ifliiiip??^liipiii c. THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES A COLLECTION Of Curious DISCOURSES, Written by Eminent ANTiaUARIES Upon feveral Heads in our Engli/b Antiquities^ And Now firft publifhed by THOMAS HEARNE, M.A. OXFORD, Printed at the Theater, m:dcc7xx. [Ill] The CONTENTS. Pag. XIII. HE Publifliers Preface. The Antiquity of the Lawes of this Ifland, by W.Hakewill5[of Lincoln's Inn, Efq. nearly ' related to Sir Thomas Bodley, . and Brother ^ of D'. George Hakewill who 1? . ,writ the Jpology,'] i. ^ III. Of the Antiquity of the laws of England, 1 [by Anonymous.] 12. IV. Of Sterling money, by Sir Thomas Lake, [one of the principal Secretaries ^ of State in the timeof K. James I.written an^ if 90. ly. V. Of Sterling money, [by Anonymous.] 18. VI. Of SterUng money, by Francis [Botevile, commonly called] Thynn, [the fame who was Lancafter Herald of Arms, and died + an. I. Athen. Oxon. Vol. I. col. 817. z. Ath. Oxon. Vol. II.col. 65. 3. Ath. Ox. Vol. I. col. 769. 4. Ath.Oxon. Vol. I. C0I.3 19. a 2 idii. i IV The Contents, 16 IX. He is famous for being one of thofe that continued Raphael HoUynfhed's Chro- nicle, tho* all the Things that he was Author of in that Continuation are not commonly known, and for that reafbn not noted in Mhente Oxon, the Compiler whereof was ig- norant, that a great many of the flieets (be- ginning in p. 14 1 9. and ending in p. ifjy.) were caftrated or fupprefled, becaufe feveral Things in them gave Offence. Thefe ca- ftrated flieets are now {o very fcarce, that I could never yet meet. with but two Copies of HoIIynfhed with them, tho' I hear of feveral others. Thofe two Copies that I have it^n were lent me by two learned Friends, to whom I am alfo obliged upon many other Accounts. I find by th^m that fourDifcourfes of our Author Thynn were fupprefs'd, W:^. (i.) A Difcourfe oftheearles of Leicejier by fuc- cejjion ; which Difcourfe is thus intit. in the Margin, The coIleRion of the earles of Leicejier^ by Fr.Thin is%S' 1 2.) The lives of the Arc h- bijhops of Canturburie^ "written by Francis Thin ^ in the y ere of our redemption i^%6. which is the year in which this Chronicle came out, and in which Robert Sutton alias Dudley Earl of Leiceller (of whofe Entertainment in the Lowe Countries there is a large and invi- dious Account, faid to be written by John Stow,) fell into Difgrace. {l) A treatije of the The Contents. the Lord Cobhams. (4.) The Catalog of the lord wardens of the cinque ports^ and conflables of Dover cafile^ ajweli tn the time ofj^ing Edward furnamed the Confejfor^ as fince the r eigne of the Conqueror, Both thefe were gathered, as well out of ancient records and monuments, as out of our hiftories of England, in the year ij-8d. But whereas it is infinuated in The EngUJh Hiflorical Library \ that there are no more flieets fupprefs'd than what relate to the L**. Cobhams, and that this was occafi- on'd becaufe of the then D'. Cobham's being in difgrace, I muft beg leave to aflert, that this is one of the great number of Miftakes in that Work, it being plain from what hath been already faid, that there were many flieets belides fupprefs'd, and it being withall as plain from our Englifli Hiftory that the L'^. Cobham was at that time in favour and not indi/grace withQJiliz.] ' 20. VII. Of Sterling money, by M'. James Ley, [who was afterwards Earl of Marlborough, and died ^ March 14. 1628. being about fe- venty fix years of Age. He was famous not only for his excellent Learning, but for his great Integrity.] 24. VIII. Of what Antiquity Shires were in En- gland. By M^ [Arthur] Agard, [Deputy 1. Pag. 71. Ed. id. 1. Dugdale':. Baronage, Vol. II. p. 45 1. and Athen. Oxon. Vol. I. col. 449. Cham- ^i The Contents. Chamberkin of the Exchequer, who died 22. Aug. \6\<) '. Written a.] 15-91. 29. IX. Of what Antiquity Shires were in England. ByMr.Thynn. 33. X. Of the time, when England was firft divi- ded into Shires, and the reafon of fiich di- vifion, by M^. [Thomas] Talbot, [Clerk of the Records * in the Tower of London, and commonly called Limping Tall/otfiom a lame- nefs in one of his Legs.] 43, XI. Of the fame, by M"^. [Richard] Brawghton, [alias Broughton, the fame who writ The Ec- clejiaflical Hiftory ofGr. Britain^ fbl. the "^^fo- najiicon Britannicum^ 8^0, and other Things. He died 1 5-. I^aL Febr. 1(^34 ?.] XII. Of the time when England was firft divi- ded into Shires. By M'. James Ley. ^6. XIII. Of the Antiquity of Terms for theadmi- niftration of juftice in England, by Jofcph Holland, [the famous Devonfhire Antiqua- ry +.] 2". NoV^. 1601, 5-2. XIV. O^ the Antiquity and Etymologie of Termes and Times for adminiftration of Ju- ftice in England, by Fr.Thynne. 5-4. XV. For the Antiquity of Cities inEngland,by , -^ Jo feph Holland. 3. Jun. 15-98. 61. XVLDimenfionsof the land of England, by Jo- fcph Holland. 2o.Nov^ y^/2. Do^. i5'99' ^4* I. Athen.Oxon. VoI.I. col.444, 2. Ath. Oxon. Vol.1. coJ.88. ?. Arhcn. Oxon. Vol. I. col. 854. 4. Ath. Oxen. Vol. I. col.444- XVII. ^ ^ The Contents. vn XVIIiOf the dimenfions of the land of England, bf Sir John Dodderidge, [who ' died Sept. ^. 13V 1628.] 66, (^ XVIII. Dimenfions of the land of England, by v^M'. Agard. 24. Nov. 1^99. 70. XIX. Of the Antiquity, Office and Privilege of Heralds in England, by M^. Leigh. 81. XX. Of the Antiquity, Office and Privilege of Heralds in England, by M^. Camden, [who died Nov. ^^^. 1(523. ^ in the 73. and not ?, as in his Epitaph, in the 74^^ year of his Age.] 85-. XXI. of the Antiquity and office of Heralds in England, by M^". [James] Whitlock, [af- terwards one of the Juftices of the Common Pleas, who died June 2 1 . as in his Epitaph -^j tho' Mf. Wood fays ^ June 22. 1532. in the 62. year of his Age, and was buried in the South Ifle of the Church of Fawley, near great Mario w in Bucks.] 28. Nov. 1601. 90. XXII. Of the Antiquity and O&q of Herald[s] in England, [by Anonymous.] 93, XXIII. Of the Antiquity, and ufe of Heralds in England,by Jofeph Holland. 2 8 .Nov.k^o i .97. XXIV. Of the Authority, Office and Privilege of Heraults in England, by M^ Agard. 100. XXV. Of the Antiquity and Privileges of the I. Ath. Oxon. Vol. I. col. 443. 2. Videfis Camdeni Vit. per Thomara Smithum, p. LXVI. &Ath, Oxon. Vol. I. col. 412. 3. Smith ibid. 4. See the Appendix to this Work, num. I. 5. Athen. Oxon. Vol. I. col. 490. Houfes VIII The Contents. Houfes or Inns of Court, and of Chancery, by M^ Agard. lof. XXVI. Of the Antiquity of the Houfes of Law, byMr. Thynne. io8. XXVII. Of the Antiquity, ufe and privilege of places for Students andProfeflbrs of the com- mon Law, by Jofeph Holland. 127. XXVIII. Of the Antiquity, ufe and privilege of places for Students and Prof eflbrs of the com- mon Laws of England, by M'^. Whitlock. 129. XXIX. Of the Knights made by the Abbots, by Sir Francis Leigh, [Knight of the Bath, who is named for a Legacy in M^ Camden's Will ', and affifted " as a Mourner at his Funeral] 135-' XXX. Of Knights made by Abbots, by M^. [Francis] Tate, [fecond 5 Son of Barth.Tate de Delapre in Northampton Efq. In the lat- ter end of QJIiz. he was a Parliament + man, and in the fifth of Jac. I. he was Lent-reader of the Middle Temple, and about that time one of the Juftices Itinerant for S. Wales. He died Nov. ^ if. (not the 16^^. ^sj^thente Oxon\) an, 1616. being about j6. years of /^^Age.] 138. (^XXL Of the diverlity of names of thislfland, by M"^. Camden. [Written in] i ^04. 149. 1. See the Appendix to this Work, Niirn.II. 2. Vita Camdeni per Smithum, p. 65,67. 3. So in a Letter from Mr. Anftis to me. 4. Athen, Oxon. Vol. 1. col. 348. 5. Camdeni Annal. R. Jacobi, fub an. \6i6. 6. Vol. I. col. 349. XXXIL The Contents. ix XXXII. Of the diverfityof the names of this Jfland, by Jofeph Holland. 15-4. P^XXni. Of the diverlity of names of this I- ^^p&scmy by Mr. Agard. [Written in] i ^04. i y 7. ^XXIV'. Of the diverfity of the names of this "iftend, by M^ Oldworth, [whom I take to be the fame with Michael 01dfworth,to whom we have a printed Letter written by Degory Whear, which I have reprinted in the Ap- pendix ' to this Work, as it was tranfcrib'd for my ufe by my learned Friend, the Reve- rend M^ Thomas Baker, Bach, of Div. of S^ John s-ColI. Cambr. Written in] 1^04. kJz. XXXV. The Etymologie, Antiquity and Privi- lege of Caftles,by Sir Robert Cotton, [who died ^ May 6. 16^1. in the fixty firft year of his Age.] 166, XXXVI. Of the Antiquity,EtymoIogy, and Pri- vilege of Towns, by Sir Robert Cotton. 2 3 . Junii 5 42. J 67. XXXVII. Ofdimenfionofland, by Sir Robert Cotton. 178. XXXVIII. Of the Antiquity of motts and words, with Arms of Noblemen and Gentle- men of England, by Sir Robert Cotton. 182. XXXIX. Of the Antiquity of Arms in England, by M^ James Ley. i86. I. Num. III. z. Vita D. Roberti Cottoni, per Thomam Smithum, p. XXVIII. 3. ^This muft be a miftake. Perhaps it fhouldbeoi. Sir Robert was born Jan. 22.1570, b XL. The Contents. XL. Forf/?^, by James Lee. 19^ XLI. Of the Antiquity of "the office of theChan- celor of England, by Mr. Ley. 198. XLII. Of Epitaphs, by M'. James Ley. 201. XLIIL Of Motts, by M^ Ley. 204. XLIV. The Etymologie and Original of Ba- rons, by M*^. Camden. 20f. XLV. Mr. Tate's Queftions about the ancient Britons. 209. XLVI. M^ Jones his Anfweares to M'". Tate's Queftions. [Perhaps he was the fame with Sir William Jones,a Manof Britifh Race both by Father and Mother ( for his Mother was Margaret Daughter of Humph. Wynn ap Meredyth ^c. Efq.) who after he had fpent five Years in Edmund-Hall in this Univerfi- ty, went to the Inns of" Court, and became at length a Judge, and was a perfon of admira- ble Learning, particularly in the Municipal Laws and in the Britifli Antiquities, and died in the latter end of the Yetir 1^40, being at leaft 84. Years of Age. You may fee more of him in Athen(e Oxon. ^ But the Com- piler of that work is miftaken in faying that he was educated in the Free-School at Beau- maris in Anglefey. That School 5 was not founded 'till the Year 1^03. It was by his I. So lam inform'd by Letters from a very learned Friend. 1, Vol. I. col. 543,544, 3. So my before mentioned learned Friend. advice The Contents. ^ci advice the Founder proceeded, and he was one of the firft Feoffees. The Author of thefe Anfwers to M^. Tate's Queftions feve- ral times mentions ' a Boo\ of Laws^ which himfelf had written, and in whicH many Things were inferted about the Britifh An- tiquities. But this Work, to which an accu- rate Table was added for the more ready finding of any Particular, was never yet printed, as I think, and therefore 'tis no wonder that 'tis not mentioned by the Com- piler oi Athenee Oxon. who had not met with a Copy either of thefe Anlwers or of the Book of Laws. If the Author was not the faid Sir WiUiam Jones, 'tis probable he was not different from John Jones, of Gelhy Lyvdy in Fhntfliire, Efq. a great ^Antiquary and a curious Colledior of Britifli MSS. and a conftant correfpondent with that candid and learned Antiquary, Robert Vaughan, of Hengurt, Efq. But, at prefent, I incline ra- ther to the firft opinion.] 212. XLVII. A Difcourfe of the Dutye and O^qq of an Heraulde of Armes,written by Frauncis Thynne Lancafter Heraulde the third daye of Marche anno 160^, 230. XLVIII. AConlideration of the office and du- tye of the Herauldes in Englande, drawne I. p. 219j 121,218. 2. Mr. Edvf^vd Lhuyd's ^rchxologi4 Br!t^ pag. Z2f. b 2 out xn The Contents. out of fundrye obfervations. By Sir John Dodridge, written in Aug. idoo. 2^9. XLIX. Sir James Whitlock's Epitaph. 176. L. M^ Camden's Will. 277. LI. Degorei Wheari Epiftola ad Michaelem Oldfworthum. 280. LII. Fragmentum Jofephi, five Caii, vel po- tius Hippolyti -m^ t^ ? Tmm aj-nctj in quo de Hade agitur. 281. Llll. Df. Thomas Smith's laft Letter to the Pubhflier. 7.^6. LIV. A Letter of Archbifhop Laud's to M^ John Greaves of Merton College, relating to the Coyns that the Archbifliop gave to the Univ. of Oxon. 298. LV. M^ Timothy Nourfe's Donation to the Univerfity of Oxford. 299. LVI. A Note of the Divinitie Schoole and Li- braiy in Oxford. 300. LVII. Collections relating to the Div. Schoole ' and Library of the Univ. of Oxon. written by D^". Langbaine. 302. LVIII. A Letter relating to the Bells of Bri- ftoll, anno 1(^43. 304. LIX. Paucula ad Campanas de Ofney fpedtan- tia, c MS. vet. de Offictts OJney. 30^. LX. Index. 305. LXI. Opcrum noftrorum hadenus impreflb- rum Catalogusi cui Stcph. Gardmen cpita- phiunijaudore J.Morrenno,infcruimus. ^16. THE xiir THE PUBLISHER'S PREFACE. S I was lately dif- courfing vjithfome learnedFriends a- hout our Englifh Antiquities^ they "Were pleafed, among other Things ^ to complain of the want of fome Helps that might render the Study of them much more eafy than it ap- peared to them J at that time, to he : and they fuggefted, that it would he proper to put out a Book tofhew the Experi- ence and Piadtice the beft Helps in explain- ing And- quit}'. XIV THE PUBLISHER'S the Methods that are to he follow d in this Study y and to explain the Ah- hreviations or Contractions in old Mar hies y Coyns and MSS. They were Jo Candidas to recommend the Task to me. But I was too confciom of my own Inabilities to engage in an Undertakings which requires a very great Capacity and much read- ing. . But thd I thought it prudent to wave what I am hy no means equal to^ yet I cannot hut make this general Ohfervation with rejpecl to InfcriptionSy Coyns and MS S. that fuch as have a Genitis to the Study of Antiquities will find it much more ufefuU to ohjerve their own Method^ than to he guided altoge- ther hy the Trefcriptions of others. General Rules may he laid down a- hout PREFACE. *v hut Ahhreviations and the different ways of "writing ; but fuch Rules "will he found to fail very often y and Experience and PraHice muft he the he fl Helps in explaining the mofi difficult Remains of Antiquity ^with- out ajlavifh Regard to fet Rules laid down even hy the heft Mailers. . 2. Nor is this Opinion the Re-^^i '|;f' ^ JL even in fult only of Fancy. Many noted An- '^^^^^i tiquaries were of the fame mind. Antiqu Hence 'tis^ that we have fo many different Explications of the very fame Monuments ^ whether MSS. Stones or Coyns. Andthofe too f up- ported with excellent Learning ; fo as even all thofe Explications will inflrucl and inform, as well as di- vert the Reader. Ineednot mention the different Interpretations of the Fafti 5CVI THE PUBLISHER'S Fafli Capitolini; nor the Dilputes that have happened about the fa- mom Tarian Chronicle at Oxford^ in one of "which Mr. Selden wen not a little difcompofedy hecaufe^JMr. Lydiat had (hew da more accurate skill in Chronological Controverfies than himfelf^a^ Jofeph Scaliger wa^ likewife much moved, upon the very fame account of Mr, hydiat^s know- ledge. But Difputes of this nature prove ofmoHfervice when they are managed without rancour. Accord-- ingly^ we have always feen, that Writers of Candour have not only ohtaineduniverfal Rejpeciybut have had a particular Influence upon their Readers. Tet warm Animad- ver lions andReflexions are certainly fometimes requifitey ejpecially when thofe PREFACE. 3tvii thofe of the contrary fide Jhewfuch a Behaviour y aSy perhaps^ nothing may reclaim them but/harp and fe- ver e Returns, For this reafon ano- ther kind of uf age njuould he uncha- ritable and unchriftian. Wife men have always thought fo^ and they have^ therefore, upon occafion^afford- ed no better Reception to fcurri- lous and proud Writers, nsoho have been fometimes reclaim d by fuch methods. But of all the Writers ^ that fhewd a particular t^rt in explaining ^LAnticfuity, TPeireskim n^a^y certainly fine ofthemoji happy. He was both a virtuous and a learn- ed Man, ^nd a^s Virtue is far pre- ferable to Learntngyfo it gain d him a very disiinguijhing Relpeci, and made his learned Remarks the more c bene- XVIII THE PUBLISHER'S heneficial to fuch as "were concern d in them. He was known all over the tear nedWorldyUnd his Judgment was as univerf ally fought /ind when given it was as much admired and efleemed. Camden knew of none fo happy in the unriddling Coyns. The famewas attefled of him with re- Jpecl likewife to Marbles ^ and other Remains of Antiquity. Of this his LifCy excellently well written hy GaffendtiSyis fufficientTroof Were there no other Injiance of his faga- city J his bare Interpretation of the following marks upon an old Ame- thyB (mentioned in the f aid Life ' ) is an undenyable Argument. CC O9C0000 C O Q OOdOO QO 90 71)is had puzzled all that had feen I. Pag. 49. ^t PREFACE. xix it. But as foon as he had vtewd ity he recollected with himfelf^ that the marks were nothing hut holes for fmall Nails, which had formerly fastened little laminae, that repre- fentedfo many Greek hetters;pla^ ced in a contrary order from that in vogue, fo as to be read thus : AIOCKOTPIAOr. Which he made very clear, when he drew lines from one hole to another in this manner : According to his opinion, therefore, this Diofcorides was the famous Engraver of L^uguftus, and the Letters being done backwards {af- ter the Custom of Engravers when an Imprefjion is to be made after- c 2 wards) XX THE PUBLISHER'S wards) and the Head of Solon being 'withall exhibited on the Amethyft^ it will/hew :^ that Augufim {^provi- ded he gave orders^ as'tisfuppofed he did^for it) ufedit as a Seal^ and that he was a particular Admirer ofSolon^ and the Laws eslablifhed hy him. Nor did Peireshius want Authority to countenance his Con- jecture. He producd the following Remains of an ancient Monument : O ^ O C5 OO CO c ^ o o T7.Jefe marks being in an old Temple dedicated to Jupiter^ he rationally concluded^ that they were originally defignedfor Nails, which fix djuch Letters as fignifyd to whom the Temple was really dedicated ^ a thing frequent in old time , that no body PREFACE. XXI hody might he ignorant of the reject to hepaidatfuch Places. Hereupon he readily explain d the Figures thus : lOYIOPTMAX He might havejlrengthened his opi- nion from other ^Monuments, and mighty "w'tthaU^ have made itplain^ that the Nails alfo reprefented a "way of mahing the Letters then much in ufe. For which we have even fuel) Forms in old Co)ns ^parti- cularly in the Syriack ones, of which I have feen fever al formerly in the Bodleian Library. . ?. But now thd Expe- ^^^Z 1 -t^ ry' 7 ^7 fliew'd to fuch as rtence and Fracttce be the have idd down rules. heft Helps for the Interpre- ^""' "^'^^^ ^/ g^- ' ^ 1 ven by fome of our tationofobjcure Monuments ^" country-men of XXII THE PUBLISHER'S of Mss. Scones and ofj4ntiqutty,yetatthefame ^rpSedly time a particular regard *"^ ou^t to he hadtofomeWri- ters, 'who have laid down rules for unriddling fuch H^id of Monuments, f^yimong vjhich we ought to reckon Urfatus^Mabillon and Montfaucon. The two latter have publifhed many curious things from MSS. and have been very converfant in the mofi dark things of that nature. And the former laid out mofi part of his time in explaining the hardVaffages in old Stones andCoyns^m many others befides have done. When Urfatns is confultedj Smetiiis andGruter mujl likewife be confiderd^ there being fome things in both that do not oc- cur r in Urfatns, Tet after all^ it muft he noted y that a much better Account PREFACE, XXIII t^ccomt might ftill he given of MSS. Stones and Coyns, than hath yet been puhlijhed by any Writers "wkatfoever^ and that too even by fome of our own Country-men. We have rare Monuments ofy^ntiquity, brought jrom all Parts. I do not know of a better Colleciion of Greek MSS. now remaining, for the num- ber ofthem^than our Baroccian one, many whereof are unpublijhed , which^ nevertheJefs, certainly de- ferve the light , and then an opportu- nity might be taken of explaining fe- veral Abbreviations and Words ^ not taken notice of by the mo ft dili- gent Searchers into Antiquity, $. 4. There is no occafion ^eBarocdinc^oiie! . 7 ^ 7 /^ 7 &ioxi of GreekMSS. to enlarge m the Lommenda- fufficientiy known. f> J r ' i n ' ^ noble Defign of tion oj the jaid Baroccian orLangbainesi Col- XXIV THE PUBLISHER'S CoUeciion, hecaufe, were there no other Proof of it, the goodnefS there- of might be eafily learned jrom Mr. Chilmeads Catalogue, as alfofrom diver sPieces that have been made publick from it by feveral very learned Men. And here the untimely Death of that great Scholar Dr Ge- rard Langbaine is much to be la- mentedy who had, with very great Induftry, furveyed all our Oxford Lihraries,and had read over, with much accuracy, and a judgment pe- culiar to himfelf, this Baroccian Treafure, and had extracted much from it (as he had from other MSS.) with a defign to print fome noble TVorh This Work was to contain divers Volumes^ and was to confisl of many Tracis and Fragments, both Greek PREFACE. XXV Greek and Latin y and Sometimes Englifhyeither never before y or, at leaji, very imperfectly printed, as well in f acred as prophane Learn- ing, a Specimen of which Defign I have now before me, being a Frag" ment ofJofephus,or Caitis, or rather Hippolytus' s Book ^ -m; 5 Tnimq ouj^ ricLt;' which tho' it had been fet out before by Hoef chelius, and is fince re- printed according to his Ed. by Le Moyne, yet what the Dr. hath done is much more perfect, and far fur^ paffeth the Performances of thofe learned Editors, and for that rea- fonlhavefubjoyndit to this work \ as Itranfcrthd it many years ago in my Collections. I. Appendix, num. IV. XXVI THE PUBLISHER'S Which might have . y- Had Dr. Langbaine had"been"^?ited by huci tkc Affifiance of otheTs, virion ought to be fherc is no doubt but that made for theClergy. great H^ork^ 1 have menti- oned^ might have been brought to perfection. But 'tis a great unhap- pineJSy jhat learned Works in En- gland are^ generally^ the Perform- ances of JinglePerJons, which mighty otherwifey equal any Thing done in France^where^of late years ^aSociety of learned Men have fet out fuch exquifite Works ^ as mufi needs be always admifd^ which was the moreeafily effected, when they had a moji generoits Prince to encourage them^who (pared no Cofts to promote all manner of good Learning and Knowledge, It is certain^ that no Kingdomhath produced more excel- lent PREFACE. XXVII lent Scholars than our own ; tho at the fame time it is equally certain^ that multitudes of them have not been able to exert them/elves , be- caufe they have not receivd due rewards. Men of Abilities Jhould joyn together, and large Stipends fhould be fettled upon them^thatthey may unanimoujly conjpire to carry on the Intereft of Learning. It is lamentable to confider what a poor Pittance fome of the Clergy have^ who are, otherwife, very grave and learned Men, This breeds a Con- tempt , and makes the generality of Mankind defpife and neglect them. It was therefore a gloriom and re- ligious ' work of K. fames L who I. Sir Benjamin Rudierd his Speech in behalfe of the Cler- gte, and of Parilhes miferably deltitute of Inftrudtion, through want of Maintenance.Confirmed by the Teftimonies of Bilhop Jewelj Mifter Perkins,and Sir H-Spelman.Ox. 1^18. 410. p. 3. d 2 within XXVIII THE PUBLISHER'S 'Within the fpace of one year can fed Churches to be planted through all Scotland^ the Highlands and the Borders y 'worth 50./. ayear a peece, with a houfe andfome glehe land belonging to them\ which 50./. a yeary confidering the cheapnefi of the Country, and the mode ft fajhion of Minifters living there , wa^ worth double as much, as any where with- in an 100. miles oj London. This was an Example to be imitated^and I cannot but wifh, that a much bet- terFrovifion were made for the En- glijh Clergy than we fee there is. 'Tis a deplorable Cafe, and what ought to be taken into the mofl feri- ous Confideration,that men of worth and parts fhould have no more than five marks, or five pounds a year* There PREFACE. XXIX There arefome fuch Places in En- gland. For "which reafon it hap- pens ^ that God is oft en little better known there than among the Indi- ans ^t he Prayers of the common Peo- ple being more likejpells and charms than devotion. An obferving man ' notes y that the fame blindnefs and ignorance is in divers parts of Wales y which many of that Coun- try do both know and lament. And what a zealous Author tells us of the defects of his own native Coun- try is equally remarkable. Al- though our Country oi Lanca- fhire {fays''he)is one of the largeffc I. Sir B. Rudierd loc. cic, p. i. '^. In p. i6. of a fmall fcarce thing (lent me by my learned and very worthy Friend, Thomas Rawlinfon, Efq.) intit. An exhortation to his dearely heloved Countrimej all the Natives of the Count ie o/Lancafter, inbaBiting in and about the citie of London j tending to per- pwade andfiirre them up to a yearety contribution^for the ereSf- ing of Le&ures, and maintaining of fim^ godly and painfull preachen in fuch places of that Country ai have mofi neede^ by reafon ^ THE PUBLISHER'S fliires in this Kingdome, yet it hath for the pubUke worlhip of God onely thirty fix Parifli Churches within the large cir- cuite of it^ as our hiftories (hew, and fome Parilhes forty miles in compalle to my knowledge, whereas fome other Ihires not much larger then one divifion or hundred o^ Lancajhire^ are knowne and recorded to have two or three hundred Parifli Churches in them, and thofe, farre better furniflied with meanes for maintenance of an able Miniftery then ours are : for example the hundred of Fournelle where I was borne, reafon of ignorance and fitperflttion there abounding : compofed by George Walker Pajioref St. John tke Evangelifts in Wat- lingftreeciff London. 4.10. in 24. Pages. which PREFACE. XXXI which for fpatious compalle of ground is not much lefle then Bedfordjhire or Rutland/hire , it hathonely eight Parifli Church- es, and feven of thofe eight are impropriate, and the livings in the hands of Lay men, and in fome of thofe Parilhes which be forty miles in com pafle, there is no more ordinary and fet main- tenance allowed for the Mini- ftery of the Word and Sacra- ments^but ten pounds or twenty nobles yearly. .6.Nowtoj]oev:how^eU J\::,lX:^f'^^ our own Countrymen have Txfpeaef Lm the yj 1 J r 7 7 joint Labours of ma- ucceeaeajwhen I ever a I have ny of ourowncoun- . trymcn,and that too engaged together in one and ^^h refpea toou^ the fame Work, I need not ^^1^^"^^^- mention any thing hefides theVoly- glott xmi THE PUBLISHER'S glott Bible y which is a moft nohle W(/rkfindfar exceeds anyToJyglott Bible done beyond Sea. It was done by many very learned Men f he prin- cipal whereof was Dr. Walton^ af- terwards Bifhop ofChe/ier. What made it the more admired was ^ that it was carried on and finifhed with Jo much expedition^ in a time when the Church of England was in a very fuffering condition^ and Men of probity and true learning were per- fected^ and forced to abfcond and^ endure theutmojl Hard/hips and Se- verities. So that fince there are fo many excellent Scholars in England , and fince ^ when they have joy nd in anyWork^ nothing hath proved too difficult for them^ what an admira- ble Performance muji that needs prove^ PREFACE. XXXIII prove ^ which fhall^ at any timCy he undertaken, and carried on hy a So- ciety of Antiquaries ythatJhaU agree to act, as much as poffihly they can, for the Honour of this Kingdom} Leiand and Camden themfelves have done wonders. But then their works, how nohlefoever^ will he far outdone hy the writings of fuch a hody of Men,famous for their learn- ing and indujiry, as (hallrefolve to fet out, not only a moji compleat De- fcription of Britain, hut a Hijiory alfo of it , extracted from the hell Materials, and at the fame time lihewifegive us,infeverall^olumes, the original cr^ ' . K-jaraesi. and obJcuYe Fotnts in our English Hiftory and Antiquities. They fhouJd have their ftated meet-- ings, and give their opinions ^not only hy vjoffd of mouthy hut oftentimes in "writing. This method "will occafion manyft^ort curious Difcourjes^ that "will he proper to he print ed, and put into the Hands as well of others^ as of the young Nobility and Gentry ^ and will J mo/i certainly , he for the Honour of this Nation ^as conducing more thanany thing elfe^thatlknow of to the lUuftration of our Hiftory and Antiquities. In the time of ^ Eliza- PREFACE. %^^v Eltzaheth and K.James I. there wasfuch a Society ^made up of right learned Antiquaries^ that ufed to meet together^ and as they undertook great ^JMatters^fo their Perform-- ances 'were anfwerabJe to their Undertakings ; and had they went on J there is nodouht^ hut by this time we had had a compleat account pu- hlijhed of the moft material Things in our Htftory and Antiquities. . 8. But it being fuggefl- Notwithfianding edjthat the f aid Society {com- [hatsociey,yet"ma- , , J J p ny of their Difcour- monh known by the name of res have been pre- ^ . r A ferved, a Colleaion the Society of Antiqua- f/^-^^Sii! ries) would be prejudicial to ^^' certain great and learned Bodies^ for that reafonthe Members thought fit to break it off. Nor were there wanting "very powerfull men that e 2 proved XXXVI THE PUBLISHER'S proved enemies to them^ and, among other things, they, "were p leafed to alledge^thatjome of the Society njuere perfonsy not only difaffecied to, hut really of a quite different perfwa- jxon from, the Church of England. But notvjithftanding the Society was thus dif/)hed, yet great care was taken to preferve many of the littleDiffertations that had been oc- cafionally written by divers of the Members, Copies offome of which were at length procured by my late ^ reverend and very learned Friend Dr. Thomas Smith, who defigndto publifhthem himfelffor the ufeand fervice of the young Nobility and Gentry of England. But his time being imploydon other Subjects, upon his Death, which happened on the eleventh PREFACE. XXXVII eleventh of May in one thoufandje- ven hundred and ten, [as I have for- merly figntfyd\) about fix 'Weeks after the date of the laji Letter * / receivdfrom him, he left this CoHe- cJion, among other curiom Tapers^to me. As foon as If aw the Collection , I could not but very much applaud my learned Friends defign, and I prefently began to think of printing it my f elf \ "which, accordingly J have at laft done^ being fully perfnsjaded, Jthat it will be beneficial, not only to our young Nobility and Gentry for whom it is principally intended) but likewife toperfons of greater matu- rity, fence there is abundance of ex. cellent Learning throughout, which I. SeeLeland'sIcin, Vol. HI. p. iia. & Vol. V. p. 138. 1. See this Letter at large in the Appendix to this Work, Num. V. will xmm THE PUBLISHER'S luill he the more entertaining upon account of the brevity made uje oj hy the rejpeclive (Authors. S'ofThelutror; 9- It obfermhk,that SraSlnjat! Several of the Difcourfes in bers of the Society ^ 7 > 77 r/ 7 ufed to be fummon- thts Lolkclton huvc HO uames ed when their Opi- r * 1 7 T nions were defired. prcfix 0, to them. 1 camot therefore telly atprefenty who the Authors of them were. This omif fion was occafioned Qas 1 take it ) not hy the Authors themfelves^ but hy thofe that ought to have regtftred them. For when Conferences were had uponfuch andfuch Toptcks^ the Members ufed to hefummoned^ and their Anfwers were defired either in writing or other wife \fo that the names of thoje that gave their Opi- nions couldnot he then unhiownfho they might not he tranfmitted toVo- Jlerity. PREFACE. xxxix fterity. Now that what I have /aid as to fummoning is trucy appears from apajjage in a MS. in the Ajh- mole an Mufeum^ which hecaufe it wiU very much conduce to /^Noti- tia of the Society, IfhaUhere tran- fcrihe it at large ^ as I find it entered in my Collections ' : " S)Ocxet^ of ^niit^tinu. *'Ca ^r Stowe. *^ K^z place appointed for a Conference upon 't!ie queilion fottoioinge, pjf att ^r (0attet^ *'SOWfe onFrydayetJe it. of t|)i0 Nouember, *'!>einge:aifoule!5 J)a^,at ii of tje cloofee in tjaf* *'ternoone, iujere ^our oppiniown in tur^tinge "or otJerlDpfe i^ tp^ttttti. *'irjequeftion ijsi, *'2)ft|)e ^nttpitie, (Etimologie anbpritii<^ "Ietigei5 of parifJesEt inCEnglanJje* *' ft y^ ^efpreiJ, tjat ym g(e not notice '5ereof to an?, hnt fncje a^ |iaue tje lilfee *' fomon0 "On the back-fide Mr. Stowe writes " thus with his own Hand, ["(J30. HonoriusRomanus, arcJtiijStSope of l.Vol. LXXXVii.p.5. "^^^* XL THE PUBLISHER'S *^ Canterbury, bebibetj Jij3f piobiitce iitto p^ *'n5e0> je orticpeti clerfeji anX) precjar<5, co^ *'inaunijinge t^zm tjat tjep (Joulb intoute " tje people,a0 tuctt tp gb Ipf e, ajs b^ boctipne. "7^0. Cuthbert,arcjbp!5fl[|0j)e of Cantorbury, " procure!) of tje popctjat in cities anti totonesf ^'tjjere fljulij l)e appoptetJ Cjurcje ^arijjs for '^ijuriatt of tje i)eatj, tojofe fcobje^ toere wfeti "to be i)urieb abrot^e, &cet.] **2L^e place apointeo for a conference upon t^e *' ucltion foUotDinge, w $pr. Carter'^ ^otDfe, upon " all Joules oa^> beinge Thurfday tlie fecounD of No- " vember ifp8. at one of t|)e clocbe in tt)e after noone, *' tD^ere pour cpinioun either in toritinge or otliertotfe '' 10 erpccteo upon t^is queftioun, "2)f tje j^^ntiquitie of armei$ in England. *' Pt is oefireOj tliat pou bringe none ot|)er toitt) pou, '' nor gete ante notice unto ante> but to fuel) as liatje " tlie lifee fomouns. "Eo pr. Bowyer. "In another Leaf, of the fame MS. but "in a different Hand, ''^fwo ID"'. m})t names of all t^ofe totiicl) toere " E/iz. xLi *' fomoneo att tlits tpme. ^^ Imprimis ^X, Garter. " //fw pr. Doderidge. " Item spr. Tate. "//f/ pr. Clarentius. " //^w Spr. Cotton. " liem Spr. Agard. " Item Cpr. Pa ton. " Item PREFACE. 3^" " Ttem S^r. Holland. ^^Item pr. Stowe. " Ttem ^r. Thynn. " Item $pr. Doc. Doyley. . " Item pr. Carew. " Ttem ^r. Bowyer. ^^ Ttem ^r. Hennage. " Ttem ^r. Leigh. *' Ttem Spr. James Ley, *' anD3t left a fumons tottl) ^pr. ' Carentius '' " for ^C Erfwicke. not fomoneo, "^r. Spilman anO ". ^l. Broughton, " nor pr. Lake. ^*' per me Ch. Lailand." $. lo. AsmthuaUeciim LTfonl^^tl^he //7erf r^ many valmhle re- ^u^co^i^lTZ nfarks about !Sterliwr money, wuh refpedt to our f . ' J -n 1 ? , -"^ own Hiltory. A Us to be "wtj bed that there s:'"g notion, thac ^ -' Roman Coyns are had been as good ohjer vat ions Sfe of"' hetr^n^ to be found in it, about the [y ^c^died'' sain'o^r^ r J? T^ r> ' .1 ^"'7- A Roman Uje of Roman LoynSfCCtth re- Town formerly m n ry TT n -n Berry-Grovcjin the Ipecitoour oisjn Htjtory. But ?^""i of whic. "^ -^ Wakham in Berk?. 'tis likely, that this 'was a "^^^^^Zf^ Subject paffed over hy the So- '^'^::r^. I. su. f Cktj, sLii THE PUBLISHER'S K"ESg.f.'^''The ciety, either becaufe the fame Coyns of Conltan- r C ' ^i ' i ^ r tius Gaiiusfome of 'was Jutfiaent Iv evident jrom the molt fcarce ^^ - ^-^ 7 > t * aiitheRomanferies. ^T. Lamdeu s Britannia, (/r The cuftotn of put- ^ aniSngVhem' clje bccauje theRomauCows under Foundations, ^y^ rUTely mentioned hj OUT ^IdHifiorians, 'Tu true^ indeed, the nfe of the fame is very plain from the Britannia, in 'which there is frequent mention of Coyns for afcer- taming the z^ntiquity of many Places^ in the fame manner as the Compiler thereof had found it done to his hands hyMr,Leland.AndMr. Camden hath, withall, given us the Figures of fuch old Roman Coyns, as belong chiefly to the Britlfh Hi- fiory, tho the ohverfe fides are far from being exaci, as was long ago noted by Ortelim. But notwith- ftanding this, had either Sir Robert Cot- PREFACE. xLiii Cotton y or Mr. Camden himf elf y or any other \JMemher of the Society vjellverfed in thefe ^airs, writ^ ten ajhort Difcourfe Upon this Suh^ jeciy it would have heen a more ready way to fettle the ufejulnefs of the Roman Coyns^ with regard to our own Hiflory, than to leave the^er- fons concern dy to pick it out from a large Volume, Nor isitfatisfaHory to fay ^ in the fecond place ^that there was no occafionforfuch aDifcourfe^ becaufe the Roman Coyns are fel- dom mentioned by our old Hijiorians. For our Hiftory is to be coUecled from other Writers befides our owft, namely from the Roman Authors themfelveSy which cannot well be under flood without confulting their Coyns y and that not only astoChro- fa mlogjy KLiv THE PUBLISHER'S nology^ hut with rejpeci to Places, For this reafon^particularnotice is to he t aken where RomanCoyns are found in Britain. By this means we Jhallhe ahle to clear the Itinerary TahJeSy and to tell what the modern Names are of the Places mention d in them ; at leaji wefhall eafilyfind out the Anttcjuity of many Places^ it heing certain that there have been RomanTowns^ or Kills ^ orGarri- fonsy where multitudes of Roman Coyns are difcovered^ provided Juch Coy ns are not found all together in UrnSy hut fcattered up and down^ as we find they are at many Places^ whichy as appears from the very names themfelves, were mo/i cer- tainly Roman. A MS, in the Cotton Library ' mentions a City calld Sal- I. Under Vcfpaf. B. xxiv. moni- PREFACE. xLv monsbury. There is a Place now r^s^/Z^Salmonsbiiry Bank about a mile from Burton on the Water in Gloucefterjhire. There is not Jo much as a Houfe there now 1 think y hut it is very manifefty that there have been large buildings there. If RomanCoyns/houldbe difcoveredat it, the Anticjuity oj the Place will be carried beyond the Saxon Times. In my Preface ' to the fir ft. Volume ofLelanis Itinerary Iguefedfhat there had been a Roman Town in * Berry-Grove^ within the Parijh oj White-Waltham near Maidenhead in Berkfj and I find my conjecture fince confirmed ^ not only from old Tyles andBrich ^which If aw there in November ij 12. (at which time I dif covered the Ruins of a building xi-vi THE PUBLISHER'S at leaji 40. yards in length North and South) and are exacily the fame 'with thoje found at Stunsfield near Wbodflock in Oxford/hire^ and in TVeycock Field (where was a Ro- man Fort) in the JParifh of Lau- rence-Waltham in Berks, but from Coyns that have been ploughed up there. Some of which Coyns have been thrown away, but one of the bigger Brafs was lately fent tome by a V erf on whofe Fidelity in thefe j^ffairs lean rely upon. He afiured me, that it had been found among the old Ruins of the buildings on Berry- Grove Hill, and that fever al befides had been found there. This which was tranfmitted to me is fo very oh- fcure, that I can dif cover but only one Letter upon it, which is an a, and PREFACE. xLvri and is on the obverfe fide ; hut from the Head and the di fiance of the f aid Letter a, I gather , that it is a Coyn of Claudius^ and^ I think, it was Jiruck an. Ch. 45. when he came into Britain, and got a compJeat Vi^ory, for which a Triumph was decreed him the year after. There feems to have been the figure ofVl- lory onthe Reverfe, which will a- gree exactly with my opinion. Ine- "verfaw one upon this occafion with , Victory before. A learned Friend fhewd me lately a Coyn of Antoni- nus T^ius of the bigger Braf, found in a Garden in the Town of Camp- den in Gloucejier/bire. Joannes Ca- ftoreus or John Beaver calls this Tlace Campodununi;, and my Friend takes it to be Roman ; but whereas xLviii THE PUBLISHER'S "whereas this is the only Coyn that he knows to have been found there ^ Iwillfulpend my opinion 'tiU 1 hear of better Evidence. In the mean time I cannot but note^ that even SaxonCoyns do alfo oftentimes iU lujlrate the ^Antiquities of Tlaces^ althd they fhould prove to h of no other ufe upon account of their rude- nefs. My excellent FriendThomas Rawlinfon, Efq. hath a Coyn of K. Edgar, on theReverfe of which is IN EELBERK There is a Place in the JParifh of White-Waltham be- fore mentiond called Eelberds or Eyllbudds',tf;/^i/ij worth inquiry whether it might not be of note in the Saxon Times ^ and whether or no I. See .i2. of my Leccer, containing an Account of fome Antiquities between Windfor and Oxford, printed at the End of the Fifth Vol. of Leland's Itin. the PREFACE. xLix theCoyn hath not fome reference to it ? So that it heing evident from "what hath heenjaidfhat one great ufe of Roman Coy ns found in Britain, is to difcover and clear the Antiqui- ty of Juch and fuch Places, C?yns, that are other wife common, "will he, in that rejpecl, as much valued, as thofe which are juftly looKd upon and efleenid as rare. For which rea- fon particular notice fhould always he taken where Coynsarefound,and when it is known where they are dif- cover ed,they fhould not, as commonly they arejbe rejected hecaufe they are not fcarce, Iwifh this had heen al- ways ohfervedhy learned men. We had had then, in all prohahility, much clearer accounts than are yet madepublick of Antiquities. Tisfor w ant THE PUBLISHER'S "want of this ohfervation^ that thofe that have ^written profefiedly of CoynSy have not told us "where the Coyns theypuhlijh "were found. Both Occo and Mediobarbm indeed tell US in what ^chives many of their Coyns were lodged. But 'twould have been of much greater fervice to Learningy had they told where they were found. This is a defect likewife in the great work of Baron Span- heim.But I would not^by any means ^ heunderjiood by what is here f aid, , to condemn thofe that have no other view than their fcarcenefs in ga- thering Coyns, This view it felf de- ferves very great praife ; becaufe many excellent peeces may be picked up, that may be of fervice tofuch as know how to turn them to their true and PREFACE. LI and proper ufe. ^ndhere I mufi recommend tofuch CoUeciors a par-* ticular examination of that vaft va^ riety ofCoyns^ that we have of Con- Jianttm "with fel. temp, repara- tion andadvife^ that theywouldnot delpije them becaufe of their multi- tude ; hecaufe 'tis probable J^hat they may find amongft them the Coyn of another Conftantitis^ befidesFLJuL Conftantim, {yohofe Coyns are not rare) uoith the very fame Infer ipti- on/indthat is ofCon/iantimGalliis, Brother of Julian the ^poflate^and Coufin-german of the other Conftan- this. And this recommendation is the more feafonable^ becaufe Hook up- on the Coyns of this Conftantitts Gal-- luSy "who "was beheaded for his wick- ednefs in the 2^'\ year of his JgCy g2 and ui THE PUBLISHER'S and the fourth after he had been madeCafarfo befome ofthefcarce/i in all the Roman feries. The diffi- culty "Will he in this va/i variety to diftinguijh one from the other ^ Jince little or no ajjiflance fometimes will he had from the Infcriptions, efpeci- ally if the letters fhould not prove "veryvifihle. But the face isjillea fly difcover to which the Coyn helongs. Confiantim Galltis was much more heautiful than his Coufin^ and there is a liar always before his Face ^and a Globe in his Hand. I remember^ that a forreign Geyitleman ( who made this siudy his Profeffton) took a journey to Oxford fome years ago, on purpofe to examine the Cabinets of that Univerfity for Coyns of this Conjtantim GaUm, well knowing that PREFACE. un that the words of Savotm\ Con- fl:antiiGalli,Conftantince,(Galli uxoris,) Defiderii,Vetranionis, Nepotiani, & Silvani^, nummi cujufvis materise adeo rari funt, ut vix quidem reperiantur, are "very true. This alfo muft he f aid for common Coyns^ that they are as ufe-- full in Chronology as thofe that are fcarce , ejpecially when found in Urns. For the Romans at their or- dinary funeral OhfequieSj when the dead Corps was burnt and confu- medy took the afhes thereof^ and put them into an Urn or earthen pot^ withapeeceofCoyn of that Empe- rour under whom they diedy and fo buried it in the ground. For which reaf on great notice ought to be taken I. Lelandi Coll. Vol. V. p.iSo. of Liv THE PUBLISHER'S of the Coyns found in Urns, becaufe they are a certain argument of the time when theperfons to whom they belong ddeceafed, as it is, with ally an argument of the Antiquity of any place, when fuch andfuch Empe- r ours Coyns are found at it, it being cufiomary with the Romans under the foundation of any Building,Mo- nument orpeece of Work of note, to cafi andlayfome of their Emper ours Coyns in whofe time it was made\ to fignifytoPo/lerity, andto prejerve {for many ages after) the Memory and Fame thereof \ So that if there be any Chronological Notes on the Coyns (as there are on abundance of the Roman ones) the very year ^when either the Terfons died,or the Build- I. Burton's Antiquities of Leycefterlliire, p. 131.