ioachim Patriarch of Alexandria to a German Count, hee is calld Crus. Turcograec. lib. 3. [...] from Graue or Graffe. They had their Counts, whereof before. But such as in more ancient ancient times were there known by that name about the Court, were lately turnd into [...] and [...]; the name of Count chiefly comprehending those which were vnder the Great Duke, Gouernor of the Marine forces: mongst whom one was C [...]rop [...]lat. [...]. [...]. i. the first or chief Count. But, they were all Officiciarie more then Honorarie. For France: an old Anthonie de la salle Chez L'Oyseau. cap. 5. autor; Le Comte est inuesty auec vn anneau de Diamant. Which agrees wi [...]h that of Withur, Count of Bretagne, constituted by Childebert, in his speech to Paule afterward Bishop of Leon. Praedictum, saith Vita Paul. Leonensis Biblioth. F'oriacens. he, Regem vbi [Page 223] adieris, literas annulo ipsius, quem mihi à se discedenti donauit, signatas quasi tecum portabis, ei mox praebebis. Yet at this day they beare Coronets; but onely on their Armories. Of a Counts Coronet, L'oyseau thus. Celle des Comtes est perlée, c'est à dire, que le desus du diadem ou Bandeau est fait de Perles, sans ascuns fleurons eminents. In England, vnder the Saxons, were diuers which subscribe in old Charters by the name of Comites. For one example, out of infinit; in a Charter of Beored, King of Mercland, made in DCCCLX. to the Abbey of Crowland, the subscription is, after Bishops and Abbots: Ego Ethelredus Rex West-Saxoniae assensum praebui ✚. Ego Alfredus frater Regis Westsaxoniae censensi ✚. Ego Edmundus Rex Estangliae procuraui ✚. Ego Edelredus Dux faui ✚. Ego Osbirtus annui ✚. Ego Algarus Comes istud deuotè fieri deprecans à Domino meo Rege gratiose impetraui ✚. Ego Wulkelnus Comes adiuui ✚. Ego Adelwlphus Comes concessi ✚. Ego Turgotus Comes consensi ✚. Ego Alcmundus Comes consideraui ✚. Ego Diga Comes interfui ✚. Ego Lefwinus Comes aspexi ✚. Ego Burkardus Comes conscripsi ✚. Ego Ascerus Comes affui ✚. Ego Thurstanus Comes stabiliui ✚. Ego Reinardus Comes consului ✚. Ego Tilbrandus Comes conscripsi ✚. and sometimes they haue the addition of their Counties, as in a Charter, more ancient, of Ethelbald King of Mercland, to the same Abbey: Ego Egga Comes Lincolniae consilium dedi ✚. Ego Leucitus Comes Leicestriae assensum praebui ✚. And the the like. How Dux and Comes agreed in those ancienter times is alreadie manifested; and, questionlesse, no where was that confusion of names more then in our Saxons Latine. Of their Eorle, as it was also Dux, somewhat is said, which being then the supream title next after the Prince is interpreted both Dux, and Comes. V. Autorem Reliquiarum in Eadgaro. From Ear or Ar i. Honor, and Arlic or Eorlic, i. [Page 224] Honorable (and that in Danish; and some think the name came in with the Danes) this Title hath its Origination. The administration of Siward Comitis Northumbriae, is presently, after those words, calld Ducatus, in an old and Malmesbur. lib. 2. de Gest. Reg. cap. 13. iudicious Monk. And Roger of Houeden speaking of Leofrique Earle of Chester, calls him Leofricus Comes, Leofwini Ducis filius, and saies that Ducatum eius (Henry of Huntingdon hath consulatum) filius suus Algarus suscepit. So Comitatus Estsaxoniae, Comitatus Westsaxoniae, Comitatus Eboracae and the like, rememberd by Ingulph, and Comes Merciorum, Comes Magesetensium, (that is, of those about Radnor) and Comes Mediterraneorum (in Houeden and Florence of Worcester) might haue bin as properly stiled, and perhaps more properly, Ducatus and Duces, being refer'd to Godwin, Leofric, Edgar, and those which were Eo [...]le [...]. and how familiar it is in those times to meet with Comes Normanniae for Dux Normanniae, euery man knows that hath tasted our Stories; and of it; before. But, for those their Eorles, whose name, remaining in our Counts, is fitly to be heer again spoken of; they were both Officiary and Honorary, hauing the gouernment of Prouinces; and their title, in some parts, hereditarie, as in Leicester and V. Rog. de Houeden, par. 1. fol. 243. Northumberland; and from them, their wiues were stiled Countesses, as with vs in the subscription to a Charter of Thorold of Bukenhale to the Abbey of Crowland, is, Ego Leofrieus Comes concessi. Ego Godiua Comitissa (shee was his wife) diù istud desideraui ✚. These were the Ethelings, whereof, one in an old Latine translation of K. Cap. 55. in edit. Lambard. & v. supra vbi de Weregildo cap. 2. Knouts laws: Qui fregerit plegium Archiepiscopi aut Reguli, quem Angli vocant Aetheling. III. libris emendet. Neither were there with them any other created titles, after the Prince or Etheling, Honorary, it seems, but this of Eorle, and their Thanes, of whom in due place. For where the Heregeates, i. the Heriots, of [Page 225] that age are set at a Canut. leg. cap. 69. certaintie, there are no other numberd. The Heriot was, what the Eorle or Thane paid his Lord or King in nature of a Relief, and thence remains the name with vs in a different sence, it being then only such things as were for martiall furniture, as horses, speares, shields, mony, and the like. And, in a Pat. 18. H. 6. membr. 9. ch. 12. Iuspeximus part. 2. Charter of the Confessor, for the possessions of Paules: Edward King Gret Mine Besceops And Mine Eorles And Alle Mine Thegnes On Than Shiren Wher Mine Prestes In Paulus Minister Habband Land. Eorles and Thanes are here only mentioned, as if none els, with Honorarie titles, had any thing to do with territories. Neither in that catalogue of Archbishops, Eorles, Bishops, Ealdormen, Holdes, Hehgerefas, Messethegnes, and Werldthegnes, and Ceorles, in the laws of Athelstan, is any Honorarie, but meerly as he is Officiarie, except the Eorle Quod & probari potest ex illo de Dignitatibus Monumento Saxonice edito à G. Lābardo in Itinerar. Cantij. and the Thegne or Thane. For the Ceorle, or or Churle, was ignoble, or the yeoman. Yet it is most certaine that, for Eal [...]o [...]man, sometimes Comes is vsd. An old law: Gif hwa Leodbisceops oþþe Ealdormannes borh abrece, gebete ꝧ mid twam pundum; it is anciently interpreted, Qui fregerit plegium Episcopi aut Comitis II. libris emendet, it's part of that before cited touching Aethelings, and where amongst Knouts Collections, one is, that twise in the yeer the scyregemot, i. the Shiremote (that which is now calld the Shirifes Turne) should be held, and that in it should sit the Bishop of the Diocesse, and the Ealdorman; the old Latine hath In illo Comitatu sit Episcopus & Comes, qui ostendant populo iustitias Dei & rectitudinem seculi. For the Bishop did, in the same Edg [...]r. leg. cap. 5. Court, vnder the Saxons, exercise Ecclesiasticall iurisdiction, vntill William the first alter'd that course. Proptereà mando (saith a. Patent Inspex. 2. Rich. 2. pro decano & cap. Eccl [...]s Lincoln plenius habetur in Iano nostro. li. 2. §. 14. of K▪ William) & regiâ autoritate praecipio vt nullus Episcopus vel Archidiaconus de legibus Episcopalibus [Page 226] amplius in Hundredo placita teneat; Nec causam, quae ad Regimen animarum pertinet, ad iudicium secularium hominum adducat; sed quicun (que) secundum episcopales leges de quacun (que) causa vel culpa interpellatus fuerit, ad locum, quem ad hoc opus elegerit & nominauerit, veniat ibique de causa sua respondeat, & non secundum Hundredum, sed secundum Canones & Episcopales leges rectum Deo & Episcopo suo faciat. But this makes apparant that the Ealdormen were meerely Officiarie, and as our Shirifes at this day. For what is the name of Shirife or Shriue, but their scyregereue or Shyregreue? and what was Shyregreue but Alderman or Ealdorman? Among the laws titled with name of the Confessor, thus you read: sicut modo vocantur Greues qui super alios prefecturas habent, ita apud Anglos antiquitus vocabantur Ealdormen, quasi seniores, non propter senectutem cum quidem adolescentes essent, sed propter sapientiam. Yet remember also that, by a testimony which I am not confident in, Ealdorman was appli'd to some of much meaner rank; but as a generall name, and with a more particular regard, perhaps, giuen to Ealdormen of Prouinces or Shires, whereof more, when we speak of Barons. So that those which were ordain'd Ciuill Iudges in Prouinces, as the inferior sort of Counts before treated of, had there this name of Ealdormen, remaining to this day in diuers Corporations in a sense somewhat of the same nature, and were wont to be assistant to the Kings of that time in their Wittenagemots or Mikel Synods (they were as our Parliaments) with the Clergie. In the Frontispice of Ina's laws, he saith he made them with the assent and help of his Bishops, & mid eallum minum Ealdormannum & þam yldestan witan minse þeode, i. and with all my Ealdormen, and the eldest wise men of my people. Where the more honorary titles of his subiects are omitted, and thence is it that in ancient Monks their Parlaments are [Page 227] calld Procerum Synodus, and Synodus Senatorum; the word Senator well enough translating Ealdorman. And as the Iudges of the Shires were calld Ealdormen, so it seems, hee that was as Chief Iustice of England had the name of Ealderman of all England. An Chronic. Ramsci. apud Camden. in Huntindon. old Epitaph:
HIC REQVIESCIT ALLWINVS INCLYTI REGIS EADGARI COGNATVS TOTIVS ANGLIAE ALDERMANNVS ET HVIVS SACRI COENOBII MIRACVLOSVS FVNDATOR.
Vnderstand the Monastery of Ramsey in Huntindonshire. Neither do I thinke this Ailwine to be any other then he which subscribes a Charter of Edgars in Ingulph, with Ego Alwine Dux consensi. Hee is calld Half-koning i. Half-king in the storie of that Monastery, and is thus rememberd in an old Aymon. Vit. Abbonis Floriac. cap. 5. & v. Malmesb. lib. 4. de gest. Pontific. in Episc. Lin. coln. Autor of France. Inter eundem spatium Regem adijt Anglorum ac eius Ducem Hehelguinum, how easily Hehelguin is made of Ailwin, euery one sees. Out of these disserences twixt Eorles and Ealdormen (the one hauing suprem gouernment next after the King ouer the Prouince, in such sort as the Earles after the Conquest, whereof presently; the other being but Iudges, Iudices fiscales, Shirifes, and like those Comites minores, inferior to Dukes) may be easily collected, that in those subscriptions of the Saxon times, Comes is not alwayes to bee took for one equall to Dux, but also sometimes for Ealdermen, as perhaps in most of those Charters, where diuers precede by name of Dux; although that precedence alwaies make not the difference enough sure. Of Ealdormen somewhat more, where we speak of Visconts. To deriue into the Saxons, their Counts from that of [Page 228] De moribus Germanorum. Tacitus, Magna Comitum emulatio, quibus primus apud Principem suum locus; & Principum, cui plurimi & acerrimi Comites, were (although some do it) but to fetch the substance of this speciall title from that which Tacitus could by no other word well expresse. He deliuers it indeed of a people whereof our Saxons were a fragment. But, vnder fauour, those Comites can signifie nothing there but meer followers, neither did Tacitus euer dream of it as an Honorary Title or Office, by that speciall name. Neither in Tacitus his time, was the name at all Honorary or Officiary. Hee explains himself in the same place: Haec dignitas (saith he) hae Vires, magno semper electorum iuuenum globo circumdari, in pace decus, in bello praesidium, & Turpe Principi virtute vinci, Turpe Comitatui virtutem Principis non adaequare. Where both Comes and Comitatus (the one proceeding from the other; neither is it more then ridiculous to deriue Comitatus à commanendo, as Otto Frisiagens. de gest. Frederic. lib. 1. cap. 13. one doth) occurre, but not any way to giue on origination to the present inquiry. At the Norman inuasion (the title of the Conqueror being before at the best but Dux Normanniae, and oftimes Comes) to those Saxon Eorles were giuen the names of Consules or Comites; but Comites onely when in steed of that dignitie of Eorle, any creation was by the Norman Kings, and, in Autors of neer that age, such as were after created are stiled Consules sometime, but rarely occurrs any where Dux. Indeed De gest. Pontific. lib. 3. Malmosbury speaking of Walker made Bishop and Count Palatin of Durham, vnder William 1. saith, hee was Dux paritèr Prouinciae & Episcopus. But it appears that their Dignitie vnder the Normans was like that of the Dukes and greatest Princes vnder the Saxon Kings, otherwise why should they haue retain'd the name of Eorle? The Conquerer, William the first, putting all enheritances and possessions both of the Church and Laitie vnder his suprem dominion, nor permitting any [Page 229] foot of land within this Realme to be free from either a mediat, or immediat Tenure of him, created diuers into this title of Earle, making it feudall, and hereditarie. And in some Grants made reference to the Saxon Times, as in that to Alan Count Camd. in Brig. of Bretagne, in giuing him the Earldom of 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. Its thus described in old English rymes by Robert of Glocester.
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 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 [Page 231] 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 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. 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 quocun (que) 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 quibuscun (que) 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 [Page 232] 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 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 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 nam (que) 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 [Page 233] 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 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 qualicun (que) commisso plus septem solidis soluat, cum in alijs Prouincijs ob paruam occasiunculam, in transgressione praecepti herilis, viginti vel viginti quin (que) 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 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 [Page 234] 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 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 hucus (que) 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 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 [Page 235] 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 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 Camden. in Regnis. the ti [...]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 [Page 236] 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 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, abs (que) 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 abs (que) 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 v [...]stre Roialme de France a son lieu pur seier en v [...]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, [Page 237] 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 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 Aru [...]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, [Page 238] & 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 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 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 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 of Audeley is created Earle of Glocester in Parlament, his Patent Rot. Parl. 11. Ed. 3. Memb. 14. ch. 34. memb. 23. ch. 41. memb. 26. ch. 49. thus speaking, Ipsum in Comitem Glocestriae praefecimus & de statu Comitis per cincturam gladij de munificentia regia inuestimus, ad nomen & omen dicti loci sibi & haeredibus suis perpetuò retinendum. In like forme William of Clinton is made Earle of Huntindon, William of Bohun Earle of Northampton, and XX. l. annuity giuen out of the Countie, to be receiu'd from the Shirifes hands. Many such are extant in the Records. And how the girding or deliuery of a [...]sword was in delegation of Imperium, [Page 239] or power of gouernment, you may see in the Roman Xiphil. in Traiano, & de hac re, affatim Pet. ber. Semest. 1. cap. 2. Prefectus praetoriorum, & some other of that State. But in later time the chief part of the Ceremony hath been thus exprest in the Patent: Per Gladij Cincturam, Cappae Honoris & circuli Aurei impositionem in signimus, inuestimus &c. Yet it seems, that before any of these examples a Coronet was vsd by them. For in S. Edmunds Chapell in Westminster, lies buried Iohn de Eltham Vide Apologiam G. Camden. pag. 13. Earle of Cornwall, sonne to Edward II. with a Coronet on his head of a Ducall forme. Neither in his time could the distinction bee of Ducall Crowns from Earles Crowns (as now) because no Duke then was in England. His Coronet is now Poinctee and Fleuronèe. But these Ceremonies are not vsd when an Earledome is giuen to one before possest of a greater Dignitie. Then, only the Charter selues; as an example lately was in the making of Lewes Duke of Lennox, Earle of Richmond. As in the Eastern State they had their Officiarie Protocomes, so in England that name once was in Praecomes Rot. Parl. 23. Hen. 6. Angliae, which grew first and died in Henry of Beauchamp Earle of Warwick vnder Henry the sixt. The Scotish stories assertion that Malcolm II. first created this Title there, is well tolerable, the Dignities there before being all vnder the name of Thanes; and Macduff, Thane of Fife, was first made Earle of the same Territory. In Spain are now, as elswhere, very many, and haue their Coronets on their Armories: But although diuers Officiary Counts were in their Gothique times knowne by the name of Comites in their Monuments, yet, as a granted Honorary Title, it began in the Kingdom of Castile, they say, but of late time; that is, vnder Alfonso XII. Hee A. Chr. M. CCC. XXVIII. made his speciall fauorit Don Aluar Nunnez Osorin, Count of Trastamara, Lemos & Sarria. Hereof saith Mariane: Nouum id exemplum fuit, nullis anteà in Castellae regno Comitibus. The Ceremonie he describes thus: Tres Offae [Page 240] in vini poculo oblatae, cum inter se Rex Comesque tertiò inuit âssent, vter prior sumeret, à Rege Offâ vnâ sumptâ, à Comite alterâ. Ius Caldariae in Castris, in Bello Vexilli proprijs insignibus distincti datum. In eam sententiam confectis Tabulis, at (que) recitatis, consecutus astantium clamor plausus (que) laeta faustáque nouo Comiti ominantium. Is instituendi Comites ritus fuit. In Poland of late time, both this Dignity, and that of Duke began, but, to few, Communicated. My Autor thus Martin. Cromer. Polon. descript. lib. 1. of that State: Est autem pari dignatione Polonica omnis Nobilitas; nec est vllum in ea Patritiorum Comitúmue discrimen, exaequatâ quodam tempore, omnium conditione. Nuper adeò paucis quibusdam, parentum, vel ipsorummet amplitudine atque meritis, & Principum beneficio Comitum Decus denuò partum est. Ducum, qui peculiares habeant dominatus vel Territoria nunquam aliud genus fuit apud Polonos quam id quod à Boleslao Kriuousto Principe (this Krziuoust, as they write it, began to raigne in 1103.) propagatum fuit, cum is principatum inter liberos diuisisset. Verum id iam defecit. But in Lithuania, Prussia, and Liuonia are Dukedoms; Gaguin and others call them Ducatus. Neither, for that State be satisfied here without seeing what we haue in the next Chapter of their Uaiuods and Chastelans.
Of Counts Palatin, two sorts in old storie. Palatins generally. Counts Palatin without Territory made at this day by the Emperor and Pope. Comes Palatij. Curator Palatij. The office of Comes Palatij in the old French State. Chaplains, whence so calld. Maire Du Maison, & Count du Palais, not the same anciently, against diuers that affirme the contrarie. Maioratus & Senescalcia. The true deduction of the name of Counts Palatin, differing from the vulgar. Psaltzgraffe of [Page 241] Rhine. Landgraue. Rigordus amended. The Palatinat of Champagne. Of Chester, Durham, Ely and Lancaster. The Curtan sword born by the Earle of Chester at the mariage of Henry III. Franchise de Werk, in our Law Annals. Hexamshire. Hengstaldemshire, its name in our Monks amended. Hexam vnited to Northumberland. Palatins in Poland. their Vaiuods. [...]. Chastellans. Palatins in Leitow.
CHAP. V.
AS one diuision of Counts is into PALATIN and Prouinciall (The Palatins hauing their denomination from Palatium, the Palace or Kings Court: the Pronincials from their Prouinces:) so, of Palatins, some had that generall name for liuing Cod. tit. de Priuil. eor. qui sac. Palat. Militant. & lib. 1. tit. 34. in Palatia; as Palatina Officia; and Palatini Comitatenses, for the Emperors Gard, and the like. Others were more specialy titled Comites Palatij, as chief Iudges and Vicegerents in the Court for administration of Iustice, of whom most mention is in the French storie. Of those of the first kind is frequent mention in both the Codes; but so that the word Palatins comprehend also whatsoeuer officers were employ'd in the Palace. [...] (saith an old Glossary of the Law) [...]. i. By a common name of Palatins are cald all such as were Officers in the Palace about the Treasurie; and interprets it also by [...], Court Officers. Of Prouinciall Counts, alreadie. But all honor'd with the Comitiua, and following the Emperor, might well be, and were stil'd among this first kind of Palatins. Among these are reckon'd such as haue arrogated that name from XX. years Profession of Grammar, Rhetorique, [Page 242] Law or the like in Constantinople, by a C. lib. 12. tit. 15. & 13. vide Cassi dor Var. 6. Form. 19. & Symmach. lib. 1. epist. 26. & 37. Constitution of Theodosius and Valentinian, which, at this day, is in the Empire made vse of, as also those created Count Palatins, without any Territory, both by Pope and Emperor, which haue, with their Honor, Pith. des Com. tes de Champ. luire 1. the Prerogatiues of making publique Notaries, constituting Iudges, legitimating of Bastards, immunitie from Imposts and the like. It is written on the Tomb of that famous Rowland, nephew to Charles le Magne, slain in the battell of Ronciualles, and buried at Blauz in Xantogne, that he was Tho. Leodius de Orig. Palat. Primus Comes Palatinus; which I interpret, the Chiefest Courtier honor'd with the Dignitie of Count. But that other kind of Counts Palatins or Palazins (as the old French call'd them) were as Chief Iustices and suprem vnder the King, for administration of right, in which Office I find them not vnder the Empire, vntill Charles le Magne, in whom the French Empire began. For neither the Comes Sacri Palatij spoken of in the Code, nor the Cassiod. Var. 7. Form. 5. & C. L. vinca tit. de Com. & Tribunis Scholarum. Curator Palatij come neer that autority of the Counts du Palais of later time. I see none which hath better obseru'd the true nature of them, then the learn'd Hierom Bignon in his notes to Marculph, where he takes these words of old Hincmar to witnesse: Apocrisarius qui vocatur apud nos Capellanus, vel Palatij custos de omnibus negotijs Ecclesiasticis, vel Ministris Ecclesiae; & Comes Palatij de omnibus secularibus causis vel iudicijs, suscipiendi curam instantèr habebant: vt nec ecclesiastici nec seculares priùs Dominum Regem absque eorum consultu inquietare necesse habeant, quousque illi viderent, si necessitas esset, vt causa ante Regem meritò venire deberet. What better shews the nature of that Officiarie Dignitie? And with this Count du Palais or Count Palatin, the Kings of France of the first line vsd also to sit in Iudgement, as in a Precedent of that Ex Chronic. Diminens. apud Bignon. in Marculph. lib. 1. age, touching the Abbey of Dijon, and thus speaking, appears: [Page 243] Cum nos in Dei nomine (the words are as in the person of King Clothar III. about DCLX.) Mosolaco in Palatio nostro, vnà cum Apostolicis viris patribus nostris Episcopis, Optimatibus, caeterisque Palatij nostri ministris, necnon & Andobello Palatij nostri Comite, qui de ipso ministerio ad praesens nobis deseruire videbatur, ad vniuersorum causas audiendas, iustóque iudicio terminandas, resideremus, &c. The King and other great Courtiers sare, it seems, sometime, but the chief autoritie delegat and iudiciarie was in the Count du Palais; and before him as Chief Iustice were all suits determined, crimes examined, the Crown-reuenew accompted, and whatsoeuer done, which, to so great iurisdiction was competent. Neither was there, it seems, alwaies One onely in this Office, but sometime more. An old Tabular. S. Dionysij apud eundem. Monument, of Pipin's time, hath, Vbicunque corum iustitiam inuenimus sicut Principes nostri, seu Comites Palatij nostri, vel reliqui legis Doctores iudicauerunt. And a very ancient Walafrid. Strabo de Reb. Ecclesiastic. c. 31. Writer, of the midle times: Qnemadmodum sunt in Palatijs Praeceptores vel Comites Palatij qui secularium causas ventilant, ita sunt & illi quos summos Capellanos Franci appellant' clericorum causis praelati. He compares the Counts du Palais for secular busines, to Arch-Chaplains constituted in those elder times in the Court for Ecclesiasticall matters. They were calld Chaplains, Cappellani, à Cappa Beati Martini, from S. Martin's Hood, which as a most precious relique they kept, and the Kings ob adiutorium (as Strabo's words are) victoriae, in praelijs solebant secum habere: quam ferentes & custodientes, cum caeteris sanctorum reliquijs, Clerici Cappellani coeperunt vocari. They much erre which confound the Count of the Palace, with the Maire du Maison, or Maior Demus. This One autority both ancient Gregor. Turonens. hist. lib. 9. cap. 30. and beyond exception disproues their coniecture. Childebert the first sent, into Poiters, Florentianum Maiorem Domus Regiae, & Ranulfum Palatij sui Comitem, [Page 244] vt scilicet, populus, censum quem tempore patris reddiderat, facta ratione, innouata rè, reàdere deberet. You see they are expressely diuided, by one that liu'd in that age. And indeed, the Maire du Maison was of farre greater power, especially after the time of Clothar III. and rul'd all as Post Historicorum Turbam, consulas. Adreuald. Floriac. de Miraculis S. Benedicti lib. 1. cap. 12. & 14. King, the King himselfe being rather in Name only, then substance, a King. But the Count du Palais his power was chiefly iudiciarie. Neither are they to be admitted, which suppose the Seneschall or Grand Maistre to haue succeeded into the Counts Place. Both those names haue been in lieu of the Maire; and an old Hugo de Cleerijs de Maiorat. & Senescalcia. Autor of France, ioyns the words Maioratus and Senescalcia, as synonomies. The nature of which Office with enough certaintie the same Autor describs. But by reason of the phrases of Regebant Palatium, and such like, in ancient Monks appli'd to the Maire du Maison, diuers good Antiquaries of that Country haue mistaken, and thence make a confusion of all these. Afterward in the German Empire, this Office likewise was. And, as to some, Prouinces were committed, for Counties, to be gouerned by them, yet remaining subiect to the Court-Iustice of the Empire, or the Imperiall Chamber (as at this day they call it) or in such forme that to the Count du Palais might be appeale, vpon iudgement giuen by the Prouinciall Counts or their Lieutenants, so others were created into the title of Counts du Palais, and Comites Palatij in their Territorie or Prouinces, so that, what autority, iurisdiction, or Gouernment the Count du Palais of the Court had, in the Empire, the same should they haue in their Prouinces; that is, in substance, all Royalties. For the Count du Palais, in the Court, bare the Person of the King or Empire. Comes Palatinus (saith a German Io. Auentin. Annal. Boior. 5. Antiquarie) vicem Caesaris praesidendo Senatui principali defungebatur, fidem imperatoris Implorantibus aderat, ius (que) reddebat, Fiscum Augusti, praedia Salica, [Page 245] Redditus regios procurabat, Caesarum censum exigebat. Nil citra eius autoritatem Duci (Boiariae) aut decernere aut statuere licebat. Si Senatusconsultum Reguli displicebat, [...]tercedebat, ad Caesarémque referebat In this forme must the name of those which then were specially calld Counts Palatin, be deriu'd, and from that second kind of Counts du Palais. For, if from the first, and generall name of Palatinus, it would follow, that euery Count liuing about the King were a Palatin, and also, that, with any regard to a Prouince, none could be so titled. And thus, by the most learn'd Peter Pithou, is deduction of the name made. To all this well agrees what an ancient Ioan. Sarisburiensis Epistol. 263. quem Consulas licet & lib. 6. de Nugis Curial. cap. 6. Bishop vnder our Henry II. wrote to one Nicholas then Shirife of Essex: Sicut 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 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 [Page 246] 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 Rigordus in vita Philippi Aug. pag. 207. French autor, regarding more the substance of it as its 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 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 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. O [...]e Hugh Wolf was made Earl of Chester by William I. and the Countie giuen [Page 247] 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 th [...]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 Inspex 18. Hen. 6 part. 2. memb. 34. grants quod vnusquis (que) 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 De gest. Pontis. lib. 3. Malmesbury saies) fraenarét (que) rebellionem Gentis Gladio, & reformaret mores eloquio. But the chief priuiledges of Durham haue [Page 248] 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 Hist. Dunel. apud Camd. country men Halywerk Folks, which is ment in one of our 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 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 17. Ed. 3. fol. 36. pl. 4. Counte de Palais, and that he was 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 De gest. Pontific. lib. 3. videsis B [...]m Eccles. hist. lib. 4. [...]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 14. Eliz. cap. 13. Elizabeth it was vnited to the Countie of Northumberland. How by the Statut of Resumption vnder 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 [Page 249] the state of Poland, call the Gouernors of Prouinces there, Palatini. Palatini (saith Cromer) munera sunt esse Ductorem Copiarum suae satrapiae in expeditionibus bellicis: inde (que) 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 Slauoni (que) or Windish word, is by later Graecians calld [...]. One of their Emperors 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 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 quo (que) 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 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 its 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 [Page 251] 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 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 [Page 252] 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 Territories, and not like the Missi, whom hee compares in Church-state to Suffragnas, and the Viguiers to Parish Priests. But as, in the Roman Empire, was the Dignitie and Office of v. C. lib. 1. tit. 39. & alibi. Vicarius as great as Comes (but yet som difference twixt them) and was also applied to an inferior sort of Slaues, which you see in that—iam nolo Uicarius esse, so in the French and German Empire I doubt not but Vicarius and Viguier was not only for Iudges of mean note subdelegat by inferior Counts, but also somtime for such as the suprem Prince constituted in vicem Comitis, or the superior and first rank of Counts made their Lieutenants. As also Missi were not only a name for them which were vnder Counts, but also somtime for the like in proportion vnder the King. Ante illustres (saith an old Vet. Form. ad finem. Marculph. 7. Precedent) Viros magnificos illos & illos Missos Domini & gloriosissimi illius Regis. And a Charter of Pipin, Maire dumaison, to the Bignon. in Not. ad Vet. Form. Abbey of S. Denis. Omnibus Episcopis, Abbatibus, Ducibus, Comitibus, Domesticis, Grafionibus, Vegarijs (that is Viguiers) Centenarijs, vel omnibus Missis nostris discurrentibus, seu quacun (que) Iudiciaria potestate praeditis. But the confusion of these names (hauing regard to superiors as well as inferiors) in old laws and storie, allows not sufficient means of distinction to know which alwaies by them is certainly meant: yet withall makes vs in generall truly know whence this Title of Uiscount with them had its originall. Its greatnes there varying according to the qualitie of the next superior, as well now it is Honorarie, as at its first beginning, when it was Officiarie. And as they which vicem Comitis gerebant were calld Vicecomites, Viscounts, so the delegats of Bishops in temporall iurisdiction of that kind, were stil'd Vicedomini, i. as at this day the word is, Vidames. [Page 253] That the Substitus of great Clergie men for secular administration were anciently cal'd so, appears both out of passages in the Canon Epist. Greg. Dist. 89. C. Volumus. &. Rescript. Vrbani C. 4. q. 3. cap. Saluator. & Extrauag. de Simonia cap. Consulere. laws, and also in verie ancient Storie. Bertigranus (the words of an old Adreuald. Floriac. de Mirac. S. Benedicti cap. 6. Monk) Episcopus Cenomanensis legatos mittit ad S. Benedictum Flodegarium Archidiaconum & Arderadum Vicedominum suum. And as Viscounts from Officers became Honorarie, & Seigneurall, so Vidames. Neither is there in France any Vidame which holds not of some Bishoprik, vnlesse that of Beauuais (so L'oyseau tells me) which is vnited to the Bishoprique of Beauuais, and now calld le Vidame de Gerberoy. And from the chief Town of the Bishoprique are the Vidames denominated; as the Vidame of Reims, of Amiens, Chartres, Mans, and the like, where he notes also two speciall differences twixt Viscounts and Vidames. First, One Duke or Count (especially of the superior sort and first Rank) had diuers Viscounts Officiarie vnder them; but euery Bishop one Vidame. Secondly, the Viscounts had only their le moyenne Iustice, as they call it, that is, iurisdiction of some causes onely, and them of the meaner sort (as wee may say of our Officiarie Vicecomites or Shirifes, which haue diuers Actions Visconti [...]l, and inquirie of criminall causes,) but the determination of Criminall, and others of greater Memineris quod hoc capite habemus ex Strabone. note were reseru'd to superior Iudges which haue le haut Iustice, or a delegation of a kind of Merum Imperium: vnderstand this of their more common sort of Viscounts reckond among their Mediocres Seigneurs, of which notwithstanding, now diuers by vsurpation haue gain'd le haut Iustice to their Seigneuries. But the Vidames from their first institution had le haut Iustice, the reason being apparant, because Clergie men V. Caus. 23. de bello & re militari, &c. would by no means medle with iudgements Criminall, which were Capitall, and therefore had their Lay Delegats; which is the reason why in our [...]. Ed. 4. fol. 6. & saepiùs in Archiu. Parlament. old Parlaments, when in them, Appeals and Iudgements [Page 254] of Death were, the Lords Spirituall vsd to make a Procurator, for that turn. The Office of Viscount neuer yet became Honorarie in England, yet, before we speak of our first Honorary Viscont, something of the Office also with vs. Its already shew'd that the Ealdormen of the Saxon Times were Uicecomites, and as our Shirifes; and they were in those times by that name writen in Latine also. A subscription to King Edreds Charter, dated DCCCC. XLVIII. to the Abbey of Crowland iustifies it. There after the Abbots, Dukes, and Counts (the Dukes and Counts perhaps being of equall dignitie) follows:
✚ Ego Bingulph Vicedominus consului.
