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 7r
 
 THE 
 
 DIFFERENCE 
 
 BETWEEN AN 
 
 Abfolute and Limited 
 
 MONARCHYj 
 
 As it more particularly regards the 
 
 English Constitution. 
 
 Being a Treatise Written by 
 
 Sir John Fortefcue ^ Kt. 
 
 Lord Chief Juftice, and Lord High Chancel- 
 lor oi England, under King HenryYl. 
 
 Faithfully Tranfcribed from the MS. Copy in the 
 Bodleian Library, and Collated with three other MSS. 
 
 Publifh'd with fome REMARKS by 
 
 Sir John Fortescue- A land , Kt. 
 One of the Jufticesof His Majefty's Court 
 of Kings-Bench. 
 
 The Second Edition with Amendments 5 and a 
 Compleat I N D E X to the whole Work. 
 
 L a N D A'; 
 
 Printed by W. Bo\rYER in If^hite-Fryars^ 
 
 For E. Parker at the Bible and Crown in Lombard jireet^ and^ 
 T. Ward in the Inner-^emple-laKe^ Vji^l'"^'^"-^ 
 
 868G6 . ,
 
 Th^ Dedication. 
 
 I think of any other , the 
 World would charge me, 
 with being .abfurd, as well 
 as ungrateful. 
 
 I am apt to hope, it can- 
 not be unpleafing to Tour 
 Lordjljip , to fee an anci- 
 pnt Piece of Tour Lordjhifs 
 great Predeceflbr, Sir John 
 Fortefcue, endeavouring to 
 fhelter it felf under Tour 
 Lordjlnp's Protection, at a 
 time efpecially, when it is 
 moil generous to afford it, 
 when the Author cannot 
 fpeak for himfelf 
 
 If that good Man, long 
 fince in his Grave, could be 
 fenlible what a worthy Pa-^ 
 
 tron
 
 The Dedication. 
 
 tron I had obtain d for him, 
 I am perfuaded, he would 
 not think amifs of my Con^ 
 dud:, in chooiing the only 
 one, who ever was, or is ever 
 likely to be his Equal 
 
 Henry the Sixth, a good 
 and pious Prince, obferving 
 the found Learning, and 
 great Abilities of our Au- 
 thor , did him the Honour 
 to call him to Tour Lord- 
 fiifs High Station. And af-- 
 ter he had, with great Suffi- 
 ciency and exa61: Integrity, 
 difcharg'd that Office for 
 the fpace of about twenty 
 'Years, in Reward of his in- 
 flexible Loyalty ,£,jand firm 
 -^i^^/ri; ri')fjA.t^rv AdhC:-
 
 The Dedication. 
 
 Adherence to the Crown, 
 his Mailer advanc d him to 
 the moft exalted Poll of Ho- 
 nour in the Law, making 
 him Lord High Chancelloi* 
 o^Evgland', and at the fame 
 time committed to him the 
 Care and Tuition of his On^ 
 ly Son, the Prince of Wales. 
 The Subje6l of this Piece 
 is the moft excellent and cu- 
 rious Part of the Law, the En- 
 glilh Conftitution. And our 
 Author was fo great a Lover 
 and Vindicator of it, and 
 had fo exa(5t a Knowledge in 
 all the Parts thereof, that 
 I could not but think, that 
 the bringing fuch a work to 
 
 light.
 
 The Dedication. 
 
 light, would be not only ac- 
 ceptable to Tour LordJJjip ^ 
 but ferviceable alfo to the 
 Publick ; lince it cannot be 
 doubted but that what he 
 lays down, concerning the 
 Liberties of the Subje6ts of 
 England, muft have the more 
 Weight, and ftronger Influ- 
 ence , when it is confider'd 
 that it comes from one, who 
 perfed:lyunderftood all the 
 Points of Prerogative, who 
 was a great Courtier, and in 
 highEfteem and Favour with 
 his Prince. No Power was 
 able to bend his Integrity, 
 nor could the Smiles of the 
 Court, draw him into the 
 A 4 leafl:
 
 The Dedication. 
 
 lead Neglect of any of the 
 Duties of that great Office. 
 
 To be a Judge over the 
 Vcoplc of England, is indeed 
 a High Station. It is the Of- 
 fice of the King of Kings, 
 delegated to Man : He is 
 the Support of the Preroga- 
 tive, and Refuge of the Peo- 
 ple^ he is Guardian of the 
 Laws and Liberties of En- 
 gland, and Mediator be- 
 tween the Prince and the 
 Subjed:. 
 
 Judges in abfolute Go- 
 vernments have in them too 
 much of the Advocate, and 
 are generally, as it were re- 
 tained, on the Side of the 
 
 Crown:
 
 The Dedication. 
 
 Crown : They have Power 
 indeed to determine as to 
 the Rights of the Subje6t, 
 but they are not entrufted 
 with theRights of the Prince: 
 So that, in effed:, they are 
 but half Judges, and in Ca- 
 fes of the Crown, rather not 
 at all fuch ^ for he that deter- 
 mines on one Side only, has 
 parted with the Character of 
 a Judge , and is become a 
 Party. 
 
 How happy is it then for 
 Prince as well as People, 
 when all even Hand, by 
 both entrufted, holds ftea- 
 dily tfie Scales bf Juftice, 
 and impartially decides the 
 
 Rights
 
 The Dedication. 
 
 Rights of Ce/^^r, and his Sub- 
 jedb, as the Balance turns. 
 
 Such was the Choice, My 
 Lord, and fuch was the uni- 
 verfal Expe6tation from it, 
 when, added to the many II- 
 luftrious Marks of Her Ma- 
 yVj?ys profound Wifdom, She 
 was gracioufly pleas'd to give 
 that finifhing Evidence, of 
 the moft confummate Cau- 
 tion for the Rights of the 
 Crown, and the trueft Ten- 
 dernefs for the juft Liber-- 
 ties of Her Subjects, by ad- 
 vancing Tour LordJJjtp , of 
 Her Own Choice, to fit in 
 Her Own Court, Supreme 
 Justiciary. -' 
 
 But
 
 The Dedication. 
 
 But as univerlal as the Joy 
 was, on that Occafion, there 
 was yet no one who wonder'd 
 at thePromotion. The World- 
 was too well prepar'd from 
 the known Judgment, Inte^ 
 grity. Temper, and univer- 
 fal Learning of the Perfon 
 promoted, to receive the 
 welcome News, with any 
 manner of Surprize ; there 
 was found no Equal, and 
 therefore Tour Lordfloi^ had 
 no Competitor, 
 
 Difficult and nice Times 
 might come, when the Inte- 
 grity of a Hales, the Learn- 
 ing of a Bacon, the Law of 
 g Littleton, and the Courage 
 
 of
 
 The Dedication. 
 
 of a Gafcoin, all which fo 
 happily center in Totcr Lord- 
 Jhip, might be as requiiite, as 
 ufeful. 
 
 Cowardife in a Judge, is 
 but another Name for Cor- 
 ruption. They differ only 
 as the Aft, and Habit. Bri- 
 bery is Corruption in the 
 Ad: i but Cowardife is ha- 
 bitual Corruption. 
 
 That Tour LordJInp now 
 appears with fuch a Luftre, 
 is, in fome Meafure, owing 
 to Your High Station , tho' 
 the latent Caufe exifted long 
 before : So the Sun it felf, 
 when riling , Ihines only to 
 the Eaft y but is the fame 
 
 with
 
 The Dedication. 
 
 with that , which , wheii 
 elevated to the Meridian, 
 enlightens the whole Hemi- 
 Iphere. 
 
 ;£ixThe diligent and atten- 
 tive Student, the well read 
 Barrifter, and the learned 
 Serjeant, all refort to Your 
 Court, as to ah Academy^ 
 where,together with theLaws 
 of their Country, they learn 
 all Arts and Sciences ; and 
 ^•ilie mq|| prevailing Ar- 
 gument, wliich is Example, 
 they learn Humanity and 
 Goodnefs too. Where, all 
 .Pecilions are given and pro- 
 nounced,with fo muchClear- 
 nefs and Clemency, that e- 
 ^ ven
 
 The Dedication. 
 
 yen the Lofer goes away con- 
 vinc'd, if not fatisfied. 
 
 Nor could fo juft a Me- 
 thod, and fiich ExacStnefs 
 flow from any other Foun- 
 tain, than that noble, and 
 perhaps only Science, the 
 Mathematicks , in which 
 Tour Lordjlnp fo eminently 
 excels. ^ ' ; 
 
 But tho' we fee Tour 
 Ijordjhip endow'd with the 
 greateft Abilities, and plac'd 
 in the midft of Honours, 
 yet Your fteady Contempla- 
 tion upon Virtue and Reli- 
 gion, has elevated TourLord- 
 Jbip to fuch a Greatnefs of 
 Mind^ that you look down 
 
 on
 
 The Dedication. 
 
 on all Circumftances of Life 
 and Fortune, with Sereni- 
 ty and Indifference ^ and 
 from thence proceed Your 
 Generous Difdain of Riches, 
 and Profuiion of Charities, 
 whichconfummate7b//r/^r^/- 
 Jhip's Character, and com- 
 plete Cicero s Great Man ; 
 Maximeque admirantur eum 
 qui pecunia non movetur. 
 
 Publick Officers Ihould 
 be Philofophers , affedied 
 with a general Contempt of 
 external Things, and plac'd 
 in an immutable Tranquilli- 
 ty of Mind ; which would 
 deliver them from all Anxi- 
 ety of Thought, which may 
 
 at
 
 The Dedication. 
 
 at any time happen from the 
 Perplexity of Publick Af- 
 fairs, and eftablifh them in 
 a Life of Security and Ho^ 
 nour. 
 
 Thus does Tour Lordfiip 
 lead a ferene and fteady 
 Life,having nothing atHeart, 
 but the Service of the King 
 of Kings, the Honour of the 
 Beft of Queens , and the 
 Good and Welfare of all Her 
 Subjects. I am. 
 
 My Lord, 
 
 Your Lordjloip s moJlT>utifuly 
 
 and Devoted Servant ^ 
 
 John Fortefcue- Aland.
 
 T O 
 
 Hugh Fortescue, 
 
 Of FILLEIGH in the 
 
 County of D E V o N, Efq^ 
 
 SIR, 
 
 HE Grand T>iviJion of Law, is 
 into the T>ivine Law , and the 
 Law of Nature ; fi that the Stu- 
 dy of Law in general is the Btiji- 
 nefs of Men and Angels. Angels may dejlre 
 to look iiito both the one and the other \ but 
 they will never be able to fathom the T^epths 
 of either. Nothing but infinite PVifdom it 
 felf can comprehend that Law, by which the 
 infinitely wife Architect at firft created, and 
 now direBs and governs the whole Univerfe. 
 By this Law , every thijig lives, and moves 
 and has its Being. By this Law, every thing 
 is beautifully produc^d-i in Number, Weight, 
 ^ a and
 
 ii The PREFACE. 
 
 and Meafure. ^Tis by this Law, that the 
 vaft Bodies, which comfofe our filar Syjiem, 
 by conjfant and uniform Revolutions, keep in 
 ferfetual Motion-^ and' t is by this Law, that 
 the Tlanets and Comets fupport each other ; 
 being endued with the furprizing Tower of 
 Attraction, implanted by the Almighty Hand, 
 and conflantly fupplied by an Almighty Care ; 
 as is clearly demonfirated by that Trince of 
 Mathematicians, Sir Ifaac Newton, who is an 
 Honour to our Nation , the Glory of the Age ^ 
 and the Tride of the whole Species. 
 
 And as the infinitely wife Author of all things^ 
 has fet a Rule or Law to the Motions of irra- 
 tional Beings ; fo he has made a Law to re- 
 gulate the A6iions, and govern the Aff'ediions 
 of Mankind'^ and has fet up a Light in eve- 
 ry Man's Breafi, fufficient to demonflrate to 
 him the Being of his glorious Creator and 
 
 '' BenefaEior, and to enable him to choofe the 
 True Religion from the Falfe ; and thereby 
 to guide him thro' a Vale of Miferies, to eter- 
 Jial Refi. 
 
 ' And as there is no Motion given, by the 
 Hand of infinite Tower to any Body, but what 
 anfwers the End of that Being, and is ufe- 
 ful to it', fo there is no Law given to Man 
 by our great Creator, tho' of never fo reflri- 
 dive a ^ality, but what is entirely benefi- 
 cial
 
 The PREFACE. Hi 
 
 cial to him , and tends to the Trefervation 
 of his Being , or Continuation of his Happi- 
 nefs : So that the true Nature of every Lam 
 is, that jt tends to the Support and ^refer^ 
 nation of that Being, which is to be directed 
 and govern' d by it. How good a Mafter there 
 fore does Man ferve, and how happy is Man 
 under fuch a Law , as is fet over his AEii- 
 ons , for no other Turpofe but to fecure his 
 Happinefs. From hence the great Princes of 
 the Earth , may learn to govern , after the 
 great Example of the King of Kijigs. And 
 from hence , as a true Corollary and Confer 
 quence, it follows, that Laws injiituted upon 
 the Foundations of Arbitrary T'ower , to op* 
 prefs and deftroy the Subje6l, are againft Na-^ 
 ture, and eternal J uftice, fubverting the ve- 
 ry End and Turpofe for which all Laws were 
 made. 
 
 Now of all the Laws by which the King-', 
 doms of the Earth are governed, no Law^^ 
 comes fo near this Law of Nature and the di^ 
 vine Pattern, as the Law of England ; a Sy- 
 ft em. of Laws, fo comprehenfive, fo wife -^ fo 
 favourable to the Subje6l, and yet fo ftrongly 
 guarding the prerogatives of the Prince, that 
 no Nation Joes enjoy the like. The Law of 
 -England is really to us who live under it, the, 
 
 a 2. Founda-
 
 iv The PREFACE. 
 
 Foundation of all our Hafpnefs ; it fecures 
 to us our Ejiates, our Liberties^ and our 
 Lives, and all that is dear to us in this Life '^ 
 and not only fo, but by fecuring our Religion^ 
 it fecures to m the means of attaining Ever- 
 lafting Hap pine fs too. By this Law, we not 
 only enjoy the Tleafures of this World, but 
 even God himfelf, in his true Worjhip and 
 devotion. So that it may be faid with Ju- 
 ft ice, that we owe our Beings to God, and un- 
 der him^ our Well-beings to the Law. 
 
 But however admirable this Law is allowed 
 to be ; yet fome , not fufficiently acquainted 
 therewith , have fet them fe Ives to lejfen the 
 Honour thereof ufon pretence of the %)ncer' 
 tainty and Novelty of it ; as though it were, 
 not capable of being reduced to any 'Degree of 
 Certainty , and that we had it but of late% 
 ayid that from a neighbouring Country, called 
 Normandy. Btit thefe. Sir, when well conji- 
 der'd, are OhjeEiions^ that really have no jufi 
 Foundation. 
 
 As to the Certainty of them , it might 
 fuffice, to fay , that moft of our Laws are 
 founded on the Laws of Nature , and Nati- 
 ons ; and fo far, they are as certain as any 
 other whatfoever. Arid as to the reft, they 
 confift either of Laws fairly deduced from 
 
 thofe
 
 The PREFACE. 
 
 thofe Trinciples , or of particular Municipal 
 Laws and Cuftoms peculiarly adapted to the 
 Circumjiances of the Nation, andT>eduBions 
 and Inferences therefrom ; atid the beft Laiz^s 
 that are extant have no other Compojit ion. 
 
 But the Certainty and Incertainty of Law, 
 deferves to be a little more particularly confider- 
 ed, both in general, and with particular Regard 
 to our own Confiitution. And as to the Nature 
 of Law in general, and in regard of the Subje6l. 
 Matter ofit^ I can't but think it capable of as 
 great Certainty, as any Science, orTrofeJJlon 
 whatfoever , ( that noble , and perhaps only^ 
 Science, Mathematicks, excepted^ Nor do I 
 fore fee any Abfurdity in faying, that Law is 
 capable of the beft Certainty , even "Demon-^ 
 ftration it filf 'Tis hard to fay, the Ideas of 
 ^antity are only capable of Demonftration , 
 and that this Study, fo ufefttl and necejfary ta 
 Mankind, Jhould not be fo. The Subjecl ofLawt 
 is Moral Beings, which are n Combination or 
 Set of Ideas taken from the Moral Aciions of 
 Mankind, and from the Habitudes , Corre^ 
 fpondencies , and Relations , which they beaf 
 fo each other ; and confequently exjft only in 
 the Mind and '^.nderftandmq^, being put ioge^. 
 ther there ; and have no other Being or Ka^. 
 tare , but 'i^^hat the Mind gives them. Th^ 
 
 a 3. JRefilf
 
 Vi The PREFACE. 
 
 Reftilt of which is , we may exa&ly know 
 the feveral Ideas that go to make each Law- 
 term , and Jo their real Nature and E fence 
 may be known, and confequently the Congrtiity 
 or Incongruity of the things themfelves be per- 
 fect ly difiover'd, in which confifts real Know- 
 ledge, or T>emonfiration. If every complica- 
 ted Idea, of Right and Wrong, were well fit- 
 ted and agreed upon , with diflinB Names tb 
 each of them, forming exaB T)efinitions, and 
 thofe confiantly ufed and kept to ; the T>edu- 
 Bions therefrom would be as true, and as cer- 
 tain, and the Connexion be as diftinci and. 
 clearly perceived , as Mathematical Beings 
 themfelves. For thofe Beings are formed in 
 the fame manner, and exiji no where but in 
 the 'Vnderjianding ; there being no fuch thing 
 really in Nature, and materially exifling, ex- 
 uBly according to their IDefnitions , as a 
 Square, a Triangle or a Circle, but exifl only 
 in the Mindfirft, and then are fet down in the 
 definitions given of them ; nor does that Sci- 
 ence require, there jhould be any fiich Beings 
 materially exifting in the World. 
 
 So that in the Nature of Ideas , Legal Beings, 
 as I may call them, are as capable ofT>emonftra- 
 tion, as Mathematical ones ; but only in the Cafe 
 of Mathematicks, in comparing the Equality 
 
 and
 
 The PREFACE. vii 
 
 und Excefi of any ^^uantiCy , they do it by 
 Numbers or Meafures^ which have every the 
 leaft difference very clear ^ and the. Ideas 
 themfelves are more capable of being fixd in 
 the Mind by ferceftible diagrams , and Jb 
 more dijiin6lly reprefented to the Senfes ; 
 whereas the others have only Names and 
 Words, and fuch as fometimes are tmconftantly 
 iifed, and fo the frecife Combination of Ideas 
 is loft ; but when thofe juft , Colle6iions of 
 Ideas, are exa6ily noted down, and tied toge^ 
 ther as it were in Bundles or Sorts , with 
 Names annexed to them, and exactly kept to 
 throughout the Argument -, the Inference and 
 Reafoning therefrom , is as ftrong and true^ 
 as in Mathematical Cafes. 
 
 This is Mr. LockV Notion concerning Mo^ 
 rality , the Nature of Law being the fame^ 
 the Argument will equally conclude to both. 
 The want of Application has been partly 
 the Caufe, why learn' d Men have thought no- 
 thing but Mathematicks demonftrable ; and 
 therefore it was formerly thought that the 
 ■Being of a God, tho" many IV ays to be pro- 
 ved, yet that it wanted that higbeft of 
 Troofy T>emonftration ; but of late we have 
 had many noble Tiemonft rat ions thereof ^ by 
 many learned Hands r ^nd none of the karn^ 
 
 a 4 ^d
 
 viii The PREFACE. 
 
 ed World fww doubt , but that a Supreme 
 Being , the firft Caufe of all. Things, infinite 
 in 'Po'-ji'er, Goodnefs, and Wijdom, is as de- 
 monftrable as any ^ropofition in Geometry ; 
 and indeed a Man may more Thilofi)fhically 
 doubt, that there is a Sun at Noon-day , than 
 that there is a God in Heaven. 
 
 And this is the firft Step towards Le- 
 gal IDemonftration : For this being laid down 
 as the firft Principle, if we then allow as 
 a Poftulatum , or take it for granted, that 
 we have an intuitive Knowledge of our own 
 felves , (^j no Man that will confider can 
 doubt ) and that we are dependent on , and 
 fubfifted by this firft Caufe ; thefe things 
 duly confider' d, and well pur filed, will lay 
 a good Foundation whereon to build a Sy- 
 ftem of Moral Laws, andthofe, a Foundation 
 for all Municipal Laws whatfoever. But 
 there is yet another Reafon why Men have 
 not thought Matters of Law fo demonftrable 
 as other things; becaufeTroperty, Tower, and 
 Tleafure , things fo much contended for, are 
 here difputed, and in fuch Cafes, Taffion and 
 Trejudice take Tlace, which in Mathema- 
 ticks have none ; no Man thinking himfetf 
 any way concerned in Intereft , whether the 
 three Angles of a Triaftgle are equal to two 
 
 or
 
 The PREFACE. ix 
 
 or four right Angles : Elfe I do not fie why 
 *Demonftrations Jhould not fticceed as well 
 here as in Geometry. Whoever will look in-- 
 /^ our Books of Law , will find in the firjl ■ 
 ^lace, that Care is taken in giving prof er 
 and clear Meanings , or 'Definitions of the 
 Terms of our Law ; from thence our Law 
 proceeds to Axioms , and in legal Demonfira- 
 tions fofitive Laws, fettled either by known 
 Cujioms, or exfrefs Statutes, take the Tlace of 
 Axioms, which are alwayfieadily kept to. That 
 a Conveyance of Land to a Man and his Heirs, 
 gives him a Fee fimfle, or an Inheritance 
 ^wholly at his T)ifpofal : That to kill a Man,' 
 with a malicious Defign fo to do, is Murther: 
 That whoever has a Right by Law , has a 
 Remedy , to come at that Right ; thefe are 
 Principles and Axioms in our Law, as cer- 
 tain as any in Euclid. 
 
 Now, Sir, in reafoning and making De- 
 dtiBions from thefe general Tropofitions , or 
 Axioms , fuppofing the Fa5fs, on which the 
 Cafe arifes, to be certain ; the Correfpon- 
 dence of any other Idea with them, wilt 
 be as clearly conceived, and there will be as ■ 
 much Certainty , as in other Tropofitions of 
 never fo abflraBed a Nature : So that the 
 Uncertainty lies neither in- tl>e Terms ; for
 
 The PREFACE. 
 
 the Law defines them to he fi), and that gives 
 them their Nature ; nor in the Maxims of 
 the Law , for they are Axioms not to be di- 
 ffuted% nor in the 'DeduEiions therefrom^ 
 which are certain and logical: It can lie then 
 only in the Fails , to which the Terms and 
 the Axioms are to be afflied, which depend 
 on the Uncertainty of human Tefiimony^ which 
 for ever muft he liable to Uncertainty, as not 
 being in their Nature capable of 'Demonfira- 
 tion. 
 
 This as to Law in general : To de fiend 
 then to our particular Laws\ fee what Care 
 is taken for a 'Difcovery of the Truth in mat- 
 ters of Fa5l ; and for that Turpofe a Jury 
 of twelve upright and fubftantial Men is by 
 the Law , to be fiimmon'd from thofe T'arts 
 where the Fa6l is fuppos'd to be done, who 
 judge and determine thereupon according ta 
 the Evidence given them, and bring in their 
 Verdi£f purfuant to the "DireSlion of a learn- 
 ^d Judge in Toint of Law ; and that they 
 may have the moft exail and certain Tefiimo- 
 ny , the Law admits of no written 'Depo- 
 fitions but in Cafes of Necefiity , where the 
 'Perfin is not to be had, but the Witneffes are 
 to come in Terfion, and to be examined, viva 
 VQce, both by Judge and CQuncil\ which Me-. 
 
 tho4
 
 The PREFACE/ %i 
 
 thod of tnveftigating Truths in the Nature of 
 it , is greatly preferable to that of other Na- 
 tions , where the written ^epojitions of the 
 Witnejfes are allowed for Troof For it is 
 not pojfible to fore fee at once, what Interroga^ 
 tories will be prof er, unlefs a. Man could pro->i 
 phecy what Anfduer the Witnefs would give ; 
 and therefore it is often in Experience foundy 
 that after a rnatter of FdB on the written. 
 Teftimony of the IVitneffes has appear'd to be 
 one JVay , on Examination of the fame Wit- 
 nejfes , viva v6ce , the Truth has come out to 
 he clearly the quite contrary. The Mein and 
 Behaviour of a Witnefs , his Countenance y, 
 and the '^affwns of his Mind, oftentimes dif- 
 cover thofe Truths which are never to be 
 found out from a dead T)epofition. 
 . In other Nations, Sir, every Lawyer's O- 
 pinion goes for Law , but it is not fo with 
 m ; nor is our Law rack'd- and tortufd 
 with filch voluminous Comments and Ghffes » 
 which make 'Difputes endlefs, and eat out the 
 very Heart of the Law. Nothing pajfes with, 
 "US for Authority or Law, but the mature 
 weighty, and deliberate Judgment of a whole 
 Court, conjifting of four learned and experi- 
 fnc'd Judges , after folemn Argument , cauti- 
 xtm Achate, and feriousCoJtflderation:
 
 The PREFACE. 
 
 In our Law y the Judges are bound by a 
 facred Oath, to determine according to the 
 known Laws and ancient Cujioms of the Realm ^ 
 fet down in the Judicial Decijions and Re/b- 
 lutions of great Numbers of learned, wife and 
 uf right Judges, upon Variety of particular 
 Fa6ts and Cafes. They do not judge, and that 
 is our Hafpinefs, as the plaufible ^hrafe is, 
 lecundum ^quum & Juftum , which in other 
 words fignifies no more, than according to their 
 princes , or their own arbitrary Will and 
 ^leafure\ but they judge, according to the fet^ 
 led and eflabliflfd Rules, and ancient Cujioms 
 of the Nation , approved for many Succejfions 
 of Ages. 
 
 To have no Rule to decide Contr over fie s , 
 but the Rule of Equity, is to begin the World 
 again , and to make a Choice of that Rule , 
 which out of there Neceffity was made ufe of, 
 in the Infancy of the State, and Indigency of 
 Laws ; and to fet up this Rule , after Laws 
 are eftablijh'd, to relieve hard Cafes, and 
 leave the Matter at large , is it not rather 
 unravelling, by unperceiv'd Degrees, the fins 
 and clofe Texture of the Law, which has been 
 fo many hundred Tears a making ? Thefe, Sir, 
 are fome of the Trovifions in the Law <?/'Eng-' 
 land, to attain that Csrta,inty which our Law
 
 The PREFACE. 
 
 in its Nature is cafable of\ and if they at any 
 time fail by being ferverted, it is owing to 
 ^affion and Inter eft , and not to the Male-In- 
 ftitution of the Law. 
 
 Now as to the Antiquity of the Englijh 
 Laws ^ I am aft to think it is not very diffi^ 
 cult to make out , that they are as ancient as 
 the Laws of mo ft Countries in the World % nor 
 can I be brought to think , but that a very 
 fatisfaBory Account may be given touching 
 their Original , notwithftanding what fome 
 have faid to the contrary. Indeed to difcover 
 the Original of every particular Law, or Ca- 
 put Legis among m, when it begun particular- 
 ly, and by whom, and how introduced -^ I rea- 
 dily agree is morally imfoffble , nor can any 
 Nation in the World do it , that was not of 
 Tefterday ; nor was it ever attempted by any 
 one in the Laws of any Country * and if it 
 could be done, it would- be of no great Mo- 
 ment. But I am perfiiaded, it is not difficult 
 in this Nation to jhew , from whence the 
 Bulk, main Body, and Generality of our EH" 
 glifl? Laws came. And if the Foundations, 
 the main Tillars , and Corner Stones of this 
 ancient, noble Building are ftill ftanding, tho* 
 it ftoould happen to^ be fitted up and adorn' d 
 with other Materials now , yet it will bear 
 
 the
 
 The PREFACE. 
 
 the Nam6 of the old Fabrick, and prof erly Bq 
 accounted the fame Identical Building. 
 
 To argue from the Nature of Laws in ge- 
 neral, that the Original of ours is not to be 
 found, is to fay , the Original of the LaiL's 
 pf no Nation can be found \ and that is to con- 
 demn not only feme of our oijun greateji Laiju- 
 yers (:f,nd Hijiorians, but all thofe learn' d and 
 great Men of foreign Nations , who have 
 ■wrote flngly of the Antiquity of their Laws ; 
 which make a great Body of Men, and their 
 Volumes a confiderable Figure in the learned 
 World. And as to the Monuments of the En- 
 glijh Antiquities, and the original Foundation, 
 of the Englijh Nation , we have as certaitp 
 and clear Proofs of thofe , m in moji Coun- 
 tries in Europe. And tho' we have no Tran- 
 Jcripts of all our Laws, nor can't give Jo good 
 Troof or go fo high as the Jews , it does not 
 follow from thence , that we have no Troof, 
 4Lnd can find no Original. 
 
 But then 'tis faid, if fuch Original could 
 he found out , it would not be of moment or 
 material, becaufe the Obligation is the fame 
 
 when once the Law is fixed, whether it 
 ,be old or new , or from whence foever de- 
 rived. What I Is the Ajitiquity of tlie 
 Larjus of the Englijh Nation , which is the 
 , . Honour
 
 The PREFACE. 
 
 Honour of it, of no moment ? And is the Ho^ 
 nour of the Englijh Nation to be dijregarded^ 
 Are we to be f laced behind all the Kingdoms 
 «?/* Europe, when they think it worth while 
 in endlefs Volumes to contend for the jirjl Rank 
 in Antiquity ? Befides, the Laws themfelvei 
 gain Strength and Authority , by the Antiquity 
 of their^rofejjion. The longer any Laws con- 
 tinue in Vfe and Tra^ice , the ftronger and 
 more forcible is tfye Argument for their Good-* 
 nefs and Excellence. And jhould we allow 
 our Laws to have an uncertain Original y I 
 fear that fome ^eo^le would of themfelves 
 fix their Original fromWWliam theFirJl, and. 
 if that jhould be taken for granted, I don't 
 know what ill ufe, the Champions of Abfolute 
 Monarchy may be inclined to make, of fuch a 
 Concefjion ; that our Laws began in a Con- 
 queror's Time , and confequently were given 
 by a Conqueror, Our Author, who lived ma- 
 ny Tears ago, and fo might have a better View 
 of Antiquity, fays, in his Book de Laud. Leg. 
 Angl. that neither the Roman nor Venetian 
 Laws , which are efteem'd very ancient, can 
 claim fo great Antiquity as ours, which, fays 
 he , in Subftance are ft ill the. fame, as they 
 were originally. 'Tis a. trivial ^eftion, fays 
 Selden , made by thofe who would fay fime*^ 
 
 thing
 
 The PREFACE. 
 
 thing again fl the Laws of England , // they 
 could ; when and how began your common 
 •Laws ? But the Anjwer is ready ; in the 
 fame manner as the Laws of all other King- 
 doms, i.e. when there was fir ft a Civilized 
 State in the Land. Every Nation , unlej^ it 
 borrows Laws from other Countries , mufi 
 firft begin with the Laws of Nature , and 
 thereupon are introduced fofitive Inftitutions^ 
 and municipal Laws for the Tolicy of the Go- 
 'vernment :, afterwards, inTrocefs of time ^ 
 Cuftoms are created, and then are laid judi- 
 cial ^determinations and Refolutions, on thofe 
 frfi Foundations , and fo a Body of Laws is 
 compofed. 
 
 Now as to that part of the Law of Eng^ 
 land, which fubfifts and is founded on the 
 Law of Nature , and which is no fmall part 
 thereof, every one muft agree , fuch of our 
 Laws are as ancient as any ; becaufe Nature 
 is the fame in all Laws , and in regard of 
 this, all Laws founded upon Nature are 
 equally ancient. And as to the other part of 
 our Laws , confifting of pofitive Infiitutions 
 for the Well-government of the Teople , and 
 the Cujioms and ^fages amongft us, it cannot 
 be doubted, but that we may have fame, thai' 
 perhaps not many , that participate even of 
 ^ the
 
 The PREFACE. xvii 
 
 the Roman and Britifli Policy \ for when we 
 were firji a Nation, we certainly had Laws 
 to govern us , tho' perhaps very few. Aitd 
 'tis plain by the Account we have of the Bri- 
 tains, and of their barbarom Citftoms and 
 Manners^ that even after the Rom2.ns. were 
 here ^ they were Jo far from being polijh'd 
 by them, that the Romans had made no fenjl-^ 
 ble Alteration among them ■, neither in their 
 Laws^ Language-, nor Tolicy, But when we 
 come to the time of the Saxons, we find a very 
 great Alteration, a new Language introduced^ 
 never before heard of and Volumes of Laws 
 both Ecclefiaftical and CiviL 
 - The firft Saxon Laws , after Auftin the 
 Monk was fent hither ^ by Gregory the Great, 
 for the Coitverfion of this Nation, were made 
 by ^thelbert the firft Chriftian King, who be- 
 gan his Reign in 5'6i, about four Tears after 
 the Death of Juftinian, and died in 6i6. 
 
 VenerableBede fiys, thefe Laws were made^ 
 according to the Example of the Romans, a;}i& 
 Snorejia ^e))eaue5 with the Thought, or Advice 
 of his Wife -men ; and the King commanded them 
 to be wrote and publijhed in Englifto. And 
 tho\ fays he, the Laws of the Saxons have 
 undergone fome Variations, thro' time and 
 age, which change every thing , yet they con- 
 
 b tinue
 
 xviii The PREFACE. 
 
 timie in the main to this ^ay. For it feems 
 every Saxon King did, one after another, con- 
 frm moft part of the Laws of hisTredecejfor \ 
 tho' by the Advice of his Parliament, he made 
 fbme new ones , as is now done in every 
 Reign. 
 
 King Alfred indeed, who began his Reign 
 fn%'j\, is frf^V Magnus Juris Anglicani Condi- 
 tor, The Great Founder of the EngUfti Laws ; 
 hut what is meant by that Exfreffion, is not-, 
 that thofe Laws were firft made in his Time, 
 for there were Saxon Laws then in being, 
 which had been made for above three hundred 
 Tears before his Reign ; but the Meaning was 
 this only , that he , being the firft file Mo- 
 narch after the Heptarchy, coUeBed the Sub- 
 fiance of the Laws of all the former Saxon 
 Kings, from King iEthelbert to his Time, who 
 were Kings only of Tarts of the Land, into 
 one Body , and fo forrrid one entire Codex or 
 Book of Laws. 
 
 This appears plainly from the Preface of 
 King Alfred'j Laws, which fays. That King 
 Alfred made a Colled:ion of alJ the Laws then 
 in being , thole which he Hked, he chofe, and 
 riiofe which he Uked not , he rejected ; and 
 this was done cpib piuefia 5e])eate, with the 
 Thought , /. e. Advice of his Wile-men , or 
 
 Parliament ;
 
 The PRE FACE. xix 
 
 Parliament ; for he dtirft not, as His faid, mix 
 any of his own, for fear ^oftertty jhould not 
 like them ; and therefore he collected out of 
 the Laws of King Ina, King Offa, and Mzhcl' 
 bert , the firfi Chriftian King, who were his 
 Tredecejfors, fuch as were the heft, and the 
 reft he reje^ed\ and this Collection, fo made . 
 with the Advice of his Parliament , he 
 thought fit to confirm and eftablijh ; and en- 
 acted them to be obferved throughout the 
 Kingdom. 
 
 Now this Codex , being made uf of fuch a 
 Variety of different Laws, enabled by the fe- 
 deral Saxon Kings, reigning over diftinB 
 Tarts of the Kingdom \ and thefe fever at 
 Laws, which then affeBed only Tarts of the 
 Englijh Nation , being now reduced into one 
 Body, and made to extend equally to the whole' 
 Nation , it was very proper to call it , The 
 Common Law oi England ; becaufe thofe Laws 
 were now fir ft of all made Common , to the 
 whole Englijh Nation. And therefore it is 
 faid, in the Life of this great King, that ^ 
 this was done, ut in Jus Commune totius Gen- 
 tis tranfiret. Now this is very natural, if it 
 be farther confidered, that he made this Col- 
 leCiion of Laws juft upon Jubduing the o- 
 ther Saxon and 'Danijh Kings, and there- 
 
 b X by
 
 XX The PREFACE. 
 
 by became file Monarch of England, 
 
 Now I find this Jus Commune , Jus Publi- 
 cum, or Common Law, was fion after caU*d 
 in Saxon ^ the Folc-pihr, or People's Right ; 
 which in all the ftibfequent Laws of the Sa- 
 xons, is mentioned and confirmed, by all the 
 fucceeding Saxon Kings. And it is not very 
 unlikely ^ but that this Collection of Laws , 
 thus made by King Alfred , and fet down in 
 one Codex , might be the fame with the 
 Dom-bec, or Doom-book, which is referr'd to 
 in all the fubfequent Laws of the Saxon Kings ^ 
 and was the Book of Laws, or Statute Book, 
 that they determined Caufes by ; for before 
 this Kin^s Reign, that is, King^ix^^s, I no 
 where find any mention made, either of Folc- 
 right, tf^- Dome-book. But in the next Reign ^ 
 you find King Edward the Elder commanding 
 all his Judges to give pi^hc Domar, right or 
 juft Judgments, to all the People of England, 
 to the befl of their Skill and 'Vnderftanding , 
 ]T5a hic on Jxpe Dom-bec j-ranb, as it ftands in 
 the Dome-book , or Book of Laws ; and far- 
 ther commands, that nothing make them afraid 
 to declare and admijtifier the Folc-right , that 
 is, the Common Law of England, to all his 
 loving Subjects .
 
 The PREFACE. xxi 
 
 -ffichelflan , the next Saxon King, confirmed 
 the fame Laws , aiid commands the Folc-right 
 to be preferved to all his SubjeBs, and refers 
 to the Dome-book as the former King did. 
 Hereby it appears , each Saxon King , by the 
 Advice of his Prelates, Teers, and his Wife- 
 men , did make new Laws ; yet the old ones 
 were fir ft of all confirmed and eftabliflfd, ex- 
 cept flich as for particular Reafons were 
 thought fit to be repealed. So King Edgar, in 
 the Beginning of his Reign, propofes fever al 
 new Laws, but firft of all confirms the Laws 
 of Holy Church ; and then commands, that eve- 
 ry Alan both rich and poor, ry Folc-pihrej- 
 pyp^j Ihould be thought worthy of his Folc- 
 right, that is, to enjoy his Birth-right, the 
 Qon\.vciOTi\^2cw oi England \ and that his fudges 
 flyould, pihc Domar beme, give right Judgments, 
 that is, do Juftice to every one whatfoever, 
 according to the Dome-book, or Law then efla- 
 bJilh'd. And the fame you will find in the 
 Laws of King Canutus or Knute, in as exprefi 
 Terms as in former Reigns. 
 
 From this Original', Sir, it is, that our 
 common Law came , and it is very probable 
 this Dome-book was compiled by King Alifred ; 
 and therein was contained that ColleBion of 
 Ijaws which fome have called, a Book ofjudg- 
 
 b ^ ments^
 
 xxii The PREFACE. 
 
 ments, or Refolutions, given by the Saxon Jud- 
 ges, or in modernl^hrafe, the Reports ofthofe. 
 Times. 
 
 From hence alfo Iwould obferve, that it is 
 from this ancient Origin , that our common 
 Law Jtidges fetch that excellentUfage, of de- 
 termining Caufes according to the fettled and 
 eftabliflfd Rules of Law, and that they have 
 a6ied up to this Rule for about eight hundred 
 Years together, and^ to their great Honour^ con* 
 tinue fo to do to this very T)ay. 
 
 Thefe Laws indeed, in the Reigns of Ha- 
 rold the Firft, a7id Hardicanute, were not much 
 obferved, nor could it be exfe^ed they jhould^ 
 becaufe they were 'Vfiirfers , and of the Tia- 
 7iijh Race ; be fides ', their Reigns were very 
 fhort, both of them not exceeding feven Tears. 
 But in the Time of Edward the Confejfor, he 
 being one of the Saxon Race, all thefe Laws 
 were revived and rejiored. Some Hiftorians 
 indeed fay , that thefe Laws were buried in 
 Oblivion , and out of Ufe, from the Time of 
 King Edgar to Edward the Confejfor' s Time ; 
 butfurely, there can be no Foundation for that ; 
 becaufe the Laws of the two next Saxon Kings, 
 after Edgar, viz. King Ethelred and Canutus, 
 which are now extant , do confirm and efta- 
 blijh. the Folc-right ; and King Canutus ex- 
 
 frejjly
 
 The PREFACE. xxiii 
 
 frejjly confirms all the precedent Laws both 
 of Church and State ; nay fame of the very 
 fame Laws are to be found among King C^nu- 
 tiis and EthelredV Laws , and ufed in their 
 Times , that were in force in King EdgarV 
 Reign , and extant among his Laws ; a^s may 
 he feen by any one , who will take the pains 
 to compare thofe Laws now extant in the Sa- 
 xon Tongue. 
 
 It is alfo affirmed by fome, that King Ed-. 
 Ward the Confejfor, perceiving this Kingdom 
 to be governed by a threefold Law, that is, thje 
 Dane-laga, Saxon-laga, and Mercen-laga, a?id 
 that MulBs and Fines were to be fet differently 
 upon his Subjects, according to thofe Laws^ 
 reduced them all to one, and called it the com- 
 mon Law of Enghnd. This alfo feems to be 
 a Miftake , thd fever al, one after another^ 
 have repeated the fame thing ; for , not to 
 infiji. that this Account betrays its Want of 
 Accuracy, in not taking notice of another Spe- 
 cies of Law to be found among the Saxon 
 Laws , called Engla-laga , it is pretty plain\ 
 that thofe Laws could not be at that time con*. 
 folidated and thrown into one Body of Laws \ 
 becaufe each of thofe Species of Laws were in 
 force after, and are to be found not only in 
 Edwaid the Qonfefjofs , but all over William 
 
 b 4 thi
 
 xxiv The PREFACE. 
 
 the Firft's Laws. And not only MulEis and 
 Fines fet, according to the Dane-laga, Saxons 
 kga, ^;/^ Mercen-laga, but Cujioms and1)/a- 
 ges fet out to be obferved according to thofe 
 different Laws. Which Jhews, that this could 
 not be the Original of the Common Law : be- 
 caiife thefe Laws were ftill in being., and 
 were feverally obferved in fever al Places ; in 
 the fame manner., as at this day fever al f ar- 
 ticular Cujfoms are, which are peculiar to 
 fome particular Countries and T* laces ; and 
 yet that does not hinder them from being called 
 part of the common Law of England. So that 
 it mufi be meant only, that Edward the Con- 
 fejjor made a Collection out of thofe Laws 
 then extant , as Alfred did before him , and 
 then ordering thofe to be obferved, which had 
 not been obferved in the Jhort Reigns of Ha- 
 rold and Hardicanute, he may well enough be 
 called the Reft or er of the Englijl? Laws. 
 
 From hence it feems pretty clear, that the 
 common Law of England, had a much Ancien- 
 ter Original than that of Edward the Confef- 
 for ; and that it really was formed and efta- 
 blijh'd by King Alfred , and had the Name of 
 Folc-^right, ^to />, Jus publicum, (?r Commune 
 Jus, which, when the Language came to be al- 
 tered , was. call' 4 the Common Law of Engr
 
 The PREFACE. xxv 
 
 land. For it is flatn^ it could not have that > 
 
 Name in Edward the Confeffor's Time, for 
 then they /poke Saxon ; nor in William the 
 Conqueror's Time, for then they fpoke French : 
 So that it can't be true that the Term, Com- 
 mon Law , came from Edward the Confejfor , 
 for the Term is frobably not fo old ; but the 
 Thing it felf really and truly , under the 
 name ^/Tolc-right , was in being long before. 
 And as thofe Laws were then caWd the Folc- 
 right, and really the Common Law <?/"Eng-^ 
 land J So the frefent Common Law is in Sub- 
 fiance the fame , tho' it hath undergone divers 
 Alterations. 
 
 He that will look into the Saxon Laws , 
 and read them in their native Tongue , will 
 find as clearly as can be, the Foundation and 
 principal Materials of this noble Buildings he 
 will find the Te'ace of God, and holy Church, 
 in the firfi Tlaee provided for, and the true 
 Religion fecured; and for t hat Turpofe, Laws 
 are made for keeping the Sabbath , for the 
 Payment ofTythes, Fir ft Fruits, and other 
 Church 'Duties ; and then follow Laws for 
 the Security of the State, as againft Treafon , 
 Murder, Manflaughter, Se defendendo. Chance 
 Medley, Robbery, Theft, Burglary, IVitch-^ 
 fraft. Sorcery, Terjnry, Adultery, Slander^
 
 xxvi The PREFACE. 
 
 Vfury, and many other Crimes. Here you 
 will alfo find Laws concerning fraudulent 
 Sales, Warranty, juft Weights and Meafures, 
 Repairs of High Ways, Bridges, Waging of 
 Law, Outlawry, Trejpajfes, Batteries, Af- 
 frays , Trial by Juries , Court Leets, Court 
 Barons , View of Frank-T ledge , Hundred 
 Courts, County Courts, Sheriffs Turns, Her- 
 riots, Cofyhold, Freehold, and many other 
 Matters too tedious to enumerate. 
 
 The Normans, who invaded the Saxons, 
 did not fo much alter the Subjiance , as the 
 Names of Things. And notwithjianding the 
 pretended Conqueji of William I. thefe Laws 
 of good King Edward were not abolijh'd by 
 him\ for when KingWxWmvapubliJhed thofe 
 Laws, he exprejjly mentions them to be Ed- 
 ward the Confejfor's Laws, and publijhes them 
 asjiich, and confirms and proclaims them to 
 be the Laws of England, to be kept and ob-^ 
 ferved under grievous Penalties. Befides, 
 upon file h Confirmation, he took an Oath to 
 keep inviolable, the good and approved ancient 
 Laws of the Realm , which the holy and pi- 
 0U5 Kings of England his Ancejiors, and efpe^ 
 daily King^d^N^xd, had enabled, and fet forth \ 
 fo that the Englilh Laws were plainly then in 
 ufe, and not abrogated by William I. Now 
 
 thefe
 
 The PREFACE. xxvii 
 
 thefeLawsof^dsff^c^d. the Confejfor, were not 
 only fuch as Edward the Confejfor himfe If fra- 
 med, and were enaEied in his time ; but the 
 Subfiance of all the Laws made, not only in his 
 Grandfather King Edgar'j time , but in the 
 Reign of other Saxon Kings, hk Anceftors,for 
 many hundred Tears before him, that is, the 
 whole Body of Saxon Laws. And this will 
 appear to be fo, upon Examination, even from 
 the Laws themfelves, which is an Evidence 
 that cannot lie ; for many of the Laws of Ed- 
 ward the Confejfor, are the very fame as in 
 former Saxon Kings ; and many Exprejfions 
 and Words, and mofi of the Terms, in Wil- 
 liam I. Laws , are mere Saxon , and deri- 
 ved from that Language , but put into Nor- 
 nian French ; infomuch that any Man will find 
 it difficult to underjiand thofe Laws perfeBly 
 well, unlefs he has feme Knowledge of the 
 Saxon Language. And from thence it is, that 
 the Tranflator of the Laws of William \. in 
 fome Tlaces, puts the French words, in the 
 Latin Tranflation , '■' where he is at a lofs for 
 the true meaning of the Saxon term, difguifed 
 in a Norman drefs. 
 
 Henry \. promifes to obferve the fame Laws 
 of good King^di\Y^xd, and grants to hisTeople,' 
 lagam Edwardi Regis ; but yet afterwards he 
 
 impofed
 
 xxviii The PREFACE. 
 
 itnpofed feme new Laws, which were a Med- 
 ley out of the Salic , Ripuarian , and other Fo- 
 reign Laws ^ with fome Tieces out ^/Knute'j 
 Laws ; but thefe were but a fmall time ob- 
 ferved. Afterwards King Stephen, Henry II. 
 and Richard I. confirm the fame Laws of King 
 Edward. And King Johny after much Jiruggle 
 with his Barons, fwears to reftore the good 
 Laws of his Ancefiors , and ejpecially the 
 Laws of King Edward ; and confirms thefe 
 Laws by way of Schedule or Charter, which is 
 the fame in Subftance as Magna Charta, con- 
 firmed afterwards by Henry III. And to 
 make the fame more ejfe^iual, this great Char- 
 ter raised on this Bafis, is by A6f of T^arlia- 
 ment in Edward I. Time, commanded to be al- 
 lowed by thejufiices, in 'their Judgments and 
 Refolutions as the Common Law of England. 
 
 Thus^ Sir, we find, the Stream of the Laws 
 ^Edward the Confejfor, flowing from a Saxon 
 Fountain, and containing the Subftance of our 
 frefentLaws and Liberties, fometimes running 
 freely, fometimes weakly, and fometimes ft op- 
 fed in its Courfe ; but at laft, breaking thro^ 
 all ObftruEiions^ hath mixed and incorporated 
 it felf, with the great Charter of our Eng- 
 lifh Liberties , whofe true Source the Saxon 
 f^aws are, md are ftill in being, and ft ill the 
 
 Fountaitf
 
 The PREFACE. xxix 
 
 Fountain of the Common Law. Therefore it 
 was a veryjuji Obfervation of my Lord Coke, 
 who fay s^ that Magna Charta, was but a Con- 
 firmation, or Reftitution of the Common Law 
 ^England; fothat the Common Law really is 
 an Extradt of the very beji of the Laws of 
 the Saxons ; and where my Lord Coke faySy 
 that an A6i of Parliament made againft Mag- 
 na Charta is void, he is not to be underjiood 
 of every fart of it, but it is meant only of 
 the moral fart of it, which is as immutable 
 as Nature it felf\ for no AB of Parliament 
 can alter the Nature of Things, and make Ver- 
 tue Vice, or Vice Vertue, 
 
 The Laws of ikiward the Confejfor are men- 
 tioned to he obferved in the ancient Oath of the 
 Kings o/England, ufually taken at their Corona- 
 tions ; now this would be not only afuperfluouSy 
 but an impious Vanity, for the Kings <?/England 
 to take this Oath, if there were nofuch Laws 
 in being to be obferved ; for he fwears to keep 
 the ancient Laws and CuJIoms, and efpe daily 
 the Laws, Cujioms and Liberties, granted by 
 the glorious King Edward , to the Clergy and 
 People: So that from hence it plainly appears^ 
 that even Magna Charta it felf that contains 
 the fubftantial part of the Laws and Liber- ' 
 //^j- ^/England, and which Jupports the main 
 
 Tillars
 
 The PREFACE. 
 
 Millars of our Law, is a great Branch fprung 
 from a Saxon Root , and was raifed and col- 
 le6ied out of the oreat King EdwardV Laws, 
 who culled and chofe them, out of the befi of 
 the Laws of the Saxon Kings his ^rede- 
 cejfors. 
 
 But if occafion were, one might carry feme 
 of the Englifli Laws much higher, in their An- 
 tiquity. Hugo Grotius fays, that as of old 
 the Grecian Laws, fo after the German Na- 
 tion had over-run all Europe, then the Ger- 
 man Laws, and Inftitutions, were almojt every 
 where received. And as the Lombards, Bur- 
 gundians, Franks, Swevians and Vandals, and 
 other the Brothers and Kinfmen of the Sa- 
 xons, feated themfelves in Italy, France, and 
 Spain, and ff re ad their Laws in all the 'Place} 
 which they over-ran:, fo did the JwiQS, Angles, 
 /z;/^ Saxons, flafit themfelves andCuJioms here. 
 Nor is it to be wondefd that thefe Nations, 
 fo foured out of Germany, Jhould retain feme- 
 thing of the Ceremonies , Rites , Terms , and 
 Language of their own Country, and all par- 
 ticipate of the fame Manners '.^ andfrbm thence 
 it comes to pafs, that there is fetch a SimiU^ 
 tude and Agreement, between us and the Ger- 
 mans, French, Italians, Spaniards and Sicilians, 
 both in the Canon of the ancient Laws, and 
 
 in
 
 The PREFACE. xxxi 
 
 in the Names of Magijlrates, Officers and M'u 
 nijiers of State ^ as by a little Obfervat'ton 
 and Comfar'tfon we may find there is to this 
 "Day. 
 
 Let them brag that will, fays Spelman, of 
 the Antiquity of their Municipal Laws, Ger- 
 many will be found to be the common Mother 
 ofmoji Laws in the Weft em farts of Europe. 
 The Terms of Art offome ofthefe Nations got as 
 far as Conftantinople among the Greeks, where , . • 
 we may find, Apsfya^©' ft and for a Captain ^.. 
 from Apsfyos- a Throng , BsxxjXXa'g/©-, he that 
 holds by Knighfs Service, from Bucella, a 
 Morfel ; and Bucellarius is fo ufed among the 
 Wifo - Goths , or Weft em Goths of Spain-, 
 '''^ixdnZiovfignifies Homage, yihrov is Gelt, Rent, 
 Tribute, Sec. from the Saxon word Gild, or 
 Geld', '^'iKtsf^ aBill, Schedule, and many more,- 
 which Menrfius, in his Grseco Barbara, has col- 
 leEied. This by the way ferves to Jhew, that 
 there are barbarous Words, ^ ufed as well in 
 Greek, by the Lawyers of other Countries, 
 as in Latin with us. 
 
 The moft ancient Laws of all thefe Teo- s 
 
 fie , are the Salic Laws , nay , fome fay 
 they are the moft ancient of any now in be- 
 ing. Thefe Laws were made by the Franks,. 
 who were of Germany, and the Laws were
 
 xxxii The PREFACE. 
 