^ ings PREFACE. LY ings were erected y may jrom thence he learned, njohich alone y I think ^ a fufficient inducement to engage young Gentlemen and others in this ffudy. 'Tts noty therefore, without reafon, thatinfome parts of England they will give more hy the Acre for hand that lyes near any old Roman Town^ Caflky Caufewayy or other remark-- able Eminency, or where other an-- cient works y either Saxony Danijhy or Norman have been, in hopes of ^fome lucky chance y (Coyns and other confiderable Antiquities being gene- rally difcoverd where there have beenfuch works) than they will for Landy however other wife in far better condition y that is remote from any fuch Tlaces. I mention the Saxon, Danifh and Norman works, becaufe Lvi THE PUBLISHER'S becaufe the fame cufiom ofjirevoing Medals or Coyns under their Build- ings andpuhlick uoorks was obfervd even after the Roman Power had quite dwindled. Hence * twos , that Pope PaulW. caufed great jiore of Gold and Silver Medals, ftampd with his Effigies, to he laid under the Foundations of his Buildings more veterum. The fiience of our $.11. To Carry thts matter Hiftorians about the tip 7 ^l ri r Roman Coyns an a Itttle jartheT, the Jxlence OJ argument, why the i i tt n - 7 subjedi fliouid have Q^y (yy^fi oldHttortans about been handled by the < (aid Society. ^^^ Roman Coyns, u fo far from being an argument, why the Society Jhould not write upon this Subject, that it feemsto me to be ra- ther a good reafon, why it fhould have been handled by them. For as thofe Hijiorians did not throughly under- PREFACE. tvii under ft and the ufe of Roman Coyns^ Jo they judgd it hefl to pafithem o- ver. ^nd therefore what ivas left unexplaind by them^ ftoould have been cleared by thofe that were^ in that rejpect, better skilled. Writing and Illuminating werein very great perfection among the Monkiy and 'tis certainythat they were skills din ma- ny branches of good Learning. But then the pure Clafjick Authors be- ingygenerally, much negleHed among them^ they did not take care to make themf elves Mafters of fuch curious Joints as particularly relate to the replication of them ; one of which Points 1 take the knowledge of the Roman Coyns to be. Had they been curious this way y I am apt to think we ftoould have had Draughts in h their Lviii THE PUBLISHER'S their illuminated Books of many of the Roman Coyns, Butalaf>\ they were jo ignorant in this affair^ that they could not gwe directions to our Princes to have the common Coyns done with any manner of Elegance. Not only the Saxon and Dantfh^ but eventheNormanCoyns are (irangely miferahle ; nay fome of the Coyns foon after the Norman Invafion are much vjorfe than thofe in the Saxon Times, Whereas had ingenious and learned Men apply d themf elves to the fiudy of the Roman Coyns, they would have ufed proper jMethods for preventing thisrudenefs^ which would have conduced much to the credit of our Princes. . 12. PREFACE. Lix .12. Mr, Jofeph Holland Mr. Jofeph Holland ^ ^ J- had a very good op- had a very good opportunity P->;:X^tc of 'writing his thoughts upon l^t^T^^. this curious Subject, 'when he ed^of SeJy muchX ' J 7 A> 7 minilhed. ad ax- mentiona his Loyns to the sam not corrupted . . in Anroninus.Ic was Society, particularly at that aconiiderabiccown, ^ -^ -t -/ and not a Iingle time when he had occafion to ^"^' "^y- fignify that he had a Coyn "whereon ic;c^Camuladunum \He might ^in fuch a'Difcourfe^ have eafily prov- ed from CoynSy what he ajferted^ that there was in old time a much ^greater number ojCitiesJ^owns and Villages in Britain than there is at prefent. From Coyns it is plain^that in abundance of Places were form- erly Towns where there is not now fo much as a fingteHoufe. 'Tts true^ he confirms his affertion from good I. See thefc Difcourfecj pag. 63. h2 Au- Lx THE PUBLISHER'S Authority, And Ihavejeen many MSS /which plainly prove thejame\ tho one of the heft lever f aw oj that kind, is a MS, that belong d formerly to Mr, Lambardy and is now in the Bodleian Library. Had Mr, Hol- land enter d into this Subject Jjemu ft have written a much larger Dtf- c our I& than that which he hath ob- liged 7is with about the Antiquity of Cities, which y however, is very good, and may give a Hint, it is probable, to others to be more copious ^elpecially^ fincefo many excellent and very ufe- full dif cover ies may be made in fuch a Difcourfe, about Places that are either quite deflroyed,or at leaft very much diminijhed from what they have been, Inorder to which alio- ther Antiquities that are dif cover d in PREFACE. Lxi inanyParts ofBritainmufi he nicely noted. MrJVeeverhadgoodreaJon to conclude from an Urn fin the cover of which was cocciLiA m.[/>.Coc- cilli Manibus] that CoggeJhaU was derived from a Roman Officer called Coccilhis ; and^ without dtf- pute^ the Cocc'tllway was Itkewife called from the fame Per [on. He mighty indeed y he the chief Builder of that Placebos likewife of a Place called in Antoninus s Itinerary a\^ ^ ANSAM. Several have conjectured, that AD ANSAM is a corruption in Antoninus, But they do not produce fo much as one MS. to confirm their opinion^ Mr. Camden thought it to he nothing hut a Terminus of the Colony of Camulodunum, from which it is [aid in Antoninus to he fix Lxii THE PUBLISHER'S fix mile sdift ant MYid he believes that there was only one fingle Houfe or Inn at it, with the Anfa for a Sign^ and that from this Sign it was deno- minated. For this reafon he ima- ginSy that the Dative Cafe is here changed into the Accufative. But I humbly beg leave to diffent from this great Man. ]t feems plain to me, that it was a Garrifon confiliing of many Houfes. Nor is the Cafe at all changed, ad ansam, or^ as it is in Suritds andBertims Editions (in one fingle word) adansam, being the fame in all Cafes, fo as loco or o^\>\(iio, or feme fuch thing is to be under jiood. j^nd there are examples for it in Antiquity. We have Ad la- pidem, (ijr ^^r-^^^^) Ad Murum, {or ^r Faiie,) and other T laces of that kind PREFACE. Lxiii hnd'inBedey vjhere we have alfo h-c Tpi)^op&, (which is the fame as ad duplex vadum) all very confider- ahle Towns ^and not Jingle Houfes or Inns only^ much the fame, to he fur e, as j4ntoninus's Ad Anfam. So that I take Juch Towns to have been the true Smfl/Lw) or A^TKctyoui of the Anci- ents, being accommodated with all things convenient for all forts of Tra- vellers ; and twos at them that the Souldiers ufed to rejrefh themfelves, and change their Horfes and Car ri- ' '^g^s'yfrom which cuftom of changing in latter times, evenfrefh Garments were caWd alfo kT^cnyj^, It muft, however, he allow d, that tho this Place grew to he eminent and large at laft, yet at fir ft it was only one Diverforium or Inn, on which there Lxiv THE PUBLISHER'S there was the Sign of the Anfa', by which name^ for that reafon^ the whole flat ion it j elf was call' d after- wards , aThingnot uncommon even tofeveral other Places^ both in an- cient as well as more modern Times, Such as colled 5' ^ ? Stncc thcrcforc Coyns ^rr.'etedTyTf mufl be allow d to be offuch It be with a defign >- , r ' TTn i /t to benefit the Pub- nnnuaruetnHttoryancly4n~ lick. Both the Uni- .^ . ^ -^ verfities have had ttquitv. and that cvcn With Donors or that kind -t ^^ tS^^: relpecl to our own Brittfh fjme) waS*a Min o^f ^ffatrs^ it ts vcrj laudabk in very great cries. ^^^^^ ^^^^ makeCoUecHons of Coyns, and take care to have them apply d to the benefit of the Publich It is well known what Archhijhop Laud and others have done, as well in this ^ as other parts of Learnings for the Univerfity of Oxford. The fa- mous Mr. John Greaves took great pains PREFACE. Lxv pains in dtgefttng the Coyns given hy the j4rchhi(hopy loho return d him his Thanh in a Letter ' 'written hy his own hand. And when the late Conjul Ray gave an extraordinary Collection ofCoyns to the fame fa- mous Univerfity {all which I put in- to order y and made an e:^ acl Cata- logue of them ^ now lying hy me, as I put alfo their names upon each Cell tn which they are lodged, to fay no- thing of the pains I took ahout the Coyns that were hef ore in theLihra- ry, hy ajfifting in the continuation of M'AfhmolesCatalogueofthem^and hy infertingwith my ownhandwhat had heen given fince Mr.Afhmoles time hy fever al Benefactors, par- ticularly hy Mr. Timothy "- Nourfe I. See the Appendix to this work, num. VI. a. See the Appendix, num. VIL J foT" Lxvi THE PUBLISHER'S formerly ofUniverfity-CoUege) they not only conferrdthe Degree of Dr. in the Civil Law upon him^ hut fhewd him fuch other Rejects, {he being then per Jonally prejent in the Univerfity, onpurpofe to deliver the Coyns withhu own hands y) as plain- ly provdy that they had a true and jujtfenfe of the worth ofhisTrefent, and of the lingular ufe that it would he of to true Learning. I mention Conful Ray the rather ^ hecaufe mofl of the Coyns he gave are Greek ones^^ of which there was hut a fmall number in the Univerfity Library before. Nor hath the Univerfity of Cambridge wanted Benefactors y who have likewife been Collectors of Coyns. But this is a Point that 1 leave to be treated ofbyfome learned Hand PREFACE. Lxvii Hand of that "Place. IwiU^ how- ever , heg leave to take notice of one^ and that is Br. j^ndrew Pern, a P erf on of very great Merit s^ not- withftanding he hath been traducd hy fome^who were much inferiour to him on aJl accounts. As he was avery learned man himfelf fo he was a moft generous Promoter of all good Litter ature, and indeed did all that poffibly he could for the Inter eft of the Puhlick. Among other Things Joe gave an excellent CoUeciion of old Coyns and Medals to the Univer- fity^ being well apprifed that a Li- brary cannot be f aid to be well fur - nijhedy unlefs it' sTreafures be made up partly offuch venerable Remains of ^nticpiity . But 1 fhall forbear enlarging in my own words ^ fince i 2 what cc LxTiii THE PUBLISHER'S what may he obfer'vedof this very worthy man^ is already done to my hand in a commemoration Sermon^ printed ahove fixty Tears ago, in which there is the following paf- fage ': ^' For which reafon^ give me leave y as the prefent occafion re- quires^ to mention the name of that noble andfreeheartedBenefaclour ^* both to this whole Univerfitie^ and '' elpeciaUy to this ad)oyningColledge, " (Peter-houfe) Dr. Andrew "Pern. His bounty to this CoUedge^ ^^ in adding a new foundation of two ^'fellowfhips and fix Jchollerjhips \ " in building our Library^ and fur- " nifhing it with a plentifull variety ^^ of choice books, in efiablifhing a I. Sermon on the yearly Commemoration of Dr. Andrew Pern, 1654. By J. Clerk Matter of Arts, and Fellow of Fe- terhoufe. Camhr. idjj. 8vo. pag. 28. " Li' PREFACE. i^xix ^^ Library-keepers place ^and in ma- '^ny other works of great advantage. " Hts happy and renowned endea- '^ voursfor the honour and projperi- " tie of the Univerfitie in generall ; ^^for the vindication^ and enlarge- '^ ment of their priviledges ; his be- ^'quefts ofayearJypenfion to the pu- " blick Library-keeper y and a box of ^^ ancient coyns and medals of great '^ value. But ejpecially his wife and ^[fuccefiefull pains in contriving and ^'procuring that necefSary Statute ''ofthe i8. call it alltje* Jlonge after a )^\ztz tjerof jjapncU to come to mp JanUe^, tojiclje not tuitjllantipng it lua^ all to rent anb tiefaceJ), 3 Hjctutii, to mailler Hi^ cjjarJ) pace,tj)an ctjiefe g)ecretarp to tje fe^ngeis mofl ropall maieftee, lujerof Je e;:cet>pglp re* iopcel). But becaufe It tua0 partly rent, partly befaeeU ani) blourreb luitj tueate, tojicje Jail I . Bibliotheca Eliots Lond. M. D. LII, voc. Britania. fallen PREFACE. Lxxvii fallen on it, ^e couloe rot fpnue anp one fcntence tjerfect. jjiot tuttliftantipng aftec longe be^olti^ng, lie ^eUieo mty it feemeo tljat tlie fatco bobe contc^neo fome aunctent monument of ttitss vkj ano t^at be per^ ceitjf D tbiS tDOOrOe Prytania, tO be putte for Britania. Some have been of opinion^ that this was a Britifh Book, full of curious Things y and that it confirms what is obfervdhy fever al learned men^ a- hout the Brit ains calling themf elves Prydians, hy turning the Greek (i into a TTj the Greeks calling the In- habitants of this IJle B^emyvng. . This is an obfervationpajjed over by the jLAuthors ofthefe Difcourfes, who have notwithftanding divers good notes about Britain^ the original of the name whereof they however dif- fer about. Nor indeed is there any certainty in difcourfing about fuch Affairs, the original of Nations be- ing very intricate by reafon of the want Lxxvm THE PUBLISHER'S want of Htfiory. There is one things which ^ upon this occafiony the Antt- cfuaries /houldhave obferved, and that is our ^JMault Liquor y call'd Bf wTov in Athenaus, Toi/ S^ Y^^^m ohov, (faith he^) ngui jSpi/Tov wh Jc^Aaoiv. Which being foy it is humbly offered to the confideration of more judicious TPerfons^ whether our Britannia might not be denominated from Bgu- TDv, the whole Nation being famous forfuch fort of Drink Yis true^ A- thenceus does not mention the Bri- tains among thofe that drunkMault * drink ; and the reafon is, becaufe he had not met with any Writer that had celebrated them upon that ac- count , whereas the others that he mentions to drink it were put down in his Authors. Nor will it feem a 1. Pag. +47. '^^^^ PREFACE. i^xxK "Wonder^ that even thoje People he Jpeaks of were not f/^/Zf^Bri tones from the f aid Liquor y fince it was not their conft ant and common drinky hut was only ufed by them upon oc- cafiony whereas it was always made ufe of in Britain^ and it was looKd upon as peculiar to this IJlandy and other Liquors were efieenid as for- reigny and not fo agreeable to the nature of the Country. And I have fome reafon to thinky that thofefew ..other People that drunk it abroad y did it only in imitation of the Bri- tains y thd we have no Records re- maining upon which to ground this opinion. ^ 7\ 77 -.^ K. iElfred not the .15'. It IS a generally re- Arit that divided this , , _ . J TT'ir J Kingdom into fhires. CetVd notion, that ALlired Theyweremoreex- ^ 3(3; in former times the Great was the fir jl that '^^"^ "^ '" "^^"b divided Lxxx THE PUBLISHER'S theboundsofplaccs. ^^^^^^^ ^^^' KlYlgdom ilitO S'h'Xmin '^' Shires. But then it tsftrmge, ^conm^'?LmLl that the fame Jhould not he reviv'd whac had . , , 7 ../^ . m- beendone,for which mentiou cl o) Jtlemis Mene- reafon, and for his ' "^ fubdfvifion'''he''di- '^^Yif^^'fl coaval Writer^ who izh^'IsS^^ drew up and puhlijhd his Life ^whichhathheen printed more than once. There is nothing a- hout this very material ^air in the MSS. made ufe of by the Tublifhers. It isy therefore^ likely , that he was the Author of a fubdivifion only. Perhaps he might have the bounds, ^ of the Counties diftincily entered in fome particular Booky fuch a Book as Dome f day. We have had fuch accounts taken fince. Even William the Conquerors Dome f day Book is nothing elfe but what was done in imitation of an older one made by or- der PREFACE, Lxxxi der of King ^^^Ifred, whofe hook was called the Roll of Winton, and "was kept at Wtnchejier^ which is the reafon^as I take it^ thatfome tell ' my that William the Conque- rors (which y I believe y took in K. JEJfreds) was alfo kept at Win- chefter in a Houfe nanid Domus Dei . And we know^ that in ajter- times the hounds of Counties were many times examined, and entered in Books onpurpofe to tranfmit the knowledge thereof the hetter to ^o- fterity. The hounds of Huntingdon and Cambridge /hires are very di^ ftincily accounted for in the ftrange old defaced MSabout Peterborough and Ramfey Abbies, that I lately printed at theendofThomas Sprott s Chronicle. I wifh I could meet with i.Scowe'sAnnaUjp. n^ ^^ Lxxxii THE PUBLISHER'S as dtftincl and exact accounts of o- ther Counties in old MSS, Such En- tries were the more requifite in thoje times y when they were not expert enough to make Mapps^ and to take Draughts in the manner as is done now. Tet I think that^notwithftand- ing the want oj this skilly they were more exact ^ e^ven then, than now in obferving the bounds of Counties ; in order to which the Trafects^ or Earls oftheCounties had their Per- ambulations ^much in the fame mani^ ner as was praclifed with rejpecl to Parifhes^ tho not fo frequently: and at fuch times they did not neglect e- ven the ijiillets that lay in other Counties^ tho not part of them: juji as alfo the Parifhioners did not omit to furvey alfo in their Perambula- tions PREFACE. Lxxxiii tions fuch fillets as lay 'within, and were encompafied hy Pari/hes different from their own. And that which made them the more Jirici in thofe times about the hounds as well of Counties as ofTari/hes, was the rigour of the Laws ^ which not only enjoyndthem to take fuch care, hut likewife gave them great encourage^ ment againftfuch cisprefurndto en- croach ; in fo much as there are pe- cuniary Mulcts in the Saxon Injun- ctions^ whenever it was found that a Freeman had hroke either ano- ther s Door or Hedge. And this was as early as the time of King Jjhel- hirht, among whofe LawstheTex- tus RofFenfis ( that mosi famous Monument of Antio[uity) mentions this .' I^ip j^piman eboji bpec|7e ^cbe]) vi j-cill. ^e. 1 2- bete. Lxxxiv THE PUBLISHER'S bete. Six fhtUings^ we fee ^ u the Te- nuity^ and that was a great fum in thofe Times. But then a Tenalty was infilled not only for breaking either a Door or Hedge ^ hut even for going over a Hedge, and that was alfo pecuniary, as were alfo other Punifhments in thofe days. Hence the fame TextusRofFenfis: % j-piman e&op gegan^e^ iv j-cill. ^ebete. Jf muffy indeed jbe confeffed^that the fe Hedges meant here were much different from our common ones, being a fort of Mounds or Fortifications, fuch as could not he paf^ed without confider- ahle Damage and Violence to the Owners, andujedtohe made ahout their Haies. But then whatever they were, they plainly /hew the ex- acinefiofthofeTimes,andhow ready the PREFACE. Lxxxv the Superiors 'were to puni/h any Tranfgreffions that arofe from In- vafion : and there is no quefiion^ hut the hounds ofProvincesnndPariJhes were alfo to he under flood in thofe Injunctions that related to Territo- ries. Sothat I/houldthinky thate- "Den the cpun&byjabj-, fo much jpoke of in the Saxon Laws, are alfo to he re- fer d to this Head. Since therefore there ivasfo much caution ufed a- houtfecurity of Right to particular Places ^methinks it is ahfurdtofup- pofey that there was nofuch divifion as into Shires hefore the time of K. j^lfred. Nay, what plainly deter ^ mtns againH anyfuchfuppofition^ is the very mention offome Counties or Shires even inAfferim Menevenfis, and that in fuch a manner too as to make Lxxxvi THE PUBLISHER'S make the Divijion before JEIfred's Reign. The w^r^ Shire too occurrs in the Laws of King Ina. So that I am inclindto think, that as the Ro- mans, when herey had divided the Country into particular Provinces , fo the Saxons afterwards imitated them, and confirmed what they had done^makingy however J ome altera-- tionsfho not a great many. And yet, after all, 1 will allow, that King Alfred revivd all that had been done, and brought every thing to ^ greater perfection than had been done before\for which reafon^asweU as for his being the Author of afub- divijion, he hath been commonly ta- ken to be the firfl that divided this Country into Shires. %.i6. PREFACE. txxxvn . i6. Nor 'wiaitfeem ah- ^s ,,e is aifo caiiy furd to any, that '^ylfred ^ouSoftu;" Jhould he looMd upon hy the tho'heoniy k&oA _ it. Stone Buildings generality of Manktnd,m the %^^"^^'^^]^ firftthat divided the Kingdom Si^sTha'pi into Shires, only hecaufehe ofASnfJrM" . ' ' J r J J' ' r J doninEffex. contriv a a Jubdtvtjton^ and renewd what had been hr ought a- hout long before y if it be confidered, that he is alfo taken by many to be the fir ft Founder of the Umverfity of Oxford^ only becaufe he reftofd .it after it had been deftroyed by the Danes y there having been an Univerfity {and that aflourifhing one too) at that Place long before. Indeed this great King (who was endued with admirable wifdom^rare memory y grave judgment^ andfharp f or efight) performed fo much for the bene- Lxxxviii THE PUBLISHER'S henefit of this Kingdom /is made moji look upon him as another Solomon^ and to attribute all the Glory that future j^ges afterwards hraggd of to his Care and Conduct. The Build- ings that had been erected before were nothing in comparifon offuch as he raifed ; nor were the Laws a- bout bounds of Provinces and Pa- rifhes fo duly put in execution. He had fuch a particular way of enfor- cing them ^ as made the fever al Offi- cers that he employ d both adore and ,^ admire him ^ and when they apply d the methods heprefcrihd^ all things provd effectual Even theJJniverfity I have mention d as it was reftord by him^ fo he wifely ordered-, that it fhould be govern d for the Honour andCredit of the Kingdom^ andpro^ hibited PREFACE. Lxxxix hihited any to infringe the Liherties andPrivileges of the Scholars under the fever eft Penalties. And here too the hounds of the Scholars were ta- ken notice of by him, and as they were to he confind themfehes^ fo none were to hinder them from mak- ing a proper ufe of thofe Ipots of ground that were defigndfor them. This made many envy the Scholars happinef ; and they were the more keen in [hewing their refentments, ^ hy reajon of the Buildings that were now raifedin the Univerfity, which much exceeded thoje deftroyedhy the publick Enemy. He brought in Ar^ tifts that could work^ in Stone , and now therefore fome Stone Buildings appear d in 0>cfordj in lieu of thofe that were before nothing but Wood. m But xc THE PUBLISHERS But then thefe Stone Buildings tho fine inthofedays, yet were nothing equal to what hath been done of that ^ndfince^as may appear fir omwhat remains of that ^e.Nor was there any thing very perfect of that hind among us^ after the Romans had de- fer ted us, 'till the Norman Invafion. Edward the Confeffors Chapell^ a little way Northwards from Ifiip Church, was, without doubt ^ looked upon in the Age, in which it was built,as very good. It is, however, hut ^^ I y. yards in length, and a little a- hove 7. in breadth, [being muchfuch another as thoje mentioned in the Decrees of V ope Nicholas, who or- dained, that a bigger Church fhould contain in compafsj\o,Taces/iCha- pell, or lefkr Church, ^ o. Taces) and tho PREFACE. xci thd it he in a/lcatterd condition now {being thatch d^ and patch d^ and turnd into a Barn) yet vjemay eafily guej^from a fight ofit^ v:hat it vjas in it's greateji Verfeciion^ and you wouJdhardly think{didnotyou know the nature of thofe Times) that fo great and good a King as Edward the Confep)ry and fo virtuous and pious and beautiful a Vrincef^oi his lueen Edgitha ( who in the year 1065'. built the Church of Wilton of ^ Stone y being before of Wood ^) fre- quented this T^lace in order to pay their Devotions in it. We have not manyjuch remains of Antiquity ^and for that reafon I /hall here infer t a Draught ofitjufl as I had it taken lately y to which lam likewife the more inclind^ becauje it is probable , 1. Stowe's Annals, p.97. VS\ 2 that xcii THE PUBLISHER'S that infomefew years it may he quite levell'd^and not only the Figure of it forgot^ hut the very Place alfo "where it flood. Imojl heartily wtjhy that equal care had been airways takenahoutDraughts of other Build- ings {particularly f acred ones) that were of more than ordinary noteJVe might then have had a much better Idea of the Spirit of our Anceftors^ than 'tupojjiblefor us to collect now either from Tradition or written Hijlory. But for many year s before ,^ the Conquefly they were not very ca- pable of tranfmitting Draughts to ^ojierity^that part ofufefull know- ledge beingadvancdbuta little way among our Countrymen in compari- Jon of what it is now. So thaftis to their ignorance y in a great meafure^ that PREFACE. xciii thatweo'we the want oftheEigures of many of their noted Buildings ; a- mong which we ought to reckon the Mynfter of Affandune^ now Afhdon^ in EJfeXy which was built ' of Stone and Lime hy KingCnute in the year 1020. for the Souls of thofe that werejlain there in the year io\6. in a moji hloudy Battle between K.Ed- mund Ironfide and himfelf in which Edmund Ironfide was overcome through the treachery * of Eadric JStreona Earl of Mercia, and not long after flain at Oxford '^^ a Knife, or, as others ""fay, a Spear or Spit, being thrufl into his Fundament by EadricKs own Son ( ordered and commanded todofo by his Father, I. Leland's Coll. Vol. III. p. 85-. 1. Ibid. Vol. I. pag. 145. 3. lb. Vol. I. p. 1^6. & Vol. II. p. 301. 4.. Speed's Chron. p. i']%i Ed. Lond. 1631. thd xciv THE PUBLISHER'S thdfomefay ' the Father dtdtt him- felf) as he was eafing nature ^ for which ^ however, Eadrick received no better reward from Cnute (whom he thought hjjuch apeece of viUany to have pleafed) than to he hound hand and foot^ and afterwards to he thrown into theThames and drown- ed^ thd others fay * that he was he- headed y and that his he ad was fet upon a Pole on the highefl Gate of London^ and his body ca/i without the walls of the City, Others ^ tell^ uSy that K Edmund died a natural Death ; hut Hook upon the former to he the more true account. How- ever this he, lam not ignorant, that the Mynfter at Affandune is com- 1. Leland's Coll. Vol. I. p. 241. a. SeeDugdale's Baro- nage, Vol.1, p. 8. 3. Chron, Sax. fub an. ioi5. Leland's Co11.Vq1.1I. p.i86, 354. monly PREFACE. ^ monJy interpretedto he nothing more than a Church; but for my own part lam willing to think that it was fomething befides, viz. thaf there was a Religious Houfe there, and a Suitable provifion made for fuch as were to celebrate the Divine Offices in behalf ofthofe that werejlain. The Saxon Annals call it by no other name than Mynfter, which , I think y will confirm my notion, the meaning thereof being a Monaflery, and not a Qhurch only. Anbonjij-rum^eape (they are the words of the Annals, under the year 1020.) Fcyn^ [nnut:]^^ toA]-. j-anbune. "j let tymbpian J>aeji an mynj-tep oyt j^ane J lime pop ]?ape manna j^aple ]?e j)ap oj^-j^Ia^ene pae- jian r] ^lej:: hir hij* anum ppeoj-re ]?e}" nam psej- Stigant). To which may be added, that it ap- pears likewtfe from Leland, that there wen a Monaftery alfo here, he xcvi THE PUBLISHER'S he reckoning ' it among the Mona/ie- ries hutlt before the Conqueft. This Ajhdon {the Church 'whereof is not fo big as the Mynfier Church was ^) PS three miles from Saffron-Walden, and the remembrance of the Field of Battle {in which the flower ^ of the EngliJhNobility was lofi)is retain d to this day ^ by certain fmall Hills there remaining, whence have been digged the bones ofmen^armour^and the water-chains of horfe-hr idles. It is very probable, % I? The mcntion of K f^^o!^ of calK MJred's procuring Artifis Oxford. The Town , i i i 'i i ' n i Ditch of Oxford, that could butld in St one, and which was properly . r l t- i r Th^ef'lbe^'tn his encowaging Juck ktndoj ^ri'f^lu^'''^^'^ Jjdifices, brings to my mind I. Coll. Vol. I, p. a5,a^. 2- Nunc (ut ferunt) modica tji ec- clefiay preibytero farochiauo delegata. Leland's Coll. Vol. HI. p. 316. 3. In hello de Affendune tot us fere gtohus nohilitatit jiagi. cafus efi^ 9 r ov cLiJTYj vofdfjLm Kcij Yf)i)]i^ of both which ther e is mentionin Suidas jWho.with- ally /peaks of a Book of his writ- ten againft Didymus about proper I. L. IX. c 7. a. Voc, T^'/Kv,<^. r names. cm THE PUBLISHER'S names , and the fever al forts of Cloaths^ ShoeSy and other Habtli^ ments,Avv7\syi ^ i^ At(W^&) c^ bvoixsL- ImIto)))^ Kouj r ci>7\m^ olg vg eifjL(pi2y)iVTCij, u4ndy it may he^ this laft was the fame with what Servius calls ' de genere veftium. But thd Suidas gives m Greek titles^ yet it mufi not he thence inferfd^ that Suetonius writ in that Language ; it being cu- fiomary with him to do fo when he Jpeaks of other Roman Writers, Nor was it ufualwith the Greek Authors to give Latin titles^ how- ever writ in that Language, lam apt tothinkythat in theWorkwhere the Habits were treated of ^ exprefs notice was taken of the Habits of the Touth that ufed to exercife in I. In VIII. iEneid. the PREFACE. cxxxi theTroja, or Pyrrhica/Z?^ Captain of which, who ufed to he the Son ei- ther ofanEmperour or Senator ^was y?y/(?tiWMii9lMMMMMM%Mf^^ Of Sterling money ^ By Sir Thomas Lake. lypo. HENCE the name oi Ster- ling money came, there be three common opinions. I. Some have faid, that it tooke name of Sterhng ca- ftle in Scotland, and that K. E. I. after he had entered ^nto Scotland fb farr, for a memory of his vi- (Storys there, caufed a coin to be made, which he called Sterling. 2. Another opinion is, that it was fo called, becaufe it had the figure of a ftarr printed on it, or elfe of the figure of a bird, called a Ster- ling ; and fay withall that the bird about the crofs in the ancient arms of England were Sterlings. 3. A third, that it taketh denomination of Efterlingy and was a ftandard ufed by the Efter- lings nJ of Sterling money, lings trading in this realme, and received ; or of Efterlings, that were the workmen of it. The firft hath little probability ; for that by fbme records it may appear, that there is men- tion made of the penny Sterhng in the time of K, John. For the fecond, touching the print of the flarr or of the birds, I never faw any fo coyned ; befides that it hath alwayes been the cuftome to imprint upon coin the image of the Prince. The third in my opinion hath a great deal moreof probabihty; as firft that in all ancient Writers it is called and written Eflerlingy and likewife the French and other ftrangers, that make mention of that kind of money, do call it Efierlm. The denomination of the weights, and their parts is of the Saxon or Eafterhng tongue, as pound, fliilling, penny, and farthing; which are fo called in their language to this day. Further in the red book compofed in the time of K. R. 2. are contained words, that do very much fortifie this opinion, which are thefc; Moneta vero fertur diSia fuijfe a nomine artificU^ Jicut Sterlingi Anglia h mminibus opificum nomina contraxerunt. Laftly, wherefoever there is mention made of It in ancient hiftories, written in the Latin tongue, or in foreign languages, it is fpoken allwayes in the plural number, as Denarii fler- llVgO' Of Sterling money, lingorum ; which argueth, that either it was fb called of the nation Efierlingi^ that firft ufed it ; or of Efterlings, that were the firft workmen that coined it. Now for the antiquity of it, and how long it hath been in ufe in England, I can fay no- thing by record j but by conjecture I take it to have been a very ancient coyne, and of long and known ufe i becaufe our Englifh hiftories and alfo fbrreign do make mention of it, as of an old and known coyn ; for in the red book it is called the ancient Sterling ; and the Statute of weights and meafures, which was written in the time of Edward the firft, provideth the compofition of them upon the Sterhng penny, as a thing certain and known. 17 Of C i8 ] Of Sterling money. T appeareth in the book of Domefday, that the pay- ments into the Exchequer were in thele f everal forts j viz. Lx./i^. or any other fiich film of pounds, adpondm five cum ponderCj or ad numerum^ or ad arfuram ; or elfe fb many libras blancas de viginti in ord, or fo many pounds denariorum de viginti in ord^ or elfe candidorum nummorum , de viginti in ord; but there is no mention made oi' Sterlingorum or ad penfum. The black book of the Exchequer, which was written the ... H. 2. mentioneth that after the Conqueft the King was not paid out of his lands in gold or Jilver, but only in victuals for the maintenance of his houfe , faving that for the wages of Souldiers and other neceflaries ; and out of cities and caftles, which ufed no husbandry, he was paid in money numbred ; and this conti- nued by all the time of VVilliam the Conqueror untill Of Sterling money, 19 untillthe time ofH. i. that upon petition of the common people, the viduals were taxed, and payment made in money ad Jcalam : and after that it was ordered to be made, nonfolum ad fcalam^ but adpenfum ; and laftly by a Bifliop of SaUsbury the payment ad arfaram was de- vifed, which was per combuflionem^ and fpe- cial milttes monetarii appointed for the doing thereof Nota quofdam comitatus a tempore J^egis Henrici licite potuijfe cujufcunque monette denariorum folu- tionem offerre^ dummodo argentei ejfent^ ^ponderi legitimo non obftarenty quia folum monetarios ex antiqua injiitutione non babentesy unumquemque fibi denarium perquirebant ; quales funt Northum" berland^ Cumberland ^ fie autem fufcepti denar . . . licet ex firma effent -, feorfim tamen ab aliis cum quibufdam Jignti appofitis mittebant ; reliqui verb comitatus folos ufuales ^ injiantis monetce legitimof denarios tarn de firmis quam de placitis afferebant. At pofiquam l^x illuflris [cujus laus ejl in rebus ma^ gnis excellentior ) fub monarchia fua per univerfum regnum unum pondus ^ unam monetam inflituity omnis comitatus una legts necejjltate teneri ^ gene- ralis commercii folutione coepit obitgari, Omnes ita^ que idem moneta genus^ quomodocunque teneanty folvunt ; fed tamen exaUionisy qux de combujlione provenit^ jaBuram omnes non fujiineant, C 2 Of [20] of Sterling money. By Francis Thynn. HERE hath been diverfe opinions touching this word Sterlings whereof it took its name. Some fay, that it took its name of the city of Ster- ling in Scotland, when Ed- ward the firft, as my memory at this time ferveth, had conquered the land ; ^ but that cannot be ; for the town, which is now called Sterling, had not then that name ; for it was then called Striveling, as all theScot- tifh hiftories do prove. Others fay, that it had its name, for that there was a ftarr printed thereon, and fo called Sterling : and fome fay it was called Efterling of this word Sterle, the bird fo called in upland, as fliall after appear by the opinion of Belleforeft j which I will here fett down in Englifii, where he fhoweth, that the fame was not a peculiar coin to En- gland, of Sterling money. gland, but to all other nations, that were in the warrsof the holy land in the time of K. Ri- chard I. Now Bellefbreft's words, tranflated out of French, are thefe, in his Cofinography, where he treateth of the holy warr : lihe city ofDamiata^ where the Chriflian mercbantj did ufe to dwell, fell into the hands of the old pojfeforsy and at the departing out of the men, every one payed to the Soldane, who was there with his forces, one efterlin ; not for that he cared for the money, but to the end, that it fhould not feem, that the Cirri- flians had not tarried there free in his town with- out faying him tribute -, and it was found that he had received 700000, of fuch pieces, jind for fo much as diverfe talk of thofe Ejhrltnges or Efier- tins, and think, that it was fimply the money of England, it is to be known, that this piece of money was common to all the Chriflians going into theEafi-^ ^and there they named it fo, becauje on the one fide, it had a Starle, to Jignifie the multitude of our men paffing into the holy land to occupy the fame, as thick^ ^s the Starles do the vines in the time of the vintage, And there be fome, that fay, that this money hath a ftarr on the one fide, where we ordi- narily fett thecrofs'y as who JJjould fay^ that this multitude was governed by a ftarr fuper naturally. And the Englijh men having retained the ufe there' of, or rather the name, have made divers believe, that the fame was the money of their country ; but be it as it will, it was the money of the Eafi, and it may 21 22 Of Sterling money. may be^ that IQng J^c hardy being himfelf J^ng of Jerufalem^ gave alfo that coin to his fubjeUs, Thus farr Belief breft : Wherein he hath committed great errors, as I take it j firft, in faying it had his name of the bird Starle j 2^y, that it was named of the ftarr; and 3'y, that the Englifh- men challenge more to themfclves than due, in faying it was their proper coyn. For the firft matter, it could not be called of the Starle; for then it muft have been moneta Sturnorum (for Sturnus is Latin for the Stare or Starle) an4 not moneta EJlerltngorum. 