✚ Ego Alfer Vicecomes audiui.
And in a Charter of Thorold of Bukenhale to the same Abbey, the last witnesse is thus exprest: ✚ Ego Liuingus clericus istud Chirographum manu meâ scripsi & domino meo Thoroldo Vicecomiti tradidi: and in that before of King Edred to the Abbey of Crowland, certain lands are discharg'd, Auxilijs Vicecomitum, by that name; and in one of King Bertulph to Siward, Abbot of Crowland, you may read: Praecepi Radboto Vicedomino Lincolniae, caeteris (que) ministris meis in illa parte constitutis, to make a perambulation of the Isle of Crowland. So at the Conquest Act. public. apud Camden. in Cornauijs. it was found, that in the Hundred of Oswaldshaw in Worcestershire, nullus Vicecomes vllam habere possit querelam, nec in ali quo placito, nec in alia qualibet causa. But yet the name of Vicecomes was not applied to the Ealdorman, as if hee had been vnder the Eorle, as in France or the Empire; but in such sort as if hee were plac'd in the Prouince by the King in vicem Comitis (that is, as a Iudge) to administer iustice, and look to the Kings reuenue; and out of his Court, as at this day, Faux Iudgment lay [Page 255] in the Kings Bench, neither was there any mediat place for remedie. Therefore in one of their Ethelred. leg. cap. 6. Be [...]. b [...]ec. Laws you read, that if the Peace be broken, he that is wrong'd should be helpt by the Townesmen, or Tithing; if they would not help him, that then the Eal [...]o [...]man should (that is, the Shirife) and if the Ealdorman would not, that then the King should, and if the King would not, that then the Shire should not be bound to keep the Kings peace; for so I interpret Li [...] Eal [...]o [...]om on vn [...]e: where the Vicountie or Shirifdom is calld also an Ea [...]o [...]om, as the Superior and Martiall gouernment of their Eorle was titled an Eorledome, the word Dome signifying in that sense a place subiect to a Superior, not only in Ciuill Iurisdiction, but also Martiall. Either then in imitation of other Nations, was that name of Vicecomes applied to our Saxon Ealdormen, and Shirifes; because their offices were somewhat like: Or els being constituted, qui vicem iudicum siue Comitum gererent, by the King, were properly as the ancient and best sort of them in France, so calld, or as the U carij in the Declining Empire, hauing no Superiors which constituted them but the King. Howsoeuer the reason of the name giuen by Geruase of Tilburie is much deficient, vnlesse in it, by a nice construction, you make him vse Comes in seuerall Notions. He is calld Uicecomes (sai [...]h he) qued Vicem Comitis suppleat in placitis illis de quibus Comes ex suae Dignitatis ratione participat. The errors of Polidore, and such that begin our Shirifes at the Norman Conquest, are not here worth speaking of, or of those which say the word Vicecomes was not here in the Saxon Times. But, of it as it is with vs Officiarie thus much; which I insert because of comparing our Office of that name to the like in France, where the Honor proceeded originally from the Office. For with vs the Honor and the Office haue no communitie. Neither had we any of that Dignitie (although the [Page 256] Office in some places hath been hereditary from ancient time) vntill Henry VI. He in Parlament made, by Patent, Iohn of Beaumont Viscount of Beaumont, with Pat. 18. Hen. 6. part. 2. memb. 2. these words of inuestiture: Nomen Vicecomitis de Beaumont Impominus ac ipsum insignijs Uicecomitis de Beaumont realiter inuestimus, locum (que) in Parliamentis, Concilijs, & alijs congregationibus nostris, super Omnes Barones Regni nostri Angliae assignamus. What those Insignia were then, I know not; but later time allows him a kind of Coronet (without Point or Flowrs) on a Cap of Furre. But an old Autor Anth. de la Salle chez L'oyseau, des seig. cap. 5. of France saies that Le Vicomte est inuesty auec vn verge d'or. In Scotland the first Dignity by this name was in Thomas Lord Ereskin created Viscount Felton by our present Soueraigne, their Iames the VI. Spain hath some of this Order and Name. Twixt Vicount and Count in France, is a speciall Dignitie of Princes. They haue their names by reason of their Seigneuries erected into Principalities.
Baro in Cicero, and Persius. Its signification in Hirtius and old Glossaries. Magnus Homo. The true deriuation of Baro, as its now Honorarie: Mall and Mollabergium. Sagibaro. Sake, or Sach. Wittiscalc, Saccabor or Sathabor. Plea de sakebere. Sikerborgh. Hondhabend. Mainauer. Barigild. Baro for a man generally; and Barones London, and the like. Ancient and late Barons of France. Capitaneus Regis. Barn or Beern for a man-child. Baron for a husband, where vsd. Cheorlbearn. Saxon Thanes. A Saxon Monument of their Dignities. Of Eoldormen again somewhat. Canutus his Forest Laws misprinted. Liberalis and Mediocris Homo. A Hyde of Land. Hydage, and Caruage or Carucage. A coniecture [Page 257] vpon Bracton. Terra Hydata and non Hydata. Minister. Minister Regis. Tainus. The Relief or Heryot anciently in all Barkshire. Viro, Baro, Minister, Thanus. But the name of Baron not in the Saxon times in England. How Barons had their name then. The book of Modus Ten. Parliamenti. Barones, and Pares Baronum. Illustres equites Romanorum. The Title of Prince not without Barons. Barons to subiects; and Barones Regis. The Value of Reliefs of Dignities. When they began certain for a Baronie. A coniecture when the value of a Baronie began. Court Baron. Baronagium and Barnagium. Bernage. Baronie in our law for Seigneurie. Tenere per Baroniam. CCL. Baronies reckond by Hen. III. His Ordinance touching what Barons should come to Parlament. The ancientest sommons extant. The Grand Charter first granted. A Parlament held XVIII. Hen. III. transcribd out of an obscure Roll touching Assises of Darrein Presentment, Iuris Vtrum, and Certificat of Bastardie, with the Barons names subscribd. And therein, Bracton amended. Barons by Writ and by Creation. Those two sorts now only in being. A respect to the Tenure per Baroniam after the allowing them only the title which were sommond. Barons ratione Officij, as Abbots, and Bishops. Chief Baron of England. Barons calld Lord or Domini. How in legall proceeding. Lords, Barons, and Earles only by Curtesie, and Court language. Thanes of Scotland. Stewarts. Abthan. The beginning of the Royall name of Stewart there. Tosche. Ochern. The first mention of Barons in Scotish Monuments. What their Baron is. Pit and Gallows. How the name is generally taken there. Acts touching which of their Barons must come to Parlament. Commissares of the Shire. The difference of their Lords and Lairds. The English and Scotish Parlamentarie Barons of a superior note then the French. Los Ricos hombres. Valuasores [Page 258] and Capitanei Regis vel Regni. The Feudalls interpreted otherwise then the vulgar opinion. [...]. Valuasores minores. Minimi. Valuasini. Vauasors in France. Vauassouries. Sommage. [...]. Vauasors in England. Countors. Subuasores in Scotland.
CHAP. VII.
NExt after Viscounts, follow BARONS. A title of frequent note in most parts of Christendom, and about whose etymologie most disputation and inquirie is. Barons are in some Countries (in all anciently, where they were at all) Lords of their denominating Territorie, with some Iudiciall gouernment, but beneath the Dignities before spoken of, both in largenes of Territorie, and neernes to Soueraintie; and how they differ in substance from other Titles in their Originall, what wee shall say of Particular States will best discouer. But first for the Name: The word alone is very ancient, and of pure Latine. In Cicero you read; Epist. ad Attic. lib. 9. Ep. 11. Apud Patronem & reliquos Barones te in maxima gratia posui, & herculè merito tuo feci. And in another place; De Finibus lib. 2. Haec cum loqueris, nos Barones stupemus; tu videlicet tecum ipse rides. And two other passages in him (as Elias Uinetus reads them) haue Baro in the singular number, where some of the publisht books haue, and that most properly, Verò the coniunction. I will confesse that as yet I haue not throughly learnd what Barones signifies to Cicero in his first place: yet I know, some haue dar'd to think it there vsd as neer to what it now interprets in the Rank of Dignities. They shall and may for me; I cannot. But in the second, I am somewhat confident, that (if the Reading be not corrupt) it is not vnfitly exprest into our word Block-head, or [Page 259] the Latine Bardus. The Text of Tully there iustifies it, and a Satyrist that Persius Satyr. 5. vbi & videsis Eliam Vinetum. that liud vnder Nero (by the correction of best Critiques according to best copies) hath
Where the old Scholiast, Cornutus, reads Varo (how soon that difference might creep in, any Vti B. & V. saepiùs inuicem Antiquis commutantur, videre licet apud Ald. Manutium in Hirt. de Bell. Hispaniensi, alios. nouice in Letters knoweth) and tells vs that Varones dicuntur serui militum, qui vti (que) stultissimi sunt, serui scilicet stultorum. He plainly iustifies the interpretation; and perhaps in that first place of Cicero, so vext mongst Grammarians, som allusion is to this notion of the word. For how much he persecuts the Epicurean sect is apparant in that of his De Finibus: and what was Patro but an Epicurean? And how well might he lay that name on such as in his iudgment were so farre from true Philosophie? Cum Patrone Epicureo (saith Famil. lib. 13. epist. 1. he) mihi omnia sunt, nisi quod in Philosophia vehementer ab eo dissentio. I see not then but in both places it may be probably affirmed, that he ment by Barones alike. Yet, to iustifie also that which the Scholiast of Persius writes, the name is in an ancient, A. Hirtius or De bell. Alexandrino. Baro item Cognomen Romanis erat v. Inscript. Ep. Alciat. Parerg. 5. cap. 16. Oppius. He for som kind of Souldiers or their seruants, vses it. Concurritur (are his words, speaking of the violence offerd by Minucius Silo) ad Cassium defendendum. Semper enim Barones (so some read, it being printed also Barones) complurésque euocatos cum telis secum habere consueuerat. And Origin. lib. 9. cap. de Ciuibus. Isidore: Mercenarij sunt qui seruunt acceptâ mercede; ijdem & Barones Graeco nomine, quod sint fortes in laboribus. [...] n. dicitur grauis, quod sit fortis: cui contrarius est leuis & infirmus. And in an old Arabico-Latine Glossarie: Barones, fortes in laboribus, which teaches how [Page 260] to mend Isidores Glossarie, where its printed Bargines, Fortes in bello. Confidently read Barones F. i. b. And well doth this agree with our Bracton his deriuation. Sunt, saith he, alij Potentes sub rege, qui dicuntur Barones, hoc est Robur belli. The learned Aduersar. subsec. lib. 1. cap. 8. P. Pithou cites some old Glossarie, where Baro is [...] i. hatred. And Barosus [...] i. Disdainfull or Currish. These are testimonies of the signification of Baro, as it was made a Denizen in the Latine Common-welth; for it seems to be of a strange bloud, and, as some will, deduced into Rome, or (in the middle times) into Latine out of Gaulish, old French, or Dutch. But I coniecture, although it be vsd by Tully for a block-head or a simple fellow, and so by Persius, that yet the genuine signification of it was rather seruus Militis, or Calo, or Cacula (which are what the French call les valets des gendarmes, i. Souldiers attendants) then Fatuus or Stultus, as of Bardus also may be affirmd. For, that is vsd for Fatuus, yet was in Gaulish a Poet. And the seruile qualitie of those attendants might well giue occasion to applie the generall name of their Dutie to the particular of their qualitie. As, because great, and lubberly fellows are vsually noted for imperfection in vnderstanding, and seruile abilitie of mind, the Latins by the name of Magnus homo Meurs. Exerc. Critic. part. 1. ad Plauti Milit. cap 4. ment a foolish knaue, or a foolish fellow.
with the like, is in Lib. 7. Epig. 99. v. & lib. 9. epig. 51. Martial. Yet, neither did that properly interpret a Foole, no more did Baro. The same in proportion may bee said of it as it is turnd in the Glossaries Fortis or [...], and the like. For I take Fortis there, not for valiant, but sturdie or strong, which well fits with our Baro, as he was Militis seruus or Cacula. [Page 261] But that its deriud from [...], I must take long day to beleeu, Doubtles it will be of another Family, another Climat. In the ancientest laws of the Almains, Ripuarians, Salians, and the rest (which are supposd writen about CD. or D. after our Sauiour) Baro often occurrs for Man, as it distinguishes the better Sex. And according to that it is Philoxen. in Vet. Glossario. turnd into the Greek [...], i. a Man. Its likely then, that, as the Latins haue vsd puer, and somtimes Homo (in later ages of Barbarisme, nothing more common then Homo) for a Man or seruant, the French, and those mongst whom Baro or Baron was for Homo or Vir, appli'd it in the same fashion, and so calld their ministring seruants; which also helps to iustifie the testimonie of Cornutus, by whom perhaps and by the Romans, the knowledge of som barbarous words being chiefly learnd out of the Warres, this was thought only to signifie the seruants of the Camp. That it was vsd by the French or Dutch for a Minister, or Man, or such like, we may obserue in this peece of the Salique Salic. leg. cap. 96. & art. 4. laws. Si quis Sagibaronem qui puer regius fuerit, occideret, &c. And then, Sagibarones in singulis Mallobergijs. i. plebe quae ad vnum Mallum conuenire solet (This Mall or Mallus occurrs often in the Salique laws and ancient precedents, in like signification) plus quam tres esse non debent: & si causa aliqua, ante illos, secundum legem fuerit definita, ante Grafionem remouere non liceat. Here in Sagibaro the word Baro appears, and (vntill I am better instructed) I shall think that Sagibaro was one of som kind of mean Iustices or Officers in the Countrie, before whom somtimes causes criminall and amendable by amercements or mulcts were heard and determined, neer like our Iustices of Oier and Terminer for Trespasses. And in this sense perhaps remains the names of Barons to this day in the Iudges of the Exchequer. For, Sagi I ghesse is made out of Sath or Sake (a word known in our ancient [Page 262] laws, and comming from Teutsch or Saxon) vsd for libertie of amerciament and giuing amends in the Court Baron anciently due to the Lord, both when the plaintife faild in his proofe, or the defendants were subiect to the Action, as at this day. Sak (saith an ancient Ms.) est placitum & Emenda de transgressoribus (I read transgressionibus) hominum in Curia vestra; quia Sak Anglicè, Encheson Romanè (hee meant Francicè; whence, works in the Prouinciall tongues of France and Spain are calld Romances) & inde dicitur Forsouth Sak, hoc est, est pur cel encheson. Our law French vses encheson, as the present French their Achoison; for an occasion or opportunitie, and, I think, for accusation. You know the word Sake is at this day with vs for Cause. As, for Gods sake, and the like. And Causa in Latine is taken anciently for a matter iudicially questiond. Why then might not Sake be as that description before is, or, as our Itin. Noting. Br. Quo Warranto 2. Itin. Ed. 3. Kel. fol. 145. alibi. nec alitèr sanè Vet. leg. Ed. Confessoris cap. 22. Common laws say it is, a Conisans of pleas, or libertie of amerciament, which supposes a Conisans, and so applied to signifie, as, in the genuin sense, it interprets Causa, for a Controuersie? And that so should the right meaning of Sake bee, is iustified out of an old Itin. Temp. Ed. 3 fol. 150. §. 44. Eire, where the libertie of Sake is allowd to euerie Lord by common right. Vnderstand euery Lord of a Mannor. For euery Mannor hath its Court. Euery Court its pleas: and in those, pleas amends and amerciaments (for certain actions and selon la bas Iustice) necessarily follow. Out of this may be conceiud what the particle Sagi in Sagibaro, is; and that Sagibaro may be not ill turnd into Minister Mulctarum, or Iudex Causarum, or Mulctarum, or the like; which I the rather beleeue, because in the ancient Constit. Burgund. cap. 76. laws of Burgundie, one, whose Office is neer what seems to haue been as the Sagibaro's, is calld Witiscale, which is verbally to be turnd Minister siue praefectus ad irrogandas mulctas, or so. For Wite (a word vsd by Chaucer [Page 263] and others about his time) is a Punishment or Mulct, as in our words occurring in old monuments, Blodwite, Frithwite, and the like. And Scale is a Minister, Officer, or Seruant, whence also the name Godsscale is the seruant of God. So that as Scale is in Witiscale, I suppose Baro in Sagibaro. I haue thought that in this name of Sagibaro (but differently applied) might bee found that obscure word of our laws, Saccabor, Sathabor, or Sacaburthe (for in all these forms it is writen in som Bract. de Corona cap. 32. & 35. Briton. cap. 15. & 29. Bractons) or Sakebere, as Briton hath it. I think so still. For it was no vnfit name to call him Sakebere or Saccabor (those come neerest to the right Orthographie) for Sagibaro or Sakebar, which prosecuted fresh suit against the thiefe, as the Saccabor did, and to that purpose is named; interpreting there accusator, or the Man accusing or prosecuting. And from that sense may be vnderstood an Trin. 35. Ed. 1 Ms. old Report, wherein one Piers brought his action against the Prior of M. & se pleint q'il luy auoit distrain a fere corporel serement sains especial comandement le Roy Encounter statut &c. And the Auowrie was because the Prior ad sa Court [...]en N. & View de Frank plege & poet pleder Sacrabar (plainly it is for Sacabar) ou vint vn W. le Moigne, & auoit embly vn surcote & a la sute vn tiel fuit attache & (que) fellonissement auoit emblee cel surcote, ad de bien & de mal se mit in bons gents de la Court; & la voloit il auer fait P. & les auters veysins fere le serement, P. le Counterdit, per ont fuit agarde que il fuit distrain &c. Demurrer was, and Metingham chief Iustice thus pronounces his Iudgement: Home vos ad demande le quel le Prior ad cele Franchise ou non, per la ne respones nient, & pur ceo nous & tenous agraunt, & vous nestes Soun tenant, naues pas dedit, ne que la laroun ne fuit prise oue Meynouere & qu' il se mist en la Court de bon & mal, & vous ne voiles aler a serement; & Home ne doit estre perdue en tel case (perhaps pendue) sauns serement de ces [Page 264] de la Court, pur ceo Agard cest Court (que) vous ne pregnes ren per vostre breife, eins sees en la mercy & le Priour a Dieu. This deriuation of it seems much more probable then that from Sikerborgh, which some haue; although I know in the old laws of Quoniam Attach. cap. 1. & 100. & videsis skenaeum in Sacreborgh. Scotland our Sakebere is expressely writen in the printed books Siker-borgh, which signifies a sure pledge. But the proper prosecution of Sakebere in this sense was, before pledges could be found; and indeed was he that followd when the guiltie part was took with the main-auer (that is hondhabend, hauing the thing stolne in his hand) which we corruptly now stile to bee taken with the Meinouer in 1. Ed. 3. fol. 17. b. & passim in Itinere Cantij 6. Ed. 2. Ms. male igitur, & ridicule Manuopere vocabulum illud translatum quod tamen Antiquitus erat in vsu. P. 44. H. 3. rot. 8. manner. They vsd for this also backberend i. bearing it on his back, in like sense and words as [...] is mongst the Greeks. And it may be doubted that Siker borgh hath crept, of later time, and by some Criticall mistaking, into the Scotish laws, for this Sakebere or Sagibaro vsd anciently, it seems, for plaintife or appellant. I haue seen those which otherwise think, but they perswade mee not. In like sort perhaps the old German Adnunc. Careli apud Pistas apud Bignon. in not. ad Vet. Form. Barigildi, where such as being charged with accounts vpon receipt of the Crown reuenue of subsidies, had thence their name. For Geld or Gild is (among other significations) a payment or Tax or Tribute. But this somwhat out of the way. After those ancient laws the eldest autoritie of this name vsd for Men generally, is in a French Append Greg. Turonens. siue lib. 11. cap. 41. storie. Burgundiae Barones (the words are) tam Episcopi quàm caeteri leudes timentes Brunichildem &c. i. The Men of Burgundie, as well Bishops as other of the Common people. For so Leudes signifies. And anciently with vs here, the Citizens of London were calld Barones London. Cum impossibile sit (saith an old Monument touching the pleas of the Crown held at the Tower, for the Citie) Baronibus & vniuersis conciuibus London aliunde transire in placitis Coronae quam per manus Regis & Iusticiariorum suorum, Necesse est Baronibus [Page 265] & ciuibus vniuersis, gratiam & beneuolentiam eorum captare. And in a Writ of Placit. Hill. 11. Hen. 3. rot. 12. Dower brought for lands in the Suburbs, veniunt Maiores & alij Barones London, et dicunt quod hoc spectat ad Communitatem Ciuitatis, & petunt libertatem suam, & habent. So Rot. Claus. 3. Ed. 1. memb. 6. Barones de Feuersham: and at this day, the Barons of the Cinque Ports. And more such are in Records and Storie, of those times. Neither did Barones so signifie otherwise then in later time Homines of such a Town, which is very frequent and euery where. Now as Comes, being indifferently in its own genuine sense to others then they of the Dignitie, was yet, by vse of time, made a speciall word for him which was Comes Imperatoris, so Baro originally signifying a Man, and withall a Seruant, or Minister, or Officer, grew at length to denote specially the Kings Man, Seruant, Tenant, or Officer, of better note, constituted with some kind of Iurisdiction in som Territorie, which being lesse then either those of Dukes, Marquesses, Counts, or Viscounts, was known only by the name of a Baronie, which also, as it exprest a feudall Territorie or Seigneurie, was a common name to all those other Dignities or Seigneuries, which were immediat to the Crown of France or the Empire. The French say Baronnie est toute Seigneurie premiere, apres la Souueraine, du Roy mouuant directement de sa Corronne. But this, as their Baronies were anciently. And accordingly was the word Baron with them extended, as in the Empire also Capitaneus Regis vel Regni, which comprehended alike, vpon the testimonie of the Feudall laws. Dux, Marchio, & Comes (say they) feudum dare possunt, qui propriè Regni vel Regis Capitanei dicuntur, and also Valuasores maiores, of whom more anon. But as Capitaneus and Ualuasor was also appropried to speciall Dignities beneath a Count, so also Baron hath been. These Titles indeed all three being allowd, specially as the greatest for distinction, to such as hauing [Page 266] Territorie and Iurisdiction (or droit de Police, as the French call it) were notwithstanding not to bee honord with any of the superior: Whereupon that of Baldus Ad C. I [...]not [...]it. tit. de Electione. is, that a Baron is he which hath Merum & Mistum imperium in castro aliquo siue oppido ex concessione 'Principis. And such, beeing at fi [...]st only, whose tenures were immediat from the Crown, haue long since ceased in France. And its anciently affirmd in their Grand Coustumier that of this kind there were then but three in all France: that is Bourbon, Coucy, and Beauieu, which as the other before like them, no longer now remain with the name and substance of that former Title. By the substance, I mean their being immediat Tenancies of the Crown, or as we say in Chief. And (that wee may once admonish so) a Tenure of the Crown is when its of the King as he is King and personall: but of the King only, is when its of him by reason of some Seigneurie escheated, or by som other means com to his hands, as by enheritance or the like. But when in the superior Dignities, rights of Soueraintie were, for the most part, all the true ancient Baronies became subiect vnder those vsurping Dukes, Marquesses, and Counts, [...]els got to themselues as great Titles. And then they, a [...]d the other Dukes and Counts, as a point of Soueraintie, also made Barons vnder themselues, known by that name, and vpon dissolution of those ancient Dukedoms, and Counties (wherof alreadie) those inferior Baronies became to be held of the King, but not as of the Crown, and so at this day continue in all France. Whence it follows (as L'Oyseau obserues) that Barons there now are all (as Baron is a speciall Title) mediocres Seigneurs, because none of the ancientest and first kind remain, but all are as part or Tenancies of the revnited Dukedoms or Counties. Thus then the word Baro signifying a Man (as some will a Free-man) and also applied to a Seruant [Page 267] or minister, became in the Empire and in France to denote a Dignitie and Seigneurie. Its vsd in Picardie at this day (as also in our Common laws) for a husband, exactly therein agreeing perhaps with Vir i. Man and husband. But its noted that in the Customs of Picardie and elswhere often occurrs, que la femme a son mary a Baron, which L'Oyseau interprets, that the Wife is in manu potestate (que) Viri taking Baron there as it signifies a Dignitie or superior power. But if a feminin exposition should bee vpon that text, its more likely that Baron should be taken for a Seruant or Minister, so that the Wife might be Master or Mistresse. Here twixt Man and Wife, I abstain from iudgment. But withall remember the vse of Barn or Bern in our North parts for a Manchild as it respects the Sex: and an old Metrique Translation hath
For blessed is the Man &c. And Cheorlbeorn and Cheorlman in old laws of this Kingdome are the same; both signifying an Ignoble man, and meanest Yeoman. The Grecians of late time writ this name [...]. One Count Albert is calld Lit. Ioach. Patriarch. Alex. apud Crus. in Turcograec. lib. 3. [...] for Baron en scharpfeneok, and Anonym. de bello sacro apud Meurs. in Gloss. Graeco-barbaro. [...] they vse for a Baronie. Euery man that hath seen the Stories or Writings of the late semi-barbarous Grecians, knows how vsually β is exprest by μπ. For England: the neerest name for Baron was that of Thane, anciently writen also Thegn þegen. Of their Thanes are two sorts rememberd in King Knouts v. Leg. Canut. cap. 69. laws. Cyninges þegen, and medmera þegen, i. The Kings Thanes and a Mean Thane. Somtimes called Thegen & þeoþen i. Thane, and vnder Thane. The old translation of the Saxon calls the Vnderthane or Mean Thane Mediocris Homo somtimes Homo liberalis. Of them and other Dignities vnder our Saxons, an old Ap. Lamb. in Itinerar. Cantij. Fragment thus: The wisest of the people were (weorþscipe wyrþa) [Page 268] worship worthy euery one in his rank. Eorl & Ceorl, ð [...]gn & ðeoden i. Earle Churl, Thane, and Underthane. And if a Churle (calld somtimes Cherlman, which, old autoritie makes the same with Villanus; as Villanus c Merc. leg. vers. lat. cap. 2. is a poore seruile Townsman, and vnderstood in the Statut of Merton, cap. VII. differing from Burgensis only as Uilla from Burgus; not as our law now vses it for Quae seruos inter & Villenos erat apud Saxones nostros discrepantia, videra est in Ingulph Notitia Abbatiae Crowlandensis. Seruus, or a bondslaue) thriu'd, that hee had fully fiue Hides of his own land, a Church and a Kitchin, a Belhouse and (Burgeat) Gate (I haue thought that you might interpret it a free passage or resort to: setle & sundernotei a Room and distinct Office in the Kings Hall, then was he thenceforth a þegen rightesweorþe i. as a Thane. And if a Thane so thriued that hee serued the King, and rode on his Iourney as of his family, and if he then had a Thane mongst his fellowes that to the kings tax for Martiall expedition (the Saxon is to Cynges utfare) had fiue Hydes of land chargeable, and had serued his Lord in the Kings Court (on Cynges setle) and had gone thrice to the King on his Lords errand, Hee (i. this lesse Thane or Vnderthane) might afterward, doing his fealtie (mid hisv. Const. Forest Canuti §. 12 f [...]r [...]þe) play his Lords part at any need. And if a Thane so thriued that he became an Eorle he was thenceforth as an Eorle. And if a Marchant (Massere) so thriued that hee passed thrice ouer the wide Sea of his own Craft, he was thenceforth a Thane. For the better vndestanding of this Monument, a word or two. What an Eorle was, alreadie. Touching the Thanes (by that name) I adde that the diuision of Them is expressely also in other of K. Cnouts Constit. Forest. Canut. §. 1. & 2. laws, into Thanes and lesse Thanes. Sint iam deinceps (saith he) quatuor ex liberalioribus Hominibus qui habent saluas suas debitas consuetudines, Quos Angli þegens appellant. So you must read, and not Paegened as the print is corrupted. Then sint sub quolibet horum quatuor ex mediocribus hominibus, quos Angli Non Lespegend vt perperàm in vulgatâ Chartâ Canuti. les ðegens (i. lesse Thanes, which [Page 269] elswhere is anciently translated also by mediocres homines) nuncupant, Dani verò yong men vocant, locati, qui curam & onus tum Viridis tum Veneris suscipiant. Of these the first foure seem to haue been as those which later time haue stiled Verderors of the Forest, and the other foure as Regardors. This last foure had nothing to do with administration of Iustice in the Forest, but were as lesse Thanes, beneath in dignitie to the first called Thanes generally; yet were rankt in the comprehensiue name of Eoldormen, which either were, as mongst these, of a farre different note and worth from those spoken of in the Chapter of Counts, or els the instructing testimonie is insufficient. Its words are thus: In administranda Iustitia (sa [...]th K. Cnouts Constit. Forest. §. 3. & 21. Constitution of those foure lesse Thanes) nullatenus volo vt tales se intromittant: mediocrés (que) tales post Ferarum Curam susceptam pro Liberalibus semper habeantur, qu [...]s Dani Ealdermen appellant. Plainly the Ealdorman, which was for Shirife, and is sometimes called Comes, was of much better place and (by his place) dignitie then a Thane. For in Athelstans laws an Ealdormans worth is accounted eight times as much as a Thanes. Therefore how can those Officiarie Ealdermen or Shirifes be the same with these Ealdermen here, which are beneath Thanes? I do as much suspect the text, as think that Ealdermen was a generall name for those liberales there spoken of. Yet also, as Aldermen are now in Cities and Corporations, they are v leg. Confessoris edit. à Lambardo. affirmd to haue been in the Saxon times. But I confesse I dare not with certainty affirm hereof any thing, vntill I know more. But, that Alderman was, since the Normans, extended much further then to those of Corporations or the like, appears both in the name giuen to a petit Officer in som Mannors, and also (if I deceiue not my self) in an old Roll of Placit. ap. Cicestriam 47. Hen. 3. Rot. 48. & 49. Hen. III. where of an Eire held at Chichester, the presentments are, out of euery Hundred, set vnder [Page 270] his Rape, and ouer euery Hundred is writen (before the Iurors) Alder. Iuratorum with a name prefixt, then Electores Iuratorum with two names, and next the Presentors. What Alder. is, if not Aldermannus, I haue not yet at all vnderstood. Touching the Hydes of land there spoken of: Diuers are the opinions of the quantity of a Hyde, some make it a v. Roger. de Houeden part. 2 fol. 443. post illorum Turbam, qui de hac re. hundred Acres, others (and with them our Monks vsually concurre in their Stories) the same with a Carue, that is a Plough land. What the certainty is, I could not yet satisfie my self. But its plain that the ancient Taxes and Subsidies extraordinarily paid to the Crown, were chiefly leuied by Hydes, and are calld Hydagia or Hydagium; a word vsd in K. Edreds Charter to the Abbey of Crowland dated DCCCC. XLVIII. where the print of Ingulphus hath falsly Hydagro, for Hydagio. By Hydes chiefly the land of the Kingdome was reckond in Domesday, and the Aides taken in the infancie of the Norman State here, was Hydage. Euery one knows so, that knows the stories of that time. Sunt (saith De Acq. Rex. Dom. lib. 2. cap. 16. §. 8. Bracton) quaedam communes praestationes, quae seruitia non dicuntur, nec de consuetudine veniunt nisi cum necessitas interuenerit, vel cum Rex venerit, sicut sunt Hidagia, Coraagia (so is the print; I would willingly read Foragia, seruing well for the Kings prouision, as in the Empire anciently Fodrum) & Caruagia, & alia plura de necessitate & ex consensu communi Totius Regni introducta. Here hee makes a difference of Hydagia and Caruagia, whence it should follow that Hyde and Carue are different. And so will it appeare plainly that they are, if you but obserue that transcript of part of Domesday, inserted by Ingulph in his storie of Crowland. That Caruagium is also Carucagium. Eodem tempore (saith Matthew Paris, speaking of Hen. III.) caepit Rex Carucagium, scilicet duas marcas de Caruca ad maritagium sororis suae Isabellae. She was to be married to Frederique II. who had for hir portion [Page 271] XXX. M. Marks. But, whatsoeuer a Hyde properly was, resolue of two things touching it. First, that it was not alike in all places, but, as a Yard land at this day, very vncertain, varying according to custom of Countries, as indeed the Acre doth a so. Secondly, that it was anciently the chief note of extraordinarie Taxation, and that land subiect to those speciall Praestationes (as Bracton calls them) was named Hydata, and what was discharged, non Hydata. For testimonie, receiue this out of a very ancient Court book belonging heretofore to the Abbey of Ramsey, and now in my hands. Inquisitto facta Temp. Hen. 3. apud Cranfeild die sabbati proximante festum Sancti Valentini Anno Domini Ranulphi Abbatis XIIII super Terram Hydatam & non Hydatam tam liberorum quam Villanorum & seruicia eorum & consuetudines per Robertum filium Katerinae, Symon de la Bu [...]ne, Ricardum ad Ecclesiam &c.—Dicunt quod nesciunt quot acrae faciunt Virgatam quia aliquando XLVIII. acrae faciunt Virgatam & aliquando pauciores. Quatuor V [...]gatae faciunt Hydam. Dominicum non est Hydatum. Persona tenet Terram sed nescitur quantam. Nihil inde facit Domino Abbati. Quia est Eleemosyna non est Hydata. Willelmus le Heire tenet dimidiam Virgatam de antiquo feoffamento—dat Hydagium cum euenerit, nihil aliud facit. Ricardus de la Bu ne tenet vnam Virgatam—dat Hydagium quantum pertinct ad Virgatam, cum euenerit; and thus of diuers: where lesse parcells then a Hyde, pay, according to their quantitie, Hydage. Then follows: Terrae quae sunt extra Hydam, & quae non dant Hydagium, with a catalogue of diuers tenants names, lands, and tenures, and subscription of Non dat Hydagium, nec facit Forinsecum; and it seems that all of them were such as had discharge of Hydage by clayming vnder the seisin of the Abbots, after the immunitie granted. But at a Court holden there not long after, the presentment was expressely, In Cranfeild sunt XII. Hydae, [Page 272] vna Virgata & dimidia, & vna Cotland, quae continet Tertiam partem vnius Virgatae praeter Dominicum Curiae, quod, non scitur, quantum contineat. Sic computatur quantum ad Abbatem. Tota enim Villata cum Dominico computatur quantum ad Regem pro X Hydis. Quatuor Virgatae faciunt Hydam. XLVIII. Acrae faciunt Virgatam. So that by their account CXCII. Acres made a Hyde. I offer this to consideration about the Hyde, and leauing what others haue spoken of it, but to no sufficient satisfaction, I, for this place, also leaue it. Some other matters in that Saxon fragment, ingeniously I acknowledge, passe my conceit; nor can I yet vnderstand them. Those Thanes are in old Charters comprehended (if I deceiue not my self) vnder name of Ministri, and Ministri Regis. In the subscription to K. Edreds, to the Abbot of Crowland, after the Lords spirituall, the Eorles, and Eoldormen (by the title of Duces or Comites, and Vicecomites) follow
- ✚. Ego Harceus Minister interfui.