 Jb named from the River Sala tn Germany,' 
 near winch they were made. Hence comes 
 the Name of the Salic-book , called , Sal- 
 buch, like our Dooms-day-book in England ^ 
 and is flill extant in Germany to this T)ay. 
 ■ ' Thefe Laws were made in the third Tear of 
 Pharamond, King of the Qitixmxi Franks,- which 
 was One hundred and jive Tears before Jufti- 
 nian the Emferor, who publijhed the Imperial 
 Laws. The Author, where he has no Latin, 
 puts in his Franco-Germanick, of the Latin fa- 
 jhion. In thefe Salic Laws are to be found 
 feveral Names of Officers^ and many Terms 
 of Law which are ufed in our Laws to this 
 T)ay, as among many others^ Forrefta, Forre-^ 
 llarius, and Marchsi; There is al/b Grsifio, and 
 Comes, which was the fame with the Saxon 
 Earl, and he appears to be a Judge, and to have 
 had much the fame Authority ; nee placitum 
 Comes habeat , nifi Jejunus. Among thofe 
 Laws you will read of feveral Manners of 
 Trial, fuch as were ufed in the Time of the 
 Saxons, as the Trial by Fire Ordeal, by nine 
 red hot Tlowjhares ; there you will find alfo 
 the Qufiom of compounding for Manjlaughteri 
 by a Payment in Money called the Veragelt ; 
 from which no Body can doubt, but our Saxon 
 Ancejiors had their Weregild. Nay, in the 
 
 Laws
 
 The PREFACE, xxxiii 
 
 Laws of Henry I. you will find many things^ 
 in Stibjiance taken from the Salic Laws ; and 
 fome Laws , word for word^ the fame with 
 the Salic , and fome others from the Ripua- 
 rian Laws. Thefe Laws went with Phara- ■ 
 mond eight Tears after into France , and be- 
 came the Laws , and in froceJJ of time , the 
 Cujioms there. And fome time after, thofe of 
 the Weft em Goths went into Spain. 
 
 The Lex Almannomm , Bawariorum , & 
 Francorum {other than the Salic) were infti- 
 tuted by Theoderic, the Son of Clodove, who 
 firft became Chriftian, corrected by Childebert 
 andQ\.o\\\'3CLX, and perfe^ed byT>2i2phQxt. Af 
 ter follows the Law of the Lombards , who . 
 were a Colony of the German Saxons , and at 
 laft fettled in Italy, and now make Laws, ac^ 
 cording to the Saxon Inftittttioits ; and from 
 thence it is, that there is fitch a Similitude of 
 Laws , Cttftoms , Rites, and Words, between 
 their Laws and ours, as may be feen by a ve- 
 ry little labour in comparing the Laws of both 
 Nations. It was from thefe Germans , that 
 we learnt to call our Cuftoms and Ufages ^ 
 which have been time out of mind , the Lex 
 non fcripta, which was ujual among thofe 
 People ; fever al of their Laws being in ufe , 
 and pra^fis'd long before they were written. 
 
 c Now
 
 xxxiv The PREFACE. 
 
 Now of tins Body of the Englijh Laws , 
 our Author has chofe to treat of the mofi Jub- 
 lime and excellent Tart^ that is, the Govern- 
 ment, and what we now call by the Name of 
 the Conftitutton ; upon which depends , and 
 from which naturally flow, all other our muni- 
 cipal Laws, which concern Religion , Life, 
 Liberty , or Property. Every Body , at flrft 
 fight , mufl perceive our Government is not 
 abfolute or defpotic : Nor are our Laws cal- 
 culated for Slavery ; for as my Lord Claren- 
 don y^yx, more miferabk Circumftances this 
 Kingdom cannot be in, than under abiblutc Go^ 
 vemment and Popery. But tho' our Govern^ 
 ment be not abfolute, yet it is as truly Monar- 
 chical, and as powerful and great, as the mofl 
 arbitrary Kingdom whatfoever. And it is a 
 mofl certainTruth, that a Monarch <?^ England 
 at the Head of a Parliament , is the Great- 
 eft, moft Potent, and Happieft Trince in the 
 IVorld. 
 
 Our Scheme of Government is , without 
 doubt, the nob left, the moftjuft, and moft exa6f, 
 that perhaps ever was contrived ; for it pro- 
 vides for the Security and Happinefs of every 
 Individual, t ho' never fo inferior, and yet at 
 the fame time eftablijhes the Glory of the 
 Trince ; it fecures the Liberty of the Teople, 
 
 and
 
 The PREFACE. xxxv 
 
 ^dyet firengthens the Tower and Majefly of 
 $be King. And it is certainly true ^ what 
 the fat^e noble Lord fays , /;/ his Hiftory of 
 the Civil Wars, that our Conftitution is one of 
 (be flaineji things in the World, and fuch as 
 every Bo^y muft needs fee and feel, if we .^ 
 WQuld make but an honefi Ufe of our ^nder- 
 fia^ding ; yet out of what Trincifle I will 
 not fay , it is often mofl miferably miflaken , 
 ar at leaf mifrefrefented. 
 
 Therefore that this happy Conftitution might 
 f}ot be for got s I thought it a piece of Service to 
 my Country, to make thisTr eat ife pub lick -^ an4 
 I have no Reafon to doubt but it will live^ as 
 kng as the Trotefant Religion, our Liberties^ 
 and the Laws continue and have a Being ; an4 
 longer than that, no wife and religious Man 
 T^eedto be concerned. And if any of the Enemies 
 of our Conftitution Jhould at any time have 
 Tower to alter this happy Scheme ; / am apt 
 to think it would be , as Sir William Temple 
 Jays, like a Tyramid reverfed, it might ft and 
 fir a time, but could never have any long Con- ' 
 
 tinuance, but upon its own firm and natural 
 Bafis, And the Reader has reafon to expeB 
 here a juft account of our Conftitution , fince 
 the moft celebrated Writers of all Sides, have 
 ^fpeaiedJO JibkXrjatife by their Citations -^ 
 , ' * ex and
 
 xxxvi The PREFACE. 
 
 and have alloijued the Exa5fnefs and Authori- 
 ty of the Author y and his Work, in labouring 
 to have him thought of their Side. I believe 
 therefore, it will be agreeable to you. Sir, in 
 particular, ijuho have ever had a juft Efteem 
 for our happy Confiitution , and to every one 
 that has a concern for his Country , and de- 
 fires to freferve its Conjiitution, to judge for 
 himfelf and to take a full View of the Whole 
 Mind and Tiifpofition of fo great an Author: 
 and then he will eafily judge whether the In- 
 ferences made from him be juji and genuine , 
 which are by feme ^erfons pretended to be 
 drawn, front particular Vajfages of his Books 
 and of his Life, and with what Candour and 
 Sincerity he is appealed to. 
 
 The firft Copy of this Tiece I faw at Ox- 
 ford, feme Tears ago, in the Bodleian Library, 
 among the MSS. of Mr. Selden ; and being ta- 
 ken with the Excellency of the SubjcB, I pro- 
 cured a Tranfcript of it , which I carefully 
 examined my felf in Oxford, and collated the 
 fame with three other MS. Copies ; two of 
 which I found in the fame Library, among the 
 MSS. of Archbijhop Laud , and Sir Kcnelm 
 Digby, and the third I found in the Cotton 
 Library : But this Copy is the fairefi , moft 
 perfect and complete of them all, and was 
 
 tranfcriyd
 
 The PREFACE, xxxvii 
 
 tranfirib'dhy iSVr Adrian Fortefcue'j own Hand ^ 
 who was a T>efcendant from our Author^ and 
 lived in the Reign of King Henry the Eighth \ 
 for I find written upon this Copy, thefe JVords, * 
 Ille Liber pertinet Adriano Fortefcue Militi 
 manu propria fcriptus. Anno Domini 15-31, & 
 Anno Regis H. VIII. 14. But Archbijhop LaudV 
 Copy feems to be the mofl ancient, for therein 
 are to be found feveral Saxon Characters , im 
 feveral places , and fome very old Words dif- 
 ferent from thofe in this Copy ; but all the 
 various Readings which are material for the 
 curious Antiquary, I have noted in the Mar- 
 gin of this Book. 
 
 As to the Language, it is the Englijh of 
 thofe Times , participating very much of the 
 Mature of the Saxon Tongue ; for it has in it 
 many Words, and Terminations of Words, as 
 alfo many Thrafes, purely Saxon : A:td I chofe 
 to publijh it in its own Native T>reJ^, not 
 only as it is a curious ^iece of Antiquity, but ' 
 
 that every Man may be Judge for himfelf of 
 the true Senfe and Meaning of our Author, 
 and lay no Imputation on the ^ublijher, of 
 altering the Senfe, in attempting to give it a 
 more modern 'Drefs. The Antiquity of this 
 ^iece is a great Addition to its Value and 
 Worth '^for we have the Happinefs, Sir, to live in 
 
 c 3 a King-
 
 xxxviii The PREFACE. 
 
 a Kingdom^ where our Laws are not Jptin out 
 of Mem Brains ^ pro renata, but are confix 
 der'd, debated, tried, and f ranis' d\ and if af- 
 ter long Dfe and Experience, they are found 
 good and fervice able to the Kingdom, they are 
 delivered down to Tofterity ; and when they 
 have been thus in ufe, and pra6iis*d time out 
 of mind, then they commence, dndare efteem'd 
 fart of the Common Law of the Kingdom • for 
 thd all the Lawyers and Statefmen , now It- 
 ijing, fhould agree in the fame Sentiment with 
 Our Author, it would not have the fame Au- 
 thority ; for His nothing but length of Time ,- 
 Time immemorial^ can make any thing 7 art 
 of our Conjiitution. 
 
 That Sir John Fortefcue was the Author of 
 this Tiece cannot be doubted ; this MS. be- 
 ing taken notice of by Mr. Selden and fever al 
 other Antiquaries , and being fo long prefer- 
 'ued in the Family \ befides, there are fever al 
 Copies of it extant in fever al Hands, and al* 
 kw'd by all learned Men to be genuine. 
 
 He was made a Serjeant in Michaelmas 
 Term, in the Eighth Tear of King Henry VI. 
 andfojne time afterwards was made King's Ser- 
 jeant, and in the Twentieth Tear of the fam^ 
 King, he was made Lord Chief Jufiice of Eng- 
 iand : In which ^lace he difpenc'd Jufiice for 
 
 almofl
 
 The PREFACE, xxxix 
 
 almoji twenty Tears ^ with great Integrity 
 and admirable Abilities. All good Men^ and 
 Lovers of the Engltjh Conjiitution, Jp^^k. of 
 him with Honour \ and he Ji ill lives y in the 
 Opinion of all true Engltjh Men^ in as high 
 Efieem and Reputation as any Judge that 
 ever fate in Weftminfler-hall. He was a Man 
 acquainted with all forts of Learnings be fides 
 his Knowledge in the Law, in which he was , 
 exceeded by none, as will appear by the many 
 learned Judgments he gave when on the 
 Bench , in the Tear Book of Henry VI. His 
 Character in Hiftory, is that of Tims, Loyaly 
 and Learned \ and he had the Honour to be 
 caWd the Chief Counfellor of the King: He 
 was a great Courtier, and yet a great Lover 
 of his Country. 
 
 He had extraordinary Favours fhewn him 
 from his Prince ; for bejides the ufual Salary 
 of a Chief Jujiice, he had granted him an 
 Augmentation of it two fever al Times , by 
 two fever al Annuities ; the laft of which 
 was an Annuity of i^o Marks out of the Ham- 
 per, (a great Sum in thofe *T>ays) that he 
 might, Statum fuum, decentius manutenere, 
 as the Record fays ; and with that, was 
 granted the Sum of ii6 s. ii d. 4. percipien- 
 dum fingulis Annis ad Feftum Natalis Domini, 
 pro una Roba, dc Furrura pro eadera, erga 
 
 c 4 idem
 
 xl The PREFACE. 
 
 idemFeflura; & 66 s. 6 d. fingulis Annis, ad 
 Feftum Pentecofles, pro una Roba, &c Linura 
 pro eadem erga idem Feftum ; the like Favour ^ 
 as Mr. Seidell obferves, having never been 
 granted to any Judge before. 
 
 As to his Tedigree^ he was the third Son of 
 Henry Fortefcue, Lord Chief Juftice of Ire- 
 land ; who was Son and Heir to «y/> John For- 
 tefcue Knight ., Captain ^/Meaux Caftle, and 
 Governor of the Province of Brie in France, 
 under King Henry V. which Sir John was fe- 
 condSonof^iWizm Fortefcue ^/Wimefton, in 
 the County tf/ Devon, ^y^; whofe lineal Ance* 
 for. Sir Richard Fortefcue Knight , the He- 
 ralds fay, came into England with William the 
 Conqueror. He was of LincoInV-Inn, and pur- 
 chased a fmall Eftate, caWd Ebrighron, about 
 300I. per Annum, near Cambden in Glouce- 
 fleriliire, which has continued in the Family 
 ever fince, and is now enjoy d by your felf as 
 his Heir at Law, and lineally depended from 
 him. He now lies buried in Ebrighron Church, 
 where there is an ancient Monument erected 
 to his Memory ; to which is added a La- 
 tin Epitaph by Robert Fortefcue of Fil- 
 leigh, Efq-, Uncle to us both. 
 
 Befides
 
 The PREFACE. xli 
 
 Befides the Treatife, De Laudibus Legum 
 Anglix , which was refrinted with Notes by 
 the learn' d Antiquary Mr. Selden , and this 
 Treatife, he was the Author of fever al other. 
 'Pieces^ one of which , / believe , Mr. Selden 
 never faw, and which I have ; and perhaps ■ 
 fame time or other may fee light. 
 
 Having been fomething acquainted with the 
 Saxon Tongue , and finding in the Style of our 
 Author fo much of the Saxon Thra/e and . 
 Ideom, and indeed fo many Words entirely 
 Saxon , / could not forbear making fome Re- 
 marks on the Language ; which I the rather 
 have done , to refcue our Author from the Ig~ . 
 norance of fome , and Malice of others , who 
 are aft to take many of thefe old Ideoms^ for . 
 the Miftakes of the Author., or pretend to ob- 
 je6l them as fuch. And it will not perhaps 
 be difagreeable to the Englijh Reader, to have 
 the Obfcurities cleared up to him , aud at the 
 fame time , to obferve the great Affinity be- 
 tween our Language and the Saxon , and to 
 be thereby put into a Way to trace the Origi- 
 nal of the EngliJIo Tongue. The Injiances I 
 have made ufeof are generally fuch as are mofl 
 ufeful'., and the Tranfation of my Saxon Ro- 
 tations ^ I have purpofely rendered., not the 
 mofl elegant^ biit fuch as do moji exactly ex^ 
 
 prefi
 
 xlii The PREFACE. 
 
 frefs the Senfe^ and agree with the Saxon 
 Tongue^ for the Encouragejnent of Juch young 
 Gentlemen as may think it worth their while 
 ^ to look into that Language. 
 
 As to the Words I have glojfed, I have 
 not taken them on trujl from others, but have 
 Jearch'd the Originals my felf in almofl every 
 Language^ from whence I have derived them. 
 And in making fiich Glofs , I had a farther 
 View, which was to recommend the Study 
 of the Saxon Language , which I muft beg 
 leave to fay ^ is not only Ornamental, but^fe^ 
 fill, nay neceffary to fome Terfons and Stu^ 
 dies. 
 
 'Tis enough, in order to recommend it to all 
 curious Men andThilokgifts, to fay, it is the 
 Mother of our EngliJhTongue, and confequent- 
 iy to have a complete Knowledge of it , the 
 Saxon muft certainly be very ufeful. A Man 
 taiit tell twenty , or name the Days of the 
 Week, but he muft Jpeak Saxon-, and it fe ems 
 not becoming a Man of Learning to do that , 
 and daily to do it, and not to know what 
 Language he fpeaks. 
 
 This Language will help him to Multi^ 
 
 tudes of Etymologies, which he cannot learn 
 
 . from any other, and Juch as are ufeful in Con^ 
 
 verfation and Bufinefs. There is no Nation 
 
 that!
 
 The PREFACE xliii 
 
 that has had the leafl Tajte $f Learning, hilt 
 what have dealt in Etymologies , 'Whieh con* 
 taifi if^ their Nature, as well as Name, the 
 pttU Reafin of fixling Jhch particular Noti- 
 6ns and Ideas, to fuch particular Terms ; and 
 where genuine, give a more cofnprehenjheldea. 
 of the thing, and help Men to a greater Com- 
 pafs of Thought, and funiijh out Matter for 
 Argument. But tho' an Etymology, firiBly 
 Jpeakihg, is no more than a ^Derivation of the 
 fVord or Name ; yet Etymologies from a Sa- 
 ti^on Original, will often prefent you with the- 
 "Definition of the Thing, in the Reafhn of the 
 Na^ne. For the Saxons vften in their Names 
 Vxprefs the Natiire of the Thing ; as in the 
 fP^ord ]f*ariili, in tiK Saxon, it is I'pecj-t-fCype, 
 which fignifies , the Precirw!^ of which thfe 
 J^ridl had the Ciare ; ih Englijb, Prieft-Hiire. 
 iSo, ^al&ojiman-rcyfje, is the Difirion or Pre- 
 tin6l; over which the Earl heretofore , as now 
 the Sheriff, had Dominion or JurifdixStion , 
 which we now call a County ; in Englijh, 
 the Alderoaan^^ <ir Earl's-lhire. Throne in Sm- 
 Mn , is expreffed by the compound fVord 
 1fc)pyrfi-fet;tle , that is, the Seit of Majelly. 
 A Lunatick is caWd Cgona'S-reoc, that is, one 
 ^\fi^ is fick every Month, ^ Moonfick ; and 
 ■^%- - Qne
 
 xliv The PREFACE. 
 
 one poffefs'd with a Devil, is caWd, Deopel- 
 j-eoc, or Devil- fick. 
 
 The Saxon Word^ Gop^-^emer, Earth-mete, 
 or Earth-mealure , Jignifies juft the fame as 
 the Greek Word Geometria , Geometry, and 
 is a Compound of the like Words ; for Bop's, 
 fignifies Earth, andUemev, Menfiira, d?r Mea- 
 liire. j^nd had we not loft this old Englijh 
 Saxon Word^ eop^-^emer, and taken into its 
 flace the Word Geometry, from the Greeks, 
 People could never have been fo filly as to 
 fay, as is ufially faid of a nice Tiece of Ar- 
 chiteBure , that it hangs by Geometry ; for 
 the common Teofle, in thofe ^ajs , knew 
 what was meant by the Word then ufed, as 
 well as the beft Grecian, by that which is fib- 
 ftituted in its place. 
 
 From hence, one might be tempted to think 
 that the commonTeo fie, in theTime of the Sa- 
 xons, underftood more than the common People 
 now, or at leaft were lefs exposed to Miftake ; be- 
 caufe the Words of their Mother Tongue were 
 more comprehenfive and fcientifical, and lefs 
 liable to give them wrong Ideas. So the Sa- 
 xon Word Depim-cpzepci^, exprejfes an Arith'- 
 metician, as well as the Greek A^Ojuel JKor , 
 Qr Latin Arithmeticus ; indeed , it expref- 
 
 fisi
 
 The PREFACE. xlv 
 
 fes it more fully ^ for Depim, fign'tfies Number, 
 and cpsepn^ is crafty, or knowing, that is ^ 
 one knowing, skilled, or skilful in Numbers ; 
 whereas the Greek imports only a Numberer, 
 or one that has fome Relation or other to 
 Numbers ; and this was underftood by every 
 Saxon Teoman , without the Affiflance of any 
 otherTongue. Now this Jhews, that we had no 
 neceffity of taking in thefe Greek Words into 
 our Language^ to exfrefs the Idea, which 
 was as well exfrefs'd before, but only out of 
 delicacy, becaufe they feem' d to have a better 
 Sound. When the Words which flood for 
 Arithmetick, Geometry, Aftronomy , Rheto- 
 ric k , and Grammar , were ffoke among the 
 Saxons, every one underftood them ; but now 
 having fubflituted Greek Works in their pla- 
 ces, they are not underftood by any but the 
 learn' d , tho' every Body would underfland 
 them, had they been continued in our own 
 Language. So an Aflronomer , Rhetorician , 
 and Grammarian, in that Language, are ex- 
 prejfed by , Tun^ol-cpaepn^ , Sppsec-cpxpn^ , 
 and Scsep-cpsepn^ 5 Tun^ol is a Star, Sppsec is 
 Speech , and 8ciEp is a Letter. Kow thefe 
 exprefs the Ideas more fully than the Greek ; ^ 
 importing one skilful, or skill' d, /« Stars, in , 
 Speech, and in Lttttis. Hence it is that the 
 
 learn'd
 
 xhi The PREFACE. 
 
 leartCd Ifagc Cafaubon fays^ this I^angu^ge is a 
 great Iipirator of the Greek. 
 
 This Obfervation of the Saxon Compounds 
 dlreSily overthro'ujs that vulgar Error, that 
 the Saxon Language confifts moflly of Mono- 
 Jyllabks. It is true indeed^ that rnoft of our 
 Englijh Monojyllables come from the Saxons^ 
 but they have a vaft Variety ofcompoundJVords, 
 and fome of feven or eight Syllables ; and of- 
 ten compound into one Jingle JVord^ three or 
 four Words ufed in Latin, or modern Englijh, 
 to exfrefs the fame thing ; as, the Diocefs of 
 the Biihop of London , in Latin , Prsefediura 
 JEpifcopi Londinenfis, is exfrefs' d by one Word 
 in the Saxon, Lon6on-ceaft;ep-bifcop-fercW, the 
 Biihop of London's Seat or Sec. So, CanCfipar 
 bypj^-cypica, in one Word, fignifies the Church 
 of the City of Canterbury ; in Latin, Eccjeija 
 Cantuarienfis. Un-^elyjjen&bc, fignifies not to 
 be believed ; un-5ej>eacen&hce5 without Fore* 
 thought ; un-^epicni^enbhce , without Punifl> 
 ment, or Scotfree. So that in Compounds this 
 Language is very happy , wherein are ex^ 
 prefs'd the ^alities. Relations, and Affe* 
 ^ions of things , confpicuoujly and elegantly. 
 Death is exprefs'd by DarT'^e&al, which word 
 for word, fignifies the Separation of the Soul 
 from the Body, or Soul-Separation ; Gar^, fig* 
 . ---ii fiifyiJig
 
 The PREFACE. xlvii 
 
 ntfytng Ghoft, or Soul, and trebale, Sepa- 
 ration. 
 
 What fad Work does a vulgar Capacity 
 make of the hard Words, Orthodox, and Ha^ 
 r€tick\ when, Jhouldyou have Jpoke the fame 
 things in the Saxon Language , wherein Or* 
 thodox is exprefs'd by piht-^eleap-puU, one 
 who was full of, or had a right Belief ; and 
 Heretick by Dpol-man, one who dwells in Er- 
 ror, the jpLaineft Saxon Churl would have un- 
 derftood you ; nor could he here have under- 
 flood the Terms without the Thing ; nor was 
 there need of School-Learning to underftand 
 thofe Terms. How handfome is the Word 
 Pharifees exfrefs'd among tJoe Saxons, who 
 call'd them, j-unbop-hal^ena, or ieparate-holy ^ 
 Men holy apart by themfelves, of a Holinefs 
 whereby they were ieparated and diftinguiih'd 
 from others ; jpuobop, flgnifying apart, and 
 hal^ena, holy. 
 
 This is the Language in which the ear* 
 liefl Royal Progenitors, of our moji pious and ' 
 excellent ^een , founded the true Religion 
 among us ; in this Languge they received 
 the Chriftian Religion , and the joyful Ti- 
 dings of the Saviour of tlye World. In this 
 Language, the Ancient Fathers of our Comh 
 try, the pous Saxon Kings, laid the hap^ 
 \ ' ' Founda-
 
 xlviii The PREFACE. 
 
 Foundations of our Liberties and our Laws. 
 Here you may fee how they guarded their 
 Religion by their Laws. They prohibit- 
 ed by an exprefs Law , not only to exercife 
 any Callings but to do or tranfadi any world- 
 ly Buflnefs , on the Sabbath-day ; and this 
 Law not being ever repeal' d, as we know of 
 nor {as is to be hoped) ever grown into fuch 
 univerfal 'Difufe as to induce a Probability of 
 a Repeal, why Jhould it not be the Common 
 Law of England ? So firi6i were our pious 
 Anceftors in keeping this T>ay holy, that they 
 made a Law , that if a Villaiti or Slave did 
 work on the Sabbath-day , if it was by his 
 Mafiefs Command, he thereby became free ; 
 and the Lord was to forfeit 30 s. which was 
 then near as much in ^antity as ^\. now ; 
 but if fuch Work were done of his own Head, 
 without his Majier's Knowledge , the Villain 
 or Slave was then to be whip'd : And if a 
 Servant who was free, broke the Sabbath 
 without his Maftefs Command, he thereby be- 
 came a Slave , or elfe was to forfeit 60 s. a 
 vaji Penalty for a Servant in thofe T>ays. 
 And in cafe a Trieji did offend in this Nature^ 
 he always was by their Law ( in this cafe , 
 as indeed in all other) to forfeit double what 
 a Layman was to forfeit ; becaufe they thought 
 
 he
 
 The PREFACE. xlix 
 
 be was more inexcnfable^ as knowing his T^u- 
 ty better, and the Example would do double 
 the Mifchief. The Ten Commandments were 
 made part of their Law , and confeqttently 
 were once part of the Law of England ; fb 
 that to break any of the Ten Commandments^ 
 was then efteem^ da Breach of the Common Law 
 ^y England;. andwJoy it Is not fo now, perhaps 
 it may be difficult to give a good reafon. 
 
 To a Lawyer , even a ^radlicer at the 
 Bar , this Language cannot but be of great 
 'Dfe ; fince the very Elements and Foundati^ 
 ons of our Laws, are laid in this Tongue ;■ 
 and for want of it the very Terms of our 
 Law are fometimes miftaken, and often not 
 throughly underjiood : for we have many\ 
 Law Terms which feem to be French, yet are 
 only difguifed in a Norman T>refs, and really 
 have a Saxon Original. As to injiance in one 
 Word, injiead of many ; we read in the Com* 
 mon Law many things concerning Name, Nam, 
 Naam, fometimes Namps and Nams, fignifying 
 aDiftrefs, which in the barbarous Latin, isNa.- 
 mium; and from thence comesN^im^Mio, and the 
 Ferbn^msLYQ, to deftrain. All which are plainly 
 Saxon Words turn'd into French and Latin ^ 
 and come from the Saxon Verb niman, capcre , » 
 to take ; which, when tmderfiood, ferves very 
 
 d much
 
 140 
 
 I, The PREFACE. 
 
 much to clear uf all that tntrtcate and ab- 
 firufe Learning , de Namio , and to fut an 
 End to the H>ifputes about the difference be- 
 tween Vetito Namio and Withernam ; about 
 2-^# which many, as my Lord Coke fays, have er- 
 red, thinking they were the fame. Now he, 
 to /hew the T^ifference; appeals to the Etymo- 
 logy of the Word Withernam , and fays it 
 comes frofn the two Saxon Words Weder, and 
 Naam ; Weder, fays he, which common Speech 
 has turnd to Oder, or Other ; and^zzrcL^ which 
 comes from the Saxon nemmem, or nammem, to 
 take hold on, or diftrain. Now they who are 
 acquainted with the SaxonTongue, know that 
 there are no fuch Words as thefe in that Lan- 
 guage ; yet this is to be reckoned Vitium Sseculi 
 only , and not to be imputed to that great 
 Man, but to the want of Books and other 
 Helps to the Underfanding that Tongue .• 
 However the Meaning of thofe Words, which 
 my Lord Coke fuppos'd to be true Saxon , be- 
 ing much the fame with the true Saxon, his 
 Arguynent remains as flrong and forcible:, and 
 at the fame time the Error argues a ftrong Ne- 
 ceffity of underftanding this Language, to clear 
 up fuch 'Difficulties. 
 
 For the trueDerivation o/* Withernam is from 
 the Saxon Words pijjep, wither, which flgnifies 
 
 contra
 
 The PRE FACE. li 
 
 contra, contrary ; and nam, or mm, caprio, or 
 taking ; that is. Contra captio, contrary taking, 
 or taking by way of Reprilal, which is the 
 true Meaning of this Word, and to fearch for 
 any other Original is in vain. This clearly ex- 
 plains what is meant, by taking Goods in Wither- 
 nam, which is no more than to take other Goods . 
 ^ John a Stiles, /;/ lieu of Goods which he took 
 under colour of diflrefs, and will not deliver 
 when required by Law. So in the Cafe of the 
 Writ^ called de Homine replegiando, which if 
 fues to deliver up the T erf on of another, when 
 he is detained againft Law ; if he who had the 
 Qufiody of him, has difpofed of him elfewhere,^ 
 fo as that he is not delivered according to the ■ 
 Command of that Writ , another Writ goes 
 out which is called a Capias in Withernam , 
 which is to take his Body by way of Reprifal. 
 This Word Withernam alfo fignifies Reprifals 
 taken at Sea, by Letters of Mart-jhips. 
 ' The Words naam, nam, and nim come from 
 the Saxon Verb mman, Capere, to take ; and 
 ftri^Hyfignifi t2ikm^^ but figuratively tht thing 
 taken ; and thence it is, that Namps a7td 
 Namium come to fignify a. Diftrefs : as where 
 mention is made of thofe who hold Tlea de 
 vetito Namio, the Meaning is, holding 'Plea 
 of "Dijireffes taken and forbid to be replevied,: 
 
 d X This
 
 The PREFACE. 
 
 This Inftance Jhews how precarious it is, ta 
 borrow Etymologies from- others , and to trujl 
 to Tranjlations for the very Terms of our 
 Laws. 'Tis too common an Opinion among 
 thofe who ftudy the Law, that the Knowledge 
 of Law French, as they call it, is ftijfcient 
 for making themfelves Majiers of their ^ro^ 
 fejfion ; whereas 'tis plain, that having Re- 
 courfe to the Saxon Originals is of great 1)fey 
 not to fay Necejflty , to a perfe^ Knowledge 
 of the true Reafon of the Law , which for 
 want thereof is fo often and fo grojly miftaken. 
 Indeed, without being acquainted with the 
 Law French , wherein fo much of our Law , 
 yet in force, is written, a Man cannot pre- 
 tend to the Name of a Lawyer ; but by adding 
 the Saxon to it, both the French, and the Laws 
 therein wrote will be much better and more 
 clearly underfiood. 
 
 And here I cannot but obferve , that while 
 the Saxon is totally neglected, fome, not con- 
 tent to learn the Law French for what is al- 
 ready wrote in it, feem fond of the Ufe of it, 
 and of writing new things in it ; but for 
 /what reafon I am at a Lofs, and at a great- 
 er yet , why any Lawyer Jhould write Re- 
 ports in that Tongue. The beji Law French 
 is that which we find in the old Statutes 
 
 and
 
 The PREFACE. liii 
 
 and Tear Books, which is fiippos'd to be that 
 Tongue which the French Jpoke about the Time 
 of William the Fir ft , and fome time after : 
 That is to fay , it is tJ^ Speech which the 
 French themfelves have laid afide as impure 
 for above five hundred Tears. So that Law 
 French is nothing but the barbarous unpolifdd 
 Beginning , or Chaos of the modern French ; 
 and fe ems, in my Opinion, to ferve for little 
 elfe , but to cramp good Senfe , and coyifine 
 the beft Reafoning, within the narrow Limits 
 of a Tongue form'd in the Ignorance of Times. 
 Andean any Englijhman, whofe native Tongue 
 far exceeds the French (ifter all its Refine- 
 ment , value himfelf upon writing in that 
 which is the Refufe of the French Language ? 
 But if we confider the prefent State of Law 
 French , as ufed by fome modem Reporters , 
 wherein all the antiquated true French is lofty 
 and inftead thereof Engliflo Words fubftituted 
 with French Terminations tackd to them ; this 
 ft ill makes it worfe , and thereby it is become 
 even the Corruption of an imperfect and bar- 
 barous Speech, underftood by no Foreigner, not 
 even by the French themfelves , ferving only 
 as a Mark of our SubjeBion to the Normans, 
 and for the ufe of which the French dejpife m^ 
 
 4 3 ^^jt
 
 liv The PREFACE: 
 
 Nay, can any Englijhman write in this 
 Tongue, arid not bring to mind that JIaviJh T>e' 
 Jlgn ^t/' William the Fir ft, totally to extinguijb 
 and abolijh the noble Englijh Language ; for 
 which Turpofe he made a Law, that all T lead- 
 ings in Court, and Arguments at the Bar, and 
 on the Bench jhould be in French ? But the 
 *T> e Jlgn failed '^ for tho' this might flop the Tro^ 
 grefi of our Language, it could not extirpate 
 it, alt ho' that Law continued till 36. E. Ill, 
 when a Law was made by that great King, for 
 the Reftoration of the Englijh Tongue. The 
 true Reafon of that Statute , is given in the 
 Preamble ; That in foreign Countries, Juftice 
 was always obferved to be be ft done, where 
 their Laws were ftudied and pra6lifed in 
 their own Language, I Jhall then Jeave it to 
 be confidered by thofe who publijh Reports 
 in Law French ; Whether it is not a T>iJho- 
 nour to our Nation , an Affront to our Lan- 
 giiage , infinitely preferable to that of the 
 French, and a Compliment paid even to the Bar- 
 barity of that Teople ? Whether it is not doing 
 Injuftice, to every eloquent Judge upon the 
 Bench, and to every good Speaker at the Bar, 
 and miferably enervating the Arguments of e- 
 very handfome Reafoner ? It is. not in the 
 Tower of that Language, even in its Turity \ 
 
 * - ^ and
 
 The 1* RE FACE. Iv 
 
 and higheft Improvement^ to reprefent a good 
 Mafculine Engl'tjh Speech ; and^ were it ne- 
 ver Jo good a Language, a Tranflation can ne- 
 ver come uf to the Original \ and writing Re- 
 ports in French is nothing but frefenting the 
 World wit hTranJlat ions, injiead of Originals. 
 
 But to return to the T)fe of the Saxon Tongue ; 
 a Lawyer has this farther Advantage, from 
 the Knowledge thereof-^ for it will bring him 
 acquainted with a Body of Laws, made under our , 
 Saxon Kings, for the Space of about jive hundred 
 Te(irs, as yet extant in this Language, and 
 moft of them printed and tranjlated by Mr. 
 Lambard, tho^ to great 'Difadvantage. But, 
 for the Benefit of the Trofejfors of the Law\ 
 and other Lovers of Antiquity, the reverend 
 and learned Mr. Elftob dejigns to publijh a 
 more compleat, and more correB Edition of 
 thofe Laws ; from whom, as he is Mafier of 
 the Language wherein they are wrote, and of 
 the other Northern Tongues, as well as skilled 
 in Hijiory and Antiquities, the World may ex- 
 pe6f a very exaB, and very ufeful Tiece'. 
 
 In this new Collediion of Saxon Laws, there 
 will be added King EthelbertV Laws, who 
 was the firft Chriftian King of the Saxons, 
 never before pub lijhed in any Volume of Laws. 
 In this., l^zxD^zx^s Tranflation of what he pub- 
 ■ d 4 Itjhed^
 
 Ivi The PREFACE. 
 
 I'ljhed, will be reBtfy'd, and the tr tie Sen fe and 
 Spirit of the Laisu preferred throughout ; to- 
 gether with learned References and Obferva- 
 ' . tlons thereupon. And thefe Laws^ give me 
 leave to fay^ Sir, tho' of fo great Antiquity^ 
 will appear upon an impartialTerufalofthem^ 
 to be neitherfojhort ,norfo rude^ but that they will 
 endure a Comparifon, with the befl Specimens of 
 this kind to be met with, in the early Laws of 
 neighbouring Nations, tho' of a much later date 
 than thofe ; and 1 doubt not will be highly ac- 
 ceptable to all Lovers of Antiquity, and par- 
 ticularly ufeful to the Englijh Lawyers, who, 
 I hope, will find both Tleafure and Infiru6tion 
 therein, and that none will think he has fint- 
 jhed his Studies of the Common Law, without a 
 diligent ^erufal of them, in the Tongue wherein 
 they were wrote , thd he make ufe of the 
 Tranflation to ajfifl him in fo doing. A Fo.. 
 reigner would be furprized, Jhould he hear 
 that ftich a Body of our Laws was wrote in 
 a Language, which was the Mother of the 
 Englijh Tongue, and that our Englifh Law- 
 yers did negle^ the Original, and thereby were 
 forced tojloop to Tranflatians. To quote Lam- 
 bard'j- Tranflation of the Saxon Laws, is like 
 quoting of Dacier, for a Verfe in Horace ; or 
 L'Eflrange,/^r a Tafage in Tully'j" Offices. In 
 
 which
 
 The PREFACE. Ivii 
 
 *which the Authority is really attributed to the. 
 Tranjlator, and not to the Author ; for in the 
 one cafe you quote Laaibard , and not the Saxon 
 Laws, and in the other L'Eftrange , and not 
 Cicero. 
 
 ^Tis endleJJ to recount the Miftakes of great 
 Lawyers, Hiftorians , Geographers , Lexico- 
 graphers and Antiquaries, for "want of fome 
 Knowledge in this Tongue. The mention of 
 fome few of them may be ofufe, to incite young 
 . Gentlemen to fiudy a Language , the want 
 whereof has betray' d fome great Men into Mi- 
 flakes ; and for that End only, and not out of 
 any Vanity offoewing their Failings, but with- 
 all due Regard to their Characters, I beg leave 
 to hint fome few of them. This Language was 
 very little known in my Lord CokeV Time, who 
 had little AJfiftance therein, and few Oppor- 
 titnities of being acquainted therewith, with- 
 out fpending more time than it was poffible 
 for him to /pare from his more necejfary Stu- 
 dies , elfe his Etymologies would have been 
 much more exaEi. He fays in his firft Infti-^ 
 tutes , that the Word Heriot comes from the 
 SaxonW^i^2^Q2X, that is, fromYlQXQ, Lord, and 
 gear, beft, as much as to fay, the LordV beft ; 
 hut this is very wide of the true l^erivation, for 
 Jieregeat, by the Saxons wrote thus, Jjepegeat:, 
 r among
 
 Iviii The PREFACE. 
 
 among themfignified^^vzws apparatus, Armour, 
 Weapons, or Provifion for War, from the Saxon 
 Word\)G^&^ <?r here, 'which fignijies an Army , and 
 ^eat:, or ^eot:, fulus, effiilus, quafi fuerit quid 
 in Exercitum erogatura, and was a Tribute of 
 old given to the Lord of a Mannor, for his 
 better Preparation towards War ; and there- 
 fore at their firfi Injiitution, they were 
 faid in Arms and Habiliments of War , as 
 you will fee among the Laws of King Canutus : 
 One of the King's Thanes was to pay for his 
 Heriot ; four Horfes, two of them equipped, 
 two Swords, four Spears, and as many Shields^ 
 a Helmet, and a Coat of MaiL 
 
 So that it feems this Heriot was fo far 
 from being the befi Beafl, that it was rather 
 the befi Arms. And indeed, this was an In- 
 vention of King Canutus, to fupply the Want 
 of his IDanijh Army, which he had disbanded 
 at the Importunity of his Subjects , by procu- 
 ring great Tart of the Arms of his Kingdom 
 to be given to him, and to Lords of Alannors 
 under him, as a Tribute. This Jhews likewife 
 how this Service of a Heriot, dijfers from that 
 of a Relief, which is confounded by many JVri- 
 ters with the Heriot , as tho' they were the 
 fame ; but we never read ofanyfuch thing as a 
 Relief among the Saxons, In Trocefs of Time, 
 
 this
 
 The PREFACE. 
 
 thh Heriot came to be paid in Goods, and 
 now very often in Money. 
 
 So my Lord Coke brijtgs the Word Hufting, 
 from two Saxon Words J^uj-, a Houie, and^m^:^ 
 Thing ; whereas the Word is a pure Saxon 
 Wordy wrote thus, jXij-tin^e, and in that Lan- 
 guage fignifies Concilium, ^/^ Council in general; 
 or a Court. And therefore it was apply ed tO 
 the fupreme Court of the City of London ,- 
 calledThcCourt of Huflings, which is of Saxon 
 Extra^, and heretofore was held every Mom 
 day. In this Senfe you find the Word ufed in ' 
 Cron. Sax. An. loix. Irenamon ]?a ]>one Bifceop^ 
 ^ la'5&en hine ro hiopa J^uj-rin^ 5 Th^y took the 
 Billiop, that is, Elphegus, and led him to thei^ 
 Council. 
 
 It isfaid by my Lord Chief Jufiice Holr, in 
 Keyling'j- Reports, in the cafe of the Queen and 
 Mawgridge, that Murder was a Term, no 
 where ufed but in this IJland, and was a Word 
 framed in the Reign of King Canutus, upon a 
 particular Occafion ; and for that, he quotes 
 a Law of Edward the Confeffor, in the fol- 
 lowing Words, Murdra quidem inventa flierunt 
 in diebusCanuti Regis, But this Word Mur* 
 der, is a Saxon Word, and to be found in fe- 
 *ueral Places in the ancient Saxon Laws, and 
 fs of a very ancient T^ate^ probably as old as^ 
 ^ , the
 
 The PREFACE. 
 
 the Saxon Tongue itfelf, which is about five 
 hundred Tears older than Canutus'j Time. 
 We frequently in Saxon Authors find the Words 
 OQopbup, OQop^ep, and'^)opbop^ Murther, ^r Mur- 
 der, andthefe come from the ancient Saxon Word 
 OQop^, which fignifies a violent Death, or fiid- 
 den Deftrudtion, and fometimes fignifies Mur- 
 der in'the frefent Senfe of our common Lawyers. 
 From hence comes the barbarous Latin Term 
 Mordrum, /2»^ Murdrum, and the Verbs Is/lor- 
 drare, Murdrare, ////^ Mordridare, which are 
 of much greater Antiquity than King Canutus, 
 who began his Reign but in ioi5. Sometimes 
 Murder among the Saxons^ is exprej^'d by 
 O^op^-bseb, /2«^ cX)op'6-peopc, a deadly Work, or 
 baneful Deed. So cx)op'S-rlap, is a Murderer, 
 in barbarous LatinMurdrztor, and ^Dop^-j-la^e, 
 a killing, or murdering. In Teutonic k 9l^C0;tI > 
 y^»iyf(Pj- Death, from thence you have 9^£Djliec(l0» 
 a violent Death, Homicidium, Trucidatio, vulgo 
 Murdrum , in French Meurdre , in Spanijh 
 Muertre, in Englijh Murder. From thence the 
 Teutonick Verb ^aJ^lICIt, is Murdrare with 
 them ^ and from thence comes the Adverb 
 fl^CD^HClfnCfejEi » infidiofe , more Sicarii , vulgo 
 Mordrice. In Iflandick it is S^O^H? which fig- 
 nifies Homicidium occultatum, and Q^O^DUlgjS 
 fiands for Sicarius, an Aflaffin. In Gothick it is 
 
 Maurther;
 
 The PREFACE. 1 
 
 XI 
 
 Maurther ; in many Places in the Gojpel 
 you'' II Jind this Word fignifying wilful Murder, 
 , Mar. 15". 7. Thaei in Antigodau Maurther Ga- 
 tawideaun, in Englijhy Who had committed 
 Murder alio in the Infurredion. John 8. 44., 
 Gains Mann^ Maurtherga was fram frumiftga, 
 that is. He was a Murderer from the begin- 
 ning. 1)^on this Occafion Marelcal fays. Com- Ghjfar, 
 
 plures interim viri lummi, jam olim obfervave- ^^^^*' 
 ^ -^ cum. 
 
 lint, maximos quolque Septentriones Legifla- 
 tores mtXim & ttltirU^t, vocabula varie (pro rati- 
 One nimium fibi peculiaris dialedti) in Legibus 
 Latinis adhibuiffe ; unde poftea plures quoque 
 Europse i voces eafdem deprompfifle atque in ver- 
 naculum fibi fermonem tranftuliffe judicantur. 
 From hence it feems fretty flain , that this 
 Term was not only ufed in foreign Coun- 
 tries , but is of very great Antiquity among 
 them, and common to almoft all the Northern 
 Nations. 
 
 And as the Term Murder was frequent 
 among the Saxons , fo from them we had our 
 Law TVord Manflaughter , which manifeftly 
 comes from the Saxon Word CQanflyhue ; and 
 among King InaV Laws, there is a Title of 
 Laws called. Be CQanj*lyhre , de Homicidio ; j^^^ j^^g^ 
 
 and the Crime there mentioned is M^nH^mhter ^'^'^•33> 
 
 24. 
 onl)', in the Senfe of our Laws. They had al-
 
 Ixii The PREFACE. 
 
 fo a Term call'd Deop-j-lyhre, or Thicfflaughtef / 
 which was, when a Man flew a Thief jufl up- 
 on doing the A6i\ in which Cafe^ to Jhew that 
 it was not wilful Murder , he was to fwear , 
 that he kiWd him flying as a Thief, and im- 
 mediately upon the FaB being done. 
 
 Nor is it dijfcult, in my poor Apprehenflon^ 
 to make it appear that there were the fame 
 *T>iflin£iions among the Saxons, between Mur- 
 der and Manflaughter, as now are ufed in our 
 Law to this Tyay ; and fo is the Saxon Law of 
 King Canutus to be under flood, where 'tis f aid ^ 
 Dip open mop^ peopj) "^ CTQan fy amyjibjiebe, hie. 
 ''■: That if an open and notorious Death be brought 
 - about , fo as that a Man be murdered ; left 
 fuch a one be given up to the Relations of 
 the flain ; and if he be accufed of killing 
 the Man , and upon his Tryal the Fadt be 
 proved on him , but not in what manner, as 
 that it was wilful ; let the Billiop judge him.- 
 Canut^ T^here is another Law runs thm ; Houfe-break- 
 $-3.61. ing, burning of Houles, open Theft, that is ^ 
 Robbery, and open and notorious killing, cal- 
 led jebep-OQop^, or Murder , are botelels, that 
 is, uncxpiablc. 
 
 And with a little Enquiry it will be found- 
 that thefe T)iflin£iions , together with the- 
 Word Murder , were in ufe in other Nations 
 
 before
 
 The preface; Ixiii 
 
 before ours, from whence, in allT rob ability, we 
 had them ; and are fill in ufe in fever al'P arts 
 <?/ Europe to this l^ay. In many of the Laws 
 in the Codex Legum Antiquarum, fecret Ho- 
 micide is called Murder , not according to the 
 common -Notion that fome Lawyers have had 
 of an Homicide done between two Terfons y 
 and no one frefent ; but as done with Marks 
 of intended Secrecy and labour" d Trivacy , 
 which necejfarily infers Malice premeditate , 
 which is Murder at Common Law. The B3.-hf. Leu 
 varian Law calls this Species of Homicide , -^^^^^.''- 
 
 -'■ '' rum, 1 It. 
 
 Murder. Si quis liberum occiderit furtivo mo- \%.Sed. 
 
 do, & in flumine ejecerit, quod Bawarii mur-^'^' 
 
 drido dicunt, ^c. So in another Tlace, Si quis 
 
 furtivo modo, occilus fuerit, & ita abiconlus quod 
 
 gamurdrit dicunt ; fuch Offences were capital^ 
 
 and the Offenders were to be fubjeSf to their 
 
 whole Weregild , which was Pretium Capitis. 
 
 So inter Leges Frifonum, there is a Title ^^ Int. Leg 
 
 Mordrido , which is the fame as our Murder, ^^^fi""^i 
 ' . ca. 20. 
 
 and a diftin6i Title, de Homicidiis. So among * 
 
 the Longobard Laws we read, Quicunque Z;?^. i:^^. 
 veneficio feu quolibet modofurtivse mortis per-f'^y* 
 emerit, aut confentiens fuerit, mortis fententiam Tit. 9. 
 incurrat, omniumque luarum rerum mobilium ^^*^" 39" 
 & immobiiium facultatem amittat. Among the 
 Wilbgoths there is this Law, Quicunq; nelciens 
 
 hominena
 
 Ixiv The PREFACE. 
 
 ^"t--^%' hominem occiderit , & nullum contra eum 
 Li.6.Tit. odium habuerit , reus mortis non erit , hon 
 ^ enim juftum ut poena percutiat quern voluntas 
 
 homicidii non cruentat. One who kills ano- 
 ther, as the fame Laijus fay, incaute vel indi- 
 Icrete ex improvilb id;u , becatife it was not 
 committed, difpofito malitia^ fpiritu, aut noccndi 
 voluntate, was not efie em' d guilty of the Infamy 
 ^Murder, quia mortuum voluntarie non occi- 
 dit. This anfwers to our Homicide per infortu- 
 nium, ^r Chancemedley. And the fame Law i 
 fay, that AccefTaries in Murder are Principals. 
 So in fever al Places in the Longobard Laws, 
 we read of the fever al Species of Homicide^ 
 Int. Leg. call'd in our Law , Homicide ex neceffitate. 
 Tit. 9. <^nd le defendendo ; as alfo Tryals by Battle, 
 Sect.!, pjy,^ and Water Ordeal, fuch as was among 
 the Saxons ; and many other Inftances might 
 be given of the like nature if it were not too 
 tedious for a Preface. 
 '^'"" The Lawyer will find a farther ^fe of 
 
 the Saxon Tongue, in reading ancient Grants 
 and Charters of Trinces , Foundations of 
 Churches, and Bijhops Sees, the Bounds and 
 Limits of Counties , Towns and other Tre- 
 cin£ls , which are not well to be under food 
 without the AJfftance of this Language. The 
 frft Charter of the City ^/London , which is 
 
 extant
 
 The PREFACE. Ixv 
 
 extant is 'wrote in the Saxon Tongue, procured 
 by the then B'ljhop of London from William 
 the Firjl ; but is no where y that I know of 
 well tranjlated. 
 
 How lame are all our Law Visionaries hi 
 rejpe^f of the Saxon Etymologies ? It is fre- 
 quent to find not only one Letter for another, 
 but fometimes one Word for another, and of- 
 tentimes Words fet down for Saxon , never 
 heard of before ; and not underftanding this 
 Language they tranfcribe one from another, fo 
 that the Editions, injiead of being better, are 
 worfe and worfe, and the laft Edition becomes 
 more corrupt than the firft. 
 
 There was cnce a Vifpute in a Court of 
 Juftice upon a Leafe , wherein there was a 
 Refervation of Rent half yearly at Rudmas- 
 ^vj : This Rudmas-day pizled the Counfel 
 grievoufy , and they knew not what to make 
 of it : they had never heard of St. Rudmas , 
 nor could find any fuch Saint in all the Ca- 
 lendar ; at laft whpi it was unfolded that 
 '^ctQ fignified Qi Crofs, ^WMafTe-day <?r MefTe- 
 day fignified a Fea(l-day ; then the Matter 
 was plain, the Exprefiion fignifying Holy- 
 crols-day, or the Feaft of the Holy-crofs , and 
 the half yearly Refervation at Rudmaffe-day 
 referred to the two Feafts of the Holy-crofs ; 
 
 <? the
 
 Ixvi the PREFACE. 
 
 the one "ji'hetrof is the third of May, which 
 is caWd the Invention of the Crols , ajid the 
 other is the Exaltation of the Crofs, which is 
 the fourteenth day of September , and known- 
 to this day to all concerned about Vent fin ^ by 
 the Name ^t/' Holy -rood-day. 
 
 //; the Cafe of the Queen and Serjeant Whit* 
 taker, which was in the Queen's Bench, Trin. 
 Term in the fourth year of this ^een , on a 
 Mandamus to rejiore the T^efendent to the 
 ^lace of Recorder of Iplvvich : If the Force 
 of the Saxon Word pic, Wic , and the man- 
 fier of Jf caking , familiar amongfl our An- 
 ceflors ^ had been thorougly conflder'dy there 
 would not have been fuch a long Di/pute, whe- 
 ther there was a Variance between Villa de 
 Gippo, & Villa de Gippo Vico. For in Sa- 
 xon the JVord'^ic^ in Englijh W\ch, fignifies a 
 Town, but is oftentimes in that Language made 
 alfo a Termination to the Name of a Town , 
 which yet is a complete Name without it ; and 
 fi fig'^^^fi^^ only emphatically , and not any 
 thing different from the Name of the Town ; 
 as Lun&en-pic, Lunden-Wic, that is, London- 
 Town, is the fame ^j London, and fignifies 
 no more tho" London be the complete Name y 
 and without the Word ^'\c, would /fill have 
 been the fame. So the Shire or County ofT>t- 
 
 von,
 
 The PREFACE. Ixvii 
 
 von , in the old way of Speakwg would ^ or 
 might at kaji, be called the County of Devon- 
 ihire, which is the conftant Exfreffion in old 
 Tweeds, and Jlgnifies the fame thing tho' it be 
 tautologom ; nor did any one ever imagine that \ 
 the County of Devon , and the County ofV>C' 
 vonfliire were two different Counties , altho^ 
 Shire here has jttft the fame Relation, as Wic 
 in the other Cafe : So that the moft that cdn 
 be made of it is, that it amounts to a Tauto- 
 logy anciently very familiar , but can't be a. 
 Variance, or fignify a different thing. 
 
 I did not think of being fo particular in this 
 Matter ; but I take SatisfaBion in doing ity 
 for the fake of the young Students and Bar- 
 rifters at Law , many of which I have the 
 Honour to know, and from whofe early Ge- 
 niiis, good Learning, and great Induftry, the 
 World may be in hopes of feeing as good a Sy- 
 ftem of Laws as any whatfoever. I am per- 
 fuaded the Law of England is capable of fuch " 
 an Improvement , was there the fame Encou- 
 ragement as in other Countries to do it : And 
 were fuch a Work encouraged by the ^ublick, 
 which would be to the Honour of the Nation, 
 I doubt not but there would be found among 
 cur Lawyers, Men of Learning and Abilities, 
 equal to fuch a ufeful JVork. Sir Matthew 
 
 e -L HaleV
 
 Ixviii The PREFACE. 
 
 HaleV Analyfis has Jheisjn 'what of this nature 
 may be done, if fuch a thing were thoroughly 
 encouraged, thd perhafs the Foundation jhould 
 be laid a little deeper. 
 