2 V, It took not its name of the ftarr ; for then it Ihould have been called moneta Stellarumy and not Efierlin' gorum ; and thirdly, it was proper, as I take it, to the Englifli, becaufe of the Efterlings, that came hither to refine the iilver, whereof it was made ; which it fheweth we had no skill of, be- fore that they came hither, and it was called Moneta EJlerltngorum of thofe people, called the Ejlerlingesy and fb was much more accounted of than any other coyn, even for the purity of the fubftance thereof; as appeareth by the words of Matthew Paris in the time of Henry the third, where he hath thefe words in an, Dom. 1247. Anno 11. H, 3./^/. 710. in the im- preffion of Tigury, Eodem tempore Moneta E' Jlerlingorum propter fui materiam dejiderabilem de- teflabili ctrcumcijione caepit deteriorart, (3 corrumpi per lUos faljarios monetarumy quos tonfores appella- mus. Of sterling money > ^3 mus. Where naming moneta EJierlingorum^ the money of the Efierlinges^ he plainly fheweth, it was the money madebythofe country people; and mentioning propter dejiderabilem materiam^ what other thing can he mean, than the ex- cellency and purity of the lilver, which was de- fired of all men ? fo that in this point the judgement of Bellefbreft (who for mahce leek- eth to defraud the glory of the Englifh) is not to be received for the reafons before recited, and for many other things, which I could fay againft thefe words. True it is, that I have feen an old Jngel made in the time of Edward the third, (which fome fuppofe to be of thofe jingels^ which it is faid Reymund Lulley caufed to be coined in the Tower) which had a great ftarr in the top of the maft of the Ship for a difference f irom other Angels j but yet the fame ivas never named the Sterling Angel^ becaufe that it had a ftarr thereon. Of [h] of Sterling money. By Mr. James Ley. HE common and received opinion concerning the antiquity and fignifi- cation of Sterling hath been, that King Edward the firft having obtained the caftle of StriveUng ( which they corruptly call Sterling) did eredt a mint there, and firft coined the money, which of the name of the place is faid to be called Sterling, The caufr of the embracing of this conceit hath been the error of the old book, called the Englifh Chro- nicles, and fithence that the approbation there- of by the Writers of the laft great Englifh Chronicle. The untmth of this cenfure ap- peareth manifeftly by confidering the time, and place, and other circumftances. For it is un- doubted, that the Sterling was known and ufed in England long before the time of K. Edward the firft; for I find in a record in the Exche- quer of the time of K. Richard the firft, inti- tuled, Of Sterling money. a s tuled, EJfoin de tempore J^gps ^ichardi An, lo. that a fine was levyed in Norfolk by the Ab- bot of St. Peter juper Dinam^ unto WiUiam de monte Canefi, whereby the fame William did grant to the Abbot quadraginta folidos flerlin- gorum in puram ^ perpetuam Eleemojynam perci- piendum annuatim &c. Likewife Ranulphus Glanvil in his book lib, 7. cap, 10. writeth, that a fine was levied in anno 33. l^gis Henrici (which is King Henry the z^.) in which men- tion is made, that the of the fine did give to the centum folidos fler^ lingorum : and to him that obferveth the fear- city of filver and of all rich metal in Scotland, the bafenefsof the town, the unfittnefs of the fituation thereof for thatpurpofe, being a place remote, the great difference between Striveling and Eflirling^ the word Efterlingorum to import ^ denomination of perfbns, and not of the place, the unlikelyhood, that the King of En- gland would honor a town and kingdome, which was only feudal, and deprive his own re- nowned realm of that title and privilege, which was then, and hath ever fithence continued univerfal among his own Subjedis; that he would coin money in a foreign realm, appoint- ed to be currant within his own dominion, it may eafily be condemned as a fable and fan- talie. Another opinion is, that the word fter' lingorum is derived ofajlare or martlet; of which D opinion 2S Of Sterling money. opinion is Lynwood lib. 3. de teflament'ts : cap. Item quia locorum, whofe words are as fbllow- eth ; Sterlingorum nomen erat &c. Of the like opinion isPolydore Virgil lib, 16. Anglicie hiflor. 304. who writeth, as followeth : Interea in con- filio pofl multa ex republica &c ; whofe opinions do not bear any great fhew : for the Amies of any King of England before theConqueft was not Jiaresy but martlets, which are birds dif- fering both in name and nature. It is like- wife very true, that there was an ancient coyn, called Sterlingus or denarius Sterlings : yet al- tho it may be, that fbme one manner of iilver coin might happily be known by that name, and for that caufe ; yet the general name of Sterlingoruniy which is now in queftion, and which is proper to a fpecial kind of alloy of currant mettals, hath an other etymology and original. Firft, therefore, as the realm of En- gland hath furnifhed the Eaftern parts with the provilion of clothes and wool, fb have thofe parts requited us with great quantity of pure ' Iilver, which hath been found in great abun- dance in diverfe parts of Germany, where the mines thereof are- which might be a juft caufe that the bringers over thereof might well give the denomination unto the propor- tion and allay thereof ^ for being called moneta Efterlingorum, it importetli the addition to con- cern the perfons of men under the money of the Of Sterling money, 27 the Eflierlings j for Efi^ Jfl and Oft do fignify a riling or afcending, whereby we call that quarter, efl^ where the fun rifeth : and afiig in Enghfli Saxon is to afcend and mount ; and we call Eft or Ofl the place in the houle, where the fmoke arifeth ; and in fbme mannors flw/i- ^uum aujlrum or ojirum is that, where a fixed chimney or flew anciently hath been ; and the word ejhr^ is that which we call eftwards ^ and ling is a diminutive, as fondhng, changeling, ftripling, and fiich hke ; and may fignifie breed and generation, and for proof thereof I referr my felf to Albertus Crantzius lib, 14. Wati' daltcs^fol. 325. But as for the guefs of flella, furely if that had been the cafe thereof, it would rather have been called monetaftellarnm^ or monetajiel- latay than Efierlingorum j and fo of fturnus^ it fliould rather have been moneta fturnorum : but the truth is, that it fignifieth the alloy ; for in the conftitutions of Simon Mepham Archbi- fhop of Canterbury, which are expounded by Lynwood, it is thus written ; (latuimus quod &c. by which appeareth, that the money was called fliiUings , and the addition Jlerlingorum, It appeareth alfoby a Statute in A. 2f.E. 3. cap. 13. that it is enacted in hcecverba^ that the mo- ney of gold and filver, which now remaineth, fhall not be impaired m weight nor in alloy, but as foon as a good v/ay may be found, that the D 2 fame iS of Sterling money, fame be put in ancient ftate, as in the Sterling. It alfo appeareth, that the fame was brought hither by Merchants ftrangers : for the Statute of 27. E. 3. cap. 14. fayth, none fliall carry any old Sterhng, but only the new coyn, except Merchant ftrangers, that bring to the realm any money and employ part, they may carry the reft. Alfo the Statute ofarticuli fuper Chartam an, 28. E. J, cap, 20. doth prohibit, that none fhall gild or caufe to be gilded no manner of vefTel, jewel, or any other thing of gold or fil- ver, except it be of the veiybeft allay, and lilver of the Sterhng-allay or of better, at the plea- fure of him, to whom the gold belongeth ; and that none gild worfe filver than fterling. Alfo the Statute of j^n. 33. Ed. 3. cap. 7. is that Goldfmiths fhall make all manner of VefTel and other work of filver well and lawfully of the al- lay of good Sterling ; and fo to conclude, how unlikely foever it is, that this temperature of metal doth take its name offieUa ; yet in this there is confent, that as the ftarrs are a light and comfort to thofe, that are in darknefs of the night, fo this mettal doth minifter reliefe to fuch, as fall into the fliade of adverfity ; but in this they diffent, that thofe fendeth his light indifferently to all, the other vouchfafeth his brightnes but to few. Of C 29 ] Of what Antiquity Shires were in England. By M'. Agard. Pafchse 33. Eli. 1^91. T is eafily to be perceived by the reading of our old En- glifh hiftories, that this land hath been divided into fun- dry kingdomes, the one in- vading the other, as they found ftrength and opportu- nity: in which kingdomes every King had his chiefe city or place of abode : whereof liindry examples might be recited, which I omit, be- caufe I will contain myfelfe within the lifts of our order. After that being fubdued by fome one more ftrong than the reft, as I fuppofe, by King A- luredj for I find by a Regifter book of Chert- fey Abbey, written in King John's time, as I think, becaufe he endeth his hiftory at that time, that the fame King wrote himfelf, Tocim Infulci 30 The zAntiquity of Infidx Britannica Bafileus^ and that he divided this land into CetUuriatas, Now in the 3 3 . chap, of the black-book is contained thus : Hida aprimitiva injlitutione ex centum acris conftat , Hundredus vero ex Hidarum aliquot centenarits fet non deter minatur, ^hidam enim ex pluribusy qutdam ex paucioribus hidps con- flat : hinc hundredum in veteribus l{egum An^ico* rum privilegiis Centuriatam nominari frequenter in- venies j Comitatus autem eadem lege ex hundredts conftant i hoc anej- j-cipef he ^eu^e ^am jrolce to Eent; J of rej- to fikune j-circ:. At which time and af- ter I find mention made both of fcyre and (cyrefen. Of E4; ] Of the fame By M^ Brawghton. N libro de Chertfey De fchiris, J{ex Aluredusy licet inter arma leges Jtleantj inter fremitus armorum leges tu- lit^ (3 CenturiaSy quas hundred dicunt^ (3 decimas, qum Tyethingas vocantj inftituit. Leges Edwardi Regis Senioris. Ic pille f elc ^ejiepb haebbe gemot a ymb j^eopep % piican *j ;gebon f x\c man j-y polcpihtej" pipfe. "j sic j-ppek hebbe en&e:. Of C40 Of the time when England was firft divided into Shires. By M^ James Ley. H E word Jhire is an ancient Saxon word, derived of |*ci- pan, which is to cut,llieer or to divide ; and the afpiration [7?7] hath been brought in by the Normans, as in diverfe o- ther the hkc words may be exemphfied ; for of the ancient Saxon word rcillin;^, they have formed the modernal word fliiUing j of j-ceal, fhalli of cilb, child; of ic, ich; of en^hj-c, en- ghfh ; of pilijc, welfh ; and fuch hke. I am not of their mind, which think, that JJnre doth fignifie the plain and champion, and io make difference between 7Z;^r^g^r^/^ and woodgerefei for the contrary of that doth appear by the fb- reft of fhircwood, which being compounded of Jhyre and rvood^ is no Champion, but a forefl or wood; and fo all copicc woods in the Welt countries are called Ihcer-woods, which 1 think in The Antiquity of ^c, 4f in Latin is all one with Jy ha cadua ; foe termed becaufe thofe woods are ufually felled and cut; or elles, becaufe they are incopiced, fenced^ fhared, cut off, or divided from other places, to the end the fpringes might be preferved. In like fort there is a Town in the North part of the county of Wilts called Sharefloun^ which took that name, either, becaufe the Town is the uttermoft bound of the county of Wiltes, and the Jljare-torvn^ /hire- town, or Town of di- vijion between the fame and the County of Gloucefter ; or elfe of a certain flone, not farr from thence, which is faid to be a bound or divifion between the three Counties of Wiltes, Gloucefler and Somerfetfhire. And fo alfo, when any thing is parted or divided into equal portions, we fay in common fpeech Jhare and Jhare like ; and the crop or firfl cutting of grafs MS called the Jhare^ and the implement where- with the plowman divideth the land, is termed Si Jhare, and, to conclude, the very inftrument of cutting of cloathis called a pair of Iheeres. Concerning the firft divifion of fhires in this land, I find in Ingulphus Croylandenfis, that the firfl diflindion of /hires was made by King Alfred ; altho I for my part can eafily yeeld to thofe, who think, that the ufe of fliires was long before ; for Matthew ' of Wefbuinfter ' fheweth, that King Of Fa reigned in 2 3 . fliires, I. Matt. Weftm. p. 288. which 4* The (^Antiquity of which he reciteth by name j and yet afterward he fayeth ', Alfredus legem tultt^ centurias^ quas hundredas^ ^ decimaSy quas tithingos appellant y injlttuity ^vadationem &c. So that I am of opi- nion, that the fhires refpeding their names, circuit, and quantity were long before King Alfred reigned ; but regarding the fubdivifions into tithings, the government of them by di- ftind: Law-days or viewes of Franckpledge , which he calleth vadattonem or finding of pledges, they were firft formed by King Alfred. Concerning the firft conftitution of fhires, I have obferved two kindes of principal caufes ; the one fort, the caufes, why they were divided; the other fort are, why they were in fuch fort divided. As touching the former fort, it doth appear in the report of An, xfl. H. vii. by the opinion of Fineux, who was then Chief Juftice of the King's Bench, that there were three* caufes ; the firft was for the eafe of the peo- ple, in refpedt that all juftice being at that time immediately in the Crown, the fame was adminiftred only at that place, where the King- Was perfonally prefent; which upon the in- crcafc of people growing troublefbme, it was therefore ordained, that every fliire or county fliould have juftice exercifed v/ithin itfelf, and that the countie-court, being holden monthly, fliould decide the pleas between partie and I. Videpag.545^ ~- partici . Shires in England. ^5> partie ; and the Sheriffes turn being holden half-yearlie fhould intermedle with caufes cri- minal, which were between the King and the fubjed:. The fecond, for the more eafy confer- vation of the peace, and ready execution of the law, by reafon, that every Sheriff having the charge only of one County, and being re- fident in the fame, might with the greater fa- cihty fupprefs all tumult, and with the more conformity execute all proces. The third, for the readier defenfe againft foreign invafions ; neither was it fo eafy for one man to make collection of all the people of the realm into one place, as it was for every fhire to make their particular afTembhes in their own coun- tries. And to thefe three reafons I may add a fourth 5 which is in refped: of the better taxa- tion and coUedion of all fiich rents, aids, re- venues, and profits, as were due and payable unto the King. And as concerning the caufes why the fame fhires were divided in fuch fort as they are, thefe things are to be noted : firft, that moft of the fhires in England, and efpe- cially fuch, as by nature and fcituation were apt for the fame, do confifl: of two kinds of foil, the one low, moift, or fertile, the other hillie, drye or barren. Devon hath the midle and north part barren, and the fouthhams fer- tile. Somerfetfhire hath the high country dry and hilly, and the marfhes and moores fatt and G moift. fo The (^Antiquity of moift. Dorfetfhire hath a great part hard and dry, and an other part, called Blackmore^ moift and fruitfiill. Wilts is divided into Southwilts, which is all downes, plains, and champion, and into Northwilts, containing the vale and being very fertile. Barkshire hath the hill country and the vale of Whitehorfe. Oxfordshire hath the Chiltern and the vale. Buckinghamefhire the woodlands and the vale of Aylesbury. Not- tinghamefliire, the northweft part thereof the fbreft of Shirewood, dry and fandy, and the fbuth part the vale of Bever and pleafant river of Trent. So hath Derbyfhire the Peak coun- try, and the rich vales of Skarfdall and Glof- fopefdale. Gloucefterfiiire hath Cottefwold hills and the vale country, where the river of Severn runneth. Lincolnfliii'e hath the plain and fandy countries, and the fens and plafhes : and in fuch fort are the moft part of the fliires in England. Belides, I obferve that altho in many places the fliires are feparated by famous and notorious bounds, as rivers, hills, high- wayes, and fuch hke j yet fometimes there are certain quillets, lying within the limits of one fhire, which neverthelefs are parcel of another; the reafon whereof I conceive to be, for that the fame quillets are parcell of the .poiTeflion of fome nobleman, bifliop, or Abbey, who had fome great feignioiy in that County, whereof the fame quillet is accounted parcel; as for example, Shires in England. example, the Counties of Devon and Cornwall arc divided with the river of Samer, but yet a certain quillet lying on the hither fide of the river, is parcel of the Earldome-land, and there- fore it is a member of the County of Cornwall; fb alfb a certain parcel of land lying within the County of Berks, called Twyford, is parcel of the County of Wilts, which is at the leafl: 20. miles diltant from the fame. The reafon whereof alfb is, in refped:, that it was parcel of the inheritance of the Abbey of Ambresbu- ry, the fcite and chiefeft pofTeffions whereof are in the County of Wilts. fi G Of C T2l Of the Antiquity of terms for the ad- minifiration of jujlice in E?2gland^ By Joseph Holland. 2.Nov^ I do I. :OLLINGSHED in his Chro- nicle doth fhew,that WilHam Conqueror did alter the man- ner of our trials at the com- mon law, and brought in the trials by twelve men ; and or- dained the Court of Chan- cery to be above the Common Law ; (b like- wife he ordained the Terms for the determin- ing of matters in law to be kept but four times in the year, according as is ufed at this day. And in the time of Henry 3. there fat 6. Judges on the Bench, and the Chief e Juftice was an Earle; for proof whereof I have an ancient charter made in that time of a Con- veyance The Antiquity of Terms <^c, veyance of Lands, in plena curia apud Londonias coram Jufiiciariis Domini J^gis de Banco ; his te- fitbus^ Willelmo Comite Arrundel^ and fix Judges with him, which are particularly named in the faid charter. Alfo the circuits were likewife ufed for the determining of caufes in every feveral fhire, and the Judges were called Jufiiciarii Itine- r antes ^ and Juftices of ailize, according as it is obferved at this day. T? ^/ C T4] Of the antiquity and etymologie of Termes and Times for adminiftra- tion ofJuiice in England^ By Fr. Thynne. Latin original HIS word Term^ in Term'tnm^ had its from the end or limits,terms, or bounds of lands, which among the Romans were termed T^r/wiwi ; who there- fore made a law, that qui terminum exarajfet, ipfe ^ boves duo facri fierent. Which bounds they did alfo iignifie by the name of Columna or Columella : whereupon the bounds of many Nations are yet called Pillars ; as in Spain the pillars of Hercules note the cape or utmoft part thereof j and the bounds of Ar- menia were by the Roman Emperors, as ap- peareth in the Roman hiftories, named colum- nm Armenia ; whereunto agreeth Servius upon Virgil, noting the bounds of Egypt to be figni- fied by the P/fc/ of Egypt. Over The (L/fntiqtiity of ^c. ss Over thefe bounds and limits there was a God, called Terminus^ appointed by Numa Pompilius, fecond King of Rome j who firft erecSted a temple to this new God, and placed the fame next to Jupiter Optimus maximus in the Capitol. To this Terminus^ as hath Alexander ab A- lexandro lib. 2. dierum genialium cap. 22. facrum fefits terminalibus in agris^ fexto ab urbe miliarioy fub patenti coelo fieri folebat. At what time no living creature was oiBTered unto him, becaufe they held him the God and keeper pacts ^ quie-' its ; and for that caufe thought it a deep of- fence to have any flaughtred facrifice done unto him. The folemnities of which feafts and facrifices were named Terminalia^ having the month February confecrated to him : as hath S. Auguftin in the 7. book and 7. chap, de ^ivitate Dei, That month, as hath la Mere des hifiories cap. 29. being named Februarius of the purgation of fouls, which the Romans ufed therein -, for they believed, that the fouls of their deceafed Anceftors did hover and wander in the air and infected the fame ; for which they ufed a certain kind of purgation, fuppo- ling by that meanes the fouls returned to their fepultures, which purgation was called februa- tio of the Roman God Februus^ otherwife P/tt^(;, to whom they confecrated the month Febru- ary 5 for as they dedicated the month January to f6 The Antiquity of to the fupernal Gods, io they confecrated Fe- bruary to the infernal Gods, as hath Natales Comes. All which I have written to deduce this word Term from the God Terminus^ and that it is taken for limits or bounds. But you will fay,what affinity hath this proud Terminus^ God of limits or bounds ( his motto being cedo nuUi ) with our word Term^ for mat- ter of law } Firft, I anfwer, Terminus like unto Janus was called the God of peace, becaufe all limits, which have their name of lites^ or con- tentions, might be kept in peace and quiet in this peacefuU government of Terminus ; that word is of kind to the Term of law, which is the time, wherein peace muft be ufed, and a peacefuU end made between contending per- fbns. Secondly, as this Terminus is a bound or limit of place, fo it is a bound or limit of time, in that the month and time, wherein the God was worfhipped, was called Terminus. Thirdly, that as thefe facrifices were among the Ro- mans called Terminalioy fo were they the fame Terminalia alfb by them taken for limitation of time, when thofe facrifices were performed, and alfo by Varro fett down to be the laft day of the year, including the end and limits of the year. Now having fhewed, that this word Termi- nalia amongft the Romans, being deduced from Terminus^ was a limitation of time j we will prove Terms in England, s? prove that amongft us here alfb, that this our word Terminus or lerm hath been taken for a period of time afwell as for bounds and hmits or ends of things ; and fo by confequence that it implyeth among us a limitation of time, wherein caufes Jhall ^e determined, and not the determination of the caufe itfelf. That Termi- nus (a word ufedbyGlanvil) is ahmitationof time, is proved, in that our law calleth it a term of years, when we let land for certain number of years ; fo is it for terms of life, li- miting and bounding- the life and years : and the modern and ancient Leffers did in refer- vation of rent ufe quatuor anni terminos In which as this word Term can have no affinity with the land letten for years or life, and there- fore muft needs fignifie the number of years ; fb fhall it not lignifie the caufe determined, but the time. * In fpeaking of things done prefently at that inftant of time; Walfingham calleth thofe adlions inflantis termini j faying, in anno Domini 1387. ^ 10. R. 2. Paraveruntfe ad fulcandum li- quentes campos Dominus J^chardus^ comes Arundel^ (3 Dominus Comes Mowbray^ Comes Nottingham : quorum primus confiitutus efi Admirallus infiantis termini. Terminus then fignifying amongft the Ro- mans and us a limitation of time, f eemeth to give the fame fignification to our word and \l queltion. fS The (lAnt'tquity of queftion. And that our Terme is nothing but a time limited and bounden for to minifter law therein, to the end that eveiy man might know the time hmited certain to follow their iiites, and then is not called the term of" de- termining and ending of caufes, as fbme Ci- vilians and others will have it, for fb it fhould rather after the Latin be called the fyne than the term, as is the levied fyne of land, which hath that denomination, becaufe of the end made of that contention for the land j iot finis finem litihus imponit. That this our Term is taken for a limited time, appeareth by Glanvil, who in divers writts, wherein he doth fett down the time and day, that the party fhould appear before the Jufticers, doth in place thereof in the writ fay, ^od fit coram me veljufliciis meis ad ilium terminum recogniturus. The Terms themfelves, and the dayes of the returnes of the Terms have their names of li- mited times, as Michaelmas Term beginneth in the OBabis of St. Michael. Hilary, Eafter, and Trinity Terms, all having their names, be- ginning of and from and after thofe feafts and times. In like fort the peremptory dayes in Court being a time fixed, is in Latin, but efpe- cially by tlie Civilians, called Terminus perempto- riuj; whereby it appeareth, tliat in all matters of law both Civil, and Canon, and Pontifical, the Terms in England. S9 the dayes and times belonging thereto are called Termini or Termesy as bounding the de- termination of the law to certain dayes, and times of the year, as is yet continued in the spiritual aswell as in temporal Courts, being appointed at fuch times, as all men might with moft eafe and lefs hurt repair to the place of law to plead and end their contentions. Thefe Termes being now but four in num- ber, as Michaelmas, Hilary, Eafter, and Trinity Termes, having divers returns, feem to me in the reign of H. 2. and of K. John, and of H. 3. to have been either longer, or that there hath been fbme other term more than thefe four. For I find in ancient writs, and in re- cords of the Tower, the return of writs at certain other dayes then are now bounden or limitted ; for I have feen records of writts re- turnable after Bartholomew tide. Glanvile mentioneth a return at Weftminfter OBabis claufee pafcba : ^ rot. finium 7. Johannis mem. $. hath a return in crajiino OHabis claufce pafchce^ which proveth Eafter term to have been one fevennight, before it now beginneth ; for we have now no return thereof before ^ndena pajcbee^ which in times paft was the fame re- turn, which was called a claufte pajcha in quin- decim dies. In the fame roll of King John mem. 10. is the return of Crajiino Hillarii, which is a fevennight before our terme : whofg firft re- H 2 turn Co The Antiquity of tiirn is now in OElabts Hilarity which proveth that Term alfb to be one fevennight longer, than it now is. In hke fort, as they had other certain and fettled returns, that we now have not, and alfo the fame certain returns, which we now have i fb had they many more other returnes, which we now have not : for in J^t.finium 6, Johannis^ there is a fyne given /?ro habendo quodam praecipe de cuflodia term &c. heredii Walteri Bijett verfus J{ohertum de Fregofe ^ Sibillam uxorem ejus coram Domino J{ege die Veneru proxime pojlfejhm S. Mi- cbaelis. Which coram Xegey without any other adjund:, as I take it, is to be the King s-bench ; for in many places coram J{ege is fo to be taken, when coram I^ge (3 concilio is often taken for the Chancery, but moftly for the Starr cham- ber, the genuinal court of the King and his Council; though all other Courts be rightly the King's Courts; and in J^tulofinium %. H. 3. m. 5". the land of Rofe of Chefterton being feifed into the King's hands, flie was to ap- pear coram Hugone de Burgo Jufticiario (3 Baroni- bus de Scaccario die domintca proxima pofl OSlabis Jancla Trinitatis. Wlicre, by the way oi parer- gon, we may note, the ancient Chief Jultice of England had his place and voice in the Exche- quer. Laftly, as antiquity ufed returnes in o- ther forms than wc now do ; fo had they the fame returnes which we now have but by other names: Terms in England. <^i names: as the return of OBabis Trinitatis is that return, which in J{gt. finium 7. Joh. mem.ii. is called a die Penteeoftes in quindecim dies : and the return of Crajlino Animarum is in Upt, finium of 4. H. 3 . lett down by the name a die fanHi Michaelis in quinque feptimanas^ anfwerable to our now returnes, which folio weth menje Mi- chaelis. Upon all which I conclude firft,that the name of our Term had not his denomination decaufa terminandis or determinandisy (as fome Civilians and others think) but of the hmited time, wherein caufes are to be determined. Next, that our Terms either were more in times paft or thefe Termes longer. Thirdly, that our now returns are not io many nor altogether the fame, as were in times paft. And laftly, that the returnes of Termes altered with the time, wherein the Term was changed or abridged ; which, for this time I fuppofe, was in the reign ofK. H. 3. being done (if conjectures may fup- port my affertion, for as yet I have no record to warrant it) by reafon of the continual wars between the King and his Barons,whereby they were forced to Ihorten their Terms to follow the warrs ; for, dum vigent arma^filent leges., ^ in armorum firepitu nulla civilis jufiitia. And fb I pray you to take in good part this weak and lickly difcourfe of a fick perfon. For [d2] For the Antiquity of Cities in England By Joseph Holland. 3. Jun. 1^98. HE firft city of name in En- gland is Totnes in Devon, for that by opinion of Wri- ters Brute landed there, and within that Town is a great ftone,asLondon ftone,where- on, the report is, that Brute repofed himfelf, when he firft landed there. It is at this day go- verned byaMaior and Bayhffes. HoUinfhed is of opinion that there were greater ftore of cities,towns,and villages in old time than there are at this day : and he doth vouch Ranu If Munk of Chefter, whotellethof a general furvey made 4. W. C. and that there were to the number of 5-2000. Towns, and 4 5" 00 2. parifhes ; but by the aifertions of fuch as write in our time concerning that matter you fhall not find above 17000. Towns and villages The Antiquity of ^c, ^i villages in the whole ^ which is but little more than a fourth part of the aforefaid number. It appeareth by the records belonging to the Cathedrall Church of St. Peter in Exon, that the Bifhops fee for Devon was firft at Kirton, and from thence after removed into Excefter j which Kirton is but a httle village at this day and hath but one Church. I have diverfe antiquities in coine ftamped at feveral Towns in England, the ancienteft whereof is a Britifh peice of gold, whereon is Camuladunum^ which Hollingflied taketh to be Colchefter, but M'. Camden taketh it to be Maiden in EfTex, the town where the King's mint was kept. In the dayes of King -ffithel- flane there is mention that there fhould be a mint for coines in Canterbury, Rochefter, Lon- don, Winton, in the Itreet of Lewes, in the flreet of Haftings, Chichelter, Hampton, and diverfe others. Dimen- C<^4 3 D'nnenfions of the land of England By Joseph Holland. 20. Nov'. An. Dom. if 99. O R the manner of meafur- ing of land in old time I find it to be fett down in other terms than is ufed at this day, as by an ancient Char- ter made by King Edward the elder before the conqueft doth appear, by which Charter he did grant unto the Abbot of Hide by Winchefter certain lands by the name of fo many hides, a copy of which Charter I have here fett down as well for the ftyle of the Kings then ufed, as alfb for the bounding of the lands therein contained. Edivardus l^x excellentijfimusy coyiomento fe- ttiory princepfque vtRorioJiJJimusy magtiifici J^egts jllfredi films anno Domini 901. a Pletmundo Can- tuar. jirchiepifcopo in J^gem Jolemmffime coronatusy paterm voti non fegnis executor ^ ad Dei laudem ^ honorem^ ^ ad fanUi Grimbaldi reverentiam G? a- morenis "Dimenfions of the land ^c. ^f moremy monaflerium novum nuncupatum infra bien' nium in urbe Winton regaliter fundavit-, dedit enim utramque villam de Stratton^ Popham, Dray' iouy Mucheldever cum fuo hundredo & Ecclejiam cum centum fex hidts. In the book of Domefday I find mention of hides, ploughlands and Knight's fees, and thefe were the terms ufed in bounding of land at that time, but fince the Conqueft, and firom the time of K. H. the fecond the ufual mea- furing of lands hath been by acres, as doth ap- pear by a Charter made about that time by William de Vernon Earle of Devon, whereby he gave lands unto the Abbot of Quarry by the name of fb many acres, which is according to the ordinary meafuring of lands at this time. For at this day y. yards and half make a perch, and 40. perches in lenth and 4. in breadth make an acre, an hundred acres make ghide, and 8. hides make a Knights fee. 6f [tftf] ^Dftoiiilll.ijeg aBS9KKKBBnanll ^fi ^^^tii ^^ ^jjj^ ^/ ^g^^y^J^M C***>>C^*V^X'<<>5^-^>*y>'>^^^ M3JIMlMiLUlIJ^A 0/ /y&^ d'lmenfions of the land of Englandy By Sir John Dodderidge. S difcreta quantitas beginneth ab unitate, which multiplied doth make a number j fo continua quantitas beginneth from the leaft admeafure- ment,which I find to be the . Inch , which is the lenth 'of 3. barley cornes, taken out of the mids of' the ear, or of the granes of barley dry and The foot, round. 12, Inches make a Foot ; 3. feet make The yard, a yard; f. years and a half make a pearchj '^^^^^ and forty pearches in lenth and four in breadth make an Acre. The compojition of yards ^ perches ^ and acres. The acre. There was made in 3 1 . E. i . a treatife of the contents of the Acre ; that when it contained 10. perches in lenth it fliould contain in breadth Id. perches, and when 11. perches in lenth then T)men/rons of the land ^c. i7 then fhall it be in breadth 14. perches demy, q', on foot, and fo after that rate: and when it was 45". perches in lenth then fhould it be 3. and a half in breadth. The ordinance of meafiires 31. E. i. The Acre in Latin is called /ag^raw, io called ^uod uno Bourn jugo per diem exarari potefl. Al- ciatus in legem Mille pafTus de verb, fignifica- tione. It is defined thus by the Lawyers to be menfura agrefiisy quie efi m longitudinem pedum ^rttn- 240. m latitudinem 120. Glojfa vacant arvipendium. ^'"^' vide Varr. lib. de re ruftica cap. 10. The Romans had a tallage upon every acre, hereof called /ttga^/o, ipokenofin many places of the civil law, as lib. 10. Cod. leg. i. Dequi" bus muneribus vel prafiationibus. Eodem libro de fufceptoribus, Leg. 10. Eodem libro de indul- gentiis, Leg. 4. &c. and in many other places. The word Acre is meerly Dutch and favor- eth of the old Saxon. The fignification thereof is j^ger or Arvum^ and Achrkenn is ageUus^ and Ackaren is arare or exarare, Dufleus in Ety- mologico Teutonico. The Acre of land (notwithftanding the for- mer quantity prefcribed ) is not in every place in this land of like quantity ; for the Cornifli acre is faid to contain a Carew of land. <^.E. 3. 283. and in the commentary of M'. Ploden the Cornifh Acre is faid to contain an hundred other Acres. Com.Throg.& Tracy 1/4. I 2 The ^^ T>imenfion$ of the Yeard 'pj^g fourth part of an Acre in fome places acre. IS Called a yard land, and half an acre is a fe- j^Va^c ^" lion, 9.E. 3. 479. A Virgata terra is half of a rirgau Roode of land, for fo they feem to expound acres, zo. it. And thefe are not of one meafure. For 4 3- Bradton fpeaking hereof in his writ de morte antecefforis that there are two meafures, larga (3 ftriEla menfuratio 2^9. .2. And of a virge of land a fine may be levied 41. E. 3. f. fines 40. A writ of right may be brought f. H. 3. f. droyt 66. but of another precipe it is doubted 13. E. 3. f. fine 67, i{oda terra A Rood of land coutaineth 20,24,30. Acres, 30. Acres, and of this alfo a precipe may be brought for the certainty thereof 3. E. 3. f. breef 740. (J.E. 3. 291. Eovata Bovatd terra or an oxgan of land containeth ^"^'j'^- in fome countries 10. acres, and thereof alfo a precipe lyeth. And it is allwayes underftood of land in Gaynery 13.E. 3. f. breef. 241. carucMta Carucata terra may contain a houfe, a mill, a ^*- toft, and divers parcels of land of divers kinds, T. E. I. f breef 8.m. and it feemethin quan- tity to be fo much as a plough land, vIt^. a tenement,whereupon a man may keep a Plough for husbandry with all neceffaries and incidents thereunto, derived from the word caruca^ which iignifieth a Plow,and carucata a plough or wain- load, but the precife certainty doth differ in divers places and countries j;*. H. 6. 29. per Prifot. Land of England. ^9 Prifot. It feemeth by Prifot in the fame place that aCarow Ihouldbe fo much land as a plough fiiall plough in one year. A Hide land is tanta terra porfio^ quanta unicofi$imenfions of the expecSfced ; fo our forefathers, as it fhould feem, did coUop out the countries they dwelt in in like fort : but you will fay, when ? To this I fay, in every province and in every kingdom of England, whereof as appeareth by hiftories, by fome to be vii. but efpecially by moft Wri- ters V. Jcil. Weftfaxons contains viii. fliires, i.kingdome. 2. Eftfaxons (J. (hires, 2. king- domes. Northumberland from Humber to Scotland, i . kingdome ; and the kingdom of March if. fhires, i. kingdome. There were weights and meafiires of land according as it pleafed the Prince ; for it is a principle in Ca- nutus's laws, that it belongeth to the Prince only to appoint weights and meafures, menju- ras ^ pondera diligenter dingamus. Yet the cer- tainty of meafuring of lands came not in untill the Realm was under the tribute to the Danes, which was, as Walter Witlefey, the Monk of' Peterborough, writeth in the 30. year of King iEthelred, qui mijit nuncios Danis, dicens quod vellet iis tributum dare^ ut h rapinis dejiflerent^ illi confenferunty (3 dabatur iis tributum^ quod eft 16, millia librarum argenti : for the levying whereof the realm was admeafiired, and the money le- yyed per hidas^ as appeareth by fundry ancient Regifters, which I have feen, whereof I will mention what I find in the book of Dunftaple, that there are in the realme 32. fhires, in which ' were three kind of laws exercifed j that is,Weft- fexlaw Land of England, 7 3 fexlaw, to which belonged 9. fliires, in which were fonrfcore thoufand eight hundred hides of land. The fecond Dane law, to which belong- ed 18. fliires, 3200. hides ; and Merch law, to which belonged 8. fliires, in which are 11 800. hides. Which all paid the Danegelde accord- ing to their hides as Domefday affirmeth, at manerium de T. fe defend, pro 8. hidis. And i'o in infinite places alfo, antequam terra hidata fuity by which it appeareth that lands were firft meafured by hides. The Etymologic where- of I think was drawn fom Dido's ad: before fpoken of, for you fliall not find that word in any other language, than ours, neither French, Latin,Itahan,^f .Neither in the book of Domef- day fhall you find that word Hida in all fhires, but in fome fliires, as in Kent Solin and Solins. In Lincolnfliire Carucata^ only. And fo indiverfe fliires likewife Carucata on- ly. And becaufe there are mentioned diverfe names of meafuring land in the fame book, I will recite fome as near as I can : Solin, Jugum. Hida. Firgata. Ferlingata Carucata. (3 Ferltnges. Of all thefe I will fay fomewhat according as 1 find in ancient books and records. But before I enter into that, it fliall not be K amifs 74 Dlmenfions of the amifs to qualifie one doubt which may arife in this meafurement, that is, by what number of tale of acres land was meafured, for there was before the Conqueft Anglicus nwfierm which was VI. to the c. and the Norman number XX which was v. to the c. As Domefday (heweth in civitate Lincolnia^ Hie numerus cc. Anglico nu- mero ccxl. fo as when the realm was divided into hides I take it for certain that it was by XX VI. to the Hundred. Now to the words, and firft for Solin^ take Domefday it felf fayeth thus. In communi terra SanEii Martini Junt cccc. acr(e ^ dimidium^ quce fiunt 2. ^olins ^ dimidium. Now this word dimidium firft named muft have relation to half an hundred, and not to half an acre, for in all the whole book there is not named half an acre. And then I take it that a Solin of ground after Englifli account con- taincth zi6. acres ^ if after Norman tale then nine fcore acres. And to this agreeth fome- what neer a note taken out of a Leiger book, which the Bifliop of Norwich Do(5tor Redman hath in thefe words. Item Abbas dicit quod in Itbro vocato Domejdei San^i Edrvardi apud Wefi- minfler fic habetur^ Abbas Sancli Auguflini tenet manerium de Langeport^ ibi efl unum Solin ^ unum Jugum ^c, Et uUeritUy Idem Abbas dicit quod fe- cundum Land of England. 