- ✚. Ego Athelwardus Minister aspexi.
and in one of K. Cnut, dated M. XXXII.
- ✚. Ego Turkillus Minister Regis audiui
- ✚. Ego Alfgerus Minister Regis aspexi.
and diuers like are in others, the word [...], being truly interpreted by Minister, or Seruiens, whence in the Princes word Ic Dien is, for Ic [...] i. Ego seruio. They were calld also Tanij. In Domesday: Tanius vel Miles Regis Dominicus moriens, pro Releuamento dimittebat Regi omnia arma sua, & equum vnicum cum Sella & alium sine Sella. Vnderstand of the Kings Thanes in Barkshire only; and note that Releuamentum is there only for the Saxon Heregeat, as our Heriot, i. a Payment [Page 273] or Dutie to the Lord. Its commonly affirmd that before the Normans the name of Baron was not in vse here. I will not bee against it, although, in K. Cnuts laws of the Forest, occurrs, Episcopi, Abbates, & Barones non calumniabuntur pro venatione, si non Regales feras occiderint. And, notwithstanding that in the Confessors laws Barones are so reckond also after Comites, I impute both these testimonies to later time and translation out of Saxon into Latin vnder the Normans, as also that of the same Kings laws, cited by most learned Camden (to this purpose) in these words: Exercituale Vitonis siue Baronis Regis, qui est proximus ei, quatuor Equi. Vnderstand by Exercituale, a Heryot. But the Saxon of that remains, and speaks in this manner. And syþþan Leg. Canuti cap. 69. Cynninges ðegnes Heregeate ðe him nihste sindon IIII. horse: of which that Latin is euen a verbal interpretation. In our English thus: And let the Heryot of the Kings Thane that is neerest to him be IV. Horse. And whereas Florence of Worcester speaks of one Adelwald vnder K. Edward sonne to Alfred, by the name of Minister Regis, Henry of Huntingdon expressy calls him Baro Regis. These conclude the identitie of Thanes and Barons, in name. It next follows with a cleerer passage, to shew what our Norman Barons were. When the Conqueror subiected most lands in the kingdome to Militarie and Honorarie Tenures, as in making hereditarie Earls; he likewise inuested others in smaller Territories, with base iurisdiction, and they were Barons, and had their Courts called Court Barons, whence, that name to this day, remains, as an Incident to euery Mannor. Because, such as had not the dignitie of Count, yet had speciall Territories with iurisdiction giuen them, of part whereof they enfeofft others to hold of them, as they of the King, generally were stiled Barons, or the Kings Barons, prouided that their lands and Manors were of sufficient reuenue and qualitie to make [Page 274] what was accounted a Baronie, which was XIII. knights Fees, and a Third part, whereof more anon where wee speak of Knights. So that their Honor was not in those ancient times giuen by Writ or Patent, but came à Censu or from their possessions, and Tenure. When the beginning of this value of a Batonie was, I find not, but plainly it was since the Normans; and, it seems, as Men of the better rank and Citizens (as before is shewd) were generally called Barones, as they were Homines or Tenentes, so some more specially honord by the Kings Bountie with so many Knights Fees, or possessing as much (I think) by mesne tenures, were accounted for Honorarie and Parlamentarie Barons. Where note how the Dignitie differed from the generall name. An old Treatise thus iustifies it: Item summoneri & venire debent (ad Parlamentum) omnes & singuli Comites, Barones, & eorum Pares, scilicet illi qui habent Terras ad Valentiam Comitatus integri, videlicet viginti feoda vnius militis, quolibet feodo computato ad viginti libratas quae faciunt Quadringentas libratas, in vel ad valentiam vnius Baroniae integrae videlicet tresdecim feoda & tertiam partem vnius feodi Militis quolibet feodo computato ad viginti libratas, quae faciunt in toto Quadringentas Marcas, & nulli minores Laici summoneri, nec venire debent ad Parliamentum ratione Tenurae suae nisi eorum presentia alijs de Causis fucrit vtilis vel necessaria ad Parliamentum. This is out of the Modus Tenendi Parliamentum, qui recitatus suit (as the title is) coram Willielmo Duce. Normanniae Conquestore & Rege Angliae, ipse Conquestore hoc praecipiente, & per ipsum approbatus & suis Temporibus, & etiam Temporibus successorum suorum Regum Angliae vsitatus. But trust not to its pretended Antiquitie. It cannot be of the Conquerors age. Many men haue copies of it, but none hath euer been seen very ancient. Yet it proues, that since the Normans, all such as had the XIII. Knights Fees, and a [Page 275] third part, were Peers to Barons, and vpon the matter Barons; that is, to be sommond to Parlament. And I ghesse, that the distinction of Barons, and Pares Baronum, is as much as if you should say, such as being immediat tenants to the King, of that worth, were the Kings Barons, and such as had alike possessions, but not honord with an immediat Crown Tenure, were, as those Kings Barons, to be in Parlament: as in Rome the Equites illustres, i. such as possest a Senators welth, had faire hope of being Senators, and wore the latus clauus of Senators, were V. Lips. Comment. ad Tacit. Annal. 11. num. 15. pari, cum Senatoribus, gradu. Which makes mee think (but 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, Hominibus (que) 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 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 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, [Page 276] & Homo suus ad Nutriendum in Domo sua. And Barones Regis & ipsius Archiepiscopi at (que) illorum Episcoporum homines multi are rememberd in an old plea 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 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 9. Rich. 1. Houed. part. post. sol. 442. & 443. report of the Aid and Hydage granted to Richard 1. the order was, that [Page 277] 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 Gower prolog. in Confess. Amantis. speaks of the whole Nobilitie;
and. an old Chez Cl. and Fanchet d Orig. liure 2. chap. 5. Romant of the French:
Where Bernage (for Baronage) is taken (saith Fauchet) [Page 278] 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 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 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 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, inuenit (que) Ducentas & Quinquaginta. Of them only now, and Parlamentarie Barons; leauing all other Notions of the word. It may easily be ghest, that when euery one had by his reuenue of CCCC. Marks a place in Parlament as a Baron, they were very numerous. Whereupon Hen. III. after his peace made with Simon of Montfort and his faction, Statuit & ordinauit (as out of an ancient, the learned Clarenceulx cites) quod omnes illi Comites & Barones Regni Angliae quibus ipse Rex dignatus est Breuia summonitionis dirigere venirent ad Parlamentum suum, & non alij nisi fortè Dominus Rex alia illis Breuia dirigere voluisset. This was in XLVIII. Hen. III. And the ancientest sommons of Parlament now remaining mongst the Records, is in the Claus. 49. Hen. 3. memb. 3. part. 1. yeer following. But we haue Statuts and Parlaments of elder time, as that of [Page 279] the Grand Charter first made in the XVII. of K. Iohn at a Parlament (or what was in those troubled times, as one) held in Runingmed, between Stanes and Windsor XV. of Iune, and that at Merton in XX. of Hen. III. to omit the Testimonies of the Saxon Wittenagemot [...]s or Micil syndod [...]s (as they calld them) and the Parlaments held vnder the Normans of ancienter time, as the I. and II. Henries, whereof our Stories enough. And in those Parlaments, as is shewed, so many Barons as would (by Barons I vnderstand here all the Greater Nobilitie) after notice of the Kings purpose, came and sate with him; whereof, because an example is in the more obscure Rolls of those times, and since the Grand Charter, giuing light also to some old passages of our Common-laws, beeing subscribed with particular names of Barons then assisting, and as yet neuer publisht truly out of the Record, the fault of Digression, I suppose, will be as none, if I communicat the forme as it speaks. In a plea Roll in the Tower, the bundle thus titled: Placita apud Theokesburiam coram W. de Ralegh, & Godfredo de Crauwecumbe ante Pentecosten, anno Regis Henrici F. Regis Iohannis XVIII. is found; Placit. 18. Hen. 3. rot. 15. apud Westmonasterium. Prouisum est coram Domino Rege, Archiepiscopo Cantuariensi, Episcopis, Comitibus, Baronibus & alijs Magnatibus & Consilio Domini Regis (by Consolium, D. R. vnderstand the Iudges, which in the yeers of Ed. III. often occurre by the name of Counsel du Roy) quod nulla Assisa capiatur Vltimae presentationis de Caetero de Ecclesijs prebendis, nec de prebenda (This of Prebends is falsly vnder 19. Hen. III. in som of our 19. H. 3. tit. Darr. Present. 23. Fitzh. Nat. Br. & Regist. Origin. vide vero. West. [...]. cap. 5. Books) Item eodem die prouisum est coram eisdem quod omnes viri Religiosi quicun (que) sunt & qui habent ecclesias parochiales in proprios vsus, habeant de caetero Iuris Vtrum. Assisas ad Recognoscendum vtrum seodum &c. sit libera eleemosyna &c. eodem modo & per eadem verba secundum quod elerici Rectores Ecclesiarum illas habent &c. & vocentur Personae in breuibus sicut & Clerici, [Page 280] exceptis Ecclesijs conuentualibus & earum feodis, de quibus nullae huiusmodi Ita Iudicatū est P. 15. Hen. 3 Bract. lib. 4. tractat. 5. cap. 2. §. 2 cas. Prioris de Lewes & Gilberti de Aquila. Assisae capiantur. And in the same Roll on the backside. Die Iouis proximo post festum Sancti Dionysij anno Regis Henrici Filij R. Iohannis XVIII. coram Domino Rege & à subscriptis, prouisum fuit & concessum à Domino Rege & à subscriptis omnibus & alijs, quod de caetero cum talis Bastardia obijciatur alicui in Curia Domini Regis, quod natus fuit ante matrimonium contractum inter patrem suum & matrem suam, mittatur loquela ad Episcopum loci adinquirendum, vtrum talis natus fuit ante predictum matrimoniam vel post, it a quod in inquisicione illa, cesset omnis appellatio, sicut in simplici Bastardia, de qua placitum transmissum erit ad Curiam Christianitatis, ita quod nulla appellatio inde fiat extra Regnum. Et ideo de Cetero ita teneatur, tam de illis, de quibus Iudicium est faciendum in Curia Domini Regis, quam de placitis, quae nondum incipiuntur, cum talis bastardia obijciatur. All this is in Bracton, but as if it were part of the Statut of Vide Stat. Merton cap. 9. Merton it being indeed two yeers before. And how it differs from the Common law in later times, euery one sees, which knows that speciall Bastardie is triable per Pais, and not by the Ordinaries certificat. The same of Darrain presentment, & Iuris Vtrum, which is in the first side of the Roll, is here again in some different words, but the same substance, added, with subscription of
- E. Cant. Archiepiscopus
- R. Cicestrensis Domini
- Regis Cancellarius.
- R. Dunelmensis Episcopus
- Episcopus Eliensis
- Episcopus Norwicensis
- Episeopus Londinensis
- Episcopus Bathoniensis
- Episcopus Exoniensis
- Episcopus Carleolensis
- Episcopus Herefordensis
- Episcopus Roffensis.
- Comites.
- R. Com. Cornubiae & Pictauiae.
- G. Comes Marescallus.
- I. Com. Lincolniae.
- W. Com. Warreniae.
- [Page 281] I. Com. Cestriae.
- W. Com. de Ferrarijs.
- Th. Com. Warwici.
- H. Com. Kanciae
- H. de Ver Com. Oxoniae.
- H. Com. Hereford.
- Simon de Monteforti.
- He was then Earle of Leicester but not so there named.
- Radulphus de Thony
- Philippus de Albiniaco.
- Radulphus Filius Nicholai.
- Herbertus filius Matthei.
- I. Marescallus.
- Galfredus de Lucy.
- Richardus de Argentine.
- Hugo Dispensator.
- Willielmus de Say.
- Willielmus Bardolf.
- Willielmus de Cantelupo senior.
- Willielmus de Cantelupo Iunior.
- Ricardus Siward.
- Godefride de Crauwcumbe.
- Almaricus de S. Amando
- Bertram de Curia.
- Engelard de Eigong [...]y.
- Robertus de Muchegros.
- Rad. de Paunton.
- Herbertus de Lucy.
- Ricardui filius Hugonis.
How these names are corrupted in Bracton, his printed De Exceptionibus lib. 5. cap. 19. §. 2. copie shews. But hee expressely and well calls all of these subscribed, Barons. This by the way. After that Constitution vnder Henry III. which his sonne Edward I. and his continued successors more specially obserued, none haue been accounted Barons (as honorarie) but such as haue been so called by Writ to Parlament (of what reuenue soeuer they bee) or created into that Dignitie by Patent. But Creations by Patent were not in vse till Richard II. who first made Iohn of Beauchamp of Holt; Steward of the Houshold, Baron of Kiderminster by a Charter in XI. of his raign. The Patent Pat. II. Rich. 2. part. I. memb. 12. thus:—Sciatis quod, pro bonis & gratuitis seruitijs, quae dilectus & fidelis Miles noster Iohannes de Beauchamp de Holt Senescallus Hospitij nostri, nobis impendit, ac loco per ipsum tempore Coronationis nostrae bucus (que) impensis, & quem pro Nobis tenere poterit in [Page 282] futurum in nostris Consilijs & Parliamentis necnon pro nobili & fideli genere vnde descendit, ac pro suis Magnificis sensu & circumspectione, ipsum Iohannem in vnum parium ac Baronum Regni nostri Angliae praefecimus, volentes quod idem Iohannes & haeredes masculi de Corpore suo exeuntes statum Baronis obtineant ac Domini de Beauchamp & Barones de Kiderminster nuncupentur: In cuius &c. T. Rege apud Wodestock 10. Octobris. The Law hath been since taken, that Baron or not Baron (as Duke or Not Duke; and so of the other created Titles by Record) is triable only by Record, and not by the Country. Whereas anciently when their Reuenue and possessions gaue the Name, or made them Barons, it might bee triable by the Countrie. Yet in ancient time after Hen. III. the Tenure 22. Ed. 3. fol. 18. a. 24. Ed. 3. fol. 66. a. 48. Ed. 3. fol. 30. b. vbi Baro Parlamentarius per partem solummodo Baroniae tenet. & consulas Stat. West. 2 cap. 46. per Baroniam, was in Parlamentarie Barons specially respected, and perhaps till the forme of Creation by Patent came in vse, none were (or few) called to Parlament, but such as held per Baroniam, or (as Briton calls it) en Baronie, which after that of Hen. III. very likely is to bee alwayes taken for Baronia Capitalis, and immediat of the King. Neither was it likely that he would sommon any but his own (the Kings) Barons: as at this day all the Parlamentarie are. When they are at first summond or created, their denominating Territorie is alwaies some Lordship or Mannor, which sufficiently tasts of their ancient being. And those two courses only of making them are at this day in vse; which notwithstanding is to be vnderstood of Lay Barons, or Lords Temporall. For, the Lords or Barons Spirituall haue not now this Honor so much personall, as feudall, and by reason of their Temporalties, being Baronies. They had not (saith Stanford a most learned Iudge of the Common law) their names ratione Nobilitatis, sed ratione Officij; and indeed ratione Baroniarum quas de Rege tenent. So that in them Baro & Baronia (meerly as it was, in [Page 283] most ancient time, taken) concurre as Coniugata; which in Lay men before that Constitution of Henry III. had like beeing. These Spirituall Lords now are only Bishops. Heretofore there were of them both Abbots and Priors; but all Bishops were euer Parlamentarie Barons, not all Abbots and Priors. To some only was that allowd and mongst them the Prior of S. Iohns of Ierusalem was Primus Camdenus. Baro Angliae, and Froissart calls him Le grand Priour d'Angle-terre du Temple. But in the Rolls somtime are many of them summond which elswhere are as often omitted. And in that of XLIX. Hen. III. are IXV. Abbots, XXXV. Priors, and the Master of the Temple. Of those Ecclesiasticall Fees being Baronies, thus Matthew Paris, speaking of William I. Episcopatus quo (que) (saith he) & Abbatias omnes quae Baronias tenebant, & eatenus ab omni seruitute seculari libertatem habuerant, sub seruitute statuit Militari, irrotulans singulos Episcopatus & Abbatias pro voluntate sua, quot milites sibi & successoribus suis, hostilitatis tempore voluit à sirgulis exhiberi. Et Rotulas huius Ecclesiasticae seruitutis ponens in thesauris, multos viros Ecclesiasticos huic Constitutioni pessimae reluctantes regno fugauit. But in their sommons, the Lay Barons are neuer saluted Barons, but by the French word Cheualier, so exprest in the Writ being in Latin. Only in ancient times where the Catalogues of them are in the Rolls, two occurre somtimes with the addition of Baro, that is, Baro de Stafford, and Baro de Greistok. Neither haue they in their Creation (except their Robes) any more ceremonie then a Charter giuen, expressing some place denominating them Of their Banner, more where we speak of Bannerets. We vsually stile them Lords, as the Dutch their Heeren, or Freeheeren. But that name with vs is but of curtesie. For, it includes not, of necessitie, Baron, nor is any distinct Dignitie, as appears by a case where the Writ was Ita n. à Iurisperitiss. intelligitur Casus ille 8. Hen. 6. fol. 10. v. Cas. Comitiss. Rutland. Relat. part. 6. Praecipe Iohanni Louell Militi, and the exception [Page 284] to it was, that Iohn Louell Knight was a Lord (Seigniour) not named so, but disallowed. Whereas the law had gone plainly otherwise, if it had bin, that he was a Baron of Parlament not named so, and the party had withal shewd to the Court a Writ signifying the same. Yet Seigniour is only vsd for a Baron in our 22. Ed. 4. cap. 1. D'Apparaile Statuts, and the word Dominus is that which the law vses in expressing a Baron when he is either Plaintife or Defendant, as Henricus Barkeley Miles Dominus Barkeley, and versus Georgium Zouch, Dominum Zouch, Saintmaure, & Cantelupe, which occurre in Plowden. So that the name of Honor giuen to a Baron in legall proceedings, is alwaies but Dominus with addition of the denominating place. But when the priuiledge of beeing a Baron is challenged, or exception for not naming the partie so, testimony of Record must be produced, that he is Baro Regni, and that hee hath vocem & locum in Parlamento, as the books are. Which Difference for the name of Lord is obseruable; and to bee vnderstood r 48. Assiss pl. vlt. 48. Ed. 3. fol. 30. b. 35. Hen. 6. fol. 46. a. chiefly of Temporall Barons. But also both that of Lord and Baron is at this day by vsuall application of language, attributed with vs to some which are neyther by law: as, especially since the vse of making euerie Earle, first a Baron of some place (which began, as most worthy Clarenceulx teaches, about Hen. VIII.) it hath been a custome to stile their heires apparant Lords and Barons, with the title of their Fathers Baronie: so of Viscounts their heires apparant. But this is only a peece of Courtship and meer fashion; Yet allowd in Heraldrie: wherein Tiptosts rule (he was Earle of Worcester, and High Constable of England vnder Hen. VI.) is that the eldest sonne of euery one of a created degree is as of the next degree vnder him, which may be applied to Dukes, Marquisses, and the rest. But in legall proceedings they enioy no such matter, nor haue by their being heirs apparant, any prerogatiue of the [Page 285] Greater Nobilitie. The same is to bee affirmd of a Dukes sonne and heire, whom custom titles by his fathers Earldome, as the example was in 38. Hen. 8. lit. Treason 2. Henry calld Earle of Surrey, and sonne to the Duke of Norfolk, vnder Henry VIII. beeing attainted of Treason by a common Iurie, and not by Peers or Barons, because he was in law as one of the meaner or lesse Nobilitie. In Scotland before 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 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. At (que) nunc sermone Anglico patrium superante, Regionum Thani pleris (que) 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 Sken. in Reg. Maiestat. lib. 4. cap. 31. called a Thane, Tosche, and the sonne of a Thane Mac-tosche. But after Malcolm [Page 286] 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 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 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 cuiuscuu (que) 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 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 [Page 287] 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 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 Cl [...]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 speak [...]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 [Page 288] and assist with his presence at their Parlaments; which is confirmd also by other 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 Offi [...]ar or be Writ. But vnder Iames IV. Parl. 6. Iacob. 4. cap. 78. it was enacted that na Baronne, Freehalder, nor Vassal quhilk are within ane hundredh markes of this extent, that now is be compelled to come personally to the Parliament, bot gif it be that our soueraine Lords write specially for them. And sal not to be vnlaued for their presence, and they send their procuratours to answere for them, with the Baronnes of the Schire, or the maist famous persons. And all that are aboue the extent of ane hundreth markes to cum to the Parliament, vnder the paine of the auld vnlaw. Which Acts I haue the rather transcribed, because out of them fully appears the difference of their Lords or Parlamentarie Barons and their Lairds or only Barons by name. For those Freeholders not Parlamentarie, are no longer honorarie, or Barons in the best degree, but meerly as poss [...]ssors of a small Territorie, and are (being Lairds) beneath Knights; and with them reckond as our Commons, which consist in Freeholders. But those other, which are part of the Lords temporall, are in proportion with ours of England. But both theirs and ours are much different from those of France, and of a superior note: for, as is alreadie shewd, the French Barons are Seigneurs mediocres, and hold not of the Crown, whereas all both Scotish and English, being Parlamentarie, haue no other Tenure, if you respect the dignity as held, or other originall, if you regard their Creations. In L'oyseau des droicts de Med. Seig. chap. 8. §. 10. France as Dukes, Marquisses, Counts and Princes haue the priuiledge of bearing a Coronet on their Armories, so Vicounts, Barons, and Chastellains haue [Page 289] the speciall honor of the Gilt Helmet, and bearing it open. But, saith Paschal. de Coronis lib. 9. cap. 13. another of France, Barons may wear Non quidem laminam integram & latam sed tenuiorem ac restrictiorem ac veluti circulum, siue gracile vinculum aureum. In Spain, their Ricos hombres, which had Knights Vassalls vnder them anciently (the name, I think, not now vsd mongst them) were neerest as Barons in other States, and, if I am not deceiud, are so now calld. For a Corollarie to this Discourse of Barons, we add (and that enough opportunely) the ancient title of Vacuassours, or Valuasors. They questionles began in the Empire, when the other Dignities of Duke, Marquesse, and the like. In the name of Valuasores-Regis and Regni and Maiores, were comprehended Duke, Marquesse, Count, and Capitaneus; howsoeuer others otherwise interpret. Read this in the beginning of the Feudals: Dux Marchio & Comes feudum dare possunt, qui propriè Regni vel Regis Capitanei dicuntur. Sunt & alij qui ab istis Feuda accipiunt, qui proprie Regis vel Regni Valuasores dicuntur sed hodiè Capitanei appellantur. Qui & ipsi Feuda dare possunt. Some hence inferre, that Ualuasores Regis aut Regni, or Maiores, were such as had their Feudal Honor vnder and from Dukes, Marquesses, or Counts; insisting vpon the words sunt & alij qui ab Istis &c. Where, vnder fauor, Istis is to bee refer'd to Regni vel Regis, as if the Composers of those laws had said, there are others also calld Capitanei and Valuasores or Capitanei Regis haue their best Dignitie. Autoritie of the same laws, in another passage, maintains it; where after an enumeration of the Three chief Feudal Honors, is added: Qui vero a Prineipe vel ab aliqua potestate de plebe aliqua, vel plebis parte, per Feudum est inuestitus, is Capitaneus, appellatur. And then, Qui proprie Valuasores Maiores olim appellabantur. What can be more plain then that Valuasores Maiores are referd to Dux, Marchio, Comes & Capitaneus. [Page 290] So that, as all Dignities aboue Baron is included in the Baronage, yet Baron a distinct Title; so all were called Capitanei Regis, & Ualuasores Maiores, yet Capitaneus (the same with Valuasour anciently) a particular and separat Dignitie. The name of Capitaneus occurrs somtimes in the Epistles of Peeter de Vineis, Secretarie to Frederique II. and the Dignitie, in abstract, is calld Pet. de Vineis lib. 6. Epist. 22. Capitania. It was the self same word, which we vse in the Warres, Captain. And thence had the later Grecians their [...] and [...], and [...]; and for the Office or Dignitie [...]. Neither in the Feudall law is any name more competent to the Honorarie and Feudall Baron then Capitaneus Regis, or Ualuasor Maior. The Feudalls go on: Qui verò à Capitaneis antiquitùs Beneficium tenent Valuasores sunt. That is, as of necessitie it must bee vnderstood, Valuasores minores, or simply Valuasores, and thereby distinguisht from the other. Qui autem à Valuasoribus Feudum quod à Capitaneis habebatur, similit er acceperint, Valuasini, id est, Minores Valuasores appellantur: where the great Lawiers Hotoman and Cuiacius, not so much regarding the words of the text as the substance of the matter, make the diuision of Ualuasours into Valuasores Maiores (i. of the first Rank, and Capitanei) Valuasores Minores (simply here calld Ualuasores) and Valuasini, or Valuasores Minimi, which are stil'd here Minores; as if in our language you should say, Lord Paramount, being at lest a Baron (not King) Mesne, and Tenant-perauaile. And all these there were accounted Titles Honorarie in the Empire, after such time as all Honor discendible became Feudall, wherof more presently. There were anciently Valuasores also in France. Ieffrey of Vendosme in an Goffrid. Vindocinens. lib. 2. Epist. 32. Epistle: Praeter ista & multa alia damna Dominus Ioannes filius Comitis Vindocinensis, & cum eo quidam Valuassores Milites de Castro Vindocini, quandam Optimam Obedientiam nostram depredati [Page 291] sunt. Where Sirmond the Iesuit notes this inscription mongst Sugerius his Epistles: Sugerio Abbati Domino suo G. Maior & Valuassores, & tota sancti Richarij Communia. And adds of his own, that Valuasours are the same which they now call Nobiles atque incolae Oppidi alicuius, whereto, without reference to a tenure, I assent not. And a great Ex Butelerij sum. Rurali Hotomanus in Verbis Feudalibus. Lawier allows of this definition (or rather description) of their Valuasor: Valuasor dicitur Nobilis, qui summae Coercitionis, non etiam nundinarum & mercatus ius habet. Vn gentilhome qui a Seigneurie de haute Iustice. Est (que) (saith Hotoman) Barone inferior at (que) ab eo feudum suum obtinet. In the old customs De parties [...] heritage chap. 26. & 34. of Normandie, the Tenancie of a Valuassour (vnderstand chiefly of the meanest) is titled Vauassourie. L'heritage (the words are) est appelli partable en quoy le Seigneur ne puit reclamer nulle garde, sicome sont Vauassouries, & tout auter tenement villain. Where the French Glosse saies that you must take it spoken des vauassouries non noblement tenus, affirming that other Vauassouries there are noblement tenues. These ignoble Vauassouries are elswhere in the same Custamier rememberd, and thus described: Les Vauassouries sont tenues par Sommage & per seruice de Cheual. Which the Glosse interprets: Parcemot [& par seruice de Cheual] sont entendus Villains seruices qui se font a sac & a somme lesquels on appelle cōmunement sommages; so to distinguish this seruice de Cheual from militarie seruice known by the name of Chiualrie. For, that Somme and Sommage is questionlesse from the Greeke [...], i. that which is laid on a Sumpterhorse, either as his burden, or as the Pack-saddle for easier carriage. Whence they call such horses or other beasts so employ'd, Suidas & Le [...] Tactic. cap. 5. §. 7. & cap. 6. §. 29. [...], & [...], because they beare [...], i. burdens. Hence had the Latins their Lamprid. in Heliogabal. vbi & vide Is. Casaubon. quin & Isidor. Origin. 20. cap. 16. Sagmarij equi, caballus sagmarius, and mula Sagmaria; and those of the later and more barbarous times turn'd it into Summarius, and Saumarius; [Page 292] from which, Sommage and Chart. de Forest. artic. 14. videsis Bracton. lib. 2. cap. 16. §. 6. de vno equo & sacco cum brochia. Summagium easily grew; vsd also in our Law. After the Norman Conquest, Vauassors were in England, and by that name mention'd in the Laws of Henry 1. and perhaps were a kind of feudall dignities twixt Barons and Knights. For Bracton reckoning Counts and Barons, puts Vauasors before Knights, and thus of them: Sunt & alij qui dicuntur Vauasores, viri Magnae Dignitatis, Vauasor enim nihil melius dici poterit quam vas sortitum ad valetudincm. Speciall remembrance of this Dignitie in our English Monuments is seen scarcely, and the Title long since worne away. Yet Chaucer describing his Franklein, whom hee makes a better Hous [...]keeper, then in hast are mongst the best to be now found, thus mentions the Name:
It's likely that he gaue him this Title, as the best, and aboue what he had before commended him for, Neither would he haue put it as an addition of worth to a Sherife and a Countour, vnlesse it had bin of speciall note and honor. For a Countour was (if I am not deceiu'd) a Sergeant at Law, knwn also then by both names. Countors sont Serieants (saith the Mirror [...]bezle seigneur Coke en l'epist. du 9. liure. of Iustices) sachans la ley del Royalm. and the Custumier of Normandie: Il est appelli Conteur que ascum establist à parler & conter pour soy ea court. The word is interpreted by Narrator. Often in the Plea Rolls of Henry III. you haue per Narratorem suum. In the old Scotish laws there are Subuasores, which were as the Uauasini [Page 293] in the Empire. Illi qui Malcolm. Mackeneth. Leg. cap. 8. §. 8. tenent de Militibus qui vocantur Subuasores leges tenebunt, &c. and the Valuasores minores of the Empire, were as the Milites or immediat seruants to Barons in Scotland. The Ciuilians commonly deriue the word à Valuis, quia asside bant valuis, i. portis Dominorum, on feast dayes. I am very suspicious of their conceit. But it will be clear that it's compos'd (at least in part) out of Vassi, or Vassall, wherof presently, speaking of Feuds.