 Nor is the Knowledge , Sir, of this Lan^ 
 guage unufeful even to the T>ivine, or indeed 
 to any fuch as have a mind to Jiudy the Anti- 
 quities of the beft conflituted Church in the 
 World, the Church of England. By the an^ 
 cient Saxon Monuments we are able to de- 
 monftrate, that the Faith, Worjhif, and T>if- 
 cipline of our holy Church, is in great Meafure 
 the fame with that of the primitive Saxons , 
 and that Jhe is reformed only from the Corru- 
 ptions of the Church of Rome , the Novelty 
 of many whereof thefe will enable us to di- 
 fcover. Here we find the Government of the 
 Church, conftantly under Bijhops, to be as an- 
 cient as the Chriftian Religion with m, and 
 that in the earlieft Times^ their ^ower and 
 Authority exceeded even that of the Temporal 
 herds. 
 
 Here you II find no Supremacy claimed by 
 Rome , and St. Paul oftentimes declared 
 equal, and fometimes fuperiour to St. Peter ; 
 for he has fometimes the Name of fiipreme 
 Teacher in holy Church given to him : Seine 
 Popel J)e ij" l^-e hc^ejrt; lop}>eop ]7e fe habba^ in
 
 The PREFACE. Ixix 
 
 h«Ii5 ^^^P^^ > Saiiit Tai/l, who is the high eft 
 Teacher which we have in holy Church : ^oj^ 
 Jibly Rome had not then refolved to derive her* 
 Supremacy from St. Peter, nor did our Ance- 
 ftors it feems allow that Title, fince St. Peter 
 was not efteemd fo high as his Brother A^o file 
 St, Paui. 
 
 The Topjh Triefts could not with fo much 
 Confidence charge us with a Crime , at leaft 
 not with Novelty in having the Serif ture in 
 our Mother Tongue ; did they know that the 
 whole Bible was tranflated into Saxon , our 
 Mother Tongue , above eight hundred Tears 
 ago, by Triefts, great Trelates, and celebra- 
 ted Kings of England , to be feen great fart 
 thereof to this very day. King Alfred with 
 his own Hand tranftated great part of the Bi- 
 ble into Saxon, which was then the vulgar 
 Language, and firft divided the Serif ture into 
 T^ortions to be read on Feftivals. Nay the 
 Saxon Kings not only permitted fuch Trdnfta- 
 tions, and encouraged them by their own pious 
 and great Example, but made Laws for efta- 
 blijhing thereof, and for teaching the Scriptures 
 in their own Language. The Teople .were 
 fo far from being enjoined to pray in an mtr 
 known Tongue, that fever e Laws were laid on ^ 
 them, enaEiing, that every Alan jhould leat^n 
 
 e 3 the
 
 Ixx The PREFACE. 
 
 It7t.Leg. ^/?i7 Lord's Prayer, ^;;^/Z>^Apo{lles Creed, that 
 22. ' he might attain to the true Faith , and that 
 Lamb, thereby he might be enabled to fray according 
 JElfrlci fo that Faith ; and Jltch as re fit fed to learn 
 ^3" them were not to be admitted to the Sacra- 
 ment, while living ; nor to Chrifiian Burial,, 
 when dead. And to that Turfofe Canons 
 were alfo made ; as in iElfrick the Archbijljofs 
 Time , which was above feven hundred Tears 
 ago., a Canon was made which enjoins the 
 Triefts on Sundays and Holy-days to teach the 
 true Senfe of the Go/pel to the Teofle, in En- 
 gliih, and alfo to teach them their Pater no- 
 fler and Creed. The Saxon Homilies, and other 
 Saxon Writings , will farther acquaint you 
 that the mo7tftrous T>oBrine of Tranfubflan- 
 tiation, defiruEiive of all Science, and againft 
 all common Senfe , was not thought of in the 
 T>ays of onr Saxon Anceftors, 
 
 This Language will help the T)ivine to 
 Councils , Canons, and T)ecrees of our En- 
 glijh Church , whereby he may the more eafily 
 refute the Calumny of the Tafifis , that wt 
 have departed from the Faith of our Ance- 
 flors : where he may find that the T)oBrine of 
 the Church concerning our Faith and the holy 
 Eucharift, was the fame antiently as it is now, 
 and that Tppery was then but an Infant, a 
 
 new
 
 The PREFACE. Ixxi 
 
 new invented things which about the Conquejl 
 rofe to its highth. 
 
 From the Ignorance of this Tongue ^ Men 
 have unawares been led into ^rophanenefs , 
 and have been tempted to ridicule aTranjla- 
 tion of the facred Scriptures, which tbo* mif- 
 taken, ought, in regard to the dignity of the 
 Original, to be preferved from being made 
 the Object ofjejf. I my felf have heard the 
 fecond Verfe of the fir ft Chapter of the finging 
 ^falms, treated byfome with great Contempt^ 
 calling it Nonfenfe and unintelligible : but the 
 Nonfinfe proceeded only from their Ignorance, 
 The Verfe objeCied to, and that before it runs 
 thus : The Man is bled that hath not bent, to 
 wicked Read his Ear ; now in the PFord Read 
 or Rede was the J eft , which for their Lives 
 they could not underftand ; but had they con^ 
 fulted the Original of their own Language , 
 they would foon have found, that Read, other- 
 wife Rede , as it is to be found in old Bibles, 
 in Saxon R^ebe, fignified Counlel or Advice ; 
 in which Meaning, I hope, it will be allowed 
 to be very good Senfe : So Rcebef-men , or 
 Redes-men, fignifies Counlellors, 
 
 As to our Hiftorians and Antiquaries , it * 
 feems to be abfolutely neceffary for them tQ 
 h^ve fome Knowledge of this Tongue, if they 
 
 e 4 would
 
 Ixxii The PREFACE. 
 
 'ujculd give tis a complete Account of things 
 before^ and fome time after William the Firji : 
 It Jhould feem dijfctdt to '•jarite accurately of 
 thofe times without it. Hiftory and Anti- 
 quity us the Glafs of Time ; to kno-ju nothing 
 before we were born, is to live like Childreny 
 and to under fi and nothing but what direBly 
 tends to the getting a Tenny , is to live the 
 Life of a fordid Mechanic k. 
 
 And here give me leave to take notice of one 
 Error, among many, committed by the Author of 
 Heredl- the Hereditary Right of the Crown oi England^ 
 pFJ. which, if he bad compared with fome Saxon Re- 
 f. 5-1. cords, he could not have fallen into. Speaking 
 ofyiowditheEmprefs, he fays. That when ihe 
 was in Poffeffion, Ihe never took upon her the 
 Title of Queen, but either retain'd that of Em- 
 prefs, or elfe called herfelf Nomina Anglorum> 
 the Lady of the Engliili ; and therefore concludes 
 '\Dr. Higden mifiaken in his Ajfertions about 
 that matter. But that Author is him felf mi- 
 fiaken ; for Lady of the Engliih was theTitle of 
 Queen. Among the ancient Franks, they had 
 a Feminijte deduced from the Mafculine Ku- 
 nin^ , King » "^hich was called Kunin jinna , 
 ' Jiirnifying Qiieen ; but among the Englijh-Sa- 
 xons they had no fuch thing : They did not 
 form any Feminine from their Eynin^, er Eynj, 
 
 figni'
 
 The PREFACE. Ixxiii 
 
 Jtgnifying King ; but they nfed t'oi;o other Words 
 to Jign'tfy the Queen, and thofe were Epen arid 
 J)lasp&ia. Hpen, Cwen , originally figntfied the 
 Wife ofaJty one, but afterward, propter Ex- Dijferta- 
 cellentiam, it came to be affiled to the Wife ^ gf ^'^'^' 
 of the King only ; and therefore the Queen 
 was called '^di^ E^-nm^ejr Tpen, the Wife of the 
 King, and not Eynm^enna, from Eynin^, King. 
 U^hen Tpen had obtained this Signification, it 
 was yet exfrejfed very often by J^lsep5ia, Hlsefdia, 
 fometimes J^laj^bi^, jplaj^bi, j)lau6i, from whence 
 comes our Englijh fVord\jxdi)r. In fever al Sax on 
 Charters you'll find it fo exfrefs'd-, as in two 
 of ^een Edith , which are in the Church of 
 Wells ; 6£)iuh feo hlave&i Gabpapbef Kinjej- lepe 
 5per, 6cc, The other runs thus ; Ga&^yJ) ye 
 hlavibi^e^pec l:)apol5 ^pl min bpo&op, &c. Now 
 as npen figntfied among the Saxons , not only 
 a Queen Conibrt, and Queen Dowager, but ^ 
 an abfolute Queen Mfon the Throne \ fo IM^p- 
 bia, or JMapbia, figntfied the fame. In the Will 
 of Brithric the Thane, you will find a Legacy ^w' , 
 given the ^een , and it is bequeathed to her 
 by the Name of ^cepe placjpbian, Dominse, the 
 Lady. In Chron. Saxon. Eadgitha, King Ed- Chron. 
 \^2s^s ^eenT>owager, is called l^hy^bi-^, ^^^iqTI's^ 
 in the fame Chronicle, iEthelfleda ^4een Re- 194- 
 ^nant, is called fo ; jej)elpliE& cpypcna J;>li£pbi5, 
 
 ^thel'
 
 Ixxiv The PREFACE. 
 
 iEthelfred Queen of the Mercians. For a§ 
 ):lapop&, from whence our Englijh Word Lord 
 comes ^ emphatically JigniJiedKmg \ fo lOh.pi^'S 
 fign'tfied Queen. And from thence it was 
 that Maud the EmfreJJ, to whom all the No- 
 bility in the Kingdom had fjuorn Allegiance, 
 was received by the Englijh as their ^^ueen, 
 according to the then Idiom of the Englijh 
 Tongue , by the Name of J:>lap6i5 , Lady ; 
 who rightly dijiinguijh'd her , by that Ap- 
 pellation , from Maud the Wife of King 
 Stephen, who is called Cin^ef Epen, the King's 
 Queen. Many more Authorities to this l^ur- 
 fofe may be found, but thefe are enough to 
 Jhew how Lady came to Jignify Queen. And 
 this U the concurrent Ofinion of all learn- 
 ed Men that have conjidered this Matter. 
 Brady s *Z)r. Brady , in his Complete Hiftory of Eng- 
 ^°"^" land, makes Domina, /// al/ the Tajfages out of 
 Hilt, of Mahnsbury in relation to Maud the Emprefs, 
 ^"t%^^' ^^ h^'^y Queen. My Lord Coke is of the 
 Co. I . fame Ofinion, he calls her Queen by the Name 
 .»J 'V-1- ^y Domina Anglorum ; and on this Occajion he 
 Jhews that fome of our Kings , chofe to call 
 themfelves , Domini Hibernise, Lords of Ire- 
 land , when they were as much Kings of Ire- 
 land, ^ ^/ England ^r France. And it is fret- 
 tj remarkable , that from the time of King 
 
 John
 
 The PREFACE. Ixxv 
 
 John to the fjL'enty third Tear c/* Henry VIII. 
 none of our Kings , in all that Interval^ thought 
 fit to alter this ancient Stile of Viommws, but 
 were called Domini Hibernice , Lords of Ire- 
 land ; tho\ I fuffofe, no Body doubts but they 
 had the Regal Tower ^ and were Kings of 
 Ireland in the fame Senfe as of England. 
 Mr. Selden alfo acknowledges Maud the Em- 
 frefs to be Queen ; he fays, in his Titles of.^^^^^y^ 
 Honour, That as Kings with their Subjedls of Titles of 
 the greater Name, have been ever ftiled hy p^^-!^^^^* 
 ^ominus ; fo Queens have had, and uled the 
 Name of T>omina , as Lady Maud called her 
 felf, Imperatrix Hen. Regis Filia, & Anglo- 
 rum Domina. T)r. Hickes is alfo of the fam^. 
 Opinion , and in his Differtation on the Anti- 
 quities of the Laws of England, fays. That no oifferta- 
 Hijtorian that ever he faw , but one , ever ^^* ^Pfi- 
 doubted that the Englijh Nation received Maud 
 the Emprefe for their Queen , under the Af^ 
 fe Hat ion ^/Domina, or Lady. 
 
 As to the ancient Names of Cities, Towns ^ 
 and Churches, Bijhofs Sees, and great Seats 
 in England, it is difficult, if not imfof/ible, to 
 give a good Account of their Original without 
 this Language, becaufe they are almofi all Saxon, 
 and but few French or 'Danijh ; and therefore 
 ^ambden has truly fetched moft of his from 
 
 the
 
 Ixxvi The PREFACE. 
 
 the Saxon Originals, thd' he fails in many 
 T laces for want of a more comfleat Know- 
 ledge of that Tongue. 
 
 Now the Saxons did not, as the Ages fine e, 
 name the T laces of their Conquejis after their 
 own Names, being of floor t Continuance ; but 
 
 " named them according to their Nature , or 
 
 with relation to things natural, a^s Adam gave 
 Names in Taradife : For inflance, the Church 
 
 ^' ef St. MaryV, fituate ufon the Banks of the 
 
 River Thames, in Southwark, commonly cal- 
 led St. Mary Overs , in Latin Sand:a Ma- 
 ria Ripenfis , they named from the Sa- 
 
 : xon Word Oft\i, <?r Oppe, which fignifies a 
 
 * ,^ Bank , which in the genitive Cafe is Opepef 
 or Oppef , Oferes or Ofres ; fo by turning the 
 f into V the Englifh Word is formed. So the 
 Church of All Saints , fituate on Tower-hill , 
 London , commonly called Allhallows Berkin , 
 comes from the Saxon Word^^\%€^, fio named 
 from the Word Bep^, Berg, which fignifies a 
 Hill , that is , Allhallows upon the Hill : So 
 Harrow o'the Hill takes its Name from the 
 Saxon Word l^eap^e or J^s^p^e, which fignifies 
 a Temple or Church. 
 
 If the great Selden had lived in an Age 
 when this Tongue had been more known , no 
 h^an will deny , who underfiands this Lan- 
 guage,
 
 The PREFACE. Ixxvii 
 
 guage , but his Works had been more perfedi 
 and complete ; and any Man may plainly fee ; 
 that with the AJJiftance of this Language ^ 
 his Treatife of Tides of Honour, might have 
 been made more exa5l and complete. Nor Jams 
 would he, I am ferfiaded, have given you a ^"^^' 
 Title of Laws , as he has in his Janus Anglo- 
 rum, concerning a Guft and a Hogenhyne; 
 when really there are no fuch Words, either 
 in Saxon, Englijh , or French. The true 
 Words , as they may be found in Edward the 
 Confejfofs Laws, are ^ej-r and agen-hme. So 
 that the true Meaning of that Law was, if Int. Leg. 
 a Man lodged one Night in another's Houfe , f^^^'"^^^' 
 he was uncu^, that is, unknown, or a Stran- 
 ger ; from whence comes our modern Word 
 uncouth : If he lodg'd two Nights , he was 
 ^ej-r, not guft, that is, a Gueft; and if he re- 
 mained three Nights, he was a^en hine, which 
 word for word, is Servus proprius, his own 
 Servant, or one of his Family. 
 
 In this Language you may find many anti- 
 ent Hiftories , Efijiles, Laws, Gloffaries , 
 "Deeds, Wills, and Charters of all Sorts, Do- 
 nations of Land , Emancipation of Slaves , 
 Oaths of Princes and Coronation Oaths. In 
 this you may read the Coronation Oath of King 
 iEthelred, given by Archbijhop D^aiSisax^ which 
 
 is
 
 Ife 
 
 Ixxviii The PREFACE. 
 
 is very remarkable : and by the iz'ay Jheims 
 how ancient Coronation Oaths are. And what 
 is yet more valuable , with the Help of this 
 Language the ancient Original of Parliaments 
 is more thoroughly to be under food ; for who- 
 ever carefully and skilfully reads the Saxon 
 Laws, and theT re faces or Preambles to them^ 
 will find, that the Commons of England always 
 in the Saxon Times, made part of that Auguft 
 Ajfembly. 
 
 As to ^hilologifts alfo , this Language is 
 not altogether unworthy of their Regard ; for 
 had the Editor of Chaucer underjiood it bet- 
 ter, he would not have attributed the Saxon 
 Words, and T>iale6i , fo often to be found 
 in Chaucer , almoft in every Tage ajid Line, 
 to the peculiar manner ^ChaucerV Writing ; 
 as tho' he wrote differently from other great 
 Men , and from the Language of the Times. 
 The firji Injiance he gives is , that Chaucer 
 ufed woneden, for did won , and loveden for 
 did love ; but this very thing I have taken 
 notice of in fome of my Saxon Remarks , and 
 have Jhewn them , as evidently they are , to 
 be the proper Terminations of Saxon Words , 
 and ufed very long after that, and not as yet 
 worn out of our Language , and in ChaucerV 
 Time, the proper Englijh SaxonDialeEi. He 
 
 farther 
 
 ■%
 
 The 1? RE FACE. Ixxix 
 
 farther obferves , but much out of the JVay^ 
 that ChaucerV manner was to imitate the 
 Greeks^ by ufing two Negatives to deny more 
 Jirongly ; as, I ne laid none ill ; but this again \ 
 
 is the conflant Saxon way of ExpreJJion, who 
 almoft always ufed two Negatives in a nega- 
 tive Senfe , as I have jloewn in my Comment. 
 But much lefs would he have /aid, that Chau- 
 cer'j Verb was fometimes hard to be under- 
 ftood ; as in this Inftance , I not what Men 
 him call : A very little Infight into this Lan- 
 guage would foon expound this Riddle , and 
 Jhew that both the Verb and Negation lie in 
 the puzzling Word not ; which IVordJigni- 
 fes no more than ne wot, or as the Saxon is 
 ne pac, I wat not, or know not. So \c par, 
 is I know. Ic ne par is I know not, I 
 wot not. tS^^? Chaucer has ne will, for will 
 not ; that likewife , / fitpfofe , might be a 
 a Stumbling Block, and might be with the 
 fafne Jnftice faid, to be the manner ^Chau- 
 cer; but it was in truth the manner ofQhxvi- 
 cer'j Language , the Englijh Tongue , which 
 he could not help , nor make it differ from 
 its felf : and in fUch manner , every Body 
 wrote at that time, who wrote well. 
 
 By this time I hope. Sir, it does fujfciently. 
 appear, from what I have faid, that this 
 
 Language
 
 Ixxx The PREFACE. 
 
 Language deferves a greater Regard and E- 
 Jieem than generally it has , from the Igno- 
 rance of it , met withaL And for the Ho- 
 nour of the Clergy , 7 can't help taking No- 
 tice, that the World is obliged to thofe of 
 that Order ^ for the reviving of this ancient 
 Language, and the Northern Literature ; and 
 that they at prefent are chiefly poffefs'd of 
 this Kno'u^ledge, and that it is oiJ^ing alfo to 
 them , under the kind and generous Influence 
 and Encouragement of that noble Seat of 
 Learning, the ^niverfity of O^Soxdi, that the 
 ''di'ay to the attaining of this Language is now 
 made eajy. The learned 'Dr. Hickes, isuhofe 
 ready Affifiance in my Saxon Remarks I think 
 my felf bound to acknowledge , has wrote a 
 Grammar of the Saxon and other Northern 
 Tongues, and has reduced the Saxon Lan- 
 guage to the prober Form of a Grammar \ 
 where you will find that Language , as other 
 Languages, to have its Cafes , Moods , Ten- 
 fes , and 'Declenfions. Thus is defign'd for 
 young Beginners ; but t\e T)octor has wrote 
 a larger Volume , which he calls , Thefaurus 
 Linguarum Vecerum Septeiitrionalium ; which 
 contains not only complete Grammars , but a 
 Treatife alfo , of the Northern Languages ; 
 and that which more particularly recommends 
 
 this
 
 The PREFACE. Ixxxi 
 
 this Book to the Terufal of all Lawyers^ as 
 well as Antiquaries , and Hijlorians^ is^ that 
 there is therein to be found a large and very 
 learned Treatlfe on the Antiquities of the 
 Laws of England ^ wrote on purfofe for the 
 Honour of our Laws, and for the 1)fe of the 
 ^rofejfors thereof This Book , / may with 
 Jufiice fay, has the Reputation among the 
 Learned^ of being one of the moji curious » 
 exa5f , and moJi learn' d Tleces, in its kind, 
 that any Age has produced. The famous Anti- 
 quary, Mr. Somner <?/Canterbury, haspublljh'd 
 a very good Saxon T)i6ilonary 5 and a Saxon 
 Vocabulary was pibllfh'd not long Jince by the 
 ingenious Mr. Benfbn of Queen's College , 
 which furnljhes the World with a great Num- 
 ber of Words, which were wanting in Somner. 
 Mr. Marefchall long ago publijh'd the Saxon 
 Gofpels ; the leantedT)r. Gibfon has lately pub- 
 lljh'd the Saxon Chronicle ; and Mr. Thwaits 
 his Saxon Heptateuch. With thefe Helps, ad- 
 ded to a few other Saxon Authors, as Sir John 
 Spelman'j Saxon ^falms, &c. now extant., 
 the "Difficulty of attaining this Language is 
 nothing. It Is In ^ra5llce fo ufeful, and In 
 Theory fo delightful, that I am perfuaded no 
 young Gentleman, who has Time and Lei fur e, 
 
 f will
 
 Ixxxii The PREFACE. 
 
 iiuiU ever repent the Labour in attaining to 
 feme degree of Knowledge in it. 
 
 Thefe things. Sir, 1 thought proper to take 
 notice of which may ferve at leafl as Hints 
 to fuch Gentlemen , as have more Time and 
 Leifure to carry thefe Thoughts farther, for 
 the Improvement of that noble Body of Laws ^ 
 the Laws of England. If this be of ^fe to 
 my Qountrey, I have my End. I am, 
 
 SIR, 
 
 Your moll Humble Setvant, 
 
 Here
 
 Here followyth the TAB LE 
 ^bf this Treatise enfewyng. 
 
 chap. I, Pag. I 
 
 THR Difference betweene Domi- 
 nium Regale, and Dominium 
 Politicum & Regale, 
 
 Chap. II. p. 7 
 
 Why one Kyng reynith Regaliter tan-* 
 turn, and another reynith Politice & 
 Regaliter. 
 
 Chap. III. p. ly 
 
 The Fruits of Jus Regale, and the 
 Fruits of]\xs Politicum & Regale. 
 
 •; ■'[ chap. IV. p. 25 
 
 How the Revenues of Fraunce are made 
 
 grete^ 
 
 Chap.
 
 The TABLE. 
 
 Chap. V. p. 3 1 
 
 The Harmes that come of a Kyn^s Po- 
 verty, 
 
 Chap. VI. p. 38 
 
 Ordynaunces for the Kyn^s Ordynary 
 ~ Charges, *'> 
 
 Chap. VII. p. 47 
 
 7%e Kyn^s Extraordinary Charges. 
 
 Chap. VIII. p. 54 
 
 Tf the Kyn^s Lyvelood fuffice not^ his 
 SuhjeBs ought to make yt fufficient. 
 
 Chap. IX. P- 57 
 
 7%e Perills that may come to the Kyng^ 
 by over mighty SuhjeBs, 
 
 Chap. X, p. 6^ 
 
 How the Crown may be be ft endowyd^ 
 
 't. 
 
 Chap.
 
 The TABLE. 
 
 Chap. XL p. 79 
 
 IVhat of the Kyn^s Lyvelood gevyn 
 awa^y may hefl he takyn ageyn. 
 
 Chap. XII. p. 87 
 
 What Harme would come to Englond, 
 tf the Commons thereof ware pore. 
 
 Chap. XIH. P-97 
 
 Qnehy Lacke of Hearty an^ Com(irdifi^ 
 keep the Frenchmen from tyfyng^ 
 
 Chap. Xiy^ p. 102 
 
 Why It ned'tth y that there he a Refum- 
 pt'tony and a Graunt of Goods nt^de 
 to the Kyng. 
 
 .-Chap. XVC p. 108 
 
 How the Kyn^s Counce'tle may be cho^ 
 fyn and eflahltjh'td. 
 
 Chap. XVL p. 120 
 
 How the Romans profperyd whilfi thay 
 ,, f^^^i ^ gy^cit Couniftile^ 
 
 Chap.
 
 The TABLE 
 
 chap. XVII. p. 121 
 
 Advertifement for the gevyng of the 
 Kyn^s Offices. 
 
 Chap. XVIII. p. 137 
 
 ^dveritfement how Corodtes and Penfi-^ 
 ons may heft he gevyn^ 
 
 Chap. XIX. P- 139 
 
 U(m grete Good will growe ^ of the 
 firm endowing of the Crowne. 
 
 Chap. XX, p. 14^ 
 
 Advertifiment for makyng of Patents of 
 Gyfie. 
 
 '' Explicit Tabula* 
 
 Cmap,
 
 C H A p. I. 
 
 T^he Difference hemene Domini- 
 um Regale, ^//^ Dominium 
 Politicum & Regale* 
 
 H E R be two kynds of 
 Kyngdomys, of the which 
 that one ys a Lordfliip , 
 Calhd in Latyne, T)ofni' 
 nium Regale , and that 
 other is caUid, dominium 
 Politicum ^ Regale. And they * dy verfen , 
 
 ill 
 
 a Or differ ; ©itJctCcn, is a Latin word, with a Saxon 
 Termination ; for the Plural Number of many Saxon 
 Verbs, even in the Prefent Tenfe, end in en^ and fome- 
 times in o», as, hi hauen, the-^ have^ hi cilrinon, they 
 knovj. Our Author throughout his Book ufes thefe Saxon 
 Terminations, which he conneds to all forts of words, 
 and therefore you'll frequently meet with fuch words as 
 
 B thefe,
 
 Of Absolute ani 
 
 in that the firft may rule his People by fuch 
 Lawys as he makyth hymfelf ; and therfor he 
 may fet upon them ^ Talys , and other Impo- 
 
 fitions, 
 
 thefe, ttfen, fa^n, palTenj aflcnten ; and fometimes with 
 words ending in y*i^ as, l^U^n, t»tDeUtn> ber^n, and fuch 
 like, which in found differ very little from the other. This 
 Saxonick way of writing is to be found in Chaucer^ and 
 many other old Englilh Authors ; as in the Vifion of Pierce 
 Plowman^ a Copy of which I find annex'd to one of our 
 Author's MSS. in ih^ Bodleian Library; 
 
 l^ermetg in a l)eap toit!) l)obeD S>ta\jcs, 
 satenten to Walfingham anU Ijet caJencljcs after, 
 Cobce — anD Ijer itinatjes cr^Den — l)ote-ppcs ^ote» 
 
 Vid. Hickefii Linguar, Vet. Sept.T'hrf. p. 23, 40. 
 
 b This word fignifies Taxes, and comes from the bar- 
 barous Latin Word, Tallia, or Tallium^ which in the an- 
 cient Signification meant a piece of Wood fquar'd and cut 
 into two parts, on each of which they ufed to mark what 
 was due and owing between Debtor and Creditor ; from 
 thence it came to fignify a Tribute paid by the Vaffal to 
 the Lord, on any important Occafiou, the particular Pay- 
 ments whereof were mark'd on thefe Pieces of Wood , 
 one part whereof the Tenant had , the other was kept by 
 the Lord. In French it is Taille, which originally figni- 
 j5ed no more than a SeSiion or Cutting., from the Verb 
 tailler., to cut ; but afterwards it came to fignify metapho- 
 rically a "tax or Subjidy : All which words come from the 
 pure Latin word , Talea , a cut Stick , or TaSy. From 
 hence comes our Law Latin word, TaJtagium^ or rather 
 Talliagium ., which fignifies in our Law any fort of Tax 
 whatfoever. So taUiare is to tax , or Talliam exigere. In 
 French Authors you'll find, Tailler fes homes ^ fujets, as 
 in Confuetud. Burbonenji Art. 343, 344. Matth. Paris^ Anna 
 11^6. Gives Londinenfes iteratOy ad quingentas Marcas -tab- 
 
 liantur.
 
 Limited Monarchy. 
 
 fitions , luch as he wyl hymfelf, without their 
 Aflcnt. The fecund may not rule hys People,. 
 by other Lawys than flich as they affenten un-f 
 to ; and therfor he may fet upon them non 
 Impofitions without their own AfTent. This 
 Dy verfite is well taught by Saynt Thomas , in 
 hys Boke which he wrote , ^^ Regem Cifri 
 de Regtmine ^rinc'ifum. But yet , it is more 
 opynly treatid, in a Boke callid. Compendium 
 Moralis Thilofophia, and fumwhat by ^ Gyls^ 
 in his Boke , ^e Regtmine Trincipum, The 
 Children of TJraell^ as faith Saynt Thomas ^ 
 after that God had chofyn them , in Topulum 
 peculiar em , ^ Regnum Sacerdotale, were ru- 
 lid by hym under '^ Jugs, Regaliter & Tolitice.\ 
 unto the tyme that they defyryd to have a 
 King, as than had al the Gentylys , which we 
 j^ '^ Tanyms, that had a Kyng, a Man, that 
 
 liavtur. pleta lib. 2. cap. yx. Ad quantum talliari valeant, 
 per Annum. Yet in the feudal Law, talliare fignifies the 
 fame as tailler in French, to limit Or cut ; as, talliare Feo- 
 dum^ is to limit or curtail a Feejimple^ and to reduce and 
 afcertain that general and indefinite Eftate , to a more re- 
 ftrain'4 and fix'd Period of Duration ; and from thence 
 comes our Feodum "Talliatum^ a Fee T'ail', that is, an Inhe- 
 ritance relirain'd or limited, to fuch particular Heirs only 
 as are fet down in the Deed of Entail. Du Frefne Glof. 
 
 c Gylsy i. e. Gyles ^ TEgidius., de Regimine Principum. 
 
 •i i. e. Judges^ from the old French word, Juges. 
 
 ? i. e. Pagans^ in old Englifh generally wrote fo, and 
 in Chaucer to be found very frequently. 
 
 B z reynyd
 
 4 0/^ Absolute and 
 
 Tcynyd on them Regalitertan^um. With which 
 defyer God was gretly offcndyd , as well for 
 their Folye , as for their Unkyndnefs ; that 
 ^ fithen they had a Kyng , which was God , 
 that feynid upon them Tolit^kly and Royally, 
 and yet would chaunge hym for a Kyng, a ve- 
 ry Man, that would reyne upon thena only 
 ♦ hem. Royally. And therefore God s manafyd * them, 
 ^^^^- and made them to be fearyd, with Thonders 
 iga/tful, and other f ferefuU thyngs, from the Hevyn. 
 ^^"^" And whan they would not leve their foly, the 
 defyer, he chargyd the Prophete Samuell to de- 
 clare unto them , the Law of fuch a Kyng as 
 they askyd ; which amongs other thyngs fkid, 
 that he would take from them their Londs and 
 
 *■ This is a Saxon word , and is wrote thus , f i^^an, 
 fitbtban, which fignifies, a^ier.^ afterwards., and here, fince-^ 
 'tis frequently ufed in old Authors , and in many of the 
 old Statutes. In Chaucer^ you'll often find (itl)^ as well 
 as (ttl)Civ, lignifying the fame. Somneri Diiiionar. Saxo- 
 nicum. 
 
 % Manafyd.^ in French, MefiapoU. 
 
 * Hem , comes from the Saxon word , heom, which 
 fignifies them-, in the Laudean Copy, hem, is put for them 
 throughout, and in mod old Englifti Authors. Hickef. 
 Thefaur. 23. 
 
 f From the Saxon word, J^r^? a Spirit^ or Ghojl. So 
 the words , Gafily., or Gafiful, in our Tongue, came to 
 fignify any thing that look'd frightful, as a Ghoft, Spirit 
 or Apparition is faid to do. From thence comes the ufual 
 Expreflion in the Weft of England, when a Man appears 
 affrighted, that he is agaji. 
 
 Goods, 
 
 4
 
 Limited Monarchy. 5 
 
 Goods, and ^ gyfe them to hys Servaunts ; and 
 aUb fet their Children in his :j: Works and La- 1^"^^'' 
 bours, and do to them, fuch other many harm- 
 full thyngs , as in the eighth Chapiter of the 
 firfl Boke of Kyngs, it may appere. Whereas 
 before that tyme , while they were rulyd only 
 by God, Royally andTolitykly^ under Jugs, 
 ' hy t was not lefull to any Man , for to take 
 from th^m any of their Goods , or to grieve 
 their Children that had not ofTendyd. Where- 
 by it may appere that in thoofe Days, Regi- 
 men Tollticum & Regale , was dyftyngwyd, 
 a Regtmine tantum Regali. And that it was 
 better to the People to be ruld, ToUitykly 
 and Royally , than to be rulid , only Royally, 
 Saynt Thomas alio in his laid Boke , prayfith 
 moche, dominium Toliticum ^ Regale , by- 
 caufe the Prynce that reynith by liich I^ordfliip, 
 ^ may iipt frely fall into Tyranny, as may the 
 
 Prynce 
 
 ^ This is a Saxon word , and comes from the Saxon 
 Verb, Sypan, to give, the Infinitive Mood of all Saxon 
 Verbs ending in an. 
 
 > This is a perfed Saxon Word, and is wrote thus, hytr, "* 
 or hit:, from which, if the Afpiration be taken away, is 
 then produced our Ei'igliih yt, or it, from whence it ma- 
 nifeftly comes : hyc if, h5'C if, it is, it is, or yea, yea, 
 Marefcal. Evangel. Saxon. Mat. f. 37. Hickef. Thef . 25-. 
 
 ^ It is to be obferved once for all, that the Words, mo)', 
 lind may not, to be found throughout in qur Author , fig-^ 
 
 5 3 uify,
 
 Of Absolute and 
 
 Prynce, thatReynith, Regalitertantum. And 
 yet they both ar egall, in Eflate and Powre, as 
 it may lightly be Ihewyd and provyd ,. by In- 
 fallible Reafons. 
 
 nify , after the Saxon Dialed, can^ and cannot ; for our 
 Englifh Word may comes from the Saxon Word niae^, 
 the g in Saxon being generally in Englifh turn'd into y \ 
 and m«5 is the prefentTenfe of the Saxon Verb ma^an, 
 which fignifies, to be able^ or to may^ do a thing, as old 
 Authors exprefs it. Ero& if fpa mi^hri^, ^f he mas^ 
 op Scanum apeccean Abpahamef beapn , God is fo 
 mighty, that he is able of Stones^ to raife up Children ^o Abra- 
 ham. Marefcal. Evangel. Matth. 3. 9. So in the plural 
 Number, Ge ne ma^on papan Jpyttep jpe ic ^'X'^c^^lVhere 
 I go^ ye cannot come: which are the Words of our Saviour 
 in John 13. 3^. Marefcal. Evangel. From hence comes 
 the Saxon words, mte^^, mae^ch, poiver, as alfo 
 tnas^Ch, and mas^en, from whence come our Englifli 
 words might and main. So the word might is ufed often 
 among the Saxons, to fignify could., as his Eyes waxed old, 
 fpeaking of Ifaac,fo that, he ne mihre nan jpm^ je- 
 yeon, he could not fee any thing. Thwait's Heptateuch. 
 Gen. 27. I. 
 
 This leads me to obfcrve , that the Saxons have their 
 auxiliary Verbs, as well as the ancient Northern Langua- 
 ges, from whence the French and other modern Langua- 
 ges derive theirs. 
 
 - The Saxons have, mx.% , miht; , mor , j-ceal, pol&, 
 nolb, (for ne polb,) fceolbj and from thefe Saxon Aut 
 xiliaries come our Englifh ones, may., might, pall, would, 
 mid Jhould. The Dutch have moet, for might; and in ma- 
 ny parts of England, mot, mout, or mowt, is retain'd to 
 this day. Hickef. Thef. 42. 
 
 Chab.
 
 Limited Monarchy. 7 
 
 Chap. IL 
 
 ^hy one Kmg reynith Regaliter 
 tantum, and another rejnith, ^ 
 
 ;;; : J^olitice & Regaliter. 
 
 HYT may peraventure be marvelid by 
 fbme men , why one * Realme is a * Reaum 
 Lord(hyp only Royal/, and the Prynce ^/X/g'^- 
 thereof rulyth yt by his Law, callid Jus Re- out. 
 g^le ; and another Kyngdome is a Lordfchip, 
 Royal and Tolitike , and the Prince thereof 
 rulyth by a Lawe, callyd Jus ^oltticum ^ 
 Regale ; fythen thes two Princes ^ beth of 
 egall Aftate. 
 
 To this dowte it may be anlweryd in this 
 manner ; The firfl Inftitution of thes twoo 
 Jlealmys, upon the Incorporation of them, is 
 the Caufe of this diverfyte. 
 
 * Aeaume^ comes from the old French Word Royaulme^ , 
 
 and after that it came to be Royaume, inde Reaume ; and 
 from this Original, no doubt, comes our Englifli Word, ' 
 
 Realm. Nicot Didionaire Fran^oife. 
 ^ a Beth., i. e. be., or are^ from the Saxon word, beolS, 
 which is the plural Number, and potential Mood of ;he 
 S^onVerb, b^on,^, to be. Hickef.Ther.36. 
 
 B 4 Whan
 
 8 Of Absolute and 
 
 Whan ^ Nembroth by Might , for his own 
 
 Glorye, made and incorporate the firft Reakne, 
 
 and fubduyd it to hymielf by Tyrannye , he 
 
 would not have it governyd by any other Rule 
 
 or Lawe , but by his own Will ; by which and 
 
 for th'accompliihment thereof he made it. 
 
 And therfor, though he had thus made a 
 
 t^j^^'l)' Realme , holy Scripture | deny yd to cal hym 
 
 Laud, a Kyng, ^lia '^ Rex ' dic'ttur a Regendo -^ 
 
 ' ' Whych 
 
 b For Nimrod\ It was thus written in the old French, 
 from the Greek Nt?^*^, as in the Verfion of the Septua- 
 gint. Vid.Nemrod^ itz Simon's grand D'tilionaire de la Bible. 
 
 c From the Latin Word Rex^ comes the Gothick 
 XGIKS' i^^'^i) ^ Prince, or Potentate. Among the 
 Saxons , Rica, (ignifies a Prince, or one more rich or 
 powerful than others ; fo the Saxon Word, Rice, figni- 
 fies a Kingdom, Dominion, Po-vjer , or Empire. From 
 hence come all thofe proper Names that end in ric, or 
 rice ; in Latin ricus , as Alhericus, Godricus , Theodoricus, 
 Fredericus , Chelpericus , Henricus. So the Saxon Verb^ 
 peccan, peccean, or pixian, is to reign. Now Fran- 
 cifcus Junius derives the Saxon word , peccan , pixian , 
 to reign, from the Saxon word, pecan, curare, to take 
 care ; becaufe, as he fays, in ancient times, Kings thought 
 the chiefeft Law to be obfervcd by them , was to take 
 care, that no wrong or Injury were done to their Subje6ls. 
 Among the Gern^ans, IRecbCj fignifies a Rich-man, IRic^, 
 a Kingdom, ricl)ifon, to reign ; and from the fame Origi- 
 nal , perhaps our Engljfh word ^ches comes. Fraticifci 
 yupii GloJJ'ar. Gothicum. 
 
 Now our Englifh Word, King, manifeftly comes from 
 rhe Saxon Word, nyninj, or Eyn^, a Saxon C being 
 moA cpmmonly turn'd into |n Englifh K. In theTeuto- 
 
 nick.
 
 Limited Monarchy. 
 
 ^ i^hych thyng he dyd not, but oppreffyd the 
 People by Myght , and therfor he was a Ty- 
 rant , and callid Trimus Tyrannorum. But 
 holy Writ callith hym Robuftus Venator co- 
 ram T>eo. For as the Hunter takyth the 
 
 nick, it is feoningl), which, Kil'ian fays, comes from 
 bonncn, to kmw^ or to he wife. But now let us fee what 
 the old Saxon Church fays, as to this matter, which feems 
 to haye the fame Sentiment as our Author ; It fays, Ey- 
 mn^ ^ejiifC Rihcpyrnej-j-e "3 pif^ome. him ij- namai 
 ^ej-err; op fo))um Reccenbome. 'f he hme yylpne. 
 '3 pj)))an hif leo&e, mi& pif&ome pirPS- "3 P^l ^epihc- 
 liece 5 in Englilh thus , Juftice and IVifdom belong tQ a 
 King ; his name is given him , from jufi and wife Goznern' 
 ment ; as one.^ who is wifely to inJiruSi , and faithfully to go- 
 vern both himfelf and his people. Serm. Cathol. a doiftilT. 
 pedse Hiftor. editore citat, p, 167. Kiliani E.tymologicum 
 Teutonics Lingux. Somn. Di£l. Sax. 
 
 Mlfric the Abbot ^ who was afterward Archbifliop of Can- 
 terbury, has the fame Notion ; Rex , fays be, if "S^cye- 
 feen, aregendo, 'p if 5 FP^"^ Reccenbome. pop ^n\ 
 J)e fe Eynm^ fceal mi6 micclum pif5ome hif leo6e 
 ^Jifpan. "3 bepepian mi& cpxpc j in Englilh thus. Rex, 
 or King is fo called, a Regendo, that is, from Government, 
 becaufe a King ought to govern his People with great IVifdom, 
 and to proted them with all his Skill and Pawer. He goes 
 qn farther, and fays, Eymn^ -f ij J)e ^emerp^r^hce 
 hij- pole ^epirra'S- S^F he ))on mi5 hij- piccecepe hi 
 oppr. J)on bij> he, T'yr annus , ^ if pe^e pselhpeop ; 
 in Englifh thus, A King is one that governs his Subjeds with 
 Gentlenefs ; but if he opprefs them with his Government, he 
 fhen becomes Tyrannus , in Saxon render'd by the Words, 
 pe^e paelhpeop, which in Englifli fignify a fierce, cruel, 
 and bloody Man. iElfrici Grammatica Saxonica, p. s^. 
 "ivrote almoji 800 Tears ago.
 
 JO O/' Absolute and 
 
 wyld befle for to ^ fcle and eate hym ; fb 
 Nembroth liibduyd to him the People with 
 Might , to have their fervice and their goods, 
 ufing upon them the Lordfchip that is cal- 
 lid 'Dominium Regale tanttim. After hym 
 Belus that was callid firft a Kyng , and after 
 hym his Sone Nynus , and after hym other 
 Panyms ; They, by Example of Nembroth , 
 made them Realmys, would not have them 
 rulyd by other Lawys than by their own 
 Wills. Which Lawys ^ ben right good under 
 good Princes ; and their Kyngdoms ar then 
 moft refemblyd to the Kyngdome of God, 
 which reynith upon Man , rulyng him by hys 
 jown Will. Wberfor many Cryftyn Princes 
 ulen the iame Lawe ; and therfor it is , that 
 the Lawys fayen, ^od Trincifi flacuit Le- 
 gis habet vigorem. And thus I luppofe firft 
 beganne in Realmys, 'Dominium tantum Re- 
 gale. But afterward , whan Mankynd was 
 
 . ^ore manluete, and better diipofyd to Vertue, 
 
 % 
 
 ^ From the Saxon Verb, flean, to kill, or flay. Somn, 
 
 « From the Saxon word beon, which is ufed fome- 
 times for the Saxon beo^, and is found as well in the 
 thirAPerfon plural of the potential Mood, as in the infi- 
 Hitive Mood of, been, ej[e, to be. Rihc if \2X> cpune- 
 f aj been 5 'TiV //, that Monks be^ or, for i/Ionks to be. 
 Hickef. Saxon Gram. 45". 
 
 Crete
 
 Limited Monarchy. ij 
 
 Grete Coiumunalties , ^s WJ^ the^ Felifhip 
 
 that 
 
 ^ This is a compound Word, of FeUow and Ship ; Fel- 
 law has a Danifh, and Ship a Saxon Original. The word 
 Fe/lo-w comes from the old Danifh word FieUgi^ a Com- 
 panion, or Equal ; but it is more often wrote Felagi, and 
 is frequently to be found on old Runick Monuments, 
 i>^ow Felagi comes from the old Danilh Word Fylgia, con- 
 comitari, to accompany ; and from thence comes rylge-Kone. 
 ti Concubine : So Felag in old Danifh , (ignifies Companv^ 
 pr Society. Hence comes the barbarous Latin word Felar 
 gus, which we meet with in the Laws of Edward xht Con- 
 felfor, cap. if. The Law runs thus ; Sin infra Tempus an- 
 nuum non pojjit teneri Murdrator., parentes Murdrati fex Mar- 
 ias haberent , Rex quadraginta ; fi parentes deeffent , Domi- 
 nus ejus reciperet ; fi Dominum non haheret.^ Felagus ejus. 
 So, in cap. 35", which Law takes notice, that every Free- 
 man was bound to furnifh himfelf with Armes, for the 
 publick Safety , and gives him a Liberty of difpofing of 
 fuch Armes , by his laft Will , to his Heirs ; and then 
 (goes on ; Quodfi qui eorum h<eredes vel parentes non habue" 
 rint., Dominus fuus^ ilia recipiet : Et fi Dominum non habe- 
 rent., Felagus fuus., fi haberet, ilia reciperet : Si vero nihil 
 ifiorum haberet., tunc Regni, fub cujus prote^ione ^ pace de- 
 gunt univerfi., Rex., ilia refumet. 
 
 Now from this 'tis pretty plain, that tho' Felagus does, 
 in the general acceptation of the word , figniify a Compa- 
 nion ; yet here it (lands not indefinitely, for any Friend, or 
 Companion, but particularly for fuch a one as was bound 
 for another in the Decennaryfor his good Behaviour; for 
 in thofe Days every Perfon, of twelve Years of Age, was 
 fworn to the King , and found Sureties for his good Be- 
 haviour towards the Subjeft in fome Court Leet or other. 
 Now 'tis faid, if he had no Felagus, then his Armes are 
 to go to the King, which fhews it to be meant, of fuch a 
 particular Companion ; for there is no Man but has ever 
 jTome Companion or other always living ; tho' he that 
 
 was
 
 12 0/" Absolute and 
 
 that came into this Lond with s Brute, wyl- 
 lyng to be unyed and made a Body Poli- 
 
 was bound for him in the Leet, as his free Pledge, might 
 be dead. But this \% yet ijiade plainer by the words in 
 the latter end of the Law laft mention'd ; where it is pror 
 yid/ed, that every Perfon, once a year at leaft, muft fhew 
 his Armes in publick ; and it is there given as a Reafon, 
 why their Armes Ihould be thus publickly fhewn, becaufe, 
 fays that Law, no Man fliould lend out his Armes, fuis 
 Familiaribus ^ Notts : which fhews evidently, by an alte- 
 ration of the Terms, that Felagus, and Familiar is , have in 
 this place a different Meaning ; Every Felagus is a Friendy 
 or Companion, but not every Companion a Felagus, 
 
 I have been more particular in this, becaufe fome Anr 
 jiquaries of good Authority, as Olaus Verelius, and others, 
 have blamed Spelman for expounding Felagus in this fenfe, 
 who in giving the Meaning of that word , fays it is Fela- 
 gusy quafifide cum eo ligatus. Now tho' I think the word 
 can bear no other Expofition , in the Laws before rehear- 
 fed.; yet I am of Opinion with them, that spelman has 
 iniftaken the true Etymology of the word ; for he gives 
 Felagus a Saxon Original , and would have it come from 
 the Saxon words, JPe, fides, and la^, ligatus, which feems 
 rather to be a Gingle, than to have any folid Foundation ; 
 for thofe words are not , as I can find , any where ufed 
 in that fenfe, in the Saxon Language. The other part 
 of the word, Jhip , comes from the Saxon rop^j which 
 fignifies a State, Condition, or Quality ; of which hereafter. 
 Index Olaii Perelii Linguae Vet. Scytho Scandica. Oudmundi 
 Andrea, J^txicon IJlandicum. Somn. Oiii. Spelm. Glojf, 
 Lambard's Saxon Laws. 
 
 % It may be obfervM here, that our Author does not af? 
 firm the Story of Brute to be true, but only produces it 
 as an Inftance , which, upon the fuppofition of its truth, 
 is very appofite : Tho' whether it be really true or no, ij; 
 not material in this place, and is left to every Man's ow^ 
 Opinion. 
 
 tike
 
 - Limited Monarchy. 13 
 
 tike callid a Realme , havyng an Heed to 
 governe it ; as after the Saying of the Phi- 
 lolbpher, every Communaltie unyed of ma- 
 ny parts muft needs have an Meed ; than 
 they chofe the lame Brute to be their Heed 
 aind Kyrig. And they and he upon this In- 
 corporation and Inflitution , and * onyng of* i. e. «* 
 ^ themfelf into a Realme, ordeynyd the Ikme'''*''''^* 
 Realme fo to be rulyd and juftyfyd by fuch 
 Lawys, as they al would aflent unto • which 
 Law therfor is callid Toliticum ; ^d by- 
 caufe it is mynyftirid by a Kyng, it is caUid 
 Regale, dominium Tdlitkum dicitur quafi 
 Regimen, flur'tum Scientia, five QonfUio mi- 
 mftratum. The Kyng of Scotts reynith up- 
 on his People by this Lawe, videlicet. Re- 
 gimine Tolitico & Regali. And as Diodo- 
 rus Sy cuius faith , in his Boke de prifiis Hi- 
 Jioriis, The Reakie of Egyfte is rulid by 
 the fame Lawe, and therfor the Kyng ther- 
 of chaungith not his Lawes^ without the Af^ 
 fent of his People. And in Hke forme as 
 he faith is rulid the Kyngdome of *y^^/? , in 
 Felici Arabia, and the Lond of Libie ; And , 
 
 h i.e. themfelves', from the Saxon Pronoun hem-jrylp, 
 from thence comes ther/ifelf\ the plural Number in SaxoQ 
 being ^'/f, as well as the fingular. HickefGram.'^i. 
 
 alfo
 
 14 0/" Absolute and 
 
 alio the ^ more parte of al the Realmys in Af- 
 frike. Which manner of Rule and Lordlliip, 
 the fayd 'D'wdorus m that Boke , prayfith 
 gretely. For it is not only good for the 
 Prince, that may thereby the more lewery do 
 Juftice, than by his owne Arbitriment ; but it 
 is alfb good for his People that receyve therby, 
 fiich Juftice as they defyer themfelf Now as 
 me {emythj it ys lliewyd opinly ^ ynough, 
 why one Kyng rulyth and reynith on his Peo- 
 ple 'Dom'mio tantum Regali, and that other 
 reynith T)omimo Politico ^ Regali : For that 
 one Kyngdome beganne^ of and by, the Might 
 of the Prince, and that other beganne, by the 
 Defier and Inftitution of the People of the fame 
 Prince. 
 
 > From the Saxon word mape, which fignifies greater ; 
 fo that the more part in all old Authors , ftands for the 
 greater part. 
 
 ^ From the Saxon word ^^noh, ge»oh ; the g being 
 turn'd into y^ as before mentioned, produces yemh, and 
 ftom thence our Englifh enough. The Original of this 
 word is Gothick, wrote thus, r*A.iSFAll5 Ganahy 
 which fignifies, ample ^ emu-Ji, Hickef.Thef. izj". 
 
 Chap.
 
 Limited Monarchy. 15 
 
 Chap. IIL 
 
 Hereafter he fchevpyd^ the Frutes of 
 Jus Regale, and the Frutes of 
 
 Jus Politicum & Regale- 
 
 AND hou fo be it, that the French Kyng 
 reynith upon his People T>ominto Re- 
 gali\ Yet Saynt Z/^ic^x lumtyme Kyng 
 ther , a ne any of his Progenytors fet never 
 
 Talys 
 
 « »e, is a pure Saxon Negative, fignifying, »of, or net* 
 ther. Sometimes the Saxons ufe na, and fometimes no, ' 
 and nohc, from whence comes our mt. Sometimes they 
 ufe nene, from whence comes the French nenny. 
 
 It may be worth obferving, that our Author, after th« 
 Mode of the Saxons, ufes two Negatives here, »e, and 
 nevtr^ in a negative fenfe ; it being ufual in that Language 
 as among the Greeks, to have two Negatives in their ne- 
 gative Propofitions, as, Ne eom ic na Epift, I am not 
 the Chrift. Marefc. Evang. Joh. i . 20. 
 
 In imitation of which Chaucer has , / ne faid none ttU 
 Sometimes you'll find the Saxons deny by three Nega- 
 tives, as, among the Laws of King Mtheljlan^ nan 
 j-cyb pyphca na lec^e nan fceapej- pdle on fcyl6 > 
 Let Ho Maker of Shields^ lay any Sheep Skin on any Shield. 
 Inter Leg. iEthelftan. 1 5-. 
 
 Nay, fometimes they have ufed four Negatives to de- 
 ny more ftrongly, as, Ne nan ne JjopfC op j>am 
 bx^e hyne nan )>in^ mape axi^ean -, Neither thrfi 
 
 any
 
 16 0/" Absolute and 
 
 Talys or other Impofitions, upon the People 
 of that Lond , without the AfTent of the three 
 Aftatts, which whan thay be affemblid ar like 
 
 to 
 
 *«»V MaK from that day ask him any more quejlions , fpeak- 
 ing of our Saviour. Marefc. Evang.Matth. 32. 46'. Hic- 
 kef.rhef.sS>. 
 