7s cundum interpretationem antiquorum terminorumy unum Solin conttnet cc. acras. This is as much as I can learn any where for this Sohn. Domef- dei VII. Solins terra eft XVII. Car, pro uno Soling dimidio fe defend, ^ [win infinitum. Hida, The black book containeth thefe words in chap, penultimo lib. i . Hida h primitiva inflitU" tione ex centum acru conflat^ which in mine opi- XX nion is vi. acres, becaufe the next word Caru* cata induceth me to think fb, by Carucata, an ancient Writer before named, which is Wit- tlefey, who hath thefe words fbl. 37. in pro- vincia Lincoinia non funt Htda^ Jicut in altis pro- vinciis^ fet pro hidis funt Carucata terrarum^ C^ mn minus valent quam hida. Again, an ancient Writer called Henry Knighton a Chronicler of Leicefter, who wrote in H. vtb*s time, and in the cuftody of a gentle- man in Leicefter named M^ . John Hunt, hath thefe words, agreeing with the former /o/. 37. Johannes J{ex folempniter denunciatus ^c, (3 fta^ tim cepit trihutumper totam Angliam^ videlicet de qualibet Hida^ i. e. Carucata terr^y iii^^. ^ rediit in Normanniam, Alfo in a note entred in an ancient record K 2 in 7^ Dmenfions of the in the treafuiy before a declaration made of the Knights fees belonging to the Bifliop of Lincoln, are thefe words, iVb/imenftons of the day Cant, in villa de Hadone^ qua fuit Epifcopi Baioc. Odo tenet de Epijcopo unum jugum terrte^ (3 ejl dimidtum Car. So as 1 take a Solin to contain diverfe/ttga, and jugum to be taken but for as much land as a yard land, y^i/. 34. acres and fometimes 30. acres at the moft. Virgata Is ' taken diverfely, as I find in a Regifter book of Ely which now the Dean hath, in fun- dry towns fundry meafures, as in Leverington a yard land is lx. Acres. In Fenton xxx. Acres. Tyd 32. Acres. In Coin virgata operabilis xv. Acres, and in an other town not named by my note 20. Acres, and fb I have feen extents. The Hke I have feen of Bovata As fbme i ^. Acres, as before is declared, in fome 10. Acres, and in fbme 24. Acres, and in fome 12. Acres, in fimdry (hires and countries diverfly. Ferling. That only word in the weft parts, wherein I remit myfelf to the opinion of thofe country men, but I could never find it expounded. I. In bundello Efch. dc anno 16. E. i. infra tuiiim Lond. funt ibi VII. viigatje tenx in dominico continentes quinquies XX. & XII. acras, quaiuin qu3elil)et virga valet viljni. pretiuin acr. 6d. ergo xvi. acrs pio yirga. Domef- Land of England, 79 Domefday faith in Somerfetfhire. Roger Arun- del in the town called Cary, Duo taint tenuer, T. H, E. ^ geldabat pro una bida uno Ferling mi- nus. Item in Sanford. Geldabat pro 2. hidis ^ dimidia virgata terra & uno Ferling. So as I take it under corred:ion of better Judgement, that a Ferhng of land, is lefs than a hide, a caruc, and yard-land, and is no more than an oxgang, which is csWcd Bovata about xv. Acres. It foUoweth now to Ihow how much land belongeth to an Acre, and that is fett down both by Statute, and yet diverfe meafiires in diverfe places, for the meafure is by Pole. The table in the Starr-chamber made in the 12. year of Henry VII. by fiindry of the Council by commiffion fetteth down, that an acre fhould be XL. pole in lenth and 4. pole in breadth : but how many foot the pole fliould contain it mentioneth not : but this I find in the ar- rentations of Aflartes of Forefts made in Hen- ry the 3. and Ed. i. time, that for foreft ground the CommilTioners did let the land per perticam 20. pedum. So have I read of marifli grounds meafured. But howfoever the meafiiring of land hath been ufed before the Conqueft, it is not amifs to know at what time fince the Con- queft, it began to be ordered how land fhould be meafured to avoid controverfies. The firil ' I read of was King Stephen, whom Knighton mine Author in his x.chap.fbl. 43. commend- eth 8o "Dimenfions of the land ^c. eth in this fort. Suphanus J^x in bonitate ^ jufiitta multum floruit, Jubtili$ ^ verjutm, (3 ordi' natiombus faciendis artificiofus ^ de ponderibus (3 menfuris inflituendis ^ de terra arabili prudens ^ operofujy^ de Carucata, Bovata^ Virgata, Percha^ Acra, l^day (3 dimidio I^pda, Pede, PoUtce, Cubito (3 Palma (3c. de Anjuliiy Balances, (3 menfuris^ metis (3 bundis terrarum fuit certa menfura pofita, ficut ufque in prtefens tenetur, ac etiam de venditionibus, emptionibus. And for proof of this he voucheth CefirenJ, in lib, 7. cap. 2 1 . Next followed Henry 2. of whom fayeth the black book, that unam monetam (3 unum pondtis conJHtuit per totum return, whofe adiions con- tinued in exercife altho they appear not by matter of record untill E. i . time, who more largely exprefTed the fame. And fo I pray you accept this in good p^rt, having omitted fun- dry notes for confirmation of this , which I have fett down, becaufe I would not be excef- live tedious, as I fear 1 have been. Of C 8i ] g ^M ^ 1^*^ ^^K ^H H ^ B ^9 ^^ rV'>iiniiiiin ^^^^p i^^^ w&sjpB^V ^^li! i^^'^^^ ijJj^l^Qbw^^^ UminHinpibiHiiiym Bii^^WWi^ O///:;^' y^ntiquity. Office and Tr'mlege of Heralds in England^ By M^ Leigh. ERE it not that the order of this learned Aflembly doth forbid me to be all- wayes lilent, this queltion having been fo judicioufly handled by others, and my felf unable to fay any thing to it, I iliould, as heretofore, have requefted your accuftomed favour to have difpenfedwith me. The few notes that I fliall deliver to you I have chiefly out of the epiftle of ^neas Syl- vius, who fearching for the fame thing that we are now about, reporteth that there was found in a Veftry, in Paul's Church in London, an hiftory written 600. years before his time, the Author of it being a Commenter upon L Thu- 82 The y^nttqulty i^c. Tliucididcs, a famous Graecian. The Comment fayth, that Heraldi are the fame which were anciently called Heroes^ men whom the people had in fuch reverence for their worth, that they efteemed them farr fuperior unto men, little inferior unto their gods : and their virtue in their account was fo admirable, that they durit not call them men nor gods, but gave to each of them the title between both, He- roem, quafi femi-deum. Dionyfius or Bacchus^ (that with ftrong arm firft invaded India, and fubduing thofe favage and ravenous people reduced them into civihty) was the firft inili- tutor of them; and that this may be probable, the ceremony now ufed of powring wine upon them that are made Heralds doth induce me to beheve. Thefe Harolds doth Roger Wall fometimes a learned Harold call Herodes^ but upon what ground I know not, but fo he ufeth ^ that word many times in his Latin hiftoiy of the warrs of Henry the V. wherem himfelfwas a fervitor. Dares Phrygius an ancient hiftorio- graphcr, and a fbuldier in the warrs of Greece and Troy, rcporteth that at certain playes of wreftling and other feats of activity done in the Court of King Priamus, Paris underftand- ino: thereof came into the lifts to encounter Hecftor, whom the Herald Ida beholding, and ftanding by executing his office, not knowing him, nor feeing any markes to defcribe him by, of Heralds in England, 83 by, faid unto Priamus : Lo here cometh a Knight bearing filver and a chief gold, framed by the cunning of nature, for that he was naked, his body being all white, and his. head yellow. The ancienteft record that I have feen of the name of Heralds in England is that oi pellis ex'ttus^ where, in Eafter term in the 12. of Ed. 3. is mentioned the pay to Andrew Windfbre Norrey regi Heraldorum. For in that time the ftate of Heralds was in great regard, and they were more ancient than that King that time. For M*". Gerard Leigh faith, there were Heralds and Kings at amies in Ed. the I . time i and that no man might have to do with amies without their confent^ that they fliould take diligently the pedigree of all gen- tlemen, and fliould make their vifitations in their provinces every feventh month. There privileges were exceeding great, as may be read in that Epiftle at large ; and for that they were old retired foldiers, they were not only free from fervice, and taxes, prefented whcre- fbever they came, cloathed at all folemn fliews with rich and royal robes, as now with us they are, but they had the chief government of the common-wealth, to minilter juftice for punifliment of malefad:ors and defence of the innocent. There office conlifted in proclaim- ing peace and warr, therefore called Fxciales and Caduceatores^ anfwering the Roman Focciaies L 2 in S4 The Antiquity ^c. in proclaiming of warrs and concluding of peace, being likewife called Fceciales h fcedere faciendo and Caduceatores of the caduceum of Mercury, becaufe they were Meflengers of Princes one to another. Such did Julius C^- far inftitute, lying before Carthage, as appear- eth in the gefla l{omanorum j fb that they were amongft the Romans well known, tho' not by the name Heraldi. Of C 8r ] Of the Antiquity^ Office andTrivilege of Heralds in England^ By Mr. Camden. MONG all civil nations, iince civility firft entered the world, there have been Officers of Armes as Medi- ators to negotiate peace and warr between Princes and countries ; the ancient Greeks called them Kj^gwgf, by whofe media- tion fblemn Covenants with their enemies were made. They were men of efpecial reputation and carried for their enfign a Caducem^ where- upon they were alfo called Caduceatores^ which was a white ftafF, whereunto were affixed two Serpents male and female, whereunto was ad- ded afterwards Copia-cornu. The ftafF was white in token of fimple truth, the ferpents betoken- ed wifdom J both fexes, as alfo the Copia-cornu betokened fruitfull increafe and plenty, the compa- 8tf The Antiquity ^c. companions of peace. They were fent to re- deem captives, to treat of peace, to procure fafe condud:s for AmbaJGTadors, to require the dead bodies to be buried. Inviolable they were in the greateft rage of war, and reputed men of a divine original, as firft defcended from K^^vKo^ the fon of Mercury, of whom they were named Kv^vKis, and hereupon Homer calleth Eumedes Ki^pvKot, B-eiov. It were needlefs here to mention their rites in making peace, how they brought two Iambs fruts in a bottle of goats skin, golden chargers, and other velfels, G?r. as it is noted by Homer. The Romans likewife had their Feeciales fo called a fide (^ feeder e faciendo^ firft inftituted in Italy by HefTus and brought to Rome firft by Ancus Martius : their college confifted of twenty. The Principal was called Vater Tatra- tus^ becaufe it was requifite that he fliould be Patrimusy that is, have his father alive, and he himfelf have children : the fecond was called Verbenaceus^ becaule when the Fceciales were fent clarigatum^ that is to challenge goods taken away clara voce^ he carried the herb verbena with flint ftoncs &vivax e cefptte gramen^ as O- vid calleth it, which he received of the Praetor. Dionyfius HalicarnalT. recordcth that fix e- fpeciall points were incident to their office. Firft, that they fliould have a care, left the people of Rome fhould wage warr againft any oi" Of Heralds in England. ^7 of their confederates. Secondly, that they fhould challenge and require again goods in- jurioufly taken away by enemies. Thirdly, that they fhould proclaim warr again ft fiich as re- fufed to make reftitution. Fourthly, that they fliould take notice of injuries done contrarie to covenants. Fifthly, that they fhould care- fully provide that conditions fhould be faith- fully obferved. Sixthly, that they fhould treat and compound peace, and take notice what Generals and Commanders had done contrarie to their oath. When they required reftitution, they wore on their head a hood of yarn, and ufed thefe words: Audi Jupiter ^ audite Fines^ audiat Fas^ ego fum publicus nuncius populi JR^maniy jufie pieque Legatus venioy verbijque meis fides Jit &c. Likewife when they proclaimed warr they did caft into the enemies country a bloody fpear burned at the upper end, uttering thefe words as Agellius reporteth, lupd populus Her- mundulus^ hominefque populi Hermunduli adverfus populum J^manum bellum Jecere deliquereque-, luod' que populus J^manus cum populo Hermundulo homi' nibufque Hermundulis bellum jujjit^ ob earn rem ego populufque I{pmanus populo Hermundulo populifque Hermundulis bellum indico facioque. But this was Jiante republica. Under the Emperors, as I find no mention of the Foeciales^ yet it feemed they continued : for when Ammianus MarceUinus maketh mention of the feige of Amidas under Julian, s t The oylntlquity ^c, Julian, he reporteth that a Perfian did caft into the Town a bloody Lance, ut moris eft nojiri. After the decay of the Roman Empire and ere<3:ion of kingdomes, the Heraldes of the oldFrankes carried w'rg/w confecratas^whcn they were employed in meflages that they might not be touched or troubled by any : and this was juxta rttum Francorum^ as Gregorius Turo- nenfis writeth libro 7. capite 32. But in the time of Carolus Magnus began both the reputation, honor and name of He- ralds, as ^neas Sylvius reporteth, out of an old libraric book of S^ Paul, the Author where- of derived their name from Heros^ but others, to whom moll encline, from the German word Herald^ which fignifieth old and ancient mafter. Yet he which writeth notes upon Wil- leram, fayth that Herald fignifieth faithfull to the army ; and I have found in Ibme Saxon treatife, Heold^ interpreted fummus Frapoji- tus. Neverthelels this name is rare or not found in the hiftory of Charles the great, nor in the times enfiiing for a long fpace either by our Writers or French writers. The firll mention that I remember of them in England, was about the time of K. Ed. i . For in the Statute of Armes or weapons, that the Kings of Heralds fhould wear no armour but their fwords pointlefs ; and that they fhould only have their Houjes des Armes and no more, which, Of Heralds in England. ^^ which, as I conceive, are their coats of Armes. The name and honour of them was never greater in this reahne than in the time of K. Edward the thirds in whofe time there were Kings of Armes, Heralds, and Pourfevants by patent, not only pecuhar to the King, but to others of the principal nobihty : and Froiflard writeth that King Edward the third made a Pourfevant of Armes, which brought him fpeedy tidings of happy fticcefs in the battle of Auroye in Britannie, immediately upon the re- ceipt of the news, an Herald giving him the name of Windefore, and at that time were li- veries of Coats of Armes firft given unto He- ralds, with the Kings armes embroidered there- on, as the King himfelf had his robe royal fett with Lyons of gold. In France alfb, as the faid Froiflard writeth, the fame time Philip de Va- lois increafed greatly the ftate royal of France, with Jufts, Turneys, and Heralds. As for the privileges of Heralds I refer you to the trea- tife thereof purpofely written by Paul Bifiiop of Burgos in Spain. M Of C 90 ] Of the (^Antiquity and office of He- ralds in Englandy By Ar. Whitlock. 28. Nov^. 1601. HE name of Herauld fbmc have derived from the Saxon word Hereauld, becaufe an- ciently they were men cho- {tn out of thofe fouldiers, which were emeritit Jiipendiis: and Hereauld is in the Saxon tongue an old fbldier or old mailer, and you may take either word to come of Herus or Heros, Heralds were anciently called Feciaks of fi- des y as fbme fay, (\\i\^ fidei public is pneer ant; and hence cometh fccdus The Greeks call them etpLvoS'iKcif, and it was called facerdottum. Numa was the Author of that College of them ; their office was to treat of all meanes of peace before there fliould be any open warr. They were as Legally The (^Antiquity ^c, 9t Legati^ the chief of them Pater Patratus. I fee that the order obferved in the fending of Heralds in meffages in the warrs was taken fi*om the ancient faftiion of the Romans, of whom Dionyfius Hahcarnafleus writeth thus in his fecond book. When any of the Heraulds was to be fent on a meffage to any city vefie augufiiore injigniifque verendus^ that is, having his coat armes on ^c. went to the city of that nation, which they fuppofed had done them wrong, and there demanded recompence of the wrong done or delivery of the paities that had offended, and untill they had performed all thefe ceremonies, and fought by all meanes of treaty to compofe matters quietly, and this had been lignified to the fenate, they could not denounce war juftly. Livie and A. Gellius defcribe that the Har- rold at Armes -after he had done his MefTage, and made demand of that which was unjuftly withholden, and nothing was an f we red him, he denounced war againil them by taking a fpear in his hand, and throwing it i^o far as he could into the territory of the enemy. This is called with us, giving pf defiance. An other part of the office of a Herald was to make leagues with foreign nations, in which many ceremonies were obferved, as binding of their heads with Verbene and fiich like hcrbes. Pater Patratus was appointed by the Herald !M 2 acL 9t The (LAntiquity i^c\ . ad patrandum jusjurandunty to take the oath, which was done in the many execrations and vowes of performance by calhng their Gods to witnes, and the lall was the Herald having a flint ftone in his hand and a fwine (landing by him, when he had repeated all, prayed Jupiter to ftrike the people of Rome as he ftroke that fwine if they declined from performance of that which he had profcfled, and therewith did ftrike the fwine io hard as he could with the flint ftone. For the antiquity of Heralds when they came firft into this realm, I will leave the difcloling of that to thofe that are of that profeffion, who know it beft, and fhall not be prevented by me that am a ftranger to it. Their office in our common wealth is the very exercife of honor i for it convcrfeth only in ca- fes of honor, in warrs or peace ; in warrs, they are the Kings Meflengers to pafs too and fro be- tween enemies without wrong or violation, and this is by the law of nations ; for they are the fame,which in the ancient nations are called Z,ff- gatiy and fliould pafs as privileged perfons,with- out intermcdling further than to declare their meflage. f. E.4. 8.b. 7. E. 4. .22. b. ten pound the year was granted to Garter by the King, and it was intended to be by rea(bn of his office, and determinable on the taking away of his office. Of [93] Of the (L/fntiquity and Office of ' Herald in England, HE office by opinion of Vi- gener and Tillet is older than the name : the firft in his notes upon Livie apply- eth KripvKif in Homer, which" Euftathius deriveth from the verb ^pvco, to fpeak loud or proclaim a Haraut. Tillet agreeth with the , former that the Fceciales and thefe are all one : the affinity of the funcfiions may fecond this opinion. The etymologie of this Roman of- fice futeth not much this queftion though it was in laft being, at their firft fubjedion of our ftate, for I find it not ufed latter than by Suetonius in Claudto. But the inftitution and office may give fbme ground to this of our time. The Inftitution Hahcarnafleus referreth to Numa. It was a college of 25-, one chief Ruler or King called Pater Vatratus, by Plutarch, cho- I. 5/c. ^en 94 The Antiquity ^c, fen by the reft. Pomponius Lsetus. The 24. divided into two rankes of miniftry, Faciales and Caduceatores^ this may fitt the now diftin- d:ion of Kings, Heralds, Purfevants. This fo- ciety admitted none, faith ' Nonnins MarceUi- nus, but ex optimu familiu^ becaufe they pre- fented the pubhck faith, and what they con- cluded was held facred. Their peifbns were free in all fervices without interruption. Suidas. Achilles is made by Homer to call them the holy Mejjengers of Gods and men. They had by the firft inftitution pecuhar garments to their profeffion, but no HalicarnafT. A- lexander. The Heralds of France ufed a coat of Amies, as we here in England from an an- cient inftitution as their own difcourfes affirm. And in Comenius we read, what fhift Lewis the French King made to furnifh out a coun- terfitt Herald, making a coat of armes of two trumpett banners. E.the 3. I conceive was the firft that in this ftate inftituted either Harald or their apparel, for before his time I find none in courfe of our country ftories. And what banners they now are enjoyned it hath in their patent relation to that of E. 3. Then- office is of peace and warr under com- miffion of the Pretor or ftafF. For the firft they regard that the confederate cities receive no wrong by the Romains. HalicarnafTeus, but to admonifli the Emperor and ftate in breach 1. sk. of Of Heralds in England, 9T of their publick oaths or promife. They are Judges or diredors in fingle combats and tri- umphs. Servius, So in France notes Tillet in his officers of France j and fo in England. They were to order the playes decreed by the people to the gods, untill Tiberius gave that employment to the Prieft of his houfe. Suetonius. In wars the Fceciales were only imployed. Servius. No juft warr but proclaimed by them. Tully. And that was after fixing a fpear in the frontiers in the witnes of 3. perfons, at the leaft the Prefident and other ceremonies Dionyfius HahcarnalT. fetteth down. In ending war was the fole office of the Ca- duceatores^ called of Mercuries rod which they bore as their Symholum ; the ftraight rod noting their juftice, the 2. ferpents the different per- fons they fhould perfiiade : part of their peace- full ceremonies were herbs, a Lituusj and ftone taken from the temple of Jupiter Feretrius. Thus much for their office. The Etymologic of Heralds Goropius would borrow from the old German tongue taking Her for puhlicus^ and Alt for nuncius. But the opinion of fbme Germans rejeding the firft letter H, fo it is printed in all the Imperial Diets at Mentz, derive it from r, which is honoTy and Hault^ holding, a preferver or holder of honor. For the better regard Tillet fayth that $6 The Antiquity ^c, that they had affigned them titles of Cities and Countries, as Normandy, Orleance, (3c. and in England, Lancafter, Winfore, York, ^c. The reafon, faith an old book of this que- ftion, is to (how the conjunction of holines, puiffance, amity, -and authority in them. They were by the French ftories in fiich reverence that they fate at the King's table .... Of C 97] Of the Antiquity, andtife of Heralds in England^ By Joseph Holland. 28. Noyr. I do I. R. Gerard Leigh doth ftiew that at the firft there were certain Knights called An- cients^ fuch as had ferved the wars 20. years at the leaft, thofe were made by Empe- rors and Kings, the Judges of martial ad:s, and of the lawes of Amies. And after them fucceeded Herehaughts^ which by interpretation is as much to fay as oldLordsy and were fo called for the honor of their fervice. This Herehaught appareled in the coat of Amies of his Soveraign the Prince himfelf at his creation, taketh a cup all gilt and poureth water and wine upon his head, and putteth about his neck a collar of SS. the one S. ar, the other S. fa and when his oath is admini- N llred, 98 The Anticiuity ^c. ftred, he giveth the fame cup that he was cre- ated withall unto the Herald, who bearing the fame in his right hand maketh a Larges in th^ Hall of his Soveraign. For the antiquity of the name here in En- gland 1 find, that Malcolm King of Scots fent a Herald unto William Conqueror to treat of a peace, when both armys were in order of battle. John of Gaunt, Duke of Lancafter, married Katharine daughter of Guy on King of Amies in the time of K. Edward the 3. And Geffrey Chaucer her filler. King Henry the fifth fent a Herald to fum- mon the caftle of Mauftrowe in France, and becaufe they within the caftle gave opprobrious words unto the King's Herald, the King caufed a gibbet to be fet up before the caftle, on the which were hanged twelve prifoners all Gen- tlemen and friends to the Captain of the caftle. Before the battle of Agincourt the French King fent a Herald to King H. y. to know of him what ranfome he would give. But after the battle he fent Montjoy King at Armes, and four other French Heralds to defire burial for them that were flain in the battle : the King feafted the Officers of Armes,and granted their requefts. Clarentieux King at Armes was fent by King H. 8 . to make defiance unto the Emperor Charles the Of Heralds in England, 99 the f. but before he diddehver his mefTage he prayed that the priviledges belonging to his place might be kept, which was that he might have a fafe condud: to return within the domi- nions of the King his Matter. Whereunto the Emperor anfwered, your privileges fhall be kept. And while he did deliver his meflage of defiance, he held his coat of Armes upon his left arm j and when he had finifhed his fpeeches he did put on his coat of Armes, and had the Emperor's licence to depart. The Lord Brabafon of France in the time of K. H. y. did appeal from the King's fentence unto the fentence of the Heralds and officers of Armes upon this point,that he having fought with the King body to body in a mine under ground at the Town of Melun in France, the King ought not afterwards to put his brother in Armes to death for any caufe : and i^o was the opinion of the Heralds at that time, other- wife the King would have put him to death for that'he was confentingto the death of the D. of Burgoign. Whereby it appeareth, that the Heralds and officers of Armes in thofedayes were learned and skillfiill in martial difcipline. N2 Of [ 100 ] Of the j4uthority. Office andTrmleges of Heraulls in England, By M^ Agar d. O R the antiquity I think in the queftion before touching Armes bearing, was by me in part touched, That be- fore the Conquell there was no mention made of Heraults in England by means of the Continual vexation of wars betwixt the Britons and the Saxons, betwixt the Saxons and the Danes, and the Saxons themfelves, except you will take thofe ancient Bardi among the Bri- tons to be inllead of Heraults, whofe exercife was to celebrate the ancient defcents of men of worth by rythmes. But fure I am that at the Conqueft there was no prad:ice of Heraul- dry. For unto them belongeth to be skillfiill in The Authority ^c. loi in Languages, to be able to deliver meflages of love, peace, or to denounce war betwixt Prince and Prince. But the Conqueror ufed a Monk for his Meflenger to King Haroult. And Harold never fent any to William the Con- queror that I can read of I remember Ingulfiis maketh mention of oneEarleWithlacius, who calleth King Egbert and Athelwolf his ion his Lords or Kings. This Withlacius by his deed confirmeth to Growland the gift of one Oxgang of land in Leithorp, which one Edulphus his mefTenger gave, called by the name o Nuncius fuuj . So as I leave it to the judgement and cenfure of the Learned, whether he is to be taken for a Herault or no. I fuppofe the befl time and chief riling of them was in Ed. 3. time, even when the Garter took his beginning. At what time election was made of learned and difcreet perfons, to be employed as well for the fending of them abroad with the order to foreign Princes, as alio for to treat with them for negotiating of leagues and treaties of peace and confederation. Yea, and of late I have feen a treaty of peace made in K. H. 7^ time with the King of Denmark, where the Chief Commiffioner was Claren- cieux, wherein were fett down fo wife and learned articles as that H. 8. ion to H. 7. in renewing the league with the King ufeth the fame 102 77^6* Authority ^c. fame words with no addition to the fame: which league hath everfince the making con- tinued firm, untill of late that the King of Den- mark that now is, fought to offer to our Mer- chants fbme hard meafure by new impofitions. But the Queen's Majeftie fending the Lord Zouch thither with the fame leagues exempli- fied, pacified the matter. Now I take it that I may very well divide Heraults into two forts, rNunciufy ) I Internuncius S Nuncius I think to be the Herault of Armes who is appareled with his coat of Armour bear- ing the Armes of the Prince, which coat was wont to be called Tabor^ for fo I remember in an action of trefpafs in H.4. time, one implead- cth an other, ^^uare Taboram fuam cepit. And to this coat belongeth reverence, in that if fo be, that an Herauld be fent with this coat up- on him, for any man a fubjed: commanding him to obedience or appearance, to refufe is deemed treafon, ^ia exprejfam habet B^gia ma- jeftatis imaginem^ as in Tilbcrienfis is faid of the King's feal. And in all rebellions, they be employed with their coat to deliver meUagesof pardon and proclamations to the Rebels ; and their coat is a pafsport : and to hurt or kill any of them in that bufincfs is treafon, as was deemed againit the Rebels of Norwich, who flew Of Heralds in England. 103 flew M^ Man an Herald there, coming to them to have proclaimed pardon if they would have accepted it. Neither are any Meflengers fom Rebels to be admitted to deliver any meffages, before the King's Hcrault have gotten them li- cence to fend : as was lately in K. E. 6, time proved by that worthy Earle John of Bedford, who was fent to reftrain the Rebels in the Weft: where after he had overthrown thofe of De- vonfhire, and marching on towards Cornwall, there came in poll to him a iilhe wretch with- out bootes or fpurs with hay about his legs from the Rebels fent, faying he was fent by the Rebels to my Lord with one who when he came before him, ufed this fpeech or the like. My Lord^ the Commons in Cornwall have fent me to you to tell you that they will bid you battle to morrow on fuch a hill if you dare come thither. The Earle anfwered. Well f aid; but have you never a better horfe^ faid he ; no^ indeed^ faid the Meffenger : than take him and horje him better againfl yonder wall, where they pitch- ed two bills , and cafb the third over and hanged him, which the poor wretch feeing provided. Oh ! faid he, it is againfl the Law of Arms to hurt Amhaffadours : but my Lord an- fwered, Sirrahj no law of Armes is to be J^pt with Traytors, Now for Internuncii I take them to be thofe which were called Purfuivants, a meaner fort, which 104 The Authority ^c. which now do wear a thing wherein the Kings Armes are ingraven called a Box : and furely their authority is great and their Armes bear- ing is reverenced alfo. But thefe we fee medle not with Armes bearing, but many of them have prefumed with harmes bearing, whereof they have tafted for their prefumption for ab- ufing their authority. Of [ lOf ] OJ the y^nttquity andTrivileges of the Houfes or Inns of Courts and the white land. In which fenfe the Author of the book de mundo ad Akxandrum^ which is fiippofed to be Ariftotele's, calleth it Albion^ and our Welch men call it Inis Werty the white Ifland, albeit (bme think the name Albion to be deduced f i'om Albion a Giant, and other from the high lituation. When it was firft known to the Greeks, who were the firft difcoverers of thefe Weftern parts, they called it Britannia^m my conjecSture as the Country of the BritSy that is of the painted people, which was the peculiar note, whereby they were diftinguifhed from other Nations, as the Gauls from whom they were defcended were fb named of their fhagg'd hair, and their country accordingly called Gallia comata. While it was under the Romans an old Panegyrift called it alter orbisy and Ariftides ^vins f^s^^tj for the greatnes thereof, as Ca- tullus, Injula ' cccruliy for that it was fituated in the fea, and ultima Occidentis Infula^ as the fardeft Ifland toward the Weft, and at that time, of it all the adjacent Iflands were called by the Latins, Britanniay Britannicay and by the Greeks Britannides, When the Englifh came hither and pofTef. fed themfelves of the land, the name of Bri- tain was worn out by little and little and pre- ferved only by the learned in bookes, and they called I. Sic, I J 2 Of the dherfity of called them f elves (as nations firft took up names and count their denominations from the nations ) Gugla ))co^, An^lcynn, Gnglccynn, Gnglij-c mon, and the Latin Writers Gens Jn- gloruTiiy for you fliall never find in Bede or any of other nations this word Jnglia^ but he cn- tituled his book, Htjioria Gentu Anglorum ^ which name was common to them all, not- withftanding they were fubdivided into Mer- cians, Welt-fex, Ell-engle, ^c. until! the time of Egbert, who is reported, being Lord and Monarch of all, to have impofed the name of Engla-lond upon all by proclamation; yet I have not obferved that name, but Engle-ric and n;j;la cynne|'-pic, that is, the kingdom of the Enghfh, for many years after Egbert, un- till the time of Knut, in which time the name of Anglia and England began to be in fre* quent ufe taken from the people, which came out of a part of Juitland, where they left the name of Angloen, and not of Queen Angela, nor the Giantick Angul brother to Danus, nor of Angulus orbis^ which was but a poetical allulion i as neither the people An^i were fb called of their Angelique faces, nor that they were good Anglers, as Goropius ridiculoufly deriveth them. This only 1 can add moreover, when the name Britannia was difcontinued in common ufe and among Writers, that Boniface or Wine- frid, Names of this IJland. frid, our own Country man, called it Saxonia tranfmarinay having no other name to notifie this his native Countrey in his epiflle to Pope Zacharias, about the year 742. which name he forged, for that the Enghfh Saxons had now planted themfelves fome two hundred years before* ITS U Of C IT4] ^^W^^^M ^^^^ Hfe" Ig^^j^MllliBBBMI ^T Mir rw^Bn^iegHB l^lf^BG;^S^^^23!S SsKair^ of the diver [tty of the Names of this Jflandy By Joseph Holland. ORASMUCH as it reft- eth uncertain, when and by whom this Ifland was firlt inhabited, and that our Au- thors do vary therein, I will begin with the moft com- mon received opinion,which is, that Samothes the fixth {^on of Japheth one of the fbns of Noah was the original beginner. He came into this land about 5-2. years after the flood, and he called it Samothea, in which name it continued untill Albion the fon of Neptune, whodefcended of Cham, entred the fame, and changed the name of Samothea into jilhion. Some Authors do affirm that it was called Albion ah albis rupibus^ of the white chalkie cliffes in the eaft and fbuth parts of this lands fbme others will have it come of the Gfftloe diver ftty of <^c. ^ss the Greek word olbion, which fignifieth felix^ a happy country to dwell in, fome of Albina Dioclefian's daughter, which is held to be fa- bulous. It continued in the name of Albion (Jo 8. years, untill Brute's arrival here, who con- quered this land, and changed the name there- of from Albion into Bretayn or Brutayn, which name hath been diverfely expounded, accord- ing unto fundry men's opinions and expofi- tions, as Britania^ Brutania^ Bridania^ Pritania^ Prid cain^ and diverfe others ; but were it not that the name of Brute is rejected by diverfe^ men of good judgement, I could be perfuaded, that it might moft truly be called prutayn of Brute. But forafmuch as in the hiftorys of Italy there is a large pedigree fett down,where- in they derive themfelves from the Trojans and from iEneas, fetting down his genealogy both for Italy and France, but make no men- tion of Brute, and that fbme of the Authors do lay, that totus procejjus de Bruto illo efl maps poe- ticur, quam htjioricus^ for my own part, I will leave it to be decided by men of better judge- ment than myfelf This name was after changed in the time of the Saxons and called England, of certain men that inhabited a part of Germany. Thele peo- ple drove the Britains into Wales and Corn- wall, and other places of refuge, and Egbert K. of the Weit-faxons became fble Monarch of U 2 the iT^ Of the diver fity of ^c. the whole Land, and called the fame England in remembrance of that part of Germany whereof he was; wherein the Angelt or Angels inhabited. Notwithltanding that King Egbert did firft begin to alter the name of Britain, yet it was not fully changed in divers defcents af- ter him ; for I have a Saxon Charter made by King Edgar, which was the firft King in de- icent from Egbert, and he writeth his ftyle in the beginning of his Charter, Ego Eadgar to- tins Albionis Bajileus 8cc. and in the end of the fame Charter, J^ex totius Britannia prtefatam donationem cum figiUo Sancla crucis confirmavi ; in which Charter there is mention both of the name of Albion and of Britain. And the fame King upon his coin, which I have here tofhew, writeth himfelf J^x Anglia, Likewife King ^delred his ion wrote his ftyle. Ego yEdelred Anglia nationis ceterarumque gentium triniatim inter ambitum Britannia tnJuU degentium l^egia dignitatis folio ad tempus Chrijli mundi redemptoris gratis fubthroni:i{atus Bajileus An, Dominica incar' nationis .... Of [ 1^7] Of the diver fity of Names of this IJland By M'. A G A R D. 29. Jun. 1(^04. OLLIDOR Virgil, Hum- firey Lhuyd and M'. Cam- den, in their learned dif- courfes having treated large- ly of the firft original of the name of this Ifland, being called by fome 'Britannia (whereof I find not any other to be the Author of that before Caefar ) and the ancient 5rz- tones the Welfli faying the fame to be given and derived from the name of Brute, the firft inhabiter of this Ifland, grounding the fame of the etymology of their own fpeech, Britton or Pritton, and as the French call one of their people of Britain minor, un Britton britonnant in feoff, faying he gabbeth out an uncouth lan- guage, I ihall not need to produce out of thefe worthy Authors, who have gathered io many proofes both out of foreign and home Writers, lyS Of the dherftty of Writers, any thing, in that they are fo plain to be feen. The hke may be faid of the fecond name of this Illand called Albion, derived from the White rocks, which name alfb cannot be very ancient, takmg fbme fmatch fom the Latin ; but yet I will not pretermit that ex- cellent and worthy epitheton that K. Edgar in the foundation of the Abbey of Ely by his Charter, doth give to this Ifland of Albion in thefe words : Ego Edgar us Bafileus diUcn InfuU jilbionu^ Jubditis nobis fceptm Scotorum^ Cumbro- rum^ Britonum ^ omnium circum circa ^gionun?