The more common opinion of the beginning of Feuds Militarie. The Feudall Customes by whom and when compos'd. Nobilitie of the Empire grounded on Feuds. A better and more true opinion of the Originall of Feuds, as they came into the Empire. [...], in the Eastern Empire. Vassi and Vassall; Gaesa, or Gaisi. Communitie of Gu. Qu. and W. Guassdewr. Vassallus, if a dimmunitiue of Vassus. A kind of Feuds very ancient in the Roman Empire. The attendance of the Tenants of the Empire at the Coronation, anciently. Militarie Fiefs in England, how before the Normans. Expeditio, Pontis extructio & Arcis Munitio, vsually reseru'd in the most indulgent Charters of the Saxon Kings. Trinoda Necessitas. Wardships, In England and Scotland, when First. Deriuation of Feudum and Alodium. A Charter of King Athelstan in rime. The affectation of Riming Charters in that age.
CHAP. VIII.
OF Feudall Dignities, thus much. I so call them, because their Origination as they now remaine [Page 294] Honorarie, is chiefly referd to the first disposition of Territories and Prouinces in Feudall right vnder the French and German Empires. The beginning of Feuds cannot but be here necessarie. The common opinion supposes it in the Longobards or Lumbards a Northern Nation. Their incursions into Italie (vnde iura Feudorum, saith Bodin, in vniuersam Europam fluxerunt) and greatnes there began vnder Iustin 11. about D LXX. of our Sauiour. Millan was their seat Royall, and in it their first King Alboin inaugurated. And its commonly affirmd, that they brought the more formall and frequent vse of Militarie Feuds thither with their other customs: hauing had mongst themselues the vse of them, very aucient. Which, it seems, the Cimbrians (vnder that name all Northern people, of Europe specially, were anciently comprehended, and so in it the old Longobards) thought of, as a matter vsuall in their Nation, when heretofore being bar'd out of Spain and Gaule, they requested the Roman State, Florus lib. 3. cap. 3. vt Martius populus aliquid sibi terrae daret quasi stipendium: Caeterum, vt vellet, manibus at (que) armis suis vteretur. For Militarie Feuds had therin only their being, that the Tenants should be readie for defence of their Lords with Martiall accoultrements. When by the French Charlemagne the Lumbardian Kingdom ended, these Feuds still remained, and vnder him they were vsually giuen for life, with Dignities annext. And, when in A. DCCCXL Otho the Great, the German Empire was, hee made the Dignities Hereditarie in Feudall right, as before is exprest. The forms of the Fealtie and such like of these times are extant, and inserted in Sigonius his Storie de Regno Italiae. Of them in generall terms thus the Feudall customs: Antiquissimo tempore sic er at in dominorum potestate connexum, vt quando vellent possent auferre rem in feudum à se datum. Postea verò eò ventum est, vt per annum tantum firmitatem haberent. Deinde statutum est vt vs (que) ad vitam [Page 295] fidelis produceretur. Sed cum hoc iure successionis ad filios non pertineret, sic progressum est vt ad Filias deueniret. Those laws and customs belonging to them were composd as they now are, vnder Frederique Barbarossa about M. C. L. by Gerard Neger and Obert de Orto, two Consuls of Millan. Which, it seems, was the rather done, because about that time the Volumes of the Roman (i. what wee call the Ciuill laws) began to be newly in request, and, as it were, awakt out of that neglect, wherein they had neer D C. yeers slept, as of no reckoning among the Lombards, and were now publiquely read and profest in Bologna by Irnerius the first publique professor of them after Iustinian's time. Its likely that the Lombards thought it presently requisit to put their Feudall customs into Writing and forme, and vnder Titles, as well as the Romans had don their ancient Laws. What was then performed by the two Millanois, hath since been betterd, and for publique vse inlarged by that most learned Lawier Cuiacius, and is as a part of the Ciuill law, for Feuds. Vpon that innouation of Otho 1. in giuing patrimoniall and Feudall Honors, with prerogatiues in the committed Territories, Noua Nobilitatis ratio (saith Sigonius) in Italiam est inducta, vt ij demùm soli Nobiles iudicarentur qui ipsi aut eorum maiores his at (que) eiusmodi alijs honestati priuilegijs essent. nam hanc consuetudinem successores eius non omiserunt, sed etiam multis partibus adauxerunt. He collected it perhaps out of this passage in the Feudalls: Qui ab antiquis temporibus beneficium non tenent, licet nouiter à Capitancis seu à Valuasoribus acquisierint plebeij nihilominus sunt. Which some interpret, as if no other Nobilitie had been but what had proceeded from the possessing an ancient Feud by gift or inuestiture from the Emperor or some Valuasor. But I rather follow the conceit of learned Hotoman, which collects thence only that a new purchase of some Noble Feud, without ancient [Page 296] inuestiture, or many yeers continuance of possession, ennobleth not. And doubtlesse other Nobilitie mongst them was, as Gentrie and Knighthood. But, indeed, none Feudall, except such as had its root in some of those Titles bestowd. The common opinion, of the Originall of Feuds, thus. But vnder fauour, they rather, to this purpose of Nobi [...]itie, should bee deriud out of France. For although it be true that mongst the Lombards they were, and anciently, yet plainly, before the French Empire, in France they were, and that hereditarie, if their ancient laws deceiue not. For, what els was their Terra Salica but as a Knights Fee, or land held by Knights seruice? It was so adiudged in the Parlament at Burdeaux, as in the first Chapter is rememberd. And those Salique laws are supposd much ancienter then the Lombardian Kingdome in Italie. Vnder the Lombards also, such Dignities as they had were, by Feudall right, giuen in inheritance, as in storie is affirmd of K. Autharis, that inuested his Duces or Gouernors of Prouinces, of their Territories to them and their Heirs Masles, which was not imitated by the French Charlemagne or his successors, nor in vse till the beginning of the German Empire. How then is it likely that the imitation of the Lombards Feudall laws was cause of Feuds in other places? Referre them chiefly to the Salians or French, and you shall come neerer Truth. The Salians from Pharamunds time, and doubtlesse before had them; in France they continued: Charlemagne according to the custom of his own patrimoniall State, brought them into Italie, where, although they were before him, yet that continuance they then had is thus to be referd to Charlemagne, that is, the giuing of them for life with those Dignities before spoken of, and the gift of them in inheritance, as they were meerly Fees Militarie: But the inheritance of them beeing annext to Honorarie Titles, may well be allowd to Otho's time, [Page 297] which yet could not be if their Originall and continuance were to be drawn through the Lumbards, by reason of that example of Autharis. How much this differs from common opinion, men that hauc read do know; and if they haue well read, will, I coniecture, be of my mind. Out of the Empire, by imitation, it seems, or by generall consent of Nations, most part of Europe took their forms of Feudall possessions: but by imitation, doubtlesse, those Dignities of Feudall right. The identitie of names in the Empire and other Kingdoms iustifies it. Neither was the Eastern Empire of later times without Militarie Feuds. To this day remains a Constitution of Harmenopul. [...]. 1. tit. [...]. Constantin Porphyrogennetus, against alienation of them. They called them [...] i. Militania. [...] (are the words of the law) [...] i. that it be not lawfull for Souldiers (Milites) to alien those possessions, by which Knights seruice (so in our law you may interpret it) is maintaind. The Tenants of Feuds in the VVestern Empire, and now euery where in Europ, are known by the name of Fideles, Homines, Uassi, Vassalli, and the like. The reason of all their names except Vassi & Vassalli is manifest. Some deriue them from Bas, which in French and other languages of note, expresses an inferior. But the word is so inferior to many which are denoted by Vassi or Uassalli, that I cannot bee of their mind. Euen a King, if hee hold a Dukedom of another King, is rightly called his Vassall, or Vassus. VVhich (to leaue friuolous coniecture) may be deduced from the old Gaulish word Gues, Guas or Gais for a Valiant or Militarie man, then by which name, what might one, that held his lands vnder a tenure to be so, more fitly bee titled? And, that those words were of such signification mongst the Gaules (the ancient people of France before the French, and extended farre larger in name then all France) may [Page 298] bee noted out of that of In Aeneid. 8. Seruius vpon Uirgils
Gaesa (saith hee) Hastas viriles. Nam etiam Fortes Galli Gaesos vocant. Now, the communitie of G, Gu, and V for W in words made of Latin Idiom out of Dutch, Gaulish or other language, is not vnknown to any. Who sees it not in the familiar vse of the names, of Walter, Gualther, William, Guilielm, Ward, Guardia, Uasto, Guasto, and the like? so our What is to the Scots Quhat, which or whilke, quhilke: and how common G. and Q were in pronunciation, and mongst the Latins, Lips. de Rect. pronunc. Ling. Lat. cap. 13. the learn'd know. And the Latins hauing no such letter as W (in that sort as the Gauls vsd it) were compelld to expresse such words as they began with W, by Gu, as some do now by Qu. yet the omission of the u in Gaesa might not amisse be, when they had in vsing it, pronounc't G, as in Gu, or as g in Lego. Thus might Gaisi, or Gaeisi easily be made of Guass or Wass, and then Uass, and Vassi, in our now vsd sense, which is well confirmed out of that which most [...]earn'd Clarenceulx hath obseru'd, vpon Seruius his word Gaesi, in fitting to it as a synonomie the Brittish Guassdewr, signifying 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 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 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 [Page 299] 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 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 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 Fl. Vopiscus in Probo. Territories in Isauria, to his old souldiers, addens, vt eorum filij ab [Page 300] 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 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 Otho Frisiagens. de gest. Frederic. lib. 2. cap. 12. autor thus deliuers it: Est consuetudinis Regum Francorum quae & Teutonicorum vt quotiescun (que) ad sumendam Romani imperij Coronam, militem ad transalpizandum coegerint, in praedicto Campo (Roncalijs) mansionem faciant. Ibi ligno in altum porrecto scutum suspenditur, vniuersorúm (que) 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 quicun (que) nocturnis vigilijs defuisse deprensus fuerat, denuò ad praesentiam Regis, aliorúm (que) principum vel virorum illustrium euocatur, sic (que) 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 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 [Page 301] 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 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 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 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 & Ecclesiae Regni mei à Publicis vectigalibus, Operibus & Oneribus absoluantur, nisi instructionibus Arcium vel Pontium, quae nunquam vlli possunt relaxari. But these were not so much by reason of Tenure, as generall subiection to occasions of State, and accidentall necessitie, and supply of wants to common good. Those kind of Militarie Fiefs or Fees as wee now haue, were not till the Normans; with whom the [Page 302] custom of Wardships in Chiualrie (they began not vnder Hen. III. as most ignorantly Ranulph Higden the Monk of Chester, and Polydore tells you) came into England. But before that, Wards were in Scotland, if their Stories and laws of Malcolm II. deceiue not. When he distributed the Kingdom into Tenancies, then Omnes Barones (saith his laws) concesserunt sibi Wardam & Releuium, de haerede cuiuscun (que) Baronis defuncti, ad sustentationem Domini Regis; although Buchanan rather guesses, that Scotland had this custom by imitation of the English or Normans. But in this Malcolm's time, Wardships were not at all in England. Of the originall and vse of Militarie Feuds thus much. With the Roturier or base tenures, this place hath not to do. Only a word or two of the names of Feudum and Alodium. The deriuations of both are diuers. For Feudum; I am somwhat confident that its root is in Fides, howeuer by different writing thence varied: and from it is our word Feild, which was anciently Feud and Feuld, as in the names of Rotherfeud and Losfeuld (for Rotherfeild and Losfeild) occurring with diuers like in old Rolls, is apparant. The Vassals are stiled Fideles in Latin, and Drudi i. True from the same word in Teutonique. From what others herein multiplie but rouing farre f [...]om the mark, I purposely abstain and from the coniecture of some, because they are too ridiculous. Alodes or Alodium signified anciently what in the more strict sense Enheritance doth in our law, that is, lands descended from the ancestor; and Alodes and Comparatum are Vide quae adnotanit H. Bignon. ad Marculph. Formul. lib. 1. cap. 12. opposed often, as Purchase and Enheritance. Now euery Feud or Fief paid a Releif or Heriot vpon death of the tenant, and the Heir or successor came in alwaies (as at this day) in some fashion of a new Purchase. But where no tenure was, there the enheritance discended freely to the Heire, who claimd it alwaies meerly from his ancestor. Out of this difference, [Page 303] I imagin, the names of Feudum and Alodium were translated to make that distinction which is vsually twixt them: whence Alodium now abusiuely denotes chiefly lands possest without seruice or subiection, except only acknowledgment of superioritie in the Giuer. This may hold better then that from Leudes, or any which I haue seen. An example of Alodes or Alodium the great Lawier Hotoman specially takes out of an old Charter made to one Paulan, by our King Athelstan, which is Hector Boeth. lib. 16. rememberd to haue bin found amongst the spoiles of Warre in Westmerland, by the Scots, vnder their Robert II. As the words were, I insert it:
The simplicitie of that age is euen pictur'd in it. An age when misnomers, misrecitals, being deceiud, & such like did not make void the Kings Patent. Nor doth it in substance differ from the Conquerors gift of the Palatinat of Chester, whereof before. And both in this of Athelstan, that of the Apud Camden. in Essexia. Hundred of Dauncing and Chelmer, by the Confessor to Randolph Peperking, and others extant of about the Conquest, shew the affectation that age had to Riming in Charters. Wheras now Prose without difficultie makes not one sufficient. This of Feuds belongs more specially to the Dignities alreadie spoken of, but also hath its vse in the vnderstanding of the nature of our ancient Knights (in regard of the tenure of their Fees) to whom wee make the next passage.
Knights. Time of taking the Virilis Toga. Custome of the Gaules in their Childrens taking arms. Of the Germans. Adoption per arma. The Custome of the Longobards for the Kings sonne sitting at Table with his father. Knighting; by Girding with a Sword. Cingulum Militiae. Amittere Cingulum. Som not comming in sight of the Emperor, but Cincti. Minerua Zosteria. Balteus. Knighting by a blow giuen on the eare, anciently in the Empire. First Mention of a knight made in England. The ancient and holy ceremonies in Knighting. The Marshall's fee anciently at a Knighting. Kings Knighted by their Subiects. Subiects Knighted by Subiects, although not Lieutenants. Eques Auratus. One Prince may Knight in another's Territorie. Infanciones. Freedom to a Villain by Knight-hood. Knighting by Los Ricos hombres in Spain. A Knights Fief, or Fee. Who may be compeld to take the Order. Census Equestris. Miles sine Terra. Inquisition of such as held Knights Fees, and yet were not of the Order. A Knight's Furniture by our law anciently not subiect to an Execution. The Armes of a Knight descending to the Heire. Ius Sigilli, in a Knight. Gold Rings, and ius Aureorum Annulorum in Rome. Their Equestris Ordo. Ancient fashion of Manumission in England. Seales when first in England. The generall vse of them in most Nations. The Iewish instruments of Contracts. Their [...] and the Starra in the old Rolls. Triall by a Iurie of Iews and Christians, and their othes. Difference of Paruum Sigillum, and Magnum Sigillum. Aide a faire Fitz Cheualer, de Rancome, & de Marriage. Of what lands and when the first and third kindes are to be leuied. The name of Knight in most languages from a Horse. What it is, and whence in our and the German vse. Cnihtes. Rodknights. Miles and Chiualer, one. Seuerall Notions of Miles; oppos'd against Sokmans, Burgesses, Villains, [Page 305] Tenants in Ancien demesn, and Seruientes. Liberi Homines. Solidarij. Knights Bachelors. Som coniectures whence that name. [...], and Buccellatum. The fashion of Degrading a Knight. The example of Sir Andrew Harkley. Of Sir. Ralph Grey. Losse of the hand to a base fellow striking a Knight.
CHAP. IX.
HOweuer diuers Orders of Knighthood being, there are mongst them which take precedence of KNIGHTS of the Spurre, or those which generally are known by the name of Knights, yet by institution and vse of all States, They are the ancientest, and shall here go first; because also the other Orders are but late attributs, according to the seuerall inuentions of particular Princes. As in Rome, Children vntill XIV. yeers of age (for so will the time be, although some places of good autors misconceiud hath perswaded som otherwise) vsing their Toga praetexta, the ensigne of Infancie, did then take VirilisToga, or habiliment of manhood, according to the increasing hopes of their worth, so in the Northern parts of Europe, about that age, the sonnes of Princes, and others of Noble Rank, vsd to receiue Armes from a superior, as a token of what they would bee, that is, Martiall Knights in seruice for their Country, whereto though all were bound, yet they specially by reason of those ennobling ornaments. Of the old Gaules its in a manner, affirmd by De bello Gallico lib. 5. & 6. Caesar, speaking of Induciomarus a Gaulish Prince about the Rhine. Armatum Concilium (saith hee) Armati (ita mos gentis erat) in Concilium venerunt. De Gallis Liuius. Dec. 3. lib. 1. indicit. Hoc, more Gallorum, est initium Belli, quo, lege cummuni, Puberes armati conuenire coguntur. And, of the Gaules in generall: In reliquis vitae institutis hoc ferè ab reliquis differunt, [Page 306] quod suos liberos, nisi cum adoluerint, vt munus Militiae sustinere possint, palam ad se adire non patiantur; filiúm (que) in Puerili aetate, in publico, in conspectu patris assistere turpe ducunt. Which, although he make as proper to the Caules, yet that large Nation of the old Germans, euen bred out of, and continuing in their Being through warre, had almost the like custome. All they did, was while they were accoultred with Armes; eyther Priuat or Publique. Neither yet did any vse or beare them, vntill hee was honord with a Speare and Target in their State assemblies. Tacitus, of them, affirms it. Nihil, saith he, ne (que) publicae ne (que) priuatae rei nisi armati agunt. Sed arma sumere non ante cuiquam moris, quam Ciuitas Haec fere verbatùm habet 10. Auentinus Boior. Annal. 6. vbi Ludouicus Dux. Boiorum arma suscipit militaria dono Frederici Imperatoris. suffecturum probauerit. Tum in ipso Concilio vel Principum aliquis, vel Pater, vel Propinquus, Scuto frameáque Iuuenem ornant. Haec apud illos Togae, hic primus Iuuentae honos: ante hoc domus pars videntur, mox Reipublicae. For that of their going alwaies arm'd; it differs not from the more ancient vse of the Graecians, who Thucydid. lib. [...]. & Aristot. Politic. [...]. cap. 5. before learning mollified them, and brought their Rudenesse to a Ciuilitie, continually [...] i. went arm'd, or ferrum gestabant. This forme of taking Arms by yong men from Publique autoritie, was in those daies a ki [...]d of Knighting, whence the fashion since, and now vsd, had questionles it's origination. And mongst other of the Northern Nations, there was an Adoption by giuing of Armes, wherein the Adopted had approbation of his qualitie by the iudgement of some Prince, which agreed well with Knighting. So you may say that the King of the Heruli was Knighted by Theodorique K. of the Ostrogoths or East Goths in Italy. Per arma (saith his Cassiodor. Var. 4. Epist. 2. Letters of it, to him) fieri posse Filium, grande inter gentes constat esse praeconium. Quia non est dignus adoptari, nisi qui fortissimus meretur agnosci. In sobole frequentèr fallimur. Ignaui autem esse nesciunt, quos iudicia pepererunt. Hi [...]gratiam non de Natura sed de [Page 307] solis meritis habent.—Et ideò, More Gentium & Conditione virili, Filium te presenti Munere procreamus: vt competentèr per Arma nascaris, qui Bellicosus esse dignosceris. Damus quidem Tibi Equos, Enses, Clypeos, & reliqua instrumenta Bellorum: sed, quae sunt omnimodis fortiora, largimur tibi nostra iudicia. Summus enim inter Gentes esse crederis, qui Theodorici sententia comprobaris. This was their Adoptio per Arma, which Iustinian also vsd in Honoring of Idem Variar. 8. Epist. 1. & 9. de Gesimundo. Eutharique K. Athalarique's Father. Neither was, by this kind of adoption, any possibilitie of succession or kindred gotten, but only this Military honor. Which is confirmd out of that of Cabades the Persian King, who sent to the Emperor Procopius de Bell. Persic. [...]. Iustin, desiring him to adopt his sonne Cosroes. But the Emperor, being perswaded by one of his Counsellors, Proclus, would not do it in the forme of Roman adoptions, whence a kind of agnation grew, and hereditarie right, but sentro the Persian after mature deliberation taken, that hee would adopt Cosroes, after the fashion of the Barbarous, by Armes; meaning doubtlesse this custom here spoken; that so hee might satisfie the words of the request, yet preuent the succession of the Persian in the Empire, which was indeed what Cabades mainly aimd at, and therfore took the answer as jest put vpon him. To that kind per Arma, respect must be had when you read the storie of Audoin K. of the Longobards, and his sonne Alboin: where after a glorious victorie had by the conduct of Alboin against the Gepidae, the Longobards desir'd Audoin that he would be pleasd that his sonne Alboin, eius conuiua fieret, i. might vsually sit at Table with him. But the King answerd, that he could not permit that, left he should infringe their Nationall custom. Because the Kings sonne was not to dine, or sit at Table with his father vntill he had taken armes at the hands of some forrein Prince. Audoin respondit (saith the Paul. Warnfred. de gest. Langob. 1. cap. 23. & 24. Storie) se hoc facere minimè potuisse, ne Ritum [Page 308] gentis infringeret. Scitis enim, inquit, non esse apud nos consuetudinem, vt Regis cum patre Filius prandeat (not procedat, as Pithou, it seems, did read) nisi prius à Rege gentis exterae arma suscipiat. Hereupon, Alboin taking with him X L. yong Gentlemen of his Countrie, went to Turisend K. of the Gepidae (whose sonne Turismod hee had slaine in that last victorie) and shewd him the cause of his comming. Turisend nobly receiued him; placed him at Table with him, where Turismod was wont to sit, and at length (notwithstanding the barbarous conspiracies of som of the Gepidae, grieued still with their yet fresh ouerthrow) gaue him Turismod's armes, and sent him to Audoin, with whom, thenceforth he was as a Table guest. Sumens (que) Turisendus arma Turismodi Filij sui ea Alboin tradidit, eum (que) cum pace incolumen ad Patris regnum remisit. Reuersus ad Patrem Alboin, eiusdem Conuiua hinc effectus est. These Testimonies compar'd proue that in the Martiall Nations of Gaules, Germans, and some neighboring States, the Honor of taking armes (which in our present idiom may be calld Knighting) was in their Aristocracies giuen to all deseruing it by age and worth, in their Publique Assemblies, as expresly that of Tacitus shews: and in their Monarchies most likely it is, that the same kind of iudgment and approbation of Valor and Nobilitie which a forrein Prince vsed in that honorarie adoption to the sonne of his neighbour Prince, or his neighbour Prince self, was to other subiects vsd by the Princes themselues; thinking, and not without good reason, that it was more honorable for their sonnes to take armes of some other, left affection might seem to preuent iudgment, when the father gaue them. And at length both Princes and subiects receiud the Order oftimes of subiects, as in examples anon plentifully appears. Out of the customs of these ancient and Northern Nations came it, that afterward Knighthood was [Page 309] by girting with a sword; and the difference twixt making the Princes sonne, and other his subiects Knights, as to this rememberd purpose, grew out of vse. Frederique Barbarossa in M. C. LXXII. held a great feast at Mentz, and that, vt filium suum (are the words of an Arnold. Lubecens. hist Slauor. 3. cap. 9. v. Radeuic. de gest. Frederic. 1. cap. 6. alios innumeros, aeui medij. Ancient) Henricum Regem militem declararet & Gladium Militiaesuper femur eius potentissimum accingeret. So in France, England, elsewhere, the Kings made their sonnes Knights (as at this day) although sometimes they requested it, keeping the steps of that Longobardian Custome, of a neighbour Prince; as examples in their place shall shew. And for that of Girding, I will not with the vulgar deriue it so much from Rome, as from a generall consent, or rather conueniencie mongst all people. It's true indeed that in the Roman State the Cingulum militiae was the speciall note of that honor, and was the same with their auratus and constellatus Balteus i. a Belt deckt with gold and stones, which yet was not any denoting ornament of their Equites, but of all those who had vndergone their solemne oath of warfare, and were knowne [...]. Suidas. by the name of Milites or Militantes. And these when they sate in Court Banquets, or with the Emperor, kept on their Girdles alwayes, and so their swords: especially after that of Salonin (sonne to Gallien), who on a time, being a boy, slily stole away those rich Bel [...]s or Girdles which their souldiers (Militantes) had laid off in the Court, when they sate to the Table, whereupon at the next feast they all sate Girded, and being demanded why they put not off their Belts, they answer'd Salonino deferimus, as if the fault were Salonin's, lest he should steale them againe. At (que) hinc tractus mos (saith my Trebel. Pollio in Gallienis. Autor) vt deinceps cum Imperatore cincti discumberent. Hence in Law and Storie often occurres, [...], [...]. 123. cap. 28. & [...] exautorare Herodiano, in Iuliano. V. Codin. [...]. pa. 100. i. amittere cingulum militiae, for, to be disabled to haue place or ranke in the field. [Page 310] And Cingulum Militiae, for the honor of a souldier, as also [...], i. qui Cingulum deposuerunt, are vnder Synod. Nicena, Can. 1 [...]. Constantine the Great, such as had, for Conscience, left their Military Order, in regard of the incompatibilitie of the then vsd superstitions in the Camp, and Christianitie. But more late times in the Empire, yet very ancient, haue by their Cingulum, not onely verbally, but really exprest other committed or created Dignities, as well as their common honor Militarie. Qui praesentes in Comitatu, illustris Dignitatis Cingulum meruerint, aut quibus absentibus Cingulum illustris mittitur Dignitatis, and such like, are remembred in a C. tit. vt Dignitat. Ordo seru. l. 2. Constitution of Theodosius and Valentinian; and King Theodorique to Count Colosseus Cassiodor. Variar. 3. epist. 23. giues the gouernment of part of Pannonia, in these words: Proinde prosperis initiatus auspicijs ad Sirmiensem Pannoniam, quondam sedem Gallorum proficiscere, Illustris Cinguli Dignitate praecinctus, and the Comitiua primi Ordinis Vacantis, is Idem. Var. 6. Formul. 12. calld Otiosi Cinguli honore praecincta Dignitas; and, qui, sine Cingulo, codicillos tantum honorariae Dignitatis adepti sunt, are in that constitution last mention'd. Diuers testimonies like wi [...]l offer themselues, to any reading the Codes. And, vpon Salonin's stealing the Belts, the most learn'd Casaubon obserues that it respects the old custom of Magistrates, and others like (vnderstand such as with their Office or Dignities had ius gladij, or Militarie rank) which neuer came in sight of their Prince, but (Cincti) Girded, and with other ensigns of their Title. He notes it out of Homil. in 1. ad Corinthios 26. Chrysostom: [...] (saith the holy Father) [...], that no Magistrate or Gouernour should presume to appear before the Emperor without his Belt and Militarie Coat. In which sense an Bonifacius Caus. 11. quaest. 1. c. 8. Nullus. old Popes Canon prohibiting that no Bishop should come before any Ciuill or Militarie Iudge, addes, Magistratus ne qui hoc i [...]b [...]re ausus fuerit, [Page 311] amissionis Cinguli condemnatione plectetur. And in stories of other Nations, nothing is more certain then the vse and talking of being Girded (including the sword) for well armed. In Thebes were two Statues of Minerua Zosteria by Amphitryo's; That Title was giuen to Minerua there, as the Greeks reported, because in that place Amphitryo took armes in his expedition against the Euboeans. For Zosteria comes from [...] i. accingi, which the Pausanias. [...] Baeotic. ancients vsd for [...], i. armis se induere, whereupon in the description of Agamemnon, Homer Iliad. [...]. makes him like loue in his visage, Neptune in his breast, but