 Yet in fome Saxon Authors, as in Chronologia Saxonica^ 
 ^ in RegiaHiJl.Eccl. Bed.paraphraji; the negative Propo- 
 fitions are exprefs'd generally by a folitary Negative, as 
 in the Gothick. But I no where in the Saxoh Language 
 find two Negatives to make an /Affirmative, as among the 
 Latins ; tho' that feems to me to be more agreesfble to 
 Nature and Numbers. The Mathematicians fay, in re- 
 lation to their Alg-ebraick Quaiitities , that Negation im- 
 ports the Abfence, or Defed of a thing, and if you deny 
 that Abfence , or Defed , you affirm the Prefence , and 
 Completion thereof: Confequently that the denying of a 
 Defed, or a negative Quantity, amounts to an Affirma- 
 tion, and takes away that Deficiency. According to 
 which Rule , it would not be improper to fay, that all 
 even Number of Negatives in Languages , tho' never fo 
 many, fhould make an affirmative Propofition, but all odd 
 Number of Negatives fliould make a negative one, tho* 
 never fo few ; for in the laft Cafe , the even Number of 
 Negatives denying, and confequently deftroying one ano- 
 ther, there remains one (ingle Negative undeftroy'd, which 
 makes the Propofition negative ; whereas , in the firft 
 Cafe, the Number of Negatives being equal, they all de- 
 .ftroy one another, making an Affirmation, in the fame 
 manner as two Negatives among the Latins , and fo the 
 Propofition remains affirmative. So the four Saxon Ne- 
 gatives before mentioned, in the nature of the thing, do 
 affirm, when the three Negatives, tho' lefs in Number, do 
 deny ; for the fecond and fourth Negative in the firft In- 
 ftance , deftroy the firft and the third by denying them, 
 
 w"hich
 
 Limited Monarchy.- 17 
 
 to the Court of Parlement in Englond. And 
 this order kept many of his Sticceflours until, 
 late days , that EngUfhmen made luch a Wat 
 in Fraunce, that the three Eftats durft not come- 
 to ^ geders. And than for that Cauie and for 
 grete Neceffite which the French Kyng had of 
 Goods, for the defence of that Lond, he took 
 upon hym to fet Talys and other Impofitions 
 upon the Commons, without the Aflent of the 
 three Eflats ; but yet he would not fet any 
 fiich chargs , nor hath let upon the Nobles , 
 for feare of rebellion. And becaufe the Com- 
 mons, though they have grutchid, have not re- 
 bellid or be hardy to rebell, the French Kyngs 
 have yearly fythen, fett luch chargs upon them^ 
 and fo augmented the fame chargis, as the lame 
 Commons be {6 impoverifhid and diftroyyd 
 that they :j: may <^ unneth ly ve. Thay drynke L^d;^' 
 
 Water, ^^^Z" f^- 
 
 vjay. 
 
 ■which makes an A'fl&rmation ; and in the fecond inflance 
 of the three Negatives, by the fame Rule, the fecond Ne- 
 gative deftroys the firft, and makes an Affirmation, and 
 then the third Negative, (till remaining fo , makes the 
 Propolition negative too. * ~ ' : 
 
 ^ This is a Saxon word , and is wrote thus, ro^ebepe, 
 and fignifies , together. It comes from the Saxon Verb , 
 . ^a&epi^n , to ajfemble , or gather together. Somn. Sax. 
 I)i6lionar. 
 
 * i. e. can fcane live. The word, unneth^ is a Saxon 
 
 C word
 
 l8 0/^ Absolute and 
 
 Water, thay eate Apples, with Bred right 
 brown made of Rye. Thay eate no Flefche, 
 ? but if it be e felden, a htill Larde, or of the 
 
 Entrails 
 
 Word, md is wrote thus , un-6a))e, meatbe, fcanely; 
 fts, un-ea)>e Ifaac ^een5o& J)af j-ppsec j 7/^^^ had fcarce , 
 e»^^i /j/V Speech. Thwait's Hept. Gen. 27. 30. It is a 
 tompound word, from»», which is a negative Particle, and 
 the Saxon, ea])e, ^^/y, and fo word for word, fignifies 
 not eafily ; aud from thence comes the Saxon un-eaj?e-lic, 
 impojfible^ or not eafily ; lie in the Saxon (landing for the 
 fame as /y in modern Englifli. Som. Sax. Qi^. 
 
 * But if., is an old Englilh Phrafe for except^ or unlefs.. 
 As in the Vifion of Peirce Plaw//iaft^ are many Examples 
 Df this kind to be found, as, 
 
 3lnT) beate TBzton tljcrtott^, but if fl;2 toill toerb, 
 ©nblelfet) art tljou, Wimt, but if tljc ©oUe |)clp* 
 
 So alfo in Chancer, and many other old Authors. Now 
 
 the Word , l?:it , manifeftly comes from the Dano-Saxon , 
 
 buta, buran, or, buron, which fignifies, except, fave, 
 
 itfilefs ; as, Ne ^efeah nan cpan pa:5ep bucon j-e )>e 
 
 IfOpGofee, A-o Ma» hath feen the Father, except he which 
 
 is of God. Evang. Marefcal. John 6. ^6. From hence 
 
 .comes our Eniglifli word , but, in this ExprelTion; I have 
 
 •«11, but three, /. e. except three. Sometimes bucan figni* 
 
 fies befide , or without, as buuan X, Kxlex_, an outlaw ; 
 
 bucan pire, xyjV^o»^ punifhment. InTeutonick, it is 
 
 but'ten, in Chaucer, bout. From hence comes the Scotch 
 
 hut, ufed to this day, as, but ony indigence , without any 
 
 . ^Q-i^Qi ; but fpot of crime, without mark of crime ; ^«^ 
 
 doubt, without doubt. Hickef. Thef. 5-7. Kilian. Somut 
 
 Sax. DiB, 
 
 • This \yord is u^ed both in the Saxon and Teutonfck ; 
 
 ia
 
 Limited Monarchy. i^ 
 
 Entrails , or Heds of Beits Iclayne for the No-t 
 bles, and Merehaunts of the Lond. They: 
 Weryn no Woliyn, * but if it be a pore Cote* «»^^/^^'* 
 Under their uttermoft Garment , made of grete 
 Canvas , and cal it a Frok. Their f Hofyn 
 be of like Canvas, and parfen not their Knee ; 
 wherfor they be gartrid and their Thyghs bare. 
 Their Wifs and Children gone bare fote ; they 
 
 in Saxon 'tis wrote thus, pl&en 5 in Teutonick, felTJetlf 
 licfe J feldom^ rarely ; in tfie German Tongue, 'tis felten* 
 There is no great doubt but the Saxon , jfelben, comes 
 from felb , which fignifies rare , feldom^ the comparative 
 is relOop, or pl^rie, more feldom , and the fuperlative 
 J^elboj-C, moft [eldom^ or -very often. In. this, the Saxony 
 imitate the Greeks and Latins ; but we have loft moft of 
 the Saxon comparatives and fuperlatives , by ufing the 
 words , more and moft^ in our modern Englifli, tho' we 
 retain many of them to this day. Among the Saxon Laws 
 we meet with the word un^elbon, not feldom^ unfeldom^ 
 or oftentimes. Lambard's Saxon Laws, p. 82. Hickef. 
 Thef. 5-7. Somn. Sax. Di<&. 
 
 ^ This comes from the Saxon hofa, which fignifies a 
 Stockings or Hofe. Now all Saxon Nouns ending in ^ ijot 
 the lingular Number , end in an^ or est in the plural ; as 
 pirega, a Prophet^ in the lingular Number, is piCe^an, 
 in the plural ; fo hoj-a in the Angular , hopan in the 
 plural ; and from thence , hofen , hofyn. And from this 
 termination we have many old Englifli words derive their 
 original , as houfen and Jhoen , and many others ufed by 
 the vulgar in feveral Counties to this day. Fid. Hichf. 
 •Thefio. - . 
 
 C % may
 
 20 . 0/" Absolute and 
 
 may in non otherwyfe ly ve. For s ium or 
 them, that was wonte to pay to his Lord 
 for his Tenement, which he hyrith by the 
 
 « This is Saxoh ; 'tis pim in the mafculine Gender, 
 and fume in the feminine ; which fometimes ^ among 
 the Saxons, fignified zn individual^ or fingle perfoij^ as. 
 On ):ejioJjer Oa^um lu&ea cynmger p^r Tum facepb 
 on naman Zachapiaj* j Ty^^re ty^j /» z/??^ ^p of Herod, 
 the King o/Judea, <z certain Prieji ^ »^;«^<^ Zacharias. It 
 alfo fignifies in this Langnage a number that is not pre- 
 cifely certain, but very near it, as, 'Sa p^pon hi rume 
 t:en ^eap on ))am ^epinne, T'hey had Wars about ten 
 Tears ; or, as the Idiom yet remains in fome Countries, 
 efpecially among the vulgar, they had Wars about fome ten 
 Tears. Boethius de Confolat. Philofoph. Saxon, p. 114. 
 Hickef.Thef.28. 
 
 Surn.^ is alfo, among the Saxons, ufcd as a termi- 
 nation, lignifylng fomething lefs than the terminati- 
 on Fill, and denotes a fubje6l that has fomewhat of a 
 particular Quality in it, but not in the full Extent of 
 that Quality ; as from the word lan^, hng.^ is form'd 
 lan^fum, langfome^ or longfome ; which does not fignify 
 •very loKg^ but what has fomething of length in it , and is 
 ' nox. port^ but a medium between y^or^ and long., for which 
 we have no modern Englifh word. From thence come 
 our Englifh words, delightsome., wholejome., toilfome^ ful*_ 
 fome., lonefome, and fuch like. This word Sum, comes from 
 the Gothick SHMS and STlMA' which Cignify feme, 
 or one. Ifaac Cafaubon fays, our Englifh yo;«?, comes from 
 the Greek s-^V'^, corpus ; but whether that be more than a 
 notional Conjedure, I leave to better Judgments; for 
 the Gothick and the Greek probably came from one com- 
 mon Language fpokcn by the Sons oijaphet. See Gen*. 
 10- 1, 2, 3,4, f. 
 
 Ycre,;
 
 Limited 'Monarchy. 2S 
 
 Vere , a ^ Scute , payyth now to the Kyng, 
 
 ^ over 
 
 * A Scute^ was a French Gold Coin , and is the fame 
 with their Efcus^ or Ecus cTOr^ a Crown of Gold, or Gold 
 Cro-wn Piece. It was coin'd about the Year 1427,. in 
 H. V.*s time , and was of the value of 3 x. 4 «/. Mon^ 
 Jieur du Chefne, in his Hijloire d'Jngleterre , fays, up- 
 on the furrender of Roan to H. V. the Citizens were 
 to pay 365-000 of the Efcus dWr , du Coin de France. 
 Speed calls thefe Coins, Crowns of Gold, and TruJJ'ely 
 Skutes of Gold, every t^o of them of the value of aa 
 Englifh Noble. But our Author himfelf has fix'd the va- 
 lue, beyond difpute, to be 3 j. 4^. for he fays in his 
 Book de Laudibus Legum Anglia , the expence of ouq 
 Serjeant at Law, when call'd to that Degree, was 1600 
 Sctites, and of eight Serjeants, when called together 
 came to 3200 Marks ; and then, fpeaking of the Rings , 
 fuch Serjeants give away, on that occafion, he fays, the 
 cofl: of his Rings was ^o Pounds, amounting to ■^oo Scutes^ 
 which is 3X. 4^. t^ch Scute. 
 
 Now the wordi Scute , comes from the old French 
 word Efcu, which fignifies a Crown, or gold Money ; as, 
 un Efcu, anciently fignify'd, nummus aureus ; and the 
 French phrafe, un qui a Farce Efcu , fignify'd , one who 
 was a mony'd Man , bene nummafus. Efcu alfo fignify'd a 
 Shield, or Target, and fometimes flood for the Coat of 
 Armes blazoned on fuch Shield ; as, UEfcu de France, is, 
 the Armes of France. From Efcu , comes the French 
 word Efcuyer, and from thence our Englifh Efquire. Thrs,-"' ' 
 fays Nicot, is the firft degree among the Titles of theNo^ 
 blelfe m France, and is called in LmnScutifer, as one 
 who bears a Shield, and has a right to Coat Armour ; for 
 an Efeuyer, fays he, is properly one who has, a right to 
 bear a Coat of Armes on his Shield ; fo that every Efeuyer 
 in France is a Gentleman^ for none is there efteem'd a 
 Gentleman , who has not a right to a Coat of Armes. 
 From hence comes the woxd Efcujfon in French, and 
 f?Qm theoce our word Efcmchem in Engliih, £^« Qiigi- 
 
 C 5 naUy
 
 is 0/" Absolute and 
 
 ^ over that Scute, fyve Skuts. Whef thftigh 
 they be ^ artyd by neceflite, fo to watch, la- 
 bour, and grub in the Ground, for their Sufle- 
 naunce , that their nature is much waftid , and 
 the Kynd of them brought to nowght. Thay 
 gone crokyd, and ar feble , not able to fyght^ 
 nor to defend the Realme ; nor they have we- 
 pon, nor monye to buy them wepon withal \ 
 but verely thay ly vyn in the moll extreme Po- 
 vertie and Mylerye, and yet thay dwellyn, ii^ 
 one , the moll: fertile Realme of the World : 
 wher thrugh the French Kyng hath not Men 
 of his ovvnc Realme, able to defend it, except 
 his Nobles, which beryn npn luch Impofiti- 
 ons ; and therfor thay ar ryght likely of their 
 Bodys , by which caufe the faid Kyng is com- 
 
 nally comes from the Latin word Scutum^ a Shield^ and 
 that comes from the Greek Sjct^'r©-, which fignjfies a Hide^ 
 or Leather^ of which Shields were, among the Greeks - 
 anciently made, and with which fometimes cover'd ; and 
 indeed, in the time of the Saxons, our Shields were cover*d 
 with Leather, as appears by a Law of Kmg j¥.theljlane 
 before mention'd, whereby 'tis prohibited, that Shields 
 Ihould be cover'd with fo thin a Leather as Sheep Skin. 
 Du Cheffje H'tjl. Angl. 828. Cronicon Preciof. by the learned 
 Bijhop of St. Afaph 23. Fortefcue de Laud. Leg. Angl. ii8. 
 Nicot Fr. Dia. 
 
 * P rom the Saxon word opep, which figuifies , fupra^ 
 idfoz'e. Somn. Did. 
 
 ^ i. e. arded^ or coarBed., from the old French Verb^ 
 coariier.^ which fignifies to prefs^ or rejhain. 
 
 pellid
 
 Limited Monarchy, 23 
 
 pcllid to make his Armys , and Retennys for 
 the defence of his Land, of Strauugars, aa 
 Scott s , Spaniards , ^ Arragonars , Men of 
 ^ Almayn , and of other Nacions , els al hii 
 Ennymys might overrenne hym. For he hath 
 no Diffence of his own , excepte his Caftells , 
 and Fortrafis. Loo this the frute of hys Jm 
 Regale. Yf the Realme of Englond^ which 
 is an He, and therefor may not lightly get So- 
 coures of other Londs , were rulid under fucH 
 & Lawe, and under fuch a Prince, it would h% 
 than a Pray to all other Nacions that would 
 conquere, robbe, and devouer yt ; which was 
 well prouvyd in the tyme of the Brytons , 
 whan the Scotts and the TyBes, lb bette and 
 oppreflyd this Lond, that the People therof 
 ibughte helpe of the Romayns, to whom they 
 had byn Trybutorye. And whan thay could 
 not be defendyd by them, they fought helpe 
 of the Duke of Brytayne ^ than callid Litil 
 Brytayne , and grauntyd therfor, to. make his 
 Brother Conftantine their Kyng. And fo he 
 was made Kyng heere, and raynyd many Yers^ 
 
 * i. e. Aragontans., 
 
 •" i. e. Germany ; it is called Atmaytte in Chaucer^ an^ 
 3,11 other old Englifh, Authors, from Alernamia^ in Frenctx 
 
 C 4 ^i
 
 24 0/" Absolute and 
 
 and his Children after hym , off which grete 
 Arthur e , was one of their YfTue. But bleflid 
 be God^ this Lond ys ruUd under a better 
 Lawe , and therfor the People therof be not 
 in fuch penurye, nor therby hurt in their Per- 
 fons, but thay be wealthye and have al thyngs 
 neceffarye, to the liiftenaunce of Nature. Wher- 
 for thay be myghty , and able to refyfle the 
 Adverfariis of the Realme , and to bett other 
 Realmes , that do or will do them wrong. 
 Loo this is the Frute of Jm Tol'ttkum ^ 
 Regale, under which we lyve. Sumwhat now 
 I have fchewyd you of the Frutys of both 
 Lawys, ^t ex frti5fibus eorum cognofcatis 
 eos, ^c. 
 
 
 Chap.
 
 Limited Monarchy. 25 
 
 Chap. IV. 
 
 Hereafter ys ^ fchevpyd hou the 
 
 ' Kevenu^ o/^Fraunze l^e made 
 Zrete. 
 
 o 
 
 SETHEN our Kyng reygnith upon us 
 by Lawys more favorable and good to 
 us , than be the Lawys by the which 
 .iht Frenche Kyng rulith his People, hit is 
 reafbn we be to hym more good , and more 
 profitable than be the Subgetts of the Frenche 
 Kyng unto hym, whych it would feme that 
 we be not, confyderyng that his Subgetts 
 ^ yeldyn to liym more in one Yere, th^n wee 
 
 do 
 
 • From the Saxon t^eapian, tojhew. And here it may 
 ^ be obferved that r^5 among the Saxons, is, in our mo- 
 . dern Englifh , generally turn'd into Jh, as in the Nouns, 
 fceojar, fceo, j-cip, fcipe, in Englilh, Jhorf, Jhoe^ Jhip, 
 Jhire : fo in the Verbs, fceocan, jpceapan, fceafean, 
 fceappan, in Englifh, to poot ^ to pear ^ topade^ to 
 parpen : and fo in many more inftances too tedious to 
 -infert. Somn. Sax. DiSi. 
 
 ^ That is , pay , for this word yeldyn^ comes from the 
 
 Saxon Verb ^elban, or 5yl&an5 to pay ; and from hence 
 
 it is, that in Doomfday-book you frequently meet with gH- .' ■ 
 
 dare, to pay, OT render. Ibidem, tit. Somerf. Wells. £/>/- 
 
 J(op}is i^ftim oppidf/m tenuity qmd pro fa. hidis gildazvt. 
 
 Ai;4
 
 q6 0/" Absolute and 
 
 do to our Soveryng Lord in two Yers , how 
 fo be it that thay do fo, ageyn their Wills. 
 Nevertheles whail it is confyderyd, hou a 
 Kyng's Office flondith in two Thyngs, one to 
 
 defend 
 
 And from ^il&an, comes the Saxon word ^eb, or ^yl&5 
 a tribute, payment, or money ; in Dutch, gelt, to this day. 
 In the Media Latinitate it is render'd Geldum, fignifying, a 
 I'ax. Hen. Huntington. Hifi. lib. 7. de Willielmo Rufo , in 
 Anno 1 1 06; Vicinos IVerra fuos, exercitihus frequentijfimis ^ 
 geldis continuis vexabat. So in Doomfday-book , hoc totum 
 habet , ttn. Mil. in long, cj' dimi. in lat. ^ de zos. reddit, 
 15"^. in Gelto. But this word plJ>5 among the Saxons, 
 had another fignification, which was, a mul^, or compen- 
 fatioH for a Crime, as, pep-^il&, a compenfation for the 
 death of a Man, the value or price of a Man who was flain. 
 It is from the fame original, that our old Englifh word. Gild, 
 fignifying a Corporation, Company, or Fraternity, is deriv'd ; 
 in barbarous Latin , Gilda, and fometimes Gildonia ; for 
 that every one was gildare , to pay fomething toward the 
 fupport of the whole Community ; and from thence it 
 is ^ that the Places , where thefe Corporations meet , are 
 call'd Gild'hallas, in Englifh, Gild-halls, i. e. HaUs of the 
 <iiU, or Society ; and to this day we find the publick 
 Feafts, among the Germans, call'd (0tll>en, And indeed, 
 anciently, the Inhabitants of Towns and Burroughs in En- 
 gland, were incorporated by Grants from the King, by the 
 words, Gildam mercatoriam ; and fo was the Charter of 
 H.l. which was granted to the Weavers of London, by 
 which he granted to them, that they fhould have, Gildam 
 mercatoriam, there being no other words of Incorporatiot^ 
 ufcd in thofe days. 
 
 I think it will not be amifs in this place to ob- 
 
 ferve that the Saxon 5 5 is very often in modern Etl-» 
 
 glifti foften'd into y, both in the beginning, middle , an<i 
 
 .^4 cf W0^4s^ Ia the beginning, ^s iii, yemany ox 
 
 ' . yeoman y^
 
 JLiMiTED Monarchy. 27 
 
 defend his Realme ageyii their Ennymyes otit^ * inward 
 ward, by Sword, another, that he defendith astt 'IJl 
 his People ageyn wrong Doars inward, * which /'^'^'^'^ ^ 
 the Frenche Kyng doth nott ; fythen he o^-firji Book 
 preffith them more hymfelf , than would have tjhichfhl 
 done ai the wronge Doars of the Realme , French 
 though thay had had no Kyng. And fythen Jtf M 
 yt is a fynne, to gyve no Mete, Drynke, Cio- ^^ ^^^? 
 thyng, or other Aimes, to them that ^xv^^ betwene 
 nede, as lliall be declaryd in the dzj o^^J'J'ff, 
 \ Dome ; hou mych a gretter Synne is it, to jea ^ jp 
 
 jith^ &c. 
 yeoman^ from the Saxon ^eman 5 year^ from the Saxon Laud, 
 ^eape $ yoke^ from geoc j fo yeld^ or yield^ from the . 
 Saxon ^elb : So in the ufual phrafe in Leafes , where 
 Rent is referved, by the words yieldiijg and paying^ by turn- 
 ing the y into ^, in S^xon it is ^el&en^, or ^elbyn^ 5 
 which fignifies properly rendring^ and anfwers to the La- 
 tin, retfdendo ; and this, indeed, is moft fuitable to the ' 
 Nature pf a Rent referved^ which is to reftore, or give 
 back a part, in lieu of the whol6 fo leafed. So you find 
 in Pierce Plowman , ^et ttJill 3! ^zih again , if 3I Co 
 mucf) l)atjc. This Letter ^ is alfo liquified in the middle, 
 as in the word fail^ from the Saxon fas^l ^ faail, from 
 ■ jnaegl 3 tail;, from ra^^l j fair^ from psejeji : So fa 
 the end of words , as in day^ from the^ Shxoh 5£eg j pop- 
 py^ from papi^. Hickef. The[. 4. Sp^elm, Glof. Regifter 
 vfU'^rits^ 219. Co. Rep. li. 10. p. 30. 
 
 ' This is perfed Saxon, and iignifieSj a Sentence^ D^~ 
 ^ree., or 'Judgment. Sometimes tjome, or &orn, is us'd 
 ^s a termination to Nouns Subftantive, fignifying art Of- 
 fice^ or Duty., with Rule or Government ; as in £ymn|;- 
 feome, oityn^oipe) InEnglifli, Kingdora-, ^^Iho^r.
 
 28 0/" Absolute and 
 
 take from the pore Man , his Mete , his 
 Dr}'nke, his Clothyng, and al that he hath 
 neede off? Which verely doth the Frenche 
 
 Kyng 
 
 feome, Sherriffwlck \ thcSberriff^ in the Saxon Times, 
 being always zNoblemaa^ called Galbop, or eal&opman, 
 from whence comes our Englifh Alderman^ in Latin, Co- 
 mes. So Bifceop-bome, fignifies Bipoprick ; and from 
 thence we have the Englifh words Popedonte ^ Duke- 
 dome^ Chrijiendome ^ and many others. Sometimes a- 
 gain, bom denotes the State ^ Condition^ or Quality cf 
 any things as, ppeobome, freedome ; hupebomc, whore- 
 dom ; piJtxDme, vjifdom ; Jjeopbome, thraldom. So the 
 words, borne, and boma]", fignify'd the &<«a/^ and Cow- 
 mon Law among the Saxons ; as among the Laws of Ina-t 
 Kingof the Welt Saxons, it is provided, "f nseni^ Galbop- 
 manna ne uj" unbep ^eJ)eobenbpa seprep J)£em pepe 
 apenbenbe )>2e]- upe bomaf j in Englifh, That no Noble- 
 Tnart.^ or other Subjeit^ dare to break or pervert our Laxjs ^ 
 Inter Leg. Inae, Lamb. Arch. p. i . Hence the Statute Book, 
 or Book of Laws among the Saxons, was called Dome- 
 boc. Dame-book , as , bcce j^a bom-boc t^aece 5 com- 
 peitfet^ Jicut Liber Judicialis Jiatuerit ; let him make fuch re- 
 campence as the DooM-book teaches ; which , no doubt , re- 
 ferr'd to the Body of Laws in thofe Times. Inter Leg, 
 Edwardi fen. capite 8. So , in the Law of King Edgar., 
 for keeping the Sabbath , it is faid, healbe mon selcej" 
 Xunnan bre^ej- , ppeolf . ppam nonribe pasp pzecep- 
 nep ba^^ej- o))))a2f monan bas^ej" hhrmj. be J)*em 
 pire ^ bom- hoc rascj) j let every Man keep Sunday ho^ 
 iy ; from three a Clock of Saturday in the Afternoon^ to break 
 of day on Munday., on fuch a penalty., as the Doom-book^ or 
 Book cfLavjs appoints. Inter Leg. Edgar, cap. f. 
 
 Now when the Bifhop and Earl, by the Saxons cdled^ 
 Bipceop , and 6albopman , fat together in the County 
 <^ourt , zs they did until the Conqueft j and before the 
 
 CQurti
 
 Limited Monarchy. 2^ 
 
 Kyng to many a f M off his Subgetts , as it t ^^«»- 
 Js opynly before declaryd. Whych thyng /'*'' * 
 though it be colowryd fer Jus Regale, yet it 
 is Tyrannye. For , as Saynt Thomas laith , 
 whan a Kyng rulith his Realme onely to his 
 
 Courts at Weftminfler were erected, they judged all Cau- 
 fes , both temporal and fpiritual ; and as the Bifliop and 
 fpiritual Judge, ufed to carry with him to Court, a Book 
 of Camns , not only to dired him in his Decrees, but as 
 an Enfign of his Authority ; fo the Earl , who was the , 
 temporal Judge, carry'd this Dome-book with him , which 
 was the Body of the temporal Law , for the fame pur* 
 pofes. 
 
 From hence , I conceive , comes the name of the 
 famous Book , called Doomfday-book ; the queltion whe- 
 ther Lands are ancient Demefii or not , being finally to 
 be determined by the Decree and Sentence of that Book, 
 from which there lies no Appeal , nor againlt which any 
 Averment is allow'd by the Law. And this is to be. 
 done on Cowrt-days^ or Judgment-days ; which I con- 
 ceive to be the Reafon of the word Day in Doomf- 
 day\ ioi Day ^ or Dey^ does not Cignify a. Judgment , or. 
 Decree, as fome have thought, but it comes from the ' 
 Saxon word &£e5 5 vvhich is us'd only for day, and has 
 no fuch fignification belonging to Law, or Law Pro- 
 ceedings, as thofe Authors imagine. Fitz Herbert, in his 
 Nat. Br. and fome others fay, Doomfday-book was made 
 in Edward the ConfefTor's Time ; but that is certainly % 
 miftake ; for by the Saxon Chronicle, and other Authors, 
 it appears to have been begun in the Year 1085' , which 
 was in the twentieth Year of the Reign of W'tUlam the 
 Conqueror. From the word &ome, comes &omej)n, 
 which fignifies , a Court , Place of Judgment , or Judg' 
 ment-Hall, and bome-j-ecle, fignifies 2. Judgment-Seat, 
 Marefc. Evang. 18. John 28, Hickef Thef. 12. Differt. 
 Epiftol. 60. Chron. Saxon. i8(5. 49Ed.3. 23;. 
 
 own
 
 30 0/" Absolute and 
 
 own profytr , and not to the good of his Sub- 
 getts ^ he ys a Tyraunte. King * Harauld 
 reynyd upon the Jewys , ^owinio Regali ; 
 yet whan he fclough the Children of Ifraell^ 
 he was in that a Tyraunte, though rhe Lawes 
 lay en, ^lod Trincift placttit , Legis habet 
 'vlgorem. Wherfor Achab, which reynyd up- 
 on the Children of Ifraell ^ by Uke Lawys , 
 and defyryd to have had Naboth, his Subgetts 
 Vyneyard , would not by that Lawe take it 
 from him, but proferyd hym the Value ther^ 
 of For thees words , faid by the Prophete , 
 ^radic eis Jus Regis^ be not els to fay but, 
 ^Frad'ic eis Totejfatem Regis. Wherfor as of- 
 tyn as a Kyng doth any thyng ^ ageyn the 
 Lawe of God , or ageyn the Lawe of Nature^ 
 he doth Wrong, notwithflondyng the {aid 
 Lawe declared by the Prophete. And yt is 
 {o, that the Lawe of Nature wollj in this 
 Cafe , that the Kyng fehuld do , to his Sub- 
 getts, as he would be done to hymfelf, if 
 he were a Subgett , which may not be that 
 he would be almofte dcftroyyd, as be the 
 Commons of Fraunce. Wherfor , albeit that 
 the Frenche Kyng's Rev^nuz be , • by fuch 
 meanys , miche gretter than be the Reve- 
 HaZy which the Kyng, our Soveryng Lord , 
 
 t From the Saxon a^en j againft. 
 
 hath
 
 Limited Monarchy. 31 
 
 hath of us, yet they be not ^ goodly takyn, 
 and the Might of his Realme is nere deftroyyd 
 therby. By which Confideration I would not* 
 that the Kyng*s Revenuz of this Realme^ were 
 made grete by any iuch meanys ; and yet of 
 nece/Iite thay mufl: be gretter than thay be at 
 this Day. And truly it is verey neceffary that 
 thay be alway grete ; and that the Kyng have 
 ^boundantly, wherwith his Aftate may be ho- 
 norably kepte for Right many Caufys , of 
 which fume Ichal now hereafter be remcQi* 
 feryd. 
 
 * i. e. jujily^ or righteously ; goodly coming from the Sa* 
 Kon word ^o&-lic, compounded of 50&, which fignifies 
 good and juji, as well as Gad; and lie, which, in our mo* 
 dern Englifti, is ly. t 
 
 Chap*
 
 32 0/" Absolute and 
 
 Chap. V. 
 
 *jLaud.7^e harmes * /^/?^f cow^ of a 
 Kyngs Tovertie. 
 
 F 
 
 IRST, if a Kyng be powre, he fchal 
 by neccffite makes his Expences , and 
 by al that is neceffarye to his Aflate , 
 by * Creaunce of borrowyng, wher thow- 
 rowgh, his Creauncers wyll wynne upon hym 
 the 4^^ or the f'^ Penny, of all that he dyfpen- 
 dith. And io he fchal lofe, when he payyth, 
 ^ Penny, the 4*^ or 5^^^ f parte of his Revenuz; and thus 
 be therby alway porer and porer. For Ufury 
 
 * In Imitation of the Saxon ^5 that. 
 
 • This is an old French word, and fignifies the fame 
 as the modern French , Creance, Credit, or Truji ; from 
 thence comes Creancier , a Creditor , which comes from 
 thtY^xh Creancer, to promife, or undertake. This brings to 
 my mind a French Proverb , which we find in Hiftory, 
 wherein the word, Anglois, Englipmen, is us'd for Cre- 
 ditors to France, to the honour of the Englifh Nation ; 
 and that was , when a Frenchman had paid all his Cre- 
 ditors, he us'd to fay, yay fayi tons mes Jnglois, I have 
 paid all my Englipmen. This Proverb was fuppos'd to 
 have had its rife , from the numerous Debts and Sums 
 of Money, that France contraded with, and was to 
 pay to England, upon account of the many Conquefts 
 made by our Kings of England in the Kingdom of France, 
 Nicot. 
 
 and
 
 Limited Monarchy. 33 
 
 and ^ Chevefaiince , increfith the Povertie of 
 hym that borowyth. His Creauncers fchal 
 always grutch for lacke of their Payment, and 
 diffame his Highnefs of Mylgovernaunce, and 
 Defaute of kepyng of * Days ; which yf he * {. e. of 
 kepe , he muft borowe as much at the Days, f^y"^^" ' 
 as at the firft. For he Ichal be than porar 
 than he was, by the Value of the 4^'' or 5-^^ 
 parte of his firft Expenfes ; and fb be always 
 porar and porar, unto the tyme he be the po- 
 
 •^ This word is an obfolete French wol-d , and I find it 
 wrote thus, Chcv/JJance^ fignifying an Agreement^ or Com-^ 
 pofition between Debtor and Creditor^ m relation to the loan 
 of Moneys ; and this comes from the old French word 
 Chez'tr^ \6 corfie to vCa Agreement ^ or make a Bargain 
 touching Property ; and from hence the old French 
 word, Chevance^ is us'd for GWj, Money ^ ox Riches. In 
 barbarous Latin, 'tis Chivancia, which you will find in 
 Chart. Edvar. II. Reg. Angl. in Monaft. Angl. Tom. i. 
 Z'- 35'9- Quod idem prioratus pene deJiruSi us ., ^ pojfejfiones 
 fuce ad plurimos terminos ^ pro plurimis Chivanciis alienates 
 exijlunt. Chevifance , in its original fignification, meant 
 nothing of corruption , as here in our Author it feems to 
 do ; but it now generally fignifies, a corrupt^ ufurious., and 
 illegal Contra^ between Debtor and Creditor., and is fo us'd 
 in our Laws, Statutes, and Hiftories, and particularly in 
 the Statutes of Ufury. 
 
 The word Chevifance is originally Italian, from whence 
 moft of our words relating to Merchandife and Trade, 
 are deriv'd. It comes from the Italian word, Civanza, 
 which fignifies advantage^ odds, increafe of profit , or rather 
 Jhifting for profit ; and that from the Italian Verb, Civdn- 
 z^re, to farecajlj znd Jhifi how to get. Torriano Vocabo- 
 lario Italiano 6c Inglefe. Monf. Menage Origin! della.Lin- 
 gua Italiana. Du Frefn. GlofT. 
 
 D reft
 
 34 O/' Absolute and 
 
 reft Lord of his Lond. For fuch maner of bo- 
 rowing , makyth the grete Lords to be porar 
 than their Tenaunts. What Dilhonour is this, 
 and abatyng the Glory of a Kyng ! and yet yt 
 ] Bat yet {^ f lefle to his owne fewertie. For his Sub- 
 tohysun-^^tts wol rather goo with a Lord, that is rich, 
 ^{^'\ and may pay their Wags and Expenls , than 
 with their Kyng that hath nowght in his 
 c Prys , but thay muft ferve hym , if they wil 
 do fb , at their own Difpenfes. Item , if the 
 Kyng be poer , he fchal of neceffite make his 
 Gyfts and Rewards by ^ Adignements , for 
 which he fchal have but Htil thanke. For 
 the poer Man had rather have a loo Marks in 
 hand, than a loo Pound by any Aflignement, 
 which peraventure fchal cofl hym ^ right mych 
 
 ^ or 
 
 • Pryj, i.e. Pyrs^ or Purfe. This is after the manner 
 of the Saxons, who have many words , wherein, if you 
 tranfpofe a Letter, as by putting fometimes the Vowel be- 
 fore the Confonant, and fometimes the Confonant before 
 the Vowel, they become perfed Englifh, as, popjf^ for frojl ; 
 cpxC, for cart; bpit&e, for ^/>^; pyphco, for Jright; 
 ,p£epf, in the Weft Country at this day called, waps^ 
 for wafp ; ^epf , for grafs ; fo beophc, for bright ^ 
 berfC, for beft^ and many others. Thef. L'tngu. 4, f, 
 
 * /'. e. by Grants^ and AJfignments of demands and duties 
 .payable to the Crown. 
 
 - • From the Saxon pihc, which fignifies right., jujl., and 
 true. It fignifies alfo ^xLaiv., Statute^ Decree., Equity., or Ju- 
 ftice ; but in this place it Signifies adverbially^ and means the 
 
 fame
 
 Limited Monarchy. 35 
 
 ^ or he can gett his payment, and peraventure 
 be never paid therof. And oftyntymes for 
 lacke of Money , the Kyng fchal be fayne to 
 gyve away his ^.and , to £ich as would have 
 
 fame as in modern Englifli is exprcfs'd by the woxd ^'eryy 
 or greatly ; as , for inftance , the Saxon pihu-f pijje, is 
 render'd^r£'^?//y, but word for word, it fignifies very much^ or 
 very great. So in the Saxon word, pihr-pife, from Whence 
 Comes our Englifh word, righteous-^ the true meaning of it 
 is, one very wife., or truly wife ; and from thence is the Sa- 
 ^on, pihr-pire-nyj-p, in Englifli, righteoufnefs , which 
 lignities word for word , true IVifdom^ or very great If^^if- 
 dom. This ufe of the word right., is almoft loft, but in. 
 fome ExprelTions it is yet retain'd among us to this day, 
 as in the Appellation, Right JVorpipful^ when apply'd to 
 Magiftrates of a low^er Rank ; and in Right Honourable., 
 Right Trufiy., and Right Reverend., when apply'd to Peers , ^ 
 Prelates, Privy Counfellors, and Magiftrates of a fuperior 
 Rank. Sometimes it fignifies, as in the Latin, reda., 
 fireight on., juft before you ; as , eapC-pihr, is, jujl Eafty 
 or exadly -Eafk ; from hence comes the Expreffion, in the 
 Weft of England., fore-right., that is, juft before you., ftr eight 
 vn ; fo jjaep-pihr, fignifies, illico., immediately , jujl then. 
 Somn. Sax. Did. Benfon Vocab. Angl. Saxon. 
 
 ^ Or, does not here ftand for a Conjun6lion, but for 
 pn Adverb of Time , and comes from the Saxon ^ep , 
 .which fignifies, firfl ., or before^ and in modern Englifh, 
 is wrote thiis, ''ere., or ^er. So in SaxOn, the word 
 ep-bopen, is, primogenitus., firft-born; aep-onpan^ian , 
 to anticipate ;. 3^p-'^y\V\\kn.-bX'^.f the dav before yejlerday ^ 
 asp-leohr, day-break ; cep-mep-'gen, early in the morn- 
 ing. From hence it may be judg'd, whether, in modern 
 Englifh , to write Vr, be not better Orthography , than 
 to write it thus, Vr^, .wherein you add another letter, 
 not in the original word. Somn, Sax.. Did. Benfon Sa- 
 xon, Vocab. . ' *
 
 ^6 0/" Absolute and 
 
 be e fayner of a loo Pound in hand , than of 
 40 Pound worth of Lond yerely, to the grete 
 abating of his Revenuz , and Depopulation of 
 his Realme. But the gretefl harme, that com- 
 mith of a Kyng's Povertie , is , that he fchal 
 * requi- by neceflite be artid , to fynd * exquifyte 
 Laud, nieanys of getting of Goods , as to put De- 
 faute in fbm of his Subgetts, that be Innocents, 
 and upon the riche Man, more than the pore, 
 becaufe that he may better pay; and fb fchewe 
 Rigour ^ ther as Favor ought to be fchewyd , 
 and ib fchewe Favor ther Rygour fchuld be 
 Ichewyd , to the Perverfion of Juftice , and 
 Perturbance of the Peace and Quiet of the 
 Realme. For, as the Philofbpher faith in his 
 Eticks ; ImpoJJib'tle eft tndigentem operari bo- 
 na. I needith nott now to fpecifye, of the 
 harmys whych commyth to a Realme by the 
 Povertie of their Kyng , hou fb be it thay be 
 many moo than we have fchewed yet ; for 
 every wife Man may fee them opynly inowgh, 
 but we mufl hould it for undoubtyd, that ther 
 
 « Fain^ comes from the Saxon Adjeflive, pse^en, hi' 
 laris^ defirous^ or glad', the comparative Degree is, pas- 
 5^enep, and from thence, by turning the g into ^, comes 
 the word fayner^ which fignifies more glad^ more dejirousy 
 or had ratlier. Somn. Sax. \)\Q.. 
 
 * Now it is, -where as, 
 
 t
 
 Limited Monarchy. 37 
 
 may no Realme prolpere , or be • worfchipful 
 and noble, under a poer Kyng. 
 
 * From the Saxon, peop'S-fcype-pulj nowpeop^, f?g- 
 nifies/Z-^r^A, or a worthy Perjoa^ and that comes from the 
 Saxon Verb, peop^ian, venerari^ to ejleem^ reverence^ and 
 zalue. Ship, comes from the Saxon terminations, f^ypj 
 or r^yp^j lignifying the Condition, or Quality of a things 
 or ferfon ; as, JJC^Q-f cype, 'thani dignitas vel munus , the 
 dignity, or //V/^ of a Nobleman ; from hence we have our 
 Englifti termination, Jhip, as in Stewardjhipy Aldermanjhif^ 
 Worjhip. So alfo pul, in Englifh full, is a Saxon termi- 
 nation , and fignifies the Completion , or PetfeBion of the 
 Quality fpoken of as, manpul, fuH of Man, or Sin ; for 
 Man ; in the Saxon, and in the ancient Scandian Gothick 
 Mein, fignifies Sin, or IVickednefs, as well as Man ; and 
 therefore the word manjpul, in Saxon, (lands fometimes 
 for a Publican, or Sinner, and manpulnyff, for JVicked^ 
 nefs. Hence it may be obferved that, as Irob, among 
 the Saxons, fignify'd Good, as well as God, fo the Saxon 
 O^an, fignify'd Sin, as well as Man. Thef. Ling. 12, 
 Wallis Grammatica Linguae Anglicanae, p. 114. Soiwi, 
 §p, Pi^. Marefcal, Evangel, 
 
 03 C H A p. 
 
 r% i ^ Li ,: ' i.
 
 3S 0/" Absolute and 
 
 Chap. VI. 
 
 Ordynaunces for the Kyngs ^ Or^ 
 denarye Chargjs. 
 
 AND fethen it is neceffarye that theKyng 
 be alway riche, whiche may not be 
 without he have Revenuz fufficyent 
 for the yerely Mayntenaunce of his Eflate ; hy t 
 is ^ bchoveful that we firft efteme , what his 
 yerely chargs and expenfes be like to drawe 
 unto. For after that, nedith his Revenuz be 
 proporcyonyd, but yet they nedyn to be gret- 
 ter than would be the chargs, for doute of fo- 
 deyn Caiys , which ^ mowe fal to hym , and 
 to hys Realme. For Sayndt Barnarde faith, 
 that if a Mannys expencs be egal to his 
 Lyvelood, a fbdeyn Chaunce may deftroy his 
 
 * In modern Phrafe , this would be called, I fuppofe, 
 the Civil Lift. 
 
 * Sometimes it's hehoveahle^ from the Saxon behoplic, 
 which comes from the Verb behopan, to need^ or to have 
 need of; from whence comes the Saxon behopa^, it 
 hehoveth; Kilian. behoeven. In the old Pfalms you of- 
 ten meet with behoofs which fignifies natural or moral 
 need ; fo that behoveful^ or behoof-ful^ fignifies what, from 
 neceflity or decency, ought to be faid or done. 
 
 * The feme as movjt ; which fee before, in the word may. 
 
 Eflate.
 
 Limited Monarchy. 35. 
 
 Eflate. The Kyngs yerly expencs (londyn in 
 chargs Ordynarye , and in chargs Extraor- 
 dynary. His chargs Ordynary may not be 
 eichewyd, and therfor it nedith that ther be 
 Lyvelood affignyd for the payment therof ; 
 which Lyvelood be in no wyfe putt to no 
 other ufe. And if it happyn that any Patent 
 be made of any parte thereof to other uie , 
 that than the Patent to be voyde, and of non 
 elJede : Which thyng, yf it be fermeiy efta- 
 blylchid, the Kyngs Ordinary chargys may al- 
 way be paid in hand , and the Provyfyon of 
 them may be alway made in fealbn ; whych 
 fchal be worth to the Kyng the fourth or fifth 
 part of the quantite of his expenls for his Or- 
 dynarye chargs. This may in nothyng re- 
 flrayne the Kyngs Power. For it is no Power 
 to ^ may ahen , and put awaye : But it is 
 Power to may have, and kepe to hymfelf.* 
 So it is no Power to may fyne, and to do 
 yll , or to may be lyke , or weic old, or that 
 a Man may hurt hymfelf For all thecs Pow- 
 ers coniyne of Impotencye. And therfor thay 
 may properly be callyd, non Powers. Wher- 
 for the holy f Spirites and Angels, that may ]fl^^^^' 
 
 * To may alien, to may have, i. e. to be able to alfen, and 
 to be able to retain, from the Saxon Verb, ttiagan, poJJ'e^ 
 to be able \ which fee before, in the word may. 
 
 D 4 not
 
 4.0 ©/"Absolute and 
 
 not fyne, wex old, be fyke, or hurt themfelf, 
 have more power than we that may harme 
 our lelf, with al the Defawts. So is the Kyngs 
 power more , in that he may not putt from 
 hym PoflefTions, NecefTarijs for his own Su- 
 flenance, than if he might put them from hym, 
 and alyene the fame to his own hurt and 
 harme. Nor is this ageyn the Kyngs Prero- 
 gatiffe, by whych he is exalted above his Sub- 
 getts : But rather this is to hym a Preroga- 
 tifTe. For no Man fave he , may have ageyn 
 the Land that be hath ons alyenyd. This 
 Lyvelood afligned for the Ordynarye chargs 
 ichal afterward be never askyd of the Kyng. 
 Nor his Hyghnefs fchal thynk for that, that 
 he hath the more Lyvelood to be gevyn 
 away ; but by reafbn therof he woll the more 
 reflrayne his Gyftes of other of his Lyvelood, 
 confyderyng that then it wol not be grete. 
 And therfor he fchal have more need of it, 
 than thay that wol aake it. The Ordynarye 
 chargs , which the Writer hereof can now re- 
 member be thees ; the Kyngs Houihold , his 
 Garde Robe. And hou fb be it, that the 
 Kyng lifte now , or will hereafter , make his 
 Houihold lefs than it was wont to be ; yet 
 his Highnefs fchal then have therfore aboute 
 his Perfone, for his Honour ajid Scwertie, 
 
 Lords,
 
 Limited Monarchy. 41 
 
 Lords, « Knights, and Efquyers, and other al- 
 fb , in as grete nombrc , or gretter than hys 
 
 Houihold 
 
 • This word, Knight^ Is a Saxon word, and wrote with 
 a C, thus, Enihc ; and in its. original and proper Signi- 
 :ficatiQn ftood for Servus, or Puer, a Servant. But this 
 Signification of Cmhr is now almoft loft, and is retained 
 i^mong us in no one Inftance, fays Somner^ except in that 
 Qi Knights of the Shire, which is ftill ufed in that Senlb 
 to this Day, lignifying fuch Gentlemen whether Knights 
 in Degree, or not, who ferve in Parliament for the feve- 
 ral Counties in England. And fuch Attendance is proper- 
 ly called a Service^ and was always fo efteemed in the 
 pye of the Law ; and the proper Duty of their Office is 
 to ferve the f^veral Counties, whereof they are Reprefen- 
 tatives , and therefore no Adion at Common Law would 
 lie for a falfe Return of Members of Parliament. So that 
 Knight.^ or Cniht., is now, in all other Inflances, ufed for 
 "^^ques Auratus., or as vulgarly render'd. Miles ; but it was 
 never ufed in that Senfe among the Englifh Saxons ; for 
 they ufed the word jje^en, T'hegen^ commonly called Thain ; 
 and a Knight among the Saxons, was one of the lefTer, or 
 more infer iour Thains, from the Saxon Verb, J)enian5 to 
 ferve^ OT to obey, from whence comes the Prince of ^^/^j's 
 Motto, Ich dien^ which fignifies, I ferve. ' 
 
 So in the Saxon Gofpels throughout, you find leojinm^* 
 cniht; ftands for a Difdple, which word for word fignifies. 
 a learning Servant. Now cnapa, in Saxon fignifies alfo a 
 Servant ; but fuch a one as was the moft inferiour, and in 
 Latin is rendered by Puerculfts, a little Boy^ or Lacquey. 
 From this word, cnapa, comes our Englifh word. Knaves 
 and from thence came the vulgar Error, that the Tranfla- 
 tors of the newTeftament had rendered, Rom. i. i. Paul 
 a Knave ofjefus Chriji., inftead of Servant of Jefus Chriji.^ 
 to Ihew his great Humility in calling himfelf the meaneft 
 Servant of 'Jefus. But this appears to be aMiftake, for no 
 EngUihTranflation of the Nev^ Teftament. as lean hear of^
 
 4-2 0/" Absolute and 
 
 Houfliold was wonre to be, to hys chargs per- 
 aventure, as gretely as his HouQiold wel rulid 
 was wont to ftond hym yn. Wherfor herein, 
 it nedith not to confydre or to purvey, but 
 only for the Kyngs Hous , which he may re- 
 lume or chaunge into his new maner, or other 
 fourme at his Pleaiure, and as it fchall be 
 thought for the fealbns moft expedyent. The 
 expenfys of which Houlhold may lone be efte-' 
 myd by thes, which of old time have byn 
 Officers theryn , and by the Clerks of the Ei^ 
 cheker. The lecund Ordynarye charge, is iht 
 payment of the Wags and ^ Fees of the Kyngs 
 
 grete 
 
 ever rendered that Verfe , Paul a Knave of Jefus Chrift ; 
 but the common Error and Opinion is fupposM to have 
 been taken up from an old Englifh Bible , in which, at 
 ■Rem. I.I. there was written , Paul a Kneawe of Jefus 
 Chrift. This Bible, was in the late Duke of Lauder^ 
 dale's Library, where many Perfons came to fee ii^ 
 for the fake of this Paffage , but the word kneawe was 
 written in lelTer Letters , than the printed words , and 
 within a fquare Border , where the Razure by holding up 
 the Leaf' to the Light, might be difcerned. This Bible 
 was really printed in the Year MDXXX. but to difguifc 
 the Forgery, they had razed out the laft X, and made it 
 MDXX. in which Year there was no Bible at all print- 
 ed. But in an ancient MS. Translation of the Revelati- 
 ons, which is in the Lord Treafurer, the Earl of Oxford\ 
 Library, there is to be found this Expreffion, to his Cnight 
 yohn. Rev. i. i. Somn. Did. Seldea. Tit. Honour, 
 ^36. Marefcal. Evangel. Mat. S- 1- 
 f From the Saxon peo, or peoh, ntwey y, hircy or
 
 Limited Monarchy. 43 
 
 grete Officers , his Courts , his Gounceil , his 
 Garde, and other ServauntS; Which charge 
 woll alvvay be grete, and thees Men nedyn al- 
 way to be redely paid. Fot Itidygence iii 
 them is not only unworfchipfuU , but y t may- 
 do the mofl harme , that may fal of any nedc 
 in any Aftate of the Lond , after the Kyngs 
 mofl grete Eflate. The third charge Ordy- 
 narye , is the payment of the kepyng of the 
 8 Marches , wherin we bere much gretter 
 charge yerely, than do the Scott s , which of- 
 tyntymes ys for favor, that we do to the Per^ . 
 ions that kepe them , which favour the Scotts 
 do not. The fourth Ordynary charge , is the 
 kepyng of Caleys , which charge is well 
 cnowgh knowyn. The fifth Ordynary charge, 
 
 fee ; in Dutch Wizt* In Gothick it h J=A,lhn; front 
 hence ^omes the barbarous Latin word /^o-j/^w, or feudum. 
 So the Saxon peoh-leaf , fignifies feelefs, or monylefs. 
 Somn. Di6l. Saxon Gram. 4. • ' 
 
 * T\iQ Marches J Borders^ or Baufidaries between Ejiglafid 
 and Scotland. This comes from the Saxon word meapc, 
 a Sign., Mark., or Bound ; and from hence comes the bar- 
 barous Latin word Marca., or Marcha., for the Boundary o^ 
 a Dominion or Territory. Charta Divifionis Imperii Ca- 
 roli M. ca. i . Ut nullus eorum fratris fui terminos^ vel regnt 
 limites invadere frixfurnat^ neque fraudulenter ingredi ad con-^ 
 turbandum regnum ejus , vel marcas minuendas^ ^c. D^ 
 Frefii Gloft Somn. Did. 
 
 ..J 
 ' 1$
 
 44 ^f Absolute ^nd 
 
 is for the Kyngs ^ Werks, of which the yere- 
 ly Expenfis may not certeynly be eftemyd, 
 but yet th' Accompts of the Clerks of the 
 Werks, wil fchewe the lykelynefs thereof, 
 while the Kyng makyth no new Werks. The 
 kepyng of the See , I rekyn not amongs the 
 Ordynarye chargs, hou be it the charge there- 
 of is yerely borne, becaufe it is not eftemable. j 
 And the Kyng hath therfor the Subfydye of 
 Pondage and Tonnage. NeverthelefTe by that 
 reafon, Pondage and Tonnage may not be re- 
 kyn'd as parcel of the Revenuz, which the 
 Kyng hath , for the Mayntenaunce of bis E- 
 flate, bycaufe it owght to be applyyd only to 
 the kepyng of the See. And though we have 
 not alway Warr upon the See , yet it fchall 
 be alway neceflarye, that the Kyng hath Ibme 
 |Flote upon the See, for the reprcffyng of 
 
 ^ Ro. 
 
 * This word , Werh^ comes from the Saxon, and is 
 ■wholly difufed at this day in the Englifh Tongue. It fig- 
 nifies Strong Places^ or Fortificatiotis ; and Clerk of the IVerks^ 
 is Clerk of the Forts and Garrifons ; there being at that time, 
 efpecially in /r<«;ff , a great many Garrifons and ftrong 
 Places which were maintain'd by the Crown of England. 
 Now in Saxon it is wrote thus, peopc, or pej)C, a Caftlcy 
 or Place made firong with Fortifications. In IJlandip, QH'trbe* 
 Somn. Did. 
 
 ' The Saxon word is plora, a Navy of Ships, and from 
 theftce comes our W9j4 Ple^t. So plo^-man in Saxon ^
 
 Limited Monarchy. 45 
 
 ^ Rovers, lavyng of our Merchaunts, our 
 * Filchars , and Dwellars upon our Cofls ; but 
 that the Kyng kepe alway, fbme grete and 
 mighty Veflels, for the brekyng of an Army, 
 whan any fchall be made ageyn him upon the 
 See. For than , it fchal be to late to ^ da 
 make any liich VefTels. And yet without 
 them , all the Kyngs Navye fchall not fuffice 
 tobord with " Caryks, and other grete * Schippis, Dig^^V * 
 
 noiLau^i* 
 
 fignifies a Seaman^ and plot; fClpU fignifies light 'Tranfport 
 ships, fuch as the Danes ufed commonly when they \\vi2L' 
 At^ England. Somn.Diil. 
 