^ quiete pace fruens ^c. By which he knitteth together the whole Ifland being under his go- vernment, terming it a moft worthy Ifland of all other to be beloved. So as he accounteth the Britons (being Wales) the Scots and the Cumbers (which were the Pids) to be but as territories and members of this Ifland of liis called Albion. And now to the third name of this Ifland or Realm which is called England, by the Saxons firft given who conquered the fame againfl: the Britons, I find that before the coining in of Hengifl:us, there landed in the North parts of the realm long before, one Aelle with three of his fons, as is mentioned in a book of Ely. Jelle (3 ejus tres filii cum tri- bus navibus in Britanniam venerunty ibique Britones multos occiderunt ^ viHores extiterunt^ ^ ipfe Aelle in provincia illorum regnare cccpit^ ad cujus nomen beatus Names of this IJland. '^9 heaius Gregorius cum An^igenas pueros in for o ve- nales inveniret pofitos^ alludens^ ait alleluya tUis in parttbus oportet cantare. And this was in anno Domim^iy. that there he entred. And of this Gregory and of the Englifh Saxons a Regifter of Canterbury maketh mention in thele words. Primus fuit Aelle l^x Auflralium Saxonum de cu- jus regione ^ dominio pueri J^mce venales quos notavit Gregorius^ Angli ut angeli vultu nitentes fuerunt ^ ^ quia J{ex Aelle dicebatur^ addidit Gre- gorius Aelleluya in regno ejufdem fonari debere. And the fame Author letteth it down the caufe, why after the Saxons had fubdued the reahn, it was rather called England than Saxon- land in thefe words. De Anglis vero^ hoc eft^ de ilia patria^ qux angulus dicitur ^ ab eo tempore ujque in prafens manere defertus inter provinci as WeBarum & Saxonum perhibetur, Orientales Angli^ Mediterraneiy Merci^ tota Northumbrorum proge- nies^ id ejlj illarum gentium^ quce ad Boream Hum- bri fluvii habitant^ ceterique Anglorum populi funt orti : ^ quia major ^ nobiltor fuit populi multi- tudo Anglorum quam Saxonum vet Wi^orum^ ideo potius nominatur infula ab Anglis quam h Saxoni- bus five WiBis. So as it feemeth to me by thefe Authors, that the name of England began firft rather by this Aelle, than by Egbertus the firft Monarch, who followed after him many years. But this is certain, that the Saxons did abhor after their Conqueft to call the Ifland Britain, whe- i6o Of the diver ftty of whether it were upon Gildas writing, who, with- out flattery of his Country men Britans, fliew- eth that the whole Country was burdened with Tyrants, and produceth Porphyrins for a wit- nefs, who calleth it fertilis provincta Tyranno- rum I or the defire they had to continue their name of that part of Saxony from whence they came, which name of it felf is ctymologed thus in an old manufcript. Sciendum efl quod Anglia duobus modis exponttur^ ab an, quod efl cir- cum^ (3 cleos, quod efl gloria ; quafi circum circa gloriofa : vel ab en, quod efl in, (3 cleos gloria j quaji intus gloriofa : fcilicet quia dicitury Anglia dat florem, coelo largitur odorem. Andfurely that fweet name of England hath been of lin- gular eftimation. among and above all other nations ; infomuch as let an EngHfli man be in company among people of fundry other na- tions, you (hall have him admired of them all, yea, and both of man and woman more fa- vored and refpecSted, than any other in the company, as one that carrieth more courteous, friendly, and lovely countenance before all other people, according to Gregories words. Yea, and it is not read that William the Con- queror ever attempted after his conqueft to alter that good name; thinking himfelf a moft happy man to be King over fb worthy a King- dom, which he placed in his ftyle, and prefer- red before his Dukedomc of Normandy. Yea, and Names of this Ifland. k^i and it is not to be forgotten, that in the place of ranking or fetting in order Chriftian King- domes, that England is placed before King- domes of larger territories, as it appeareth in a Regifter book ofRochefter, out of which I took this note written above three hundred years paft : Imperator T^pmanorum & I^x jilmannia^ Im- perator Conflantinop, l{ex Jerofolymitanus ^ J^x Francoruniy J{ex An^orum^ I{ex Scotorum^ C? tunc J^ges ^c. Caflellxy Legionenfes^Arogonienfes^ Tor" tugallienfesy Navarriay Sicilies^ Norvagics^ Daciipy Hungarieey Bohemia^ Armenice & Cypri. So as to conclude with the red book of the Exchequer, Infula nojira fupi contenta bonis pere- i.rinis non indiget^ banc igitur merito dixere prior esy divitiifque Jinuniy deliciifque Larem, X Of [ I<^ ] I. Saino- tUea. Of the diverfity of the Names of this Ijland, By M^ Oldworth. 29. Jun. 1(^04. Names. I A M O T H E A, Cumero^ or Ctm- l/ria, Mbion^ Bntatinia and Anglia or ^ngulta and Scotia, An other name rather en- deavored than fettled, viz. Fakfitia, For the two former, viz. Sa- mothea and Cumero or Cimbria, I find a diffe- rence, whether of Japhethes ions was the ori- ginal poflefTor and Prince here, or rather from which of them it fliould receive peophng and denomination. Hohnflied beginneth thus with Samothes. Namely that this Ifland was part of the Ccl- tick kingdom, whereof Dis otherwife Samor thes one of the ions of Japheth was the ori- ginal beginner and from him called Samothea, w;^. for 341. years. M"" of the diver ftty of ^c. i ^ 3 M'. Camden Clarencieux, to whom all our * nation oweth exceeding much for the light or"cym- afforded by his travels, rather obferveth that*'"^- Gomer, in his ultimis Europe finihus originem de- dit. To this accordeth the Author of the book Mr. John called the firft book of the hiftory of England, ^^^P" who in the end of the preface thereof^ nameth himfelf Philomathes, and voucheth warrant from ancient Writers, that the Cimbrians came firom Gomer the eldeft fon of Japheth. Albion. Whether from the fbn of Neptune 5. as fbme imagine, or whether from Alht orjvtr^cam- Alpes^ or ah olhiis or ah Albiis Gallisy or ra-den a ther Albion aGypfeo foloy and ah albis rupibus .^^^^ ^^^^ Ortelius calleth the whole Ifle Albion. Hoi- Grecians, linflied maketh a collection of the continu- ance of this name (^00. years, till the year 1116. before Chrift that Brutus came,and according as he voucheth Plinie, it is not the whole Ifland , but maxima Britannicarum Infularum ; from Al- bina, an imagined daughter of Dioclefian is not approved. Brutus many hold to be changer of theBiitanuia. name ; and yet diverfe good Authors do much doubt of his being here, but of this the beft collection as well for variety of reafons of the Etymology, as for probability and truth we muft afcribe to the worthy and induftrious per- fbn I have before mentioned, whether from Brutus or no, and which Brutus, whether T^c- X 2 manus i<^4 Of the diver fit y of manus Conful filius Silvii , or filius HeJJicionis^ and if of Brutus, that he took his name of Brotus, quia matri partu morttfer^ quaji Brotos Grace; and for the name of people or coun- try, thus diverfely as foUoweth from the Gre- cians. Prutaneia^S'ir Thomas EUiot,a word taken for the common eftate, by which the Athenians did term reddkus fuos publicos. To this agreeth the Author of the book entituled ^apta Tatio^ lately pubhflied touching vi^. That the people were Britons of a word fignifymg a mart or fair of ftuff or wares, of which this whole Ifland afwell Wales and Cornewall as England and Scotland is in one kind or other repleniflied , which word marte feemeth to have no lefs bounds than ctvitas^ which fignify- eth a whole common-wealth, as Ariftotle. Alfo Prid-cain,7^i/. of the Wallli forma Candida^ fome from the Danes, tanquam libera Dania^ Bry for free, Bridania^ Freedaniay Pridania^ Brithania^ Bretta in Spanilh from foil or earth, Prutenia h quadam Germanic regione. Britona the nimph daughter of Mars, feemeth a fid;ion, or of Bru- tus or Pritus, fon of Araxa. Brithin a quodam potu^ quo uji Junt Gract is but a fleight matter. A Brutiis Italtce whom the Grecians called Bre- tions, to which agreeth Tho. Thomafius, that Brutii were a people in Italy above the Lu- cani, fo called of their barbarous and bruitifli l^'v'haviour. Divers others, as a Britone Centauro^ A The Names of this Ijland. 16 s A Britana ex ejm filia Celtice, Britani abjque ori' gine I leave to others. But I conclude with thefe two in my poor opinion to be moft probable and likelyeft, vi:{. with M"". Camden of Brith defiUum aut colora- tum ^ Tania I{egio^ or from the Britaines in Armorica out of France, as well for near litua- tion as alfb for uniformity in language, reli- , gion, and policy between the ancient Galles and Britons, which is obferved in M^ Clap- - ham's book, and fo to be named rather the land of the people than the people of the land. Theodolius in the dayes of Valentinianus Valencia. and Valentius Emperors, and in their remem- brance endeavored to call it Valentia, as Mar- cellinus writeth, but it took no efFecSt. Ecbert A.Dom. 800. made an Edid: at Win-AngUa. chefter to call it Angles-land or Angel-land. He defcended of the Angles one of the fix fe- veral forts of peoples that came in with the Saxons, all comprehended under the name of the Saxons, becaufe of Hengiftthe Saxon, who arrived firft of them ; and not of any Queen called AngUy nor ab Angulo a Corner. Vje C ^^^ 1 The Rtymolo^te, yfntlquity and Tri- "vilege of CajUeSy By Sir Robert Cotton. HIS queftion maketh in it felf aptly three parts. The firft, the Etymology of the name with the feveral Syno- nyma : the fecond, the an- tiquity : the third, the pri- vileges. For the firft, Ifi- dorus faith, cajirum antiqui dicebant optdum loco altijjimo fitum^ quaji cafam altam^ a quo Cajlellum,, Jive quod caftrabatur ibi licentia babitantiumj ne fajfim vagarentur i and as a difference he fetteth this down, that vici^ cajlella^ ^ pagifunt qua nulla digtiitate ctvitatii ornantur^ fed vulgari hominum conventu incoluntur^ (3 propter parvttatem fuis ma- joribus civitatibus attrtbuuntur. And Sigonius faith that the Romans opida frequentiores & am- pliores hominum conventus effe voluerunt ; Cajlella minores atque a?JguJliores^ Jed majorum arnbitu fe- ptosi vicosjtne muris, Laiucntius Valla dcfineth Caftrum The EtymoJogie^ (lAntiquity ^c, i ^7 Cafirum to be Locus muris munitas : and Julius Ferettus, that Caftra MBa funt a cafiitate^ quia ibi omnes cafte vivere dehent i and arces uiUce funt ah arcendo^ quia arcent hofies h longe. I find this word Caftel in Latin diverfe wayes varied, as fometimes it is called Cafirum^ Cafiellum^ arXy turris^ foffa ^ maceriay Mota, firmitasy munitio ; of thefe I find in a Charter made between King Stephen and H. 2. five of thefe mentioned, Cafirum de JValiingford, Caficllum de Belencomber^ Turris London^ mota Oxenford^ firmitas Lincolnitey munitio Hamptoma ; the reft as diverfe of thefe are ufual in all old ftories. For the Antiquity of Caftle, the fecond member of our queftion, it doth divide itfelf into five branches ; in the firft, the firft eredors of Caftles ; in the lecond, the uliial places ; in the third, the matter wherewith they ufed in old time to build ; the fourth, the formes they obfervedi the fifth, the end and caufe of building. For the firft, we read the firft builder to have been the founder of the Tower of Babel, whofe height Beda writeth was 1174. paces; and Brifonius by his obfervation gathereth, that the Perfians were the firft ufiial builders of Caftels in the world. For our own country, we find that the fort by Holland called arma- mentartum Britannicum^ firft builded by Caligula and after, as by an ancient infcription appcar- cth, 1 6 8 The Etymologie^ AnttquitYy eth, reftored by Severus and Antoninus his fon, was the firft builded in thefe parts, next whereunto were thefe inland Caftels erected by Didiiis Gallus as Tacitus writeth j after this the Bulwarks erecSted by Severus in the PicSts wall, were the certain oldeft I find remembred in ftory. I am perfuaded by the opinion of that reverend learned man Antoninus Augu- flinus. That, that fort-hke building ftamped upon the Com of Conftantine the younger with this infcription, Providentia Cafarum noteth either the eredting or repairing of fome Cattel here in England, which Occo call- eth only jEdificium quoddam. It may likewife not feem unhkely, that as other inftrudtions fo this of fortifying, was borrowed by us here in En- gland from our next bordering neighbours, the ancient Galliy who, as appeareth by Casfar, had the skill of it in his time : for in his feventh book he writeth, that Vercingetorix was the firft that perfuaded and inftruded the Galli^ orderly to encamp and fbrtifie themfelves. Touching the places, where thefe Caftles were builded, I find neither the valleys nor the hills, nor privilege Sandtuary avoided : for Innoccntius in his conftitution de immunitate Ecclefix faith, that tempore necejjitatts belliy Itcitum efi hofpitari G? incajlellari in eccUfia : and in high places, Perfarum J^eges inftruere in ahum editas arcesy (3 tn afcenfum arduos colles emunire^ faith Zeno- yindTrmlege of Ca files, i<^9 Zenophon. J^mana militia fuperiorem locum op- tabat^ faith Ramus in his de moribus veterum Gal- lor urn. Sed Gallorum fuit confuetudoy reliUis locis fuperioribus^ ad ripas fluminis caftra dimittere ^ munire^ Jic Helvetiiy fie Germani fub monte confe" derunty iaith Csefar. Of the third, being the matter wherewith the elder ages builded their forts, I obferve them to be fometimes earth, fometimes tim- ber, ibmetimes ftone. Of earth, this kind was ufed much amongft the Romans, as appeareth in this land by many ruins of old towns and caftles of thofe times, where there can be no appearance of any ftone work to be difcerned, only fortified with a great ditch and a bank inward of an extraordinary heigth : and Csefar in his feventh book de bello Gallicoy maketh a plain difference between the fortifying of ftone and earth, where he writeth thus, adGergoviam muro ex grandibus /axis [ex pedum faBoy deinde ad Alexiam foffa ^ maceria fex in altitudinem pedum perduUa, In one place Caefar calleth it a wall, in the other Ramus underftandeth it a heap of earth. Of forts of timber, Herodotus* in his ninth book fayth, that the Perfians fled into their wooden walls, which the Lacedae- monians skill'd not to affail, as not having the experience of caftles or wall'd towns amongft them. Vitruvius in his fecond book defcribing the Caftle of Larignum upon the Alpes, fiiith Y that 1 7 o The Etymoloite^ Antiquity y that Csefar coming to afTault it, he found the moft reliftance made f irom a Tower builded of timber, which afTaihng by all means pofiible to burn, he could not prevail as being a fub- ftance not combuftible. Scipio burned the Caftles of the King of Numidia being made of timber. And Cselar had much to do to gain the Caftle or Town of Cafibelane, which was for the moft part ftrenthned by timber and trees. For the feveral formes Vitruvius in his firft book faith, that Turres rotunda aut polygonia funt facienday quadrates entm machina celerius dijji- panty quia angulos arietes tundendo frangunty in rotundationibus ( ut cuneos ) ad centrum adigendo ladere non pojfunt. An other ufed Severus, who, as Suidas noteth, building the walls of Bizan- tium made feven Towers h Thracia porta to the f ea ; in the firft of which tower, as he faith, )i quis inclamaffet aut lapidem conjecijfety cum ipfo refonabaty tunc eundem fonumjecunda ^ ceteris om- nibus quafi per manus tradebat : of this form fome have dreamed the Pidts wall was made here in England. Touching the ufc and end of caftles, I have noted fome builded as monuments, other for peaceable ufe and ornament, other for de- fence. For the firft Berofiis writeth, thatNem- brot founded that great Tower in the field of Senaar, to the hight and highnes of moun- tains ^nd Trivilege of Ca files. 1 7 1 tains in fign and monument, quod primus in orbe terrarum eft populus Babylonius : and Adrichomius in his Theatrum terra fanUce^ fpeaking of Tam- berlane rafing of the city of Damafcus, faith, capta vero urbis poft fe trophxum reliquit tres ex calvariis caforum turres fummo ingenio ereBas : and Cromer in his fecond book of his hiftory of Poland writeth, that Lefcus, the firft Duke there, builded a caftle where he found an Eagle-neft, and called it Gnafno, which is the fame in the Poland language as a fign of happy- fortune, and bore an Eagle in his armes, which is untill this day fb continued. For peaceable ufe and ornament were thefe towers by the temple of Jerufalem built, upon the top whereof fome "of the Priefls ufed to found filver trumpets for afTembly of the peo- ple, which were called turres Buccinatorum ; from whence no doubt were derived our towers or fteeples ufed to the fame purpofe, their trum- pet being changed into our bells. Solomon builded that goodly tower of Libanus to over- look Damafcus ; fome like done by our Kings and Nobility may we find. For ornament was builded that tower of David in Jerufalem, of which in the Song of Solomon is faid, fcut turris David collum tuum quce (edtficata efi cum propugnaculis '. milk clypei pendent ex ea^ omnis armatura fortium. And Tiraquellus in his 37. chapter of nobility quoteth this for hw^fi pauper Y 2 nobilis i7i 77:^6' Etjmologie^ Antiquity, nobilis habet magnum cafirum everjum vel dejhu- flum, quod per paupertatem ei reficere non liceat^ potefl cogi ad condendum^ m civitas hujujmodi rut- nis deformetur. For defence, we find many builded for re- liftance of foreign invading enemies, as the many bullworks raifed by Severus in the Pidts wall, as Orofius writethj and divers in the Heptarchy eredted upon the frontiers of their neighbouring Kmgs, and many fuch upon the coaft, and apteft havens for landing, have been builded. And for repreffing rebels, and fure eftating this country under the Roman fervi- tude, it was by Didius Gallus thought mett to build many caftels, which he did farr within land ; which obfervation till fince the con- queft was thought expedient, untill the Kings of England, as H. 2. and his followers found that thefe retiring places of fafety were the caufes of thofe many revolts of his Barons, whereupon many hundreds of them were rafed by commiflions, and fome by writ to the She- rif i and a law enacted, that none afterward might without efpecial hcence enbattel his houfe : of this opinion, as Ferettus writeth, was Timolion of Corinth, qui docuit dejlrui ar- ces omnes ubtfe reeondebant tyrannic and it feem- cth the Polan Kings as fufpicious of danger thereby, for Uladiflaus and Kafimerus their Kings have ordained a law, as appears in their Poli/li \And Privilege ofCaflles. Polifh Statutes, that nullum cajirum feu fortali- tium regni Poionia ' aliquo Duct vel Trincipi com- mittatur. But let this reft as it is, a well ar- gued paradox among our martialifts, for I reft fatisfyed with that X)f Horace in his i(^. Ode, lib. 3. Aurum per medios ire fatellites Et perrumpere amat faxoy potentius J^u fulmineo, I. sic. 173 Of C 174 3 Of the (lAntiquitj, Etymology^ and Trivilege of Towns ^ By Sir Robert Cotton. 23. Junii 42. O R the firft branch of thisr queftion, the antiquity of Towns, it hath been partly in the other two laft of ci- ties and caftlesdifcoiirfedof, neither need there arife any doubt but that we have had here in England, Towns as anciently as in moft other parts, fince in our eldell ftorys even at that firft difcovery by Cxfar, we read him to have found a Town of Cafibelane a King of this country. And the like love of fociety, out of all queftion, which reformed the rude and elder world in the firft inhabited countrys Of the Antiquity^ i^c. ^75* countrys from their favage life to dwell toge- ther, bred in us at our firft pofTeffion of this land the like effed, fo that we muft account our Towns antiquity firom our firft tranfpor- tation hither, which was, in all likely fiippo- fition, when our next neighbour and mother country France was fully impeopled. For the etymology, we may confider the ufiial Latin, Britifli, Saxon, and Englifh names for Town, as Oppidum^ Burgus^ vicuSy vtUa^pagus^ that are ufed in our country ftorys or records. I . OpidUniy faith Varro, maximum eft adificium " ab ope diUum^ quod munitur opts gratia. And Pomponius in de verborum fignificatione faith, ab ope dicituTy quod ejus ret caufa nlosniafunt con- ftituta, Opidum ab oppojitione murorum^ vel ab opi- bus recondendisy faith llidorus in his xv. book, and that it doth differ magnitudine & moenibus ^ vico ^pagOy yet doth it contain in it vicm^ for Varro in his fourth book de lingua Latina,iaith, in opido vici a via^ quod ex utraque parte vi(sfunt adtftQia : and Rofinus in his firft book and 12. chap, de antiquitatibus faith, that a city and town is divided, in regiones tanquam in majora membra^ in vicos tanquam minora : fo in Rome there was vicus Loreti majoris in the xiii. region, vicus Tiberi in the xiv. region, vicus Lanarius in the third. So London hath in it divers wards or regiones^ and thofe wards divers ftreets - or vici. I may conjed;ure that thefe places with more 1 7tmenfton of land. as the Linearii and Nonarii : and of the moon, as Scutellati^temporales &c. They bounded their fields fbmetime with trees, which they called notatas arbor es ; with ftakes of wood fometimei and fbmetime with heaps of ftones, which they called Scorpiones; but moft with lapides termi- nales^ which were made into divers figures, fbme were called Orthogoni^ Piratnides^ J^hombi^ femicirculiy arcifiniiy fiqnati and femitatiy and f uch like i the laft being allwayes erecSfced in reli- gion of Pan, Hercules or Ceres. The other, fig- natusy fo called, becaufe it had on it fbme fign or picture fignificant for the dire6tion of the limits : thefe ftones have been found in fome places of this land, and under them great ftore of aflies and coles ; thereupon, faith Siculus Flaccus, is that before they fett down any of thefe meare-ftones, they ufed in the place to make a facrifice of fome beaft, and pouring in the blood mingled with wine, frankincenfe, herbs, hony-combs, having after anointed the fame with omtments, and crown'd it with garlands, and then placing it fupra caUentes re- Itquias. In latter tune here in England they divided their land into hides, ufually taken for fixfcore acres, carucate, and acres ; and af- ter, for 1 find none of them mentioned in Domefday, irto virgatas or Jeliones, being un- certain according to the cuttom of the coun- try. Our fens are in record meafiired by Leuca Of Dlmenfton of land. 1 8 1 Leuca ^ ^uarentena^ and divided with Curta lanay by a law made by Canutus, and executed by Earle of the eaft Anglorum^ who gave to every fen-bordering town tan- turn de marifco quantum de Jicca terra. Thus much in hafte. Of [ l82 ] Of the antiquity of motts and words ^ with zArms of Noblemen and Gen- tlemen of England. By Sir Robert Cotton. F I ftrait this queftion to the common acceptance, my dif^ courfe muft be to you, as the queftion is to me, flender and ftrait. But if I take h- berty to wreft it, whither the letter will lead me as to Im- prefTes, of which nature Arms with their words are, it will grow more tedious than the time, wherein To many muft deliver their opinion, will permit. And therefore to fafhion the one to the other, both to my own ignorance, I fliall fitt the time tho' not the queftion. And firft, I muft intreat you to allow for antiquity of Arms, which is the liipportation of our mott or word, that all fignificant portraturcs painted in fhcilds were and are accounted armes OfthezAntiquityofmotts (^c. 183 amies and injignia. The original doubtlefs whereof, (irft grew from the Egyptian Hiero- glyphicks, by which means purpofes were de- livered by natural characters: as in writing fortitude, they formed a Lion j luft, a Goat j watchfiillnes, an Owl. Hence men to depicture their vertuous afied:ions ufed on their fhields fome of thefe lignificant figures, adding no mott nor word at the firft, in that fo long as the tradition of that natural learning lived in men's practice, it was needles ; but after the fecret myfteries of thofe bodies ( for fo Jovius termeth the painted formes ) were worn from their true underftanding to ferve only for a diftindtion of perfon or families, for fo now Armes are, they were allured to add there- unto a foul, to that fenfelefs body ; for fo he entitleth the mott or word ; concluding it now neceffary that the one mull accompany the other under certain limitation , as that the one muft not be above three words, the other not charged with many differing iigns or co- lours, which we hold ftill a fecret of good he- raldry. Thefe armes or impreUes are either to private perfons, or famihes ; the firft more an- cient, for he that did formerly perfon a King bore in his Ihield as note of Soveraignty fome beaft or bird royal. So did ' Agamemnon at Troy a Lion ; the like did Fergufius ^ the Scott, 1. Paufanias, z. Boetliius. fince 1 84 Of the Antiquity ofmotts fince received by the Kings of that country* Caefar an Eagle as Emperor, fince approper d to the Empire to this day. Amongft all our En- glifti ' King, Arthur is by Vincentius ^ faid to bear infign of fandtity and rehgion the figure of our Lady upon his fhield. Cadwalador for his fiercenefs, a Dragon. Divers of our Saxoil Kings for their devotion, a Crofs -, as S'. Ed- ward. And fome for their principahty and rule, Leopards and Lions j as our Kings fince the Norman conqueft. But for a word an- nexed to any imprefs or Armes, I cannot re- member any here, before H. 2. who is by fome Writers obferved to bear a fword and olive branch together,wrethed with this word utruni' que. Such a like in regard of the connexity, tho' not in like fenfe, was that Dolphin twilled upon an anchor on Vefpafian's coin, with this word, fefiinalente. Richard the firft ufed a maled arm holding a fliivered Lance, the word. Labor virts convemt. E. 4. his white role clofed in an imperial Crown, the word, rofa finefpina. E. d. a fon fliining, the word, idem per diver/a. Queen Mary a fword eredted upon an altar, pro ara & regni cujlodta ; but more fubtle than any of thefe, was that of the lall Scotch Queen Mary, who, after her French marriage,ftamped a coin where on the one fide was the impalled armes of Scotland and France, on the other I. Sic. z. Vincentius 1. z. can. k6. AndwordSy with ^rms ^c. i^r between two Iflands and a ftarry heaven two Crowns Imperial, the word, aliamque moratur. Thus much for imprefles perfonal and not he- reditary. For fuch as follow families, I think they cannot prove very ancient, Unce Paulus Jovius plainly delivereth, that the firft that an- nexed that note of dignity to a family, was Frederick Barbarolfa to his beft deferving foul- diers, which falleth to be in anno 115-2. and the 17. of our King Stephen: from which ground it may leem our Kings afTumed it near that time, for I find no badge of any family untill King John, no not of any of our Kings upon their feals before Richard the firft ; and for any mott or word ufed to any fuch armes, I note none before that of Edward 3. Hony Joit qui male penje^ proper only to his order, un- till Henry the 8 . time ; whence from I take we borrow thofe fentences or words which I pafs to remember, in regard of their multitude, fince they fall fitter to thofe better Students of Armes to obferve. Aa Cf C i80 Of the u^ntiquity of Arms in England^ By M*". James Ley. N confidering of Englifli Amies, it is not improper to refpecSt three things- firft, the drverlity of nations that have conquered this king- dom, and the variable u/age of Amies and tokens by them. Among whom the Britains being firft were a nation in the beginning, and long after barbarous and ignorant both of Arms and Mi- litary ornaments. For C^far teftifieth, ^ that Britanni pellibus funt vefliti^ omnes vero fe luteo ittficiunt^ guod cteruleum efficit colorem^ atque hoc borrtbiliore funt in pugna afpeBu, The Romans were the fecond nation that governed this land, and the firft that ufed any knowledge or exercife of ArmSj, who, mingled with the Bri- tains, tempered the fiercenefs of their natures, and taught them martial difcipline. Neither I. Csfar de bell Gall. lib. $. fol. 7Z. can of the Antiquity of i^c. 1^7 can I jfind any occafion to f ufped:, that Arms were born in this Ifland untill the entrance of Juhus Csefar, of which time I may not doubt, but that fuch martial tokens were regarded, fince Csefar fpeaking of his firft landing here, fayth, ' at noflrts militibus cunRantibusy maxime propter altitudimm maris^ qui decimce legionis aqui- lam ferebat ( conteftatus Deos, ut ea res leponife^ Ltciter eveniret ) dejilltc^ inquity milites^ ntfi vultis aqutlam hoflibus prodere ^c. Out of which a twofold obfervation doth proceed, one touch- ing the bearing of Arms, in that the Roman Aquila or Eagle was their enfign : the other concerning the law of Arms, that the not fe- conding the enfign was to betray the fame to the enemy. But whereas fome do attribute unto the Roman eftate the bearing of a fliield of azure, and therein the letters S. P. QJR. in bend argent, whether that were born for Arms, or elfe an abbreviation of" the name of the Roman common-wealth, Senatus populufque l{omanus^ I leave to others to decide. And as the Romans advanced their enfign of the Eagle as proper to their nation in that age, to the end their legions might thereby be known, fb Caefar himfelf accuttomed to wear an upper garment of a fpecial colour, thereby to be dif- cerned from others. For writing of himfelf he faith *, accekrat Cafar ut proslio interfit^ ejus ad-* ~ KCsf. de bello Gall. lib.4-f. 67. ^. CxHtide bello Gall. lib. 7. f'ljs. Aaa ventu ' . i88 OftbecLAntiquityof ventu ex colore vejlitus cognito^ quoinjtgni inpreoliis uti confueverat ^c. Which garment, although being but of one colour, may neverthelefs de- ferve the name of a coat armour. After Cx- far's time, the Chriftian faith being brought into Britain by Jofeph of Aremathea in the time of Lucius, the fame nation (as it is by moft men admitted ) took the crofs gules in a lilver field, with a crofs of torment in a camp of mercy; which crofs might more aptly be a plain crofs, in refped: that kingdome received Chriftianity in a time of the plainnefs and lin- cerity of the preaching thereof; and Conftan- tine the Great alfo ufed a crofs in his fland- ard. But when the regiment of the Romans became quailed, and Aurel Ambros the Britifli King was in the way between life and death, there appeared a ftarr of marvellous greatnes and brightnes, having only one beam, in which was icQn a fiery fubitance after the fimihtude of a Dragon, which Merlin expounded to fig- nifieUther Pendragon; who, after his brother's death, obtaining the Crown in remembrance of that flarr, juffit ' fabricari duos Dracones ex auroy ad Draconts fimilitudinem^ quern ad radium ftella infl>exerat^ qui ut mira arte fabricati fuerunt obtulit unum in Ecclefia primce fedis Guintonice^ alterum verojibi ad ferendum in prcclio detinuity ab illo ergo die vocatus eft 'Uther pen dragon,^ao^ Bri- J. Gefi'Mon. lib. S.c 14. tannica ^rms in England. 189 tannica lingua caput Draconis appellamus ; whom in like fort the Saxons called for the fame caufe &pak Hered, and this Dragon was ufed pro vexillo per ^egem ufejue hodie^ as faith ' Mat- thew Weftmonafterienfis, who lived in the time of K. Edward the firft, and this Dragon, or not much unlike, is one of the regal fupporters at this prefent. King Arthur the fon of Uther forgot not his father's enfign, but in the bat- tle of Lathes hill, wore his helm adorned with a Dragon for his creft, as Monumetenlis wri- teth ' : Ipfe vero Arturus^ lorica tanto l{ege digna indutusj auream galeam Jimulachro Draconis /- fculptam capiti adaptavit^ humeris quoque fuis cly^ peum vocabulo priwen, in quo imago SanSlis Maria Dei genetricis imptUa ipjam in memoriam ipjius Jcepijfime invocabat : and in another place he faith, Ipfe ( Arthurus ) elegit fihi & legioni uni quam Jibi adejje affeclaverat^ locum quendam^ quo aureum Draconem tnfixit^ quern pro vexillo habe- bat, quo vulnerati dijfugerent. By which it is evident, that King Arthur bore for Arms in his fliield the image of our Lady, and for his creft and in his ftandard a golden Dragon : and when theBrittons, oppreffed by the Pids, invited the Saxons or ancient Weftphalians to their aid, Hengift and Horfe being their leaders,acknow- ledged none other enfignes but puUum > equinum I. Matt. Weft. p. iSo. z. Gal. Monum. lib 9. cap, 4. Matt. Weft. f. 186. 3. Albertus Crantzius de Saxonia. atrum^ 1 90 Of the Antiquity of atrnm^ qua fuerunt vetuflijfima Saxonia arma; not without a nianifeft allufion unto their name of Weftphali, f^alen or phalen, or ( as we in Engiifh have made it ) foal, fignifying a colt, and Tveft importing thofe that dwelt on the weft-fide of the river Fifurgis or JVefer: which Armes their kindred that remained in Germany changed into contrary colours, and their po- fterity, which encreafed in England, forfook for other different Arms upon their firft re- ducing unto Chriftianity. For I find that in bello ' apud Beorford in vexillo Aethelbaldi erat au- reus Dracoy which is not unhkely to have been borrowed by imitation, or challenged by con- queft from the Britons. I cannot well affirm the bearing of Armes by them, qui " fupparum^ id efiy camifiam Dei genetricts ( quam Carohs ma- gnus de Hierofolyma veniensy apud Carnutenfem ur^ bem in monafierio ejujdem Virgtnis pofuerat) in edttiori comitatus loco pro vexiUo Jlatuerunt. Bug it is plain, that the golden Dragon continued untill the time of Edmond Ironlide, fince it is fett down that in the battle between him and Knute the Dane, J^gtus 5 locus juit inter Draco- nem i3 flandardum j which Dragon was rather the official enfign than the corporal Armes, the fame being ( after the baptifm received and difperfed ) a crofs patee gold in a field of Azure, as may appear by the reverie of diverfe 1. Matt. Weftm. p. 173. z. Idem 354. 3. Idem p. 399. of ^rms in England. 191 x)f their coynes ; and as the fame badge of baptifm profpered, {o in proces of time the ends of this crofs alfo florilhed, and in con- clufion was contented to yeeld room for four or five Martelets in the field, untill the Nor- man acquifition j when as fecurity was fubjed- ed to conqueft, and Enghfh inhabitants gave way to Norman Chevalry, fo the was changed into a fanguinean field, and the crofs removed place unto the two Lions or Leopards, tho' furioufly pafTant yet advifedly gardant. The fecond obfervation is, that in thofe elder times, in which ornaments of honor had more reputation than perfection, it oftentimes happened, that the protrature and figure was more refpeded than the colour, infomuch that fometimes one thing was ufed by one man at feveral times in feveral colours, of which I will only cite two authorities or prefidents. It is known to all men, that the Eagle fable is and allwayes was the imperial enfign of the Romans, and yet one Lucius Tiberius a Ro- man captain in a battle againft King Arthur, auream ' Aquilam^ quam pro vexillo duxerat^ jujfit in medio firmiter poni. So that either the co- lors were not then exadly obferved, or elfe 'Geffrey Monmouth is not alwayes to be cre- dited. Csefar alfo writing of the battle and victory againft Pompey affirmeth thus, figna I. Gal. Monumet. lib. 10. cap. 8. milttaria I p 2 Of the (lAnttquity of i^c, militaria ex proelio ad Cafarem funt re lata clxxx. (3 ^quila novem : which could not be without confulion, that ib many Eagles fhould be born m one camp, but that fome of them did at leaft differ in colours from the others ; and it were ftrange that nine Legions lliould feverally follow the hke number of Aquilas, and yet the colour of them all to be black. Ferejla^ C 193 ] Forejluy By James Lee. HE word Forefl^ is derived o^foris flare^ which doth fi- gnifie to Hand or be abroad, and forejiarius is he that hath the charge of all things that are abroad, and neither do- meftical nor demeani where- fore Forejia in old time did extend unto woods, wafts, and waters, and did contain not only vert and venifbn, but alfo minerals and mari- timal revenues. For proof whereof the words of Johannes Tilius ' are thus, Gubernatores G? cufiodes Flandrice ante Baldwinum^ qui a brachio ferreo diUus ejly erant offictales arbttrio I{eguni Gallorum mutabiles &c, turn autem dicebantur Foreftarii, id eft^ fakuarii ; non quod ipforum mu- nus agrum tantum fpeclaret^ qui turn confer tus erat fylva carbonaria, fed etiam ad maris cujiodiam per- tinebat i nam vocabulum illud roreil, prifco fermone r.Lib. r. .Bb tnfe- 194 Fore ft a, inferioris Ger mania a que aquas ac fylvas JpeBahat. And to this effed: the fame Author doth cite diverfe prefidcnts of Charters, granted by the Kings of France. So that it appeareth by this and diverfe other authorities, that the Gover- nor of Flanders, under the name and title of the Forefter of Flanders, had the charge both by land and by f ea and of the general reve- nues of the fame country. Neither is the eftate of forefts in England unlike unto that in Flan- ders, in fb much as the charge and articles which are to be inquired of in the court, called the feat of the Jufticcs Itinerants of the fo- reft, do not only tend to the prefervation of the game, but alfb extend to fee a juft furvey, and to call a full account of diverfe kinds of profits, ifTuing and happening, as the fermes of afferts, purpreftures and improvements, the wood and timber called Greenhawgh, herbarge for cattle, paynaige for fwine, mines of met- tals and coales, quarries of ftones and wrecks upon the fea-coafts. But when Forefts were firft ufed here in England, for my part I find no certain time of the beginning thereof Yet, I think, the name of Foreft was known in England, tho' not in fuch fenfe, as now it is taken : and altho' that ever fince the conqueft ( as the Readers upon the Statutes de " Forefia do hold) it hath been lawfull for the King to make any man's land (whom it pleafed him) Fore ft a. ipr him) to be foreft, yet there are certain rules and circumftances appointed for the doing thereof. For, firft, there muft ifTue out of the Chancery a writ of perambulation, directed unto certain difcreet men, commanding them to call before them xxiiii. Knights and princi- pal freeholders, and to caufe them, in the pre- fence of the Officers of the foreft, to walk or perambulat fb much ground as they fliall think to be fitt and convenient for the breeding, feeding, and fuccouring of the King's Deer, and to putt the fame in writing, and to certifie the fame under the feales of the fame Com- miffioners and Jurors into the Chancery ; af- ter the fiill execution of which write, a writ of proclamation is to be fent into that fliire to the Sheriff thereof, commanding him to pro- claim the fame to be Foreft : upon the making of which proclamation, the fame ground be- cometh prefently Foreft, altho' it be the land of any fubjed: or of the King. And as there are prefcribed circumftances to the making of a Foreft, fo there are fett down diverfe laws and ordinances by the Statutes of Charta de Forefla^ and oi Articuli de Forejla and other or- dinances, for the prefervation thereof, which, in truth, may be more rightly accounted qua- lifications of the rigorous laws of William the Conqueror, qui ' pro feris homines mutilavit, ex- I. Matt. Weft. p. 9, B b 2 here- is><^ For eft a. heredavitj incarceravit^ trucidavit^ ^ fi quis cer' vum vel aprum caperet^ oculis privabatur. More- over, notwithftanding K. Henry the third by the great Charter of Forefts Chap. 3 . had grant- ed that all woods, which were made Foreftby King Richard his uncle, or by K. John his fa- ther untill his coronation, fhould be forthwith dilfafbrefted, unlcfs it were the King's demean woodi yet the fame Charter took no great efFed:, but the officers of the Foreil not only continually greivcd the fubjedis by claiming libertie of fbreft in their lands, but alfb King Edward the firft in an. 7. of his reign, caufed feveral perambulations to be made throughout all England, by which he made Forefts as much or more of the fubjedts lands than his own de- meanes of the f brcil amounted unto ; but the fLibjed:s, finding themfelves greatly opprefTed thereby, did make earneft fuit to the King for rcdrefs ; who, firft, by diverfe ads confirmed the great Charter, and afterwards in anno 28. caufed a new perambulation to be made by Commiflioners through all England, by which the greateft part of the fubjeds lands taken in before, were then clearly left out and freed, and afterwards in confideration of a fifteenth granted unto him by the fubjeds of the fame King in anno xxix. confirmed the faid laft per- ambulation by adl oF Parliamcnt,which laft per- ambulations and none elfe, do ftand good nt this Fore ft a. ^9? this prefent, as it was ruled in a cafe before the Judges in the King's bench in Hillarie term, An. XXXIII. Eli:{. 