i. like Mars in his Girdle, belt, or indeed, as it interprets, armor. So [...], as if you said, Cingula Bellonae, is Callimach. hymn. ad Apollinem. v. & 1. Macab. cap. 3. com. 58. [...]. very anciently for Men of Warre. And the Belt is thus by Isidore describd: Balthus, Cingulum militare est dictus propter quod ex eo signa dependent, ad demonstrandam Legionis Militaris summam, id est, Sex milium sexcentorum, ex quo numero & ipsi consistunt. Vnde & Baltheus dicitur non tantum quo cingitur sed etiam à quo arma dependent. As then, by consent of Romans, Grecians, and other Nations the Belt, or beeing girded with a Sword, was both the main part of Martiall acoul [...]rement, and vnder it the whole was comprehended, so mongst our Northerns (I meane from Italie Northward) it specially succeeded into the room of that solemn taking Armes for a Knights outward ensign of Nobilitie: the creating of a Knight in that kind, being but as an honoring his worth or hopes with Princely allowance for the field, as Iulian to Leontius Iulian. in Epistolis. granted, [...] i vsum armorum. And so great was the respect had to Souldiers, and such as were militiae cingulo honestati, in those ancient times (more particulars of priuiledges and prerogatiues you haue in the titles De Testamento Militari, and such [Page 312] like in the Imperiall laws) that heretofore our Knighting had in it the same, or one proportionat to the same, as its chief ceremonie, in which the honor by retaining, or dishonor by losing, consisted. Where obserue also, that as the Romans had their Cingulum dignitatis, and Cingulum militare, and Otiosum Cingulum, so haue some of our parts had their Gladius Comitatus (whereof before) and Ducatus and such like, and in giuing of those Titles, the Cinctura gladij, which must not, as referd to that ancient vse of making Knights per Cincturam, be supposd to be both a Knighting and a Creation of the other Dignities. But as in these confin'd vsually to some Prouince (so the old Comitiua was to speciall place in Court) the vti Imperium, gladio solennitèr dato, fuerit translatum docebit plenius P. Faber Semestrium 1. cap. 3. ius gladij for gouernment was, at lest partly, transferd, so in the girding with a sword for Knighthood, the vsus Gladij, if I may so say, for seruice in Warre; which difference is seriously to be thought on, and conferd with those Cincturae in the Creations of Dukes, Earles, Marquesses and the like before related. In the stories of about M. of our Sauiour, mention is very frequent of such as were by Princes accincti gladio, for Knighted. But before that, in the Empire was another ceremonie with the Girding that was, it seems, a blow on the eare giuen by the Prince to him whom he so honord. In the Reports of Friseland its deliuerd that Charles le magne being verie indulgent and liberall of his bountie to the States there, granted by Constitution that their Gouernor might make Knights by girding of them with a sword, and giuing them a blow on the eare, as the custom was. Eis gladium circumcingat are the words of the Dat. Romae A. Chr. 8 [...]2. Ex Mennenio. Monument, & dato eisdem, sicut consuetudinis est, manu Colapho, sic Milites faciat, eisdem (que) firmiter iniungendo praecipiat, vt deinceps more Militum sacri Imperij, aut Regni Franciae, armati incedant.—Qui Frisones signum suae militiae à dicta Potestate (their Gouernor) recipere debent, [Page 313] in quo Corona Imperialis in signum suae libertatis â nobis concessae debeat esse depicta. Another like example is at large describd in Francis Mennens, by whom is writen that in the Archiu. Louaniens. Ann. 1260. & vide Lips. Louan. lib. 3. Records of Louain a Constitution is, that none should be Equestri Balteo cinctus, or knighted, vntill hee had gone in three seuerall voyages of Warres. And note once by the way, that in the Empire as well as elswhere, Miles was in the more barbarous times both a Knight and any common Souldier, and one also that held his Fief by Knights seruice, as out of the Feudalls you are instructed. At this day in the Empire the solemnitie of Creation consists (as with vs) chiefly in touching the deseruing with a Sword, or laying it on him. So, I think, in most places of Europe; although in Charles V. his victorie against Frederique Duke of Saxonie, a great companie of Gentlemen of good merit in the late seruice were knighted by the Emperors acclamation of Seàn todos Caualieros, i. be they all Knights. But of them som obseruable particulars will best appeare, if we speake of them as they haue been in other States created. The ancientest testimonie of any made in England is vnder Alfred that honord his nephew Athelstan (afterward King) with this Dignitie. William of Malmesbury thus expresses it: Militem fecit, donatum Chlamyde coccineâ, gemmato Baltheo, ense Saxonico cum vagina aurea. But in succeeding times of the Anglo-Saxons, more religion was vs [...] in taking this Order. Neither was it done without a solemne confession of sinnes, receiuing the Sword from the Altar at the hands of some Churchman, and such like, which also hath Vide, si placit. Francisc. Mennen. Symb. & Orig. Equest. been in the Empire and France. An old Monk speaking Lambert. Schaffnaburg. in Chronico. of the Emperor Henry III. and the Archbishop of Breme, saith that Goslariae per concessionem Archiepiscopi primum se Rex arma bellica succinxit. And Anglorum erat consuetudo (writes one that liud at the Ingulphus. Norman Conquest) quòd, qui Militiae legitimè consecrandus esset, vesperè praecedente diem [Page 314] suae Consecrationis, ad Episcopum, vel Abbatem, vel Monachum, vel Sacerdotem aliquem c [...]ntritus & compunctus de omnibus suis peccatis confessionem faceret, & absolutus orationibus & Deuotionibus & afflictionibus deditus in Ecclesia pernoctaret: in Crastino quo (que) Missam auditurus, Gladium super altare offerret, & post Euangelium Sacerdos benedictum gladium collo Militis cum Benedictione imponeret, & communicatus ad eandem Missam sacris Christi Misterijs denuò miles legitimus permaneret. And, according to this forme was that most Noble Heward, Knighted by his vncle Brand Abbot of Bury about the Norman inuasion. But this kind the Normans much dislikt. Hanc (saith Ingulph) cousecrandi Militis consuetudinem Normanni abominantes, non Militem legitimum talem tenebant, sed socordem Equitem & Quiritem degenerem deputabant. Which makes me confidently referre that of Ne Abbates faciant Milites, constituted in III. Synod. Westmonast. A. 1102. Malmesb. de gest. Pontific. 1. Hen. I to this custom. The Normans not liking it, in a Prouinciall Synod vnder Anselm Archbishop of Canterbury, and Gerard of York then thus prohibited it, and perhaps named only Abbots, because it seems, of inferior Churchmen none or few would or did receiue it, and the Bishops were by likelyhood not willing to take the power from themselues. But howeuer that was took from Churchmen, yet the solemnitie's it seems, of taking the Sword from the Altar, and such like in the Church, remaind afterward. For, Iohn of Sarisburie speaking of an implied oth that all Knights of his time took, as for defence of the Church, Iam inoluit (saith Policratc. lib. 6. cap. 10. & 13. & consulas morem illum à Paulo 11. institutum apud Marcell. Corcyrens. lib. 1. sect. 7. & iuramentum c [...]eandi Equitis apud Olaum Magnum Septent. Nation. 14. cap. 7. he) consuetudo solennis, vt ea die qua quis (que) Militari Cingulo decoratur, Ecclesiam solennitèr adeat, Gladio (que) super Altari posito & oblato, quasi celeberi professione facta seipsum obsequio altaris deuouerat, & Gladij id est Officij sui ingem Deo sponderat famulatum: Ne (que) necesse est vt hoc profiteatur verbo, cum legitima professio Milites facto eius videatur inserta. This Oth was, it seems, somwhat proportionat with that Militiae sacramentum taken solemnly [Page 315] by the Roman Armies; without which, and at euery new going a Warfare a renewing of it, none might (iure Cicero de Offic. 1. de Pompilio & Catonis filio. videsis Veget. lib. 2. cap. 5. Seruium ad 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, 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 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 [Page 316] Bedford, and Edward VI. by Edward S [...]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 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 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 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 Thirning 7. Hen. 4. fol. 8. Voyes Froissart [...]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 [Page 317] 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 Guil. de Badensel Hodoe-Poric. in Terram Sanctam. he) pulchram feci de Resurrectione Domini missam celebrari, & aliqui de meis socijs Corpus Christi deuotè susceperunt. P [...]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: 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 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 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 P [...]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 vbi (que) & in Imperio, & in alieno dominatu institui possunt. For Creation of a knight thus much: and, as euery child knows, in personall [Page 318] Creation only the being of knighthood is, neither hath any man it otherwise. Infanciones (saith one 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 Grant is extant of Pet. de Vineis lib. 6. Ep. 17 Frederique II. that a knight may be made quanquam pater suus Miles non fuerit, & nostris constitutionibus caueatur quod milites fieri nequeant, qui de genere Militum non nascuntur. In France, it was Belmanorian, apud Tilium lib. 1. vide Ranulph. de Glanuilla lib. 5. cap. 5. adiudged anciently, that where the Lord of a Villain (I vse the word as in our law) had knighted his Villain being a Gentleman, he became free, and had the honor lawfully; but if another had knighted him, nothing had been wrought by it. For none could manumit him but his Lord. And till Manumission, or vnlesse knighthood had had Ciuill freedome for its ground, he was not capable of it. Neither there might any great man confer this dignitie vpon one which were not before a Gentleman, without grieuous Mulct. But the king only might do it. And, mongst old laws Ex legib. Hisp. Fr. Mennenius. of Spain, Quil bet Infancio (euery Gentleman, or hijdalgo) potest esse Miles in Aragonia, alij verò non. Et si fortè non Infancio promoueatur per Ricum hominem ad Militiam, perdit honorem, quem tenebat, Ricus homo (one of their Ricos hombres) vel si non tenebat, nunquam tenere debet. Et illi promotus semper remanet villanus, sublato sibi equo & armis. Now, to the dishonor of Merit and Noblesse, how many most vndeseruing either for qualitie or parentage, bear this most honorable Title? But some ancient adiuncts to knighthood here next offer themselues. They are chiefly, The respect of the Honor to Possessions, Their Martiall Equipage, Their right of vsing a Seale, The Aide a faire fitz Chiualer, [Page 319] The Name and honorable regard to it, and Degradation. Of them all in their Order. The Knights Feif or Fee is as commonly known by name as Knight. But what it was or is, is not to all known. An old z testimonie makes it DC. LXXX. acres, consisting of IV. Hydes. Of Hydes, before, where of Barons. Other certainties x Lib. Rub. Scaccarij. are proposd for a Knights Fee anciently, but v. 4. Ed. 2. tit. Auoury 200. in vain. Its neerest truth to set no number of Acres, nor quantitie of Territorie, but only of Reuenue out of land, which being XX l. yeerly was the value of a Knights Fee. Remember what is alreadie deliuerd of an entire Baronie, and the possessions of other dignities. In them the Relief alwaies expresses the fourth part of the annuall reuenue by vertue of the Grand Charter, which, in this point, was made in imitation of what was common law in the Relief of a Knights Fee, being (as appears by Glanuil and Geruase of Tilburie) iust c. shil [...]ings. What then more plainly could proue that the knights Fee (that is, the Possession fit for the maintenance of a Knight in those dayes) was exactly land of X X l. yeerly? And they which had such an estate might bee compelled to take, and, it seems, of right demand a Knighthood. Yet vnder Hen. the III. and Edward [...]. some of lesse Reuenue were calld to this Dignitie. Anno sub eodem (1256) exijt edictum Regium (saith Matth. Paris) praeceptum (que) est & acclamatum per totum Regnum Angliae, vt quilibet qui haberet XV. libratas terrae & supra armis redimitus tyrocinio donaretur, vt Angliae, sicut Italiae, Militia Roboraretur. Et qui nollent, vel qui non possent honorem status Militaris sustinere, pecunia se redimerent. Heere XV. pound reuenue was the same, and afterward all the Matth. Paris pag. 1249. edit. Lond. vbi legendum, pro decem, quindecem. Shirifes of England were amerced, euery one at fiue Marks, in the Exchequer, for not distraining the Tenants in their Countie according to that precept. And other like examples are, in themselues [Page 320] vnlike for value. But by the Statute of Westminster 1. of Resonable Aide, XX. pound Socage land, and a Knights Fee are compar'd for like possessions, and in I. Edward. II. an act of Parlament was, that if any were distrain'd to bee made Knight, hauing neither in Fee, nor for life, twentie pounds reuenue, and the same were prou'd, vpon his complaint, by inquest, he should be discharg'd. Nor that any man should be compell'd to bee a Knight before his full age of XXI. years. Yet after that the writs haue bin for such as had fortie pound yearly, 19. Ed. 2. Claus. memb. 16. Dors. 7. Ed. 3. tit. Auerment 37. & Claus. 7. Ed. 3. part. 1. Dors. memb. 7. & 22. both in Ed. II. and III. their times, and of diuers succeeding. And vnder Henry VI. the Chiefe Iustice Babington 7. Hen. 6. sol. 16. C. Sir Richard Haukesford. of the Common Pleas sayes that the King might compell euery man of xll. yearly worth in lands, to receiue Knighthood, by writ out of the Exchequer; and if they appear'd not at the first day, but come after to take this order, by rigour of Law they are not to be receiu'd, but amerced for default. Where he remembers, that, when writs in that kind went out, at the second day a great Burgesse of Southwork, able to dispend c. Marks yearly, appear'd, on whom they were vnwilling that the honor should be bestowed, and after deliberation resolu'd, that, because hee came not the first day, hee should not be Knighted. This Census or Militarie value, hath some proportion to that of the Ordo Equestris in Rome. Their Ordo Equestris, or secundus Ordo (as they calld it, in respect of the Senators being Ordo primus) had it's known worth in possessions. That worth was CD. M. of their Sestertij, in present estate; of our sterling M. M. M. C. XXV. pounds, euery M. Sesterij, or one Sestertium (which are all one) reckon'd at VII. pounds, XVI. shillings III. pence. Yet, in those more ancient times of England, when the relief of a Knights Fee, and so a Knights Fee were truely known (as now also, too frequently) this honor was giuen to such as had not any [Page 321] land twixt them, and other, a difference is made in Roger. de Houeden part. 2. pag. 424. & lib. Rub. scaccarij. Richard I. his edict of Torneaments. Rex statuit Torniamenta fieri in Anglia & charta sua confirmauit, ita quod quicun (que) torniare vellet daret ei pecuniam secundum formam subscriptam: videlicet, Comes daret pro licentia torniandi XX. Marcas argenti, & Barones decem Marcas argenti, & Miles Terram habens IV. Marcas argenti, & Miles non habens Terram II. Marcas argenti. Out of this Militarie Reuenue, and the right of compulsion, in the King to make the possessors Knights, you may easily vnderstand what Pro respectu Militiae is in the Exchequer Rolls anciently: and why in Enquests of Eires the presentations were of such as had a whole Knights Fee, and were not Knighted, being of full age. In an Eire at Chichester vnder Placit. apud Cicestriam in Com. Sussex Coram R. de Litleburie & socijs suis 47. Hen. 3. Rot. 44. Henry III. (to giue one example like infinit other) the Iurors of the hundred of Palings (it is that now we call Poling) in the Rape of Arundell, to the article de Valettis (Valetti was vsd for yong heirs or yong gentlemen, or attendants) dicunt quod Nigellus de Broke & Simon de Fering tenent integra feoda Militum, & sunt plenae aetatis & nondum sunt Milites, ideo inde loquendum. And diuers such more are in the same Roll and others concluding somtimes ideo in misericordia. That Nigellus de Brok had good possessions then in Eclesdon and Selkeden (the hamlet which now is Selden, by Eclesdon) both of the reuenue of the Abbey of Fischamp. Thus much of their ancient possessions, and liuelode competent to the honor. Their proper Furniture, as a supposed incident to Knighthood, consisted in Horse and Armor. And as by our common Westm. 2. cap. 43. vide Regist. Orig. fol. 100. b. laws the Equitatura, which is the Horse that any man keeps for his iournying, is priuiledged from the Return of issues (as clothes and houshold-stuffe) and beasts of the Plough from execution of debt, so anciently were a Knights Horses and Armor (His Horses of martiall Equipage) [Page 322] and that although he had been indebted to the King. The law for that matter Geruase of Tilburie thus deliuers, speaking of the sale of the debtors goods to satisfie the King: Nota quod si debitor ille qui soluendo non est Militiae cingulum semel obtinuerit, venditis caeteris, Equus tamen ei non quilibet, sed vsus vsualium reseruabitur, ne, qui dignitate factus est Eques, Pedes cogatur incedere. Quod si Miles eiusmodi fuerit quem iuuat Armorum decor & iuuet vsus eorum, & qui meritis exigentibus debeat inter strenuos computari, tota sui Corporis armatura cum Equis ad id necessarijs à venditoribus erit liberrima vt cum oportuerit ad Regis & Regni negotia armis & equis instructus possit assumi. Sed si hic idem cui l [...]x in parte pepercit, audita necessitate Regis vel Regni delitescens se absentauerit, vel ad hoc vocatus non venerit, si tamen non proprijs sed regijs stipendijs militet & euidentèr absentiam suam non excusauerit, nec ab hijs venditores temperabunt, sed solo contentus Equo (propter dignitatem Militiae) sibi relicto inri communi v [...]uat obnoxius. Where, by the way, it appears also that the exceptis Bobus & affris Carucae in an Elegit, was ancient Common law before the Statut of Westminster the second. And it seems that the Equipage and Armor competent to his person, was by the ancient law as enheritance descendible to the Heire, and not, as other moueables, cast vpon the executors. An old testimonie inserted mongst that which is stil'd the Confessors laws; Non debent illa inuadiare (vnderstand such as were bound generally for defence of the Kingdom to haue armor) nec extra Regnum vendere, sed haeredibus suis in extremis legare, ad seruitium tenementorum suorum Dominis suis explendum cum opus adfuerit. And although the words import as if they should bequeath them, yet doubtlesse the meaning is that they should leaue them to descend; as what follows, perswades. Quod si qui (are the ensuing words) eorum [...]redes vel parentes non habuerint, [Page 323] dominus suus illa reciqiet. Et si Dominum non haberent felagus suus, i. fide cum eo ligatus, si haberet, illa recipiet, si verò nihil istorum haberet, tunc regni, sub cuius protectione & pace degunt vniuersi, rex illa resumet. And when vnder Henry II. diuers Assisa de armis 27. Hen. 2. apud Rogerum de Houeden. Constitutions were for keeping of Armor, according to the quantitie of mens estates, one was Si quis Arma haec habens obierit, remaneant heredi suo, & si haeres de tali statu non sit quod armis vti possit, si opus fuerit, ille qui eum habuerit in Custodia, habeat similiter Custodiam armorum, & inueniat hominem qui armis vti posset in seruitio D. Regis, si opus fuerit, donec haeres de tali statu sit quod portare posset, & tunc ea habeat. Of their speciall right of vsing a Seale, the onely testimony I haue seen is that of Richard Earle of Chester, Chronic. [...] tust. Abindoniae, ap. Camd. & Millium. vnder Henrie I. in his conueyance of his lands in W [...]mondsley to the Abbey of Abington, while he and his mother, the old Countesse Ermentrudis, lay there. For hee seald it with her seale, Cum, (nondum enim Militare baltheo cinctus erat) literae quaelibet ab illo directae materno sigillo includebantur, as the words are, as if one vnder the dignitie of Knight might not in those dayes vse a seale: which, were it true, is somewhat proportionat to the ius Aureorum Annulorum in Rome, chaleng'd and giuen to their Equites. For, as with vs, so there anciently was the chiefe vse of Rings for V. tit. de Ord. Test. Dig [...]st. Cod. & Instit. sealing. Ueteres (saith Apud Macrobium Saturnal. 7. cap. 13. vide sis Lipsium ad Tacit. Annal. 2. §. 4. Capito) non Ornatus sed signandi causâ annulum secum circumferebant. Yet, by the way (because touching this Roman right of gold Rings some controuersie is, and few well vnderstand it) you must not think, that only those which by the Censor were made Equites, and truely in Ordine Equestri, had this Right, but also others, and vpon other seuerall reasons; neither was it more then a souldiers brag in Mago, when after the ouerthrow ad Cannas, he shew'd at Carthage Modij. three bushels and a halfe of gold Rings (some say [Page 324] but one bushell) taken from the slaine and captiue Romans, and sent to Hannibal, affirmes, so to lay the greater name on the victorie, Liu. Dec. 3. lib. 3. idem, de Senatoribus & Equitibus tantummodò, adfirmat Dio bistor. 48. verum haud satis firmâ fide. vide Plin. hist. Nat. 33. cap. 1. & 2. Neminem nisi Equitem, at (que) eorum ipsorum primores, id gerere insigne. For Pliny doubts not but that then the vse of them was promiscuous, and affirmes, that, afterward they became mongst the distinctions of the Ordo Equestris Annuli distinxere (saith he) alterum ordinem (that is, the Equestris) à Plebe, vt semel coeperant esse celebres. And Annuli planè medium Ordinem tertium (que) Plebi & patribus inseruere, ac quod antea Militares Equi nomen dederant, hoc nunc pecuniae Indices (so Lipsius coniectures it should be, not iudices) tribuunt. Afterward vnder Tiberius, (then being Consuls C. Asinius Pollio and C. Antistius Vetus) it was constituted, that none should enioy this right of gold Rings, nisi cui Ingenuo ipsi, patri, auo (que) Paterno sestertia CCCC. census fuisset, & lege Iulia theatrali in XIV. Ordinibus sedenti, that is, vnlesse a perfect free Roman, who both himselfe, his father, and grandfather of his fathers side had bin worth CD. M. festertij, (in our money M. M. M. C. XXV. pounds) and had place in the XIV. ranks at the Theater, which were first appointed for those which were truely Equites, as a distinction for their dignitie in that place, by their Lex Dio Coss. l. 36. Roscia, and allow'd afterward, but not without some alteration, by their Sueton. in August. cap. 40. Lex Iulia, vnder Augustus. Neither doe these words any more then describe a Roman Equestri dignitate, and of two discents, for the CD. M. sestertij (CCCC. sestertia, all one) were the Census Equestris. Yet euery one that had this Census, was not Eques properly. None was so but such as were chosen by the Censor and donati equo publico, and equo publico merebantur. Yet such as had the Census were (if at least ingenuij Free men) Dignitate Equestri, and in the rank of the Equites; as those of the Equites as had the Lips. ad 11. Tacit. Annal. §. 15. & de Amphitheatro c. 14. worth of a Senator, they call'd Equites Illustres, [Page 325] and reputed them in the rank of Senators. As also the Tribuni Militum (as it were, Field Marshalls) were in the rank of the Equites, at the Theater. Now as the Census alone made not the right Eques, no more did the gold rings giuen either by their Generall in Warre before their Empire, or by their Emperors afterward. For the time before, I referre you but to Cicero his III. Oration against Verres. For time vnder the Empire, the Example of Uolteius Mena, Pompey his libertus or manumitted villain (to vse our language) whom Augustus Dio. hist. 48. [...]. i. honord with gold Rings, and made him of the Ordo Equestris, all which was but a making him a perfit Freeman, and an ingenuus, which was as a degree before a libertus, as appears expressely by Sueton deliuering the self same only in these words, that he was assertus in ingenuitatem. Which made him indeed, being of fit worth, of the Ordo Equestris (or rather readie to bee receiued into it) because, in that, no liberius might be vntill acquired ingenuitie, and in some sort Eques; as in that of this Mena, in Epodôn. 4. Horace, you see;
By Othone contempto, he means the lex Roscia theatralis (from Roscius Otho) constituted for the Honor of the right Equites, whom the Censor had made, and the honor of Equus publicus did denominat; but it was committed against by Mena, that, out of his greatnesse in fauour and worth of estate, durst sit in the chiefest of the XIV. ranks at the Theater. Hee had the right of gold Rings, but was not therefore truly Eques, yet in a more generall notion bearing the name. Diuers other examples like are, and nothing more vsuall then the breach of that constitution vnder Tiberius. And by a [Page 326] later [...]. on. & vide Cuiacij Obseruat. 7. cap. 14. Imperiall law, euery one manumitted hath this right of gold rings, and ingenuitie. But the promiscuous vse of them in the more ancient Roman State is constantly to be affirmd, I mean so prouiscuous, that it specially distinguisht not their Equites. And, that after their Empire, when the ius aureorum annulorum was giuen by the Emperors, to liberti only ingenuitie was thereby giuen, although by a rescript of Diocletian and Maximian, ingenuitie C. tit. de iure Aur. Annul. l. 2. verum vide Vlpianum & Paulum ff. codē tit. l. 4. & 5. & C. ad legem. Viselliam. passe not by it. Tertullian of a seruant (seruus) manumitted: Lib. de Resurrectione carnis. Et vestis albae nitore, & Aurei annuli honore, & Patroni nomine ac tribu, mensá (que) honoratur. Nor are the words of Equestris Ordo, dignitas or Eques, applied to such as were so honord, otherwise to bee vnderstood then that so they were made fit, and as it were immediatly capable of the true Dignitie of Eques, if also their estates endurd it. But were no more indeed Equites then such as had giuen them insignia Consularia, Senatoria, or Quaestoria, were therefore Consuls, Questors, or Senators; or then Abbots, to whom the Pope granted infignia Pontificalia were therefore Bishops. The chief ensigns, besides, of the right Equestris Ordo, consisting most of all in their apparell, the Trabea (a Miltarie robe interwouen of gold and Purple) and the Augustus clauus, or narrow gard in distinction of the latus clauus or broad gard of the Senators.