 ^ Rovers, i. e. Robbers, or Pirates, from the barbarous 
 Latin word , taubare , rabate, to rob. In SaxOn peapepe, 
 d Robber J dnd that comes from Jieaj^ian, to rob, and 
 that from p&ap, a Garment. In Dutch vooben, in French 
 defrober, in Italian, rubare, in Spanifh, robar. Somn Di6l. 
 
 I This from the Saxon pfcepe, aFiper, which come^ 
 -from the Saxon Verb pifcian, to fip; in Dutch Uifcljen* 
 So pifC is a Fijh In Saxon. Now moft Saxon words 
 ending in c, in our modern Englifh have their Termina- 
 tions in// ; as ^ifc in Saxon, is Dip in Englifh ; fo fco- 
 Jpel fignifies ^/^tfw/, psebic, Radip , Gn^lij-c, Englip. 
 Saxon Gram. 4. Somn. Diil. 
 
 "^ This is a French Phrafe, and fignifies to go to make, or 
 build any fuch pejfels ; as II fait batir, he is going to build* 
 
 " The barbarous Latin word is Carrica^ or Carica. Dtt 
 Frefn fays , 'tis Navigii fpecies , Navis oneraria ; by the 
 French called Carrache, Vaffeau de Charge, Walfingh. in 
 Ric. II. p. 322. Obviat quippe magnis coggonibus, ^ fex Car- ^ 
 ricis refertis vini fpeciebus, pannis aureis, &c. And as thefe 
 Carricks or Carracks were Ships of great Burthen , and 
 ufed in Trade , fo they ferved for Ships of War alfo, as 
 
 appeals
 
 ^$ 0/" Absolute and 
 
 nor yet to may breke a mighty Flote gathe- 
 ryd of Purpole. Now, as I liippofe , is ° re- 
 kenyd the gretteft parte of the Kyngs Ordy- 
 ' narye chargs. Wherefor we wyll next, to his 
 Extraordynary chargs, as far as fchal be pofli- 
 kk CO us. 
 
 appears in Hiftory. JValfingham in H. V. p. 394. Galll 
 conduxerant clajfem magnarum naiium^ Carricarum l^gaJea- 
 rum^ fua regnum AngliiC molejlaret. So fays T'ruJJ'el in //. IV. 
 That the EngUjh Fleet, failing to the Relief of Calis^ that 
 was befieged by thtFrejich^ in the way they were encoun- 
 tered by three C arracks of Genoa, which bore upon our 
 Admiral with great Fury, and batter'd him very much , 
 bnt in a little time the Englijh took the three C arracks 
 richly laden , and brought them into Rye Harbour. We 
 meet with the fame Account in //. V. where, fpeak- 
 ing of the Seige of Harflew in France, it is faid , that the 
 Englip Fleet engaging the French , the Englip funk foo 
 VefTels of one fort and another, and took three great 
 Carricks of Genoa. 
 
 Carrick is an Italian word, and comes from the Italian 
 Carracca, fpezie di Navilio, and that comes from Carrico, a 
 burden, or Load, and from thence is carricare, to load. 
 Hence is the word C^rg^o, in the old French Cargue\ the 
 Original of all which is the Latin word Carrus, a Carr. 
 So from Carracca comes the Italian Carrozza , which fig- 
 nifies Carro rozzo, in Italian, a red Carriage ; for it was 
 an ancient Cuftom among the Florentines when they went 
 to War, to have Charriots painted with red, with a white 
 Crofs upon them, and thcfe came afterwards to be ufed 
 by the Men of Quality on all occalions, and from thence 
 comes the French word CaroJJ'e, a Chariot. Du Frefn Gloff. 
 Torriano Diet. Ital. Menage Orig. Lang. Ital. & Franc. 
 
 ** Rekyn , and rekyned come from the Saxon Verb pec- 
 can, numerare, to mimber, or CQunt. Somn. Di6t. 
 
 Chap.
 
 Limited Monarchy. 47 
 
 Chap. VIL 
 
 l^he Kyngs Extraordynarye Chargjs. 
 
 THE Kyngs Extraordynary chargys ar 
 io cafuel, that no Man may knowe 
 them in certeynte, but he may efteme 
 what lume thay be not like to excede, *but if* ie.«»- 
 ther fal a Cafe over much exorbitant ; and - 
 than it Ichal be realbn and alfo neceflarye, that 
 al the Realme beare for that cale a fingular 
 charge. Such of the faid Extraordinary chargs, 
 as the Writer herof can now remember , be 
 thees. Fiiil, the Kyng fchal oftyntymys fend 
 out of this Lond , his ^ AmbafTadours , as wel 
 
 to 
 
 • Ambajfador ; in the Media Lot. it is Ambafciator^ or 
 Amhaxiator^ Legatus ; in the old German ^mbacl)t« The 
 Saxon is ambyhc-i-ec^a, a Mejfenger^ or Carrier of Ti-r 
 dings ^ from ambyhr, which fignifies a Mejfage. The 
 Saxon ambyhc , comes from the Gothick word , 
 AK^lKAKTSj Minipr, and from thence comes the 
 Saxon embyhc and embyhr-mon, a Servant, from the 
 Saxon Verb embyhran , mimjlrare , to ferve. But this 
 originally comes from the Roman word ambaSius. Cafar 
 de 'Bella GaUico^ lib. 6. cap. 15*. fays , Equitum.,'ut quifqu£ 
 efl genere^ copiifque ampliffimus., ita plurimos circum fe amba- 
 6tos, clientefque habet- Now «»? fignifies the fame as «r- 
 cum.^ from whence a Servant was called ambadus., i. e. 
 
 iircum-
 
 48 0/" Absolute and 
 
 to the Pope, as to dyvers Kyngs, Princes and 
 Nations ; and other while he fchal fend his 
 ^ Procurators and Meflengers, to the Counfeils 
 General!. Which Ambaffatours, Procurators, 
 and Meffengars, fchal nede to be honorably 
 accompanyd , and wcl be feen , as wel for the 
 
 honor 
 
 circuma^us. So the Saxon emb in embyhc , fignifies 
 about^ tanquam Jit ah aif*.(pi.y circum^ abokt. Somn. Dijft. 
 Jun. Goth. GlolFar. 
 
 ^ Procurators and Mejfengers^ i. e. Proxies and ComrrAJfa- 
 ries. So the Proxies of Lords of Parliament are called in 
 Ibme Books of the Law , Procurators ; which comes 
 from the Latin word Procurator, fignifying in general, one 
 that has a^Charge committed to him by another. And as 
 the Kings oi England always fent a CommilTary or Vice- 
 roy, to the General Councils abroaxl; fo at home, there 
 is no doubt, but the Kings of England have a Right to 
 fend Commiflioners to the Convocation of the Clergy, 
 when they meet in England, to fit with, and prefide in 
 the Convocation, to fee that nothing be done in Preju- 
 dice of the Crown and Kingdom. So King //.VIII. in the 
 Year i5'36, by his Vicar General, not only prefided, toge- 
 ther with theArchbidiop, over the Convocation, but tal- 
 king the firft Place in it, deliberated and voted as the reft 
 of the Clergy did. And heretofore, the Kings oi England 
 have fometimcs in Perfon met, and fat with, the Clergy 
 in their Synods and Convocations. 
 
 Procurator z\^o fignifies a Vicar, oxLocumtenem, one 'wh9 
 aiis in another'' sjlead. Sometimes we read oi Procurator Reg- 
 ni ; as Petrus BleJJenJis, Ep.47. Nunquam tibi exhibuitfeDomi-^ 
 tium, Jive Regem, Jed quaji Procuratorem Regni tui, &c. fo, 
 Procurator Reipublica, is a publick Magiftrate. Sometimes 
 theBifhops have called therrifelves Procuratores Ecclefiarum 
 Juarum. Fiom Procurator j comes our Englifh word Pro<?or, 
 
 in
 
 Limited Monarchy. 49 
 
 honor of the Kyng, and the Reahne, as for 
 the avaunfyng of the Matters, for which they 
 ihall be lent to the Kyngs grete charge, which 
 fchal be more or lefs , after their long or 
 Ichorte Abode, and * devoire in their Voyage. * De- 
 Itet^, The Kyng fchal here yerely chargs un- ^^^^'. 
 knowyn , in recey vyng of Lcgats and ^ Mel* Laud, 
 (angers fent from the Pope , and AmbafTators 
 fent from Kyngs and Princis, and alio from 
 grete \ Counceils beyond the See , which wil f C'om- 
 put the Kyng to grete expenfis, while thay be ^^^J^^ ~ 
 here ; and at their departyng, thay mull needs Laud. 
 have grere Gifts and Rewards , for that befe- 
 tith the Kyngs Liberalite ; alio it is necelTa- 
 rye for the X Honour of the Realme. Item^ x if/orfdp 
 Sythen it is not good, that he reward luch as °f h'--> 
 [! do , or Ichal do to hym Sarvice , and other 
 !' manerofPleafurs, with PolTeflions and Revenuz 
 
 I in a Civ il LawCourt, in French Procureur^ which in a Com- 
 ! mon Law Court lignifies an Attorney^ or Solicitor. So Procu^ 
 j; ratores Cleri, or ProSiors of the Clergy.^ are fuch as are cho- 
 j: fen for the Cathedral, or other Collegiate Churches, and 
 jl alio for the Clergy of every Diocefs, to fit in Convocation. 
 )! Procurator rerum fifcalium ., lignifies the Kin^s Attorney. 
 i: Spelm. GlofT. 4. Inftit. 323. Du Frefn GlofT. The learned 
 Bipop 0/ Lincoln's Authority of Chriftian Princes, 112. 
 
 * In Latin ilf^j-, and fometimes when fent from tem- 
 poral Princes, lignifies an AmbaJJ'ador^ as well as Legatus ; 
 but MiJJ'us Papcs differs from Legatus, being Always dele- 
 gated without the Lrijignia of a Legat, and fomewhat in- 
 ferior to a Legat , as an Envoy or Refident is to an Am- 
 balTador. Spelr/i. Ghjf. 
 
 E of
 
 50 Of Absolute mi 
 
 of his Crowne, or with the PofTefTions of his 
 Enherytaunce ^ for thay be much more necef- 
 farye for the Suftenaunce of hys grete Aflatet 
 hyt fbhal therfor be . neceffarye , that the 
 Kyng make fuch Rewards , with Money out 
 of hys Coffers, and that fume of them have 
 {o largely therof, as thay may bye them Land 
 withal , if thay will. For by this mean , the 
 Kyngs Eflate fchal alway be kepte unbleme- 
 fchid, and of liime man his Highnefs ichal 
 have more thank for Money than for Lond- 
 And alio Money is mofl mete and convenient 
 Reward , for hym that hath not long fervyd 
 This Charge woll alway be gret, and lb inefli- 
 mable gret , that in lum yere , a grete Lords 
 Lyvelood fchall not luffice to beere it, al- 
 though he would fell grete parte of his Lord- 
 ichip. And truly, whan the Kyng rewardyth 
 his Servaunts in this maner, he fchewyth 
 grete favor to al his Realme. Iteniy It fchal 
 ncde, that the Kyng have luch Trealure, that 
 he may make new Byldyngs, whan he wil , 
 for his Plefure and Magnificence. And as he 
 may bye hym riche Apparel , riche Furres , 
 ''luomcd^ Other than be * wont to fal under, and be in 
 "^' the yerely chargs of his Wardrober, riche ^ Sto- 
 
 ' nys, 
 
 * The Original of this word is the Saxon jTan, a 
 Stont^ the plural Number of which is ftanaf, from 
 
 whence
 
 Limited Monarchy. 51 
 
 nyS, « Serples, ^ Bawdericks , "and other Jew- 
 ells and Ornaments convenyent for his Aftate 
 Royall ; {6 oftyntyms his HighneHe mufl 
 
 and 
 
 whence comes this way of writing Sfotjys^ in modern Or- 
 thography, Sto»es. 'Tis from this word Scan , that the 
 Teiwn of Stains in Mi iddlef ex receives its Name, and is 
 called in Saxon, Suana, and from thence Stages. It has 
 its Name, Cambden fays, from a large Stone formerly fet 
 up there, to mark out the Extent of the City of London's 
 Jurifdiaion, in the River Thames. Camb. Britt. 309. 
 Somn. Did. Sax. 
 
 " Serples, i. e. Mantles, or Upper Garments. This is from 
 t^e old French word, ^^r/;^//.f, or Surplis^ a Surplice, or Up- 
 per Garment, of many Folds, as the Linen Garment worn 
 by tht Clergy ; in Saxon opepj-lipe, overjlip. It comes 
 from the Latin SuperpelUcium, and not from SuppelUcium, as 
 fome have thought. Durandus liv. 3. ca. 1. Norn. 10. Sx^ 
 perpellicium^ eo quod antiquitus ftiper tunicas pellicias., de pel- 
 libus mortuorum animalium faBas induebatur : quod adhuc in 
 quibufdam Ecclejiis obfervatur. Such were the Furred Gar- 
 ments and Robes of State worn by Kings, Judges, and other 
 Magiftrates. In this kind of Habit St. Gregory feems to 
 be defcribed in his Saxon Homily, mi& pellas'num ^yp- 
 lum, in a Furred Garment. The Spaniards call it Sobre- 
 pelliz. So th2i.tSerfles here fignifies fuch rich Mantles and 
 Furrs, as the King ufed to wear with, or upon" his Robes 
 of State. For Surpelis is compounded of fuper and pal- 
 lium., or palla ; as much as to fay, fubpallicium ; and in 
 fome Countries in France., peUe lignilies a Robe to this day. 
 Menag. Orig. Franc. 
 
 ^ Bawdertcks., i. e. Belts., from the old French vfordiBau- 
 drier, a Piece of dreffed Leather, Girdle, or Belt made of 
 fUch Leather ; and that comes from the Verb baudroyer , 
 fo drefs Leather, curry., or make Belts. Monfieur Menage 
 fays, this comes from the Italian Baldringus, and that from 
 
 E z the
 
 52 Of Absolute and 
 
 and will bye riche Hangyngs, and other Ap* 
 parels, for his Houfys, Weffels, Wellments, 
 and other Ornaments for his Chapel ; bve al- 
 io Horfes, and Traps of grete Price, and do 
 other fuch noble and grete Cofls , as befyttith 
 his Royal Magefbe , of which it is not now 
 poflible to the Writer herof , for to remember 
 the Elpeciahties- For if a Kyng did not {o^ 
 nor might do, he lyvyd not like his Eflate, 
 but rather in mylerye, and more in fubjedion 
 than dothc a private Perfbn. Item, The Kyng 
 Ichal oftyntymys lend his Commyfii oners in 
 gret Myght , and alio his Jugs to repreffe and 
 ponyfche Riotours and Ryfars ; for whiche 
 caule , he (chal other whilys ryde in his own 
 Perfbne, might^^lye accompanyd ; which thyng 
 wol not be done without gret Cofts. For no 
 man is bowndyn to ferve hym in fuch Cafys, 
 at his own Dilpenfys. Item, If ther come a 
 {bdein Arraye upon this Lond , by See or by 
 Land ; the Kyng muft encountre them , with 
 
 • the Latin Baheus , from whence the Bahick Sea has its 
 Name, becaufe it goes round as a Belt. This word Bau- 
 drier ^ among the French fometimes fignified a Girdle^ in 
 which People ufed to put their Money : So \sRablais iii. 
 
 . 37, Adonques Seigny Joan avo'tt leur discord entendu , com- 
 manda au faquin qt^'tl lui tirajl de fon baudrier quelque piece 
 d'' Argent. Now Baheus among the Romans fignified tlie 
 fame as the Saxon belce, mEngltp^ Belt. Menag. Orig. 
 Franc. Somn. Di<5t. Sax. Nicot Di<St. 
 
 a like
 
 Limited Monarchy. 53 
 
 a like Armye , or a gretter , for the expenfis 
 wherof, he fchal not Co fbdenly have Ayde of 
 his People. Wherfor he mufl then do thes ex- 
 penles with Money out of his Coffers, or put 
 his Land in Jeopardye. Loo now we have re- 
 membrid grete Parte of the Kyngs Extraordy na- 
 rye Charges. And before is fchewyd, grete 
 parte of his Ordynary chargs. Wherfor now 
 it is time that it be fchewyd , hou the Kyng 
 may have Revenuz and Ly velood , lufficyent; 
 to bere thees two Chargs, 
 
 E 3 Chap.
 
 54 0/^ Absolute and 
 
 Chap. VIIL 
 
 Yf the Kyngs Lyvelood fufjice nott, 
 his Subgettys . aught to make jt 
 fuffycyent. 
 
 HY T is fchewyd before , hou neceflarye 
 it is, that Lyvelood liifficient be afTign- 
 yd for the Kyngs Ordenarye chargs , 
 and that the fame Lyvelood be only applyyd 
 therto, and not alienyd in tyme coming. For 
 that Alignment may in no wile hurt the Kyng, 
 confederyng that if any parte of the Revenuz 
 therof, remayne over the payment of the fame 
 Ordynarye chargs , that fo remaynyng, is the 
 Kyngs own Money , which he may than em- 
 ploy to other Ufys , at his Pleafure. And it 
 is imdoubtid that the Kyng hath Lyvelood 
 lufficyent which may be fb afligned , for his 
 Ordynarye chargys. Wherfore now, we have 
 nothing els to be ferchid, but what Lyvelood 
 the Kyng hath for the payment of his char- 
 gys Extraordynarye, over lb much Lyvelood, 
 as fchal be afTigned for his chargis Ordynarye ; 
 and if he fchal not have Lyvelood lufficient 
 
 1 therto.
 
 Limited Monarchy. 55 
 
 therto , hou than may his Lyvelood be made 
 fiifficyent. For his Realme is ^boundyn by 
 Right to lufteyn hym, in every thyng necef- 
 iarye to his Aflate. For as Saynt Thomas lay th. 
 Rex datur profter Regnum, & non Regnum^ 
 propter Regem. Wherfor al that he dothe , 
 owith to be referryd to his Kyngdome, For 
 though his Aflate be the higheft Ailate Tem- 
 poral in the Erthe , yet it ys an Office, in the 
 whiche he mynyftrith in his Realme, Defence 
 and Juflice. And therfor he may lay of * hym- * hymfelf^ 
 felf, as the Pope fayth of hymfelf and of thQ2ifJ!' 
 Church , in that he wry tyth , Servus Servo- Laud, 
 rum 'Dei, By whiche realbn , right as every 
 Servaunt awyth to have his Sullenaunce of 
 hym that he fervyth, {o owght the Pope to 
 be lufteynid by the Chirche, and the Kyng by 
 his Realme. Nemo debet prop^m expenfa 
 milltare. And our Lord faith, T>ignus eft Q^ 
 jperar'ms cibo Jko. Wherfor fithen every Realme 
 lis boundyn to fufteyn his Kyng , yet much' 
 more be we boundyn thereto, upon v/hom our 
 Kyng reynith by fq favourable ^ Mwys , 
 
 a^ 
 
 * boundyn ; from the Saxon bun5en, hound. 
 . * Lamys ; this is wrote fa,, fromthe maiyier of the Saxons ,- 
 luid comes from the Saxon la^, or la^a, which by turn- 
 ing the g into w, as is ufual, makes our Englilh word. 
 Urn ; in thq French it i§ Ley. lo the pluxal Number of , 
 
 E 4 tU<{
 
 5^ 0/" Absolute and 
 
 as is before declarid , ^c, 
 
 the Saxon it is la^aj-, and from thence you have Lawas^ 
 oxLawys^ which you find frequently in old Authors. We 
 often meet with L^tg-^ in the barbarous Latin, as in Mag- 
 na Charta Libertat.Angl. ab H. I. concej}'. Lagam regis Ed- 
 ivardi vobis rcddo^ cum Hits emendat'tombus quibus pater mens 
 earn emendav'tt. From thcnce come the word Seaxen-Yj^c- 
 g^, ilf<?r<rf»-Laga, Z>^»(?-Laga, i.e. theL^iyjof theiy^^A-u^x, 
 the Laws of the Mercians^ and Lavjs of the Danes. 
 
 From the word Laga., and the Saxon word Man^ is form- 
 ed this old Law word Lagamannus , which lignified , fays 
 Spelman^ probus iff legalis homo ; and for that, quotes a Law 
 in Edward the Confeflor's Time, cap. 38. Poftea inquifijfet 
 jujlitia per Lagamannos, ^ per meliores homines de Burgo. 
 But Somner and Lambard think, and with great Reafon, that 
 Lagamanni fignified the Thains, called afterwards the Ba- 
 rons., who fat as Judges, and had a Powejr of determining 
 Rights in Courts of Juftice. And therefore we find the 
 lah-men, which , among the Saxons , were the fame as 
 the Lagamanni , hearing and determining Civil Rights , as 
 " Judges. In Senatus-Confult. de MonticoUs IVallice., cap. 3. 
 'tis faid, xn. lah-men j-cylon p»hc caecean ^ealan "^ 
 Gn^lan, vi. en^li^ce, -3 vi. fylirc j which L^»2^^r^ 
 renders thus: Let ii Men of Law., 6 Englifh, and 6Wel(h, 
 do Right and Juftice both to the Englifh and Welfh. Now 
 Lambard., I think, renders this word lah-men truly, be- 
 caufe the Phrafe pight raecean, fignifies, Jus dicere.^ to 
 4/fpence Law., and not to decide Fad only, which is the 
 proper Office of a Jury-man , or legalis homo. And in- 
 deed, the Saxon lah-man, does more properly fignify a 
 IfOwyer., one skill'd in the Law, than homo legalis ; tho' 
 the true Saxon word for a Lawyer., is laja-pep, quaji vir 
 legis., a Man of Law. So Chaucer has it, the Man of Lawes 
 tah. In Scotch , it is Law-wer, Spelm. GloiT. Soma, 
 Did. Lamb. Archaionom, 
 
 HAP.
 
 Limited Monarchy. 57 
 
 C H A P, • IX. 
 
 Hereafter he fche'Wjd the Terilles 
 that may come to the Kjng, by 
 over myghty Subgetts. 
 
 BU T fithen the faid Extraordynarye 
 chargs be fb uncerteyn , that they be 
 not eltemable, it is not well poffible 
 to put in certeynte , what Lyvelood woll 
 ycrely liaffice to ^ here them. Wherfor we 
 
 • Bere^ is a Saxon word, and comes from the Verb bepan, 
 to bear^ or carry ; from thence comes bejien&e, fruitful^ 
 bearings or bringing forth. The word bepe in Saxon fig- 
 nifies alfo barley .^ by fome called beere ^ or bere^ from 
 whence comes bepn, a Barn ^ quafi Bere-ern ^ a Place 
 for Barley. And fometimes it (lands for the fame as 
 Bere-corne^ which in Saxon, lignifies Barley unhuslCd^ fod- 
 dcn in Water, in Latin Ptifana. And bepe-plop in 
 Saxon fignifies 2l Barn-floor. So bepe-hkp is <z B«r/^y- 
 haf., or Barley-^read. Hence we have the Saxon word 
 bepe-tun, which fignified^ Corn-farm, or Grange ; Vun 
 in Saxon fignifying a Houfe, or Divelling-place inclofed^ 
 and is a verbal Noun from the Saxon t;ynan, to incloj^^ 
 pr fence ; and from hence , manifeftly comes the word 
 Barton, ufed fo often in the County of Devon, and com- 
 monly to be found in the Leafes and Conveyang^s of 
 Land in that Country, iignifying a Farm, or Demean Lands ; 
 and is always contradiftinguifh'd to a Manner. Somn, 
 AW. 
 
 ^ nedQ
 
 58 0/^ Absolute and 
 
 ^ nede in this cale to ufe Conjedture and Ima- 
 ginacion, as to think that ther is no two 
 Lords Lyvelood in England, {\i^c\tnt to here 
 the Kyngs Extraordynarye chargs. Than ne- 
 dith it , that the Kyngs Lyvelood above Inch 
 Revenuz, as fchal be aiTigned for his Ordyna- 
 rye chargs , be gretter than the Lyvelood of 
 two the gretteft Lords in England. And per- 
 aventure, whan Lyvelood , liifficyent for the 
 Kyngs Ordenarye chargs , is lymyted and af 
 Cgned therto, yt fchal appere, that dyvers 
 Lords in England have as much Lyvelood of 
 their own, as than fchal remayne in the Kyngs 
 hands , for his Extraordynarye chargs ; which 
 were inconvenient, and would be to the Kyng 
 ryght dredefull. For than fuch a Lord may 
 dylpend more than the Kyng, confyderyng 
 that he is chargyd with no fiich chargs Extra- 
 ordynarye , or Ordynary e , as is the Kyng ; 
 except an Houfhold, which is but Util in com- 
 parylbn to the Kyngs Houle. Wherfor if it 
 be thus, yt Ichal be neceffarye, that ther be 
 parveyyd for the Kyng, moche gretter Lyve- 
 lood than he hath yet. For ^ Mannys Corage 
 
 is 
 
 * The Saxon is nea&, neob, or nyO, vjant^ neujpty, 
 
 • Mannys ; this is after the manner of the S^ons, and 
 ^s put for the Genitive Cafe of the Saxon word Q3an^ 
 
 which
 
 Limited Monarchy. 59 
 
 is fb noble, * that naturally he a{pyryth to *i*Laud. 
 hye thyngs, and to be exaltyd. And therfor 
 
 inforfith 
 
 which is ^annej* 5 fo ^^nne^ Sunu^ Is the Soa of Ma«^ 
 Ma»nes^ or Mannys Son^ now wrote Man's Son. From 
 hence it may be obferved, that fome, not being acquain- 
 ted with the Mother of the Englifli Tongue, have taught, 
 that the reafon of the modern way of writing thefe Words, 
 Man's Courage^ or Man's Son^ with a Mark of Abbrevia- 
 tion, was, becaufe the word his^ is alway in fuch cafe to 
 be underftood ; as, Man his Courage , Man his Son, But 
 hereby it appears to be a plain Miftake ; and that the rea- '* 
 
 fon of fuch Notation was only to fhew, that a LjCtter or 
 two was left out of the word, and not that a whole word 
 was to be put in, the Saxon being in this cafe juft as the 
 Latin is, Liberjohannis', lohanncj- boc, in Saxon; John's 
 Book, in Englilh. 
 
 This word Q}an, has divers Significations. It fome- 
 times fignifies a Nag, from the hmn Mannus ; and there- 
 fore we find ^n-Jpeop , in the Laws of King Jlfrid, 
 fignifying Manni raptor, a Horfc-Jlealer. Sometimes ^an, 
 among the Saxons, was ufed imperfonally, as anciently 
 the French ufed horn , or le horn, fometimes rhom , and 
 from thence comes the modern /'<?», as at this day, /'<»» 
 dit , they fay ; fo in Dutch , man fef l>j aiunt, they fay. 
 P?an alfo in this Language fignifies Error, or IVicked- 
 vefs ; as , J>a heoponhcan runnel "f man *3 "f mop- 
 )>op )*eon nol6on j that is, the Stars could not endure to 
 fee fuch JVickednefs, and Murther. By this we fee the Sa- 
 xons had the Term Murder ; fo they had the word Man- ' 
 Jlaughter alfo, in Saxon called OQan-flyhc 5 and Q5an- 
 fla^a was an Homicide, or Man-flayer. Somn. Di<ft. LL. 
 Aluredi Reg. cap. 9. Cafaubon de Linguis 3p; 
 
 * This ^ is plainly a Corruption of the Saxon th, wrote 
 
 ^ thus, J> ; the upper Part of which , being crofs'd with a 
 
 tranfverfe Line thus "JS flood for that. Now in tran-
 
 6o 0/^ Absolute and 
 
 inforfith hymlelf to be ^Iway gretter and gret- 
 ter. For which the Philolbpher faith, Omnia 
 amamus fedTrincipare majm. Wherfor it hath 
 comyn that often tymes , whan a Subgett 
 hath had as grete Ly velood as his Prince , he 
 •ft'Laud. hath anone alpyryd to \ the Aftate of his 
 Prince , which by luch a Man may ^ fbne be 
 * Rema-j- gotten. For the * ^ Remenaunte of the Sub- 
 Digb.' getts of fiich a Prince, feying that if fo migh- 
 ty a Subgette myght obtayne th'aftate of their 
 Prince, thay fchuld than be under a Princedo- 
 ble {q mighty as was their old Prince ; which 
 encreafe many Subgetts defyren, for their own 
 
 fcribing of old Authors, the J> was fometimes ufed to be 
 made open at the top, and fo came to be miflaken for a 
 y ; and from thence it was, that a^, with an e and t^ fet 
 above it, flood for the and that^ and fo continues to this 
 day. The Saxoris had two forts of Characters which 
 ilood for th^ but different in Sound, J>, and ^. This ^, 
 or dh^ has th« more foft Accent, and anfwers to the 
 Greek <^, as in the words, this^ that^ thine ; but the \^ 
 or the X, with the h, added thus % has a much harder 
 Sound, and anfwers to the Greek Q, as in the words thin 
 thinky thrive ; but thefe Characters being now difufed, the 
 Diftin6tion of thofe Sounds is made very difficult to Fo-. 
 reigners. Somn. Diii. 
 
 ^ Soney comes from the Saxon word Tona, foon ; ir^ 
 Putch, faen •, in Teutoiiick, fan ', fo^^^ sepcep, faoa after, 
 ' Somn.T)i6t. 
 
 • Remenaunte ; from the old French word Remenant ; 
 from thence came the French Remanent^ and from theucq 
 gur Englifh word Remnant. Cotg. Di6t. 
 
 PifchargQ
 
 Limited Monarchy. ^i 
 
 Di{bharge of that they beryn to the Sufle- 
 naunce of their old Prince ; and therfor would 
 right gladly helpyn luch a Subgett in his Re- 
 bellion. And alio luch an Enterprife ys the 
 more fefable , whan fuch a Rebell hath more 
 RichefTe than his Soveryng Lord. For the 
 people woU goo with hym, that bed may fu- 
 fleyne and reward them. This manner of do- 
 yng hath byn fo ofte pradyfyd, * almofl in * ^'J^ 
 every Realme, that their Cronycles ben full of Laud. 
 ytt. In the Realme of Fraunce was never 
 chaunge of their Kyng, fythen it was firft in- 
 habityd by Frenche Men , but by the Rebel- 
 lions of liich mighty Subgetts ; as Hildericm 
 Kyng oi Fraunce^ delcendid of Clodone^ which 
 was firft ^ Criflen Kyng of Fraunce y was put 
 downe by T^yfyne Son of Carolus MarceUuSy 
 which was the moft mighty Subgett, that un- 
 to thes dayys was ever feen in the Realme of 
 Fraunce. And afterwards Charles, defcendyd 
 of Carolus Magnus , Sonne to the laid ^epyne 
 by nine or ten Generations, was put from the 
 
 ' Criflen in Saxon Is written thus , ITpyfrene, Chri- 
 ft'ian ; fo Epypene-polc, or , cpyj-cene-men, flgnify 
 Chriftian People ; EpyfUene-naman , a Chriflian Name. 
 From thence comes the Superlative EpijCenefr, Chrl- 
 Jliamjftmus ^ moft Chriftian. So npij"ren-&ome fignifies 
 Chriftianity^ or Chriftendome. Somn. Sax. Di(S, 
 
 Kyng.
 
 62 . 0/" Absolute and 
 
 Kyngdome o{ Fraunce by Hugh Capites Son 
 to Hugh Magnus § Erie of Tarys^ which than 
 
 was 
 
 * Erk^ is a Saxon word, and was aTitle of Nobility a- 
 tnong the Saxons ; and in that Language 'tis wrote €opl , 
 Which fignifies an Earl^ Duke^ Conful^ or Nobleman. Camb- 
 den feems to think this is a Danilh word, and came from 
 the old Danes ; the Ground of which Conjefture, I fup- 
 pofe, was, that the old Danes had the word J*'^^ which 
 among.4hem fignified ^ Bdsro;?. But Eopl, is a word as 
 ancient as any in the Saxon Tongue, and to be found in 
 the Laws of our fir ft: Saxon Kings. It was a great Title 
 among the Saxon Peers , and is the moft ancient of any 
 of the Titles of the prefent Englilh Nobility, there being 
 no other Title of Honour , now among the Englifh , 
 Which was ufed among the Saxons , except that of Earl. 
 From thence 6opl-&ome, or Earldome., lignify'd a Pro- 
 •Dtnce., or County ; as alfo it fignified the Office, Duty, 
 and Jurifdiftion of the Earl. 
 
 The Titles of Honour in the beginning of the Saxon 
 Times, were thofe of j^jpehn^, ealbopman, and The- 
 ^en i JLtheling^ Ealdorrnan., and T'hegen., or Thane. JE- 
 theling fignifyM noble., famous ; rendered in Latin Hiftori- 
 ans, by Clfio, from the Greek xAv-ts?, inclytus , and was 
 generally applied to the Prince, the King's Sons, or the 
 foremoil in the Royal Line. Mtheling comes from the 
 Saxon word ^)>el, which lignifies nobilis., or noble. The 
 words Ealdorrnan and T'hegen.^ flood for other the Nobili- 
 ty and Peers of the Kingdom ; but afterwards Thegen., or 
 I'hane., came to be diftinguilh'd by the 'thani majores, and 
 the Tifani minores ; the former were equivalent to our 
 Peers, and the latter to our Baronets, Knights, &c. Now 
 in the latter Ages of the Saxons, this word Ealdorrnan 
 grew out of ufe ; and when it did fo , the word 6opl 
 came into its Place , which was applied to the felf fame 
 Perfons as Ealdorrnan was. It is certain , that 6opl was 
 ufed in K. Atheljlane'i time, and Selden thinks that fome- 
 
 times
 
 Limited Monarchy. 6^ 
 
 was the mightiefl Subgett of Fraunce , and 
 therfor creatyd and callid ^ux Francia. And 
 
 in 
 
 times Eorl flood for the fame as Mtheling^ becaufe in the 
 Laws of K. Mthelflane^ Eorl is ranked with an Archbi- 
 fhop. And in the Laws of K. Canutus^ Mtheling^ is join- " 
 cd with an Archbifhop, and Ealdorman with a Bifhop. 
 Now for thofe Ealdormen which were ranked with Bi- 
 fhops in the Saxon Laws, and in the old Latin Tranfla- 
 tions called Aldermanni ; they were fuch as had Counties, 
 or other Territories under their Government, and had the 
 fame Power and Jurifdidion as the Eorl had afterwards. 
 
 The word Ealdorman fignifies literally no more than El- 
 der^ or Senator ; but it fignified among the Saxons, a Dukcy 
 an Earl ^ a Nobleman^ a Petty-Vice-Roy ^ aConful; nay 
 fometimes it flood for a Prince^ and fometimes is ren- 
 der'd by Regulus and Subregulus ; and they were fo called 
 not becaufe of their Age, for fome were young Perfons ; 
 but becaufe they were, aliis natn graduve majores^ and not 
 as Roger Hoveden fays, propter fapientiam ; in Englilh /^/^^r- 
 wan, in Dutch €>ut>2nnan, 
 
 I find this word Ealdorman fometimes to fignify a GV- 
 neral^ and to be exprefs'd by the Saxon word Jjejic-ro^a, 
 i. e. Dux^ or General of an Army ; from Pepe, Exercitus^ 
 an Army, and To^a, Dux , DiiBor ; and fo word for 
 word, is a header of an Army. And fo is the Exprefiion 
 in a Saxon Charter to the Church of IVorceJler ; Alfhere is 
 called, by Ofiuald Archbifhop of Canterbury y CTQepcna 
 JJepe-CO^a, Ealdorman of Mer eland. So Hengtji and 
 Horfa in the Saxon Annals , are called J^epe-tJo^an, Ge^ 
 nerals., OT Leaders of Armies. This Title oi Heretoga was 
 given to the Ealdormen., in relation to their military Pow- 
 er , as they were Duces in the mofl ancient and proper 
 fenfe ; and the Title of Ealdorman denoted their Civil 
 Dignity, in fuch fenfe as Senator .^ Seigneur .^ or Senior has 
 done through many Ages. 
 
 And therefore the word Alderman came afterwards to 
 
 be
 
 6'4 (^f Absolute and 
 
 in our days , we have feen a Subgett of the 
 Frenche Kyng in fiich Myght, that he hath 
 
 be ufed for a "Judge. JEtheljlanns Dux EftangUie , Alder- 
 mannus dkitur ; which, fays Spelman^ among the Saxons, 
 fignified Jujliciarius. Ailvj'm the fourth Son of the fame 
 Mthelflane^ was call'd, under the Reign of King Edgar^ 
 Aldermannus totius AngUa^ i. e. Juftic'tarius totlus Anglia. 
 And unlefs this be the fame great Officer, that in the latter 
 Ages was called Chief Jujlice o/England, Spelrnan confelfes 
 he is at a Lofs ; and I believe every body elfe too. For 'tis 
 plain, thefe Aldermen were well read and verfed in the Laws 
 V oi England^ and were Judges ; and therefore there is no 
 reafon to doubt, but x}^\i Aldermannus Angli<e^ executed the 
 fame Office the Chief Juftice of England does now , tho' 
 perhaps his Power might be fomewhat greater, in fome 
 Particulars. ' 
 
 But this Name Eorle was once of fo great Dignity, that 
 in an original Charter from WiUiam the Conqueror to 
 the Abbot of St. Edmondshury , the Conqueror is fliled , 
 King of England, and Copl opeji Nopmanbie, render'd 
 in Latin, Princeps Normannorum ; and in the fame Char- 
 ter, Odo Comes Cantia^ is render'd .6opl opep Tenr, in 
 which fenfe ilorle was ever ufed afterwards. . 
 
 And to thefe Earls were committed the Cuftody of 
 Counties in the Saxon times, as at this Day to High She- 
 riffs-, by which Name I find them called in K.AihelJlane's 
 Saxon Laws, where we find hch-'^epepap, or High-ge- 
 reves^ i. e. High-Sheriffs, fuch as had the Charge and Care 
 of Counties. So that it feems the Sheriffs in thofe days-, 
 were not always Deputies of the Earls, as my Lord Coke 
 fays, and infers from the Latin word Vicecomes, but indeed 
 it's plain they vyerc theh the Earls themfelres. 
 
 Now as Eorl, among the Saxons, fignified one of the 
 higheft Rank , fo Eeopl fignified one of the lowed , a 
 Ruflick, or Clown, from whence comes our Englilh word 
 Churl. LL. Edgar. Pol. f. LL. Canut. Pol; 17. LL. 
 iEthelft. Lamb. p. sf. 
 
 gyvyn
 
 Limited Monarchy. 6'5 
 
 gyvyn Battel to the fame Kyng, and put him 
 to Flight, and afterward beiegid hym in 'Par'ife 
 his gretteft ^ Cy te , and lb kepte hym ther ^ 
 
 unto 
 
 * Cy/^, this is a French word, and in all Probability has 
 crept into our Tongue lince the Conqueft ; for before, in 
 the time of the Saxons, there was no Town whatfoever, 
 tho' never fo great or populous, that was call'd by this 
 Name ; but all Cities and great Towns were called by 
 the Name of Bup5, or Bypi^, i.e. Burg ^ or Borough ; 
 and even the great Gity o?^ London was called by the Name 
 of Bup^, or Borough. Nay in Charters long iince the 
 Conqueft, the word C/?y is ufed promifcuoufly with 
 Burgh ; as you may fee in Dr. Brady\ Treatife of Burgs. 
 In the Charter of the Town of Leicejier, you. will find 
 Leicefier is called Civitas, and Burgus too ; which (hews 
 that my Lord CoX-^'s Obfervation, that every City is, or 
 was, aBifhop's See, is not very exaft ; for Leuefter which 
 is called there a City, never had a Bifhop ; nor had Glou^ 
 ccjler at that time any Bifliop, tho' it is called a City in 
 Domefday-book. 
 
 In the firft Charter granted to the City of London^ by 
 ^William the Conqueror, which is in the Saxon Tongue^ 
 and was obtained by William Bifliop of London^ there is 
 no word that lignifies City^ but the Inhabitants of that Ci- 
 ty, are there called Buph-papu, i, e. Burghers^ Burgejfes^ 
 or word for word , Inhabitants of the Borough ; and the 
 Lord Mayor is there called Pop^;;;pe]!^a, i.e. Port-Reeve. 
 In the Saxon Chronicle, in the Saxon Laws, and through'- 
 out venerable Bede , wherever we meet with the City of 
 London, we find it called LunOen-bupgh, and Lun&en- 
 t'yP'S? i- ^' London-borough^, or London-to-wn ; but no 
 where called the City of London. So, Romana Buph , 
 lignTfied the City of Rome ; Eanrpapa Bypi^, the City of 
 
 Canterbury, which was anciently called, picej" }2eapo& 
 '. - F Buph,
 
 5$ 0/" Absolute and 
 
 unto the time his faid Kyng had made iuch 
 End , with him , his Adherents and Fautours, 
 as he defired. We have alfo feen in our 
 Realme, fum of the Kyngs Subgetts geVyn 
 hym Batell , by occafyoun , that their Ly ve- 
 lood and Offices were the gretteft of the 
 Lond ; and els they would, nor could haVe 
 done fo. The Erlys of Lycejire , and of 
 Glouceftre, which than war the gretteft Lords 
 of England^ rofe ageyn theyr Kyng Herry 
 
 Buph , the Capital^ or Head City cf the Kingdom. So the 
 Bifhop of the City^ in Saxon , is exprefs'd by Bupg-bi- 
 tceop, Bipop of the Borough. 
 
 It is true we find , in the modern Saxon , the 
 "frord CeafUep , Ceajler, which is rendered City ; from 
 "Whence the Terminations of the Names of fo many 
 Towns in England., in cafter and chejler., have their Ori- 
 -gitial ; as IVinton-ceaJler^ IVinchefler ; Exo/i-ceajler., Exe- 
 ter ; Dorfet-cea/ler, Dorchejier. But Somner., Verftegan^ and 
 ill others who well underftood the Saxon Language, are 
 of Opinion, and with good reafon, that this was no ori- 
 ginal Saxon word, but borrow'd from the Latin word Ca- 
 firum^ fignifying ^Caftle., or Fortrefs ., the Places whofe 
 Names have fuch Terminations, having had Caftles or 
 Fortrejfes built by the Romans., before our Saxon Anceftors 
 came into Britain ; and the proper Saxon word for a For- 
 trefs, or ftrong Place, is Buph, Bup^h, or Bypi^, 
 How changed into Borow, Bury., Bery ., and fuch like, 
 from beop^ian , munire , to defend. It feems moft pro- 
 bable that the Diftin(9ion between a City and Borough^ 
 arofe firfl: from a Borough's being made a County of it felf, 
 by Charter, as moft Cities are. Som. Sax. Di6i. Dr. Bra- 
 dy of Burgs ., i^. Homily St, Gregory., Eljlob. 34. 
 
 the
 
 Limited Monarchy. 6j 
 
 the Thirde , and toke hym and his Son Pri- 
 ibners in the Feld. Whiche maaer of De- 
 meanyng, the Kyng of ScotU that laft^dyyd, 
 dredyng to be pracfiyfyd in his Lond, put out 
 pf the lame Lond, the Erles T)owglas, whofe 
 Lyvelood and Myght was nerehand equiva? 
 lent to his owne , movyd therto by non 
 other Caufe , lave only drede of his Rebel- 
 lion. The Cronycles of every Realme , and 
 in elpeeyall of Sfayne and "Denmarke, be full 
 of liich Enfamples. And (b be alio the Boks 
 o^Kyngs in Holy Scripture ; wherfore yt ne- 
 dyth not to write more herein. And alio it 
 may not be efchewyd, but that the grete 
 Lords of the Lond, by reafbn alfb of new 
 Dilcents fallyng unto them, by reafbn alio of 
 Maryags , Purchafys , and other Tytles, Ichal 
 often tymes growe to be gretter than thay be 
 now, and perayenture lum of them, to be 
 of Lyvelood and Power like a Kyng ; which 
 fchal be right good for the Land, while thay 
 alpyre to non hyer Ailate. For luch was 
 the Cafe of a great Duke , that warryd with 
 the Kyng of S^ayne , one of the myghtyeft 
 Kyngs in Cryftendome, in his own Reahne ; 
 but this ys writyn only to the entent , that 
 it be wel underltaund, hou neceflary it ys, 
 that the Kyng have grete PofTelTions, and 
 
 F 1 peculiar
 
 6^ 0/" Absolute and 
 
 peculiar Lyvelood, for his own Sevvertie ; 
 namely, whan any of his Lords fchal hap- 
 pyn to be (6 exceflively grete , as ther myght 
 therby growe Perell to his Aftate. For cer- 
 teynly, ther may no gretter Perill growe to 
 a Prince , than to have a Subgett equipolenc 
 to himfclf 
 
 Chap,
 
 Limited Monarchy. 69 
 
 C H A p. X. 
 
 HoH that the Crown may be bejl 
 endowed. 
 
 No W that the hkcnels of the Kyngs 
 chargs Ordynarye and Extraordyna- 
 rye be fchewyd , and over that hou 
 neceffarye it is, that he have grete Lyveloods 
 above the lame chargs, in the whiche hit ne- 
 dith, that he excede gretely every Man of his 
 Land, which Lyveloode undoubtyd he harh 
 not at this day ; yt is therfor behoveflil that 
 we now ferche hou the Kyng may have fuch 
 Lyvelood ; but firft, of what Comodytys it 
 may bed be takyn. The Kyng of Fraunce^ 
 Ibmetyme might not dilpend of his ^ Dcmaynys* 
 
 as 
 
 * This comes fFom the old French word Dema'me^ now 
 out of ufc, which has the fame Signification as Domame^ 
 which was ufed after the word Dema'me , and lignifies 
 an Inheritance^ or Patrimony^ whereof a Man is abfolute 
 J^ord and Proprietor ; in Italian Domaino. Therefore 
 the PofTeffions of the Crown, are call'd Qom'mica Coro- 
 na Regis ; fo in France ^ Demaine , or Pomame dn Roy , 
 lignifies the Kin£s Inheritance ; and in this Sen,fc of the; 
 ^NOx^i Demaine^ are comprehended all the Parts of a Man- 
 nor, as well the Rents and Services, as what we now 
 <;aU t)\QD.eme<Vis, §0 aXidcnt Demefn L<ands^ lignifies fucf> 
 
 F 3 Maanou
 
 ^o 0/" Absolute and 
 
 as in Lordfchippis, and other Patrymonye pecu- 
 lier , fb mich as might than the Kyng of En- 
 glond ; which may well appere , by that the 
 ^ Qvvene of Fraunce hath but Fy ve Thoufan4 
 
 Marks 
 
 Mattnors as were In the Pofleflion of King Edward the Con- 
 feflbr, or WiUiam the Conqueror, being the fole Property, 
 and abfolute Dominion of thofe Kings, and thereby diftin- 
 guifli'd from fuch Mannors as were only held of the 
 Grown ; and therefore in Domefday-Book , the Valfals of 
 Edward the Confeflbr, in the Borough of Thetford^ were 
 called, Homines qui erant ita dominici Regis Edwardi^ ut 
 non foffent ejfe homines cujujlibet fine licentta Regis. In the 
 fame Book we read in Com. Devon. Quod Rex Edwardus 
 habuit in Dominio, Burgum de Barnjlapk. From hence, 
 no doubt, comes our Law Exprefiion, Demefns of a Man- 
 nor, becaufe a Man may more properly be faid to be abfo- 
 lute Lord of the Demefns^ or have Dominion in that which 
 he referyes and keeps in his own FoiTcirion, than of that 
 which is let out to Tenants, and may continue in their 
 Pofleflion for Ages, paying a fmall Acknowledgment on- 
 ly for it. Now this word Demefns , moft plainly , comes 
 from the old French word Demaine before remember'd, 
 and not from de manu^ of the hand., as my Lord Coke fays, 
 which feems to be a forc'd Derivation ; for both the 
 ^ords Demaine and Domaine^ come from the Latin Domi- 
 nium., which is the true Original of all thefe words. Nicot. 
 ' Cotgr. Spelm.GloJf. 
 
 ^ This is a Saxon word wrote in that Language with 
 fw, thus, Epen, Queen. This word originally fignified 
 a Woman , but afterwards it came to fignify a Wife., as, 
 Sarah the Wife of Abraham , was called Abjiahamej"- 
 cpen. The Franks had Kuninpmia, a Queen., from 
 their Kunm^, i^i^g\ but the Saxons having no Feminine 
 to their Eymn^, or King., they exprefs it by Epen, 
 which being put abfolutely, flood for the Kin^s Wife., and 
 
 after-
 
 Limited Monarchy. 71 
 
 Marks yerely to hyr Dower, wher as the 
 Qwene of England hath Ten Thouland Marks, 
 For in thoos dayys ther was but litil more of 
 the Realn^e of Fraunce in the Kyngs hands , 
 but that parte which is caUid the He of 
 Fraunce, For al the Remenaunt of the Realme, 
 as Burgoyne , Normandy e , Guyane , Chants 
 fayne , Languedok , and F launders , with ma- 
 ny other luch grete Lordichippis wer then in/)^^,, 
 the hands of * c T>ufeperys , and other VnncisP'^'-^ 
 ^d gret Lords. For which Caufe the f ^ Ga- of the 
 
 beiif^^^^' 
 
 L/auci. 
 
 afterwards came to fignify Queen Confirt^ Queen Regent^ Vfav!^ * 
 and fometimes Queen Dowager. In ancient Danifh, it is ^ ' 
 Kona. Hpen in later times came to fignify a IVhore ^ 
 from whence comes our Englifh word Quean , in a Ca- 
 tachreftical way of fpeaking. Epen-hyjib, in Saxon 
 fignifies an Eunuch.^ i. e. a Keeper, or one fit to have the 
 Cuftody of Wives and Ladies. Somn.Did. H-ckef. Dif, 
 fert. ^1. Nicot. Did. 
 
 ' Dufeperys ; two words made one, and fignifies Dukes 
 and Peers., from the French, words Dues t^ Pairs, For 
 Pair in French is a Peer., and Pairs de France., are Peers 
 ef France. Originally, m France., there were but twelve- 
 Peers, fix Spiritual and fix Temporal, and fame of them 
 were called Dukes. Nicot. Cotgr, 
 
 4 Gabel., is a French word, and comes from the French 
 Gabelle^ in Latin GaheUa., or GabeUum., and fignifies a Tri^ 
 bute., oxTax. When Gabel was fpoken of generally with- 
 out any Addition, it fignify'd the Gabely or Tax of Salt, 
 propter Excellentiam., but afterwards it was applied to aU 
 pther Taxes, as, Gabell^ def Draps.^ GabeUe des Fins., &cv 
 '^ohanms Akbas.haHdun. in Specuh Hijloric, MS^ //'/', 2, c. 71, 
 
 F 4 ^eUs
 
 72 0/" Absolute and 
 
 ^Qtiar^ bell of the Sake, and the :j: ^ Quaterymes of 
 jD^^b. the Wynys, war granted to the Kyng, by the 
 (Imte- three 
 
 Laud. tells us how this Tax was received by the People ; he fays, 
 £» ce meCm an^ i. e. 1342, mift le Roi une exadtan au fel, 
 laquelle eft appellee Gabelle, dont le Rot aquijl rindignatioH 
 y Malgrace tant des grans ^ comme des petits^ ^ de tout le 
 pcuple. M.o\\\\Q\ir Menage gives a great many Etymologies 
 of this word, but at laft agrees that Grcvius is in the right, 
 who fays it has a German or Saxon Original ; fo fays Sel- 
 den^ Somner^ and Du Cange. It comes from the Saxon 
 I/apel, which is aTrib-^te^ or T'ax^ as in Luke 20. 22. 
 Yf hic pihu "f OQan ))am Eaj-epe trajpol rylle > 
 
 Is it juft that Men pay 'tribute to Casfar ? 
 
 From hence comes our Law word Gavelkind^ and not 
 from the fanciful Etymology of ^ip-eal-cyn, giije aU in 
 kind. The true Meaning oi Gavelkind is, Land, in its Na- 
 ture, fubje6l to Tribute.^ or Taxes ; from Dapol, or Dapel, 
 a Tax, Gavelkind is the fame as the Saxon traiiel-lanb, 
 and that, the fame as Irapol-lanb, which fignifics Land 
 liable to Tribute^ or Tax. In feeder e Aluredi Cif Guthr. R. 
 
 , R. cap. 2. buran^£em ceople J)e on Daj^ol-lanJ) fir j 
 
 i, e. prater rujiicum qui in terra cenfa manet ; except the 
 Countryman.^ or Churle^ who Jits in taxable hand ; and is 
 fo called, plainly to diftinguifh Gavelkind from Land 
 held by Knights Service, from which , and all the Slave- 
 ries thereto incident, it was free , by the Payment of this 
 Cafol., or Tribute. 
 
 The. Import of Salt was firft begun by Vhilip the Lmgy 
 which was .2 d. in the Pound, after whom Philip de Valois 
 4oablcd it, and Charles VII. rais'd it unto 6 d. and that 
 was doubled by Levj'ts XL fince whofe time it has been 
 alter'd, and is now altogether uncertain; fo tha^the^«o/<Jl 
 of this Tax is conflantly riling and falling, at the Will 
 and Pleafure of the Prince. Cotgr. Somn. Did. Du Frefn 
 Clojf. Monf. Menage Origen. Franc. 
 