7^ upon the traverfe of an In- didment between the fervants of Edward Earle of Hertford and the Queen's Majeftie, in behalf of Henry Earle of Pembroke, concerning the bounds of the Foreft of Groveley in the County of Wilts ; and as concerning fiich ground as being taken in by the firft perambulation, were afterwards left out by the laft, the fame be at this day called purle^ not o^ pur luy^ id eft, for himfelf, nor oipur la ley^ id eft, for the law ( as men commonly think ) nor of pur le pur- r'ailj i. e. for the poor commoners (as the read- ers do fuppofe ) but of the word pur ailer, or per aller^ which is the French word to walk or perambulat, in refpe<5t they were firft peram- bulated and walked, and fo retain the name of terres pur aller^ or perambulated and walked ground, and yet no foreft. Of [ 198 ] Of the j^ntiquity of the office of the Chance lor of England ^ ByM'. Ley. Etymology. HE name Chancellour is by fome faid to be derived a cancellandoy becaufe he may can cell or fruftrate fiich things as are brought to the great feal, and cancel and make vacat 'of fuch records as are furrendred or acknowledged to be fa- tisfyed ; to which opinion I do not affent , be- caufe all names of offices are derived of the moft ancient, ordinary, and frequent funcftions thereof; but the Chancellour hath longer ufed rather to make, expedite, and feal writts and patents, and to receive and prefcrve records, than of the cyinttqutty of the (^c. 199 than to ftay or to deface them. Others think, that the power judicial whereby he mitigateth the rigour of the common law, and, as it were, includeth the extremities thereof within the limits of a good confcience, hath given that appellation ; from which opinion I muft dif- fer, fince the name of Chancellour is much more ancient than that power ; for, that caufes were ufually determined in the higher houfe of Parliament by Committees for that purpofe, as appeareth by the infinite number of peti- tiones in Parliament, filed in bundels and re- maining in the Parhament, and by a book, which I have feen, containing the fame, as alfb by the fcarcity of decrees and bills in Chan- cery in former ages, and none to be found be- fore the XX. year of H. 6. I rather conjed:ure, that other Courts being publick for the accefs of all men, and being quaji inforo for hearing and ending of civil and criminal caufes, the Chancery was a more private and lequeftred place, and enclofed from the prefs of people where the Chancellour might fit and obferve the fealing of writs j and as the Clergy ( as Matthew Weftminfter writeth ) were by Pope Felix feparated from the people who fat be- fore intermixt, and placed in a place peculiar called the Chancel ^ fb it is likely, that the Chancel had his precindt, of which by deriva- tion he is called CanceHarius, which if it had been 200 Of the yintlquity of the ^r. been deduced of the fundtion, would rather have been CanceUator than Cancellarius. Antiquity. The firft Chancellour that I find was Dunfla- nujy who is faid to be Cancellarius I{egius^ who lived in the Saxons time, both in and before the time of K. Edgar. Authority. The Chancellour hath two powers, the one minifterial, the other judicial : the miniflerial, as the making of original writs, commiffions, and fixing the feal, and fuch like. The judicial power is of two forts ; the firft is potejlas ordi- nata^ which is the holding of Pleas infcire fa- cias ^ writs of privilege, execution of ftatutes, and fiich like, in which the order of the com- mon law is obfervedi the fecond, inordinata^ by which he heareth and determine th accord- ing to a certain law, whofe matter is tlie law of nature, and whofe form is the law of God. Of C 201 ] W^^^pk ?^^^^:-^;3- , iWil"^.,., ^jjttS^^jh-'^f ",, feWfi^; 0/ Epitaphs, By Mf. James Ley. N examining of thisqueftion concerning Epitaphs, there are many circumftances to be perufed, of which if we behold the eftate of the per- fbn it fheweth unto us, that learning and civihty had their beginning in the lefTer number of the better fort of people, by whofe example and inftrucStion it received an increafe in the pur- fuant age, and in the latter times became more plentifull ; and it is likely that Epitaphs, whofe forms taft of knowledge, and whofe matter confifteth of experience, were firft appropri- ated unto Kings, Commanders, Captains and Officers of State, for rare vertues or vidtories, to which not many could attain j and in pro- cefs of time the ufe of fuch remembrances be- .came communicated to all noble perfons, who C c ariumed 202 Of Epitaphs. afliimed the fame in right of their caUing, and not of their defert; and,Iaftly, all men endea- voring to imitate the beft, have by cuftome made that which was peculiar to fbme, com- mon unto all. Secondly, refpeiSting the diver- iitys of nations, ignorance in the time of the Britains hath yeelded no fuch memorials, and that, which the witt of the Romans hath yeeld- ed, time hath for the moft part obhterated. Neither had the Saxons or Danes any fuch fet- tled nobility, as that they could apply them- lelves to private tokens, being allwife in dan- ger of foreign and domeftical depopulations, unles I may be licenfed to call that an Epitaph, which was found notifying the place of the bu- rial of Kenelm called the Martyr ' : %n cleiic feau batje i^enelin fe^nefiearne litj tjntiei: tfiorne JieaueX) bpreaueiJ. Thirdly, the language : the Britifh language is fcarce known to Epitaphs ; the Latin moll familiar unto them ; the Saxon and Danifh un- frequented in them; the French not unac- quainted; theEnglifh converfant with them. Fourthly, the matter which is ftone, timber, brafs, lead. Fiftly, the place, one fort fiibter- raneal, which was either by the Romans ac- cording to their cuftome fub tumults^ or elfe in the beginnmg of Chriftianity by the martyres for fear of profanation ^ Jub cumults , another I. Matt. Weft. 198. 30. z. Matt. Weft. 199. 10. is Of Epitaphs. *05 is fuperterraneal, as now the moft part are. Sixthly the time, commonly after the death of the party, fbmetime in his life time, and rarely in his life time with mention that he is living; as that of Robert Hungerfbrd in the Church of Hungerfbrd in Berkfhire : "^x pour montpre ^o^bert tz ^ungerforJj tant comme el foit en bie preora. (Ft pour fort ante, aprejs fa mort, cinfe centf cinquant^ ;our^ i)e parbonn abera Seventhly the form, fbme are declaratory, as hie jacet (3c, others dedicatory, as colendijjimo ^c. others petitory, as orate pro 6c. Eightly, the contents material, vi^. the name and addition, the day and year of the death; accidental, the dwelling place, his children, his vertues and commendation. CC2 Of [ 204 3 Cf Motts, By )sV. Ley. H ETHER they are called motts of the French,becaufe they are fliort and compen- dious, and as it were ex- prefTcd in one wordj or elfe of the Saxon Gemot, be- caufe the fentence doth meet or concur with the nature or quahty of fome thing depidted ; or elfe becaufe they are motives of a thing, in part exprefTed by word, and in part left unto conceit, 1 will not difJ3ute ; but tho neither of thefe is the original caufe or reafon, yet the fame is accompanied with them all. The antiquity of them is equal with warrs and witt ; wars to miniftcr matter, and witt to frame it into form ; in which there are diverfe properties commendable. Firfl, in a word to contain a world. Secondly,when there- by a dumb beaft,or bird,or dead creature doth, as it were, fpcak, and bewray his own primary quality. Thirdly, when the fimple cannot un- derfland it, and yet the wife cannot but under- ftand It. The C 20^ ] TheEtjmologie andOriginal of Barons y By M'. Camden. Tranfcribed from his Adverjar'ta in the pof- leffion of the Lord Hatton. T. S. Barones, HAVE elfe where faid fomewhat of Barones^ there- fore if now I be fhorter, it may be more pardonable. Diverfe opinions have been hatched by diverfe witts, as concerning the Etymologie. Some deduce Barones from the French Par- hommes^ as men of equal authoritie ; others h belli robore ; the German Civilians from Banner- heir^ as Lords bearing banners ; Alciatus in his parergis juris from Berones^ an antient people of Spain, which were mercenary fouldiers in that time, as the Germans are now. And Ili- dore, as probably as the other, deriveth them I from 205 The Etymolo^ie and from the Greek word Bft^W, becaufe they were valorous and of a ftay'd gravity. Whatfbever the Etymologie is, it feemeth to be one of thofe words, which time ( that hath abfblute authority in words ) hath molli- fied in fignification. For in TuUy it feemeth to fignifie a man of fimple and flender con- ceit, as alfb in Perfius, whofe old Schohaft writeth, Lingua Gallorum Barones vel Varonts di- u$Uur fervi mtlkumy qui utique flultijfimi Junty fervi videlicet fiultorum. But in the fourth book de Bello Civiky they which were of Caflius his Guard, are plainly termed Barones ; and Alcia- tus cannot be induced to think, that they were any other, than extraordinary fouldiers. Never- thelefle the old GlofTarie tranflateth Baro by dvrjp a man, and in Lawes of Lombardes, Ala- manes, and Ripuarii, Baro and Boro are ufed for a man. When this name of Barones came firft into this Ifle, I dare not determine. In the Saxon Lawes I do not remember it. And Alfric the Saxon Grammarian, and Arch-bifliop of Can- terbuiy, doth not fpecifie it, where he reciteth the names of dignitic in that tongue: but in- ftead thereof hath Lhafopb for Dominus. The Danes then ufed and do ftil retain Tljane^ (as Andr. Velleius teftificth;) yet I have read in a fragment of K.Cn. Lawes : CoUtcipium^ quod efi fumma cenfus diverfa diver/arum atafumy Original of Barons. 207 fimimris Vironis^ i. Baronisy %. librae fi majoriSj quatuor. Neither have I any pregnant proofe, that the name was in any great ufe at the entry of the Normans; for fuch as were after-wai'd called Barones^ were then named Thani^ and Falvafores ; which latter name the Normans in my opinion borrowed from the form of Go- vernment, which Otho the Emperour not long before inftituted in Italie. For, as Sigonius teftifieth, after Duces^ Marchionesy and Comitesy he placeth^^/i'^rf/, and the Civilians, which write de FeudtSy affirme, Falvafores majores to be Barones. In the fucceeding age after the Conqueft, the name was moft common, but of no great honour; for the Citizens of London, the inhabitants of the Cinque Ports, were ftiled Barones ; and I have beared, that fome Earles have written .... Omnibus Baronibus & homi- nibus meis^ tarn Francisy quam Anglis, Wliere- upon I remember, that I have read in the old Conftitution of France, that 10. Barons were under every Comes y and 10. Capttanei under every Baron. Shortly after it grew higher, and feemed to be a ftate with jurifdidtion in his own territories, as may appear by Court Barones ; and the very multitude of Barones doth partly perfuade me, that they were but fuch free Lords within themfelves, as the Ger- mans call Freehereny efpecially liich, as held caftels : 20 8 Tloe Etymologie and ^c, caftels : for then they were anfwerable to the definition of Baldus ' the Lawyer, which de- fineth him a Baron, which hath merum miftum' que impertum in aliquo caflro concejjione Principis, But fincc K.Edward i. and other K.K. feledled fbmeoutof the great number, and fummoned them to Parhaments, they only with other, whom the Kings advanced to the ftate of a Baronie by creation, were properly accounted Barons, and they have been honoured with fundry privileges, wherewith if I fhould inter- meddle, (being ignorant of the Lawes) I might feem a very Baro in the moft antient figni- fication. I. Bald, innotuit de Elcft. Mr. [ 209 ] Mr, Tate's lne/iions alout the ancient Britons. ^S^^J Y what names were they called by the Britons, which the Latins call2)m- d(S and Druides } Whether the Druydes and Flamines were all one, and the difference be- tween them, how Flamines were called in Bri- tifh, and their Antiquity and Habits } 3. What Degrees were given to their Pro- fefTors of Lerninge, where and by whom, and their Habits or Apparel ? 4. Whether the Barth had anie office in warre anfweringe our Herolds, their garments and enfeignes, and whether they ufed the Ca-^ duceum^ many fetching the original thereof from the Brittons charminge of Serpents? y. What Judges and Lawyers had the Bri- tons that followed the King, and what ai'e Trianhepco^Brenhin and their ufe? Dd d.What The Cot- tonianLi- biaiy. Vi- tellius E. 5.pag.56. 210 Mr. Tates Hueftiom about 6. What Judges and Lawyers were there refident in the Country, their number, what Judges were there per dignitatem terne^and wliat was their duty, and how were they aflembled to do the fame ? 7. It appeareth there were alwayes many Kings and Princes in this Realme before the cominge in of the Saxons, were their Cuntries divided into Talaithsy as all betweene Severne and the Sea was after their comin2;e > 8. Was their any divifion into (hires before the Saxons cominge, and what difference be- twixt a Jljtre and SrvyS ? There were auncient- ly with yow Maenors, Commods, Cantrebhs, anfwerable whereto areourMannors,Tythings, Hundreds, and that maketh me to enchne that Swydh fhould be hke our Shire, as Swy'^ Caer Bhyr^in. Srvy'^ Amrvythig. Swy"^ Caer awran- gon^ and the generall officers of them were called Swy'^ogtoTij under whom were maer Gny- bellarve JR^nghil^ Ophirtat and Bravpdur tyngr Srvy^, except all bere the name ofSrvi^ogion. I finde in an auncient Bookof LandafFGluiguis or Glivifiis King of Demetia, which of this King is called Glcaguiflig, of whom it is faid, feptem pagos rexit^ whereof Glamorgan, now a fhire, was one, and pagus is ufed for a (hire. 9. Whether the Brittons had noble men beringe the name of Duces^ Comites^ Barones^ and what they were called in Britifli > In the book The ancient Britons. 211 book of LandafF I find it thus written, Gunde- ^ ieitis rex totam regionem fuam Cadoco filio Juo com' mendavity privilegiumque concejjit quatenus a fonte Fennun heri donee ad ingrejjum fluminis Nadavan pervemtur, omnes regej (^ Comites^ optimates^ tri- buni atque domefttci in coenobiifut ccemiterie de Lan- earvan fepeltantur. And Kinge Ed. i, enquir- inge of the Lawes of the Brittons, demaundeth how the Weldi barons did adminifter Juftice, and io diftinguifhed them Lords Marchers. 10. What is the fignification of the word Jj^ach ? A Statute of Kinge H. fixth faith, fbme offered to excufe themfelves by an AfFach after the cuftom of Wales, that is to fay, by an oth of 300. men. 1 1 . What officer is he that in the Lawes of Hoel Da, is called Difiein^ and the fignification of the worde? 12. What do yow think of this place of P. Ramus in his booke de moribus veterum Gallo- rum, H or Acres, thefe ^r???/ being fertile a- rable land, and nether Meddow nor Pafture nor Woods, for ther was nothinge mefured but fertile arabl ground, and all others was termed wafts. Every Ma^wo/ contayneth foure of thefe Townfliippes, and every I(wmwt contayn- eth 5-0. of thefe Townfhippes, and every Cantred 200. of thefe Townfliippes, whereof it hath his name, and all the Countreis and Lords domi- nions were divided by Cantrifi^ or Cantre^ and to every of thefe Cantreds^ Comots ^Maenor s^ Towne s^ Gafels^ were given fome proper Names : And Gwlad or Cuntrey was the Dominion of one Lord or Prince, whether the Gwlad were one CantredyOr 2, or 3, or 4, or more; fo that when I fay he is gone from Grvlad to Grvlady that is, from Countrey to Countrey, it is ment that he is gone from one Lord or Prince dominion to another Prince dominion : as for example, Ff when 226 ^r. Jones his anfweares when a man conimitteth an offenfe in Gwynedd or North Wales, which contayneth 20. Can- tredsy and fleeth or goeth to Pomysy which is the name of another Countrey and Prince do- minion, which containeth ao. othQr Cantreds^ he is gone from one Countrey or Dominion to another, and the Law cannot be executed upon him, for he is gone out of the Coun- trey. Teginges is a Countrey, and contayneth but one Cantredy and Dyfrvn Clrvyd was a Countrey, and did containe but one Cantredy and when any did goe out of Tegenges to Dyfrvn t^lwydy for to flee from the Law, he went out from one Countrey to another, and fb every Prince or Lord's Dominion was Grvlad or Countrey to that Lord or Prince. So that Grvlad is Pagus in my judgement. Sometimes a I(anered doth contain 2. Comoty fome times 3, or 4, or 5-. as the Cantrefe of Glamorgan or Morganrvy con- tayneth f . Comots : and after that the Normans had wonne fome parts of the Countrey, as one Lords dominion they conftituted in that fame place a Senefcall or a Stiward, and that was called in the Brittiihe tounge Svpyddogy that is, an officer, and the Lordlhippe that lie was Steward of was called Srvydd or office, and of thefe Svpyddev were made (hires, and Srvydd is an office be it greate or fmall, and Svoyddog is an officer : Hkewilc of all ftates, as a Slicriffe is To Mr, Tates que/1 ions, ^27 is a Srvyddog^ and his fherielFfliippe or office, and the Shire whereof he is SheriefF is called Swyddy fb that Stpydd doth contain as well the Shire as the office of a SheriefF, as Strydd Annoythig is the Shire or Office of the Stiward, Senefcall, or Shirieffof Salop, 6c. 9. As for the ninth queftion: the greateft and hiffheft Degree was Bremn or ,. ^ ,-_ '^^ . *^^. , I. Brenhm Teyrn. ieyen^ that is, a Kinge, and next to him was a Twylog, that is, a Duke, "- '^'^yH- and next to him was a Jarllj that is, 3. Jaril. an Earle, and next to him was an 4. Arglwydd. Arglwydd^ that is, a Lord, and next to him was a Barwrty and that I read Ded. d.Saxon leaft of, and next to that is the Breir S'T^^t n- ^ ' Robur belli Brawrn. or VchelwT^ which may be called a 6. Bieii ucheiwr. Squire J next to this is zGwreange, 7. Cwreanoe. that is, a Yeoman ; and next to that is an Alltud^ and next to that a K^eth^ s.Aiitud. which is a Slave, and that is the meanell a- ^' ^^^^^' mongft thefe nine feveral Degrees, and thefe 9. Degrees had 3.feverall tenures of Lands, as Maerdir^ ^Vchelordir^ Priodordir. There be alfoe other names and degrees, which be gotten by- birth, by office and by dignitie, but they all are contayned under the nine aforefaid Degrees. 10. As for the tenth Queftion,! doe not find, AJTach. nor have not read nether to my knowledge in any Cronicle, Law, Hiftory or Poetry and Di- F f 2 xionarye, 22 8 Mr, Jones his an [we ares xionarye, any fuch word, but I find in the Laws and Cronicles, and in many other places this word J{haith to be ufed for the Oath of 100. men, or 200. men, or 300. or fuch hke number,fbr to excufe fbme heynous fad:,and the more heinous was the fad: the more men muft be had in the J{haith to excufe it, and one muft be a chiefe man to excufe it amongft them, and that is called Penrhaitb^ as it were the for- man of the jury, and he muft be the beft, wifeft and difcreeteft of" all the others, and to my re- membrance the J^eithwyr^ that is, the men of the I^aithy muft be of thofe that are next of kynne, and beft knowne to the fiippofed ofFen- dors to excufe him for the fad:. 11. As for the n^b-Queftion, I fay, that I find a Stiward and a Controuler to be ufed for a dijlain in my Didionary. I cannot find any greater definition given it any where, then is given it in my booke of Lawes. Vide difiaine in the table of my booke of Lawes. 12. To the 12*^. Queftion, I fay that the Brittons had many Councells, and had their Councellers fcattered in all the Lordfhips of the Land, and when any Controverfie or oc- cafion of Councell happened in Srvyfiedd, the King called his Councellors that had there a- bodc there for to councell for matters depend- inge there, together with thofe that were there of his Court or Guard j for the Kingc had To Mr Tates que ft tons, had his chiefe judge, and certaine of hisCoun- cell alwayes in his company, and when the Kinge had any occafion of Councell for mat- ters dependinge in Demetia^ or Powys^ or Corn- Toally he called thofe of his Councell that dwell- ed in thofe Coafts for to councell with them, and they went to a certaine private houfe or tower one a topp of a hill, or fbme fblitarye Place of Councell farr diftant from any dwell- ing, and there take there advife unknowne to any man but to the Councellors themfelves, and if any great alteration or need of Councell were that did pertaine to all the Land, then the Kinge affifked unto him all his Councellors to fome convenient place, for to take there advife, and that happened but very feldome. 229 ADtf' C 230 3 uiDifcourfeofthe T)utye and Office of an Heraulde of ArmeSy written hy Frauncis thynne Lancafier Heraulde the third day e of Mar che anno 1605-. My very good Lord, /HAT cruell Tyrante the un- mercyfuU Gowte, which tri- iimpheth over all thofe that arc fubjed: to him of what eftate fbever, takinge on him, in that parte to bee a God, becaufe hee refpecSteth noe perfbn, hath fo paynefiiUy imprifoned me in my bedd, mannacled my hands, fettered my feete to the fheetes, that I came not out there- of fince I fawe your Lordfhip on Chriftmas Eve. But having by meere force at length fhaken off the mannacles from my hands, ( al- though I am ftill tyed by the 1 cete) 1 have now at The dutye and office of an ^c. 23 ^ at the laft (which I ptay God may bee thelaft troubling my hand with the Gowte) attempted the performance of my promife to your Lord- fliipp, and doe heere fend you a Chaos and con- fufed Raplbdye of notes, which your Lord- fhipp, as an expert Alchimifte, muft fublyme and redlifye. But though it be playne Bigurur or a Coate of divers Coullours, I doubt not but this varyetye of matter fhailin fbme forte bee pleafinge to your Judgment, as varietye of collours are plealing to the Eye. But of this fatis fuperque^ praying you to pardon my pre- fumptious FoUyes (yf they beefoUyes) which heere enfue. In the height of the Roman Goverment, and The de- Pryde of their glorye, the Senator which hadn^to^r le- confumedhis pofleffions, (whereby he was to'^^^^'^- maintayne the ftate layed upon him ) was re- moved from the Senate, whereof Roiinus de jintiquhatibus J^ma lib, 7. cap, f . out of Cicero his Epiftle ad ^Falerium thus writeth : Lauda^ tur autem cenfus in Senators nefplendor amplijflmi Crdinis l^i familiaris angufiiis obJcuretur.Ceterum autem angujium Cenfum Senator turn Seflertium 800. tniUta futjfdy eumque ab jiuguflo ampliatum docent Suetonius ^ Bio : neque Jolum fiquis Senatorium Cenfum non haberet^ Senator legi mnpoteratyfedfi poflquam eleUus effety Cenfum labefaBaffet^ ordinem amittebat. For 2 3 2 The dtitye and office of an Baftardes Por the Baftai'dcs bearing of Armes, there is Ames? no qucftion, but of what kinde foever they bee they cannot by the Lawe of England beareany Armes. For noe man can inheritt things an- nexed to the blood, but fuch as are interefled in the blood,which Baftardes are not. For they are not any mans children, but filn populi^ (3 concepti ex prohibito coitu. Yet Cuftome follow- inge the example of Nations, doth by curtefye of the Lawe of Armes cafte upon them fome preheminence to be adorned with the Enfignes of his reputed Father, yf hee carrye his Fathers name : if not, but that hee bee invefted with his Mothers name, ( though the world take notice of his reputed Father ) yet fliall hee have nothing to doe with his Armes, unlefle he af. fumeth the name of his Father, and then fliall he beare the Armes with a Baftard difference, according to his difference of Baftardy, where- of there are xii. kindes, as foUoweth : 1 . Hee that is borne of unmarryed partyes,that never after mariyed. 2. Hee that is borne of a marryed Father, and a Woman unmarryed. 3 . Of a Father maryed, but having no law- fiill children. 4. Of a marryed Father, but hath children. 5-.* Of an unmarryed Father, and a Widdowe. 6. Oi an unmarryed Father , and a maryed Woman. 7. Of Heraulde of Armes, ^ 3 3 7. Of a Religious man, and an unmarry^ed Wo- man. 8 . Of a Religious man, and a marryed Woman. 9. Of an unmarryed Father and his Kinfwo- man, betweene whome marryadge is for- bidden by the Lawe. 10. Of a marryed Father and his Kinfwoman in any degree of confanguinity. 1 1 . Hee that is begotten of a known Woman, and an unknown Father. 1 1 . Hee that is borne of unmarryed perfbns, which after marrye, being Baftardes in our Lawe, though not in the Civill. All which in bearinge of Armes,muft obferve the ire peculyar differences well knowne (or at the leaft, that ought to bee well knowne ) to the Heraulds, although I fuppofe fewe or none of us knowe it. For thefe are Arcana Imperii Heraldorum^ and muft be kept as iecrett as the Ceremonyes of the Eleufme Goddeffe, or Cabala of the Jewes, the divulging of which and fiich like matters, with the printed Bookes of Armes, and Armor^'e, (which fliould bee locked within the walles of the Herauldes Office, and not pu- Wiflied to the cenfure of each man) maketh every man as cunninge as themfelves, and bringeth the Herauldes place into fmall Creditt. For I finde ( I will only give inftaunce of my felfe) that I am of Icffe elleeme, fmce I came into that Office, then I was before. For I feele G g the ^34 The duiye and office of an the Office hath fbmewhat difgraced me, in foe much, that now by the lewd demeanor of fbme, the name of Herauld is become odious, and will fall to the Grounde yf your Lordfhip, whofe honourable mynde and paynfuU endea- vour doe tye all the Herauldes to acknowledge them your new framed,or at lead revived Crea- tures, doe not put to your helpinge hande, and continue the Creditt of the Office, and of fiich Officers as fliall deferve well. The aiye- Armcs Cannot be alyenated, as long as any natinge of the Familye is livinge ; that is, foe longe as ^^^^' any of the Male Lyne hath beinge. Epr the Males are only of the Lyne and Familye of agnation, and not the Females being called /o- rores^ quafi feorfum natte^ and as it were borne out of the right waye, or Lynes, fb that the ftirps agnationis^ which is the Male, is different from flirps cognationu^ which is the Lyne Fe- minyne, as I have hitherto conceived it. And therefore fo longe as any of the Male Lyne is livinge (for they have all Intereft in the Amies, as they have in the blood ) none can fell the Armes of his Familye. For, as CafTanseus faith in his TracState of Armes, efi quoddam jus por- tare Arma JpeRans unkuique de agnatione & fami' iia, quodnon videtur tranjire extra illam^ quum jint jirma inventa ad cognojcendas agnationef,familias, (3 domus nobilium^ Junt nomina ad cognofcendos ho^ mines. And Bartolus addeth, Jicut per tefiamen- tum^ Heraulde of ^rmes, * 3 5* tum^ Ji effet aliquid reliElum (familia) indifiin^e non mminando perfonas familia^ illud tranjirct ad eos defamilta gradatiniy ita quod non pojjit per illud alienari : jic Arma alicui famili(Z data non nomi' nando Perjonas familia difitnUe^ ad eos tamen da familia tranfeant^ ita quod nonpojjit alienari: who further writeth, luodflante aliqua de agnatione^ familia^ vel domo^ habentes aliqua Arma^ h tem- pore cujus initii memoria non extat in contrarium^ quod talta Arma non poffunt vendi^ aut alienari^ quocunque titulo in prejudicium illorum de familia^ domo aut agnatione. According to which, it feemeth the Lawe of Armes was in England in tymes paft ; for that he which had but only daughters, or one daugh- ter to fucceede him, might have lycence of the King, to alien his name or armes to any other for the prefervation of the memory of them both, as appeared in the cafe of the Lord Deincourt in the tyme of Edward the fecond, whereof the Recorde is thus in the Patent Rolls 10. E. 2. part 2. mem. 13. J{ex (c. Salutem, Sciatii quod quum pro eo quod dileBus ^c. fidelii nojler Edmundus Deincourt advertebat ^ conjeHura- baty quod Cognomen fuum^ & ejus arma pofi mortem fuam in perfona JfabelUj filtce Edmundi Deincourt heredis ejus apparentls^ a memoria delerentur^ ac corditer ajfeElavit^ quod Cognomen^ (3 Arma Jua^ pofl mortem ejus in memoria in poflerum haberen- tur^ ad requijitionem pnedtBi Edmundi^ & ob grata^ Gg 2 e? ^ 3 <^ The dutye and office of an t3 laudahtlia jervitta^ qux bonce memoriee Domino Edwardo^ quondam J^gi Jn^ix-^ patri noflro, (^ nobis impendit^ per Itteras noftras Patentes coricejji- tnusy (3 licentiam dederimm^ pro nobis & heredtbus nojirisy eidem Edmundo^ quod ipfe de omnibus ma- neriis ^c. quee de nobis tenet in capite feoffare pojjit quemcunque velit (3c, Out of the Preamble of which deed, wee gather (as before is fayd) that, becaufe he had a daughter which could not preferve his memory, that he might alyen his name and Armes according to the Lawe, becaufe none de fiirpe agnationii "was hving to forbidde the fame. But withall it is gathered, that he could not alien the fame without ly- cence of the Prince, (who might difpencewith the Lawe ) ' But becaufe the Lawe and cu- ftome had permitted that Women fhould inhe- rit with us, both Landes, Honnor, Name and Armes, and quod confuetudo dat^ homo tollere non potefl. On this poynt there be divers opini- How the daughter, ^ ^ i ^ ^u ^ u hdre to her mother, ons rcpugnaunt cach to Other ; v/here- thefirftwife^mayufe of one is,that ofthc Revcrcnd Hcrauld her Fathers Armes . r i a-i c r when her Father had of our Age Robert Glovcr Somcrlett, cond Wif^^ '^' ^" who in his booke, de dtfferentiis Ar- morum^ faith, that fliee during her owne life fhall bcarc her Fathers Coate quar- tered with her Mothers. His wordes be theis : In hoc cafu quo quis Viri nobilis filiam ^ heredem I. Sic. Sed hut for/an dekri debet. uxorem Heraulde of Armes . 237 uxor em duxerit^ (3 ex ea unicam fufceperit filianty Materni cenfus^ ^ hereditatis heredem futuram j ^ per aliam uxor em genuerit filium paterncc heredi' talis heredeniy di^a filia heredu prcediUce durante vita fuay tanquam filia legitima (3 natural^ utri- ufque parentis^ eorurn portabit Arma quateriatim feu quadrifarie incorporata^ fed liberis ab eo proge- nitis permittitur tantummodo delatio Armorum he- reditarie illis ab eorum Avia defcendentibus : fed in contrarium Jape vidimus ab imperil^ ^ nulla ratione fropterea faBa fulcire valenttbus. But faving Corred:ion, I cannot as yet be induced to permitt the daughter duringe her life to beare her Father and Mothers Armes quartered ^ becaufe quarteringe denoteth a fet- led inheritance of the Armes of both theie howfes in that perfon, that beareth them foe quartered ; which cannot be in her, becaufe the Brother mull carry the Armes of the Fa- ther firom her. Befides, fliee in that doth wrong to the -heire Male, in the Fathers Armes, be- caufe it whohe belongeth to him. Wherefore, for my parte, I rather inclyne to the opinion of other j and amongll others to Gerarde Leigh, whoe in his Accidence ofArmorye doth write, that if fliee will needes carrye her Fa- thers Coate (tofliewe from whence fliee is de- fcended) Ihee muil carrye them in the chcife of her Armes, as he there fetteth downe the Example. But howfocvcr, fliee may beare tlie Coate 23 8 The dutye and office of an Coate of her Father duringe her life, either quartered, with her owne, as Somerfett hath faydi or in cheife of her owne, as Leigh hath ; or in Canton, as others hould ( and that not improbablye :) yet they all agree, that her yt- fue can no way have to doe with the Armes of the Grandfather, but only with the Armes of the Grandmother : and therefore the Lord MarquefTe cannot by any opinion beare the Armes of! Howard in any whatfoever order, notwithftanding his Mother fliould beare them in any of theife three formes. Berauides. Thcfe men being called by dyvers names were men of greate efteeme in former ages , being fomctyme named, but by fbme part of their function. But now in this worde Heraulde ( which fignifyeth the ould Lord or M'. and is called in Latyne, veteranus^ of his yeares and experience ) are contayned all the other names, and flmdlions, which doe expreffe lome part of his office. For he is called Facialis^ a feeder e faciendo^ in denouncing warrcs or making peaces . ^ Hee is called Nuncius Kezis, becaufe The feverall names ^ *^ , . , . ofHeraulds, accord- ot One parte of hlS OtllCe, which IS to 'pILrofrhirftnl ge on the Kings melFage. So that aions, contayned in he which in the Saxons tyme went on one name Heraulde. ^^^ ^. ^^,^ meilage, was the fame that our now Herauld is, and held the fame place of a great perfbn. He is called Caduceator of one parte of his office, which is to deale in matters Heraulde of j4rmes, 239 matters of Peace, and therefore hath hisrWa- ceus or white Bafion^ (omytted now, as many other things are in his Creation.) The diffe- rence of which /'rtraa/ar and Caduceator^ is fett downe by Francifcus Philelphus in his Epiftles in this forte : Visjcire quid interfit inter Feeciales ^ Caduceatores ; Faciaks eos fuijfe apud prifcos^ qui certb Juris folemnitate Bellum hoftibus indice- banty (3 Caduceatores ep pacts Legates di^os a Co- duceo quern mams geftabat ; which CaduceuSy A- poUo gave to Mercurye the Heraulde of the Gods to beare, when he went on their meflage. This Herauld is alfo called Prisco ; becaufe he is to denounce his Lords Proclamation and MefTages, the Prayfes of valiant Men, in Peace ; and therefore, in Blazon of the Armes of any, he muft blaze them to the honnor and prayfe of the bearer, fince Heraldus^ as one writeth, eft Praco virtutum^ non vi^oriarum hominum. And yet I finde the name Heraldus in Latyne not auncienter, then iEneas Sylvius, and noe aun- cyenter mentioned amongft us, then the Sta- tute of E. I . where mention is made, de ^oy des hera^. But I fuppofe I fhall finde the officer, though not the name, in the tyme of Henry the 3**. yfl miftake it not. What their place, credit, and worth have beene in former Ages, ( when honour was re- fpe6ted more then now) is declared in the ho- norable Ceremony es at their Creation. For the fame 240 The dutye and office of an fame ought to bee by the Prince only, (or by Commiffion efpeciall from him, for that pur- pofe ;) for fo had the laft Duke of NorfF. al- wayes a warrant from Queene EHzabeth, and upon fbme Feftivall Dayes ; the order whereof Gerard Leighe fetteth downe then in this Ibrte. The Prince then asketh the Heraulde HeuuiT^^" ^ whether he bee a Gentleman of blood, ^" t^V^T"'"^" or of a fecond Coate Armour. Yf hee inuft beeuentlemen. . i i i be not, the Kmg endueth him with 2:t "Arl'rgi":' Landes or Fees, and afligneth to him them yf they have and to his hcircs congrucnt Amies. Then like as the MefTenger is brought in by the Heraulde of his Province, fo is the Purfevaunte brought by the eldeft Heraulde, who, at the Commandement of the Prince, doth all the folempnities, as to returne the Coate of Amies, fetting the Maunches thereof on the Amies of the faid Purfevante, and putt- TheCnpp ing aboutc his necke a CoUer of SSSS. the one ie'rofsss. S. being Argent^ the other Sahle^ and when he !"' ^'\^, is named, the Prince himfelf taketh the Cupp Hcrauld. . . from the Heraulde, which Cupp is all gylt, and powreth the water and wyne upon the heade of the fayd Purfevaunt, creatinge him by the name of our Herauld : And the King when the oath is miniftred, giveth the fame Cupp to the new Herauld, of whole Creation fpeakethalfo Upton. For the Kings of Herauldes the CoUers ought to bee one S. of Gold and one other of Silver, Heraulde of Armes. ^4 Silver, and foe fliall your Lordfliip finde in all their Monuments where they are buryed, that their PicStures are adorned with fuch CoUers, as appeareth alfoe in the funeral obfequies of William Aukllowe Clarencieulx, whereof I finde this remembred in wryting at that tyme fett downe. " Memorandum Anno Domini 14.76. the vii*^. Ireland " of Maye were the Funeralls of William Auk- ^'^"l^^^*^ " Howe, otherwife called Clarencieulx King at "Armes, whome was Right worfhippfuU after " his degree j His Crowne offered by Ireland " King at Armes ; His owne Coate by Windefor He'^lu'id. "Heraulde; His CoUor by Fawlcon Herauld, windfot "the King's Coate remayning alwayes upon^^^^"'^ " the Herfe : And when MafTe was done, his "wyfe ordayned a right wor". dynner, where " were all the officers of Armes, with their "wives, that would come, and divers Cit- " tizens." For the Cupp there needes no further proofe, than the Recordes of the Kings howfe, where I have feene it fett downe, although I now re- member not in what place, that the Herauld had his Cupp given unto him. In fiich eftimation were the Herauldes inPurfe- tymes paft, in the Raigne of Hen. 5-. and Hen. ^^"^f^ ^ 6. that Purfevaunts might be created Knightes, weremade , t- /r } L ^ Knights. and therefore Upton ae mtlttart ojjicto lib. i , cap. ii. writeth i Et efi fiiendumy quod nuncii profe- H h futures 24* The dutye and office of an cutores pojjunt ejje Milites, (3 militartbus gaudere injigjiiis^ ^ deauratu uti Velvet, ^ aliis pannis au- reus indui; non tamen funt nobiles^ ^ tales vocan- tur Milites Linguares^ quia eorum preecipuus honor efl in cujlodia Lingute, And how the Herauldes and Purfevants fhould weare the Armes ot their Mafter, is exprelTed in thefe fbure verfes : Cinciorio Scutum dicas deferre Pedinum, Sic equitis dignumfert fcapula dextera Signum^ Sed humero levo detulit Profecutor ab ccvo^ Jijl Heraldorum fiat peRore fins titular um. The He- Their office is alfoe by Upton Li. i . Ca. xii". i-auldes partly declared thus : Sunt alti Nuntii Viatores Heraulds qut Htraldi Armor urn nuncupantur^ quorum officium ^ ak%ui.^/^ /w/Vzorfj Nuncios creare^ ut Juperius diUum efl ; fevnimts multitudtmm popuU faciUter numerare-, TraUatus fenseis! ' ^^^^^^ Principes Matrimoniales (3 pacts inchoare i diver fa regna & J^giones vifitare j Militiam bono- rare^ (3 Jingulis ARibus Militaribus interejje j de- Jiderare clamor es publicos (3 proclamationes in Tor- neamentis^ & Jingulis ARibus Militaribus ordinare j fidelem negotiorum relation em inter hofies deferre^ z3 neutri favere parti in ABibus Bellicis^ aut in pugna qute inter duos aliquando nobiles geritur inclujos y tv evy He- f^d omnia per fupertorem parti, vel partibus man- laulde is ^^^^ /^^ ^ parte, partt fideliter (3 fitie palltatione to weare / I n- ft v his Coatc nunctare^ 5 tjti aebent portarc tumcam Armorum ^ib" uaill deminorum fuorum, (3 eifdem tndui eodem modo^Jicut and in Domiui fit cum in confltUtbm fuertnt vel Tornea- J^-^^^y*- mentis. Eeraulde of Armes. 243 mentis^ aut aliu pericuUs beUicii^ vel cum per alias WhenHe- J^giones extraneas equitaverint. Item in Conviviis^ are bound maritagiis^ ac I^zum 6 J^ginarum Coronationibus, JheT/^'^^ ^ Prmcipum^ Ducum^ ^ altorum Magnorum Domi- Coatcs of norum folempnitatibusy Domimrum Juorum Tunicis uti pofiunt^ & tenentur in T{egionihus ^ J^egnis licet extraneisj ad honor em juorum (3 magnificentiam Dominorum, Some things in this Difcourfe I thinke worthy to touche. Firft, that Herauldes might create inferiom* 9^reiva- Officers i as Lyon King of Amies of Scotland of Upm doth at this daye make his inferioiir Officers, a" auna- Secondly, that he bee at all Tornements, rauid lib. Tyltes, ^c. And therefore (as I note in other ^'^''' ^^' Cuitomes) they ought to have whatfoever of their Furniture falleth from any of them that Torney. But now will not they which newly beginn to Torneye paye their Fees, but further bring with them foe manye Pages and Ser- vaunts into the Tylt, that they take the He- rauldes Fees of whatfoever falleth from their Maflers, with opprobrious fpeech to the He- rauldes, againft all reafon, order and cuftome. For why fliould men ferve, yf they may not have the due of their fervicc ? Next, in this place I obferve, that the Herauldes were and ouglit to bee at all marry ages of the Nobility e, whereunto they arc now never called, becaufe they ouglit to have the garment of tlie Bryde. And thus being gelded of their due Fees, they H \\ 2 can- 244 The dutye and office of an cannot mayntayne the Porte of their Callinge; or that the now Garter, Ihould equall the Gar- ter ofH. f.his tyme, when Garter entertayn- ed the Eniperour Sigifmond at his Houfe in Kentifli Towne. For reparation whereof fbme have in fome forte ibught to releive them : JouWe ^"^ therefore Kinge Edward 6. did by his Let- giauntsofters Pattentcs free them of allSubfidyes,Taxes, HerauTds ^^^^^^5) ^"d Other chardges of fervice ; And King R. 3. (yf my memory deceive me not) Cole har- gave thcm Cold harbarde houfe ; which I cannot fee how, why or when they parted from it. Queene Mary (I take it) made them, (or at leaft confirmed them ) a Corporation by the heipe, and procurement ot your honourable Bro- ther the Duke ofNorff. who alfbe procured them Darbye houfe, which they houlde at this daye : And Queene Ehzabeth gave them privi- Icdges, which I have feene inprinted lubfcri- bed, per privatum SigiUum. Much more I could fay for the Herauldcs, but I fliall bee too tedi- ous; and therefore defire your Lordfliipp once more to looke over the Plott of the dcfhultcs of the Heraulds office, which I gave before to your Lord(hipp, digefted into a Breife or Table. Fees of Yf 1 lerauldes, my good Lord, might trulye Hcraoidci Yi^s^Q Yqq^ ot everv one, which 2:ave them Fees in the ' ' o fyine of in tvuics pail, they might hve in reafonablc r.