is a description of one descended from their true Eques. And it is obseruable, that as their giuing of ingenuitie was by an Ensign and note of their Equestris Ordo, so with vs anciently the enfranchising of a villain was by giuing him Armes. In the laws of the Conqueror (at least vnder that name publisht:) Si quis velit [Page 327] seruum suum liberum facere, tradat eum Vicecomiti per manum dextram in pleno Comitatu, & quietum illum clamare debet à iugo soruitutis suae per manumissionem, & ostendat ei liber as portas & vias, & tradat illi libera arma scilicet, lanceam & Gladium, deinde liber homo efficitur. Bt, as touching the right of vsing a Seale to be proper to a Knight in our Nation, as out of that of the Earle of Chester, it is collected; I doubt the Monk was either deceiud or deceiues in reporting it. For it seems that from the infancie of the Norman Empire heer, Seals were lawfully vsd by mean men, and of all sorts. For whereas the Saxon vse was to subscribe Charters with names and Crosses only, and so deliuer them, the Normans changd that forme into Sealing. Ingulphus is witnesse. Chirographorum (saith hee) confectionem Anglicanam quae antea vs (que) ad Edwardi Regis tempora fidelium presentium subscriptionibus cum Crucibus aureis alijs (que) sacris signaculis firma fuerunt, Normanni condemnantes Chirographa Chartas vocabant, & Chartarum firmitatem cum cerea impressione per vniuscuius (que) speciale sigillum sub instillatione trium vel quatuor testium astantium conficere constituebant. Doth not this allow all men, that would, the vse of Seals? and at the Conquest. And, that vnder Henry II. there were inferior persons had them, is iustified out of one that then Glanuill. lib. 10. cap. 12. wrote. Si debitor (saith he) eartam suam non aduocat, duebus modis eidem contraire, vel contradicerè (creditor) potest scilicet ipsum sigillum in Curia recognoscenda suum esse &c. The like out of that 33. Hen. 2. apud D. Ed. Coke in praefat. ad lib. 3. Fine in the Countie, twixt Walter of Fridastorp and Helias his sonne, and Iohn of Beuerley, leuied vnder Hen. II. and sealed with the seals of the Father and Sonne. Either then the Chronicle of Abingdon misinstructs, or els it wills that the Earle of Chester being yet not of the order of Knighthood vsed his mothers seale, that is, such a one as hers was without difference, because perhaps after the order receiud, som [Page 328] change was to bee added to his. For Du Tillet cites an old iudgment of the yeer M. CCC. LXXVI. wherin he saith an Esquire dicitur, cum Equestrem Ordinem suscipit, sigillum mutare. But hee speaks it only of Burgundie. Others, being moud by the Monkish Chron. Abb. de Bello apud G. Lambard. in Itin. Cantij pag. 405. report touching Richard Lucy chief Iustice of England his finding fault with a mean man for vsing a seale vnder Henrie II. think that in those times they were peculiar to men of the greater fashion, and that they became common not till about Edward III. Indeed diuers Charters were in the Norman times, before that, made without seales, yet an old Bracton lib. 2. de acq. rer. dom. cap. 16. §. 12. Lawier vnder Hen. III. requires them as an essentiall part of a Deed. Nor doth any one reason more moue me to beleeu the ancient and promiscuous vse of them here, then because for the most part all Nations had them, and in their Writings and Deeds in one sort or another vsd them. And howeuer Hist. Nat. 33. cap. 1. Plinie affirms that Egypt and the East were only contented with letters, omitting seals, yet its certain that the Iews had them, and in ancient time often, when they made a contract, two Deeds were writen, one contayning the contract at full, with all couenants and conditions, which was folded vp and sealed v. Ierem. cap. 32. & Ios. Scalig. Elench. Trihaeresij. cap. 11. & [...]. Tobit. cap. 7. with the buyers seale, the other containing a generall recitall of what thing only the Contract was; and this last was shewd open to witnesses, who inscribd their names on the backside of boh. That, so the Witnesses or standers by might not know the summe, time of Redemption, or such like: yet bee able to iustifie the truth of the instrument comprehending them by the inscription of their names. The Seale they calld [...], and the Deed or instrument writen [...], Sephor which is a book also, but the Elias in Thisbite. Rabbins expresse their Deeds, Releases, Obligations and the like by the name of [...] Shetar or Setar, whence the word Starrum or Starr [...] for Acquitances or writen testimonies of Contracts is [Page 329] vsd. So must you vnderstand it in that Roll, in the Tower, of Placita apud Scaccarium Iudeorum de Termino Paschae anno Regni Edwardi nono; of Edward the first. Salomon de Stanford Iudeus recognoscit per Starrum suum, occurres there; and an Acquitance or Release by the name of starrum is there 9. Ed. I. Iudeorum Rot. 4. Pasch. Norff. & rot. 5. in dors. & rot. 6. Sutht. & ferè passm in Schedis illis. pleded to haue been tried before the Shirife at Norwich by a Iurie of Sex probos & legales homines & sex legales Iudeos de Ciuitate Norwici, and found to haue been the Deed of one Genta a woman Iew of Gloucester, whereupon one Alice the widow of Clement of Poringlond was quit against the King then clayming, vpon speciall occasions, all duties which were owing to the Iews in England. The like kind of trials are there in the case of one Eustace of Peccham in Kent, of Salomon Bensalomon in Hampshire, and diuers others. Where, by the way obserue, it seems the Iews (of the Iurie) were charged by oth taken vpon the [...] Liber legis. i. the books of Moses, held in their armes, and by the name of the God of Israel, which is mercifull, with formall additions of words which they vsed, as Christians vpon the Euangelists. For a Rabbin that Rabbi Moses Mikotzi in [...] praecept. 123. liud in time of Henrie III. saies that so was an oth to bee taken by his countrie men, although in a iudiciall precedent, yet remaining, of Constantin Porphyrogennetus (he liud about CCC. yeers before) diuers other and strange ceremonies were to be vsed. If you desire them, search them, where they In lib. 2. Iuris Graeco Romani. are publisht. The Romans had their Annuli signatorij and sigillaricij (as Uopiscus calls them) destinat as well to sealing of writings, as vse in the house in steed of locks. Satyr. 13. Inuenal:
Whats gemma Sardoniches but the Seale cut in that [Page 330] stone? Of the Polyb. hist. 6. Graecians, as plain testimonie is. And of all, enough more. The seale being a speciall ensigne of credit, and therefore so fitly vsd. Nec plus habere quam vnum licebat (saith Ateius Macrob. Sat. 7. cap. 13. Capito of Seale Rings and the ancient Roman times) nec cuiquam nisi libero; quos solos fides decerneret, quae signaculo continetur. And its affirmd mongst the Graecians, that before the inuention of Seales cut in fit matter, the vse was to seale with pieces of wood, eaten and gnawen by Philostephan. apud Hesychium in [...]. & Is. Tzetz. ad Lycophronem. wormes ( [...]) which could not but giue impression; and that, Hercules first vsd that kind of Seale, whence Lycophron hath [...] i. a wormeaten Seale. I perswade you not to bee prodigall of your faith to such Grecian coniectures. Think of them as they deserue. But mongst our ancestors, as the king had his Great and lesse or Priuie Seale, so, at least, Gentlemen and their superiors a like distinction. A Conisance in the Kings Court anciently shall iustifie it. Iohannes de Burgo (saith Hill. 44. Hen. 3. Placit. ap. West. Rot. 28. Staff. the Roll) cognouit quod apposuit paruum sigillum suum cuidam scripto quod fecit Decano & Capitulo de Lichefeild. Lichefeud de confirmatione & quieto clameo de aduocatione de Herdel, & apponet sigillum suum magnum praedicto scripto circa tertiam Septimanam post Pascham. So much for Seales. Among the Reasonable Aides due from Tenants to their Lords, one speciall is a faire fitz & heire Chiualer, to make the Lords sonne and heire a Knight. Which is one of the three reserud in King Iohns Grand Charter, to be leuied without consent of Parlament. Nullum (so the words are Charta ista est apud Matth. Paris & in Annalibus Thomae Rudborne, Monachi Wintonienses Ms. in the Kings person) scutagium vel auxilium ponam in Regno nostro nisi per commune consilium Regni nostri, nisi ad Corpus nostrum redimendum, & ad primogenitum Filium nostrum Militem faciendum, & ad primogenitam filiam nostram semel maritandam. Et ad hoc non fiat nisi rationabile auxilium. And in the same: Nos non concedimus de caetero alicui, quod capiat auxilium [Page 331] de liberis hominibus suis, nisi ad corpus suum redimendum & ad faciendum primogenitum Filium suum Militem, & ad primogenitam filiam suam semel Maritandam, & ad hoc non fiat nisi rationabile auxilium. That aide de Rançon (as it is calld in the Custumier of Normandie) occurrs not as I remember in our Law annals printed, but in the not publisht yeers of 21. Ed. 1. fol. 66. Edward 1. a release by one Robert of Bentham to the Abbot of Ford is pleded, of all seruices forspris suit reall & reasonable aide pur luy reindre hors de prison ou ces heires quel heur qu' ils fussent enprisones. From the Normans vntill Edward I. these Aides were all vncertain, but to be leuied with moderation and according to the quantitie of the Tenants worth ne Glanuil. lib. 9 cap. 8. nimis grauari inde videatur vel suum contenementum amittere. Neither was any certaintie of Age in the sonne and heire, by the law, known. But in III. West. 1. cap. 36 Edward I. it was enacted, that, for the Knighting and marriage, of a whole knights Fee should be XX. shillings giuen, and of XX. pounds yeerly, so cage, as much, and so pro rata: and that none should bee leuied vntill the sonne and heire were of XV. yeers age, and the daughter of VII. But the King was not bound by this Statut extending only to common persons, as appears by Records Parl. 20. Ed. 3. Art. 45. alibi. of interceding time, where the value leuied was greater. Therefore by the act of XXV. Edward III. the Kings Aides were brought to a like value. All lands are subiect to these Aides except only ancient demesne, and grand and petit serieantie Tenures, as the law hath been 11. Hen. 4. fol. 31. 10. Hen. 6. Auowry 267. Anc. dem. 11. anciently deliuerd. One that wrote a litle after the Statut of Westminster I. speaking of Auowrie for reasonable aide, a faire fits eign Chiualer, allows as good barres to the Auowrie, for the tenant, to plede that Briton Chap: de prises de auers. the Father himself is no Knight, or that the sonne is not yet of age pur ordre de Chiualler prendre; so that one not knighted cannot claime this aide of his Tenants. And the [Page 332] fit age to receiue the Order is fifteene, according to that Statut, although if the sonne and heire of a Tenant 5. Iacob. c. Sr Drue Drurie D. Coke part. 6. Plowd. c. Ratcliffe. & D. Coke part. 8. c. Sr Henry Constable. by Knights seruice be Knighted in his fathers life time, at what age soeuer, he is, at his fathers death, discharged of Wardship both of land and bodie, and the Wardship of the bodie of one knighted within age after the death of his ancestor, presently ends. For the King being suprem Iudge of Chiualrie, by knighting his subiect, adiudges him fit for Knights seruice, his deficiencie in which kind, by reason of his age, is entended by the law vntill one and Twentie, vnlesse the king adiudge him otherwise. For their Name; that in all places except England, hath its originall from a Horse (the most vsuall beast of the Warres) as the Roman Equites were titled from their Equus publicus, being also before called Iunius Gracchanus apud Plin. lib. 33. cap. 2. Celeres and Trossuli. For to the Spaniards they are Caualleros, to the Italians Cauallieri, to the French Cheuallers (all, in their prouinciall tongues, from the Latin Caballus) and in the British Margoghs in like signification. For, as now, so anciently Marc or Marg in that language (as other more) interpreted a Horse. Whence euerie Knight with his two Esquires on Horseback, in Brennus his armie was stiled Pausanias in Phocicis. Trimarcisia, which, though it bee applied to the Celts or Gaules (mongst whom also Caesar specially reckons, as their chief lay Order, the Equites or Margoghs) yet without much difficultie, it may bee communicated to the Britons. And the Germans call them Reytteren; that is, Ridars: a word in Buchanan. Reb. Scot. lib. 7. in Malcolm. 3. Scotland to this day vsed. Old Rimes of Ms. Of the Horse, Sheep and Goose. Dan Lidgate:
As all these in this Western part expresse a speciall honor implying abilitie of martiall seruice with horse: so the old Greeks attributed not to a great man a better name then what truly was the same with euery of those. That is, [...], whence Hecuba Euripid. in Hecuba. calls Polymestor King of Thrace, [...]; and in Homer [...] Nestor. So the chief men and of best worth in Herodot. lib. [...]. Chalcis were known by the Title of Hippobatae i. Equites. But our English calls them Knights, the word signifying a Minister, Scholer, or Disciple. Leornung Cnihts is vsd for the Disciples in the old Euangelists of the Saxons, as most worthie Clarenceulx hath noted. And it was taken also for the yonger sort, Tyrones or such like. For where the Latine of venerable Bede hath of King Sigibert; instituit Scholam in qua Pueri literis erudirentur, the Habes & apud Caium de Antiq. Cantabrig. lib. 1. English-Saxon hath he sceole gesette & on ðaere cnihtas & & geonge men gesette & getyde & laerde. i. hee instituted a Schoole, and placed in it Cnihtes (Knights) and yong men both furnished and learned. At this day a Diener, seruant, or vallet is both in Alemanique and Belgique called Ein Knecht. And to this sense in Cnichtas, in the translation of Bede, perhaps hath tyro and tyrocinium allusion, in those Monks which thereby expresse somtimes a Knight and Knighthood. But, as it goes for the Titularie name of this Honor, I suppose it rather for a Minister or Seruant, denoting that one which had vndertaken the Order was a Martiall minister or seruant, known and as it were in perpetuall seruice retained for the State. And that as Comes and Baro from their more generall significations became to be what they are, so this of Cnyht or Knight. For plainly its applied to the office, to which their Honor bound them, not to their age. As appears [Page 334] in Our old word Rodknights (that is, Riding Knights, v. Verstegan. pag. 319. or Knight riders) which were such as held their lands by the seruice to Ride vp and down with their Lords de Manerio in Manerium, which vnder Henrie III. before William of Ralegh was adiudged Bracton. lib. 2. de acq. rer. dom. cap. 16. & 35. to be cause of Ward and Marriage, Stephen of Segraue being then (as hee might haue good reason) of a contrarie opinion. They were called also Kadknights; and in one that translated diuers of the Saxon laws, they are thus rememberd: Si hoc fit (hee means if fighting were) in domo hominis quem Angli vocant Radcniht, alij verò Sexhendman. The Sexhendman was the Saxon Sixhyndmon. i. one whose worth was valued at DC. shillings. In our law they are stiled Milites and neuer Equites. Yet so that Miles is taken for the self same with Chiualer. For in the Writs of Parlament beeing in Latin, to the Barons, Chiualer is alwaies as an addition so exprest in French, because it seems euery Baron fit for that Court is at least supposd to bee a Knight, and most commonly is so. And where in a Writ of 30. Ed. 3. fol. 18. a. Mesne the Lord Paramount was namd Iohannes Tournour Miles, and in the distringas ad acquietandum, Iohannes T. Chiualer, it was held in Court that no error was by the variance. But in the common laws also Miles is aswell taken for others as for Knights. Somtimes it goes for Miles gladio cinctus, for one indeed Knighted, as before, in the Magna assisa eligenda and elswhere. Other times and very often it is only for a Free-holder of lands by Knights seruice. And against Miles and Tenant by Knights seruice, were liber Sokemannus, Burgensis, Villanus, Tenant in ancien demesn, and Seruiens opposd. Sokemans were but Tenants in socage, which held by seruice of the Plough, or such like. Burgenses, Burgesses, men of Towns and Corporations, of personall only not feudall worth. Villain neer the like, although applied afterward to Bondslaues. Tenants [Page 335] in Ancient demesn, although they had their large libertie of discharge and quiet (as now) yet were reckon'd so farre from the worth of old Tenants by Knights seruice, that they had not rank mongst the Liberi homines. Therefore in the writ of Right Close, the Tenure must not be laid per liberum seruitium, because (saith the Register) no Free man may bring that writ, and whereas, by the Statute of Merton, quilibet liber homo, may make an Attourney, it was Temp. Ed. 1. tit. Attorney 102. & le case 21. Ed. 1. Ms. pluis plein & la est adiudge. adiudged that Tenants in Ancient demesn were not in those words comprehended. And in an action of Disceit against Placit. coram Rege de Temp. H. Bigod Pasch. 44. Hen. 3. Rot. 17. Berk. William Mamman and others, by the Abbot of Beaulieu touching the Mannor of Farendon, which the Abbot claim'd as ancient demesne by the gift of King Iohn, the issue being whether part of it were Ancient demesne or no, the Defendant, Petit quod inquiratur per Milites, & praeceptum est Vicecomiti quod venire faceret coram H. le Bigod in proximo aduentu suo ad partes illas omnes Milites praedicti Comitatus ad recognoscendum, &c. Where note, both Ancien demesn triable by the Country, and also that Milites (vsd for liberè tenentes) as it were excluded the Abbots Tenants, being, by reason of their tenure, not inter liberos & legales Homines, or fit to be in a Iurie. These distinctions, euen still hold. By Seruientes (22. Ed. 3. fol. 18. Seriants) were those vnderstood which either by perpetuall couenant, or temporary pay, were bound to the warrs, not by Tenure, as the Milites, or tenants by Knights seruice. Nec miles nec seruiens litem audeat mouere, saith one of Radeuic. de gest. Frederic. 1. lib. 1. cap. 26. Barbarossa's Militarie laws, and vpon the writ of sending foure Milites to see the sick in an Essoin de Malo lecti, it's not sufficient (saith Bracton) si Vicecomes mittat seruientes, milites enim esse debent propter verba breuis. And these, by reason of their pay, which by couenants was most commonly for life, or diuers continuall yeers, were also calld Solidarij, (whence our word Souldiers, the Spanish Soldado, the [Page 336] French Soldat, and such like) because of the Soldata, or Solidata, (the proper name of their Salarie) which they receiu'd. Soldata vero (say the Feudalls) dicitur quia plerun (que) in solidorum donatione consistit: quandoque autem in Vino & annona consistit. I will not deriue here the Caesar. de Bel. Gallic. 3. Nicol. Damascen. ap. Athenaeum dipnos. lib. 5. Soldarij, or the [...], which are mention'd for such as liu'd as Deuoti, Ambacti, or neer followers about great men, among the old Gaules. I dare not, what euer others. Yet the name of Miles notwithstanding hath as well its fit application to a common hired souldier, as to him that serues, by reason of his tenure, and so comprehends both them two, and the personally honor'd Knight. But them two, by reason of their seruice to which their continuall rewards bind them; the Knight, because that after out of his own worth, or hopefull forwardnes, he is adiudged by some suprem Iudge of Chiualrie, worthy that dignitie, the character of his qualitie in his creation perpetually remains. These Knights (it seems) were anciently call'd Baccalaurei, or Bachelors, a name corrupted out of Batalarij, from the French Batailer, perhaps that so they might be opposed against the Vexillarij, or Bannerets (of whom anon) because the Bachelors displai'd not a Banner, but only had good place of one in the armie, and so exercis'd themselues in Battell, whence the same name was, it may Ludouic. Viues de Caus. corrupt. Art. lib. 2. be, transfer'd to such as tooke the first degree [...] the Militia Togata, of the Vniuersitie. The diligent and learn'd President of the Parlament at Rheims, In Cons. Britan. art. 88. Bertrand d'Argentre fetches the name of Bachelor from [...], so called in the Eastern Empire, [...], i. because they followed the Armie, and carried the Victuall. For [...], is, saith Constantin. Themat. 6. my Autor, [...], i. a kind of Cake or such like of a circular forme, nam'd in the C. tit. de erogat. milit. annonae. l. 1. & de excoctione, l. 2. Code Buccellatum (and in some Graecians Eustath. Antecessor, [...], in [...]. §. [...]. [...]) which Gothofred interprets [Page 337] 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 [...]. Ring. Euery man mongst the Macedonians, vntill he had slaine an enemie, went girded with a [...]. Halter. And no Scythian Herodot. hist. [...]. & Aristot. Politic. [...]. cap. [...]. vbi & exempla caete [...]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 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 scom [...]ited there of the Scottis thorugh thi tresoun and [...]alsenes, and if thou [Page 338] 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 ert 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 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 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 [Page 339] 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 m [...]st noble predecessors. And then hee gaue 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 [Page 340] 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, so that of ESQVIRE, as we call it, or, as the French, Escuyer. Both doubtlesse comming from Scutifer or scutarius (this the later Grecians haue in their [...]) which denoted him that bare the Shield or armes of his Knight. Thence also Armiger and Scutigerulus are so vsd by In Casina. Plautus; and of Butes,
saith AEneid. 9. Virgil. And Tacitus, of Cartismandua Queen of the Brigantes, a British people about now Yorkshire. Spreto Venusio (is fuit maritus) Armigerum eius Vello catum in matrimonium regnum (que) accepit. So mongst the Graecians, [...], and [...] are (in Euripides specially of the ancients) of like signification. And the old Gaulish Knights sate at their Round Table attended by their Esquires, whom Posidonius calls [Page 341] Apud Athenaeum Dipnosoph. 4. & Pausan. lib. 10. [...] i. bearing their Sheilds. Whom, I ghesse, the same with the two [...] or Ministers which accompanied euery Gaulish Knight in the wars. And that attendance, on their Knights at Table, well agrees with Chaucers supposition of his Squire, that
His Father was the Knight. In Holy Writ it is exprest by 1. Sam. cap. 14 & 16. [...] i. ferens arma. The Longobards and their neighbors called him Schilpor i. a Shield bearer. Paule Warnfred, of Rosemond wife to Alboin one of their Kings: Consiliúm (que) mox cum Helmichi, qui regis Schilpor, hoc est Armiger, & collactaneus erat, vt regem interficeret, inijt. In like sense was the German Verstegan. Schildknapa, or Shield-knabe, or Knaue vsd. So Iohannes de Temporibus is rememberd to haue been Shield-knaue to Charles le maine; Latin Storie calls him Armiger. For howsoeuer time hath brought the word Knaue to a denotation of ill qualitie, it was the same with the French Garçon or Valet, or our English Boy or Seruant, and perhaps alone somtimes vsd for Escuyer (as the word literally imports) in such sort as Genus is for species.
saith Dan Prolog. in excid. Th [...]barum. Lidgate. And old Marchants tale. Ieffrey:
where Seruant and Knaue are as Synonymies. And knapa anciently, kn [...]b and knaue are but different in pronunciation or orthographie. The name of the French Grand Esouyer (he is Master of the Horse) had, by originall, like reason, howeuer some will otherwise. Lupanus calls him Magnus Scutarius, and saies that eius sunt partes Regi Equum ascensuro vel ex eo descensuro, auxiliatricem praebere manum, ei (que) ensem & balteum liliatos praeferre, vt olim Scutum, quod nominis nomenclatura ostendit. Hee coniectures they so cal'd him by imitation of the Eastern Empire, where the [...] or [...] vsd solemnly, in all places, and times, except speciall feast daies (when it was the office of the Tzaggae, that is those which prouided the emperiall Shoes called Tzaggia) to beare before 1. Curopalat. [...]. the Emperor the [...] i. Diuum Velum or Standard (as the French Ori [...]mbe) and the [...] i. the Emperors Sheild in a case. But, why in disquisition hereof, one need flie to imitation, I see not, when the thing self of bearing the Shield was so common, and in like forme, to most Nations. The reason of the name in these apapears; and how it was first as others, officiarie, but became thence to be meerly honorarie. A fiuefold diuision of those whose dignities are known by it, you haue in that our most learned Clarenceulx. The first and Omisit hoc primum genus Glouer Somerset in diuisione sua quadruplici apud Segarum lib. 4. cap. 14. But, in reading this diuision, remember the late decree about the Baronets, and the consequences thereof. See it in the nexr chapter in part, and that Tiptasts rule before pag. 341 chief of them are Esquires of the Budie, the second, Eldest sonnes of Knights, and their eldest sonnes successiuely. The third, eldest sonnes of the yonger sonnes of Barons, and others of the Greater Nobilitie. The fourth such to whom the King giues armes with this title, or creats into it by honoring them with a Siluer Collar of S S. and siluerd Spurres, whence (saith hee) in [Page 343] the Western parts, they are called White spurres for distinction from Knights that weare gilt spurres. The right of primogeniture in their lineall posteritie is accompanied also with it. The fist such as haue some eminent office in the Common-welth, or serue in som place of better note in the Houshold. And, as his obseruation instructs him, the name of Esquire began to be honorarie about Richard II. And see in the Prefaee one made Esquire by patent with Armes giuen vnder this Richard. For that of the Collar of SS; a Iustice vnder Newton 14. Hen. 6. fol. 15. vide si vis, Auctorem Reliquiarum, pag. 231. de S. Simplicio. Henry VI. vpon the bench, thus: If a writ of debt be brought against the Serieant of the Kitchin, in the house of the King, or against the Sergeant of an Office, in the house of the King, I shall name him Cook, and my writ is good enough, and yet hee hath a Collar, and is a Gentleman, which I adde, because hee makes the place and Collar to giue but the name of Gentleman. Nor indeed is an Esquire in Reputation now other then a Gentleman of the better Rank, hauing his honor either from some particular of descent or Function, or created into it by the King, as into the first step of eminencie before common Gentrie. Neither rests there any communitie now with the name and the Dignitie: as the word imports. Neither can I beleeue that the interpretation of Armiger by the bearing of Armes, in that sence as to bear armes in Blazon is vsd, is to be admitted. The Armes signifi'd in Armiger are the materialls of Armes, and anothers armes, not his to whom the word was anciently giuen. And no otherwise was it in the ancienter times of States now remaining, then vnder the Romans, and in such sense as in that of Valentinians indiscretion. Mortem (saith my Tiro Prosper. in Ch [...]nico, edit. Pithoeana. Autor) Aetij mors Ualentiniani longo post Tempore consecuta est, tam imprudenter non declinata, vt interfecti Aelij amicos Armigerosque eius sibimet sociaret. And how Esquiors were by that name [Page 344] attendant on great men in the field, the stories of Froissart specially and the like instruct, where the 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 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 13. Hen. 4. tit. Entri [...] 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 wher [...] 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 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 [Page 345] 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 Holinshed. arraignment of Sir Nicholas Throekmorton vnder Q. Mary of the words soi [...] 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 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 [Page 346] 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, Comés (que) 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 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 Stanford in Prerog. Reg. cap. 15. Iudge hath obserud, its 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 v. K [...]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 [Page 347] 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 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 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 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, solon (que) 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 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 13. Ed. 3. Chalenge 115. & Enquest. 43. & 8. Eliz. Dy. fol. 246. vide Plowd. Com. 1. c. Newdigat. & 14. & 15. [...]lizab. Dy. fol. 318. a. Uenire facias without a Knight in it, which, for both lay and spirituall Barons, is allowd [Page 348] 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 [Page 349] 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 its 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 its 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 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 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, [Page 350] 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 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 of Chartres his mention of that Conuentus in his Epistles. Hee liud vnder K. Robert. Neither were they, by institution, Bodin. de Repub. 3. cap. 1. Tillius Comm. de reb. Gall. lib. 2. alij. otherwise then as speciall Priuie Counsellers of State. And doubtlesse had their name of Pares from a proportionat place in Court to that of the Pares Curtis in the Feudalls. And were titled from the Paritie twixt themselues, whence an old Romant Gualter d' Auignon chez Fauchet de Dignit. 2. calls them Compagnons:
So do they both in France, with vs, and elswhere well interpret the Persian Xenoph. Cyropaed. 2. [...] i. as if you should say, compagnons en honeur. Some, and those of no small note, haue thought that the French name of Pairs came out of Patrices or Patricij which indeed were of like Dignitie in the Declining Empire, and first Zosim. hist. 2. vide verò libri huius extremam. instituted (farre different from those occurring in the elder Roman storie) by Constantine the great. And howeuer in a Constitution of Theodosius and Nouell. tit. 46. edit. a Pith. Valentinian, any that was twise Consul had precedence of a Patricius, yet Sublimis Patriciatus honor (by the Emperor C. de Coss. l. 3. & v. C. de Decur. l. 66. Zeno) caeteris omnibꝰ anteponitur, & in the gift of it to Cassiodor. Var. 3. epist. 5. vide Subscript. Priuilegio Tertulli Coenobio Casinensi. Importunꝰ by Theodorique, [Page 351] it's call'd munus plenarium Dignitatum. The deduction of it is from Pater, and as if they were calld the Kings or Emperors Fathers. [...], saith Authent. 81. in Praefat. Iustinian of them, which in a manner is interpreted in that of his also C. de Coss L. S. Sancimus, V. Cassiodor. Var. 6. form. 2. Qui à nobis loco patris honorantur. Whence a Patricius is call'd [...], i. Father of the State, and Antholog. li. 4. [...], and, by composition of the word, Luitprand. lib. 1. cap. 7. & 9. [...], wherewith the Emperor Leo (about DCCCXC.) honor'd Zautzas father to his delicate Concubine Zoe, [...], i. hauing newly inuented this Dignitie, which was not before, as Cedren's words are. Neither was it new then (as to some other Nations) but only in composition. For Haman in the letters of Artaxerxes is said to haue been so much Es [...]h. cap. 16. Comm. 8. & de hac re consulas Plutarchum in Lucullo. honor'd, [...], i. that he was call'd our Father: and that [...] Abrech proclaim'd before Ioseph, is by Genes. 41. Com. 43. the Chalde of Onkelos and Ionathan, and the Hierosolymitan Targum taken for Father of the tender King, or tender Father of the King, although some interpret it, kneel down. The title of Patricius was of such honor that Charles le Magne before he was crown'd Emperor, had it as an additament of Greatnesse. That it was as the same with [...], or Magister anciently, as a learned Meurs. Gloss. Graeco-barb. in [...]. man would, I haue not yet perswaded my selfe. But of Peers and Patrices thus much.
Bannerets. Chiualers à Bannier. Drappeau quarrè. Baron. Of France. Bannerets in England. The forme of making Sir Iohn Chandos a Banneret. Bannerets not created by Patent. [...]. Baronet. Baroneti for Bannereti in old Monks. A Banneret discharged from being Knight of the Parlament. The new title of Baronet [Page 352] created by our present Soueraign. The Decree of their precedence. Knights of the Bath. France and England. The forme of their creation with vs. The Riband they are to weare vntill some Prince or Ladie pull it off. Knights of the Collar. Torquati: Order of the Garter. S. George; speciall particulars of him. The Round Table. Della Nuntiata. Order Du Toison d'Or. Of S. Michael. De Saint Esprit. De l'Estoille. De Croissant. Some obscure and obsolet Orders of France. De la Banda. Of S. Andrew. Of the Elephant. Of the Sword. Of the Burgundian Crosse. Di sangue di saluatore. Di Santo Steffano. Di S. Marco. Peetermen. Why Religious Orders are here omitted.
CHAP. XI.