 • This comes from the old French word Quatriefme ^ 
 
 a fourtlj,
 
 Limited Monarchy. 73 
 
 three Eftats of Fraimce, which was, nor is no 
 lity I Subfydye. For ther is no Man in Fraunce 
 that may eate Sake , but if he bye it of the 
 Kyng ; and that is now iett to fb grete Price, 
 that the Bulhcll which the Kyng byyth for 
 iij d. or iv d. is fould to his People for ij s, 
 and other whiHs for more. And the fourth 
 Pype of the Wynys that be made in Fraunce^ 
 may be no litill thyng ; fythen the Fillyng of 
 ,the Wynys ys the gretteft Comodite of the 
 Realme ; but that Comodite we have not in 
 this Land. Wherefore ther is no parte of thoos 
 maner of Subfydeys that might be good for 
 owr Soveryng Lord , but if it war , that he 
 might fell to his Subgetts the Sake that co- 
 myth hether. Yn which thyng he fchall have 
 more * ^ Grutch of the People, than Profyte. * Groch- 
 For in Fraunce^ the People lalten but iitill-|^|^^ 
 meate , except their Bacon , and therfor they 
 would bye lityl Salt ; but yet they be artyd 
 to bye more Sake than they would. For the 
 Kyngs Officers bryng to their Houlys every 
 
 a fourth Part, and fignified a 'Tax on Wine^ which was the 
 fo.nrth Penny^ for all Wines retailed ; an Impofition firft 
 raifed by Charles V. and continued by fome of his Succef- 
 fors. That it was only on Wines rcrail'd, appears by this 
 French Saying, Cela efi de fon cru^ il n'en doit point le 
 Quatriefme. Cotgr. NicotDid. 
 
 * Grutch^ is from the old French Verb gru^er^ to reppe^ 
 to r/iHtter^ 
 
 yere.
 
 74 ^f Absolute md 
 
 yere, as moch Sake as by their Conje6hire ys 
 reafbnable , to the nombre of the Men, Wo- 
 men , and Children that dvvellyn theryn , for 
 which they ichal pay though they wold not 
 have fo myche. This Rule and Order wold 
 be fore abhorred in England, as well by the 
 + ^ beth Merchaunts that be f wontyd to have their 
 Laud! Freedome in byyng and fellyng of Sake, as 
 by the People that ufen mich to fake their 
 Meats more than do the French Men ; by oc- 
 cafyon wherof thay wol than at every Meale 
 grutche with the Kyng , that entreatith them 
 more rigoroully than his Progenitours have 
 done. And fo his Highnels fchal have ther-» 
 of, but as had the Man that s fcheryd his 
 Hogge, moche Crye and no ^ JVull. In 
 Flanders and other Lordfcippis of the Duke 
 of Burgqyne downward , he taketh certeyn 
 Impoficions made by* hymfelf upon every Oxe, 
 every Schepe, and up®n other thyngs Ibuld, 
 
 « This is wrote after the Saxon manner, and cornea 
 from the Saxon Verb, yceappan, to clip or pear ; fo 
 ^chepCj from the Saxon Sceap, Sheep. Scapeia Infula apud 
 Cantianos.^ i.e. Infula Ovium^ the IJle of Sheapy ., or of 
 Sheep^ is in Saxon called Sceap-i^e, in Leland^^ Ovinia, 
 Somn. Did. 
 
 *■ This is the Saxon word for Wool.^ and is wrote thus^ 
 fuUe J from thence coiiiQs the Saxoiji |'ullen, in pn-. 
 glilh, WQoH^n. 
 
 ^4
 
 Limited Monarchy. ^5 
 
 and alfo upon every VefTel of Wyne , every 
 Barell of Beer, and other Vytayls fbuld in his 
 Lordfchip , which is no litiil Revenue to hym 
 yerely ; but yet he doth it, » magfe the Peo- 
 ple , which God defend that the Kyng our So- 
 veryng Lord fchuld do upon his People, with- 
 out their Graunts and Aflents. Neverthelefs « 
 with their AfTents, luch maner of Subfydye, 
 if ther could not be found a better Meane of 
 the encreafing of the Kyngs Revenuz, were 
 not unrealbnable. For theryn , and yn the 
 Gable of Salt, every Man Ichal here the 
 charge therin equally. But yet I would not, 
 that luch a new Cuflome and Charge were put 
 upon the People, in our Soveryng Lords 
 dayes , with which his Progenitors chargyd 
 them never, if a better and more convenient 
 way could be found. Kyng Salamon chargid 
 his People with gretter Impoficions, than thay 
 were wontyd to , before his days. And be- 
 caule his Son, Kyng Roboham^ would not eafe 
 «■ ■ 
 
 S Magre^ from the old French word maugre^ or maul- ^ 
 
 gre^ now malgre , and fignifies the fame as mal-grace^ dif- 
 favour^ or iU-vjiU \ from mal^ which fignifies evil:, and 
 gre^ fignifying luiU. This word gre comes from the Ita- 
 lian grado^ and grado comes from the Latin gratum^ z\ 
 when they fay mal grado , which is the fame as malgre in 
 French/' Monf. Menage Orig. Franc. ^ If ah 
 
 them
 
 l6 0/" Absolute and 
 
 them thereofT, the tenne Parts of the People, 
 devydyd into twelve Parts , departed from 
 him , and chofe them a new Kyng , and came 
 never after that time under his Subjedion, 
 Of which Departyng God faid himfelf after- 
 ward, ^ me fa^fum eft iftud. Which is an 
 Example, that it is not good for a Kyng to 
 over-fore charge his People. Wherfore me- 
 thynkith, that if the Kyng might have his 
 Lyvelood for the Suflenaunce of his Aftate, 
 in grete Lordlcippis , Manors , Fee Fermys , 
 and fuch other Demaynys, (his People not 
 chargyd) he fchuld kepe to him ^ holy, their 
 Hearts, and excede in Lordfchipps, al the 
 Lords of his Realme ; and then Ichuld non of 
 tham growe to be hke unto hym ; which 
 thyng is moft to be fearyd of all the World. 
 For than within few Yers , ther fchuld not re- 
 mayne Lordfchips in his Realme, by which 
 they might growe fb grete, nor that thay 
 might growe fbch by Maryages, but if the 
 Kyng would it. For to hym fallyn al the I 
 
 * i, e, wholly ; and fo hole is ufed by our Author, for 
 vjhok. X^oyv this plainly comes from the Saxon word 
 hal, which fignifies falvus, integer^ whole^ or found. In 
 Dutch l)Cel, fcal \y ))U, falvus fis^ God fave you. It is , 
 from this word hal, that the Saxon word hahg comes, 
 which fignifies upright.^ or holy., which is form'd by turn- 
 ing the Sa,xon 5 into;', Somn, D\^. Sax. 
 
 grctQ
 
 Limited Monarchy. 77 
 
 gr6te Maryages of his Land, which he may 
 diipofe as hym lyfte. And by Dyfcente ther 
 ys not likQ to fall gretter Heritage to any No- 
 bleman, than to the Kyng. For to hym byn 
 Cofyns , the mod , and the grettefl Lords of 
 the Realme. And by Efchetes, ther may nor 
 lb mich Land fall to any Man as to the Kyng, 
 becaule that no Man hath fo many Tenaunts 
 ^s he ; aud alio no Man may have the E- 
 fchetes of Treafon but hymfelf, and by Pur- 
 chale. Yf this be done , ther Ichall no Man 
 fo well encreaie his Lyvelood as the Kyng* 
 For ther fchal none of his Tenaunts alien 
 Lyvelood without his Licenfe, wherein than 
 he may beft prefarr hymlelf Nor ther Ichal 
 no Lyvelood be kepte fo hole as the Kyngs, 
 confyderyng that he may * not for his Honor, *mfo- 
 fell his Lond, as other men may do ; and al- T^^^' 
 fo his fellyng would be the hurt of all hys 
 Realme. Such was the lellyng of ^ Chirk, 
 
 and 
 
 * This word comes from the Saxon Eypic, or Cypc, 
 a Temple^ or Church. In the Northern Dialefl it is Kyrk 
 to this day, by pronouncing the C as a X ; which way of 
 writing is more agreeable both to Antiquity, and to the 
 original Derivation of the word ; for the Greek Upjilon is 
 always, in Latin and Englifh, turn'd into T^ but not into 
 £7, which is made of the Dipthong » ; as in Urania^ Eu- 
 hulus^ of 'Ov^vldy "'EvQaX'^. And therefore the Southern 
 People of England have, but awkardly, chang'd Cyrch^ or 
 
 Chyrch
 
 ^8 0/* Absolute and 
 
 and Chirks Lond , whereof never Man fawe a 
 Prefydent, and God defend, that any Man fee 
 mo Inch hereafter. For fellyng of a Kyngis 
 Ly velood , ys properly callyd Dilapidation of 
 his Crowne, and therfor it is of grete Infa- 
 mye. Now we have found undoubtydly, what 
 , maner of Revenuz , is befte for the Endow- 
 ment of the Crowne. But fytbea it ys faid 
 before , that the Kyng hath not at this Day 
 fufficyent therto , it is moft convenyent that 
 we now ferche, hou his Highnefs may have 
 lufiicyent of fiich Revenuz, which we may 
 now fynd to be befle therfore. 
 
 Chyrch Into Church; and the Northern might, according to 
 that Rule, as well isy Kurk for Kyrk, which would be ve- 
 ry unnatural : and tho' our Author ufes this word very of- 
 ten in this Book, yet 'tis no where wrote with a U. There 
 are feveral Compounds of this word ; as, Cypic-eal&oji, 
 fignifies a Church-lVarden^ or Church-Elder ; EyjUC-f ceau. 
 Church Scott , or a Tribute , and Payment made to the 
 Church, and not Churchfeed^ or Firjl Fruits , as Lar/ibar4 
 erroneoufly renders it. Somn. Sax, Di^. 
 
 1 
 
 ^m^'- 
 
 CHAft
 
 Limited Monarchy. 79 
 
 Chap. XL 
 
 Hereafter is fchevpyd^ vphat of the, 
 Kyngs Lyvelood gevyn away ^ 
 maji hejl he tah^n agejne. 
 
 THE Holy Patriarke Jofefh, while he, 
 under ^haroo the Kyng, governyd the 
 Lend of Egtfte, rulid and {o intreatid 
 the People thereof, that thay grauntyd to 
 pay, and payyd to the fame Kyng , the fifth 
 Part of their Graynys, and of all other thyngs 
 that growyd to them yerely of the ^ Erthe ; 
 which Charge they beren yet, and ever fchal 
 here. Wherthorough , their Prince , which 
 now is the * ^ Sowdan of Babylone, is one of* Sodett^ 
 the mighty eft Princis of the World ; and that £^|^ ^ 
 notwithftondyng the fame Egyfcians ar the Laud. 
 
 * This comes from the Saxon Gop^, Earth; €op^* 
 aepple, fignifies a Cncumber^ or Earth-apple. Gop'Slm^j 
 is a Husbandman^ or Earthling. Somn. Di£l. 
 
 ^ This word Sowdan^ comes from the old French word 
 Soudan., which is the fame as the French Souldan., or 
 Soldan , and comes from the word Sultan.^ which in the 
 Hebrew is Shultan , Dominus , a King , or Sovereign. So 
 that by Sowdan here, is meant Sultan. Nicot. Di6t. 
 
 richeft
 
 8o 0/ Absolute and 
 
 richeft Comons that ly vyn under any Prince ; 
 whereby, we be lernyd that it fchal not only 
 i. e. be good to our Prince, but alfo to our * felf, 
 '^^^' that he be well endowyd, for elfe the Patri- 
 arke would not have made fuch a Treatye. 
 The French Kyng , in one thyng , that is to 
 fay, in Wyne, takyth more of his People than 
 doth the Sowdan ; for he takyth the fourth 
 ^ Penny therof , but yet he takyth nothyng 
 
 of 
 
 *■ Penny ; the Saxons had but one fort of Silver Coin 
 Current among them, which they call'd Penning , Pen- 
 1^15 5 or Penig , from whence our word Penny comes ; 
 in barbarous Latin it was called Penningusy which was 
 equal in Weight to our Silver Coin, call'd a T'hreepencey 
 fome of which Saxon Pence I have feen. Five of thefe 
 
 ' Pence^ or Penn'mgi^ made among them, acnne Scylhn^, 
 in barbarous Latin, ScyU'mgus^ a Scylling^ or Shilling ; and 
 thirty of thefe Penningi^ made a CQancuf, in Latin, Man- 
 cufa^ or a Mark. So fays JElfrick the Archbilhop ; Fip 
 Penejaj- ^emacia^ £enne Scyllin^. "3 J>pit:ri5 Pene- 
 ^aj* senne ClQancuf . Five Pence , or Penningi , make a 
 Shilling., and thirty VQmnYi^]., make a yi^ncViS. Therefore, 
 as one Saxon Penny was of the Weight of Threepence ; 
 fo one ScyUing of theirs, confifting of five Pennings^ 
 amounted to fifteen of our Pence, and fo exceeded our 
 Shilling by a fourth Part, or three Pence. The Mancus 
 alfo, which contained thirty of the Saxon Pennings, con- 
 tained ninety of our Pence , and was of the Weight of 
 
 . three of our Half-Cro-wns. Now this Mancus was of the 
 fame Value with the Saxon Mark, and was ufed to fig- 
 nify the fame as a Mark, which afterwards came to be of 
 different and greater Values, as Silver came to be cheap- 
 er : But the golden Mancus, or Mark of Gold, was of 
 
 ten
 
 Limited Monarchy. 8i 
 
 o£ their Graynys, WoIIs, or of any other 
 
 t Goods that growith to them of their t G^de^ 
 
 ■' Lond.^^'"'- 
 
 ten times the Value of the fiWer Mancus ^ according to 
 the Value that Gold exceeded Silver among the Greeks 
 and Romans. 
 
 Of Brafs Money there was a Half Penny among the Sa- 
 xons, called l^elplm^, as appears in Marefc. Evang. 12. 
 Luke 6. Ne becypa'S hi pip Speappan Co jJelplin^e ? 
 Are not five Sparrows fold for a Hel fling, or two Farthings ? 
 So alfo the fourth Part of a Saxon Penny ^ quadrans 
 Penn'tngt^ was called Feop'iShn^, and from thence comes 
 our word Farthing. And fo is Mat. f. i6. xp j>u a^ybe 
 ]>one yremej-ran Feop'Shn^, e'er thou fayejl the utmojl 
 Farthing. There was alfo in ufe among the Saxons a 
 Brafs Coin , which was current with them , and was 
 call'd Scyca , Styca., which was of the Value of half a 
 Farthing , four of them making a Helfling ; fome of 
 which I have feen. This appears from Mar. 12. 42. ]>a 
 com an eapm pu6upe. ^ peapp rpe^en 8rycaf. J 
 IX peop^un^ Penin^ef j And there came a certain poor 
 Widow ^ and put in two Styca's, that is the fourth Part of a 
 Penny. 
 
 The Mercian Saxons fometimes reckoned by a fort of 
 
 Money called Sceaca, which comes from the Saxon 
 
 Seear, and fignifies afmaU Part., or Proportion. Each of 
 
 thefe Sceats^ or fmall Parts of Money, was equal to four 
 
 Saxon Farthings, and f of a Farthing ; fo that five Sceats 
 
 made fix Pence. This appears by Te'xtus Roffenf. fol. 38. 
 
 I Ceoplej- pep-^ylb ip CC. Scylhn^. De^enep pep- 
 
 ^yb ip pix ppa OQicel. "f by'S xu. hunbpeb Scillm^. 
 
 ©onne by'S cynm^ep anpealb pep-^yb pix Jje^e- 
 
 lia pep-'5ylb be 0;)ypcnala5e ^ ip xxx. })upen£) 6cea- 
 
 t;^. ^ bi'S eallep Cxx. Pun&a. The Husbandman, or 
 
 Yeaman's Weregild, [i. e. Eftimatio, vel Pretium capitis, 
 
 G the
 
 82 Of Absolute and 
 
 Lend. The Kyng our Soveryng Lord had, 
 by tymes, fythen he reynyd upon us, Lyve- 
 
 lood 
 
 the Price of a Man Jlai»^'] is 200 s. 7'he Thaln'j Were- 
 glld is fix timei as much^ that is, 1200 s. Then the King^s 
 jingle Weregild contains fix Thain-Weregllds, according to 
 the Mcrcenlaga , or Mercian Law, that is to fay, 3000O 
 Sceats, vjhich in the whole amounts to 1 20 Pounds Saxon. 
 
 There was another fort of Money which the Saxons 
 computed by, called a Dpimra, which was of the Value 
 of four Saxon Pennings. Lambard fays, Thrlwfa comes 
 from 'Speo 5 three , and was of the Value of 3 s. But 
 Dr. Hickes and Dr. Brady feem to have hit the Truth 
 much better, when they fay, that it comes from T'remiffis, 
 which, in the ancient Laws of the Germans, lignified the 
 third Part of a Shilling. For as of the Roman Pound , 
 \yhich confided of twelve Ounces, the third Part was cal- 
 led Triens , containing four Ounces in Weight ; fo 7r^- 
 mijfis, which among the Germans , was the Sum of 4 d. 
 was the third Part of an old German Shilling, which con- 
 iifted of 3 Tremtffis's, or 12^. 
 
 There was another fpecies of Money among the Saxons ; 
 but whether it was Coin, or only a Denomination of Mo- 
 ney, by which they reckon'd, is not certain. It was call'd 
 among the Saxons, Opa, from the Saxon word Ope, 
 which fignifies Metal, and was brought into ufe in this 
 Kingdom by the Danes. 'Tis call'd in barbarous Latin, 
 JEreus, which was the eighth Part of an Iflandick Mark; 
 fo fays Olaus Verel. in vet. Sueo-Gothic. Indice ; l^urt ejl 
 oiiava Pars Marca. So Gudmtind. Andr. in his Lexico 
 Jjlandico, ;^o?k, Marca fonderis continet 0^0 JLreos. Now 
 a Mark of pure Silver, among them, weighed eight 
 Ounces, and this Ora, five ALreus argenteus, weighed one 
 Ounce only, tho* in Taxations, among the Iflandicks, it 
 went for more ; and fo in Weight and Value was equal 
 to twenty Saxon Penningi, i. e. fixty of our Pence, which 
 is a Crown. So Somner fays, that Ora fignified the fame 
 
 as
 
 Limited Monarchy. 83 
 
 lood in ^ Lordfchippis, Lands, Tenements and 
 Rents, nerehand to the Value of the fifth Part 
 
 as an Ounce, but was of two forts, the greater and lefTef > 
 Ora ; the leffer was but fixteen Pence, the greater, twen- 
 ty Pence Saxon. 
 
 Now to reduce this Matter of the Saxon Coin, into a 
 narrow Compaft^ and to give a full View of it at once ; 
 confider, that two Stica's made a Farthing^ two Farthings 
 iftade a Helflmg^ and two Helflings made a Saxon Penny ^' 
 which is equal to three Pence Englifli Money ; two Hall' 
 fi'»gs, one Stica^ and f of a Stica^ or nine Stica^s and ^- 
 of a Stica^ which was four Farthings^ and f of a Farthing 
 Saxon , made the Saxon Sceat, which is in Englilh Mo- 
 ney three Pence Half Penny and f of a Farthing. Four 
 Saxon Pennings made a Thrimfa^ which is twelve Pence 
 Eiiglifli Money, and five Pennings made a Saxon ScyUing^ 
 equal to fifteen Pence Englifh. Again, twenty Pennings . 
 made an Ora^ which is equal to our Crown Piece ; and ^ 
 thirty Pennings , which were equal to twenty five Sceatiy * 
 made a Mancus, or Mark^ then of the Value only of fix 
 Saxon ScyHings^ making feven Shillings and fix Pence En- 
 glifh. Ten Mancus''s^ or Marks^ made fixty ScyUings, and 
 fixty Scyllings made a Pound Saxon , which was of the 
 Weight of feventy five of our Shillings, amounting to three 
 Pound fifteen Shillings. So that fifteen Ounces of Sil- 
 ver went to make their Pound. Hickef. Thef. Dijfert^ - 
 Ffiji' 109, no. 
 
 <l Lordfchippis I this is a Saxon word, and is wrote 
 thus,- Wapop&fcipe^ Wapopb, fignifies Lor^, andfome- 
 time Leige Lord^ or King. King Canutus is fo called in 
 Chron. Saxon. 1014. And as J^lapopb, fignifies DominuSy 
 Lord^ or King ; fo the Feminine Gender, Pl£ep£)ia, figni- 
 fies Domina , Lady., or Queen. As for the word Scipe, 
 which fignifies Z)o«7/»?W, Jurifdi^ion ., ov Authority ., fee 
 before. Somn. Dia. Hickef. Thef Dijfert. Epijl. See the 
 Preface. 
 
 G z of
 
 84. 0/^ Absolute and 
 
 of his Realme , above the PofTefllons of the 
 
 Chirche, by which Lyvelood, if it had abydyn 
 
 Ityl in his Hands , he had byn more myghty 
 
 of good Revenuz , than any of the faid two 
 
 Kyngs, or any Kyng that now reynith upon 
 
 Criften Men. But this was not poflible to 
 
 have be done. For to lumm parte th^rof, the 
 
 Heyrs of them that fumtyme ^ owyd it, be re- 
 
 TYah^^^ rtoryd ; fiimm by realbn of ^ * Taylys, fumm 
 
 Laud, hy realbn of other Ty ties , which the Kyng 
 
 hath confyderyd and thought them good and 
 
 realbnable. And lumm of the lame Lyvelood, 
 
 hys good Grace hath gy vyne, to luch as hath 
 
 fervyd hym {o notably, that as their Re^ 
 
 nbwne wol be eternal, lb it e befatt the Kyngs 
 
 Magnify cence, to make their Rewards, ever- 
 
 lafting in ther Heyrs, to his Honor, and ther 
 
 <^ i e, avjn^d it^ from the Saxon Verb a^an, to own, or 
 P»ffefs , and that from agen, proprium , bis mm. Somn. 
 
 Dia. 
 
 ^ Tnylys^ from the French TaiUe ^ which here fignifies 
 "Enta'tles^ by reafon of which, fome of thofe Eftates were 
 in fuch a manner h'mited, as would not give the King any 
 right of Forfeiture , tho' the Owner was convid of the 
 higheft Offences. ■ • 
 
 g Befatt^ i. e. did befit^ from the Saxon word, bepiC- 
 ran, which undoubtedly was a Verb among the Saxons , 
 fignifying decere^ to become. And according to the 5axon 
 Formation, bef icran, in the PreterimperfeftTenfe, muft 
 make bepaC. Saxon Gram. p. 5-4. Sot/m. Di6i. 
 
 perpetual
 
 Limited Monarchy. 85^ 
 
 perpetual Memorye. And alfb the Kyng hath 
 gevyn part of his Lyvelood , to his mod ho- 
 norable Brethren , which not only have fervid 
 him in the manner aforelaid , but byn alfo ia 
 nigh in Blode to his Highnels, that yt befatt 
 not his Masnifycence to have done * other-* ^}^* 
 wife. ' Neverthelels fbm Men have done hymLaud. 
 Service, for whiche vt is-reafonable that his 
 Grace had rewardyd them ; and for lack of 
 Money, the Kyng than rewardyd them with 
 Land. And to Ibme Men he hath done yn 
 likewife , above their Demerits , thorowe Im- 
 portunytye of their Sewts. And it is fuppo- 
 fyd, that to f fiirn of them is gevyn C^. worth f that 
 Land yerely, that would .have hold hym con-^^^ |{^^ 
 tent with CC^. in Money, if thay might h^YQgoun^ 
 had it in Hand. Wherfor,, it is thought, yf ^^ ' 
 luch Gyftys, and namely tlioos whiche have 
 ben made inconfyderately, or above -the Me- 
 ryts of them that have them, ware reformyd; 
 and thay rewardyd with Money , or Oilics , 
 or fomewhat Lyvelood for Term of Life , ^ 
 
 which after their Dcths, would than reairne 
 to the Crowne ; the Kyng fchuld have luch 
 Lyvelood as we now ieke for, iufficyent for 
 the Maintenaunce of his Allate. And if it « 
 
 would not than be fo grete, I hould it for 
 undoubtyd, that the People of his Lond, woi 
 
 G 3 be
 
 S6 0/" Absolute and 
 
 be willyng to graunt hym a Subfidye, upon 
 fiich Commodites of hys Realme, as be before 
 - ipecyfyd, as fchal accompliih that which fchal 
 lack hym of luch Lyvelood. So that hys 
 Highnefs woll eltablilh the fame Lyvelood 
 than remaynyng » to abyde perpetually to his 
 Crownc, withoute tranflating thereof to any 
 other Ule, For elle , whan that fchal happyn 
 hereafter to be gevyn away, hytt fchal nede 
 that hys Commons be chargyd with a Newe 
 Subfydye, and be alway kepte in Povertie, 
 
 ^i-Z, 
 
 Chap.
 
 Limited Moistarchy. 87 
 
 Chap. XII. 
 
 Hereafter js fchewjd^ y^hat Harme 
 l^ould come to Englond, if the 
 Commons thereof vpere Tore. \ 
 
 SOME Men have faid, that it war good 
 for the Kyng, that the Comons of Eng-- 
 lond wer made poer, as be the Comons 
 of Fraunce. For than , thay would not re- 
 bell as now thay done often tymes ; which 
 the Comons of Fraunce do not, nor may do 5 
 for thay have no Wepon, nor Armor, nor 
 Good to bye it withall. To thees maner of 
 Men , may be faid with the Philofbphcr , Ad 
 farva rejpkientes^ de factli enunciant ; that 
 is to fay, thay that {een fewe thyngs, woU 
 ibne fay their Advyfe. a Forfothe thoos folkys 
 
 cooiy- 
 
 • This word is pure Saxon , and is wrote thus F'^P" 
 fo^j certainly^ truly. Sometimes 'tis made two words^ 
 as, pop f 0^51 then it fignifies word for word, for irutf.'>y 
 for certainty , or in truth ; the Saxon word jo^ fignify-^ 
 ing truth. From hence, Charity in this Language is cal* 
 led jo^-lop, footh Lwe ^ in Englilh true Lme. So - 
 yo^e-ya^a, fothe-faga, in Saxon, Hands for a Hifiory^ be- 
 caufe all Hiftories. ibouJd be true, tho' they are not ; it ai- 
 
 G4 ^'^
 
 88 0/" Absolute and 
 
 confyderyn litil the Good of the Reakne of 
 England , wherof the Might moft ftondyth 
 upon Archers , which be no rich Men. And 
 if thay were made porer than they be , they 
 Ichuld not have wherewith to bye them Bowys, 
 Arrowes, ^ Jakkes, or any other Armor of 
 
 Defence, 
 
 fo fignifies true Sayings^ or Dlvlmttom^ and from thence 
 comes our ^n^\\^ Soothfayer^ ox Fortune -T'etter. From 
 ro^, truth ^ comes the Saxon Adverb fo^-lice, truly ^ or 
 %'erily ; lice or lie in Saxon making in Englifh ly. Somn. 
 Saxon Di6l. 
 
 ^ Jakkes^ comes from the old French word Jaque^ Ja^ 
 quette^ or Jaquedemaille. Jaque^ in old French, fignity'4 
 a Habit^ or Garment ufed in War, which was (luff'd with 
 Cotton, in the falhion of a Waftecoat. But afterwards 
 it was made of fmall Links of Iron , call'd in French 
 MaiUes defer ^ like a Coat of Mail, or what in French is 
 called Haubergeon ; and therefore it was they put the Ad- 
 dition, de MaiUe^ calling it Jaque^ or Chemife de MmUe. 
 This fort of Habit was in thofe times worn alfo on all 
 common Occafions, and ufually made of Cloth, and 
 StuiF; and from thence they anciently call'd it 2ijaque^ 
 and in modern times, ajacquette. Pontanus fays, the 
 French had this word from the German 31act), which has 
 the fame Signification ; but Monfieur Menage fays it 
 comes from the Englifh, and not from the German, but 
 borrow'd from us ; the word Jacke in old Englifli, fignii^- 
 ing Coat Armor ^ or a Coat of Mail. Du Gang fays, a Jacke 
 is a fort of Military Cloak, or Veftment ufed in War, to 
 put over their Coats of Mail. Walfingham in his Life of 
 Richard II. />. 239. fays , Accefi ah ore ejufdem 'Johantiis 
 Philpot^ quod mi He LoricaSy vet 'Tunicas^ quas vulgo Jackes 
 vocanty redemerit de manibus creditorum. Et p. 249. Acceptum 
 quoddam vejlimentum pretiojijfimumy Ducis Lancajiriay quale 
 
 Jacke
 
 Limited Monarchy. S^ 
 
 Defence, whereby thay might be able to fe- , 
 iyfte our Ennymyes, whan thay hfle to come 
 upon us , which thay may do on every fyde, 
 
 Jacke mcamus. In Latin it is Lorlca , being originally 
 made of Leather, but afterwards of Iron, called a Coat of 
 Mail. Now McuUe is a French word, and has divers 
 ^Significations ; anciently it fignified a Piece of French 
 Money, called a Half-penny ., formed, Du Cang thinks, 
 from the word metaUum ; but the Sieur de Cleracy in his 
 Treatife des jincietis Pads tsf Monnoies de Guyepifte,- f^ys, it 
 comes from the old French word Mai/kj which fignify'd 
 a fquare Figure^ or the fquare Hole of a Net ; and this is 
 the true Etymology. So fays P. Labbe in his Etymologies 
 Franfotfes^ \Les MaHies, en Monnoye ont ete dites.^ d^autant 
 qu'eUes n'etoient pas plus grandes qu'ttn petit trou de filet^ ox 
 ^u'nne hoiicle de Cottes de Maille ; from hence comes the 
 French MaiUe de Rets j the Spots , Or Squares in a Net^ 
 Now from this Maille de Rets^ comes MakUe de Hauber-^ 
 geon^ a Coat of Mail .^ OT the Spots or Squares in a Coat: of 
 Mail., in the fame Signification as the Spots or Squares in 
 Nets, bfecaufeof the Refemblance of the Links, or Joints, 
 of a Coat of Mail, with the Macula., the Spots or Squares 
 ^ a Net. Hence is the French- Proverb, MaiUe a Maille 
 en fait les Haubergeons ; Link after JLink., the Coat is made 
 at length,. 
 
 There is alfo the ancient French word Mail., but that 
 fignified heretofore a Mallet., but now i^ no where in ufe| 
 but to fignifie a Play, called he jeu de Mail., and (lands 
 for ihQ Mail J or round KiAg of Iron, which they ufe at thq 
 Play of the Mail, or Mall. And from hence you have 
 the word Pal-mail., or Pall-mall., derived from Palla^ 
 which is the Ball with which they play, and the w^ord 
 Mail. For the Play of the Mall comes, fays P. Labbe ^, 
 from Maille., i, e. a round Ring of Iron, through wliich 
 ^he Ball is to pals j froj?i thence it is fuppofcd our Pall 
 Mall in St. JamesH Park has its Name Dh Frefn. Glojf,. 
 Menage Orig. Franc, 
 
 Qonfy-^
 
 90 0/^ Absolute and 
 
 confydering that we be an Ileland ; and as it 
 ys faid before , we may not have fone Socors 
 off any other Realme. Wherfbr we Ichuld 
 be a Pray to al other Ennymyes , but if we 
 be mighty of our felf , which Might ftondith 
 moft upon our poer Archers ; and therfor thay 
 nedyn, not only to have fuch Abilyments as 
 now is Ipoken of, but alio thay nedyn to be 
 « mich exercyfyd in fchotyng, which may not 
 be done without right grete Expenfys ; as 
 every Man experte theryn knowyth right well. 
 Wherfor the makyng poer of the Comons, 
 which is the makyng poer of our Archers , 
 fchuld be the Diftrudion of the gretteft Might 
 of our Realme. Item , If poer Men may not 
 lightly ryfe, as is the Opynyoun of thoes Men, 
 which for that caufe would have the Comons 
 poer ; hou than, if a mighty Man made a 
 Ryfyng, fchuld he be repreffyd ; whan all the 
 Comons be fb poer, that after fiich Opynyoun 
 thay may not fyght , and by that realbn not 
 help the Kyng with fyghtyng ? And why 
 makyth the Kyng, the Coriamons to be every 
 
 < This comes from the Saxon word micel, fuuch^ 
 great. In Chaucer^ it is mikell^ mokell ; in Danifh mtbil, 
 in Scotch mukel. The Saxon micelic, fignifies magnifi- 
 (ent^ mble^ fumptuous ; CTQicelncf je is Creatttefs^ Largenefs^ 
 Nobleness. Somn. Sax. Dia. 
 
 YerQ
 
 Limited Monarchy. 51 
 
 Yere mufteryd ; fythen it was good thay had no 
 ^ Hamds, nor wer able to fyght ? O hou unwife 
 is the Opynyoun of thees Men ; for it may not 
 be mantenyd by any Reafon ! Item, whan any 
 Ryfyng hath byn made in this Land , before 
 
 d Harnefs^ fignifies Arms', the old French word. is Har- 
 nois , in Italian Arnefe, and in the barbarous Latin it is 
 Harnefium, or Harnafcha. Some of the Italians^ as Ca- 
 flehetro and others, would have Arneje come from thQ 
 Latin ornare, or Ornamentum ; Others , Arnefe^ quafi Ar- 
 r/tefe ; but Du Cang fays, in vain do they feek a Latin or 
 Greek Derivation, and is of Opinion with Monfieur Me^ 
 ftage , that this comes from the German word ^arnifcl), 
 I^arnafcljj or 2l^rniCcl), which properly iignifies all warlike In- 
 ftruments ; a.nd Harms in Flemiih iignifies y^rwj, and from 
 thence our old Englifli words Harnijh and Hamefs come. 
 From hence you have the old French ExprelTion, Harna- 
 fcher un cheval^ which was properly fpoken of a Horfe of 
 War, when he was to be enclofed in Armour, and ma- 
 naged. Gauterius Cancellarius de Bellis Atttioch. p. 45-4. 
 Hac inter difcrlmina, conventus noftri Harnefii, cum totius 
 exercitus Suppelle^ili^ in quodam monte prope exiftente fe lo- 
 cavit. Statut. 2. Rob. I. Reg. Scotiae cap. 27. Quilibet paratus 
 Jit cumA^iliis Ss'Harnefiis, i!J'c. It is Hernafium^ accord- 
 ing to ^o^^r//o'D?^.?», p. 725-. miffus ab eo cum Hernafioy«9 
 in Angliam. Matthew Paris ha^ Hernejium, in Fit. Abbat. 
 S. A/ban ^ p. 98. And fometimes we Meet with harniza- 
 tus^ armed^ from the Engliih hamiped. Monaft. Angl. 
 Tom. 3. Part 2. p. 85". Duo baculi harnifati cum borillo. 
 The old Danifh word is l^arnesfeia, and in its original 
 Meaning, Dr. Hickes fays, it might fignify in a more re- 
 ftrain'd fenfe. Armour for the Head only, Armatura Cra- 
 mi y which in Gothick is ©jVlRNS 5 in old Danifh 
 i^iatne;, in old French ///V». Hick ef. Gram. Franc. ThaO' 
 ^fca. DuFrefn GloflT. Menage Origen. Franc. . 
 
 thees
 
 $2 0/" Absolute and 
 
 thees dayys by Comons, the pored Men there- 
 of, hath byn the gretteft Caufars and Doars 
 theryn. And thryfty Men have ben loth ther- 
 toi for Drede of lofyng of their Goods, but 
 yet often tymes thay have gone with them 
 * ^ana- thorough * Manafys , or els the fame poer 
 Laud! Men would have takyn their Goods ; wherin 
 it ferny th that Povertye, hath byn the hole 
 and chef!e Caufe of al fuch Ryfyng. The 
 poer Man hath ben flyryd therto , by occa- 
 lyon of his Povertye, for to get Good ; and 
 the riche Men have gone with them , becaule 
 thay wold not be poer, by lelyng of their 
 Goods. What than would fal , if al the Co- 
 mons were poer ? Truly it is like, that this 
 Land than, fchuld be hke unto the Land of 
 yBoeme^ f ^ Beame , wher the Comons for Povertye 
 Laud, rofe upon the Nobles, and made al their Goods 
 to be comon. Item, It is the Kyngs Honor, 
 . and alfb his Office, to make his Realme riche ; 
 and yt ys Difhonor whan he hath a poer 
 Realme , of which Men woU fay , that he 
 reygnyth upon Beggars; yet, it war mych 
 gretter Dyfhonour, if he fownd his Realme 
 riche, and than made it poer. And alfb it 
 
 e Beam^ i. e, Bohemia^ from the old French word 
 Bohem. 
 
 were
 
 Limited Monarchy. 93 
 
 were gretely ^ ayenfte his Confyence , that 
 awght to defend them, and their Goods, if 
 he toke from them their Goods, without law- 
 full Caule ; from the Infamye whereof God 
 defend our Kyng, and gyve him Grace to aug- 
 ment his Realme in RycejfTe, Welth, and Pro- 
 Iperyte, to his perpetual Lawde and Honour. 
 Item^ The Realme of Fraunce gevyth never 
 frely of their own good Will, any Subfydye 
 to their Prynce , becaufe the Comons therof 
 be fb poer, as thay may not gyve any thyng 
 of their own Goods. And the Kyng ther, 
 askyth never Subfydye of his Nobles, for 
 drede that if he chargyd them ib, thay would 
 confedre with the Comons, and peraventure 
 putt hym downe ; But our Comons be riche , 
 and therfor thay gave to their Kyng , at fum 
 tymys * § Quinfunes and Difmes, and often *^*>'**. 
 
 J J ^- ' femes zna 
 
 * tyniyS Dyamesy 
 
 Digb. 
 
 Qutn- 
 
 f This is after the manner of the Saxons , and comes-^i^'!d ^"" 
 from the Saxon word a^en, and turnnig the g mto y it Laud, 
 is ayen^ and from thence, ayenji^ that is, againft, Somn, 
 Did. 
 
 g Quinjime , from the French quinjleme^ a fifteenth^ in. 
 our Records called quinta decima. This was a Tax grant- 
 ed by Parliament in the i8* Year of Edvjard I. which ' 
 was a fifteenth Part of all moveable Goods. The Title 
 of the Account-Roll Is, Compotus quintce-decima Regi^ An. 
 18. per Archiepifcopos^ Epifcopos^ Abbates^ Prior es, Comites^^ 
 Baroftes^ ^ omnes alios de Regm^ de omnibus bonis fuis nto- 
 
 bilibus
 
 54 0/" Absolute and 
 
 tymys other grete Subfydyes , as he hath 
 * for Y nede of their Goods for * the Defence of his 
 
 Gode and 
 
 h'Uihus concejfa. The City of London this Year paid for 
 their fifteenth , 2860/. 13 j. % d. Many compounded or 
 fined for this fifteenth, is did the Abbot of St. Edmonds 
 this Year for 6661. i^ j. 4 ^. and thereupon , had his Dif- 
 charge of the fifteenth of all his temporal Goods, and the 
 Goods of his Convent, and his Villains, and the Men of 
 the Wh6le Town of St. Edmonds., faving the King's fif- 
 teenth of the Goods of all other free Tenants of the faid 
 Abbot and Convent. In the 22^ and 23^ of £^. I. there 
 was a tenth granted, of all temporal Goods, and a Moi-^ 
 ety of the Benefices and Goods of the Clergy. In 34 
 Ed. I. a thirtieth Part, of all temporal Goods wras grant- 
 ed in Parliament, for the Prelates, and great Lords, and 
 the whole Commonalty of the Kingdom, and a twenti- 
 eth Part of the Goods of all the Cities, Burghs and King's 
 Demeans. 
 
 The ancient way of colle61ing thefe fort of Taxes was 
 thus ; There were two chief AfTeirors appointed by the 
 King , in every County, who appointed twelve in eve- 
 ry Hundred, to rate every Man's perfonal Eftate accord- 
 ing to the true Value ; and theil (o levy a thirtieth or 
 fifteenth part of it , as it was granted by Parliament ; 
 and thefe AfTefTors appointed alfo in every City and Bo- 
 rough, and Town of the King's Demeans, fuch, and as 
 many as they thought fit, to enquire into every Man's 
 perfonal Eftate there , in order to have them affelTed , 
 and the Tax levied in the fame manner as in the Coun- 
 ties. In the 8th Year o^ Edward III. upon Complaint by 
 the Parliament, that the AfiTeflbrs and Collectors did, by 
 Bribes, vary from their former Aireflments of the tenth 
 and fifteenth , Commiflloners were fent into all the feve- 
 ral Counties to agree and compound them ; and thereup- 
 on the tenth and fifteenth were then firft of all fixed aild 
 fettled, what every Town and County was in particular 
 to pay for the fame. Dr. Brady ofBmgs., p. 26, 27, 39. 
 
 Kealme
 
 Limited Monarchy. 95 
 
 Realme. How grete a Subfydye was it, whan 
 this Realme gave to their Kyng, a ] Quin- i Qffyft- 
 fime and ^ Difme QuinquinaU, and the lyi'^^l Oyeme 
 Flees of their Wolls , and the ix^h SchefT of W»f«^- 
 their Graynys, for the Terme of five YerS.Digb. 
 This might thay not have done, if thay had£^^^* 
 ben empoveryihyd by their Kyng, as the Qo-fimequm. 
 liions of Fraunce ; nor fuch a Graunte hath f^^^^l'^' 
 byn made by any Realme of Criftyndome, of 
 which any Cronycle makyth mention. Nor 
 non other Realme » may, or hath Caufe to do 
 ^o. For thay have not fb mich Fredome in 
 their own Goods , nor be entreatyd by fb fa- 
 vourable Lawys as we be , except a fewe Re- 
 gyons before Ipecyfyed. Item, Wee fee day- 
 ly, hou Men that have loft their Goods, and 
 
 ^ Difme QuinquinaU^ fignified a tenth of aU Goods for 
 jive Tears together ; difrne^ from the old French defiefme^ 
 and quinquinaU^ from the Latin quinquennalis ^ quod fit 
 quinto quoquo anno. Perhaps our Author here might ufe 
 this word in allufion to the French word quinquennelle^ 
 which fignifies a T'erm of five Tears , which a Debtor did 
 fometimes prevail on his Creditors, by reafon of his Po- 
 verty, to give him for Payment of his Debts ; which we 
 call a Letter of Licenfe. 'From thence comes the French 
 Expreflion, faire quinquennelle., to become a bankrupt. Th» 
 French have alfo Quinquennon^ which is a Protedion \ 
 granted, or Refpite given, by the King to a Debtor, who i 
 makes good Proof of fome great Lofs or Calamity, hap- i 
 pening fince the Debt contraded. Nicot, Cotgr, 
 
 i i, e. can. 
 
 be
 
 ;^6 ;0/^ Absolute and 
 
 be fallya into Povertie, becomya anon Rob- 
 bers and Thefes, which would not have be 
 fuch, yf Povertie had not brought them there- 
 to. How many a Thefe than wer hke to be 
 in this Land, if al the Comons were poer. 
 The gretteft Sewertie truly, and alio the mofl 
 Honour that may come to the Kyng is, that 
 his Reabne be riche in every Aflate ; for no- 
 thyng may make his People to arife , but 
 \ Godcy lacke of X Goods , or lacke of Juflyce. But 
 Laud. yg|. certeynly whan thay lack Goods thay 
 will arile , fayyng thay lack Juftyce. Never- 
 thelefs if thay be not poer, thay will never 
 aryle, ^ but if their Prince fo leve Juftice, that 
 he gyve hymfelf al to Tyrannye. 
 
 X bfftif^ fignifies unlefi^ except, vid. ante. 
 
 Chap.
 
 Limited Monarchy. 57 
 
 Chap. XIIL 
 
 Onelj lacJ^ of Harte^ and Cowar- 
 dife, kepyn the Frenchemen from 
 
 POvertie onely is not the Caufe, why the 
 Comons of Fraunce rife not ageyn their 
 Soveryng Lord ; for there were never 
 People in that Lond more pore, then wer in 
 our Tyme , the Comons of the Cuntrey of 
 * Caux^ which was almoft deferte for lack of 
 ^ Ty liars ; aS yt now Wei apperith > by the 
 new Husbondrye that ys done ther ; namely, 
 in grobbyng, and ftockyng of Trees, Bullies, 
 and Grovys growyn, while we wer ther. 
 Lords of the Countrey. And yet the forelaid 
 Comons of Caux made a marvelous grete Ry*- 
 {yng , and toke our Townys , Caftells , and 
 
 a Caux is a Province in Normandy in France^ of which 
 Diep is the chief Town ; in Latin it is called Caletenjis 
 ager. Ccefar calls the Inhabitants Caletes ; and in French 
 they are called Cauchois. Nicot. 
 
 b Tillars^ comes from the Saxon Verb tilian, labor are^ 
 to take pains ^ to toil ; from thence comes Uiha, or 
 Cop'S-tJiha, a Husbandman ^ a Labourer , or "Toiler in the 
 Earth. Somn. Did. 
 
 H FotrefTes,
 
 ^8 0/" Absolute and 
 
 Fortrefles , and fclewe our Captayns and Sol- 
 diers, at luch a time, whan we bad but a fewd 
 Men of War lyyng in that Contrey ; which 
 provith that it is Cowardife and lack of Hartes 
 and Corage , that kepith the Frenchmen from 
 ryfyng, and not Povertye ; which Corage no 
 Frenche Man hath like to the Englifh Man. 
 It hath ben often leen in ^ England that iij^. 
 or iy^^. ^ Thefes, for Povertie, hath lett upon 
 Vij. or viij. ^ true Men, and robbyd them al. 
 But it hath not ben feen in Fraunce^ that vij. 
 or viij. Thefes, have ben hardy to robbe iij«^* 
 
 c England ; from the Saxon Gn^la-lanb, England^ fo 
 Called firft of all, as is commonly reputed, by Egbert^ the 
 ^rft fole and abfolute Monarch of the EngVtp , of which 
 the learned Prelate Bifhop Ujher takes notice, in his Briu 
 fann. Ecclef. Primordia, p. lo8. Now Engla-land, word 
 for word, fignifies the Land of Englijb Men, for the Sa- 
 jcon word Cngle, fignifies y^^glf^ EngUpmen. Somn* 
 Did. 
 
 ^ From the Saxon )>eop, a Thief-, the plural Number 
 Is ]?eopej-. This comes from the Verb Jeopian, to 
 thieve \ ]>eo)^a^5 fignifies Jiollen , or theived ; and from 
 thence comes the Saxon word, ))eop^e, and from thence 
 our Englifh word. Theft. Somn. Did. 
 
 « True Men^ i. e. hone/i and jujl Men ; it is a Saxon 
 word wrote thu$, tpeope, fidelis., jnfl and faithful : In 
 the Superlative it is tpeopeftJa, fldelijfimus^ woji true^ or 
 truefl ; in Dutch, trau\DC» This comes from the Saxon 
 Verb Cpeopian, juflificare ., to clear one^s Innocence, So 
 t^peop-leaj^e, fignifies a perfidious Man, faithlefs^ or truth- 
 lefs i in Teutonick, trotti»=loos» Somu, Did. 
 
 - or
 
 Limited Monarchy. 99 
 
 or ivcr. true Men. Wherfor it is right ^ feld, 
 that French Men be hangyd for Robberye, 
 for that thay have no Hertys to do fo ter- 
 ryble an Ad;e. There be therfor s mo Men 
 hangyd in Englond, in a Yere, for Robbe- 
 rye , and Manflaughter , than ther be hangid 
 in Fraunce ^ for luch Caufe of Crime in vij. 
 Yers. There is no Man hangyd in ^ Scot- 
 
 land 
 
 f right feUj i. e, very rare ; for r^l£>3 in the Saxon fig- 
 nifies rare, unufual, vid. ante. 
 
 g Mo, here (lands for the Saxon word ma, which fig- 
 'tCi&QSf lures, or more : Sometimes it fignifies magis, rather ; 
 f he ma ham-peap6 papan J)onne leng ))xp bibe ; 
 i. e. that he may rather go homeward, than abide long there. 
 Somn. Did. 
 
 > Seotland, is a Saxon word, and is wrote thus 6cor- 
 W& , and fometimes Scor;t;a-ealon5 , which fignifies 
 Ireland, as well as Scotland, and originally iignified /re- 
 land^ before it came to fignify Scotland. So ScoCt^a]", in 
 Saxon lignifies Irijh-men , as well as Scotch-men ; and 
 ScotJraf Leob, is Gens Hibernica, item Scotica, the Irip^, 
 or Scottip Nation. So the Latin Scotits in thofe days lig- 
 nified ah Injh-rAan, as well as a Scotch-man ; as the fa- 
 mous 'Johannes Erigena, was OLW^diyohannes Scotus, and 
 he was an Irijh-man, and not a Scotch-man. He was 
 born ill Ireland, but travelled into foreign Parts, to learn 
 the Eaftern Languages, and at lafl: went into France, from 
 whence he was invited as one of the Learned of the Age, 
 into England, by the great King Alfred, and in the Monafte- 
 ry ofMdlmsbury, met with the difmal Fate, of being ftabb'd 
 to Death with Pen-knives, by his own Scholars. 
 
 Now the Scots,_ 'tis fuppofed, took their Name a Scy-. 
 this , becaufe the. Scythians firft came into Ireland, and 
 
 H 2 made
 
 ICO 0/^ Absolute and 
 
 land in vij. Yers together , for Robbery e ; 
 
 and yet thay be often tymes hangyd for 
 
 * Larce- * » Lacenye , and Stelyng of Goods in the 
 
 0'^5 ig -Abfence of the Owner therof : But their 
 
 t hem^ Harts ferve f them not to take a Mannys 
 
 Goods , while he is prefent , and will defend 
 
 ii ; which maner of takyng is caUid Robbe- 
 
 rye. But the Englilch Men be of another 
 
 Corage ; for if he be poer , and fee another 
 
 Man havyng RychefTe, which may be takya 
 
 made a Conquefl: of that Kingdom, and afterwards inva- 
 ded Scotland^ and beat out the Inhabitants from thence, 
 and fetted themfclves there ; and fo the Scoti^ or Scythi, 
 becoming the Inhabitants of both Nations , Scotland an- 
 ciently came to fignify Ireland^ as well as Scotland : So 
 the word Scythia^ after that feveral Colonies from that 
 Place were planted in Ireland^ and after that in Scotland^ 
 in Procefs of time, by Corruption , as the moft learned 
 think, was turn'd into Scotia^ and fo gave the Name to 
 both Kingdoms. Now the Scythians got their Name 
 from the old Teutonick Verb (cftan ; in Saxon rceoran, 
 fagittare , to Jhoot , or cajl Darts ; from the wonderful 
 "Skill and Dexterity they had, beyond all Nations, of 
 throwing Darts. Somn. Ven. Bede^ lib. i. ca. I. lib. 2. 
 ca. ■^. Alfredi Magni Vita^ lib. 2. 99. 
 
 » Lacenye., for Larciny., from the old French word Laf 
 recine, in Latin Latrocinium, T'heft; and this comes from 
 the old French Verb larreciner., which is the fame with 
 larroner, to Jleal ; from whence comes Larroneau., a Pil- 
 ferer^ a little T'hief. From hence is our Law word Lar-" 
 ceny^ which fignifies Theft in general, and is .divided into 
 Grand and Petit Larceny; the firft is a Theft to the value 
 of 12^. and the laft under i^d. Nicot. 
 
 from
 
 Limited Monarchy. ioi 
 
 from him by Might, he wol not Ipare to do 
 fb , ^ but if, that poer Man be right true. 
 Wherfor , it is not Povdrtie , but it is lacke of 
 Harte and Cowardife, that kepyth the French 
 Men from ryfyng. 
 
 ^ hi if, I e. except. 
 
 Hj 
 
 Chap.
 
 I Of Absolute and . 
 
 Chap. XIV. 
 
 ' Hereafter is fchevpjd^ r^hy it ne- 
 . dith that ther he a Kefumpcion^ 
 and a Graunt of "J" Goods y made 
 to the Kyng. 
 
 THIS Serche which we now have made, 
 for to underftond hou harmefuU it 
 would be , to the Kyng , and to his 
 iReahne , if his Comons wer pocr, hath ben a 
 Digreffion from the mater in which we labor ; 
 that is to fay, for to underftond hou the Kyng 
 may beft have fufficient and perdurable Lyve- 
 lood, for the Suftentation of his Aftate. Wher- 
 for it behovyth that we now refbrt to the 
 Poynte in the which we left , which, as I re- 
 member, was this. We found by grete Cau- 
 fys , that yt was nedeftiU , that al fuch Gyfrs 
 as have ben made of the Kyngs Lyvelood in- 
 confideratcly, as not defervyd , or above the 
 Merites of them that hath getyn them, were 
 reformyd ; fo that they which have done Ser- 
 vice, be not onrevvardyd. Which thyng, as 
 me thynkith, may not perfitly be done, with- 
 out
 
 Limited Monarchy. 103 
 
 out a general Relumpcion, made by A<5te of 
 Parlement ; and that ther be gevyn to the 
 Kyng by the Audorite of the lame Parlement, 
 a grete Subfydye, with which his Hyghnels, 
 with the Advyfe of his Counceile, may re- 
 ward thoos that have delervyd Rewards ; and 
 aught not therfor to have part of his Reve- 
 nuz, by which his Aftate mud needs be mayn- 
 tcnyd ; or aught not to have {o moche of 
 the Revenuz, as thay have now, or not foo 
 grete Aftate in the lame ; confyderyng that 
 al iuch gevyng away of the Kyngs Lyvelood, 
 is harmfull to al his Lyegemen, which fchai 
 therbye , as is before Ichewyd , be artyd to a 
 new charge, for the Suftentation of his Aftate, 
 But yet, * or any liich Reliimpcion be made, 
 it fchal be good, that an * honorable and no- * J^- 
 table Conceile be eftablilchid, by the Advyfe%aud' 
 of which , al newe Gyftes and Rewards may 
 be ^ raoderid and made , as if no iuch Gyftes 
 or Rewards had been made before this time, 
 Providyd alway, that no Man be harmyd by 
 realbn of Iuch Relumpcion, in the Arrearages 
 of fuch Lyvelood as he fchal t than have , t >.^;=f, 
 
 a Or, this ftaivis for the Saxoa ^P> which, as I have " 
 i^ready mention'd, iignifies, befrre, ''ere. 
 
 b Moderid ; i. e. moderated., from the Fyench Verb wo-- 
 4^X£ry to. moderate ; r/:iO(iere\ moderafed.. 
 