*"J-\.4. forte, and kccpe their Eilate anfwearable to their Heranlde of ^rmes. HT their Place. But now ( whether it be our owne defaulte, or the overmuch parfimonye of o- thers, or fauhe of the heavens, iince by their revolutions, things decay when they have beine at the higheft, I knowe not ) the Heraulds are not efteemed, every one withdraweth his fa- vour fi-om them, and denyeth the acciiftomed dutyes belonging unto them. And therefore hoping your Lordfliip will repayre this ruined ftate of ours, I will fett downe what belonged unto us in the tyme of K.R. 2. out of an ould written Roll which came to my handes. '' Ces font les droits & Largefles, appurte- "nants & de aunciente accuilomez aux ^'Roys des Amies, fblounc le ufance en " Roilme de Angleterre. " Et primerent quant le Roy eft co- "rone; primerment eft de auncient " accuftomez aux Roys de Amies & " Heroldes appertient notable & plen- " tereufe LargefTe, come de C. 1. &cc. Item, quant le Roy fait primerent The Fee at the Kings "lever & defpolier ces Banniers fur diipiayingofhisbau- *'Ies changes appertient aux ditz " Royes des Amies & as autres Ha- " roldes, que y fonte prefente pur lour "droit C. marc. ^ ^ , , . . . -, r r n. A Fee at the Ani^,:'- "Et quant le fcrvice de ion. ntz eft ingofthcKin2'> cid- "fait Chivalcr -10. marc. "^^'"^""=^- Att the Coronation of Kings, this C. I. Fee hath continued, as I have feene the Privye Scales of H.7. and Qu. Maiy. 24<^ The diitye and office of an "Item, femblablement, quant le The Fee when a , . r / i <- Prince, Duke, Mar- " rrince, & un Duc : tait Icver & del- 2?BtnSfhdiTf- "Plaier fonBanniers, enprimer fois piaye his Banner. " appertieiit aux dits Royes de Ar- " mes & Heraulx prefentes xx. I. Ec ^' ii c eft un MarquelTe, Vint markes j S'il eft " Counfe lo.l. Sil eft Baron cinque marks d'ar- "gent Croyns ou if. nobles; & s'il eft un " Chivaler Bacheler ; qui novelment fbit fait " Banneret aux ditz Royes de Armes, & He- ''raldes prefentes appertient p'". lour droit "cinque marke, ou x. iK)bIes. ThcFceat "Item, quant'lc Roy eft novelment efpoufe jlj^j^l^s'^-wapertient as ditz Royes dcs Armes & He- adge. raldes prefents notable & plenteux LargefTe "yo. I. "Parelliement, quant eft novelment coronc " appertient aux ditz Royes de Armes, & He- " raldes notable LargeiTc &c. The Fees Item, touts & chefcunc fbis, que le Royne Qnecnes " ^ cufiint, & 1' enfant pcroient aux fantz fbntz & ^if^"^-" ^^ Baptifme, & eft rcgencrc, appertient auxi inge. " a ceux Royes d' Armes, pur eux & les autrcs " Heraldes prefens, & dcvoicnt aver Largefle "notable fblonc le trefnoble valeure &plefure "de la Royne oudcs TvleiTcigneursdefonCon- "ceilc: Et ont accuftomc avoir un fois C. 1. " auter fois C. markes i autre fois plus ou moine: ** & pareillemcnt quant eft purific Icur ^apper- " tient LargclTc, come dcfiis. "Item, Heratilde of'^^r*^^ r \ r' guifts to yeares guirtes to the Heraulds, and out of that the He- liberality the Herauldes did (and to this daye"^^"^^^* doe) give moft of the Officers of the King's houfe, Newe yeares guifces, althoughe thofe New yeares guiftes are not halfe foe much to us now as they were then, when Silver was but iiij. iiii^. and every thing prifed undei* the third parte, that it is nowe, whereof I heere fett downe one inftance in the tyme of Edward the iiiV^. as I find is regiftred at that tyme. Memorandum , That on the yeare of our Lord 148 1, the Kinge our Leidge Lord kept his Chriftmas at Windfore, and the Queene alfb accompanyed with my Lord Prince, firft begotten fonne of the Kinge, Hee was Prince of Wales, Duke of Cornewall, Counte de IMarche et Fhnte, et de Pembrooke. Of the Kinge vi/. Of the Queene inl.wis.y'md. Of the Prince nil. Of the Duke of Yorke the King's fecond ibnne Liiij. iiii^. Oi the Earle of Lincolne xx/. OftheMarqueilcDorlett xxv/. ^ Ii Of 2 y o The dutje and office of an Of the Earle Ryvers xl/. Of the Lord Stanlye great M^ of the Howfhould xx/. Of the Lord Haftings Lord Cham- berleyne xlx. Of the Bp. of Norwiche xiii/. iiii^. Of theBp. ofChichefter xiii/. iiiW. Of the Bp. of Rochefter xj. Of the Lord Souche xiii/. iiii^. Of the Lord Dacres Cliamberleyne to the Queene xiii/.iiii^. Of the Lord Graye vij. viii^. Of Sir Edward Widvill Knight xl/. Of SirW'n. Aparre Comptroller of the King's houfe xx/. Of Sir JohnElringtonTreafuror of the King's howfe xx/. Befides the guiftes of many other Knights there named, whereof lome gave more, and fome lefTe, as befl liked them. Befides I finde it regiftred in one other booke of Hcrauldes then livinge, that in anno Domini 1^77. which was aboute the xvii^'^. of Ed. 4. the King made many Knightes of the Bathe, art the marryadge of his fonne Richard Duke of Yorke to Anne daughter and fble hcire to John ^lowbray DukeofNorff. which not councelled to their moft honnour denyed a great parte of the Dutyes (ofould Prefi- dents ) given to their Officers of Armes, and referred Heraulde of Armes. ^yi referred them to the Lord Chamber- The Lord Chamber- layne, who well imderftanding of aun- [:^^L%ta"u cient noble cuftomes, went and fhew- Fees be payed. ed it to the King and to the Duke The Conftabie is of Gloucefter Conftabie of England, Jf^/^mfs*^*^^"" which is Judge of every Officer of Armes, who went in his owne perfbn, and commanded William Griffith, one of the Mar- ihalls of the King's hall, to chardg every man of the afbrefayd Company, beinge under their Jurifdidtion, to pay their dutyes to the Officers of Amies ^c. Thus farre that note. Our Aunceftors were in tymes pafl with what troope of focarefull of their honour, and that dou?s^ mSt be fur- every man fhould be furnifhed accord- ^^^^\ with that goc , . , , , , ^ out of England. mg to his degree, that they iert not undetermined, with what Troopes of horfes every one fliould bee furnifhed when hee went Ambaffador : And how every Meflenger fent from a forreigne King into England fliould be received, as I have noted out of auncient Bookes in this forte, A Duke of the blood Roy all as neare as Cozen Germanyne 4oo.liorfe. A Duke of the blood Roy all 3 oo.horfe. A Duke 3 o o .liorfe or more. AnEarle of the bloodeRoyall 200 .horfe or more. An Earle 100. horfe. A Baron of gieate bloode 40 . or ; o horfe. A Baron 30. horfe. Ii2 A ? f^ The dutye and office of an A Knight for the Body e i o . or i ; .horfe. A Bannerett 1 5- .or 20. horfe. A Knight 8. or 10. horfe. A Squire for the boddye after his pofTeffions 6. horfes. A Squire 3. or 4. horfe. A Gentleman 2. horfe. powfo- Like wife if any Forraigne Prince or King ivTefSn- ^^^ ^^"^ ^ ^"^ Soveraigne any MefTengers ; if gerscfc- he be a Knight, receive him as a Baron, if he gr?e muft t>ee an Efquire, receive him as a Knight, if he bereceiv- bgg aYeoman, receive him as an Efquire, if hee bee a Groome, receive him as a Yeoman, fie. And fo every eflate muft bee received as the degree next above him doth require. It fliall not be unpleafaunt, I hope, ThcOfiicp of a King ^j^^q your Lordfliip to know what the ' of Annes in his Pro- \ f vince. authoritye of a Kmge 01 Amies is in his Province ^ and for that caufe, I ^ , , . . have here fett them downe. To kecpe and icgi- ,^. n i i inn fter the Arines sikI 1 irft, as nigh as he cann, nee Inall Defcents. ^^^ knowledge, and recorde the Armes, Crefts and Cognizaunces, and auncient wordes j as alfoe of the Lyne and Defcent, or Pedegree of every Gentleman within his Pro- vince of what eftate or degree foever he bee. Item, hee fhall enter into all Church- To repifter Annes ^, it .^ /- m and Monuments in cs, Chappclls, Oratoncs, Caltles, Churches. Howfes, or auncicnt buildings,to take knowledge of their Foundations ^ and of the noble Heraulde of Armes, 2 r 3 noble Eftates buryed in them ; as alfb of their Amies, and Amies of the Places, their heades and auncient Recordes. Item,\\QQ fliall prohibite any Gentle- to prohibite bearing man to beare the Armes of any other ^^- Armes of another r t ^ A 1 orfalfe Armorve. or Inch as be not true Armorye, and as he ought according to the Law of Amies. He fliall prohibite any Marchaunt,or , , * , . , To prohibite Mar- any other to put their names, markes, chants to put their or devifes in Efcuchions or Sheildes ; ^^'^^^ ^'^ Efcutchi- which belonge and only appartayne to Gentlemen bearing Armes, and to none other. Item^ he (hall make dihgent fearche, if any Bearinge I . . , , . 1 1 of Armes beare Armes without authoritye, or good right , without and finding fuch, although they be true Bla- ^uthon- zon, he fliall prohibite them. The faid Kinge of Amies in his Province Confir- hath full power and authoritye by the King's '^nnes" grante, to give confirmation to all Noblemen and Gentlemen ignorant of their Armes, for the which he ought to have the Fee belong- in o^e thereto. He hath authoritye to give Armes and Crefls Giving of to perfons of abilitye deferving well of the^^"h"s^ Prince, and common Wealth, by reafonof Of-^^'^ of- fice, Authoritye, Wifdome, Learninge, good Manners, and fbber Governmente. They to have fuch graunts by Patent under the Scale of the Oiiice of the King of Amies, and to pay therefore the Fees accuftomed. Item^ 2f 4 The dutye and office of an Item, no Gentleman, or other may None to ercft Ban- o Vr .. r^u u /. ners or Annes in crect or Ictt upp m any Church, att Churches,withouy^he Punerals either Banners, Standards, KingeofArmes. Coates of Armes, Helmcs, Crelts, Swords, or any other Hatchment, without the licence of the faidKinge of Armes of the Province, or by allowance or permiflion of his Marfliall or Deputye. Becaufe the Armes of the noble eftate deceafed, the day of his death, the place of his buriall, his marriage and yflues, ought to be taken and recorded in the Office of that King. ^.^ , Further noe Gentlemen ought to Dinerencesof young- , ^ ^^ rr * er howfes, are to bee bcarc their ditierence m Armorye o- theKbgfofAnnef tlicrwife then the Office of Armorye requireth; and when younger Bre- theren doe marry^e, ered: and eftablifli new houfes, and accordingly to beare their Armes with fuch diftind:ions and differences that may bee known from their elder families out of which they are defcended, the KingeofArmes of the Province is to be confulted withall, and fiich differences of howfes are to bee affigned andeftabUlhed by his privityc and confent, that fb lie may advife them to the beft, and keepe Recorde thereof; otherwife Gentlemen may either hurt thcmfclves by takinge fuch a diffe- rence, as fhall prejudice the cheife howfe from whence they are defcended. The Heraulde of Armes. ^$^ The Kinge of Armes of the Province is to None to have an efpeciall regarde, that noe man bearewsof Armes by his mother, bee fhe never fb good a^^*'"" Gentlewoman, or never io great an Inheri-^ "* trix, unlefle he beare Armes alfoe by his fa- thers ftocke and hving, properlye belonging to his Sirnamej ^i apudjus in Anglia partus nonfequitur ventrem, Likewife he is to fee, that no Gentleman change defcended of a Noble-Race, and bearing Armes "^ Annes do alter or change thofe Armes, without hisSar^fun- knowledge, allowance and confent. Yf any '^^'^"" doe ufe the Armes of others, or liich as they ought not, and will not bee reftrayned, hee is under certaine payne, and at a certayne day, to warne fbch Offenders to appeare before the Earle Marfliall of England, or his deputye, be- fore whome the fame is to bee ordered and reftrayned. Armes appointed for Bisfhopps ought not to p^^^^^ defcend to their Children, for they are not granted within the compafTe of the Lawes of Armes, cieaigy which only taketh notice of Bifliopps as Offi- f^"ghtnot cers of the Church, and not as Military men Ibend'to or perfons to be imployed in Offices or af- ^'j^j; '''^'' faires of Layemen , though fbme of them ''"" have beene very great Souldiers. For both Ca- nons and Examples doe forbidde the fame, fince in temporall actions in tyme paft it was alleadged againft them. For it was objeded to Hubert 2 J <5 The duiye and office of an Hubert Walter Archbifhop of Canterbdrye, be- inge cheife Juftice and Chauncellor in the tyme of King John, that he intermedled in Layp caufes, and dealte in bloode, as alfoe the fame was layed againft the other Cleargirtien, for havinge of Offices in the Exchequer, and the King's howfe,when fbme of them were Clerckes of the Kitchin, fbme Treafurer of the howfc- hold \3c. Yea, fb much did our Aunceftors de- rogate from the Armcs of Bifliops, as that the Biihops, which were intereffed in the Armes of their Aunceftors, might not bearc the Armes of his howfe without fome notorious difference, not anfwearable to the difference of other younger bretheren ; as did theBiflioppof Lin- colne, Henry BurgherOie; the Archbifhop of Canterbury, Thomas Arundell ^ the Archbifhop of Yorke, Richard Scroope j the Bifliop of Nor- wichc, Henry Spencer j and many others, who did not bearc the common differences of Armes of younger Sonnes, but great and notorious differences, as borders, fbme engrayled, fome with Myters, or fuch hke, whereof I can fhew when the Youi' Lordfhipp many formes. And that it was long robe not bcforc the tyme of Bartolus the Lawyer in fuif to the Goverment of Charles the fourth Emperour have permitted to Gowne-men ( or, as the French termcth them, of the longe Robe, for under tliat name were learned men, Clergie men, and SchoUers comprehended) to beare Armoryes ; or Heraulde of Armes, ^f7 or elfe why fhould that great Lawyer Bartolus argue the matter, whether it were convenient that he Ihould take Armes ( the peculier re- ' warde and honour of Militarye Service in aun- cient tyme ) or whether he fhould refufe them at theEmperours handes? For if it had beene then ufed, that the longe Roabe fhould have enjoyed the honnour of Armes, Bartolus would never have doubted thereof But fince it was not then accuftomed, hee made Queftion whe- ther hee fhould take thofe Armes or not; but in the end concluded, that the Fadt of the Prince was neither to be dilputed nor rejected, and therefore was wiUinge to aflfumc the Armes which the Emperour had given him. Although the Marfhall in tymes paft was but The Nfar- the Conftables Deputy, yet was he affiftaunt to^owl; of the Counftable in all Judgments. For by his^"^P"^"" advife moftlye, and fometyme with his, and the "^^" * reft of the Court Militarye, the Conftable gave Sentence. And although in fome Cafes the Marfhall was to execute the Precepte of the Conftable, yet was he alfoe to heare, and in fome forte to determine, Caufes, efpecially in the abfence of the Conftable, which thofe Mar- fhalls more often and with more authoritye exercyfed fince the xiii. H. 8. in which Ed- ward Stafford ^or Bohun) the laft Conftable of England, was beheaded, fince from that tyme there hath not been any more Counftables, K k whereby 2y^ The duty e and office of an whereby the Marftiall hath alwaies after fup- plyed the Counftables Office, and fentenced all mihtary matters. Then if the Marfliall doe the Conftables office, hee hath the fame pri- viledsfe the Counftable had : And if the Coun- liable might imprifbn, then ( as I thinke will be well proved) the Marfhall may doe the fame, fupplying the Conftables Office ; and by confequcnce, all ftich Deputy e Marfliall Com- miffioners, as have authoritye from the Prince, to fupply the Marflialls Office, during the in- terim, or vacancye of an Earle Marfliall. Moreover, if they fliould not have authoritye to ymprifbn, in vayne were it then to deter- mine anye thing. For yf the partyes con- dempned will not obey,and they have no power to compell them thereto (which in the end muft bee only by imprifonmente ) in vayne it is for them (as I fayde) to decree any thing j but becaufe their Judgment fliould bee efta- bliftied, and the Offenders compelled to per- forme fiich Lawe, there was allowed to the Marfliall his pryfbn, which to this day is called the Marfliallfea, a thinge fuperfluous and meere frivolous, that they fliall have a Prifon, and not committOffendors to it. But that prifon was not appointed to them in vayne. For which caufe it feemcth to me, that the now Marflialls Deputyes have, jus incarcerandt. And if any of your Lordfl'iips fliould committ one Oifendor to that Heraulde of ^rmes, ^S9 that Prifbn, I woulde gladlye learne, what re- medye hee hath either by ad:ion of falfe impri- fbnment, or otherwife, fince noe man, I thinke, will bayle him without your confentes, or any other Judge by Habeas Corpus enlarge him. And then fooUerie and needlefle it were for him, to fiie an action of falfe imprifonmenC againft thofe that fhall committ him. And therefore I fee not, but that he may remayne in Prifbn flill upon commaundement of the Mar- fhall or Marflialls Deputie, or uppon Judgment in the Marflialls Court e, which in a Book Cafe ftabk and of xiii. H. 4. isfaidto bee all one with the i^^^""'^^^^^'^ Counftables Courte : which partlye alfoe is to are faid bee gathered out of an other Booke Cafe in g.^^ ^ the Lawe Bookes of 37.H. 6. where one brings an Action at the Common Lawe of Aflaulte and menacinge. The Defendant pleaded that the Plaintiffe did ( ' Incutiri in Capite) and that if the Plantiffe would chardge the Defendant with Treafon, as hee did, hee faid to the Plaintiffe that he would defend him by his Bo- dye, during the Life of one of them ; which was the fame menacing. Whereupon The Conftable and it was faid, that fuch Action for ap- Mardiall have a Lawe pealing of Treafon, orcaUinge Tray- d'omron^Lawe'i/to tor, lyeth not at the Common Lawe. t-^'-e """'"^ ^^^/' T^ / r 1 1 r 1 T. 1 X f^fj that Lawe being But (to ule the wordes or the Booke) theCiviii Lawcwhich nil devantk Coneflablei3MarelhalL^ la ?""^^'.f*^ and ufeth fera determine par Ley ctville: whereupon I. sk. Kk 2 Juftice %6o The dtitye and office of an Juftice Needham, Le comen Ley prendera com- stance de Ley de le Coneflable (3 Marjhall; car en appelle de morte eji bone Jufiificacione que le mortey luy appelle de Treafone devant le Confiable & Mar- Jhally par qui Us combateront la, ^ le defendant vanquijht le morte al mort ; ^ cefi bone Juftifica- Clone al comen Ley ^ Jjhton ^ Moyle concejjerunt^ que comen Ley prendra notice del Ley del Conjlable^ ^ Marjhall -y Tamen Prifott contra ; Mes puis qucs les trots difont^ ut fupra -, Prifott non negavit : Whereby it appeareth, that all the fbwer Ju- ftices agreed, that the Conftable and Marfliall had a Law by themfelves ; whereof the Com- mon Law doth take notice, as well as it doth of the Ecclefiafticall Law, being a Law of it felffrom the Common. Then yf they have a Lawe by themfelves, (and the Marniall,as I gather out of thefe cafes, is as farre intereffed therein as the Conftable, becaufe the Common Law here in this cafe, and in all other places, calleth it the Conftable and Marfhalls Court, ftill joyninge them toge- ther as it were in equall Power) it muftneedes fbllowe, that they ought to have meanes to execute the Judgements of that Law, which cannot in the end bee any other courfe, but by reftraint, and Imprifbnment being the laft co- hertion that can be ufed, as wee fee in the contempners and refifters of the Common Lawe, which further affirmeth, that things of warre Heraulde of u^rmes. 2^1 warre done out the Realme fliall bee ^, . ^ J -11 1 /-I n 1 1 ^ Things done out ot aetermined by the Conitable and the Realme are to Marfhall; where I alfo obferve, that ^J^^l ^'^'' '^'' the Marfhall is alwaies joyned with the Counftable, as I before touched, and as ap- peareth al/b in a Booke cafe of 48. E. 3.fb. 3. And Stamfford in his Pleas of the Crowne fo. 6^. As is alfb proved in the xtii^^. Hen. 4*^. fo. XIII*. where it is dehvered, that a woman fhall have an Appealein the Conftable andMar- ftialls Courte of the death of her husband flayne in Scotland : And Littleton putteth the Upon like Cafe ; that if the King make a voyage into ^^jffon^Ef- Scotland, and Efcuage bee affefled in Parlia- cuage is ment, if the Lord diftrayn his Tennant that paid.^^ houldeth by Knights fervice of one entire Knights Fee, for Efcuage foe affeffed, and the Tennant pleade and averr, that he was with the King in Scotland, byxL. dayes, it Jliall be tryed by the Certificate of the Marfliall (of the Hofte of theKing) in writing under his Seale, which fliall bee lent to the Juftices. But this Marfliall of the Hoft is alwayes intended the Marfhall of England, who is to ferve in thofe Warres, which is called the iSIarfliall of the Armye, as I cann upon fome fludy fufficiently prove by Pxcord. I hope your Lordfhip will not bee offended general! that I peiler you with Rap fodicall thmgs, and in divers therefore prefuminge of die fame, I will fettJ^J^'J"' downe 262 Xhe dutye and office of an downe what Herauldes I have obferved to bee in divers Princes tymes, by feverall names, in which your Lordfhipp may behould the flou- rifhing ftate of that degree, when it is furnifh- ed with Kings, Heraulds, and Purfevaunts of the Prince, and Heraulds and Purfevaunts of divers Noblemen ; For they had alfo Heraulds and Purfevaunts, who went with the King's Herauldes to the Chappeli before their Lords, which attended on the King, of which Noble- mens Herauldes, fome of them dealte in Amies, and gave authoritye to beate out differences which they beare. Befides, I fliall fliew therein the firfl Inftitutions of fome Heraulds, which I thinke fliall not bee diftaftfull to your Lord- fliip to readc. In the beginning of Edward tlie 3**. Andrewe Windefore Norroy. Befides theifc Herauldes of his Children ; Clarenccaux belonginge to the Duke of Clarence, Lancafter belonging to the Duke of that name, who, when tlicHowfe of Lancafler obtayned the Crownc, was a King of Herauldes ; which foe continued, untill the howfc of Yorkc gatt the Garlande, and brought him back to an Hcraulde. Gloucefter the Hcrauld of that Duke. Wmdefbr whome the King created uppon ^rgmtre. this occafion, as hath Bertrande Argentine in his Hiftorye of httlcBrittaync, Henr. f . ca. \6. After the Battaylc of Auraye in the yeare 1 16 \. which Heraulde of ^rmes. 2^5 which fell in the 38. E. 3. in which Charles le Blois was flayne, and John Mountforde (af- iifted by the Kinge ) had the vidory thorough the Englifli, the Newes thereof was brought to King Edward i whereupon (to ufe Bertrand's words) Le J^y de Angleterre efloit a Douuers, qui enfcente le Novelle en trois jours^ que luyfutportie par un Purfcievante d Armes de Britaigne en voye du Counte (which was John de Mountforde) Lequelle le J^ye de Angleterre fisjon Her aulte Jons le nofme de Windejor L. &c. where the matter is fett out more at large. The Herauldes I reade of in Recordes, in other Princes tymes, (although they bee not all, and whereof fome have now being, ancj fome have not,) are thefe : Firft, in the tyme of King R.2. Norrey Kinge of Armes. March Heraulde. Burdeux Heraulde. Bardolfe Heraulde, who had power of Armes {virtute officii ) whereof the Recorde of 22. R. 2. faith, Bardolfe Haraldus Armo- rum virtute officii concejjit l{oberto Baynarde^ ut liceat Jibi ^ heredibus fuis imprejjionem ^ fiU^ ^ Lambeaux in Scutis Armor um fuorum omittere. In the tyme of Kinge Henrye the iiii^^-were, Lancafter Kinge of Armes. Percye Heraulde. t,sic, Libardc 2(^4 The dutye and office of an Libarde Heraulde, with many more. In the tyme of King Henry the v^^. were, Garter, by him firft inftituted. Cadram Herauld to the Earle of Dorfett. In the tyme of King Henry the vi^^. GuyeiT Herauld. Suffolke Herauld. Mowbray Herauld, with others. In the Reigne of King Edward the fourth the ftate of the O'^qq for Herauldes flood in this forte, as appeareth by a Roll written a- bout the beginning of King Henry the y\y\^^. wherein is fhewed both what number of He- rauldes were in that King's Raigne of Edward the iiiith. and alfoe how they decayed in the tyme of King Henry the vii^^. in this forte. Garter. Kinges. Clarenceaux. Norrey. Marche. Guyen. Irelande. Windefore. Lancaftre. Fawcone. Chefter. Blewmantell. ^ RougecrofTe. I Galleys. > Purfe vaunts. Barewicke. | Rolc-blanche. J Herauldes The Heratilde of Armes. ^^s The Duke of Gloucefter had, Gloucefter Herauld. Blanke-Sangher, Purfevaunte. The Duke of Clarence had, Richemont Herauld. Noyre-Tauren, Purfevaunte. The Duke of Buckingham had, Herefbrde Heraulde. The Earle of Warwicke had, Warwicke Herauld. The Earle of Northumberland had, Northumberland Herauld. Efperaunce Purfevaunte. The Earle Rivers had, Rivers Purfevaunt. The Earle of Worcefler had, Worcefler Heraulde. Marenceu Purfevaunte. The Lord Mountjoye had, Charten Blewe Purfevaunte. Now the King's grace hath but ^y. Tr r^ ^^ T 1 J J Richemond King of three Kmgs, Garter, Richemond, and Armes in the tyme of Norroy, and one Heraulde, that is, h. 7. being now but Somerfett ; Lancafter, Yorke, Wind- fore, and Falcon be voyde, and all the Purfe- vaunts, Rougecroffe, Rougedragon, Callys, Bar- wicke, Guynes, Hampnes, Rifebanke, Mount- orguill, Portcullis and Rafyne, and noe eftate hath any but only the Lo. Marquefle, that hath Grobic Purfevaunt; and the Earle of LI North- 266 The dutye and office of an Northumberland, that hath Northumberland Herauld. This was in the tyme of King Henry the vii^^. God fave King Henry the viii*^. Thus farre that Roll, fhewinge the tyme of King Henry the \d^. Alfoe as that of Edward the iv*^. in which it feemeth, that Ulfter now King of Heraulds in Ireland, had then no lyfe, but was called only Ireland. In the tyme of King Edward the vi^K there were only theis Officers of Armes, as is proved out of the Letters Patents of that King, where- in he graunteth to us to be freed from all Sub- ledyes, and other Taxes, fliewing the honour and Immunities wee have amongft all Nations, Emperours and Kings. Garter. Clarentieux. ^ Kinges. Norroy. Carleile. Windefor. Yorcke. Somerfett. Chefter. Richemonde. Portculleys. Galleys. Barwicke. Rougedragon. Blewmantle. Rougecrofle. Ryfe bancke. j In Herauldes. > Purfevants. Heraulde ofdArmes, ^^7 In this third yeare of King James,thus ftandr eth the ftate of this Office of Armes, [vi^.) Crarter *^ Clarendieux. ( K!"g^' ^.^f'^^ ^'fter Norroy. S ^"^^ Yorke. Richemonde. Somerfett. Lancafter. Chefter. Windefbr. HerauWes. T> ^ ^ ^Purfevants, and one other Kou2;ecroire. ( -n r \ ^ j- Rlew^ t\ r Pu^i^'^^^^t extraordina- PortecoUoJ's. S ^V "'i Po"efmouthe. Thus as abruptlye concludinge, as T have dif- orderlye dehvered theis things in this Hinfpott ( or, as wee corruptlye calle it, Hochepott ) I befeeche your Lordfliipp to accepte them with that good niinde, with which you have re- ceived other things from me, and fo to your Lordship moft humblye comending my felfe, that may with Ovide fay, Jamjam felic'tor (etas terga dedit^ tremuIoq\ gradu Femt ergafene^us j L I X I hum- 2 jsro;i'/, perperam. 4. Haec uncis inclufa ad oram MS. adjeda funt. y. MS. men- dole TO X'^p/o/} nifi forfan plenius, ut Hoefchelii MS. legas, iilw'tmi nfp^veiv. tStb 715 yjvfiov u; ^pfiexay &C. N n T^miv aSi appendix. S^ifbTro Tivot ^ jcjfrapepalip^ t/TTwAjipa^. Imdiagwj h oias 1^ (dp aioji'^o'ifuif ctM.' b* t^ ttJumS 'n'Tta o; )^ ot otaijcoj. ^ot jp eis TMTT) TO ycdtnoi -^yvdti, *^ las 4^;^S TiTOLyybiim kfyi\m \i iuol ooToJ tto- a.y>nou{ us ^ae^ov (pareiioi. ci a> oi (xtt' ctp^^s 5^Jcot|Oi lege J5t7?|g/?3u, 3. H/!/epav -usre ,&<, e;/ Hcefch. 4. M/a Moefch. 5*. nponvip^9n Hcefch. 6. Inclufum omifTum in noftro Cod. fed habct Hcefch ".. Sic fcribc pro rtVsxA?- ?ttT, quod eft in MS. In Hcefch. o.mKti'm^ habetur. 8. Ita ex Hcefch. nam MS. noftrum, wf >w ol S'li^^oi. p. Sic Hcefch. at MS. h. lo. "is-. ks^tI-^v, Hcefch. x^ tsVw. appendix. 28 TVTOy '^ ^eATioy* yiyt^fjd^oi. oTs o TiTrot y y(sy^'Tyiiyg5* ^ Kwifrnti, br ^ xf o-, V 7ieJ^oA@^ ot ou/nS, /ueil^ct, otvotf^VovTaif t^ ^ tvto to v^e^ov avotTravcTiu owav/oi' ^lailcu Of y^m* "^ tvtdv AJ xA>i"i/of^ ovo- ^9Z jwAttdv aQ^(Sl(j( qI si Ih-Mi | ^ e4j 1 ae^cT^p* gAocovToq "vlssra kfyi\m yjolg-quiy fafjwTj kvcntfj tto- g(peioy$ t^ /l^ ttT^u^ Qr3c a(Lcc/pWaz. '^ S^'ttjs cTfe '^ g/Tiov-* o-\^iai I. Vccem iftam omittit MS. fed habet f/cefc/j. 2.Hanc MSi. lacunam imprcfTus non agnofcit. Et redlius qui- dem aheft. 3. T -jav I/cefi/j. 4. BihTia Hcefch. <). In ISIS. y^oiixTn. 6. Hcefch. hsh oumioM dva^iam. 7. f/cefch, 7BT&) /^ ovouit }iitX)KKoy^-> KoK. A.5. 8. Omitrit MS. fc'.i ad- jici debet, p. Nonhabct //cf/cA 10, Omd'l^ovTis Hcefch. II. Sic Hce'cb at MS. a.-m^^e-t- 12. "a? st>(),uV^ Hcefch. 13. Hfjw //. 14.. I3-. iSpv^M?. ly. TjmKaaai //, id. hlili H \7' Hcefch. nonh^hQl, N n X cpavix;, T 184 appendix, ^ ^<3tiy ^^ jyy ry* ^<5U$ opScn, >^ e^' lO^ t5Jt Xoy>i, Of a) -^-J^^otf ?ravTOi xjtT^^oiroq i^d-t 04fV cy %l$ atAOi'ft ii!iIa>iTe, $ | ^ x^ecj | to crw^u* c^ t^ otoT^ y yjvo^oy Siuugltcs %Qi iy*- toi<7ot$ (x5oty*7By -TroifcJy. y'^Tofc hcvcLroSi to 9 5ll- I. Ktf7n'Ti'7>l;>f(JOtl'T@^ %y 5*MI( cO^OTj^oy. V TBJWTcy *Wfafi l^A ^f/i';^ ^^- ^3ji<^3> tSto iTnySiKTCLfj^vi yx, aviaSjicnQ, iMa truJ^- fyi(nTo(Ji K5t?a^' K5t5-p$ Q'^jCfiMvaaw. ^ mc^rr^ Mfffca evVorc, luj ^a<^5 cLyoc^icL<7iOii ^:7ni\yi'^Q. 01 tTli ql^- (jLj6T0L(^VTCUj \ih c^Sh^cLcQmvu ^JTreAjj-vl/ov^. ^>V^' c* oTs; yoanfjULmv ^ g'reAewTay, ;(3ij oTretoi ci oLTrtTict yiyimj, cia-Tnov V JsJ Xc> iySjcTDv^* rvro) ^ o wxiT^p ilut Xf<(7iy Traoav ^^)t* ;(5:^ aJvos |3iiAu5*p Ttt ep> mrpeiTxecctoi to 5^- ^ms- AIKAIA SOT H KPI2I2. fs (pavJJs 70 aVTXTnxJ^iua. e^r' a.fi oja^y/ov yJi7\^(JVi ^ ^ttb- vel^PTDf . ;yu Ti^7oi5 iS 70 TH^p ctcrGe^oy ^^of.y^u X3^ /iMjJt aceiMt CLl^(f>%i^mi ^ k'TScuj^ia cTfe ohuun} q/k aa- fUJOLTCi QAk>^oyjii /Q^f^6<. TVTVS b"^ DTTVOS * ivflC- ;^ en ^;(50jo '\l;Zo^ oouiPW opS5> ^ fcvyif/,y]i >ivoyTotf rtj(. luiyoj A| 01 ^yjjfOi ^xefjcei /Lw^yjicToyToq 6p>(i)y, 5^' >fit^ ^^ya /M47j*V//V>i> 5^% ^'a*@^ iyatT'X.iji >aixAov Jj'i^yS ^ e/]oo^w gAotoo//V@^> ['^ chc oi'/t7\si 1 pa I. i7. cf><^s^J, 1. Sic Hoefch. At MS. 5iT3v>l(>} aLse^yctqus, ySi av5pa>77B<5 '^'^vt^, ^* '2^ AojTray cyxCg^cwa-juivJl b'tTiot* iJ^ ^ " aiv3^fa7rts aji TBI tvtv Xfi7* a$ 7a 5^3oyy vo^^v avc/joay t? Xf I. ^ oe^^tTScTW. 2. Sic //. At MS. aTOJ/KfTK, 3. Isr, Spw^@', vel >ua/iaxik. 4. In MS. Kayjuov. 5-. Totum hoc inclufum ab imprefTo abeft. 6. lo-. 'lyjw. 7. //. f^ ha^Jjnas ctAV. 8. // nxi-nyLiiTiA. p, Inclufa //. non habet. Pro vero in MS. eft ". 10. tZv koittuv ^dav hC, H. II. ^VbpuTWt //. lz> O 'T^" ^ivjxav H' i^. /*' T^v. 13. Quje feqiiuntur primo ad fidcm & formam MS', codicis (mendofi fatis) expreffimus. (Hoc excepto quod in locis extra dubium poficis & didiones figillatim de- fcripfimus & accentus cuique fuos adrcriplimus. Quae utraque in fcripto codice defiderantut.) Deinde emen- dationem noftram (fi forte) fubjecimus. 288 y^ppendix. EN Bin TotoTBC '^^'iUjiof Jioy. !^ TM^ TV ec&)tTV VOfW* ^CTB ^ (p%c^s i*s t^}oipc7iot hcwytt XS^ Ksd^^ fciiu- ttMa l^^JitAx^cioa eJtVcTion ^ vfiioi cl^jul iV$ eAeu- ay5pi7ro<$ oJeo7 tdi' TnTnJwjcoiit tvtVj eav 'mcQiiiii EMivej )Cst^Ae<4/erot( t^' /t^*Tflqo7^ ? 'i^vV$ )^ ^pyi^fitTtK* cnrrpV an^iOAj Kj fm 'sfei Ae^e^s pyi^ocwv i^io- 5^ T^ oflcS )8*aiAe7E Xj itt ret eu7n- TlTHYIM'n (^ iS/o AjJctvSif A TV TiAoj o^O>MlA* 7>J ^S TV <^i^uiMi J^i '^ oiaT>p/ya5 iSjooayTT 'Q;;^TB5y '(^y vqi^i /ttg'&yoay7j /uera'foioty ^^va axfiCwo^ (9oy <^ ^ to a/rMtpTctyovTa. /U^- yo5* wozTjp oeycgsy td yyiou(iu^ *el, )C5tXfly tTli j^ to oLyot- Eorum quce in pracedentibus aliquot paginis adfidem MS. hiulca ^ corrupta babentur emendatio. oLfjUL 5^J(3U0t$ kiyiT^ii 3(554 7n^(JM', J. Arm. 1^ -iil^*; /(jt) ;/!'/>tct7y ^tj^k. 2$>o (lAppendix. aA\' 701$ 30'7rfcJ'D ^Gr^fr^Touii X3^ S^tiSi TsiyM c^>i- Jai, oLuii^ Ti y^fi ivccbotaiv xjtj t c>flCM ^otc7iAe4ot# e^ 01$ ctv et/f^ i//.ca$, 67n TWTct^ x,piV( Trap e^coiga, (^oij li J^xfjULTos l^x^Aci yaof^a* T^ Ti y^^i x^ Icnoiffi/pf^'as <3io-ayTi fZB^- Ti^i, e9Zif fe5 yAizumaxHTi 'TtoMlU y^^'iM 'TCoXiriiXi zrevJipay c>xv<5tffa| t^ ^' t^ /LMTctvoiay ')(^^ia, olk^i- Q>uaA Si rfejTot| THiM^j icoTfp 70JJ fm.yifoi, loaa Tnvni' yy\)co(ji cuyuoLTt hoL\Tyi$ ]>^pfc(* >^ 'Z;J'7d;^5 72Ae ct>hi^7. Jofcphi, (^Appendix. 291 Jofephi, ex opere infcripto, Contra Platonem, De caufa Univerli, de loco in quo juftorum pariter & injuftorum anim^ continentur. ATq^u E haec quidem Dasmonum fedes eft. De in- feils autem, ubi juftorum -pariter & injuftorum animas continentur, necefTe eft ut dicamus. Inftrnus ideo (five Hades) locus eft in rerum natura plane incultu?, fubtcrraneum fpjecus, in quo lux mundi non refplendet : atque ideo locum hunc nullo lumine illuftratum aeternis tenebris horrefcere necefle eft. Regio hxc animabus pro carcerc, defignata eft, cui Angeli cuftodes praefedi funt, juxta fua cujufque opera debitas cuique pro more pcenas diftribuentes. In hac autem regione locus quidam in reccflii feparatus exiftit, lacus ignis inexftinguibilis. Iti quem nondum quempiam projediim novimus : pr^para- tus tamen eft in decretorium ilium diem, ubi fufpicienda jufti judicii declaratio omnibus pro merito exhibeatur. Et injufti Deoque immorigeri, & qui opera vana mani- bus hominum fabrefa<5ba idola, ceu Deum coluerunr, ut hujufmodi fcelerum aud:ores ad sternum fupplicium damnentur. Jufti autem incorruptibili & indefcdibili regno potiantur. Qui nunc quidem apud inferos con- clufi funt, non eodem tamen cum improbis loco. Unus fiquidem eft in banc regionem defcenfus, cujus portas Archangelum una cum praefidio prcefedum credimus ; quam quidem portam ubi primum praetervefti funt qui ab angelisaniraarum pra^fedtls eo dcducuntur, perean- dem viam non ulterius procedunt. Sed jufti in dextc- ram, Angelis prasfedtis aliis facem prxferentibus, aliis i\ tergo hymnos decantantibus,in locum lucidum deducun- tur. Ubi quotqaot ab orbe condito jufti fuere, vitam degunt, neccftitate nulla conftridi, fed bonorum qus ibi O o 2 con- 492 ciAppendix. confi>i*cIiintur vifione indefinenter fruentes * * & novo- rum Temper exfpedatione laetabundi ; atque ilia his prae- fentibus podora judicantes. Et hie quidem locus non iih's laborem creat, non laffitudinem : non iilic acftus, non frigus, non tribulus : led qui fe coram con{picien- dum prsebet patrum juftorumque afpe(9:u6 molliter feni- per fubridens, aerernam poft has fedes in cceIo requiem & refurredionem exfpedantium. Hunc autem locum Sinum Abrahae vulgo vocamus. Impii vero ab Angelis tortoribus in finiftra rapiuntur, non illi quidem fponte fua procedentes, fed capti\rorum inftar per violentiam tradi. Ad quos Angeli praefedi munus fuurh obeuntes mittuntur, qui probris eos impetentes, & afpedu torvo increpantes, ad ima tartari protruduntur. Quos inter agendum praefedi trahunt ufque dum gchennae propiorcs fadi qui in proximis confiftunt ebuUientis aquae murmur continuo exaudiunt, neque ab aeftus fumoimmunes funt. Ex hoc autem propiori intuitu tremendum illud & im- mane quantum flavum ignis fpedaculum contuentes, prae futuri judicii exipedatione obftupefcunt, etiam nunc tantum non potsnt'iA puniti. Quin & illic etiam patrum chorum juftofq; profpiciuntj& ob hoc ipfum vel maxima torqucn- in medio interjeftum eft tur. Ingcns enim & altum chaos medios dinmit^ quod ncc pium quenquam compaflione affcdum admittat, nee impium tranfire aufum fufcipiat. Atque hasc quidem de inferis hiftoria fie (e habet, ubi fingulorum aniraae uf- que ad tempus ^ Deo praefinitum cohlbentur ; qui tum refurredionem omnium fadiirus eft : non animas in alia corpora transfefendojfed ipfa corpora rcfufcitando. Quae cum vos Graeci fbluta morte videatis fidcm non adhibctis. jam tandem infideliratem dedifcere Difcite autem non credere de/iriere. Qui enim ani- mam appendix. 293 mam ex Platonis fententia, ingenerabllem & I'mmorta- lem i Deo fadam crcdidiftis, procedente tempore non diffidetis quin & corpus etiam ex eifdera elementis com- padiim potens fit Deus, vitam ei rurfus largiendo, im- mortale efficere. Nequc enim unquam de Deo di- cetur, quod hoc poflit, illud non poffir. Nos igltur & corpus etiam refurrefturum crcdidimus : quod utcunque corrumpatur non tamen perditur : reliquias fiquidem ejus terra fufcipicns eas cuftodit ; quae feminis inftar pinguefadse & una cum fertiliorihus terrae partibus fub- adas reflorefcunt. Et id quidem quod icminatur nudum granum feminatur, (ed creatoris Dei jufTu revirefcens veftitum & ornatum refurgit ; neque tamen prius quam intermortuum diflolvatur & fubigatur. Atque ideo re- furredionem corporis non gratis credidimus : quod licet propter inobedientiam illam primitus fadam ad tempus folvatur, at in terram tanquam in fornacem de novo rur- fus formandum projicitur. Non quale antea refurreftu- rum, (q^ purum nee in pofterum corrumpcndum. Et fua cuique corpori anima reddetur, quo induta non ultra triftabitur, fed munda mundo cohabitans collastabitur ; & exultatione plena refumet illud quocura in mundo jufte converlata fuerat, & in omnibus operum particeps habuerat. Improbi autem nee in melius mutata cor- pora, nee ^ dolore & segritudine aliena, nee glorificata recipient : fed quibus morbis gravati \ vivis exccfTerant, & quales quales in infidelitate {ua fucrant, tales plane ad tribunal judicii fiftentur. Univeifi judicabuntur. Otanes enim julH pariter & injufti coram Deo Verbo fiftentur : illi fiquidem omne judicium cora- mifit pater, atque ipfe voluntatem patris exicquens ju- dex comparet, quem Chriftum vocamus. Neque enim, qui apud vosGraecos, Judiccs hie funt Minos aut Rha- damanthus fed quem Dcus & Pater glorificavit. De quo ^ nobis 294 appendix, ^ nobis alias diftindius adum eft, in eorirai gratiara qui veritatem inveftigant. Hie juftum patris judicium in omnes exercens, unicuique fecundum opera fua quod ad fcntentiam aequum eft ordinavir. Cujus judicio omnes pariter homi- nes, Angeli, Daemonclque banc una vocem tollent, fie dicentes, Juftum eft Judicium tuum. Cujus acclamatio- nis mutua bine inde redditio utrique parti quod juftum eft infert : iis qui bene fecerunt aeternam fruitionem conferente judice, malorum vero cultoribus aeternam pcenam diftribuentc. Atque bos quidem non exftingui- bilis ignis & indefinens manet, fed & vermis quidam igneus, non moriens, nee corrumpens corpus, fed inter- rainabili dolore h corpore prorumpens perdurat. Non illos fomnus in requiem coget, non nox folabitur, non mors fupplicio liberabit, non affinium mediatorum con- folatio juvabit. Neque enim jufti jam ab ipfis ulterius videntur, neque digni funt qui in memoria habeantur. Soli autem jufti bonorum operum memores erunt, per quae in coelefte regnum provedi funt : In quo nee fom- nus, nee dolor, nee corruptio, nee cura, non nox, non dies tempore menfuratus, non fol ex neeeffitate per coeli orbitam curfu circumadtus. non Angeli qui tempc- ftatum fpatia & coeli cardincs ad vulgo notos humanae vitas ufus dimenfa difponant. Non luna deficiens aut crefcens, aut vices temporum induccns : nee ilia terram humedans, nee fol adurens. Non circumvolvitur Ar- ftus : non venatur Orion ; non vagus aftrorum curfus numeros fuos abfolvit : fed terra calcatu facilis & Para- difi atria inventu baud difficilia. Non horrendus maris fremitus confcendentcm prohibet quo minus pcdibus cal- cet: nam & ipfum juftorum grefTus facile admittct : nee hamore fuo deftitutum, ncc firmitatc fed per imprcffa Icviter veftigia proculcatum. Non caelum ab human is incolis" appendix, ^9T incolis imparatum, nee qua illuc afcendltur via impof^ fibilis inventu. Nee inculta jacebtf terra, nee tamen ab hominibus elaborata. Sed fponte fua frudus in orna- mentum univerji proferet ; fi quidem Dominus ita jufle- rir. Nulla ultra ferarum genitura, nee reliquorum na- tura animantium in prolem prorumpir. Neque enitn homo jan) ulterius gignit ; fed juftus piorum numerus in- deficiens perdurat, una cum Angelis & Spiritibus Dei juftis, & Tatre Verbi. Adeo ut juftorum chorus virorum pariter & feminarum ab omni prorfas fenio & corru- ptione immunis permaneat, Deum hyranis celebrans, qui beneficio legum in vita redie inftituta latarum, eos ad hoc ftatus perduxit, Et cum his una univerfa etiam toilet creatio indefinentem proferet hymnum, ut qua \ cor- ruptione ad incorruptionem deduda, & fpiritus luftra- tione glorificata, nullis neeefEtatis vinculis conftrida te- nebitur, fed in libertatem afferta per fpontaneum hym- num, una cum Angelis Spiritibufque & hominibus ab omni prorfus (ervitute liberatis, Creatorem fuum celebra- bit. Si ergo vos Graeci his perfuafi, terrenae iftius & quaeftuofae fapientiae vanitati nuneium remittatis , nee circa didionurn argutias occupati intelledum veftrum in erroris femitam impellatis: fed infpiratis coelitus pro- phetis & divini verbi interpretibus aures veftras acconi- modantes Deo credatis, eritis & vos horum partieipes, & quae futura funt bona confequemini. Immenfi coeli afcenfum, & quicquid illie regni eft aperte videbitis : & ea cognofcetis qus nunc reticentur. Quae nee oculus vidit, nee auris audivit, nee afcendit in cor hominis quae Deus praeparavit diligentibus fe. Communis omnium finis continuo clamat, In quibufcunque tandem vos in- venero, in illis etiam judicabo. Adeo ut etiam rede vitam inftituenti, fine autem ingrucnte in vitium effufo, inutiles 296 appendix, inutiles & fruftra antea fufcepti labores, ut qui dediida ad cataftrophen fabula exors prxmii dimittitur. lUi au- tem,qui pejus etiara & difcinde nimis antea vixerit, lice- bit poftea poenirentiam agcnti de male exadtae vitx curfu diurius co quod poft poeniientiam reliquum temporis fpatio vidoriam referre. Sed hoc ut fiat diligentia plu- rima opus habet : non aliter quam corporibus quae diu- turno morbo laborarunt diaeta neceilaria eft & major cura adhibenda. Forfan enim vix poflibile eft confertim & uno quafi idu alimenta morbi praecidere. Sed per Dei poteftatero, & hominum vicinitatem, & fratrum auxi- liuro, & pcenitentiam fynceram, & curam continuam felici" tandem exiiu emendatur. Optimum quidem eft non omnino peccare, bonum vero & peccantem re- fipifcere : ficut optimum eft Temper fanum e(?e, bonum vero & poft morbum revalefcere. Deo Gloria & po- tentia in fecula leculorum. Amen. Num. V. D^ Thomas Smiths lafl Letter to the Pub' lijher^ tranfcrib'd from a MS, in the Publtjhers PoJfeJJlon^ inttiled^ A CoUedtion of Letters, in number clxviii, written to my felf by the Reverend and Learned D'. Thomas Smith, beginning Nov. $>. 