OF ORDERS, some are Religious only, and destinate to some particular actions, as the Templars anciently, the Hospitalars, the Ordo Teutonicorum in Prussia, and diuers other of like nature, since instituted in Italy specially and in Spain, against the Turks, in such places where they are instituted, and being vnder some Religious Order, and meerly de la Croce, or of the Crosse. I reckon them rather as officiarie Knights then honorarie, and omit them, because also they occurre euery where els. Others are meerly Ciuill and honorarie. And, of these, some are such as haue their speciall honor in most parts of the Western Christendom, others only in the particular Countries where their first being was. The first sort of this last kind are BANNERETS, and of the BATH; and first of them Bannerets, are Chiualers à Banier, Chiualers à drappeau quarré, or Equites Vexillarij from their right of bearing a Banner, Standard, or Square Ensigne in [Page 353] the warres, with their Armes on them, wheras Knights Bachelors may not do so. The Germans call them Banner-heers. In an old French Autor: Anthonie de la salle chez L'oyseau des Grandes seig. cap. 5. §. 50. & des Cheuale [...]s à Bannier, vois Pasquier Recerch. du France Liu. 2. cap. 9. Le Baron est inuesty auec vn Drappeau quarré: & le Banneret auec vn drappeau in escusson, that is, the Baron is made by giuing him a square Ensigne, or Banner, but the Banneret, by an Ensigne in Scutchion fashion, or a Pennon. And the Customs of Poictou, as L'oyseau, cites: Le Comte, Vicomte ou Baron peut porter Banniere, qui est adire qu'il peut en guerre, & en armoiries, porter ses armes en quarré: ce que ne peut le seigneur Chastellan, que seulement les peut porter en form d'escusson. Yet now both with them and elswhere the Square Banner is a proper and denominating Ensigne to the Banneret, which is one (saith the same L'oyseau) to whom the King hath giuen power to aduance his Banner, although hee bee neither Baron, Viscont, or Chastellan, but he ought to be of good possession, and haue vnder him x. Vassals, and such means as are able to maintain a troop of horse. Vntill about Edward III, they were not in England, as the learn'd Clarenceulx well coniectures. That King ereated Pat. 15. Ed. 3. part. 2. memb. 22. & 23. Iohn Coupland a Banneret for his great seruice in taking Dauid of Bruis II. of that name King of Scots, in the battell at Durham. In the formall Creation of them in [...]ater time, the vse is, that betwixt two ancient Knights vsher'd with Trumpets and Heralds, the Deseruing bee brought before the King or his Lieutenant, bearing a Pennon or Guydon charged with his armes, the end of which, after some honorable speeches, is commanded to be cut off, that so it may be a square Banner. Somewhat like is that in Froissart, onely but in cutting of the Pennon. Where the noble Iohn Chandos, before the successefull warre had by the Black Prince aiding Don Piedro of Castile. (Froissart corruptly, as in many other, calls him Dampietre) against the bastard Henry, brought his Banner [Page 354] charged with his Armes, and wrapt vp to the Prince, with these words: Monseigneur, voies cy ma banniere; ie la vous baille par telle manniere qu'il vous plaise la desuellopper, & que au iourduy ie la puisse leuer: care (dieu mercy) i'ay bien de quoy terre & heritage pour tenir estate ainsi come appartient à ce. Then the Prince and Don Piedro tooke his Banner and gaue it him vnfolded, answering him, Iehan vees cy vostre banniere: Dieu vous en laisse vostre preu saire. Whereupon the noble Chandos goes to his Company, and with much ioy on euery side, his Banner was aduanc'd and born by a Squire. But no Knight Banneret (saith Segar, now Garter) can bee made but in the warre, and the King present, or when his Standard Royall is display'd in in the field. Neither do the Rot. Vascon. 13. Ed. 3. memb. 13. pro W. de la Pool. memb. 1. pro R. de Cobham, & Rot. Pat. 4. Ed. 6. pro Radulpho Fane. Patents, which speak of any created into this Dignitie, proue that by the Patent they were made, but the recitall is of the Creation, and some reuenue giuen to the maintenance of the Honor. So are those of Coupland, William de la Poole, and Reginald de Cobham vnder Edw. III. and of Sir Ralph Fane for his seruice at Mustleborough vnder Edward VI. where the recitall is, by ignorance of him that drew the Patent, Statum & Dignitatem Baronetti for Baneretti, whereof more presently. In some old laws Parl. 7. Iacob. 1. cap. 101. & vide Skene de Verb. significatiene. of Stotland they are call'd Banrents (which some deriue from the Banner being rent when the Pennon is took off) but there mentioned as they are among the number of Parlamentarie Lords. The name of Bannier and Banneret haue both some kinred with the old [...], whence [...] for a Standard Bearer, in the Grecians of Midle times. Vexillum quod Bandum appellant, saith Paul Warnfred. And Suidas: [...], i. the Romans call their Ensigne in warre Bandum. It's deriu'd out of the Carian language, Steph. [...]. in [...]. wherein [...] signified Victorie ( [...]) into Latin, by some affirming that [Page 355] in Latine it was vsd for Victorie, or [...]. The good luck, included in the interpretation, might allow it, but I rather think, the name of [...] applied to their Labarum (their Standard) bearing a symbole of our Sauiour, was the cause that made any man think that Bandum signified Uictorie, which is comprehended in [...]. With this right of hauing a Banner, remember that which is alreadie spoken of touching the ancient giuing of Prouinces to Dukes, Counts, and Marquesses, to which you may add that anon deliuerd, of the Turkish Sanzacbeglar. Although those Dignities are different, yet may they bee here well thought on. That communitie of the right of aduancing a square Ensigne charged with Arms, which both Barons and Bannerets enioy, was the cause why the name of Banneret and Baronet hath been by some confounded, and the one anciently writen for the other. And therefore in a challenge to the grand Assise 22. Ed. 3. sol. 18. a. tit. Challenge 119. vnder Edward III. one was challenged pur ce (que) il fuit a baner (or as the Abridgment hath it, a Banneret) but it was not allowd, and the reason is giuen, car s'il soit a baner & ne tient pas per baronie, il serra en l'assise For, Barons are exempted from Iuries & Assises &, it seems, this question supposd a Banneret so neer a Baron in Dignity, that nothing should haue wanted but the tenure per Baroniam. And in another yeer 35. Hen. 6. sol. 46. Baronet is expressely for a Parlamentarie Baron, as, in the Annals of Sub A. 1302 Ireland, quadraginta Baroneti are for XL. Bannerets. And the like occurring in other Monks and Storie, of that kind, is to be so vnderstood. No more of these Bannerets, after I haue transcribed a Writ of discharge of being Knight of the Parlament, because he was a Banneret, directed to the Sherife of Surry, for one Sir Thomas Camoys vnder Claus. 7. Rich. 2. memb. 32. in dorso. Richard II. It speaks thus: Rex Vicecomiti Surriae, quia vt accepimus tu Thomam Camoys Chiualer, qui Bannerettus est, sicut quamplures antecessorum suorum extiterunt, ad essendum vnum [Page 356] Militum venientium ad proximum Parlamentum pro-communitate Comitatus praedicti de assensu eiusdem Comitatus elegisti, Nos, aduertentes quod huiusmodi Banneretti ante haec tempora in Milites Comitatus ratione alicuius Parlamenti eligi minimè consueuerunt, ipsum de Officio Militis, ad dictum Parlamentum pro communitate Comitatus predicti venturi, exonerari volumus, and so commands him to chuse another. But that of BARONET became a new erected distinct Title vnder our present Soueraigne, who, for certain disbursments toward the Plantation in Vlster, created diuers into this Dignitle, and made it hereditarie. The particulars of the Patent shall instruct you. Ordinamus (saith the King) ereximus constituimus & creauimus quendam statum, Gradum, Dignitatem, nomen & Titulum Baronetti (Anglicè of a Baronet) infra hoc regnum Angliae perpetuis Temporibus duraturum, and then giues the title to the Created, to him and his heirs Males of his bodie. And that he shall haue precedence in all writings, Sessions, and Salutations before all Knights, as well of the Bath, as Knights Bachelors, and also before all Bannerets, created, or hereafter to be created, excepted only illis Militibus Bannerettis quos sub vexillis Regijs, in exercitu Regali, in aperto bello, & ipso Rege personalitèr presente explicatis & non alitèr creari contigeret. And that their wiues and eldest sonnes respectiuely haue like precedence. That they should be impleded, and sue by the addition of Baronet. And that to the name of them, and the heirs males of their bodies in sermone Anglicano, & omnibus scriptis Anglicanis praeponatur haec additio, videlicet Anglicè, SIR. And thar their wiues haue the titles of Lady, Madame, and Dame: with a grant, quod nec nos nec Heredes vel successores Nostri de caetero in posterum erigemus, ordinabimus, constituemus, aut creabimus infra hoc Regnum nostrum Angliae aliquem alium gradum, Ordinem, nomen, titulum, Dignitatem, siue statum, sub vel infra gradum, dignitatem, [Page 357] siue statum Baronum huius Regni nostri Angliae, qui erit vel esse possit superior vel aequalis Gradui & Dignitati Baronettorum praedictorum. And further, that after the proposed number of CC. made, quod tunc nos non cre [...]imus; vel praeficiemus aliquam aliam personam vel personas in Baronettum vel Baronettos Regni nostri Angliae, sed quod Numerus dictorum CC. Baronettorum ea ratione de tempore in tempus minuetur, & in minorem numerum cedet & redigetur. Vpon point of precedence a great controuersie grew afterward between these new Baronets and the yonger sonnes of Viscounts and Barons; and after the Counsell on both parts three seuerall dayes at large heard by his Maiestie in person, it 28. Maij. 10. Iacobi Regis. was decreed, adiudged, and established that the yonger sonnes of Viscounts and Barons shall take place and precedence before all Baronets.—And that such Bannerets as shalbe made by the Kings Maiestie, his heirs and successors vnder his or their Standard displaied in an Armie Royall in open Warre, and the King personally present, for the terme of the liues of such Bannerets, and no longer (according to the most ancient and noble institution) shall for euer hereafter in all places and vpon all occasions, take place and precedence as well before all other Bannerets whatsoeuer (no respect being had to the time and prioritie of their Creation) as likewise before the yonger sonnes of Viscounts and Barons, and also before all Baronets. And again that the yonger sonnes of Visconts and Barons, and also all Baronets, shall in all places and vpon all occasions take place and precedenee before all Bannerets whatsoeuer, other then such as shall be made by the King himself, his heirs and successors in person, and in such speciall case manner, and forme as aforesaid.—And that the Knights of the most honorable Order of the Garter, the Priuie Counsellors of his Maiestie his heirs and successors, the Master of the Court of Wards and Liueries, The Chancellour and vnder Treasurer of the Exchequer, [Page 358] Chancellour of the Duchie, the chief Iustice of the Court commonly called the Kings bench, the Master of the Rolls, the chief Iustice of the Court of Common pleas, the chief Baron of the Exchequer, and all other the Iudges and Barons of the degree of the Coife of the said Court [...] now, and, for the time being, shall, by reason of their Honorable order and employment of State and Iustice, haue place and precedencie in all places and vpon all occasions before the yonger sonnes of Visconts and Barons, and before all Baronets, any custome, vse, ordinance, or other thing to the contrarie notwithstanding. But, that no other person or persons whatsoeuer vnder the degree of Barons of Parliament shall take place before the said Baronets, except only the eldest sonnes of Viscounts and Barons, and others of higher degree, whereof no question euer was or can bee made. And in the same Decree his Maiestie further granted to knight the present Baronets which were then no Knights, and that the heires males of the bodie of euerie Baronet hereafter when he shall be of XXI. yeers, Vpon knowledge thereof giuen to the Lord Chamberlaine of the Houshold or Vicechamberlaine for the time being, or in their absence to any other Officer attending vpon his Maiesties person shall be Knighted by his Maiestie his heirs and successors. And that the Baronets and their descendants shall and may beare either in a Canton in their Coat of Armes, or in an Inscutcheon at their election, the Armes of Vlster, that is, a field Argent, a hand Gueules. And also that the Baronets for the time being, and the heirs males of their bodies shall haue place in the Armies of the Kings Maiestie his heirs and successors in the grosse, neer about the Royall Standard of the King, his heirs and successors, for the defence of the same. And lastly, that the Baronets and the heirs males of their bodies shall haue two assistants of the Bodie to support the Pall, a Principall Mourner and foure assistants to him at their funeralls, being the meane betwixt a Baron and a Knight. I haue [Page 359] transcribed this, because out of it may be collected somwhat touching other Dignities; and although a Baronet, being a descendible honor, is not properly mongst Knights, yet, because, by the Decree, a Knighthood is so due [...] it, I shall not be much subiect to error of method for putting it here, as occasion also was offerd. Those of the BATH were anciently mongst the old Franks. Prisci Franci (saith Idem mos in Hispanis olim Hieronym. Roman. apud Menen. in Equest. Ord. vbi de Banda. Ad equest [...]em dignitatem veteres ritus & solennes reuocasse Franciscum 1. Galliarum Regem scribit Hadr. Iunius in Batauiae cap. 19. Du Tillet) ceremonias instituendis Equitibus multas adhibuerunt; vt prius vigilarent diu, Balneis (que) & alijs rebus vterentur.—Quarum ceremoniarum vsus memoria nostra perstat in Anglia, vbi viros eiusmodi vocant Balneorum Equites. The eldest creation of them mongst vs rememberd, is at the Coronation of Henrie IV. (for to talk of Iulius Caesar's knights of the Bath is the worst of what is ridiculous.) Hee then in the Tower made XLVI. and at Coronations, Royall Marriages, Christning or Knighting the Prince and such like were wont many to be made. The particulars of the more ancient forme of Creation, are at large by others Segar, Honor Milit. lib. 2. cap. 11. deliuerd; and I had rather refer you to them then transcribe so much. In these times the chief ceremonies are (not much differing from the old) that such as out of the fairest flowers of Nobilitie are to be thus honord, the Camd. in Ord. day before the creation, heremit-like in ashcolour robes, in a hood and a linnen cap, and booted, go to Praiers, there to offer themselues first to God; then, attended euery one by two Esquires and a Page (remember here the Trimarcisia which we speak of out of Pausanias) they sup together. Thence into a chamber. Where euerie one hath his bed furnished with red Couering, charged with his Armes, and by, his bathing Tub couerd with linnen clothes. In this, after some deuotions they wash themselues. Next morning they are raised with Musique. Then the Constable of England, the Marshall, and others hereto by the King appointed, giue euery of them his oth, binding him to [Page 360] the specall honor of God, his Church, and the King, and to the defence of Widows, Virgins, Orphans. Then vsherd by the Kings Musicians and Heralds they go in their Heremit-like weeds, to Morning Prayer, whence they are in like forme brought into their ch [...]er. There they change their habits, and put on a red silk robe, a white hat, with like feathers vpon a linnen cap, and white Gloues. Then they take horse, their horses bearing a Crosse on the forehead. Before euery of them, their Pages on horseback bear a Sword hatcht with gold in a Belt, and on it gilt spurres hanging. The two Esquires riding on each side. Before them, Trumpets. In this solemnitie they go to Court, where, by two ancient Knights, euery of them is led to the King. The Page deliuers the Sword and Belt and the Spurres to the Lord Chamberlain, he, with great reuerence, to the King. The King girds the Knight with it, and commands the two ancient Knights to put on his Spurs, and they were wont, saith the learned Clarenceulx, to kisse the created's knees, with an acclamation of best wishes. Then they dine all together, sitting all on one side of the Table, euerie one vnder his Shield. They go to Euening Prayer to the Chappell, there offer their Swords, and with another Oblation redeem them. As they come back, the Kings chief Cook, shewing them his knife, warns them that they proue themselues good and faithfull Knights, which, if they doe not, he menaces them to cut off their Spurs. On the Coronation day they weare a blew robe, and wait girded with their Swords and Spurr'd, hauing on their left shoulder a hood and a ribband or such like of white silk: Of this ribband, thus Segar Charter, describing the old fashion. He shall be apparelled in a blew Gown, with the Manches open in the maner of a Priest, and he shal haue at his left shoulder a lace of white silk hanging, which he shall wear vppermost on his Garment, so long till hee haue [Page 361] gained honor in Armes, and bee recorded by some noble Knights, Esquires, and Heralds of Armes, for som memorable deeds done by him, or by some Noble Prince or Noble Ladie, which may cut away the lace from the knights shoulder, saying Sir, we haue heard much of your renown, and that you haue done in diuers places to the great honor of Chiualrie for your self and him that made you knight: Therefore reason would that this lace be taken from you. This Order is now speciall and in another Rank before common Knights, yet it seems that anciently none were at all knighted but thus, if you regard only the chiefest of the ceremonies. Remember what we haue before out of Iugulph. And for the Vigils, see the Florilegus sub A. 1306. relation of them kept in the Temple at the knighting of Prince Edward of Caernaruan. And I remember Nicholas Upton that wrote de re Militari vnder Henrie VI. speaks of that wearing the Riband as belonging generally to Knights. Most Knights then were in the more ancient daies as Knights of the Bath; for the more ancient ceremonies of creation remain in them only. And therefore, howeuer the name hold not so vniuersally, its not amisse to make them (as Bannerets) such as haue, or haue had their distinct honor not so much limited to any particular State.
Those two, Bachelors and of the Bath, you may comprehend vnder the generall name of Equites Aurati, or Caualieri di sprone, as Sansouino calls them, i. knights of the spur. And most of the other Orders, which are appropriat to their particular Countries, you may with him stile Caualieri di Collana, or Equites Torquati, i. such as for a speciall ensigne of their honor, haue som speciall Chain, Collar, or such like ornament denoting it. I iterat speciall, because also others haue the right of wearing Collars giuen them, as it seems, in that of Iohn Gower a Noble English Poet (vnder. Richard II. and Hen. IV.) buried in the North side of S. Mary Ouerie [...] [Page 362] Church in Southwark, with his statue on him, his head circled with a Chaplet of red Roses, and about his neck a Collar of S S. But they haue them as speciall gifts of priuat fauor, and as additaments to their honor, not as a note of their Order, except only such as are created Esquires by a Torquium dator dictus Athelstanus Antiquiss. cuidam scriptori apud Henric. Huntingdon. lib. 6. & de Torquibus a Romanorum Impp. datis non est vt quid hic quis expectet. Collar of S S. giuen. Therefore Sansouino speaking of Knights Bachelors, or of the Spur, Portano (saith he) similimente la Collana come i Prencipi, come puro dono de chi li crea, & non come Segno d'ordine alcuno di Caualeria regolata. Such kind of gifts are anciently found in the stories of Pharaoh, Mordechai, and passages of the Maccabees, and in the Torques, Armillae, the like of the Romans. And after the battell of Caleis Edward III. wearing a rich Chaplet Froissart. vol. [...]. on his head, made of gold and stones, gaue it to a worthy knight Eustace of Ribaumont, commanding him to weare it all that yeer as the Kings fauor. Mongst Knights di Collana foure are of speciall and of most honor: that of the Gartier with vs, of the Anunciada in Sauoy, of the Golden Fleece in Burgundie, and of S. Michael and de Saint Esprit in France. Of them and som others briefly. That most honorable Order Periscelidis siue Garterij Ordo. of the Gartier was (as is truly supposd) instituted here by Edward III. soon after his victories against the French at Caleis. About M. CCC. L. Some and the most part affirme, that the King dancing with the Queen, or rather the Countesse of Salisburie (whom he much affected) a Garter fell from her. The King took it vp, and ware it on his leg, and, whether vpon the Queens ielousie, or his Lords merrie obseruing it, told them Hony soit que maly pense. And that he would make it the most honorable Garter that euer was worn. Others think the Garter was vsd for some symbole before his successefull battell. Howsoeuer, he made of this an Order of XXVI. knights vnder the patronage of S. George, and the Garter to be worn on the left leg inscribd by embrodering with [Page 363] those French words. The Collar of the Order being of pure gold, made of Garters and knots, and enameld with Roses white and red, weying about XXX. ounces Troy weight, with the Image of George, richly garnished with slones thereat hanging. Froissart, that hath many particulars of the Kings affection to the Countesse, and then liud, speaks of no such thing as hir Gartier, but in M. CCC. XLIV puts the institution de la Confrairie Saint George, or de les Cheualiers de bleu lartier as he calls it, and makes the number at the first Iousting, fortie. Which referre to that which we haue anon out of Walsingham touching the Round Table, vnder the same yeer, and more light will bee giuen to both autors in those passages. But in the book of the Camd. in A. tr [...]batijs. videsis Leland. ad Cygn. Cant [...]onem. institution of this, its mentiond that Richard Coeur de Lion purposd a like, vpon som comfort receiud, in his wars against the Turks and Agarens, from S. George. Illabente (are the words) per Diui Georgij, vt opinatum est, interuentum spiritu, venit in mentem vt quorundam electorum Militum cruribus coraceum subfibulum quale ad manus tunc solum habebat, induceret, quo futurae Gloriae memores ex condicto si vincerent, ad rem fortitèr ac strenuè gerendam expergefierent, ad Romanorum instar, apud quos illa Coronarum varietas. The Kings of England are Soueraigns of the Order, and Henrie V. ordaind the King of Heralds, Garter, for it. Many suprem Princes haue been honord with it. Why this was dedicated to S. George, may easily be known if you remember how vniuersall a Patron he is in Christianitie. For although hee be v. 10. Hen. 7. cap. 20. Statut. Hiberniae. now with vs as particular as S. Denis in France, S Iames in Spain, S. Andrew in Scotland, S. Mark in Venice, S. Patrike in Ireland, S. Antonie in Italy, yet not only the Emperor Frederique III. Pope Alexander VI. and the State of Genoa of later time ordaind certain Colledges of Knights de la Croce vnder S. George against the profest enemies of Christ, and the Armes of the [Page 364] great Duke of Moscouie are iust as our S. George; but also this very name of the Saint is vsually taken for Christ himselfe, and his Serpent for the Diuell. Its true that our Edward III. made his inuocation at the battell of Caleis Ha Saint Edward, Ha Saint George, and that Rama, or, as others, Anna Comnena Alexiad. n. & Malmesb. lib. 4. alij. Ramel (where, in the Holy Warres about M. XCV. a Bishop in honor of him was constituted, because in an Robert. Monach. hist. Hierosolym. lib. 8. apparition Celestial, and of the Albati Milites he was affirmd to be the Standard-bearer, or Antesignanus) is the place famous for his Martyrdome and Shrine, and other particulars in the Legend occurre to this purpose, yet Georgij (saith Pope Dist. 15. c. 3. § item gesta. Gelasius) aliorum (que) huiusmodi passiones quae ab haereticis perhibentur conscriptae, propter quod, ne vel leuis ordiretur subsannandi occasio, in sancta Romana ecclesia non leguntur. In the Greek Menologie hee is cal'd Tropelophorus, which is so cited by that great Cardinal Baronius. But I wonder hee mended it not. Plainly it should be Tropaeophorus. And an Eastern Ioann. Euchait. in Hypomneum. [...]. & pag. 51 Bishop writing to Constantin Monomachus, calls S. George
And in another place hee calls him [...], by which name to the Greeks he was known. Of him you haue enough in the Martyrologies in the XXIII. of Aprill (on which the feast of these Knights is celebrated with great solemnitie at Windsor, where the Chappell is dedicated to our Ladie and S. George; the Dean being Register of the Order) and you may see also Erhard Celly in his late description of Frederique Duke of Witemberg his installation into it by fauour Of the Round Table. of our present Soueraign. The Mahumedans honor Cantacuzen. Apolog. 3. [...]. him, as we. They call him Chederle, which one expresses by [...]. Som talk of S. George born by [Page 365] King Arthur in one of his Banners. But what is deliuerd of that Prince is so vncertain, that euen the truth of his honord deeds, is by incredible reports of him, obscur'd. Yet by the way, his Order of the Round Table must not here bee forgotten. Some make his first celebration of it at Caerleon in Monmouth, others at Winchester (where the Table is supposd yet to be; but that seems of later date) and Camelot in Somerset is famous v. Leland. Assert. Arturij alios. by it. Of Winchester, and the marriage of Igerne to Vter Pendragon, father to Arthur, Harding speaks as if Vter had begun it for Knights, and Ioseph of Arimathia for religious persons.
Its like enough some such thing as Arthurs Order of this kind might be. For out of Heger Earl of Mansfeild his being of it, the antiquitie of Spangb. apud. Ortelium in Mansfeild. that Earldom in Saxonie is deriud; and in Denbighshire, as Stow tells vs, in the Parish of Lansannan on the side of a stonie hill, is a circular plain, cut out of a main rock, with some XXIV. seats vnequall, which they call Arthur's Round Table. But many particulars of it, as the names of the [Page 366] Knights, the certain number, their Coat Armor, and such more, whereof too largely are testimonies, such as they be, extant, I beleeu as much as Rablais liure 2. chap. 30. him that saies Sir Lancelot du lac fleas horses in hell, and that all these Arthurian Knights are poor Watermen vpon Styx, Acheron and other Riuers there, to ferrie Spirits, and Diuels vp and Down, and that their fare is a fillip on the nose, and at night a peece of mouldie bread. But, for the Round Table; it seems it was in vse for Knights to sit at mongst the old Gaules, as Posidonius Athenaeus Dipnos. [...]. remembers; and that to auoid controuersie about precedence. A forme much commended by a late Gemos. Halograph. lib. 3. cap. 9. Writer, for the like distance of All from the S [...]lt, being Center, first, and last of the Table furniture. Its certain that it hath been in vse since the Normans mongst our Kings and in France. Matthew Paris speaks of it in Hen. III. and Mortimer's vnder Edward I. at Kelingworth, is famous in storie. But what Thomas of Walsingham hath of Edward the third's at Windsor (before the Garter) and of Philip of Ualois his in France, receiue out of his own words. Anno M. CCC. XLIV. qui est annus regni Regis Edwardi à conquestu terty XVIII. Rex Edwardus fecit conuocari plures artifices ad Castrum de Windsore (remember that before out of Froissart) & caepit aedificare domum quae Rotunda Tabula vocaretur: habuit aut em eius area à centro ad circumferentiam per semidiametrum c. pedes, & sic diametrum c c. pedum erat. Expensae per hebdomadam erant primo centum librae. Sed expost, propter noua quae Rex suscepit de Francia, resecabantur ad XX. libras eò quod censuit pro alijs negotijs thesaurum plurimum comportandum. Eodem tempore Philippus de Valoys Rex Franciae hoc facto Regis Angliae prouocatus caepit & ipse Rotundam aedificare Tabulam in terra sua, vt sic sibi attraheret militiam Alemanniae & Italiae, ne ad Regis Angliae Tabulam properarent.
In the yeer M. CD. IX. Amades Count of Sauoy, of [Page 367] that name the VI. (for vntill Amades VIII. it was no Della Nuntiata [...]n Sa [...]o [...]a. Dukedom) began the Order of the Anunciada. It was in memorie and honor of a victorie had by Amades surnamd le Verd, one of his Ancestors against the Turks, in winning of Rhodes, whereby also the Arms of that Countie and now Dukedom became the Crosse argent in a field Gueules, being the Crosse of the Hospitalars or Knights of S. Iohn of Ierusalem, or of Rhodes. Their Collar is of plates tied together with litle chains of gold, interwouen in the form of true-loues knots, vpon euery plate is the word or letters FERT. Which is interpreted to stand for Fortitudo Eius Rhodum Tenuit. And to the Collar hangs a m [...]dda [...]l of the Salutation. Their number is XIV. Their place of solemnity's kept annually on our Ladie day, in Pietro Castella. The Charter of the institution is at large in Sansouino.
At the marriage of Elizabeth daughter to Iohn K. of Du Toison d [...]or. Portugall, in M. CD. XXX. to Philip surnamd the Good, Duke of Burgundie, celebrated at Bruges, the same Duke instituted that of the Golden Fleece. The Collar giuen is made as of Flints and Steels to strike fire, and to it is the Fleece pendant. The number was at first XXV. with the Duke. He afterward made it XXXI. and Charles the V. in M. D. XVI. at Bruxells increast it to 11. What was truly alluded to in the Collar I vnderstand not, nor can see that any els sufficiently doth. They talk of Gideon's fleece, and Iason's, and some of the Philosophers stone forsooth as conceald in the Golden F [...]eece. But all satisfies not enough.
Lewes XI. in M. CD. LXIX. began the Order of S. De S. Michael. Michael, at Ambois. The Collar is shells tied together, gold. S. Michael conquering the Diuell is annext to it. The word is Immensi tremor Oceani. The Ordinances du France tum. 3. [...]ilt. 4. institution is that euery one of the Order (appointed of XXXVI.) should haue vn Coll [...]er d'Or fait à Coquilles lacees l'un au [...]c l'autre [Page 368] d'un double laz, assisses sur chainettes au maille d'Or, au milieu du quel sur vn roch, aura vn image d'Or de Monseigneur S. Michael qui reuiendra pendant sur la poitrine, which they should bee bound to weare continually. Some think the allusion was to the X. of Daniel. Others say he took S. Michael in regard of an apparition of him to his father Charles VII. vpon Orleans bridge in the warres against the English.
Since this, Henrie III. instituted the Order of the De Saint Esprit. Holy Ghost: (the reason is made, because on a Whitsunday he was chosen King of Poland) and gaue Collars of Fleurs de lis, and flames, gold, with a Crosse and a Doue on it pendant. He made some mixture of it, and that of S. Michael, yet so that both Orders remain. And by his institution (saith Mennenius) the next day after the Collar of the Holy Ghost is giuen, that of S. Michael should be added, if the honor'd were not before of the Order. Another reason of this new one was because that of S. Michael aboue became too common mongst the vndeseruing. And what he did was somewhat like that of Charles VII. his correcting the Order of the Star. That of the Star was begun by their King Iohn (about the time of our Garter) which when the same Charles VII. De L'estoille. saw communicated to many of base condition, he Bodin. lib. 5. de Repub. cap. 4. Atqui ad loannem R. ipsum qui primo instituit referunt alij. Vide Girard. Haill. lib. 2. commanded euery Yeoman of the Gard to wear in his cap a Golden Starre. So was the forme of the Knights wearing. Whereupon presently the Knights left it off. For no greater dishonor can be to vertue, then when her desert is so prostituted. That both perswaded the King and also the Knights, to do what they did. The King did it to take away the pretended Ensigne of honor, without direct compulsion. The Knights, because they would not be like the Yeomen of the Guard. There was also in M. CD. LXIV. the Order of the Croissant ordain'd by Renee Dake of Aniou and King of Sicily. De Croissant en Aniou. To the Collar was pendant a Croissant; the word [Page 369] inscrib'd, Los en Croissant, familiar afterward to Charles VIII. This with the house of Aniou ended, but is in some sort renewed by the Marquesse of Tyras mongst the Sicilians, as a fraternitie against the Turk. And in the Aremorique Bretagne, Francis Duke there in M. CD. L. began the order of the Corn-eare, and gaue Ord [...] Spicae in Britannia Aremorica. Collars compos'd of Corn-ears gold, tied together with true Louers knots. Hereto hang'd an Ermine. The Symbole Ama vie; which was the word of his Grandfather Duke Iohn, surnamed the Conqueror. This Order ceas'd when the Dukedom was vnited to the Crown of France by Lewes XII. his marriage with Anne daughter and heire to Duke Francis. The Order of the Ordo Hystricis. Vide Paradin. Symb. Heroicis. Porcupine in imitation, perhaps, of the Golden Fleece, was about the same time begun by Charles Duke of Orleans, and King of France, the VI. of that name, the word was Comminùs & Eminùs, and the Porcupine hence became a symbole of some French Kings. And then also Lewes Duke of Bourbon made the Order of the Thistle of our Lady, with a Collar of Fleurs de lis, and leaues of Thistles, inscrib'd with Ordo Cardui. S. Mariae. Esperance. But these with that of the Montmorencys Dog, and the Cock, now are not. But the Armes of the Lusignans are often in a Coller made of Capitall SS. with a sword pendant with the point vpward, crost ouer with a winding scrol, inscrib'd with Pour Loya [...] tè maintenir. This was the note of the Knighthood of Cyprus begun by that Familie, but when it's vncertain. Ordo Cypri.
In Castile, by Alfonso XI. or, as others reckon, XII. the Order de la Banda was instituted in the Citie Victoria, Los Caualleros de la Banda, [...]n Castella. in the year M. CCC. XXXII. The Banda was as it were a Girdle, red, some foure fingers bredth, worn from ouer the right shoulder vnder the left arme. None was admitted to it, but such as seru'd ten years at least in the warrs or at Court. It was long in great honor [Page 370] mongst them, but consequentium Regum ignauia (saith Mariana) rerúm (que) humanarum inconstantia in desuetudinem abijt, vt ne vestigium quidem extet.