 H 4 which
 
 I04 0/" Absolute and 
 
 * '■'»»^, • which fchuld * ^ j-on after the Refumpcion ," 
 and before the faid new Gyftes and Rewards. 
 And when liich a Conceil is fully create and 
 eftablifchid , hyt fchal be good that all Suppli- 
 cations which Ichal be made to the Kyng, for 
 any Gyft or Reward, be lent to the lame 
 Counceile, and ther debatyd and delibered ; 
 firft, whether the Suppliant have defervyd liich 
 Reward as he askyth : and if he have defer- 
 vyd ytt, yet it nedyth that it be deliberid, 
 
 *cRenne'^ from theGothick KIWNA.N5 r'mfian, cur- 
 rere^torun^ KAN^9 ^ai^^^<:ncurrit^he ran. Marc. 5-. 6. 
 and 13. In German, it is rinnati, to run ; in Danifli, 
 renue ; in Dutch , rennen. Among the Saxons xpnan, 
 or ypnan , is to run ; which by the Tranfpofition of a 
 Letter is pzenan, and the old Saxons ufed pinan, and 
 pynan, to run; and in the mod ancient Monuments 
 we find pyne, to fignify a Courfe for runnings and Ry- 
 nel, or Rynolj a Runner. But rinnan.^ among the Goths, 
 fignified to fimu ^ or run as Water does, as well as to 
 raw a Courfe. So among the Saxons , Ryne-petJaspa , 
 fignified a Watercourse .^ or Run of Water ; and fome- 
 times they ufed Ryne alone, to fignify a Water courfe. 
 From hence , Somner fays, came the Name of the River 
 Rhine in Germany^ fo called from its rapid Courfe, as he 
 thinks ; but "Junius fays it comes from the Saxon pein, 
 that fignifies fure^ from the Clearnefs of the Water; tho* 
 the Purity may be the Effed of the Rapidity ; for the 
 more rapid any River is, the more pure is the Stream. 
 From hence it is, I fuppofe, that in Somerfetjhire they call 
 the Streams and Rivulets between their Moors, which on 
 Floods rife high, Rhines to this Day. Somn. DiSi. Ma- 
 refcal. Evangel. Glojfar. Gothic. Spelm. Sax. Pfal. 1.2. 
 
 whethe?
 
 Limited Monarchy. 105 
 
 whether the Kyng may gyve luch Reward as 
 he askyth , of his Revenuz , lavyng to hym- 
 felf luffycyent for the Suftenaunce of hys A- 
 ftate ; or els luch gevyng war no Vertue, but 
 rather a Spice of Prodigalitie , and as for fb 
 mucji , it were delapydacion of his Crowne. 
 Wherfore no pryvate Perlbn wol, by realba 
 of Liberalite, or of Reward, to abate his own 
 Lyvelood, as he may not kepe luch Allate as 
 he dyd before. And truly it war better that 
 a pryvate Perfon lackyd his Reward which 
 he hath well defervyd , than that by his Re- 
 ward the Good Publike, and alfo the Lond 
 were hurte. Wherfor to ^ elchewe thees two 
 Harmds, hyt may than be advyfed by the 
 Counceilb, hou luch a Perlbn may be reward- 
 ed with Office, Money, Mariage, Fraunchife, 
 Privylege, or liich other thyng, of whiche 
 the Crowne hath grete RychelTe. And ve- 
 rely if this Order be kepte , the Kyng Ichal 
 not be grevyd by Importunyte of Sewtars, 
 
 d Efchew ; from the old French Verb efckever^ to pun^ 
 lend from ; efchev/, efchew'd, Jhufi'd^ benty or bovJ'dfrom ; 
 efcheu , befallen , hapfen'd ; efchevement^ jhunning , bend-^. 
 ing from. This probably comes from ex .^ and the 0I4 
 Francick fcufan ; in old Danifh, utfcufa ; in Saxon uC- 
 ^Cupan, detrudere., propulfare^ to Jhove off^ flave off^ or de-. 
 {tverfrom. Nicot, Somn. Did. 
 
 nor
 
 Of Absolute and 
 
 n6t thay fchal by Importunyte, or ^ Brochage, 
 optayne any unreafonable Defires. O what 
 
 Quyete 
 
 e Brochage ; this is fpokcn in Allufion to fuch Sums of 
 Money as are ufually given to a Broker in London^ for 
 the Sale of any Commodity. A Broker is an ancient 
 Trade in the City of London^ of many hundred Years 
 ftanding , and formerly they were Freemen , and ufed to 
 be chofen out of fome of the Companies there, and al-» 
 low'd and approv'd of, by the Lord Mayor and Aldermen, 
 for their Integrity and Ability, and ufed to take an Oath 
 to demean themfelves faithfully. 
 
 Their Bufinefs was, to go between Merchant and Mer-* 
 chant, or other Trader, and to make and conclude Bar- 
 gains between them , for the Sale of Commodities , and 
 for the Loan of Monies ; and this Trade was called Bro- 
 kerage, or Brokery. This was ever efteem'd an honeft 
 and fair Trade, and way of living ; and is very different 
 from that of the modern Bro^^r/, commonly calPd Pawn- 
 brokers , who afTume to themfelves the Name of Brokers, 
 tho' it does not belong to them. For a Pawn-broker, in 
 the Eye of the Law, is not efteemed an honeft or lawful 
 Trade, and is fo declared by KSi of Parliament, which 
 calls them counterfeit Brokers ; they being properly vrhat 
 the French call Fripiers, i. e. fuch as mend and trim up 
 old Garments to make fale thereof. In barbarous Latin, 
 Brocarixs is a Broker. Satut, Gildae Berwic. ca. 27. Sta* 
 tuimus quod Brocarii Jint eleSii per Communiam ViUa, qui 
 dahunt fingul'ts annis unum doltum vini. Brocarius, among 
 the Scots, according to Skene, (ignifies a Mediator, or In- 
 ^ercejfor, in any Tranfadion, Contrad, or Bargain ; and 
 this falls in with the Civil Law Term, which is Proxene- 
 ta, Pararius ; a Go-between, Mediator, or Preparer of 
 Contrafts and Sales. I am apt to think the Original of 
 this word is Saxoiii and that \t comes from the Verbi 
 bpeacan, to break, and from thence you haye hf^ocoty 
 ijvhich fl^nijfi.es a Bankrupt , or Trader broken i and that per- 
 
 ba|)Si
 
 Limited Monarchy. 107 
 
 Quyete Ichal growe to the Kyng by this Or- 
 der ! And in what reft fchal all his People lyve ; 
 havyng no Colour of grutchyng with fuch as ' 
 Ichal be aboute his Perfone , as thay were 
 wonte to have, for the gyvyng away of his 
 Lands, and for the Milcouncelyng of hym in 
 many other Caufis ; nor of Murmour ageyne 
 the Kynges Perfbn, for the Mylgovernyng of 
 his Realme ! For in this Counceile may be De- 
 termynyd, every Cafe of Deficulte , * or the ♦i.e. v^ 
 Kyng do any thyng therin. And the wife 
 Man faith, ubi mutt a Concilia, ibi Salus. And 
 truly luch a contynuall Counceile, may be well 
 caulyd, Mult a Concilia y for it ofte and every 
 day Councelyth. 
 
 haps may come from the Saxon bjioc, which fignffies 
 Misfortune^ OX Adverfity^ that being the general Reafon of 
 an hpneft Man's Breaking. And in all probability, this 
 Name Broker^ came from one who was a broken Trades- 
 man; for it isfiippofed, that none were admitted to be 
 JBrokersy but fuch as had been fair Traders, and had broke. 
 by Misfortune , and compounded with their Creditors ; 
 and that thereby (there being a fufficient Teftimony of 
 their Honefty) they would be the better qualify'd for fuch 
 Employment. Stat, i, Jac.l. 21. Dh Frefn, Soran. SaJr. 
 
 Chap.
 
 Of Absolute and 
 
 > 
 
 Chap. XV. 
 
 How the Kyngs Conceit, may he 
 hejl Chojyn and EJlahlyfchyd. 
 
 TH E Kyngs Comiceile was * « wont to 
 be chofyn of grete Princis, and of the 
 gretteft Lords both Spirituellis , and 
 Temporallis of the Reahne, and alfo of other 
 Men that wer in grete Audtorite , and Offices. 
 Which Lords and Officers, had nerehand as 
 many matters of their own , to be treatid in 
 the Counceile, as had the Kyng. Whertho- 
 row, whan thay came togeders, thay was lb 
 occupyyd with their own maters, and with the 
 maters of their ^ Kynne , Servaunts , and Te- 
 naunts, that thay intendyd but lityll, and 
 other while no thyng, to the Kyngs maters. 
 
 a Wont ; comes from the Saxon ^epunian, or punian, 
 ajfuefcere , to ufe, to accujiom , to be -wont. The Partici- 
 ple of that Verb is ^epunob, or puno&, wont, Somn, 
 Dia. 
 
 b Kynne^ from the Saxon Eynne, or Eyn, which fig- 
 nifies Genus,, Gens,, Progenies, Progeny, Kindred. Eyn- 
 pecenne, fignifies a Genealogy or Pedigree. Eyne-cyn, 
 lignifies Regalis, Royal, or word for word, the Kin of a 
 King. Somn. Diil. 
 
 i And
 
 Limited Monarchy. io^ 
 
 And alfo ther war but fewe maters of the 
 Kyngs, f but if the lame maters :(: towchid al- fie ex- 
 fb the laid Counceylors, their Cofyns, their x^^^J^^^^. 
 Servaunts, Tenaunts, or luch other as thay^^»» 
 owyd Favor unto. And what lowar Man was 
 than lytting in that Counceile, that durft lay 
 ageyn the Opynyoun of any of the grete 
 Lords. And might not than Men make, by 
 Meanys of Corrupcion, lum of the Servaunts 
 and Counceillours of Ibme of the Lords, to 
 move the Lords to ParcyaUte, and to make 
 them favourable and parcyal, as wer the fame 
 Servaunts, or the Parties that {o movyd them. 
 Than could no mater treatid in the Coun- 
 ceile be kepte Privy and Secrete. For the 
 Lords oftyn tymes tould to their Counceylours, 
 and Servaunts that had lewyd to them for 
 the maters , hou thay had Iped in them , and 
 who was ageyn them. Hou may the Kyng 
 be councelid , to rellrayne gevyng away of 
 his Lond, of gevyng of Offices, Corodyes, 
 or Pencions of Abbeys , by luch gret Lords , 
 to other Menys Servaunts , fythen they moll: 
 delyer fuch Gyfts for themleif, and their Ser- 
 vaunts. Which thyngs confyderyd, and alio 
 many other which Ichal be fchewyd hereaf- 
 ter ; hyt is thought good, that the Kyng had 
 a Counceile cholyn and ellablilchid in the 
 
 Fourmc
 
 110 0/" Absolute and 
 
 Fourmc that followith , or in fbme other 
 Fourme like thereunto. Firft, that ther wer 
 chofyn xij.Temporall Men, and xij. Spirituall 
 Men of the wifeft and bed difpofyd Men that 
 can be found in al the Parties of the Land ; 
 and that they be fworne to counceile the 
 the Kyng, after a Fourme to be devyfyd for 
 their Othe. And in efpecyali, that thay fchal 
 take no Fee , nor Clothyng , nor Rewarde of 
 any Man, excepte only of the Kyng ; hke as 
 the Juflices of the Kyngs Benche , and of the 
 Common Place be iworne, whan thay take 
 their Offices. And that thees xxiv. Men be 
 ♦ i. e. ex- alway Counceilors , * but if ther be any De- 
 '^^ ' fawte fownd in them , or that yt lyft the 
 Kyng, by the Advyfe of the more Partie of 
 them, to chaunge any of them. And that 
 every Yere be chofyn by the Kyng, iv"« 
 Lords Spiritual ^ and iv^^ Lords Temporal , to 
 be for that Yere of the lame Counceile, in like 
 fourme as the faid xxiv. fchal be. And thac 
 they al have an Heede, or a cheffe Ruler,- 
 one of the faid xxiv. and chofyn and ap- 
 pointyd by the Kyng , havyng his Office jA 
 the Kyngs Pleafure ; which may then be cal^ 
 lid, Captalis Conciliarius. Hyt fchal not be 
 necelTarye, that the xij. 'Spiritual Men of this 
 Counceile, have fo grete wags as the xij. Tem- 
 poral
 
 Limited Monarchy. lit 
 
 poral Men, becaule they (chal not nede to 
 kcpe an Houfehold in their Countrey, while 
 thay be ablent, as the Temporal Men mufl: 
 needs do , for their Wives and Children. By 
 which Confederation , the Spiritual Juges in 
 the Court of Parlement of Taris , takyn but 
 CC. c Franks by the Yere , wheteas the Tem- 
 poral! 
 
 c A Fra^k^ was a French Gold Com, which anciently 
 Was worth but one Sol Tournois^ or French Shilling, but 
 now it is not current, but in computation is twenty 
 Sous , and is ufed among the French to fignify the fame ' 
 ■with a French Livre^ or Pound, which is about twenty 
 of our Pence. There were two forts of Francs, one 
 Call'd Franc a Cheval, which was coin'd in the Reign of 
 K. JoJjn of France, Of this, Monfieur le Blanc, in his ex- 
 cellent Treatife of the Coin of France, p. 25-7. fays, that 
 the fixth Species of the Coin of K. John was call'd. Franc 
 d'Or fin, a Frank of fine Gold, which weighed fomething 
 more than a Dram, It was fo call'd, becaufe it was of 
 the Value of 3. Franc, or Pound, that is, twenty Sous* 
 King John coin*d this Money in the Year 1360. in Ed" 
 vjard IIl.'s time, when he return'd ranfom'd from Eng^ 
 land, having been taken Prifoner by Edward III. Thefe 
 Francs dWr were a long time current in France, 15ut fcarce 
 known at this day. This Species of Coin , which was 
 worth in Edward IIl.'s time, but twenty Sous, or zLivrr, 
 is worth now feven Lhres, which Ihews how the Value of 
 a French Livre is diminilhed, fince the Year 1360. It was 
 called Franc a Cheval, becaufe the French King was re- 
 prefented on this Coin, mounted on Horfeback, and arm-' 
 ed Cap a Pee, brandifhing a Sword in his Hand. The 
 other fort of Franc is called Franc a Pie, which Mr. Le 
 Blanc makes to be the fame in Value with the Florin d'Or, 
 >(fo called from the Flenr des Lis, which is the Arms of 
 
 Florence
 
 Of Absolute and 
 
 porall Juges thereof, takyn by the Yere CCC. 
 Frankes. The faid viij. Lords allb^ which, by 
 leafbn of their Baronies and Aftats, ben to the 
 Kyng always » Conjil'tarii nati , and therfor 
 oughtyn to counceile him at al tymys whan 
 he woU , nedyn not to have grete Wags for 
 their Attendaunce to this Conceile , which 
 fhall laft but for a Yere. For Temporal Men, 
 which by realbn of their Enheritaunce and 
 Ly velood , been made ^ Scheriffs for a Yere,. 
 
 takyn 
 
 Vlorente^ being imprefs'd upon it) and was called fo, to di- 
 ftinguifh it from the Franc a Cheval ; for upon the Franc 
 a Picy the King was reprefented on Foot, as on the 
 other, on Horfcback. Monf. Menage Etym. Franc Ni- 
 cot. Did. 
 
 d Scheriffs ; this comes apparently from the Saxons j 
 and is called in that Language, Scip-^epep, that is, in 
 Englifh , Governor^ or Reeve of the Shire ; for Scip , or 
 Scipe, fignifies Shire^ or County^ and Erepepa, is a Go- 
 vernor^ or Prejident ; and from thence comes our Englilh 
 word Reeve. Hence alfo comes Graphic^ or Grafio^ for 
 an Earlf or Governor ; alfo Gravio and Gravius ; for a 
 "Judge ; in Dutch <15rabe. Now the word Scipe, tho' a 
 Subftantive, is fometimes compounded with other Nouns, 
 and fo receives an adje(9:ive Signification ; as Scipe-bi- 
 jceop, the Bijhop of the Diocefs, or Shire Bijhop ; Scipe- 
 ^emoC, the County Court, County Meetings or the Meet- 
 ing of the Shire, in their Courts , held for the Counties , 
 which, in thofe days before the Courts at JVeJlminJier 
 were ereded , were the chief and fuperior Courts in the 
 Kingdom. Among the Laws of King Edgar, you find 
 this Law, Sece mon hun&peb gemote. *3 hsebbe 
 
 mon
 
 Limited Monarchy. 113 
 
 takyn of the Kyng lityl, and almofl no thyng 
 for their Service of that Yere. And though 
 
 that 
 
 mon J)}iipa on ^eap buph-'gemoCe. *3 rpa Scipe- 
 ^emore. ^ .^a;p beo on ^2c\\ Scipe-^emore Bi- 
 j-ceop. *3 fe ealoopman. "3 J)2ep j€5J)ep ceacan ^e 
 Go&ef pihte. ^e peopulb pihre : which in EngHfh 
 is thus ; Let the Hundred Court be kept as anciently it has 
 been ; and kt there be three Borough Courts^ and two County 
 Courts in a Tear. In which County Court \there jhall be a 
 Bijhop., and an Alderman or Earl^ where one Jhall judge ac- 
 cording to the Common Law^ and the other according to the 
 Ecclefiajlical Law. Inter Leg. Edgar. Polit. ca. 5-. & Ca- 
 nut. Polit. ca. 17. This Law is the Foundation of what 
 Ifaid before, touching the Bifhop and Earl's iitting together 
 to jiidge and try Caufes in the County Court. So that it 
 appears in thofe times that the Power of Church and State 
 were both united ; and indeed it is evidently true, what 
 the learned Dr. Inet fays in his excellent Treatife of the 
 Antiquities of the Englifh Church, that from the firft Set- 
 tlement of Chriftianity among the Englifh, the Ecclefiafti- 
 cal and Civil Power mutually aflifted each other, and that 
 the Conjunftion of thofe Powers appears as ancient as the 
 firft Foundation of the Englilh Government ; and there 
 is a Law ftill extant whereby King William the Firft fe- 
 parated the Temporal Courts of Juftice , from the Spiri- 
 tual ; and this gave Birth on the one Hand to the Ec- 
 clefiaftical Courts, and on the other, to the King's Bench, 
 by withdrawing the Bufinefs from the County Court, and 
 Hundred Court, where all Law Bufinefs was before 
 tranfaded. 
 
 Now as to the Derivation of the word, Scipe, in En- 
 glifh, Shire ; it comes from the Saxon fCipan, or fcypan, 
 to divide.^ or fever., being fo called from the firft Divifion 
 of the Kingdom into feveral Parts. This leads me to 
 take notice of my Lord Coh\ Derivation of this word 
 
 I Sheriff
 
 114 0/" Absolute and 
 
 that Wages of the laid xxiv. Counceilours, ferae 
 a new and a grete Charge to the Kyng ; yet 
 whan it is confiderid , hou grete Wages the 
 grete Lords , and other Men , which wer of 
 the Kyngs Counceile in tymes paffid, toke for 
 their Attendaunce therunto , which maner of 
 Counceile, was nothyng ib behovefuU to the 
 Kyng, and to his Realme, as this wol be, 
 which Wags (chal than forwith ce-affe ; the 
 Wages of the xxiv. Counceillours fchal appere 
 Ho grete Charge to the Kyng. And I can 
 iuppole, that fumme Kyngs before this tyme, 
 have gevyn to fum one Man that hath fervyd 
 
 Sheriffs who fays it comes from the two Saxon words, S^irg 
 and Reeve^ and that Shire comes from the Saxon Verb 
 Shiram; which will appear to be a Miftake, for there 
 are no fuch words in Saxon, as Shire, or Reeve, nor any 
 word in that Language, that begins with/?. 
 
 As to the Divifion of the Kingdom into Counties, I 
 can't but obferve, that feveral Lawyers, as well as Hi- 
 florians , have miftaken , in afcribing to King Alfred, the 
 firft Divifion of the Kingdom into Counties y and Coun- 
 ties into Handrcds , and thofe again into Tythings ; for 
 that it appears from the Saxon Laws themfclves, and other 
 Authorities, that there were Counties, long before his 
 time, and Earls over thofe Counties, as I could eafily 
 make out, if it were not too tedious ; fo fhall refer 
 the Reader to Mr. Selden's T'itles of Honour , Dr. Brady's 
 Compleat Hiftory , and to Dr. Hickcs's Difj'ertatio Epijlo- 
 laris , who in thofe Books have clearly made out this 
 Matter beyond Scruple. Somn. Did. Hickef. DifJ'ert^ 
 Mpiji. 
 
 iym^
 
 Limited Monarchy. 115 
 
 hym, as mych Lyvelopd yerely, as the faid 
 Wages woU come unto. And if the^^amc Wags 
 be thought Co grete Charge unto the Kyng, 
 the forelaid Counceillours may be in lefs Nom- 
 bre, as to be xvi^" Counceillours of private 
 Perfonys, with ij. Lords Spiritual, and ij. Lords 
 Temporal ; fb as than thay be in all xx^' Per- 
 fbns. Thees Counceillours may continually^, 
 at luch Howres as fchall be affigned to them, 
 eomewne and deliber upon the maters of De* 
 ficultie j that fallen to the Kyng ; and than . 
 upon the maters of the Polycie of the Realme : 
 As hou the going out of the Money may be 
 reftraynyd , how ^ Bullion may be brought in- 
 to this Land , hou alio , Plate , Jewels , and 
 Money late borne oute, may be getyn yn 
 
 e BuUioft ; this comes from the old French word B/7- 
 lion , or Billon , which fignified all bafe Ibrt of Metal , 
 whether of Gold or Silver, that had in it Alloy, and was 
 courfer than the Standard, or what was fixed by the Laws of 
 the Mint. Money that was not current, or Coin that had 
 too much Alloy in it, they alfo calledBillon ; from whence 
 came this French Expreilion , Mettre nn piece an Billon, 
 that is, to fend a piece of bafe Metal to be recoin'd. Mon- 
 fieur Menage fays, it had its Rife thus : Coin that was 
 cry'd down, and fent to the Mint to be remelted, was 
 fuch as was found defedive in Weight and Goodnefs , 
 and being melted down into on? Mafs, the Metal was 
 found of courfer Alloy, than by the Law it ought to be, 
 and that was called BUlon ; from thence comes the word 
 billoner^ to melt into billon^ and Billoneur^ one that embafes 
 the Coin, Menage Etym. Franc. Cotgr. Nicot. 
 
 I 1 ageyn,
 
 11^ 0/" Absolute and 
 
 igeyn , of which right wife Men may fbon 
 find the Meanys. And alio hou the Pricys of 
 Merchaundifes, grOwyn in this Lond , may be 
 holdyn up, and encreafyd, and the Prycys of 
 Merchaundife, brought into this Lond abatyd. 
 Hou our Navye may be mayntenyd, and aug- 
 mentyd, and upon liich other Pointz of Poly- 
 cie, to the gretteft Profitt, and Encreafe, that 
 ever came to this Lond. Hou alfb the Lawys 
 may be amendyd, in fiich Thyngs as thay 
 nede Reformation in. Wherthorough , the 
 * f. e. be Parlements fchall * may do more good , in a 
 f Monetb , to the Amendment of the Lawe , 
 
 than 
 
 <■ Moneth ; frofti the Saxon word Q)ona^, Month. The 
 Saxons did not call their Months by arbitrary Names, but 
 by fuch as did exprefs their Nature, or Order, or fome pe- 
 culiar Quality in thofe Months ; as, 6e popma CPona^, 
 i^gnifiedyaxuary, or the firJlMonth. February^ was called 
 Sol-mona^, or the Month of the Sun^ the Sun then co- 
 ming towards us from the Winter Solftlce with greater 
 Influence. March , was called )?ly£)-mona^, the boifte- 
 rous Months from the Saxon Wy&> that fignifies Noife , 
 *Tnmult., or Temp eft. June., was called ^i&-fumep-mo- 
 na^5 Midfummer-month., becaufe the Middle of Summer al- 
 ways happens in it. So y^/>r/7, is called CafCojl-mona^, 
 Eafter-Month ., for the fame reafon. July., was called 
 CT}£e&e-mona^, Mead-Month, or the Month when the 
 Meads., or Meado^vjs are fit to be cut. So Pecb-mona^ , 
 fignified Auguft ., or IVeed-month ., becaufe in that Month 
 the Earth was cloathed with Corn . We fay to this day, when 
 aWidow wears mourning, thatjke is in her mourning Weeds ; 
 
 which
 
 Limited Monarchy. 117 
 
 than thay may do in a Yere, if the Amend- 
 ment therof be not debatid , and by fiich 
 Counceile rypyd to their Hands. Ther may 
 be of this Counceile, whan thay s lifte to 
 come thereunto, or that thay be defyryd by 
 the faid Counceilours , the gretteft Officers of 
 the Land, as Chauncelor , Treibrar, and Pry- 
 vye Seale, of which the Chancelor, whan he 
 is prefent , may be Hye Prefydent , and have 
 the lupreme Rule of al the Counceile. Al- 
 fo the Juges , and Barons of th' ^ Efcheker , 
 
 the 
 
 which word, IFeed, comes from the Saxon peob, a Gar^ 
 ment. And laftly, December^ is called ^i6-]nnt;ep-mona^5 
 or Midwinter-month^ becaufe it falls in the Middle oflVinter. 
 from OQona^, comes the Compound CQona^-]-eoc , 
 a hunatick^ oi one Jick every Moon . Somn. Di£l:. 
 
 g Lifl \ this is a Saxon word, from the Verb li]rt;an, 
 fiefiderare^ to defire^ and fometimes in the old Englifh, to luft. 
 
 h Efcheker ; this word comes from the old French 
 word , Efchequier^ the Exchequer^ in Normandy ; which 
 was a Court held by the high Jufticier there, wherein the 
 Sentences and Decrees pronounced by Vifcounts, Bailiffs 
 and other inferior J ufticiers were cenfured, and amended. 
 
 This was a Court held upon extraordinary Occalions ^ 
 but aj: 1^0 fix'd Period, till the time o^ Philip the Fair^ who 
 order'4 it to be held twice a Year, and was made a So- 
 vereign Court, and fo remains to this Day. In barbarous 
 Latin, this Court was called Scaccarium^ which fignify'd 
 a Chefs-board^ and that from Scaci^ Scacciy Chefs-men^ or 
 SchacchorumLudus^ the Play ofCh^fsy which Wis in French 
 call'd le jeif des Efchecs^ fo call'd, fome think, from the 
 Arabick Scach^ which lignities Kiag^ being the Principal of 
 the Chefs -men ; or rather from the 'Germau j^C4Cl), i. e. 
 
 I 3 LKrOi,
 
 ii8 0/* Absolute and 
 
 the 5 Clerk of the RoUis, and fuch Lords, as 
 the forfaid Counceilors woll defyer to be with 
 
 them, 
 
 Latro^ which fignifies a Chefs-man in true Latin ; and we 
 meet with Sceacejie in Saxon, which fignifies Latro. 
 
 From the French Efcheqmcr^ no doubt, comes our En- 
 gl ifh word Exchequer; fo called in all 4>robability, from 
 the chequer'd Cloth (figur'd with Squares like a Chefs- 
 Board) that was anciently wont to be laid on the Table 
 in the Court of Exchequer, and continues fo to this day : 
 and indeed the word Efchequier, fignifies in old French, 
 a Chefs-board^ or Chequer Work. Planter a fefchequier^ is 
 an old Phrafe, to plant Trees exchequer wife, i. e. in Rows 
 at equal Difl:ances, fo as, at every Corner, to fee an ex- 
 a61; Range of Trees. And it is from hence, I conceive, 
 the barbarous Latin word Scaccarium comes, and not E- 
 fchequter from Scaccarium, the French word being the more 
 ancient ; and to this Opinion the ingenious Mr. Madox in 
 his learned Hiftory of the Exchequer inclines. So that 
 we need not go to the Latin word Scaccarium , fignifying 
 a chequer'' d Cloth , nor to Scaccus , or Scaccum , a Chefs- 
 board, for the Derivation of this word ; for we have in 
 the old French word Efchequier, the fame Signification. 
 And the Grand Cuflumier of Normandy fays , that in Nor-- 
 mandy time immemorial there had been a Sovereign Court, 
 which was anciently call'd the Efchequier, which bore a 
 great Refemblance to our ancient Court of Exchequer \^ 
 but was long before it ; and at lad, it was turned into a 
 Court of Parliament. Polydore Virgil fays it was called 
 Scaccarium, by Corruption, for Statarium, from its Stabi- 
 lity, but that feems to be nothing but Speculation, in 
 which that Foreigner much abounded. Du Frefn. Nicot, 
 Somn. Grand Cujlom. Normandy. Madox Hifl. of Exchequer. 
 
 i Clerk of the Rollis, i. e. Mafier of the Rolls. This is the 
 next great Officer in Chancery to the Lord High Chan- 
 cellor, who in his Abfence judges cf all Caufes in Equity. 
 His Title in his Patent is, Clertcns farvce Baga, Cuflos Ro- 
 
 tulorttm.^
 
 Limited Monarchy. ii^ 
 
 them, for Mattets of grcte diffycultie, may be 
 of this Counceile, whan they be defyryd, and 
 els not. All other maters which fchal con- 
 feme this Counceile, as whan a Counceilor 
 dyyth , hou a new Counceylor Ichal be cho- 
 fyn , hou many howrs of the day this Coun- 
 ceil fchal fyt, whan thay fchal have any Vaca- 
 tion , hou long any of them may be ablent, 
 hou he fchal have his leve and licence , with 
 di^ other Articles, neceflary for the Demean- 
 yng and Rule of this Counceile, may be con- 
 ceyvyd by leyfure, and put in a Boke, and 
 that Boke kept in this Counceile, as a Regiftre, 
 or an Ordynal, hou thay fchal do, and be or- 
 deryd in every thyng. 
 
 tulorum^ y Domiis Converforum. In ancient Authors, an4 
 Statutes, before Henry Vll.'s time, he is called Clerk of 
 the Rolls. But about ii H. VII. he began to be called 
 Majler of the Rolls. Domus Converforum ., is the Office of 
 the Rolls in Chancery Lane , which Houfe Was built by 
 Henry III. for fuch 'Jews as were converted to the Chri- 
 (lian Faith, which gave it the Name of Domus Converfo- 
 rum. But thefe new Converts not keeping within the 
 Bounds of true Religion, gave themfelves up to all Im-» 
 piety, and Wick ednefs; for which reafon£<^w;. III. in the 
 fifty firft Year of his Reign, fupprelTed and expelled them, 
 and gave the Houfe for the Cuftody of the R.olls and Re- 
 cords in Chancery. This great Officer has his Title from 
 the fafe keeping of the Rolls of all Patents and Grants, that 
 pafs the Great; Seal, and of all the Records of theCpurt of 
 Chaucery, 
 
 I 4 Chap,
 
 I20 0/" Absolute and 
 
 Chap. XVL 
 
 HoVd theKomaynes profperyd, 'whiles \ 
 they had a grete Councejle. 
 
 T 
 
 H E Romaynes , whill their Counceil 
 callid the Senate was grete, gate, tho- 
 rowe the Wifdome of that Conceile, 
 the Lordlchip of the grete Parte of the Worlde. 
 And afterwards Julyus the firft Emperor, coun- 
 ceilid by the fame Senate, gate the Monarchic, 
 nerehand of all the World. Wherethorow O- 
 Bavyan theyr fecund Emperor , comaundyd al 
 * de[cr'i- the World to be * ^ difcrivyd , as fubgett unto 
 
 hed^ 
 
 I^jg^- a Difcrivyd\ i, t.defcribed\ which comes from the Latin 
 
 Liaua. defcribere^ and has an Allufion to the Latin Tranflation of 
 the fecond Chapter of Luke^ v. i. FaSum eft autem diebus 
 iUis^ ut prodiret edidum a Cafare Augujlo^ ut defcriberetur 
 tot'tus terrarum orbis. So that by defcrived^ or defcribed, he 
 means taxed or ajj'ejj'ed^ as all that were fo, were defcribed^ 
 or fet do'wn for that purpofe. In the Saxon it is meap- 
 C0&, or marked; from the Saxon meajican, to mark^ or 
 fet down. Every one went into his own City to be tax- 
 ed, and at this time Jofeph went out of the City of Na-^ 
 zareth^ unto the City of Bethlehem., (being of the Family 
 of David,) that he with Mary the Mother of Jefus might 
 be defcribed., or fet down., in order to be affejfed and taxed. 
 Erafmus fays, when it is ufed in a military Senfe, it figni- 
 lies lifting , and when in a civil Senfe , it fignifies taxing ; 
 fo that defcriberetur .^ is the fame as cenferetur. Somn, 
 Sax, Dia. 
 
 hym.
 
 Limited Monarchy. 121 
 
 hym. But after this , whan yll difpofyd Em- 
 perours , as Nero , ^omycian , and other had 
 Iclayn grete parte of the Senatours , and dy- 
 Ipyfyd the Conceile of the Senate, th*a{late of 
 the Remayns, and of their Emperours , began 
 to fall downe , and hath fallyn away fithen , 
 unto luch decay, that now the Lordlchips of 
 th'Emperour be not fb grete, as the Lordfchips 
 pf Ibme Kyng, which, while the Senate was 
 hole, was flibgett to the Emperour ; by which 
 En^mple it is thought, that if the Kyng hav^ 
 luch a Conceile as is before efpecyfyed, his 
 Land fchal not only be riche , and welthy, as 
 were the Romayns, but alfo his Hyghneis Ichal 
 be myghty, and of Power to fubdue his Enny- 
 myes, and al other that he fchal lyfle to reygne 
 upon. Of fuch Enfamples many of the Boks 
 of Cronycles be full. But in efpecial the Cro- 
 ny cles of the * Lacedemeneys , and of At he- * i. e. the^ 
 
 T t 
 
 nences, which while they profperid, were befl j^o^j^ns 
 concelid, and mod did, after Conceile, of any ^WAthe-. 
 People of the World , except the Romariys. ^^ 
 But whan thay lafte fuch Conceile, thay fel in- 
 to non Power and Povertie ; as of the Cyte of 
 Athenes hyt may well appere, by that it is 
 now but a Poer Vyllage, and liimtym^ wa,s the 
 moft worfchipful Cyte of Grece, - • 
 
 Chap-
 
 122 0/" Absolute and 
 
 Chap. XVIL 
 
 Here follavpen Advertifements , for 
 the gevyng of the Kyngs Ojfyces. 
 
 YF yt would like the Kyng to gyve non 
 Office , unto the tyme that hys Entent 
 therin be communed with his Coun- 
 ceile, and their Opynyoun by his Highneffe 
 underftoud in the lame, he fchal fb reward his 
 Servaunts with Offices , that ther fchal be ly- 
 till nede, to gyve them much of hys Lyve- 
 lood, and his Offices fchall than be gevyn to 
 foch , as Ichal only fer\^e hymlelf Whertho- 
 rough, he fchal than have a gretter might, 
 and a Garde of his Officers, whan he lyfle call 
 them, than he hath now of all his other 
 ^ feed Men under the Aflate of Lords , and 
 other the Nobles. For the Might of the 
 Land , after the Myght of the grettefl Lords , 
 flondith moft in the Kyngs Officers. For 
 thay may befl rule the Cuntreys , where their 
 Offices ben, which is in every parte of this 
 Lond ; and a mean Bayhffe may do more, in 
 
 a 1. e. Fee*d Men. 
 
 his
 
 Limited Monarchy. 123 
 
 his ^ Bayly- Weke , than any Man of his De- 
 gree, 
 
 ^ Bayly-lVeke ; this word is half Norman, and half Sa- 
 xon. Bayly and Bayliff come from thji old French word 
 Bailiffs in barbarous Latin, Baillivus. Monfieur Menage 
 fays Baillivus was formed from the Latin word Bajulus , 
 which fignified aNourifher^ a Nurfe-Father^ ov Fojler-Father^ 
 and that comes from the Verb bayulando^ to carry in one's 
 Arms^ as the Nurfe-Fathers ufed to do the Children that 
 were put to them to nurfe ; quem ego parvulum gejiavr^ 
 fays a Nurfe-Father ^ in Terence. In Italian it is Baglia^ 
 and Bailie in Languedoc ., fignifies a Nurfe to this Day. 
 This word Bailiff., in procefs of time flood for a School- ' 
 Majier^ and afterwards it came to fignify a Judge ; from 
 whence it is that in feveral Places in France, the Judges 
 are call'd Bailiffs ; which Signification it had anciently in 
 England, as appears by foveral ancient Records. 
 
 This word Bayly, fome think, comes from the French 
 word Bailie, which iignified a Tutor, or Guardian of Infants^ 
 Antoin. Loifel, in his celebrated work, called Les Inftitutes 
 Couflumiers , fays ; Bail, Garde l^ legitime Adminiftrateury 
 font quaji tout un ; and the Venetians call their Refident 
 at Conjlantinople, Bailie. In Teutonick "Jl^acl, is a Guar- 
 dian, or the Office of a Guardian ; and ^uiizUj U5iillin, 
 is Prapojitus, a Bailiff. 
 
 From hence is the barbarous Latin word Balia, Baila, an4 
 Baliuyn, which fignifies Pupillage, or IVardJhip ; as where 
 one by his Will , left the Pope Guardian to his Son , it 
 is faid, i» Tejlamento relidus fub Baila, feu Teutela Urbani 
 quarti, ^c. fed ipfe Papa diSlam Bailam, feu Tutelam minus 
 fideliter geffit. In Conftit. Neapolit. lib. 3. Tit. 27. Si 
 quando Balium impuberum gerendmn, alicui Serenitas nofira 
 concefferit, hi qui Balium gefferint pupiUorurn, poflquam Ba- 
 lium dimiferint, de adminiflratione Balii redder e debeant ra^ 
 ttonem, l^c. So that Balium here fignifying Cujlody, ha^ 
 the fame meaning as our Law word Ba/lium, in Englifli 
 Bail, has, in our Courts of Law ; and therefore when any
 
 X24 0/^ Absolute and 
 
 gree , dwelling within his Office. Sum Fore- 
 
 fler 
 
 one is arrefted for a Sum of Money, and another Perfon 
 bails him out of Prifon , the Entry is , that the Prifoner 
 traditur in Ballium^ is deliver' d into Cujiody^ j. e, oii\\tBail^ 
 becaufe the Party baitd. is fuppos'd to be deliver'd into the 
 Cujlody and Keeping of that Perfon, who bails him ; and in 
 Confequence of fuch a Suppoiition, the Perfon fo let out 
 on Bail^ may be taken up by the Bail wherever he meets 
 him, and the Bail may furrender him in Difcharge of him- 
 felf. So that this word Bail^ as my Lord Coke obferves, 
 does not come from hailler^ to deliver^ but from the old 
 French word Bail^ which fignified a T'utor^ or Guardian ; 
 and in Languedoc it fignified a Jaylor. 
 
 Our Author here means Bailiff of a Hundred, which is 
 a very ancient Officer, and fometime call'd by the Name 
 o? Prapofitus^ as well as Ballivus. Sometimes this word 
 Ballivus is applied to the Sheriff as well as to other Offi- 
 cers, becaufe the County is put under his fafe Cujlody^ or 
 Government. Nor is it to be doubted , that what Fo- 
 reigners called Grafiones^ and the Saxons Grevios, in En- 
 glifh Reeves^ were afterwards, after the Normans came 
 in^^ called Ballivi. In the fame manner it came to pafs , 
 that the Extent of Jurifdidion, of Mayors and Aldermen 
 in Cities and Boroughs, and of the Frcepofitorum in Hun- 
 dreds and Wapentakes, was called Balliva, as that of the 
 Sheriffs is at this day ; for in all Returns of Writs and 
 Procefs that he makes, the Sheriff fays, inBalliva tnea, and 
 not in Comitatu meo. And a Bailiff of the Hundred, or Wa- 
 pentake, had much the fame Jurifdi(Slion over the Hun- 
 dred, under the Lord of the Hundred, as the Sheriff had 
 under the Cor/ies or Earl in the County. Spelm. Glojf. 
 Chron. Saxon. Menage. Du Frefn. z Injiit. 1^%. Brad, 
 lib. ^.fol. il-^. Somn. Did. 
 
 Now as to the other Part of the word, weke., that comes 
 from the Saxon word PiC, which fignifies a Street., Town^ 
 or Village., as alfo the Precind^ or Territory of any fuch 
 
 Place ^
 
 Limited Monarchy. 125 
 
 fler of the Kyngs, that hath none other Ly ve- 
 lood, may bring moo Men to the ^ Feld well 
 
 ^ arrayed. 
 
 Place; in Dutch Wiiic^, From hence we have the Sa- 
 xon Picen^a, which fignifies Inhabitants of any Place, 
 but more efpecially in Towns and Villages ; fo the Saxon 
 picba^af, fignifies Dies Nundinarum , Market Days , i. e. 
 fuch Days that the People refort to the Wic^ or T'own ta 
 Market, pic alfo fignifies finus Fluminis vel Maris ^ a 
 Turning and Winding of a River ^ a Creek, Harbour, or Ha- 
 I'en ; from whence comes the Names of feveral of our 
 Towns in England, ending in IVic, or IVich ; as Green- 
 wich , in Saxon Gpena-pic, or Gpene-pic, which is as 
 much as to fay, the Green Creek, or Harbour, this being 
 formerly famous for being a Harbour of the Danifh Fleet ; 
 fo Harwich in Saxon is l^ape-pic , or )?epe-pic , which 
 fignifies z Creek, or Bay, where a Fleet, with an Army on 
 Board , may lie conveniently, JPepe in Saxon fignifying 
 an Army. This is Cambden's Opinion ; but the learned 
 Dr. Gibfon thinks the ancient Name was A\\Q-^ic. So 
 the Town of Ipfivich , in Saxon is Irypejr-pic, Gypefwic, 
 Gipefwich, Tpefwich, Ipfiuich. From hence it was, that 
 the Inhabitants of Worcefterjhire were called the IViccii^ 
 and the City called, pic-papa-ceaj-rep, Wic-wara-ceafter, 
 and by corruption pi^opa-ceaf rep , from the feveral 
 Windings and Turnings of the River Severn, pic figni- 
 fies alfo finus terra, as well as fiuminis, as in Droitwich^ 
 and other Places. In Kilian, it is CEiicb, finus maris, lit- 
 tus curvum , which alfo fignifies JurifdiStion and Domi- 
 mon, 
 
 c Feld ; this is a Saxon word, and is wrote thus Feb, 
 in Dutch llelT) ; Felb-beo , is « Locufi , or Field-Bee ; 
 Fel&'CypiC, is Ecclefia ruralis, a Country-Church, or, 
 word for word, a Field Church. So in Saxon Felb-hupe, 
 is a Xent^ or Field-Houfe. Feld fometimes fignifies in its 
 
 Compounds,
 
 12S 0/" Absolute and 
 
 ^ arrayed, and namely for Ichoting, than may 
 
 ftuu 
 
 Compounds, agrejlisj uncultivated^ or wild; as Fel&- 
 hunij, is IFiU Honey; fo Felb-mync, is IVildMmt. 
 Somn. Sax. Di(9:. 
 
 ^ Arrayed; the barbarous Latin is arraiatus^ tnflru6ied^ 
 or w^/? appointed ; it com^ from the old French word 
 arraye\ or array e. Chart a Richardi Regis Anglia,, apud Wil- 
 lie Im. 'Thorn. Gentes fujficienter mttnitas Cs' arraiatas. Hen- 
 ry Knyghto'/t^ lib. 3. Rediit tot a jortttudo Sector urn in tribus 
 aciebus., difiinda ^ bene arraiata ; and that there joined 
 them viginti [ex mille hominum bene arraitorum. This 
 Comes, I fuppofe, from the old French Verb arroyer., to 
 fut in order .^ or to array ^ and from thence comes the word 
 Arroy^ which fignifies Ordcr^ Equipage.^ but in a more par- 
 ticular manner. Military (9r<3^^r. So they fay in French, Le 
 Roy vient en bel arrOy, that is to fay, well provided and 
 equipped J with all manner of warlike Preparations. The 
 contrary whereof was ufed to be expreffed thus, mettre un 
 Arrnee en defarroy, i. e. to break an Army., or diforder their 
 Ranks. So, fans arroy., is nnllo ordine.^ without any Order. 
 In this Senfe it is , that the Lawyers mean when they 
 Ifeak of the Array of a Panel of a Jury, which fignifies 
 only the Names of the Jurors fet down, in Order and 
 Rank one under another in a Piece of Parchment. Now 
 this word array , my Lord Coke fays , comes from the 
 French word arroyer., tho' fome think it comes rather 
 from the French word arranger^ to rank in order ; and that 
 my Lord Cokeys Arraiamentum^ and the old Frerich word 
 Arrayement, is no more than the French word Arrangement^ 
 "which is afettingj or putting a thing in order. 
 
 From this word .7? ranger^ Dr. Cowell thinks Arraign" 
 ment comes, in the fenfewemean, when we fpeak of 
 the Arraignment of a Perfon at the Bar for a capital 
 Crime ; but that I believe will appear to be a Miftake. 
 My Lord Coke fays, it comes from the French word ar- 
 raigner, to arraign, but 1 do not find any fuch word. Spel- 
 
 man
 
 Limited Monarchy. 127 
 
 lum Knighc , or lum Efquier , of right grete 
 
 Lyvelood, 
 
 man indeed advances a very pretty Notion, in relation to 
 the Original of this word, but I doubt it is not a true one ; 
 for he fetches it from the word arramir^ which is an old 
 French word that fignifies to fwear^ to promife^ or oblige 
 himfelf before a Judge to do a thing. From thence came 
 the barbarous Latin word arramire^ and arramare^ to engage by 
 Oath^ or IVitneJfes to prove any Matter ; fo, arramire Sacra- 
 mentum^ is to take care at a certain Day and Place^ to fwear., 
 or produce IVttnejJes to clear the Matter. 
 
 So, arramare bellum.^ or arramare duellum^ is to promife^ 
 or engage to a Court ^ to prove the Matter in Controverfy., by 
 Mattatl ; fo arramir battatUe^ in Concilio Petri de Fontaines^ 
 oa. 21. i. e. duellum arramire. From hence, continues Spel* 
 wan.^ Bradon has this Expreflion, Affifam arramare.^ to ar- 
 ram anAjfize^ which, fays he, is only to promife, or under- 
 take^ that he VJ til prove his Right in the Ajjize^ by the Oath of 
 '*3'^'7 > and the Miftake, he fays, was very eafy, being on- 
 ly that of in for an /», arrainatus for arramatus., more efpe- 
 cially in regard, he fays, that the Lawyers did not undcr- 
 ftand the Meaning of the word arramir. And to confirm 
 all this, he quotes the Regifler of Writs, and Fitz Her- 
 bert's Nat. Brevium. 
 
 Now tho' all that this learned Man fays, in relation to 
 the meaning of the word arramir, and arramare be true, as 
 certainly it is, yet I dare fay it will appear, upon examina- 
 tion, that our Law word arrain, does not come from thence^ 
 Uor the word arrainatus, mijlaken for arramatus, but rather 
 that Bradon is mifprinted , and that it was the Printer 
 fell into this Miflake, and not the Lawyers. For this 
 contradids all other Books of the Law belides , and it is 
 a little unlucky, that it contradids two Books of the three 
 he quotes ; for in the Regijler , in all the Writs conftitu- 
 ting Juftices of particular Allizes, there are almofl: twen- 
 ty Places wherein mention is made of Arraining an Af-^ 
 file, and in every one we find arrainavit^ arratnaxerunt^ 
 
 arrai-
 
 Of Absolute and 
 
 Lyvelood, dwellyng by him, and having nort 
 
 Office 
 
 mralnata^ and arranatnr^ &c. but no fuch word as arrama- 
 i>it^ arramatus^ or arramare. So in the French Notes upon 
 Writs of AJfife , in the Regifter^ we find no fuch word as 
 Arrar/ier^ or arramc\, but always, and in every Place, ar^ 
 raigner^ and arraigne ^ and with the Regijier Fitz //. Na. 
 B. exadly agrees. And fo it is conftantly in the Tear 
 Books, and in the Grand CuftHmier de Normandie. And 
 tho' the Difference between the two Latin words be fmall, 
 yet the Difference betwixt the two French words is too 
 great, to make any Miftake about this Matter. 
 
 Now the true Derivation of this word arrain feems to 
 me clearly, to come from the French word arraifoner^ al- 
 hqni quempiam^ or ad rat tone m ponere^ to call a Man to an- 
 Jiuer in the forms of Law., and this comes from the barba- 
 rous Latin word rationare^ adrationare^ i. e. placitare^ or 
 probare ; fo ad rationem ponere^ is to bring him to 'Judgment. 
 Galbertus in Vita Caroli Comit. Flandriae, N. 140. Pofue- 
 runt Comitem ad rationem. And the French Expreffion is, 
 mettre quelqun a la raifon. Now rationare^ comes from the 
 Latin word Ratio, a Caufe, or Plea. So, ad rationem venire., 
 was the fame as ptri flare , to appear., or make Defence in 
 a Caufe. Rationem habere cum aliquo, is, to have a Caufe ^ 
 or, be in Law with any one., and rationem perdere., is, to 
 lofe his Caufe. 
 
 From hence alfo you have the barbarous Latin word 
 derationare., dirationare., and difrationare, which fignify to 
 defend a Caufe., and to difprove the Charge laid againfl him. 
 Inter Leg. Edw. Conf. ca. 36. De Latronibus interfedis pro 
 Latrocinio ; Ji quis pofl Juflitiam fad am , fecerit clamor em 
 ad Jufliciarium, quod injufle interfedus fit., ^ dixerit quod 
 Z'elit hoc difrationari , det vadimonium fuum , C5J' inveniat 
 plegios. So we find the ancient Form of Pleading in a 
 Writ of Right, is, paratus illud difrationare, per Corpus 
 fuum. And from hence comes the French word defraifo- 
 ner^ and from thence the old Word defrener^ to juflify., to 
 
 defend^
 
 Limited Monarchy. 129 
 
 Office. What than may grete Officers do ; 
 
 as 
 
 defend^ to deraine. Inter Leg. Will. Conq. ca. 27. Si home 
 "Volt derainer covenant de terre^ ver fon Seignior ; per ejiran- 
 ges nel purra pas dereiner ; where by the way it is obfer- 
 ved, that the learned Tranflator does not give the Mean- 
 ing of this word, dereiner. Aflifse Hlerof. MSS. ca. 13. 
 L''on pent plaidoier contre chafcun foms ejlre donn^ a confeil 
 jiar court ^ pour fon droit defraigner, ou detfender. Le Grant 
 Couftumier de Normandie ; Et la ou H dit qui I fen defre- 
 nera, cejf a dire quil fen purgera : car defrencr nefl autre 
 chofe fors foy purger, de ce dequoy leu efl accufe. So when 
 the Lawyers fay the Warranty Paramount is derained^ it is 
 to be underftood in the fame fenfe, that the Tenant defends 
 himfelf by proving a Warrantry prior to his own. 
 
 So that when a Criminal is arraigned., it is no more 
 Uti'm.ponere ad rationem., or adraifoner, to fet him to the Bar., 
 and to charge him with his Crime, and thereupon to ask 
 him what he has to plead fbr himfelf. When he pleads, 
 Not Guilty ; the Officer fays, Culprit., how 'Vjilt thou be 
 tried ? The Prifoner's Anfwer is, by God and my Country. 
 As to the Meaning of Culprit ; it is compounded of Cul., 
 and prit ; i. e. Culpabilis , or Guilty , which is replying 
 for the. Queen, and affirming he is guilty, without which 
 there is no IITue join'd, and fo the Prilbner could not be 
 tried ; the other word prit is from the old French word 
 preft., which fignifies ready., and anfwers to the' Latin 
 word paratus., and is as much as to fay, in the Queen's 
 Reply to the Plea of Not Guilty, that he is Guilty., and 
 Ihe is ready to prove him fo. Prefi de defendre^ is an old 
 Phrafe for to be ready to defend himfelf or to prove his Plea. 
 So we find in the Year Book of H. VI. where in Tref- 
 pafs the Defendant pleaded as to part, Not Guilty ; For- 
 tefcue our Author, then King's Serjeant, who was for 
 the Plaintiff, fays, in his Reply to the Defendant's Plea ; 
 Qnant a tout ceo qu'il plead Rien Culp., pre/i av' que Jl ; As 
 to his Plea of Not Guilty., he was ready to prove he was. 
 
 K And
 
 130 0/ Absolute and 
 
 as ^ Stewards of grete Lordfchippis, Recejrvers, 
 ^ Conflables of Caftellis, Mailer Foreflers , and 
 
 liich 
 
 And as to the Exprcflion, Hovj nvilt thou he triedl It is an 
 old Form anciently very fignificant, when there were fc- 
 veral Forms of Tryal, as by Battail, Ordeal, and Jury ; 
 the Criminal anfwering by God ^ and his Country ^ is his 
 Choice and Eledion to be tried by a Jury ; which Form 
 now is of little ufe. Spelm. Glojf. Du Frefn. Menage. 
 Origen. Franc, lo. H. VI. 40. Old Vol. Entries., fol. i. 
 
 *= Steward^ is a Compound of two Saxon words, 6ce6e, 
 and PcapO ; SteOe, or Sreba, fignifies Room^ Place, or 
 Stead, and Peap&, a Keeper, or H'^arden ; and fo word for 
 Word fignifies in the Stead, or Place of the IVarden, or prin- 
 cipal Officer, the Locumtenens in Latin, and Lieutenant in 
 French. By turning thew into^, the French make Guar- 
 dian, and from thence comes our word Gardian ; the bar- 
 barous Latin is , Gucrdianus, or Gardianus. Peapb figni- 
 fies Fi^/Z/^, Cufiodia, a Watch; from thence comes our 
 Englifh word Ward, in barbarous Latin Guardia, in Ki- 
 lian, C<IliatDe. From Peap&, come the Terminations 
 of feveral proper Names, in iveard, ward, and gard, as 
 Ead-weard, Ethel-iveard , Sig-ward , zUks Si-^ivard , Lead" 
 gard. Somn. Sax. Did. 
 