1703. and ending April i. 1710. Sir, I Write this to acknowledge the receipt of your Let- ter of the 25'. Much. The Infcription ' in it I do Dot beleive ro bee genuine : but of this I am not able to I. I have publiflied this Inlcription fince in the fifth Vol, of Leland'j Itin p. 137. U. write cAppendix, ^9t write more, by reafon of the utter exftindloti of my right eye, and the weaknefs of my left : which forbids mee to make ufe of it either in reading or Writing for above 4. or y. minutes at a time : which together with an inflammation in my other ufelefle eye gives mee ex- treme great paine, and that continued : fo that 1 am forced, to obtaine fome kind of eafe, to lye upon my bed a great part of the day. God grant mee patience under, and fubmiffion to his heavenly will* So that now at laft there is like to bee a fatall interruption put to our correfpondence, on my part at leaft ; and therefore I would not have you give your felfe the trouble of writ- ing to mee, til you heare from me firft, either by a (hort letter of my owne, or by the hand of a friend. In the midft of all my paine and anguifhj I thanke God, I am not fick, and find no fymptomes of approach- ing death upon mee : yet confidering my great age, having now almoft run out the threefcore and twelvth yeare of my life (for I was borne 3. June 1(^38.) I con- clude I have not long to live, and that there may bee fome unforefeen fuddain change,which may carry mee off: My Br. told mee this weeke, that Mr. Fiiher acquaint- ed him, that his kinfman, Dr. Hudfon, would bee in London very fpeedily. If fo, defire him to come and vifit mee : for I heartily defire to (ee him arid difcourfe with him. I cannot hold out any longer. I conclude this, I feare my laft, letter to you with my prayers to our gracious andmercifuUGod to blefle you with long life, vigorous healthe, and a perpetual ufe of your eyes, ^ifce meo ex* empJo* I am, London, i. April Sir, 17 10. Your affedionate Friend and humble Servant Tho. Smith* P p This 298 appendix. This is the laft Letter I receivd from this Great Man. I. Thurf. -^^^ ^^ ^^^'^^^ London the 1 1'^ ' of May foUowmg, ^^v- between 3. and a^ of the Clock in the Jforning^as I was inform d by my Friend the Reverend and Learned Mr* Hilkiah Bedford, and was buried {as I was in- formd by the fame Gentleman^ on Saturday night . ^ immediately following in St. Anne's Church between 10, and II. Cloch Tho. Hearne. Num. VI. E Coll. MSS. Smithianis penes nos, Vol. XClIl. p. 143. Archhijbop Laud to Mr. John Greaves of Merton College, Sir, YOUR kind letter of Novcmb. i j. came not to my hands, 'til the beginning of this weeke : elfe you had certainly received my anfwer and thankes for your kindnes fooner. I fee you have taken a great deale of care about the coines I fent to the Univerfity. And I hope, as you have fecn the laft I (ent, with others, placed in their {evcrall cells refpcdivcly ; fo you have alfo Iccn their names written into the bookc, that both may be perfed: and agree together. For the placing of them I leave that wholly to the Univerfity, whofc they now arc : yet I muft needs ap- prove of the way of placing them, which you have thought on. Nor can there be any objcdion againft it, but that which you have made about the M. S. Com- mend my love toDr.Turncr and Mr.Pocock; and when you Appendix. ^9? you have weighed all circumftances, whatfbever you /hall pitch upon fliall ferve, and pleafe mee. So to God's blefling I leave yolj, and reft Your unfortunate poor friend Tower Janua. W. Cant. 13.154.1. Num. Vn. E Coll. noftrisMSS. Vol. I. p. 99. Mr, Timothy Nourfes Donation to the'UniverJity of Oxford, Mr. Timothy Nourfejwho dyed July 21^. i<^pp. gave Newent in to the-Bodlejan Library by his laft Will and Te-^'""''^' ftament, as followeth, in thefe Words : I Tern, I give to the Bodlejan Library in Oxford all my Colledion of Coines and Medalls, whether of Gold, Silver or Copper, being in all about five or fix Hundred Pieces, in thankfull Remembrance of the Ob- ligations I have to that famous Univerfity. This was faithfully tranfcrib'd out of the faid Will by me Abra. Morfe, Redor de Huntley in Com. Glouc. Gould peeces 2. White 121. That which is ahove written Copper 409. is a Copy of the Taper ^ fent by In all 5" 3 2, Mr. Morje, now in the Tu- A brafs Buckle. hlick Lihrary. P p 2 Num. $00 Q^ppendix. Num. vm. Sent me a Letter ^y A Note of the Divinhie Schoole'and Librarye "y'^"^"'^' in Oxford. tne rcre- rend and learned Mr. A B o uT the yecfc ofouF Lordc 1478. the Divi- Baker.B.D. -i^A. nitic Schoolc and Librarye in Oxford was found- ofstjohn'sed, not by one but many Benefadors: for as apery the in the Prodors Books, in the fame yeere a Statute or Decree was made by the Univerfitie, that betweene the Feafts of St, Luke and all Saynds, Solemne Dirige and Made fhould be fbunge for the Soules of John Kemp lare Cardinall and Archbp. of Canterburye, and Thomas Kempe BIHiope of London, and that they fhould be re- raembred in everye Sermon in Oxford, at Paules Crofle, and the Hofpitall in London, with this Provifoe annexed, yealding the caufe of this Statute : ** Provifo quod haec **ordinatio vim capiat & effedum, cum fumma mille " Marcarum ad aedificium fcholarum Sacrs Theologiae " applicand". fuerit plenarie Univerfitati OxonT perfo- ** luta. Et fi contingat aiiquara porcionem didae fummas " mille Marcarum poft completum aedificium hujufmodi " remanere, quod portio remanens ponatur in aliqua Ci- " fta, ad ufum Scholarium mutuari volentium." And of this money appeareth 200. Markes to have been paied and a Bonde of the Archbp. taken for the reft. At the fame tyme another Statute was made, rowching the kepinge, lending &c. of Bookes gyven to the Univer- fitie by the Duke of Glocefter. " Inprimh pro firma " & perpetua Cuftodia largilfimae & magnificentiflimas "donationiscxxix.Voluminum per SercnifsT Principem *' & Dominum Inclitiffimum Dominum Humfridum Re- " gum filium fratrem & Patruum, Ducem Gloceftria?, **Comitcm PembruchT & Magnum Camerarium Angl. ** noftrae appendix. 3c*t " noftra UniverGtati, ex fumma fua liberalltate donato- *'ruro, & quorumcunque Voluminum in futuris pereun- ** dem Sereniflimum PriDcipem donandorum, ut fiatunum '* novum Regiftrum, in Cifta qainque Clavium reponend". ** &c.** Alfb thei decreed, that within three dayes of * Simon and Judes day, a Made of the Trinitie, or of our Ladie /hould be (onge for hyra and his wieffe Elioner. Alfb a Chaplein of the Univerfitie was chofen, after the maner of a Bedell, and to hym was theCuftodie of the Librarye committed, his Stipend cvi/. and vuid. his apparell found hym eie Se&a generoforum, Noe man might come in to ftuddie but Graduats and thoes of 8. yeares coniynuance in the Univerfitie, excepte Noble^ men. All that come in muft firfte fweare, to ufe the Bookes well, and not to deface theim, and everye one after at his preceding muft take the licke Othe. Howers apoynted when they fliould come in to ftuddie, viz. be- twene ix. and xi. aforenoone, and one and four after noone, the Keper geving attendaunce : yet a Preroga- tive was graunted the Chauncellour Mr. Richard Court- ney to come in when he pleafed, during his owne LicfFe, fo it was in the daye tyme ; and the caufe femeth, that he was the cheiffe cawfer and fetter on of the Librarye ; for it foloweth : " Quam Praerogativam ad vitae termi- **num conceffit Univerfitas in favorem Mri. Ricir~ " Courtenaye nunc Cancellarii, cujus temporibus & ia- ** bore eft completa Domus." The Librarye was buylded by many Benefadors, and not by one, for the Chaplein was bound under payneof perjuryeto remember, "per- " fonas certas, quae magis funt meritas," in his Malles, whoes names are, " IlIuftrifT. Princeps Henricus Quartus " Rex Angl. & Franc7 SerenifT. Princeps Henricus Prin- ** ceps Walliae primogenitus hujus, Illuftres fibi Fratres, *' Thomas, Johannes, & Humfredus, Tho. Arundell Cant. " Arch- 302 appendix. " Archlepifcopus, Philippus Repinton Lincoln": Epifco- " pus, EdoT: G)mes Marchiae, & Mr. Richardus Court- " ney." More Rules and Ordinaunces are fett downe, towching this Librarye, but theis be the cheefefte. Worthy Sir, That I might not fend you an empty Letter^ I have copied out this Taper, How it agrees with your aC' counts, or whence it was taken, I cannot ftirely faj, hut it was copied out ( with other Antiquities ) hy Matthew Stohys a puhJick, notary^ and Regr\ of this Univerfity under lt4. Eliz. and fooner. I f'ufpeB it to he taken from Archhifjop Tarker's MSS- where I re- member to have met with fomewhat very like it, if not the fame. * * ^ * * * ^ *********** ** *>^* Num. IX. E Coll. noftris MSS. Vol. LVTi. p. \6\, CoUeUions relating to the Div. Schoole and Library of thelJniv. ofOxon, "written by Dr. Langbaine. TH O. Kempe Epifcopus LondoiT conftruxit Scholae Thcologicx Atrium, Cathedram, valvas, turriculas &c. Scholam etiam voltavir, & lapide quadrato abfol- vit. A. 147 <^. Ed. 4. 16, Redintegravit hoc opus Epifcopus Londotr,inchoatum ante, & derelidum ab Acadcmicis, annos fere 60, Academici per literas repetunt ii rege Latomos, quos Epifcopus Wintonicnfis avocarar, ad perficicndum sedi- ficium Vindclcloriae cceptum. Jo. Tibtoft comes Wigorniae & Humfredi Gloc. fuc- ceflor. appendix. ' 303 ceflbr, cum effet Patavii, libros quofdam polHcitus eft Acad. OxonT quorum indices ad eos mifit, quos illi ad quingentas marcas sftimarunt. Sed decoUatus poftea, non praeftitit quod promifit. Georgius Nevillus Archicpifcopus Eboracenfis poUici- tus eft, (e recuperaturum libros comitis Wigorn. Academia fcripfic G. VVikham Epifcopo Winton. ut illis accommodaret machinas,quarum ope SchoIamThe- ologtcam voltis & fornicibus exornarenr. Bibliotheca Oxon, hos habuit Benefadores, Henr. 4, Henr. Principem ejus filium, itemque Thomam, Joan- nem, Humfredum ejus fratres : Tho. Arundel Archiepif. Canr. Philip. Repington Epifcopum Lincoln. Edra. Co- mitem Marcias, Ric. Courtney, Ric. Lichefilde Archi- diac. Middlefexia?. Humfredus donavit Acad. Volumina I2p. Ric. Liche- filde 100. vol. Anno 141 2. conftituitur capellanus & cuftos Biblio- thec3e. Ex Regiftris publicis Academiae. Anno I44p. 24. Od. deliberatum erat quod fieret reparatio Librariae ex fumpribus Univerfitatis. 145'!. Supplicat venerabili Congregationi &c. W. Farby quatenus 6. anni in Philofophia, & 2. in Theolo- gia fufficiant ei ad eflfedum, quod poffit intrare ad Li- brariam, non obftante ftatuto. Hac gratia concejja eft^ "^ fuh conditione quod [olvat \od. Eadem gratia conceflTa eft Tho.Dando, fub conditione quod cedat magiftris fi els placuerit. 1J13. Eledio Capcllani Univerfitatis per Commifla- rium, Dodores, Magiftros, & alios. I5'r3. Supplicat magifter Adam Kirkebek Capellanus UniverC quatenus gratiofe difpenfetur cum eo, ut non teneatur aperire oftia Hbrari^e Univerl.ante horam 12. in diebus feftis. lyi^ 304 appendix. Bc. jurif If 1 5'. Supplicat &c. D. Tho. Nicoh haccaJaureus cUm hl"-^ Juris, quatenus poffit intrare librariam UniverJ. fine ^""- hahttu caufa ftudendi. Hasc gratia eft conceda fie quod non inducac (ecum plures Scholares,& cau(a non fit fida. ijif. Sup. &c. D. Jo.Babham Baccalaureus facultatis Artiura, quatenus polEt intrare librariam Univerf. fine habitu fuo. ConceflTa cum conditione, ut folvat 4ther 255. change of Arms for fuch as are unlawfull ib. Arms grant- ed the Clergy ought not to dcfccnd to their children ib. when the long robe began firft to have Arms 256. See Motts. ^rpendiam or .^rvipendittm 6j Arundell (Tho.) 301, 303 ^pach the word 211 Aflerius Mencvenfis 36, 38 ftrange that he fhould fay nothing of K. Alured's divi- fion of England into fhires, &c. 38 Auguftin (S.) 55 Auguftinus (Ant.) 168 Aukflowe (William) 241 304 300 20S B Babham (Tho.) Baker (Thomas) Baldus Banners. Su Arms, Bardl among the Britons 100, 218. 5'M Earth. Barockfliire orBarkfhire jo, ftv- Ic'd INDEX. led Satraph m fome Writers Bufh 36. the nature of the foil, <;o Byrd (Will.) Barons, the Etymologie and O- riginal of them 105 Barth or Bardd 209, 216, &c. See Bardi. Bartolus 234, 256, 2<(7 Baftardes bearing Armes 232 Bede 152, 167 Bedford (Hilkiah) 298 Bedford (John Earle of) a re- markable inftance of his opi- nion oftrayterous villains I03 Belencomber 167 Belleforeft 20, 21. guilty of great Errors 22, 23 Bernard's Inn 124 Bernard (St.) 144 Berofus 170 Birkhead (Chriftopher) 278 Birkhead (Gabriell) 279 Black Book of the Exchequer ^S, 30,31,75,80 Black Book of the order of the Garter 272 Bodetun 14 Bohun. See Stafford. Boniface or Winefrid 152 Bovata urra, or an ojfgang of Land (58; 78 Rrafton 68 Brawghton (Mr.) 45 Brinkeland the Chronicler of St. Edmond's Bury 106 Brifonius 167, 176, 177 BiiftoU 304 Britons (the ancient) many cu- rious particulars about, them 209 Brooke (Leonard) 278 Buckinghamfliire, the nature of the foil, fo 307 179 280 Caefar 33, 150, 1^8, l^^, iB5, 187, 188, 191 Caius. r>VcJofephus. Calatravenfes miUttt 1^6 Camden (Mr.) the Antiquary 34;,35> 38, 63S5, 14?, 157, 163, 1^5, 205. his Will 277 Cam'den (Mr.) of London,Silk- man 278 Camelon (the city of) % Camuladunum ^3 Canterbury, a paflagc out of a Regifter of that Place, relat- ting to the Saxons coming into Britain 159 CarucatA 68, 75, I So Cafilnxus or Caffanxus I42j I43j M5>*34 Cafliodorus i^^y'^lj Caftles, their Etymologie,Anti- quity and Privilege 166 Catullus 351 Cemr;< what ^78 Cenulfus, a peicc of a Charter of his I 3 Chamberlaine (John) 179 Chamberlaync (the Lord) ap- pointed to fee the Herauldes Fees payed 251 Chancelor of England, the An- tiquity of that Office 398 Chancery lane, corruptly fo call- ed for Chancellor's Line 11? Chaucer (Geffrey) 98,118 Chertfcy Abbey 29 Clnrtfey (liber de) 45 Chefterton (Rofe of) 60 Qjj 2 Chio- 3o8 I N D Chronicle (a. French) cited of the Abbey of St. Maiycs in York 119 Cicero 131. ft* Tully. Cities in England, the Anti- quity of them 6i, ^3 . more cities, towns, and villages in England in old time than there are now 62. 5lfe Town. Clapham (Mr. John) 1^3, 16^ Clements Inn 1 1 4, 1 2 1 ClifFord's Inn 1 1 1 , 1 1 4^ 1 2 1 Cnute (K.) divides England in- to four parts 38 Cold harbard or Cole harbour houfe 243 Colcvile (Mafter) 278 CoUicipium what 206 Columella 176 Comenius ^4 Comes (Natalis) 56 Confonants not doubled in former times 177 Conftable (the) is Judge of the Officers of Anns 251. The Conftable and Madliall's Courte are faid to bee all one 159. The Conftable andMar- {hall have a Lawc by them- felvcs,and the CommonLawe is to take notice thercofjthat Lawe being the Civill Lawe which alloweth and ufeth im- prifonmente ibid. Cop (Mr.) 76 Cortan /(eg, without any other Adjunft, often fignifics the King's-bench 60. coram I{tge tjr cmcilio often taken for the Chancciy ibid. Cotton (Mr.) 76 Cotton (Sir Rob?rt) 166,174, E X. 178, 182, 279 Courtney (Richard) 30T, 302, Crantzius (Alb.) 17,189 Cromer 171 Cuic in Devon (Priory of) 14 Dah. Stt Howcl. Dandus (Tho.) 303 Dares Phrygius 82 Daughter. How the daugh- ter, heireto her mother, the firft wife, may ufe her father's Armes when her father had a fonne by the fecondwife 236 Deincourt (Lord) 235 Derbyfliire, the nature of the foil, ^o Devonfliire, the nature of the foil, 49 Dimendons of the Land of En- gland 64, &c. See Land. Dion Ciffius 33j34 Dionyfius HaIicarna{r,86,9T,93j 94,95,270 Dijieitif tlieword, 211,218 Dodderidge or Dod ridge (Sir John) 66, 269 Domefday, or Domefdei, book M, iS, 39, 73, 74,75376,77, 79, 180 DorfetOiirc, the nature of the foil, 50 Dragon, one of the Regal fup- povtcrs formcrly,whcnce 189 Driver 279 Druidiff Drwdei or Druids 209, 212. they held it unlawfull mandare all quid littrls t 5 o Dufleus or Duffleus (Kllianus) 67,269 Dun- I N D Danftaple (the book of) 72,77 Dyfhwal Moel Mvd 113 Edmondsbury (St.) a large paf- lage about fhires outof aMS. of that Monaftery 40 Edward the Confeffor's laws 9, II Edwardi Sen! oris Leges 45 Elliot (Sir Thomas) 164 Ely (the book of) 135. a book called }{eJiauratio ecclefite de Ely 76. a Regifter book of Ely 78. a paffage out of a book of Ely, about the Saxons coming into Britain 158 England (the Antiquity of the Laws of) I, &c. Epitaphs, about them zoi Elchequier, the mother Court of ail the other Courts of Re- cord 106 Efcuagc, upon what occafion to be paid 161 Eulogiuntf a MS. fo called, 59 Euftathius 93 Eutropius 3 3 Farby (W.) 303 Fawlcon Herauld 241 Fawley 276 Februarius (the month) 5 5 Feild 278 Ferettus (Julius) 167,172 Fcrling 78 Fineux 48 Fifher (Mr,) 297 Flaminet 209, 215 Fleetwood it5 E X. 309 Florentius Wigornienfis 36 Foot 66 Forefta i^^t&c. Fortefcue(Sir John) 1,11 1,1 1 3, 114, 130,132. a grave and expert Judge 134. miftaken 3. only chief Juftice of tlic Bench, and not Chancellour of England 112. yet Mr. Whitlock calls him Chancel- lour of England 130 French language ftrangely al- tered 131,132 Froiflard 89 Frontinus 179 Furnival's Inn 124 Garter principal K. of Arms, an ordinance concerning him out of the black book of the Order of the Garter 272 GefF.Mon. 188,189,191 Gellius. See Agellius. George's (St.) Inn 114,123 Gervafius Tilberienfis 69 Gildas ifo, 160 Glanvil or Glanvile ( Ranul- phus) 2 5> 57) 58, 106 Gloucefterlhire, the nature of the foil, 49 Glover (Robert) 236 Godwin (Tho.) 278 Goropius 95,152 Greaves (John) 298 Gregorius Turonenfis 88 Grevill (Sir Foulke) Ld.Brooke 273 Grey's Inn 120 Groveley (Foreft of) 197 Giutcrus (Janus) 278 Hakewill 310 I N D H Hakewill (W.) I Hallye (Thomas) i75 Halton (John) Z79 Hampton'iM muttith 167 Harding Z79 Harley 121 Harrifon 38 Harvey (Richard) iSo Harvie 278 Hatton (Lord) 205 Heather (Wm.) 279 Henry firft's Laws II Heralds in England, their An- tiquity, Office and Privilege 81, &c. 130, 269, eJ^c. The favorable graunts of Princes to them 244. Fees of Heralds in the tyme ofKinge R. 2. & E. 4. 244. New yeares guifts to the Heralds 249. General He- ralds in divers Princes times 261 f/erewardM, the book de gtjiis ejm 135 Herodet a word made ufe of for Haroldi or Heralds, by Roger Wall in his Hift.of Hen.V. 82 Herodotus 169 Hida or hide 6?,^9j7j,i8o. the word hide in no other lan- guage but our own 73 Hide Abbey 64 Higdon orHigden(Ran.) 38,39 Higinus 1 79 Hilton (John) 280 Hippolytus. f^/tfcjofephus. Hochepott a corruption for H'm- fpott xSj Hocl. 5ee How el. E X. Hocfchelius t3r, e&'f. Holinflied. Sit Hollinnied. Holland (Jofeph) $2,62,64,97, 127, 154 Hollinlhed, Holinflied or Hol- lingdied 39,52,62,63, 162, 163 HoUyes 125 Homer 86, 93,94 Hopkins (Richard) 279 Horace 173 Hotoman 177 Hovedun 147 Howel or Hoel Dah's laws 7, 2ir Hiidfon (Dr.) 297 Humfr. Duke of Glouc.3oo,3oj Hungcrford in Berks 205 Hungerford (Robert) his Epi- taph ao3 Hunt (John) 75 Jerufalem (Knights of St. Johns of) ii8, 146 Inch 66 rngulfi4t, five Ingulphuty Croylan- denpi 36,47,101, 135, 177 Inn. See New. Inns of Court, and of Chance- ry, their Antiquity and Privi- leges io5,^c. Inns of Court fo called from theGentry and Nobility's being inftruftcd there in order to ferve the Courts both of Juftice and the Kings palace 11 1. The greater Houfes of Inns of Court were feminaries to the Court 113. Inns of Chance- ry were feminaries to the Inuk 1 N D Iiins of Court ibid. Imenmncii what 103 Johnfon'sinn 109 Jones (Mr.) zii Jofephij five Caii^ vel Jntius Hip- poly ti fragmemum -afe* t? ^ymt- lif etf-ncti, in quo de Hdde agi' tur, z8r. jovius (Paulus) 183,185 Ireland 279 Ireland King at Arms 241 Ifidorus 166, 175, 176,1773205 Ifland of the diveriity of Names of this Ifland 149, &c. \6z Judge. of the choice of a Judge 133 Jugatio 67 Jugum vtljugtr 77 Juliui hojj'e or Julius hallfL judge- ment-hall fo called, built by Julius Caefar 5 Juftice the ancient chief Juftice of England had his place and voice in the Ex- chequer 60 Juvenal 140 Kemp (John) 300 Kempe (Tho.) 300, 302 Kenelm the Martyr 202 KyifVKii 85, 86 J^ngfion (Johatmei de) 273 ^rma illi concejja per E^gem J{. z . ibid. Kirkebek (Adam) 303 Kirton in Devon formerly a City 63 Knighthood, of the diflereiit kinds of it 141 E X. Knighton (Henry) 75, 79 Knights Fee 65, 69 Knights made by the Abbots,an account of them 135, &c. Kniveton (Saint Loe) z7i37 Man (Mr.) an Herald flain by the Rebels of Norwich, 103 Manwood (Sir Peter) 279 Marcellinus (Aininianus)87,i6^ Marcellinus (Nonnius) 94 Marfhall hath power of Lnpri- fonment 157. Things done out of the Realme are to be tryed before theMarfhall 261 Marfliallfea 258 Mary C^of Scots 184 Mephain (Simon) 27 Merlin i83 Merlin Ambrolius 217 Merlin Silvefter 217 Mcflengers (foraigne) of every degree how they muft be re- ceived 2^2 Mints in England 63 Moel Mvd's Laws 213 Molcafter 1 1 1 Mone or Anglice (the Ifle of) 214 More (Sir Thomas) 124. con- founds a proud Doftor 1 1 1 Morle (Abra.) 299 N D E X. 279 Motts, about them 104. Anti- quity of Motts and Words, with Anns of Noblemen and Gentlemen of England, i8i Mot\vorth*s Inn 114 N Nennius 150 Nevillus (Georg.) joj New Inn 123 Nicholfon (Giles) 278 Nicols (Tho.) 304 Normans really Danes 9,10 Nottingham iWre, the nature of the foil, 50 Nourfe (Timothy) 299 Number (Englifh) 74. Norman number ibid, NHncius what O Occo Olaus Magnus Oldfworth (Mich.) Oldworth (Mr.) Orofius Orphei Argonautica Ortelius Ofitey {mmitiA cantpanartm de) 305 Ovid 86, 2^7 Oxford, the Scholars of that Place had the principality of any houfes there before any fecularmen 129. Mota Oxen- ford 167. A note of the Di- vinitie Schoole and Library in Oxford 300. Colleftions relating ro theDiv. Schoole and Libraiy of the Univ. of Oxon. 302 Oxfordlliire, the nature of the foil, 50 Oxgan or Oxgang 63, 79 1 01 1 63 11 280 i6z I7i 150 163 I N Pagt what 177 Papinian the great Lawyer fent into Britain 4 Paris (Matt.) 11, za, 69, II f, 14? Parker (Archbifhop) 30Z Parker (James) Z74 Paul Bin: op of Burgos 89 Peccham ^43 PtUli exittit, an old record fo called 83 Perch or Pearch 6^,66 Perfius %o6 Philelphus Z39 Pifts Wall 170 Piercies 304 Pitt (Sir William) 279 Plato 28i,z84, 2 ,91, 293 Plinie 163 Ploden or Ploydon 67, 1Z5 Plutarch 93 Pocock (Mr.) 298 Polybius 150 Pomponius 175 Porphyrins 160 Poftellus 178 Prices of things temp. E . 4. not D E X. Rjanulf of Chefter 6z I{afta TatiOf a booke fo entit.164 RawHnfon' (Rich.) 304 Reading (the book of) 136 Red book of the Exchequer 16,17,138,142, 161 Redman (Dr.) 74 Repinton five Repington (Phi- lippus) 302, 303 Rhodes (Knights of the) 146 Richemond King of Armes in the tjTne of H.7. being now but anHcrauld of Armes 265 Rochefter, a paflage out of an old Regifler book of that Place 161 Hoda terne Rofinus Rufus (Sextus) 313 above one third part of what they are now 249 Prifot 69 Purlt the word 197 Purfevantes at Armes made Knights 241 Quadrilogus 1 47 Quarerttente I So Quarry (Abbot of) 65 R en I7?,i3i 34 Ramus (P.) 169, 211 Sarisburicnfis 142,143,147 Satrapia the fame with Comhatut 36 Saxon Coyns very barbarous 12 Scaliger 177 Scrop houfe 125 Selden 279 Selion of land 68,1 So Serjeants at Law, the Fees they ufed to pay at their taking their Degree in Law accord- ing to Fortefcue 132. the ex- cellencies of the degree of a Serjeant 133 Serjeants Inn 12^ Servius 54^95 Shaieftoun in Wilts, whence fo called 47 Shiies, their Antiquity 29, e^c. The woid//&;Ve, according to R r foir.e. 314 I N D foine, fignifies plain or cbam- fion 43, 46. but wrong 46. certain quillets fometimes in one {hire, which are really parcell of another 50 Siculus Flaccus 179, 180 Sigonius i56, 207 Smith (Dr. Thomas) 277. his laft Letter to the Publiflier, giving an account of his ftatc of health at that time i()6 Solin 74j 78 Somerfetlhire,nature of the foil, 49 Stafford or Bohun (Edward) the laftConftable of England 257 ScamfTord 261 Steeples. Set Towers. Sterling in Scotland corruptly fo called for Striveling 20,24 Sterling money, Account of it ly, &c. Stokys (Matth.) 301 Stow (Mr.) 14, 122, 123, 127 Strand Inn 114 Suetonius 33,93,95 Suidas 94j 170 Sitmma B^ftUa, a book fo called Sylvius (ineas) 81, 88 Tabor a coat of Armour i oi Tacitus 33)35j 150,168 Talbot (Mr.) 43 Talioflln 2 1 7 Tate (Mr.) 138, 209, 212 Temple (the new) 117 Templets very poor at flrft 128 tho* very rich afterwards ibid, they arc fuppreflcd 128. when E X. the Order of the Tcmplers began 1 45 Temples (the two) 127 Terminus (the God) 5$ Terms in England, their Anti- quity 52, &c. Theutonlci militu 1 46 Thomafius (Tho.) 164 Thrimfe a Saxon Coyn of the value of 3;/S. 13 Thucidides, a very old comment upon him "found in Paul's Church London, in which an Account of Heralds 8 1,82, 88 Thynn (Francis) 10,33,54,108, 230 Tibtoft (Jo.) Tilberienlis Tilius (Johannes) TiUet Tiraquellus Totnes in Devon, the firft city of name in England 6z Towers or Steeples with Bells, their original 171 Towns, their Antiquity,Etymo- logy, and Privilege 174. a town or city could not be built in former time without the licence of the King 177 Traytors, no law of Armes to be kept with them 103 Tully 95,206,270 Turner (Dr.) 298 Twyford in Berks 5 1 302 loi 193 93>95 171 Valla (Laurentius) Varro Vau?han (Hugh) yea. for yi* 166 56,67, 175 T77 V'ellcius I N D Velleius (Andr.) 206 Vigener 93 yUa and veil* for vlU* 177 Virgata. terra 68, 69, 78, 1 80 Virgil 7 1 Virgil (Pol; a^, 157 Vitruvius 169,170 Vopifcus 3 5 Upton, an aancient Herauld, 240, 241, 242. obfervations out of him about Heraulds 243 W Wall (Roger) author of a La- tin Hiftory of the warrs of Henry the V. 8i Wallingford 1 67 Walfingham 10,57,110,119 Yard Wanatinge 36 Yard land Welham (Tho.) 280 Weftminftcr (Matthew) 38,47, Zenophon E X. 189, 190,199 VVhear (Dcg.) z8o Whitlock <)Of 129,275 Wikham (G.) 30J Willeram 88 Willis (Browne) 276 Wilts, the nature of the foil, 50 Windfor Herauld 241 Windfore (Andrew) Nbrrey rex ^rmorum 83 Winefrid. 5ee Boniface. Wife (John) 279 Witlefey (Walter) the Monk of Peterborough 32, 72, 75 Wriotheflyc (Sir John) 274 Wyatt (John) 278, 279 3IT 66 168 Openim Si6 Operum noftrorum haClenus im- preflbrum Catalogus. I. A iV Index of the principal T a ff ages in Sir Roger 1%. L'EBrange's Tranjlation of Jofephus into En- ghjh. Lond. 1702. fol. Hc verfio deinde in 8vo. prodiic una cum eodem noftro Indice. II. Reliquiae Bodlejanae: Or ^ fome genuine Remains of Sir Thomas BoMey. Lond. i^o^. 8vo. Ex Autographis. Ptelo mandavit Amicus quidam Londinenfis, ad quern Apographum miferam. III. C Plinii Caecilii Secundi Epiftolae & Panegyricus, cum variis Ledlonibus & Annotationibus. Accedit vita Plinii ordine chronologico digefta. Oxon. e Th. Sheld. 1703. 8vo. IV. Eutropii Breviarium Hiftori^s Romanoe, cum Paea- nii Meraphrafi Graeca. MefTala Corvinus de Augufti Pro- gcnie. Julius Oblequens de Prodigiis. Anonymi Oratio Funebris Gr. Lat. in Imp. Fl. Conftantinum Conftantini M. fil. Cum variis Ledionibus & Annotationibus. Oxon. e Th. Sheld. i'"03. 8vo. V. Indices tres locupletiflimi in Cyrilli Hierofolymi- tani opera Gr. Lat. Oxon. ^ Th. Sheld. i^oj. fol. ad finem Cyrilli operum. VI. Dudor Hiftoricus : Or^ afhort Sy/iem ofUniver- Jal Hifiory^andan Tntro^uRion to the Study of it. Vol the fir (l^ in three Books^ containing^ I. y4 Chronology of all the mofi celebrated Terfons and Anions from the Creation to this Ttme. To which is premifed an Expli- cation of Terms ^ and otherTr^cognita. II. An Intro- duSiion to Hi/iory. Wherein an Account is given of the IVritings of the ancient HiBorianSy Greek and Roman ^ with the Judgment of the bejl Critick^ upon them. To- gether get her with an ample ColkSikn of EngHJh Hiftorians. III. jd Compendious Hijiory of all the ancient Monarchies and States from the Creation to the Birth ofChriJi, Lond. I'joy. 8vo. the fecon J Edition. Prodiit item, me infcio, anno 1714. Ad primam editionem quod attinet, alter! cuidam omnino ilia eft adfcribenda. Qain & duo primi libri in fecunda & tertia editione funt item al- terius cujufdam audoris, qui & Prasfationem fcripfit. Librum autem tertium ipfe contexui, veterum Hiftori- corum, Infcrlptionum, Nummorum, aliorumque monu- menrorum antiquorum auftoritate nixus. VII. Dudor Hiftoricus : Or, a Jhort Syjiem of Uni- verfal Hiftory. Vol. the JeconJ. Containing a compen- dious Account of the mofl confiderahk TranjaSiions in the WorU, from the Birth of Chrifl to the final T>ecay of the Roman Monarchy ^ and the Efiablijhment of the German Empire by Charles the Great : In three Books y viz. I. A Series of the Succeffton, and a Hiftory of the Reigns of all the Emperors^ from the Birth of Chrifi to the Removal of the Imperial Seat to Conftantimple. ir. The fucceflion of the Emperors, continued from the Tranflation of the Empire .^ to the Reign of Charlemayne. III. The HiHory of Ter/ia under Tarlhian Kings, and the Ter/ian Race reBored, to the 'Deftru&ion of that ^JMonarchy by the Saracens : The feveral Kmgdoms ereEied in Europe^ bj the Franchs, Saxons, Goths, Van- dals, &c. and their refpeSitve Succeffions : The Life of tJMahomety and the Succefjion of the Saracen Caliphs : Together with an account of the Foundation of the moji confiderahk Cities, Sec, for 800. Tears after Chrifi, voith other Mifcellaneous Things, not mentioned in the Courfe oftheHiflory. Oxon. i^o^. 8^0. ^ prelo Lichfeldiano. Prodiit eriam Londini, clam me, an. 17 14. Tertium vo- lumen me editurum eiTc in Prasfatione monui. Qu^era in 317 318 in finem muka ex optimae notae libris coUegerano. At quo minus pergercm impediit PufFendorfii Introdudio- nis verfio Anglicana, (juae ab eo feculo exordium ducit quo definit volumen fecundura, & ad noftra ufque tem- pora (erie continua hiftoriam deducir. VIII. Index to the four Tarts of Dr. Edwards's Pre- fervative againjl Socinianifm. Oxon. 1704. 4to. e prelo Lichfeld. Ipfius audoris rogatu confeci. IX. Index to the Lord Clarendons Hifiorj of the Re- hellion. Oxon. e Th. Sheld. 1704. fol. Alias item exftant editiones turn in fol. turn in 8vo. Hanc opellam navavi rogatu clarlflimi dodifEmique viri, Henrici Aldrichii S.T.P. iEdis Chrifti Decani. X. M. Juniani Juftini Hiftoriarum ex Trogo Pompeio libri xLiv. MSS. Codicum collatione recogniti, annota- tionibufque illuftrati. Oxon. ^ Th. Sheld. 1705'. 8vo. XI. T. Livii Patavini Hiftoriarum ab urbe condita li- bri qui fuperfunt, MSS. Codicum collatione recogniti, annotationibufque illuftrati. Oxon. ^ Th. Sheld. 1708. fex voluminibus in 8vo. XII. A Letter containing an account of fome Anti- quities between Windfor andOxfordy with a Lift of the feveral Ti&ures in the School Gallery adjoyning to trie Bodkjan Library. Edidit amicus quidam ( ad quern fcripferam) Lond. A. D. 1708. in libro nimirum mif- cellaneo (in 410.) cui tit. The Monthly Mifcellan-jy or Memoirs for the Curious. Exftat etiam alia editio, au- dlior & emendatior, omifib tamen Pidurarum Catalogo, (quem calamo quoque correxi,) ad calcem Vol. quinti Itinerarii Lelandi. ^ XIII. The Ufe of Lylfred the Great, by Sir John Spelman, Kt. Tubhjhed from the Original MS. in the Bodkjan Library. To which are added many Hi/iorical Remarkjy and a 'Difcomfe upon an old Roman Infcri- ptiort 319 pilon lately found near Bathe. Oxon. h Th. Sheld. 1710. 8vo. XIV. The Itinerary of John LeJand the Antiquary^ in IX. Folumes 8vo. Tuhlifhed from the Original MSS. and other aut hen tick Copies. Oxon. h Th. Sheld. 17 10, 1711,1712. NB. This Work, which is very fcarce, there having been only an hundred and twenty Copies printed, viz. 12. in fine, and 108. in ordinary, Paper, is adorned . with divers curious 2)ifcourfei and Ohfervations, partly written hy the Tublijher himfelf\ and partly hy others. XV. Henrici Dodvvelli de Parma Equeftri Wood- vvardiana Diflertatio. Accedit Thomas Neli Dialogus inter Reginam Elizabetham & Robertum Dudleium, comitem Leyceftriae & Academiae Oxonienfis Cancella- rium, in quo de Academiae iEdificiis praeclare agitur. Oxon. h Th. Sheld. 17 13. 8vo. E Codicibus MSS. edidi, quos & fumma cura recenfui. Libro huic Operum Dod- welli editorum Catalogum praemiG. XVI. Joannis Lelandi Antiquarii de rebus Britannicis Collei9:anea. Ex Autographis defcripfi edidique. Quin & Appendicem fubjeci, totumque opus (in VI. Volu- mina diftributum ) notis & indice adornavi. Oxon. ^ Th. Sheld. 1715:. 8 vo, Non plura quam centum quin- quaginta (ex exemplaria imprimenda curavimiis. XVII. A6ta Apoftolorum Graeco-Latine, litteris majuf- culis. E Codice Laudiano, charaderibus uncialibus exa- rato, & in Bibliotheca Bodlejana adfervato, defcripfi edi- dique. Symbolum etiam Apoftolorum ex eodem Codice fubjunxi. Oxon. h. Th. Sheld. 1715". 8''o. Centura vi- ginti duntaxat exemplaria excudimus. XVIII. Joannis Roffi Antiquarii Warwicenfis Hiftoria Regum Angliae. E Codice MS. in Bibliotheca Bodlejana defcripfi, notifque & indice adornavi. Accedit Joannis Lelandi Antiquarii Naenia in mortem Henrici Duddelegi Equitis ; 310 Equitis ; cui praefigitur Teftimonium de Lelando am plum & praeclarura, hadenus ineditum. Oxon. h Th. Sheld. 1716. 8^0. Sexaginta tanmmmodo excufa funt exem- plaria. XIX. Titi Livii Foro-Julienfis Vira Henrici quinti, regis Angliae. Accedit Sylloge Epiftolarum, k variis An- gliae Principibus fcriptarum. ECodicibus calamo exaratis defcripfi edidique. Appendicem etiara Notafque fubjeci. Oxon. eTh. Sheld. 1716. 8vo. XX. Aluredi Beverlacenfis Annales, five Hifloria de Geftis regum Britanniae, librisIX. ECodice pervetufto, calamo exarato, in Bibliotheca Viri clariffimi, Thomas Rawlinfoni, Armigeri, defcripfi edidique. Quin & Prae- farione, Nods atque Indice illuftravi. Oxon. ^ Th. Sheld. 1716. 8vo. Centum quadraginta odo folummodo exem- plaria (unt impreffa. XXI. Guilielmi Roperi Vita D. Thomas Mori equitis aurati, lingua Anglicana contexta. Accedunt, Mori E- piftola de Scholafticis quibufdam Trojanos fefe appel- lantibus ; Academiae Oxonienfis Epiftolae & Orationes aliquammultiE ; Anonymi Chronicon Godftovianum ; & feneftrarum depidarum ecclefiae Parochialis de Fairford in agro Gloceftrienfi Explicatio. E Codicibus vetuftis defcripfi edidique, Notilque etiam adornavi. A.D.i7i(^. gvo. Neque hujus quidem libri plura quam centum qua- draginta o6to exemplaria funt excufa. Inrer alios li- bellos rariffimos (nee fas eft hoc praeterire) quos pro egregia fua humanitate mihi mutuo dedit Thomas Raw- linfonus, Armiger, vigilantiflimus peritiflimufque ille fu- pelledilis librarias collcdor, nuper reperi Epitaphium Stephani Gardineri Epifcopi Wyntonienfis, audore Jo- anne Morrenno five Morwenno, odto fcilicet paginis conftans, excufumque (in4to, } Londini A. D. ifjf. Maria regnante. Simul atque in illud incidere contigir, fumma 321 (ummacum voluptate legi. Nam antea non videram. Nee quidem unquam confpexit Woodius nofter, utcun- que his in rebus diligentillimus. Adeo nimirum rarura eft, ut pro gemma jure merito fit habendum. Quum vero in eodem praeter alia Roperi noftri mentio fiat, non ahs re fore vifum eft hic loci carmen integrum infe- rere, praemifTa etiam narratione quam de Morrenno litte- ris mandavit & in lucem publicam edidit Woodius. ATHENJE OXON. Vol. I. col. 67. John Morwen, or Morenus as he writes himfelf, was a 'Devonian born, admitted Scholar of Corp. Chr. Coll. 23. Feb. i^T* and afterwards Fellow, and Mafter of Arts. About which time entring into holy Orders, he became noted foon after for his profoundne's in Divinity, and his great knowledge in the Greek tongue, being iti the latter end of King Hen. 8. Reader thereof in his Col- lege, and a private inftruder of Johnjewell, though af- terwards a hater of his Opinions. In i')$i. he was ad- mitted Bach, of Divin. and about the fame time ftudied Phyhck, as having no good willies for reformation, which tended to the ruin (as he thought) of the Church. He is ftiled by a learned ' Author, not of his opinion, to be hojm Grace doSius^ Jed idem Gracorum more leviculus ^ bibaculusy &c. Afterwards he was patronized in his ftudies by ff^tU. Koper, Efq. whofe Daughter, by Mar- garet his Wife, (Daughter of Sir Thomas More) he in- ftruded in the Latin and Greek tongues. He hath writ- ten feveral things, but whether extant, I know not. A- mong them are, Epifiola ad T>. Will. Roperum. Epitaphia diverfa. Opufcuia Grace 1^ Latins. Written with his own I. Latir, Hum^h. in Vita Joh. Jnctli, p. i/. S f band. 322 hand,and faid * to be (tho* I cannot yet in all my fearches ' find them) in the Bodleian Library ^ He alfo tranflated into Englifti feveral of the Greek and Latin Orations, made by the faid Daughter of Will. Roper ^ as by his E- c!ar.i;;i. pjftles it appears. What became of this Job. Morwen when Qu. Elizabeth came to the.Crown (if he lived to that time) I cannot tell, unlefshe was received into the Family of the (2.1^ Roper a great lover of learning, and a reliever and comforter of diftreffcd Catholicks. Reverend! in Chrifto Patris Domini Epifcopi Wyntoniensis dodtoris Gardineri Angliae Cancellarii Epitaphiiim, Joanne MoRRENNO Collegii Corporis Chrifti fbcio authore. L N D I N I Ex sedibus Robert! Caiy. Menfe Novembris. Anno falutis. ifyy. ;Ume tibi pullas, & nigras, Anglia, veftes, Occidit, heullumen, gloria, laufque tua. ]|^ Concidit ingenti ludu dccus omne honorum : '^^ Concidit & virtus non revocanda prccc. Concidit & fidei turris firmiflima ccnz: : Sincerae vitae clara columba iace^ Concidit ingenii cultura fubtilis acumen : Jamque minus Mufis roboris efle puto. Jam Charites dockx, pursque folertia lingua: Interiit, lacerat cafta Minerva genas. Famaque juftitis rotum celcbrara per orbem Conticuir, tenebris occuluitque caput. - *. T. Ra:>. Hf^e in fifcourfeSi written ly eminent Antiquaries upon fever al Heads in our EnghJIj Antiquities, and novo fir ft puhlijhed chiefly for the ufe andfervice of the young Nobility and Gentry of England. Oxon. ^Th. Sheld. 1-720. Svo. F / N / S. Ad^ertifement. THE firft Payment for this Book to Sub- fcribers was feven Shillings and fix Pence the large, and five Shillings the finall Paper. The fecond Payment is to be the fame with the firft. The Pubhfher is now printing in 8^. that moft famous ancient Monument, called, Textus J{(ffenfis, To which will be added, A Dif" courfe^ written before the late Civil Wars, about the jintiquities of Oxford, The Price of this Work will be twenty Shillings the large, and ten Shil- lings the finall Paper j whereof half is to be paid at the time of Subfcribing, and the reft when the Copies are deUvered. Subfcriptions are taken in either by the Publifher at Edmund- Hall, or by John Ranee at the Theatb r Printing Houfe in Oxford. May, 24. 1 720. 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