The Order, of S. Andrew in Scotland, hath a supposed Of S. Andrew in Scotland. originall very ancient. Some refer it to the victorie had by Hungus King of the Picts, against our Athelstan after an apparition of the Apostle and his Crosse to Hungus, who with his souldiers went barefoot, after the battell, to S. Andrew's, and there all vowd se suám (que) (saith Hector) posteritatem signo Crucis Diui Andreae, quoties ad praelium fuerit proficiscendum, vt tam insignis victoria parta diuinitùs gratâ recordatione semper haberetur pro insigni deinceps vsuros. Mansit Pictis & post eos deletos Scotis exinde hoc institutum perpetuum. The Collar of it expresses Thistles, with S. Andrew pendant to it. Certaintie enough of its beginning as an order of Knighthood I haue not yet learned. That Apostle hath been their Saint euer since Regulus Albatus a Monk (about CCC. LXXVIII. of Christ) brought his reliques thither out of Constantinople, whence they were translated from Patrae (now called Patra) where he suffred Martyrdom. Andrew was born also [...] a Collar or Garland of Rue, as Francis Mennens specially remembers. The word applied to the Thistles, Nullus me impune lacessit.
The Armes of Danmark, in Henninges and elswhere, are inscribd in a Collar made of Elephants, chargd Of the Elephant in Danmark. with Castles; thereto hanging our Ladie in a radiant Circle, and to that a litle round with three nails. This is the Collar of their Order of the Elephant, begun verie lately by one of their Kings. By whom certainly I know not. Some say by Frederique, father to the present Christiern IV. In some of his monies the Elephant is a note Royall.
Mennen describes also the Collar of the Order of Of the sword in Suethland. the sword in Suethland, made in form of foure swords [Page 371] tied one at the end of another, and so lets it about Armes proper to the Order. He tells no time of it, nor I know none. Another there he remembers, and puts the Collar about the Kings armes, of Seraphins and Cherubins Of the Seraphins there. and Patriarchall crosses.
In what State to place that the Burgundian Crosse giuen by Charles V. to diuers that had well performd Crucis Burgundiae. with him against Hariaden for Muleasses in the African warres, I know not. On S. Magdale [...]s day in M. D. XXXV. the tenth Planetarie houre he gaue it to bee worn hanging to a Collar. On the one side of the plate, because the X. houre was Mercurie's, hee was picturd, on the other the Burgundian (like S. Andrews) Crosse, with a Steel to strike fire (referd perhaps to the Toyson d'Or) and circumscribd Barbaria. But it was not any certain Order, but meerly personall to them who were first honord with it.
Of late in Italy was erected the Order of the Bloud of the Redeemer. Vincent Gonzaga Duke of Mantoua Di sangue di Saluatore, in Mantoua. when the marriage was twixt his sonne Francis now Duke, and the Ladie Margaret daughter to Charles Emanuel Duke of Sauoy, in the yeer M. DC. VIII. instituted it in a number of XX. with consent of Pope Paule V. Vnderstand, that in S. Andrews at Mantoua (according to other tales of that part) are kept as a most precious Quod habent Martyrologia de S. Longino Mart. 15. si placet, vide & Aimoin. de gest. Franc. 4. cap. 92. relique certain drops of our Sauiours bloud, with part of the Sponge. The Collar hath in it threds of gold laid on fire, and, twixt those plates, as it were, interwouen these words, Domine probasti. The LX. Psalm is aimd at. To the Collar is annext two Angels supporting three drops of the bloud, and circumscribd with Nihil isto triste recepto. The Duke himself is chief of it, and diuers other Princes were then ioind with him.
Neither, because also A [...]bert Mir [...] puts them mongst Di santo Steffano en Fiorenza. his honorarie Orders, will we omit here that of S. Stephan [Page 372] in Florence. In the yeer M. D. LXI. Cosmo di Medici Duke of Florence with confirmation of Pope Plus IV. instituted this of S. Stephan, as vnder Stephan, Pope, Martyr, and Patron of that State. But it was vnder the rule of S. Bennet; only they haue liberty to marrie. They were purposd against the Turks. Their Note, a Red Crosse edgd with gold. The Suprem or Master, the great Duke of Tuscanie or Florence. And so are as partly honorarie, partly religious.
About M. CCC XXX. the Order of S. Mark began in Di S. Marco. Venice, and was renewd in M. D. LXII. and honord with priuiledges. None but Gentlemen of speciall worth in note and discent were to be admitted of it. The Collar hath S. Marks Image with Pax tibi Marce. Mennens is my autor.
Its not amisse to reckon the Peetermen of Louain, or Homines de Familia S. Petri, mongst these Orders. Petermanni Louanienses. Their Originall is from the warre twixt Hen. I. Duke of Lorraine and Count of Louaine in M. CC. XIII. against Hugh Bishop of Liege, and som neighbor Prines, wherein the Duke was through the valour of those of Louain (their Ensign being S. Peeter's Banner) rescu'd from most imminent perill, not without the losse of M. M. Louanians. In reward whereof he honord them all with large priuiledges, and called them Peetermen. Homines B. Petri Louaniensis (saith an old Apud Lips. Louan. lib. 2. cap. 4. testimonie) liberi & priuilegiati esse debent, & sunt prae alijs hominibus. And Lipsius saies he saw a Charter of the Patrices or Senat there, dated M. CCC. XXX III. wherein one was exempted out of common iurisdiction, that pleaded se esse Hominem S. Petri & ad familiam liberam Domini Ducis pertinere. But now the name remains, the rights of libertie extinct, or as out of vse, although in the oth of the heirs and successors of the Earls of Lonain their priuiledges be yet contained.
Here may bee thought of those Tecuytles in some [Page 373] parts of America, which are there a kind of Knights made with solemnitie by the chief Priest, and boaring them through the Nostrells with a Tygers bone and the bill of an Eagle. Nor are, I think, any other of note, and not Religious extant, or worth remembrance. More particulars of the habits of some of them, and of their statuts you haue in Sansouino, our Segar Garter his Honor Militarie. Of Calatraua, Alcantara, S. Iames, and many such like more, I cannot think they are any way so fitly put amongst Titles Honorarie. For, what they are, is for what they doe in a certain place, as for a stipend; and the name of their Knighthood adds not any degree to them like those Orders of the Collar, or of the Spur, which are meer honorarie notes of valour, and worth. Why then should we not as wel make a distinct Order and honorarie, of those which in the holy wars did suscipere Crucem, anciently, and were buried crosselegd? They had their Quae habes apud G. Nouoburgens. lib. 3. cap. 22. Ordinances and statuts also. But that was only for one kind of seruice, as the Religious Orders all are, and not truly honorarie. And how could the Templars bee accounted mongst Knights (such as fit this place) being not allowd by their statuts Statut. Templar. cap. 72. so much as at all to kisse any woman? Honorarie Knighthood and the fauours of Ladies euen by ancient institution run together somtimes as Virtue and Reward.
Turkish Dignities. Amirs. Amiradia. Admirall and Ammirante, for gouernor of the Sea, whence. Sigebert's difference of Amiras and Amiraeus. [...]. Bassalar. [...] and [...]. Vezir. Vezir azem. Protosymbolus. Beglars, and Beglerbeglars. Sanziacbegs. The Turkish Banners with horsehairs hanging from them. Ancient vse of Horsehaire in Militarie Ornaments. A Sword giuen with a Banner as in [Page 374] Europe. Amir or Emir Halem. Their Globe on the top of a Spear anciently vsd, yet also mongst them painted armes haue been anciently born in the field. Timariots. [...]. Tegguirlar. Aphendis. Zelebis. Bans in Hungarie. Zupans. [...] in Hesychius. Boiarones in Moscouie. Dignities in Tartarie. Superillustris, Illustris, Spectabilis, Clarissimus. To whom these belong. A touch of Equalitie in challenge to the Duell. Secundus Ordo in Rome. Patricij.
CHAP. XII.
HItherto of such Dignities as are in this more Western world of like name, and sometimes Nature. We shall conclude all, after deliuerie of those Titles vsd in Mahumedism, and some other the more ciuill Eastern states, which so differ from them alreadie spoken of, that, but by vnfit intermixture, no place except this, could bee assignd them. The chief mongst the Turks are Amir or Emir, Bassar, Vezir, Beg, Beblerleg, Sanzacbeg, or Sangiac-beg, Tegguirs, Timariots (for those I think fitly are to be reckond as a kind of honorarie Title) and the names Aphendis and Zelebis. Of these in order. For their other Titles meerly Officiarie, as Cades, Cadilesckeris, or Casiaskers, Agilar, and such like I purposely omit, which the rather I admonish, because those first reckond are also Officiarie, and none so meerly honorarie as ours of Duke, Count, or such of this day, but verie like the ancient Dukes and Counts set to gouern Prouinces, of whome before. Of Amir something Cap. 5. partis primae &. p. 98. alreadie is spoken, and, for vnderstanding of the word, enough. It was and is both giuen the Grand Signior, and some of his Great ones, as Dominus or prafectus. Amir Echur, is Dominus or praefectus or Comes stabuli with them; there being two of them mongst the Turks, Buiuc Amir Achur, and Cudzuc Amir Achur, [Page 375] as if you should say, the Great and lesser Master of the Stable or Horse. And Dominus Potens. Amir Quibir was the greatest Dignitie in the Court of the Egyptian Sultans. The Gouernors of Prouinces vnder the Grand Signior, had this to them communicated. And those Prouinces in that regard were titled Thcophán. apud Constant. Porphyrogen. de administ. Rom. imp. cap. 25. [...], whereof XIII. are reckond long since vnder the Chaliph of Bagdat. Theophanes calls them [...], i. Ameradias magnas siue Prouincias praesidiales, as I interpret. Hence had the Eastern Empire [...], or Amiralius for a Gouernor at Sea, composd of halfe Arabique and half Greek, of Amir and [...], as if you should say Amir [...] i. praefectus Maris. And thence had Spain, France, Italie, England, and these Western parts their Almirante, Amirall, Amiraglio, Admirall, for the chief Gouernor of the Sea, which made some of our ignorant Monks call the Great Amir and his subiect or delegat Amirs, Admiralli, Admiraldi, Amirauisi, and Admirabiles oftimes in their blockish phrase. But remember that Amiralius in the Constantinopolitan Empire was not as our high Admiralls hauing suprem iurisdiction next vnder the King, He was vnder the [...]. Great Duke, and the great Drungar of the Nauie but aboue the Protocomes, the other Drungars and Counts, as Curopalata teaches. But, what made the old Monk Sub A. D C. XXX. Christi. Sigebert distinguish twixt Amiras and Amireus, as hee doth, is to me vnknown. Speaking of Mahumed, he writes, Hic in regno Saracenorum, quatuor Praetores statuit qui Amirei vocabantur, ipse verò Amiras dicebatur, vel Protosymbolus; and of Mabias or Muhauias successor to Otman or Othmen. Hotmen (he means Otman or Otoman) Amira Saracenorum perempto Muhauias ex Amireo Amiras factus; and the like distinction hee vsually keeps. As if Amireus and Amiras were two distinct, like Emperor and Lieutenant. I confesse (and I think I may doe it with safe confidence, that it can be no disparagement to my [Page 376] vnderstanding) that I see no difference possibly to be found twixt Amiras and Amireus, as they respect their originall in Arabique or any Eastetn tongue. For so it admits no such formes of termination. But for the Greek, how often Amiras is for a great Lieutenant as well as for the Grand Signior (to whom [...] is commonly added) euery one knowes which hath but acquaintance with Cedren, Zonoras, Nicetas, Acropolites, Phranza, the Ladie Anne, or others such. Indeed Alem and Muhauias pretending to the Chaliphat, being Lieutenant Amirs, are expressely stiled [...] (which is as that Amirei in Sigebert) by Theophanes; but that euer a speciall distinction was twixt Amiras and Amireus, I no where find. Its true that [...] is taken for Imperare proper to the Great Sultan in that of the same autor. [...], i. Mabias (Muhauias) Prince of the Saracens died after he had been a Generall (that is, Lieutenant in his Prouince) XXVI. yeers, and after he had been Amir (that is, in this place, Great Sultan) XXIV. yeers. And Cedren in like sense vses [...], but the vse of Amiras and Amir, to subiects delegat with Lieutenantships, is so common both in late and ancient Writers, that what difference is twixt Amiras and Amireus, came by imagination or accident mongst our Europeans, not from any reason in the Mahumedan Empire. Their Bassalar (the plurall of Bassa) are no more distinct by that name, then the Amirs. For both are as it were, generall titles. Bassa signifies a Head, and as the later Greeks had their [...] and [...], in like sense and signification as the Latines their Capitanei, so the Turks their Bassalar: all from the like root. But although [...] and Capitanij (as our word Captain) were made proper to shew a Commander of the war, whence [...] is to lead a companie in the barbarous Greek, yet vnder the [Page 377] name of Bassalar are comprehended both the Uezirs, as also Beglerbegs. And the Captain of the Tzauzes or Chauzes (that is, Noble Courtiers readie for performance of such State busines as the Sultan and the Vezirs shall commit to them) is known by the name of Tzaus-Bassa. And other are with like addition. The Greeks from Bassa haue made their [...], and [...]. The Vezirs are Counsellors of State. Their chief or President is called Uezir azem i. Consilarius supremus, which indeed is the interpretation of that [...] vide sup. pag. 23. Protosymbulus spoken of before. Neither is it much maruaile that the Greeks and some others thought it to signifie the Grand Signior, or Princeps Arabum, it being indeed Princeps Consiliariorum. This Vezir azem is by Zonaras calld [...]. The Vezirs in barbarous Greek are [...]. Mahumed II. Constantinopolit. Hist. Politic. ab A. 1391. ad 1587. [...] (saith one) [...] i. had very wise Priuie Counsellors, Chalil Bassa and Brei Bassa; for so you must interpret it. The abstract of the Dignitie is Uezirluc. Beg and Beglarbeg are both explaned in one. For Beg is Lord, Beglar-Beg is Lord of Lords, that is, one which hath vnder his gouernment diuers Begs of lesser Prouinces. And Begluc is the Dignitie of the one. Beglarbegluc of the other. Begi nomen (saith Hist. Musulmanic. lib. 4. Leunclaw) dars solet omnibus officium vel munus aliquod à Rege vel Sultano consecutis. In Asia, Afrique and Europ are many Beglerbeglucs, reckond by those which haue Pandect. Turcic. cap. 254. publisht Turkish affairs. The Greeks haue turned it into [...] i. Prince of Princes, and [...] i. a Generall of the field. But they expresse the Turkish name by Georg. Logotheta. Chron. Constant. & Hist. Politic. in Turco-graec. lib. 1. [...] sometimes, and [...]. Vnder euery Beglerbeg are diuers Sanziac. begs, and vnder them Troups of Timariots. The Sanziacbeg answers to our word Banneret, or Vexillarius; Sanziac being Vexillum. And in the stories of barbarous Grecians I remember its [...]. They are constituted [Page 378] by solemn deliuerie of a Militarie ensigne, being a Speare Pandect. Turcic. cap. 10. bearing a gilt globe on the top of it, and horsehaire and whole horse tailes hanging down, and somtimes on the Globes are Croissants, which is their most generall Ensign. They are in lieu of our Banners. Three of this kind (saith the most learned Leunclaw) stand by the Mezari or Sepulchral Monument of Amurath the first in the Suburbs of Prusa in Bithynia. Of them, he thus: Has Osmanei suis in expeditionibus ad honorem memoriám (que) trium Barbarum (so you must read his there misprinted Index Libitinarius) quasi fuerint Barbae trium Muhametis sociorum successorum & interpretum Ebubekiris, Osmanis, & Omeris, secum ferre gestare (que) solent. Some think it deriud from Alexander's militarie Ensigns, that they vse horse tailes; his coins discouering, that his were like. But its certain that in another kind horse tailes were very anciently vsd and commonly. That is in Crests
saith Iliad. [...]. & [...]. Homer of Paris; and the like of Achilles his Helm. And vpon AEneid. 2. Meminit & Synesius in Encom. Caluitij. memineris & quod habent Grammatici de [...]. i. Crista. verum ista docent Poetae passim. adeas, si placet, Etymologic. Mag. in [...]. that
Seruius notes, Iubarum, pro Cristarum, quae de Caudis fiebant, vt est—Crista (que) hirsutus equina. But also the Turkish Calendarlar (a kind of Monkish Order) wear in their Caps long Horsehaires hanging. And as the deliuering of one Banner or more was vsd in bestowing of European Dignities anciently, so in this Mahumedan State. Osman vicissim Michaeli (saith the Musulmani (que) storie, speaking of the first Osman or Otoman, and Michael [Page 379] Cosses) vexillum manu sua tradidit, qua ceremonia Clientes Sultani Turcici suis in ditionibus confirmari solent, ac magni pretij vestem iniecit. With the Banner (for so, for ought I know, this their kind may be calld) somtimes (it seems when the Prouince was giuen as a Kingdom or Principalitie and partly hereditarie) a sword also was deliuerd, which agrees further with European custom. After the death of Mahumed Beg, Prince of Caramania, the great Sultan Amurath II. sent to Abraham Beg (Ibrahim he is namd also) a Banner, quod ei suo nomine in manum (saies the storie) traderetur, & Gladium quo cingeretur, vt hac inuestiturae, quam vocant, ceremonia, ceu legitimus autoritate sua Princeps, in Regni Possessionem missus agnosceretur. And, if Iouius his relation be true, Baiazet II. in resigning as it were his Empire to his trecherous sonne Selim I. vsd. that girding him with a sword. But not only the Sanziac-begs, but the Beglar-begs are by this ceremonie created and the great officer Emir or Amir Halem deliuers the Banners. Emir Halem (so Leunclaw) significat Dominum vexillorum, & flammeolorum qui scilicet supremus est Sultani Vexillifer, & omnibus Beglerbegis ac Sanzacbegis, quum creantur, vexilla sua porrigit. Magnus Flammeolaris, Magnus Flammularis apud Graecos. You may soone meet with the Greek [...] (whence those words, and the French Oriflambe) in Leo's Tactica, Codin, Porphyrogenetes, and such more. By the way, as touching their Banners with Globes on the top, their ancient vse was so; which you see in that of the holy War between m. XCV. and m. CC. where Robert Duke of Normandie slew one of their great Amirs, whose Standard had Raimundus d'Agiles hist. Hierosolymit. Baldricus lib. 4. alij. in summitate Argenteae hastae pomum Aureum, which the Duke offerd at the Sepulchre, hauing bought it of one that took it, by right of war, for XX. marks. And their superstition will allow no pictures of Septemcastrens. cap. 10. Arms or such like; yet its reported that a great Souldier and Knight [Page 380] vnder the Egyptian Chaliphat (being afterward Caliph or Sultan there himselfe; my autor calls De Ionuilie en la uie de S. Loys chap. 27. au pres l'an. 1240. him Scecedun, and it was towards the end of that Caliphat) did bear in his Banner the Armes of the German Emperor (from whom he had receiued Knighthood) and of the two Sultans of Aleppo, and Babylon, that is of Egypt. The words of the old autor are; Il portoit in ses banieres les armes de l'Empereur qui l'auoit fait Cheualier, & estoit sa bantere bandee, d'ont en lun des bandes il portoit pareillement les armes du Souldan de Hallappe: & en l'autre bande l'ung costè estoient les Armes du Souldan de Babylonie: which shews that notwithstanding their Mahumedan precepts they haue born painted Armes. Vnder the Sanzac-begs are Timariots, but both vnder the Beglar begs, and readie for seruice at their command. The Timariots are such as haue lands (those specially which are acquired by the wars almost as the Milites limitanei in the old state of Rome) assignd to them to hold as it were by Knights seruice, and by reason of the tenure are bound to the Wars. Of them, are reckond vnder that Empire About DCCXIX. m. able fighting men. In Asia and Afrique some CDIXII. m. in Europe some CCIVII. m. and in them and the A [...]zamoglas, that is children of Christians taken vp to make lan zaries, the chief strength of that State consists. The name, as many other, came out of Greek into Turkish. [...] Damascen. Studites apud Leuncl. Pandect. Turc. cap. 186. hath been vsed as [...] for a Stipend, Price, or Honorarie reward, and from [...] questionles had its beginning. And Timar in Turkish is now as much as Uectigal Megiser. Diction. Turcico-Latin. or the like; whence these Timariots are by some Greeks calld Chalcondyl. hist. lib. 8. [...]. But mee thinks Meursius doth not well interpret that by Honorati, vnlesse he had added stipendio militari, or such like. For to that hath all the honor respect, which the Timariots enioy. Of these, you shall see Osman or Othman the first his Constitution, as the Musulmanique storie [Page 381] hath it in Latine. Quicun (que) Timaria vel in Villarum vel aliorum praediorum Constituta prouentibus liberalitate nostra consequutus fuerit, eis sic vti frui debebit, vt illi abs (que) iusta causa, neminis vlla siue fraude siue vi adimantur. Quod si morte decesserit, eadem ipsius filio cedere volumus etiamsi minor adhuc, fiue pupillus sit, illa tamen lege, vt belli tempore Pupilli loco, mittantur alij, donec ipse Pupillus adoleuerit, & armis gerendis idoneus enaserit. And hee annexeth a terrible execration on those of his successors that shall any way derogate from this law. The Timaria are hereby made hereditarie, but at this day, as I think they are but for life. Som which haue the gouernment of a Town or smal Prouince they call Teggiurlar or Teggiurs, i. Presidents. Chalcondylas expresses it by [...] a name in like sense vsd in the Lacedemonian state. And in contempt, a litle before the end of the Greek Empire, they calld those of Constantinople only Teggiurs, as if their declining greatnes had deserued no better. Their Aphendis writen also by the later Greeks [...], is corrupted from [...] i Lord. And by Zelebi (in the plurall Zelibilar) is our word Noble or Gentle vnderstood. Those more speciall Dignities, Vezir, Beglerbeg and Sanziac-beg, I confesse are not lesse officiarie then diuers others here omitted, as Cadilescheir or Cassi-asker, Agalar, Drungar, and others, but I haue therefore the rather shewd them, because they are most honorarie, and that as well by their names, as places in state. The like may be said of the Hungarian Bans, which are Pandect. Turcic. cap. 174. & 71. Presidents or Gouernors of some Kingdomes belonging to that Kingdom, as Dalmatia, Croatia, Slauonia, Seruia, and others. And, as Sanzac-begs, or Bannerets, haue perhaps their name from Band or Banner. Whether any communitie betwixt them and the old [...] or Guil. Tyr. de Bello sacro lib. 20. cap. 4. vide verò & Meurs. Glossar. Graeco-Barb. in [...]. Suppani of the Slauonians, Seruians and other by, I know not. For Constantin Porphyrogennetes speaking of the Croatians, Seruians, and their [Page 382] neighbours, [...] (saith he) [...]. i. These Nations haue no Princes, but only old Zupans, as the other of the Slauonian Nation. But the same autor seems then to make [...] and [...] equiualent, which causes mee think they are both neer kinne to Ban. Which I doubt not but is ment in that of Hesychius. [...]. Neither needed Meursius to haue enquird further for it as a Latine word, notwithstanding that Hesychius speaks of Italians. Who knows not how vniuersall the name of Franks and Latins are, according to the later Greeks? There are Vaiuods which are loco Regis administrationem habentes in aliqua prouincia, puta (saith Leunclaw) Transsiluania, Valachia Maiori, Valachia minori, sed ea lege tamen, vt Gubernatore sit inferior. He interprets Vaiuod by Captain, or Tribunus Militum. Of that somwhat more is in the v. Chapter before, where we speak of Polak Vaiuods. But since the Vaiuods of Walachia (the maior Walachia is what wee now call Moldauia, corrupted from Mauridauia, i. nigra Dauorum siue Dacorum regio, which is exprest in the Turkish Carabogdania) assumd libertie to themselues against the Crown of Hungarie, they rather affected the title of Despote or Prince, which, with the miseries they haue endured vnder Mahumedan Tyrannie, are somwhat incompatible. Of the Moscouian or Russian Knesi or Dukes, before. One other kind of Dignitie they haue in the Boiari or Anne quid hic à Barone? Boiarones. Ne (que) alium gradum (saith Sigismund) seu dignitatem habent post Boiaros qui more nostro locum nobilium seu Equitum tenent. And for their vse of the word Great, Illud predicatum Magnus tribuitur omnibus excellentioribus personis. Ne (que) n. quenquam strenuum, aut Nobilem aut Baronem illustrem aut Magnificum vocant, aut alio deni (que) id genus titulo ornant. The same autor of the Tartars. Nomina Dignitatum apud [Page 383] Tartaros haec ferè sunt. Chan Rex est. Sultan Filius Regis. Bij Dux. Marsa Filius Ducis. Olbond Nobilis vel Consiliarius. Olboadulu alicuius Nobilis Filius. For the Nobilitie in Poland, see what we haue before where we speak of their Uainods. Some proportion may bee found twixt the Mahumedan and Christian Dignities, yet none so certain that it may deserue to be expressely noted. But, for a concluding Corollarie, it will not be amisse to adde the quadripartit distinction of Ciuilians which they haue, and applied to those Dignities of our Times and States. Their Doctors make it in these foure: Superillustres, Illustres, Spectabiles, and Clarissimi. And comprehend them in those Lucas de Penna ad C. tit. de Dignit. proaemio. barbarous verses,
Supposing this generall Diuision, in the first rank of Superillustres, they place the Pope and Emperor quo in numero (saith De Sing. Certam. cap. 32. & 33. Alciat) & Francorum Regem Collocandum, censeo, cum Imperatoris Fastigium aequet, ei (que) in regno suo obseruantiam nullam prestet. Nor do I see any colour of reason why all other Kings, such as we haue shewd to haue rightly the attribute of Emperor, should not as well be mongst the Superillustres. But the Doctors generally too much flattering their Emperor, put all other Kings (beside him) vnder Illustres, into a different degree from the Emperor. But Alciat thinks it fit to adde there such Dukes as haue Royall Supremacie, nec ex facto Caesaris potentiam formidant, and reckons of them, Dukes of Millan, Austria, Burgundie, and Bretagne. Among the Spectabiles hee puts other Dukes, Itémque Marchiones, & Comites, & quos quidam Principes vocant, dum tamen ab ipso Caesare Dignitatem [Page 384] suam acceperint. Why Dukes, Marquisses and Counts made by other absolut Princes, should not be of that Degree, I know not. The Clarissimi are Counts made vnder Dukes, Barons, Valuasours, and id (que) genus (saith hee) Pagani Reguli. And hee applies this to that question of the Duell vtrum maior ab inferiore, iure prouocatur, affirming in his opinion, that equalitie enough is mongst all of euerie of those Degrees. As, that the Duell should proceed vpon challenge twixt two of thr Superillustres, or any two of the Illustres, so of the Spectabiles; but that a Spectabilis may not challenge an Illustris, nor the like bee in the other Ra [...]ks. Ei vero, saith hee, qui ab vsque Abauis sit Nobilis & in armis aetatem egerit, satis putarem per mittendum vt cum Clarissimis congredi posset. Cum enim illorum vltimus sit gradus, cum & Modica sit inaequalitas, haec exceptio non omnino locum sibi vendicat. But Paris de Puteo thinks that a Gentleman of foure descents may challenge a Duke, or any beneath him, vpon personall wrong; which, nor the like, we dispute not here, but refer you to those Autors, Iustino Mutiopolitano, and others; many also differing from this quadripartit distinction. Which indeed, if examiud according to their Tex [...]s and Stories of ancient times, wherein their great Doctors were too much strangers, will bee found to bee meerly their own, without originall in their Iustinian, vnlesse you call the abuse of his words the Originall. For in the C. tit. vt Dig. Ord. seruetur. & tit. seqq. Code, you haue Illustres, Spectabiles, Clarissimi, Perfectissimi, and Egregij, and those times had Illustratus, Spectabilitas, Clarissimatus, and Perfectissimatus, for abstracts, giuen as honorarie Titles; but with such varietie, that its hard to distinguish to whom euery of them was proper. Neither do I see any Ciuilian Consulas Alciat. Dispunct. lib. 3. cap. 4. & Isidor. Origin. 9. cap. De Ciui- able to extricat it enough cleanly. But he, nor the Code, nor any Text of their law [Page 385] hath that new made word Superillustris. And the old French Kings of about a thousand yeers since in their Charters Aimoin. de gest. Franc. 2. cap. 20. alij. take but the addition of Illustris or Illuster, as they wrote it. Plainly the Illustratus was Cassiodor. Var. lib. 6. form. 12. highest, and the Spectabilitas next. And so may that of Ausonius Eidyll. 9. in Mosella. be vnderstood, speaking of such as
The secundus Ordo in ancienter time, before Constantin (about whom these new Titles and others began most in vse) including the Flos Iuuentutis, or Ordo Equestris, whence one vnder Papinius ad Marcell. Syluar. 4. Domitian calls Septimius Seuerus a Roman Eques, by the name of Iuuenis inter Ornatissimos secundi Ordinis. Neither was that distinction of Illustres, Spectabiles, and the rest then known, howsoeuer its attributed to Photius Patriarch. Biblioth. Cod. 244. Diodore of Sicily, that he affirmes [...]. i. that the Dignitie of the Illustres was third from the Patricij. Some great mistaking hath causd this error. For Diodore liud before and in the beginning of the Empire. How then could hee talk either of Patricij or Illustres, neither of which names were as yet, in their later sense, vsed? But the assertion, whensoeuer thrust in there, means, it seems, that the Illustres comprehended both Patricij, Consules, and other Senatores and Praefecti, diuiding all of them into three Ranks, wherof the last was third from the Patricij. The words of ff. tit. de Senatorib l. 12. §. 1. v. C. tit. Vbi Senat. vel Clarissimi. Vlpian are: Senatores accipiendum est eos qui à Patricijs, & Consulibus, vsque ad omnes Illustres Uiros descendunt; which the Synopsis Basilicon expresses by [...]. i. From the Patricij to the Illustres they are all Senators; as if you should say, From the [Page 386] Patricij (which are the chief of the Illustres) to the inferior in that Degree inclusiuely are all Senators. But if that which Zosimus hath of Constantin's first institution of the Patritiatus (thereof before, where we speak of Peers) be true, how can that attributed to Vlpian (who liud vnder Alexander Seuerus) bee without suspition? It hath been before now Panciroll. ad Notit. Orientis cap. 2. much suspected, and by one that hath best collected these Degrees of Roman Dignities, from whom it is fitter to instruct your self in them, then here expect them.