 <■ Conflables of Caftlcs ; this word Conftable fome derive 
 from the Saxon Cynin^, Rex , and r^^pl^5 ftabtlts, Jia- 
 hie, as one who was a Support and Stay to the King, 
 and prcferving his Dignity ; but this feems to be no- 
 thinff but Notion, for it is a Name that we moft ma- 
 nifelUy derive from the Normans , and came from their 
 Coynes Stabuli, fometimes called Comesjlabilis, and fome- 
 times Coneftabilis. Aimoinus lib. 3. Hiftor. Franc, ca. 
 71. Regalium Prxpofitus Equorum, quem vulgo Comi- 
 fiahilem vocant. Gregor. Turonenf. Lib. f. ca. 48. 
 hurchardum Comitem Stabuli, quem corrupte Conftabu- 
 lum appeOamus. By this it feems his Office was ori- 
 ginally
 
 Limited Monarchy. 131 
 
 iiich other Officers ; befides the High Officers, 
 a§ Juftices of Forefts, Juftices and Chamber- 
 
 leyns 
 
 ginally to take Care of the Kings Stables. But this Di- 
 gnity in Procefs of time was made military ; fo that the 
 Comites Stabuli in France^ were the chief Generals and 
 Leaders pf their Armies. Thofe which were call'd in the 
 Laws of Edward the Confciror, the JPepe-ro^a, Heroto- 
 thii, or Heretoches^ which was the Saxon Name for their 
 Generals, were callM among the French, Capitales Con- . 
 /tabular it ^ TelMarefcalli Exercitus. Le Conneftable de France 
 which was the Great GeneraLof the French Army, com- 
 manded, and took Place of, every one in the Army, ex- 
 cept the Perfon of the King. Much fuch an Officer, and 
 from that Example, no doubt , came our great Officer in 
 England^ called Conftabularius A»glia. Matth.Wejim. An, 
 125'4. Coram Comite Herefordienji^ qui fecundum antiquum 
 jusy ConOabularius ejfe, dignofcitur regii Exercitus. This 
 Officer was firft created in William the Conqueror's time, 
 and laid aiide about 13 //. VIII. fince which, there has been 
 no fuch Officer for a Conftancy, but now and then crea- 
 ted fo, on particular Occafions only. This Dignity was 
 hereditary, as that of Earl Marflial is, and defcended ta 
 Females, and the Conftable ufed to hold feveral Man- 
 ners of the King, by the Service of being Confiable. But 
 this being a Dignity fo high and powerful^ and confe-" 
 quently fo troublefome and dangerous- to the Crown, 
 King Henry VIII. got rid of it ; for the Power of the 
 ConJlSle of England exceeded that of France , as having 
 Power over Affairs Civil as well as Military. 
 
 There was anciently an Officer in the Exchequer, who 
 was called CenftabnlariMs Seaccarii , and was efteem'd one 
 of the great Officers there , without whom no cohlidera- 
 ble Affair could be tranfadled ; his Office was more par- 
 ticularly to audit the Accounts in relation to the building 
 and repairing the King's Palaces , his Caftles and other 
 Fortifications. This feems, as Spelman fays, to be part 
 
 K a of > 
 
 /
 
 132 0/" Absolute and 
 
 leyns of Cuntreis, the g Warden of the Ports^ 
 and fuch other ? For foth it is not lightly efte- 
 mable, what Might the King may have of his 
 Officers, yf every of them had but one Office, 
 and ferved non other Man but the Kyng. 
 Now it is ealye to be efleemyd hou many 
 Men may be rewardyd with Office, and hou 
 gretely yf thay be dyfcretely gevyn. The 
 Kyng gevyth moo than a thoirfand Offices, 
 befyds thoos that my Lord Prince gevith , of 
 which I rekyn the Officers, as the Kyngs Of- 
 ficers. Of thees Officers fum may defpend by 
 the Yere, by Reafon of his Office, CC /. fbme 
 a C /. fome XL /. feme L ^ Marks , and fb 
 
 downward. 
 
 of the Office of Conflahle of England^ who, no doubty 
 formerly fat in the Exchequer. FletaUb. 2. ca.-^i. Spelm^ 
 CloJJ'. Da Cang. 
 
 g U^arden of the Portx^ i. e. Cmque Ports. 
 
 h Mark., in Saxon ^eapc, which was not any particu- 
 lar Piece of current Coin, among the Saxons, as can be 
 found, but only a Denomination by which they reckoned, 
 as we do now by our Englifti Pound. 
 
 We meet with feveral forts Of Marks in the Hiftories 
 and Accounts of France., but they were of feveral Values. 
 The Marca Trecettjis was 12 j. 11 d. Sterling, the Marca 
 Lemovicenfis Was 13/. id.^. Sterling, and the Marca 7«ro- 
 Kenfis Was 1 2 J. \id.\. Sterling; they had alfo the Marca 
 AngUcana., or le Marc dc la Rochelle., which was 13/. 4^. 
 Sterling. We read likewife of the Marca Danica., Hifpa- 
 vica, and Sclavonica., but of all thefe, the Englilh Mark 
 fcems to be mod ancient , and comes from the Saxon 
 
 tverd
 
 Limited Monarchy. 133 
 
 downward. So as the lefte of them, though 
 he be but a Parker, takyng but two Pens by 
 the Day , yet he hath by the Yere XL s, 
 X d. befide his Dwellyng yn the Lodge , his 
 Fewell , his Cowe for his Mylk , and liich 
 other thyngs goyng about hym, (befide Re- 
 vyards) as profitable as :|: would be fyve Pounds l^*^^^ 
 of Rent or Fee yerely, which is a fair Ly vyng ^''^'^/'■^<?'" 
 for a Yeoman. Hou many Men then of eve- ^'nent, 
 ry Aflate, and of every Degree, and hou grete- Laud. 
 ly may the Kyng reward with Oificys , with- 
 out gyvyng away of his Lyvelood. For foth 
 the gretteft Lords Lyvelood in Englond may 
 not luffice to reward {o many Men, though he 
 would departe yt every ' Dele, among his Ser^j 
 
 word ^eapc, which fignifies z.Mark or Imprcjfiofi^ made 
 upon Money or any other thing , and that comes from 
 the Verb meapcan, to mark. 
 
 When this Mark came firfl: to be fix'd, to the Value of 
 13 J. and 4^. is not very certain ; but Matthew Paris in 
 the Life of Guarinus Abbot of St. Albons^ fo early as the 
 Year 1 194, tells us, a/li^r^was then 13 j. and 4^. and has 
 continued fo to this day. DuFrepzeGloJf.Chron.Prccios. 
 
 i Dele^ is a Saxon word and wrote thus, fcasl ) which 
 fignifies Par 5^ a Part^ or Portiaa, and this comes from 
 the Saxon \'^erb baslan, dhidere, to divide^ to part^ to di~ 
 ftr'tbute ; from thence comes our Englifli words dole^ ajid 
 dele ; fo frorn the Saxon ^xUn^ , comes our Englifh 
 word deat'mg , divifion , ox partition. From hence it is 
 that the Stones, ufcd as boundaries of Lands, i, e. fuch as 
 divide and diftinguilh Lands, one frtnn ancrher, are cistX' 
 \^ Dowk^Sfoffes,' ■ ^- • ' 
 
 K 3 vaunts.
 
 134 0/^ Absolute and 
 
 vaunts. Nor two of the grettefl: Lords in 
 England may make {o grete a Might as the 
 King may have only of his Officers , if they 
 were holy and onely his Servaunts , and that 
 every of them had but one Office. To this 
 fayen liich Lords and other Men , fiich as 
 * axen of the Kyng, Offices for their Servaunts, 
 that they and all their Servants Ibhal always 
 lerve the Kyng, and his Officers fchal do hym 
 the better Service, by Realbn thay be in their 
 ] helpen Service. For they woli f help them to do fb. 
 Laud, and fiiffie non other in their Company, but 
 luch as woll do loo. Wherto it may be faid, 
 that yt ys true that they fchal do the Kyng 
 Service while thay be in their Company ; but 
 fb fchulde thay have done , though the Kyng 
 had never made them his Officers. Wherfor 
 the Kyng fchal not be the better fervyd, that 
 \ yevene, ^^ hath X gcvyn his office to their Servaunts, 
 Laud, but rather worfe. For, as our Lord faid. Ne- 
 mo ^poteji duobtts T>ommis fervire. For fb 
 the Kyng fchal ^ lefe the Officers for any fin- 
 guler Service he fchal have of them , or that 
 
 "^ Axen^ is a pure Saxon word, and comes from the Sa- 
 xon Verb axian, to demand^ to inquire ; from thence our 
 Englifli word, to ask. Somn. Sax. DiiSl. 
 
 1 Lefe^ is a Saxon word , and comes from the Verb 
 lepan, to deliver .^ tofet at liberty y to loofe. Somn. Did. 
 
 the
 
 Limited Monarchy. 135 
 
 the fame Officers fchal thynk themfelf behold- 
 yng to the Kyng for their Offices, which his 
 Highnefs hath *gevyn them at the Contem-*-^^^^*'. 
 plation and Requefle of their Mafters ; and 
 for no Reward of any Service that they have 
 done or Ichal do unto hymielf By Confide- 
 ration wherof their old Mafters fchal be better 
 iervyd by them than thay were before ; and 
 the more myghty in their Cuntreys to do 
 what them iifte ; and the Kyng in lefle mighty 
 and have the fewer Officers to reprefle them 
 whan thay do amyfle. And this hath caufid 
 many Men to be Inch f ^Broggars and Sacours t^^^;?'^''^* 
 to the Kyng, for to have his Offices in their j^f."' 
 Cuntreyys to themfelf, and to their Men, that ^''^gg^'f 
 ahnoft no Man in fome Cuntreyys durft take 
 an Office of the Kyng , but he fyrft had the 
 good Wil of thoos :f Broggars, and JngrocerS:^Br^^rr^ 
 of Offices. For, if he did not foo, he fchuld J^^""^- 
 not after that tyme have Peace in his Cuntrey ; Digb, 
 
 m Broggars ; this word, as I conceive, comes from the 
 old French word brag^dy or bragneur \ homo bullatus , a 
 gay , flanting and vain PerfoK, one who lives in Luxury 
 and Excefs ; and this comes from the old French word 
 bragadcr^ to flaunt^ to wear gay Attire^ and alfo to brag^ or 
 pvj agger \ and from thence braguerie ^ fignifies bravitig^ 
 flanting^ or fivaggering. Dr. Cowell thinks it comes from 
 the old French word broyer^ which is tritor^ one who grinds 
 the Poor, but I rather think the other is the trueft Deriva- 
 $ion. Nicot, 
 
 K 4 whereof
 
 13^ 0/" Absolute and 
 
 whereof hath comyn and growyn, many grete 
 Trobills and Debars, in dyvers Cuntreyys in 
 England. Which Matters thorowly confyder- 
 yd, yt femyth verely good, that no Man have 
 * ^^<^j any Office of the Kyngs * Gyfte, but that he 
 be firfl (\voron, that he is Servaunt to non other 
 Man , nor woll ferve any other Man, or take 
 his Clothyng or Fee while he lervith the Kyng. 
 And that no Man have moo Offices than one, 
 excepte that the Kyngs Brethren may have 
 two Offices. And that luch Men as ferve the 
 Kyng aboute his Perfbne , or in his Conceile, 
 may have in their Cuntreys a Parkerfchip, or 
 Foreft, for their Dilporte whan they come home, 
 or luch another Office as thay may well kepe 
 by their Deputyes. 
 
 Chap.
 
 Limited Monarchy. 137 
 
 ; Chap. XVIIL 
 
 Jdvertyfements bou Corodies ^ and 
 Tendons may hejl be "^gevjn. l{uT' 
 
 AND if it will like the Kyng to gyve 
 no Corodye nor Pencion, which he 
 hath by Right of his Crown, of every 
 Abbey, Priorye, and other Houfes fowndyd 
 upon Hofpitalite, by any of his Progenytours, 
 unto the tyme that his Entent therin be com- 
 munyd and delyveryd with his forelaid Coun- 
 ceile, and that his Highneis have underftoud 
 their Opynyoun in the fanie. Than iliall Men 
 of his HouHiouide be rewardyd with Corodyes, 
 and have honefte Sufteitaunce in their olde 
 Dayys, whan they may no longer lerve ; and 
 the ^ Clerks of his Chapell that have Wifes, 
 or be not avaunfyd , be rewardyd with Pen- 
 fions without grete abatyng of the Kyngs Re- 
 venues, for their Rewards or Suftenauncy s ; 
 for liich Corodyes and Penftons were fyrlt or- 
 ^eynyd, andgyvyn to' the Kyng, for the lame 
 
 ' « Clerks of the Chapell , i". e. the Queen's Chaplains , as 
 now called, 
 
 Entc^t.
 
 138 0/" Absolute and 
 
 Entent. But now of late tyme, other Men 
 than the Kyags Servaunts hath askyd them, 
 and by importune Sewte, have gettyn grete 
 parte of them, to the Kyngs grete Harme, and 
 Hurte of his faid Servaunts. Which by the 
 Caufe therof lyvyn in the gretter Penurye, 
 and in none Sewertie of their Suflenaunce in 
 tyme comyng, whan they ihall not ^ may do 
 Servyces. 
 
 fa Be abk to do. 
 
 Ch AP«
 
 Limited Monarchy. 139 
 
 Chap. XIX. 
 
 HavQ grete ^ Goode Jtyll growe ,|^f^f' 
 ^ of the '^* ^ forme endovpyng ofhl^T'^ 
 the Croime. 
 
 AND whan the Kyng, by the meanys 
 aforelaid or otherwife, hath getyn ageyn 
 his Ly velood, yf than yt woli like his 
 mofl noble Grace to eftablifch , and as who 
 
 fayth 
 
 a Forme endowyng ; this fignifies the fame as ferme^ or 
 firm endowing the Crown , and form is fometimes wrote v 
 furm. It comes manifeftly from the Saxon word peojim, 
 in barbarous Latin firma^ and in Englifh a farm ; and 
 from thence it came to fignify adjedively, any thing firra 
 or fubjlantial. Now many have been the fanciful Deri- 
 vations of the word firma^ or farm ; but there is no doubt 
 but it originally came from this Saxon word J^eojim, 
 which fignified among the Saxons originally, food^ or fu- 
 Jienance, a dinner, fiipper^ or entertainment ; and this came 
 from the Verb peojimian, which fignified, cibiim prabere, 
 vi^um adminiflrare^ to entertain^ to fee d^ ox to fe aft. So in 
 the Laws of K. Canntus^ ca. 68. peapm fillan, is, to give 
 food, and peopmian, to adminifter food. So in Evang. 
 Marefchal. ca. 16.11. lPepo& ^e^eappobe mycle peopm, 
 Herod made a great Supper. So the Latm word firma.^ ori- 
 ginally fignified the fame, as the Saxon peopm, which i$ 
 to be^feen in Huntington^ Matthew of IVeftminJler ., and 
 
 other
 
 140 0/" Absolute and 
 
 fayth, ^ Amortyfe the fame Lyvetdod to his 
 Crowne, fo as it may never be alienyd therfro, 
 
 without 
 
 other Hiftorians. In Domefday Book, there is much faid 
 de fermis, tho' perhaps not clearly to be underftood, un- 
 lefs you refer it to the Saxon peopm, fignifying meat and 
 Drink J as before mentioned. T'itt. Sudfex. Comes Me- 
 r'lton. Borne T'.R.E. i. e. tempore Regis Edwardi, reddebat 
 firmam unius noiiis. So in Wiltefcir T'it. Rex^ i. e. terra 
 Regis ^ firma unius nodis^ very often occurs. You alfo 
 find in that Book, dimidiam firmam noSiis^ and fometimes 
 you'll find that fuch a one reddebat unum diem de firma ; 
 znd in T'it. C or nvalge, there is., reddebat firmam quatuor fepti- 
 rnarum. The Meaning of which is, that thefe were Pro- 
 vijions for nights , days , or weeks , which were referved 
 by the King for his Table , out of what he rented to his 
 Tenants, who held of him : For about the time of Wil- 
 liam the Conqueror, what was referved to the King out of 
 his Lands, was not Gold or Silver, or at leaft not much 
 fo, but the Refervations were in ViSuals and Provifions, 
 which foon after, by reafon of the Inconvenience, in 
 H. I.'s time, fome fay, was turn'd into Money ; and 
 then the word firma came to fignify rents., and after that, 
 it was transferr'd to fignify the farm it felf, out of which 
 the Rents were referved. Spelm. Glojf. Somn. DJSl. 
 
 •> Amortyfe ; this comes from the old French word 
 Amorti., which, Nicot fays, fignified humano commercio exi~ 
 mere pradia^ emortua manus jus concedere. From hence 
 comes the French word Mortmain , or Mainmort., which 
 is the fame thing , and fignifies fuch a PofiTefTor of Lands 
 or Inheritance, which, as Nicot fays, n*efl vivant, mouranty 
 ne confifcant^ that is, which never makes any Change of 
 the Tenancy, as Chapters , Abbies , and fuch like. Ac- 
 cordingly they fay in France., a Fief or Inheritance, is in 
 ■main mort., in a dead hand., when it falls to, and is become 
 ^he Inheritance of fuch rejigious Houfes, becaufe it nevei: 
 • ' chan^eji
 
 Limited Monarchy.^ 141 
 
 without Afient of his Parlement , which thaa 
 would be as a new Foundation of the Crowne 
 he fchal be therby the gretteft Fownder of the 
 Worlde. For * theras other Kyngs have fownd- * i. e. 
 yd c Byfchopryches, Abbeys, and other HoU-^^^'"^''^- 
 iys of Reiigioun , the Kyng Ichal then hav6 
 fowndyd a hole Realme, and endowyd yt with 
 grete Pofleflions , and better than ever was 
 any Realme in Cryftendome. This maner of 
 Fundation may not be ageyn the Kyngs Prse- 
 rogatiff, or hisLibertie, no more than the Fun- 
 dation of an Abbay , for whiche he may take 
 no Parte of the PofTeffions, which he hath ons 
 gevyn them, without th'aflent of their Covenr. 
 But this maner of Endowment of his Corowne, 
 
 changes from that haild, but becomes from that time tin-' 
 alienable , manus plane emortua ; and from hence comes 
 our Law word Mortmain. Nicot. 
 
 c Byfchopryches ; this is a Saxon word , and is wrote 
 thus, Bifceop-pic 5 which comes from the Saxon Bi-* 
 jTCeop, a Btjhop^ and pic, or pice, which fignifies Domi- 
 »/o», Rule, and Jurifdiilion^ and has much the fame Signi- 
 fication as bome, and therefore Birceop-bome, fignifies 
 the fame as BifCeop-pice, and from thence comes our 
 Englilh word B^poprkk. )?eah-bi]"(ieop , in Saxon , is 
 an Archbijhop ; Bif ceop-fCipe, is the Diocefs, or the Shire 
 of the Bijhop. From hence comes the Verb bifceopian, 
 epifcopare , to exercife the Office of a Bifiopy to vifit ; and 
 from thence we have bifCeopoJ), confirin'd by the BiJJjopy 
 or as we commonly fay, bijhop'' d. Somn. Sax. Did. 
 
 fchal
 
 142 0/" Absolute and 
 
 fchal be to the Kyng a gretter PriErogatifT, in 
 that he hath than enrychcd his Corowne with 
 fuch Riches and Pofleffions, as never Kyng 
 fchai may take from yt , without th' AfTent of 
 his hole Realme. Nor this may be to the 
 Hurt of the Pra&rogatife or Power of his Suc« 
 cefTors ; for, as it is fchewyd before, yt is no 
 PrerogatifF or Power to may leefe any Good , 
 or to may wafte, or put it awaye. For all fuch 
 thyngs comith of Impotencye, as doth Power 
 to be fyke, or to wax old. And truly if the 
 Kyng do this, he fchal do thereby dayly more 
 Almes, than fchal be done in all the Founda- 
 tions that ever were in England. For every 
 Man of the Land fchaU by this Foundation, eve- 
 ry day be the meryar , the fewrer , fare the 
 better in his Body, and in all his Goods , as 
 every wife Man may well conceyve. The 
 [* C^fc- Fundations [* of Abbeys, of Hofpytallis , and 
 in Cod. of fiich other Houlys, ar no thyng in compa- 
 Laud, ryfon hereof: For this fchal be a Cotage in 
 which fclial '^ fyng and pray for evermore al 
 
 the 
 
 ^ Sing and pray ; J^ng comes from the Saxon word pn- 
 j;an , canere^ to fing ; in Dutch (ln5l)cn. Now I"in^an , 
 among the Saxons, fignified to pray^ as well as to fing^ 
 for among the Saxons, great part of the Service of 
 their Church was //^»^, as among the 'Jews. In the Sa- 
 xon Homily on the Birth-day of ^X. Gregory ., it it faid, 
 
 Let
 
 Limited Monarchy. 143 
 
 the Men of England Spiritual and Temporal, 
 and their Song fchal be fiich amonges other 
 
 e 
 
 An- 
 
 Let us come together on the fourth day of this If^eeky early m 
 the Morning^ and with a devout Mind^ and with Tears ^ i, e. 
 fing, or pray, feven Litanies, that our angry "Judge may fpare 
 us. In the Laws oiK. Canutus, ca. ii. which was about 
 feven hundred Years ago, which enjoins the People to 
 learn their Pater nojler and Creed, as an argument for 
 them fo to do, it is faid, EpifC pealp pn^e Pa- 
 rep norCep aepofC 5 Chrift himfelf firjl of ali fang, or 
 pray'd. Pater nojler, and taught that Prayer to his Difciples ; 
 and then it goes on, this divine Prayer confifts of feven Pe- 
 titions ; <^\b ^m j-e \e hir inpeapblice ^epnj)) 5 
 liihofoever from his Heart lingeth it, prays to God for every 
 BleJJing, in this or the other Life. And in Mlfrick's Ca- 
 nons to Bifliop IVulfin, in his Directions for vifiting the 
 Sick, he mentions the Rule of St. James \ and they pall 
 pray over him, which is expreffed in the Saxon Language, 
 theyjhall fing over htm. 
 
 Now to give a Tafte of the Piety of the Saxon 
 Times , I would obferve that they had feven fet Times 
 in a Day appointed for Publick Prayers, and all of them 
 were expreffed by Songs. And this you'll find in Lam- 
 bard''s Saxon Laws , among the Canons of the before- 
 mention'd Archbifhop JElfrick, p. 131. where the Priefts 
 are enjoined ; feopon n&e fan^a]: ^ej-m^on 5 i. e. 
 that they fing Songs, viz. Prayers, feven times a day, 
 as was appointed by the Church. There is firft of ail, 
 the Uchfan^, which was Cantus Antelucanus , or the 
 Prayer before light , which was at three a Clock in the 
 Morning. The next was the Ppimjpan^ , i. e. Morning 
 Prayer , or Song', Cantus Matutinus , which was at fix a 
 Clock in the Morning. Unbepfan^, was the Cantus 
 T'ertianus, or Prayer at the third Hour, which was nine a 
 Clock in the Morning. CPi&bse^j-an^, or Mid-day Pray- 
 ers.
 
 144- ^f Absolute and 
 
 « Antemes : BlefTyd be our Lord God , that 
 hath fent Kyng Edward the IV^'^ to reygne 
 upon us. He hath done more for us than 
 ever dyd Kyng of Englond , or might have 
 done before hym. The Harmes that hath fal- 
 lyn in gettyng of his Reahne, ben now by 
 hym turnyd into our ^ aller Good and Profit. 
 We fchal now enjoye our own Goods, and 
 
 ers^ Cantus Meridiatjus^ which was 'at twelve a Clock at 
 Noon. Cantus Nonalls ^ or three a Clock Prayers^ was 
 among them called Nonfan^^ , Koon Song^ or Noojf 
 Prayers. Then came the jGpenfan^, i.e. EveKtKgPriyer^ 
 Cantus Fefpertinusy which was at nine a Clock at Night. 
 And laft of all they had their Nihrpanj, i.e. Night 
 Song^ or Prayer^ Cantus Nodurnus^ which was at twelve 
 a Clock at Night. 
 
 ' e Antems^ in Saxon anrepn , from the Greek word 
 antiphona^ i. e. contra finans ; and fo the Prayers were 
 called that \vt:re fimg alternatively. 
 
 ^ /Ulergood\ i. e. greatejl good\ for this word aller comes 
 from the Saxon word ealpa , and that from the Saxon 
 word eall, ^/Z, and is ufed generally to make the Expref- 
 fion to lignify fuperlatively. In old Authors, we find this 
 word aller ^ and fomeiimes alder ^ for better Sound fake, 
 to lignify fuperlatively ; as, lam your aller hcd., I am your 
 aller hele. In Saxon, Fop)>am )>e ic eam eopepa ealpa 
 heapoJ), ic eam eoj^pa ealpa hasl. So in Chaucer., 
 Jball have a Supper at our alder Cojls ; uprode our Hojl^ and 
 vjas our alder Cock. And in the fame Senfe do the Dutch 
 life this word aller to this day. Kilian fays, aller is fome- 
 times elegantly put before Superlatives, and enlarges their 
 Signification, as alUr bcft, omnium optimus., the greatejl^ 
 hjl., or bejl of all. Kilian. Somn. Hickef. Thef. 17. 
 
 lyve
 
 Limited Monarchy. 145; 
 
 Jyve under Juftice, which we have not done 
 of long time, God knowyth. Wherfor of his 
 Almes yt ys that we have all that is our 
 own. And therfor God continue his Grace 
 and Perfbne in long Lyffc with Increle, in Ho- 
 nour and Magnificence, to his Hart's Defyer , 
 gnd Welth of this his Realme. 
 
 Chap.
 
 14^ 0/* Absolute and 
 
 Chap. XX. 
 
 Advertifement for maJ^ng of Pa- 
 tents of Gyfts. 
 
 HY T is not ment by the Premyffys, but 
 that the Kyng without the Ailent of 
 hys Parleament fchal gyve to liich as 
 do his Grace finguler Service, Land for Termc 
 of their Lyfys. For therby his Corovvne may 
 not be Dyiheryted ; for that Land will lone 
 come ageyn. But than it were good that the 
 lame Land be no more after gevyn ; for els 
 Importune Sutours woU gape upon luch Re- 
 verfions, and often tymes axe them * or thay 
 be fallyn. And when they be fallyn, the 
 Kyng fchal have no Rcfle with luch Sutours , 
 unto the tyme his HighnefTe have gevyn ageyn 
 all luch Lands as he hath ons gevyn. And by 
 Contenuance therof, that Lond fchal not lerve 
 hym but for Gyftys, as done Offices, Coro- 
 dyes, and Penfyons. And truly yt were good 
 that of all the Kyngs Gyftys, his Patents made 
 
 > i. e, Vrr^ or before. 
 
 jnencyoun
 
 Limited Monarchy. t^j 
 
 tnencyouii that they were paffyd , de Avifa- 
 mento Conc'ilit fui , namely for a ^ Yere or 
 two. For if fuch an Order be kepte. Men 
 wil not be haftye to axe Rewards, * but if thay * i. e. 
 be of right good Merits, and many Men will*^'^-^^* 
 be of the better Governaunce , for the Kyngs 
 Counceile fchuld deme them worthye to be 
 rewardyd. And thay that optayne not that 
 Defyer fchal have than Utyll Colour of Grutche, 
 confyderyng that they lacke yt by the Dy- 
 fcrecyoun of the Kyngs Counceyle. And the 
 Kyng fchal have hereby grete Rede and Qui- 
 etnefTe , and be well defendyd ageyn fuch Im- 
 portune Sutours. And yet his Grace may leve 
 this Order whan hym ^ likyth. And j^oH 
 
 b Tere ; from the Slaxofl Word S^ajl, ^annus^ the g being 
 turn'd into a ^, produces our Englifli word year. From 
 this word S^^Pj comds the SaXon word 5^'^P'^5 oUm 
 quondam., of old lime ; and from thence comes the Englifh 
 Expreffion, in days of yore. Somn. Sax. Diil. 
 
 c Likyth ; from the Saxon Verb hcian , pJacere , to 
 pleafe, to confent ; and from thence our Englilh word , to 
 like, comes ; from thence alfo comes the Subftantive li- 
 CLin^e, fati s fusion ., pleafure , and in modern Englifh, //'- 
 king. Somn. Sax. Did. 
 
 L z At
 
 148 Of Absolute, ^C. 
 
 At the End Sir Adrian writes thus : 
 
 Exf licit Liber complains ^ fa- 
 Bus fer Johannem Fortefcue 
 Militem, quondam Captalem 
 Jujliciarium Anglia , ^ hie 
 feriftus manu frofria met A- 
 driani Fortefcue Militis, 1531. 
 
 ^* FORT \ 
 
 Loyall A ^/?^ ( Penfe. 
 
 A CA-
 
 mmMmmmmmmmmmmmmmmmmmm 
 
 A CATALOGUE of the moft con- 
 fiderable Authors quoted in the Re- 
 marks to this Book. 
 
 Hlckef Ling. .Vet. Sept. Thef.] Linguarum 
 Vett. Septentrionalium 'Tioefaurus^ Grammati- 
 cO'Criticus^ 6? Archaologieus^ AuHoire Geov' 
 gio Hickejio. 
 
 Du Frefne GlolT] Glojfarmm ad Script ores Media 
 l^ Infim£ Latinitatis^ Au^ore CaroJo Du Frefne ^ 
 Domino Du Cange. 
 
 Somn. Diftionar. Saxon.] DiSlionarium Saxonico' 
 Latino- Anglicum^ Opera ^ Studio GuUelmi Somneri. 
 ' Marefchal. Evangel. Saxon.] ^atuor D.N.J efn 
 Chrifii Evangeliorum Ferjiones perantiqua du^e^ Go' 
 thica^ fcil. ^ Anglo-Sapconica^ per Thomam Mare f- 
 ehallum^ Anglum. 
 
 Thwait's Heptateuch.] Heptateuchus ^ Liher Johy 
 ^ Evangelium Nicodemi ^ Anglo- Saxonice^ Hiftoria 
 Judith Fragmentum^ Dano-Saxonice ^ per Edwardum 
 T'bwaitSy k Collegio Regin<e. 
 
 Nicot Diftionair. Franc] Di6iionaire Franfois-^ 
 Latin , par M. Nicot ^ Confeillier du Roy. A Paris 
 
 Francifc. Jun. Gloflar. Goth.] Glojfarium Gothi- 
 cum^ opera Fr and fcijunii^ at the End of, Marefchalli 
 Evangeliorum Verftones^ ^c. 
 
 Kiliani Etymol. Teuton. Ling.] Etymologicum 
 feutonicce Lingua , ffue Didfionarium I'eutonicp-Lati- 
 num^ Studio Cormlii Kiliani. 
 
 Ven.
 
 A Catalogue of the Authors 
 
 Ven. Bede.] Hi fl or its Eccleftajiic^ Gentis An^O' 
 rum Lihri quinque^ a Venerahili Beda^ fcripti. 
 
 Olaus Verelitis Index.] Olai Fereli Index Lingues 
 Veteris Scytho-Scandka Ji'ue Gothics. 
 
 Lexicon Iflandicum.] Lexicon IJlanfiicum^ Jive Go'* 
 thica Runa^ vel Lingua Septentrionalis Di^ionarium^ 
 Author € Gudmundo Andrea IJlando. 
 
 Lambard's Saxon JL.aws.] Archaiommia^ five de 
 Prifcis Anglorum Legibus j Gulielmo Lamhardo inter- 
 prete. 
 
 Spelman's GlofTary.] Gloffarium Archaiologicum ^ 
 Authore Henrico Spelmanno. 
 
 Menage Origin. Franc] Di5lionairc Etymologyque^ 
 ouy Origines de la Langue Fran^oife^ par Mr. Menage, 
 A Paris. 
 
 Menage Origin. Ital.] Le Origini della Lingua, 
 Jtaliana^ compilate^ Dal Sr. Egidio Menagio. In 
 Ceneva. 
 
 Fontanini Vind. Antiquorum Diplomatum.] Ju' 
 fit Fontanini , Vindicia Antiquorum Diplomatum* 
 Roma, 
 
 iElfrick's Saxon Gram.] Mlfrici Grammatica Sa* 
 aonica. 
 
 Chronicum Saxonicum. ] Chronicon Saxonicum^ 
 per Edmundum Gihfon^ ^ Collegio Regina. 
 
 Chronologia Saxonica.] Chronologia Anglo-Saxo*- 
 aica^ cum Latina Verfione 5 Studio Abrahami Wheloci. 
 
 Alfredi Vita. ] Alfredi magni Anglorum Regis In* 
 ijiUijfimi Vita. 
 
 Cotgrave Di6t.] A French- Englijh Didlionary 
 compiled by Mr. Randle Cotgrave. 
 
 Cambden's Britt.] Cambden's Brittannia. 
 
 Fortefcue de Laud.] Fortefcue de Laudibus Legum 
 Anglia. 
 
 Du
 
 quoted in the Remarks, 
 
 : Du ChefneHiftoired'Angleterre.] Htfloire d" Jn->> 
 gleterre , ^ar Andri du Chefne Hijioriographe de 
 France. 
 
 Hickes's Saxon Gram.] Grammatica Jnglo-Saxo^ 
 nica^ Au^ore Georgia Hickefto. 
 
 BoetHius de Confolation. Philofoph. Saxonj An. 
 Manl. Sever. Boethl ConfoJationis Philofophice ^ Lihri 
 quinque Anglo- S ax onice redditi ah Alfredo. 
 
 Benfon's Vocabular. Saxon.] Vocahularium An- 
 glo-Saxonicum 5 Opera 'Thoma Benfin e CoUegio Re* 
 gina. 
 
 Mrs. Elftob's Saxon Homily.] An EngUJh-Saxon 
 Homily on the Birth-day of St. Gregory^ hy Mrs, 
 EUz. Eljiob. ■ '^i 
 
 Lifle's Saxon Monuments.] Divers ancient Mo^ 
 numents in the Saxon 'tongue^ by William Lijle. 
 
 Fox's Saxon Gofpels.] 'The Gofpels of the four 
 Evangelifis^ tranflated into the vulgar 'Tongue of the 
 Saxons^ by Mr. John Fox. 
 
 Chron. Preciof.] Chronicon Preciofum ^ or an Ac- 
 count of Englijh Money ^ for the laji 1600 Tears, 
 London ijoj. 
 
 Torriano Ital. Di6i:.] Vocabolario Italidno Cs? In- 
 glefe^ byGio. Torriano. 
 
 Selden's Tit. Hon.] Titles of Honour^ by Mr. 
 Selden. 
 
 Wallis Engl. Gram.] Johannis Wallis^ Gramma-* 
 iica Lingua Anglicans. 
 
 Madox's Hift. of the Exchequer.] The Hiflory 
 and Antiquities of the Exchequer^ by Mr. Madox. 
 
 Spelman's Saxon Pfalms.] Pfalterium Davidif^ 
 JjatinO'Saxonicum vetus^ a Johanne Spelmanno, 
 
 The
 
 
 'm 
 
 The SJXO N-AL PHABET. 
 
 Figure. 
 
 A 
 
 B 
 
 E 
 
 D 
 
 € 
 
 F 
 
 13 
 
 J> 
 
 I 
 
 K 
 
 L 
 
 <P 
 
 N 
 
 O 
 
 P 
 
 R 
 
 8 
 
 T 
 
 D 
 
 U 
 
 rp 
 
 X 
 Y 
 
 Z 
 
 Power. 
 
 a. 
 
 j1 
 
 b. 
 
 B 
 
 c. 
 
 C 
 
 5. 
 
 D 
 
 e. 
 
 E 
 
 F- 
 
 F 
 
 S- 
 
 G 
 
 h. 
 
 H 
 
 1. 
 
 I 
 
 k. 
 
 K 
 
 1. 
 
 L 
 
 m. 
 
 M 
 
 n. 
 
 N 
 
 o. 
 
 O 
 
 P- 
 
 P 
 
 P- 
 
 R 
 
 r- 
 
 S 
 
 r. 
 
 r 
 
 =6>. 
 
 rn 
 
 u. 
 
 u 
 
 P- 
 
 JV 
 
 X. 
 
 X 
 
 y- 
 
 r 
 
 2- 
 
 z 
 
 a. 
 b, 
 c. 
 d, 
 e. 
 
 /. 
 
 g- 
 b. 
 
 i. 
 
 k. 
 I. 
 m. 
 n. 
 
 0. 
 
 P^ 
 r. 
 
 /• 
 /. 
 
 tb, 
 
 lU, 
 
 ^• 
 
 y- 
 
 z. 
 
 7%e EngUJhSaxons write "3 for an& j and "f for 
 ^aec or ^ar. 
 
 FINIS.
 
 An INDEX of the Words 
 glofled, and of the Matters 
 contain d in the whole Work. 
 
 A. 
 
 AGEYN. Page 30 
 Alderman, Ealdorman, 
 one of the highefi Titles a- 
 mong the Saxon Nobility. 
 
 Aldermannus totius Anglias, 
 Chief Jufi ice 0/ England. 64 
 Alhallow'j Berkin, the Etymo- 
 logy of it. Pref. Ixxvi 
 Aller, or Alder good. 144 
 Aller beft, omnium optimus. 
 
 ibid. 
 
 Almayn. 23 
 
 Ambaflador, the meaning and 
 
 derivation. 47, 49 
 
 Amortyfe. 140 
 
 Ancient Demefn. 70 
 
 Antemes. 144 
 
 Arms, by the Saxon Laws e- 
 
 *very Freeman was bound to 
 
 find himfelf with Arms. 1 1 
 
 Arragoners. 25 
 
 Arraignment, Arraign, Arrai- 
 
 foner, the meaning thereof. 
 
 128 
 To Arrain an Jffize^ or to Ar- 
 rain a Prifoner j to Derain, 
 Defrener j the Jignification 
 and derivation thereof. 128 
 Arramare, Arramire, Arrama- 
 tus, Arramir, the meaning 
 of them. 1 27 
 
 Arramare Aflifam, Arramare 
 
 duellum ; what. ibid. 
 
 Arrayed, Array, Arroy, Def- 
 
 arroy, the derivation and 
 
 Jignification* i z6 
 
 Artyd. 22 
 
 Aflignments. . ' 34 
 
 Axen. 1 34 
 
 Ayenfte. pj 
 
 B. 
 
 Balium, Balia, Ballium, the 
 
 meaning and derivation 
 
 thereof. 125 
 
 Baudericks, Belts. f r 
 
 Bayly-weke, Bayly, Bailiff^ 
 
 Baillivus, from whence de^ 
 
 riv'd, and the fever al figni^ 
 
 fications thereof. 125 
 
 Beame, Bohem. 92. 
 
 Befatt, Befitr. 84 
 
 Behoveful, Behoof. 38 
 
 Bere, Beer, Bere-corni Barn, 
 
 Bcre-tun, Barton. 5*7 
 
 Beth, Beoth, Ben. 10 
 
 Bilhoprick, its Derivation, 
 
 141 
 Boundyn. ff 
 
 Brochage. 106 
 
 Broggars, Bragard, Brageur. 
 
 Mr 
 
 Broker, anciently an Employ 
 
 of Credit; differs from a 
 
 Pawn-broker^ which is not 
 
 M ejieem'd
 
 INDEX. 
 
 efieem'd an honefi 7'rade. 
 1065 107 
 
 Brute. 1 2. 
 
 Bullion, Billion, from whence 
 derived. 1 1 f 
 
 Burrough, Burg j its Anti- 
 quity. 65* 
 
 Ihe difference between a City 
 and Borough. 66 
 
 But, Boat. . 18, I p 
 
 But if. ^^^>"^^'i«*t p5 
 
 h.^ C. 
 
 Ohancc-medley, vid. Homi- 
 cide per Infortunium. 
 
 Caryks, Carracks, Caracca, 
 Carica, Carricare, Carofla, 
 Carofle, Carrus, Cargo. 
 
 • OttJit. P7 
 
 'Chefter, Ceafter, a termina- 
 tion of the Names of "Towns 
 and Cities , their original 
 > derivation. 66 
 
 '^Chevefaunce, Chevance, Chi- 
 vancia, Civanza, ^3 
 
 C>hirk, Cyrick, Kyrk. jj 
 Church-feed, Church-fcott; 
 the meaning of it^ ibid. 
 •^Oity, Cyte;yo::)ii . .;, 6^f 
 City of London 5 ifs firfi 
 Charter was in the Saxon 
 Tongue. ^8«i^ ibid. 
 
 i^^Clerk of the Rolls ^ vid. Rolls. 
 Q>C\tvks of the Chapel. 137 
 Cf>in, among the Saxons, a 
 trite State of it. 80 
 
 r jd Saxon Thrimfa, Mancus, 
 a4js H)ra, Sceat, and Stica, what 
 '■'"'• they were. 8i, 83 
 
 M'hat a Saxon Pound was^ 
 
 >*% 
 
 and the difference between 
 that y and an Englifli Pound. 
 
 ji Saxon Shilling was five 
 Pence only^ but a Penny 
 Saxon was three Pence En- 
 glifh. ibid. 
 
 Conftable, derived from the 
 Comes ftabuli, a great Of- 
 ficer in France. 130 
 
 Conftable of England , firfi 
 made in William the Con- 
 queror's time, and laid a- 
 fide by Henry VIII. 131 
 
 Conftables o/C^7?/^j. 130 
 
 Conftabulariuft ^ ^ j Scaccarii , 
 what. 'Vi^r^.'- 131 
 
 Conftitution of England, not 
 jibfolut^ey Jiff , (gi^ fAfonar- 
 chical. 5^i^5j^^ .,,\^ .-rxxxiv 
 
 The Excellency of it. 
 
 ibid. & XXXV 
 
 Convocation ; Kings of En- 
 gland fend CommiJJioners to 
 fit and prefide there, 48 
 
 They have fometimes fat there 
 in Per [on. ibid. 
 
 Coronation Oath, vid. Oath. 
 
 Counties, and divifion of them^ 
 vid. Shire. 
 
 County, Hundred, and Bo- 
 rough Courts, when to be 
 held by the Saxon> Laws. 
 
 In the County Court fat the 
 Bifijop and Earl together^ 
 where the Spiritual and Ci- 
 vil Power affiled each o- 
 tber, __ ibid. 
 
 , Thefe
 
 r N D E X. 
 
 Thefe Courts of much greater 
 
 '^^^jintiquity than thofe of 
 
 " ^eftminfter-hall. ibid. 
 
 Courts of Weftminfter-hall, 
 
 '^y^when firfl ere^ed. 20 
 
 Creaunce, Creancicr; . 32 
 
 Criften. 5/361 
 
 Culprit J how wilt thou he 
 
 :4ried? the Jignijicaticn and 
 
 '--^derivation thereof. I2p 
 
 httcT^^tf^^WJm Pkdges. 
 
 Dele, Dole, Dowl, from 
 whence deri^fd. 1^3 
 
 Demayn, Demean, Domain, 
 from whence derived. 70 
 
 Derain, Defrener, Dirationa- 
 re, Difrationare, Defraifo- 
 
 ^- -^ner, the meaning and origi- 
 nal thereof . 128 
 
 Difcrivyd, defcrlVd or taxed. 
 
 - t. i iii}.:^r^.y 120 
 
 DifmejDifmfe Qtrinquennellc, 
 
 1'axes fo caWd. P4)P5'5 
 [and vid. 'faxes. 
 IJo make. 4f 
 
 Dome, Dom, Kyngdom, Bi- 
 
 ihops-dome, Wifciome. 28 
 Domefday-Book , begun in 
 
 William the Conqueror's 
 
 time. ^^' Hi.K,^.y 2,9 
 
 How the Kin^s Vaffals are 
 defcriVd , in Domefday- 
 Book. 70 
 
 Dominus 6c Domina Anglo- 
 rum, are ufed to ftgnify 
 King and ^een of Eng- 
 land. Ixxiii 
 
 Fram the Reign of King John, 
 
 to that of Henry VIII. the 
 
 Kings of England ufed the 
 
 7'itle of Lords of Ireland. 
 
 Ixxiv 
 
 Dufeperys, Dues & Pairs. 
 
 E. 
 
 Earl, from whence it is de- 
 riv d. 6t 
 
 7'he mofi ancient Title of the 
 ISiobiMty came from the SiiX" 
 ons. ibid. 
 
 Earl fometimes figniped a 
 Prince. oioi \^:^/^i^64f 
 
 Englond, Engla-Land. p8 
 
 Englifh Language.^ William 
 the Conqueror .^ to extirpate 
 it, made a Law to ha've 
 all Pleadings in French. 
 
 Reftofd by A3t of Parliament. 
 
 ibid. 
 
 Erthe, Eorth. .'ionfoK* 79 
 
 Efchewe. i of 
 
 Efchequer, from the old Nor«- 
 
 man word Efchequier, the 
 
 Name of a Soverain Court 
 
 in Normandy. 117 
 
 Efquire, Efcuyer, Efcutche- 
 
 oUjEfcu. 21 
 
 •Fayner, fain. 36 
 
 Farm, Firma, from the Saxon 
 
 Feorm, Food or Meat. 139 
 Firma unius No^is; i. e. 
 
 Provifion for ont Night. 
 
 ^he feveral meanings of the 
 
 word Firma« ibid. 
 
 Fees, i '.^i^'" • 42 
 
 M z Fcld
 
 I N D E X. 
 
 >?Felowfhip, Felagus. 1 1 
 
 Fifchars, Fife^ FiJIj. 4f 
 
 Flote, Fleet. 44 
 
 Forfothe. 87 
 
 ^ig Fortcfcue , Sir Adrian, in 
 n( Henry Vlll'i time^ had the 
 ,bi MS. Copy of this Book. 
 ^ XXX vii 
 
 i^Fortefcue, Sir John, the un- 
 ^ doubted Author of this Book. 
 ^^-^ tit ^»u■ . -AN ^3-s • xxxviii 
 
 s^^He was madiihe King^s Ser- 
 ^i i jeant in the 8^^ Year of 
 -j^ j.?Henry VI, and in the 20^^ 
 'J^\Tear made Lord Chief Ju- 
 ^^Z ftice 0/ England. ibid. 
 j^^He continual Chief Juftice of 
 ^-^- England about twentyYears^ 
 3P and then made Lord Chan- 
 ^, cellor. xxxix 
 
 ,j^jHis Salary was augmented 
 <x^> Jwice for his Services^ and 
 ^\%.rr:^as ^^//W Chief Counfellor 
 jjj. of the King. ibid. 
 
 ^^His Pedigree and Defcent^ li- 
 neally from Sir Richard 
 ^^, Fortefcue, who came in 
 ^^ with William the Conque- 
 ror. . xl 
 \ Be fides this Treat ife, and that 
 '^^^ de Laudibus Legum An- 
 ^y glise, he was Author of fe- 
 jjiy > "veral other Pieces hereafter 
 j^j 5,</i? be publifh^d. xli 
 ^^Frank , a Piece of French 
 ^t^,, Gold Coin, and the fever al 
 
 ^^rcnch 5 Law French, the re- 
 fufe only of the French 
 tongue. « - liii 
 
 t:\ 
 
 Not underflood by the French 
 themfeh'es^ nor of any ufe 
 but to ferve as J Mark of 
 our Slavery^ '/9 ^he Nor- 
 mans, '-^'ly^ ibid. 
 
 To publip Reports in Law - 
 French is abfurd., and in- 
 jurious to the People of 
 England. liv 
 
 Full, a termination^ as Man- 
 ful 37 
 G. 
 
 G, the Letter, how ufed in 
 Saxon. 26, 27, f f 
 
 Gabel, Gabelle > the Deriva- 
 tion and fever ^l Senfes 
 thereof ' '^ " ' Jt^jz 
 
 the Gabel of Salt in France, 
 when fir ft in ufe, and how 
 imposed. ''^ -'^^- " ibid. 
 
 77je Gabell of Wines in 
 France, r^//V Quatriefmc, 
 what it was. /'' ' 75 
 
 Gaftful, Agafi. 4 
 
 Gavelkind, the true Etymolo- 
 gy and Nature of it. 72 
 
 Geders. "^ 17 
 
 Genob, Ynough. 14 
 
 Gild, Gilda, Gildonia, Gil- 
 dare, Gild-Hall, Gilda 
 Mercatoria, 26 
 
 Villa de Gippo, & Villa dc 
 Gippo-vico, no variance, 
 but a tautolv^ only. Ixvi 
 
 Goodly. ' ^l*; i 31 
 
 Guft, Geft, orGuti^, the an- 
 cient meaning of it. hoLv'ii 
 
 Gyfe, Gyfcn. j* 
 
 Gyls. ^ 5 
 
 Harncfs,
 
 I IJI 43 E X. 
 
 H. 
 
 ^■vJIarnefs, Harnefium, Har- 
 
 \^ -,; ncfch. 91 
 
 ..ir&arrow o'the Hill, the Ety- 
 
 l\^' mology of it. Ixxvi 
 
 Hem. *..<. 4 
 
 NvHeretoga, Heretochii, Here- 
 
 ^k^ toches, the meaning and de- 
 
 vH rivat ion thereof . 63, i^i 
 
 .5<jHcriot, tbj^ (derivation, qf it. 
 
 ' u4\ Ivii 
 
 // differs from a Relief, not 
 < .. i i^P'n^^fli^^^ ^he Saxons. 
 
 '^'7 ■^S" ^5 !'^'^ IVUI 
 
 Jy,,jflogenhyne, or Agenhyne, 
 ,.-\.. the meaning of it. Ixxvii 
 rjJHoly, Wholly, Hole. 76 
 .,^omicide, ex neceffitate, per 
 J.^,^^,. I;;jfbrtupium, & fe defen- 
 ^\ i^^.^Qndo^ their true original 
 
 .•art 
 
 . and great antiquity before 
 
 the Conqueft. Ixiv 
 
 ■Honour, 'Titles of Honour, 
 
 ^ vid. Nobility. 
 
 * Hofyn, Houfen. 19 
 
 '^Hufting, the original meaning 
 
 and derivation of it. lix 
 
 ^Jakkes, Jaque, Jaquette, the 
 '^'' derivation thereof. %% 
 
 Jaque de Mail. ibid. 
 
 Judges of England, by ancient 
 Oath^ are to determine 
 Caufes according to the an- 
 cient Laws of the Kingdom. 
 
 US'' "''"f5k'f -' 'T' " 
 
 '^J"C ■:.... xii 
 
 Juries, Juryman, the antiqui- 
 ■ ty thereof, 5-6 
 
 Juftice, Chief J ufl ice <>/ Eng- 
 land. 64 
 K. 
 King, Cyning, or Coning, 
 from whence deriv'd, p 
 Duty and Office of a King, 
 in the Opinion of the Saxon 
 Church. ibid* 
 Y^n^iwc., from the Saxon Cnapa, 
 a Boy^ or Lacquey. 41 
 Paul,<« Knave ofjefus Chriff^ 
 no where to be found in the 
 New Teftament. 41 
 Knight, Cniht, never ufed in 
 the fame fenfe as Miles, a^ 
 mong the Saxons, but ftgni- 
 fied a Servant. stn.'ii .41 
 In a MS. Tranjlation of the 
 Revelations, is found thefe 
 words 5 To his Cnight 
 John, Rev. i. i. 41 
 Knights of the . Shire ^ i. c. 
 who ferve in Parliament for 
 that Shire^ tho'' not really 
 Knights. 41 
 Kynne, Kindred, 'to^^'i^ 2 
 i.. ■■-•■ T 
 Laceny, /. e. Larciny, the 
 , derivation of it.' * 'a*^^ ftx> 
 L^dy, from the Saxon HIafdy, / 
 which anciently Jtgnified\ 
 §ueen-Confort , ^ueen- 
 Dowager and §ucen Reg- 
 nant. . hiyim 
 Maud the Emprefs^ when in 
 Poffeffion^ calN Lady of the 
 Englifh. ibid. 
 So Lord, propter Excellenti- 
 am, li^as and is fiill ufed 
 to fignify King. 
 
 ibid. & Ixxiv 
 Language
 
 INDEX. 
 
 Language Saxon, vid. Saxon. 
 
 Language Englifh, vid. En- 
 glifh. 
 
 Law} the Laws among the 
 Saxons, both Statute and 
 Common^ were called Dome 
 and Domas. 28 
 
 Statute Book , and Reports of 
 the Saxons, called Dome- 
 Book, ibid. 
 
 Law , Laga , Seaxen-laga , 
 Mercen-laga , Dane-laga , 
 
 Engla-Iaga. xxiii 
 
 Lagamannus. ibid. 
 
 Hjbe feveral Species of Laws , 
 
 ^"and the true Notion and 
 Nature of a Law. ii 
 
 ^e Excellency of the Law of 
 
 -^England. iv 
 
 As certain, as any other hu- 
 man Law. ibid. 
 
 Law is capable of Mathemati- 
 cal Demonftration. v 
 
 ^e Divine Law, and the Law 
 of Nature. i, ii 
 
 Common Law allows of no 
 Proofs by Depojitions. x 
 
 l^e Nature of Common Law. 
 ' xxxviii 
 
 Common Law, as ancient as 
 '?/ mofl Laws in Europe, and 
 is the fame in Suhftance'as 
 anciently it was. 
 
 xiv, xviii, xxii 
 
 There are now extant Laws in 
 the Englifh-Saxon Lan- 
 guage^ about eleven hundred 
 V Tears bid. xvii 
 
 ^^■^CoDWnoa Law of England, 
 
 firfl begun in K. AlfredV 
 Reign ^ who was calPd y 
 Magnus Juris Anglicani 
 Conditor. Xviii 
 
 Common Law of England, 
 called in the SaxonV time, 
 the Folk-right, or Peoples- 
 right. XX 
 
 Edward the Confeffor not the 
 firji Compiler of the Co«?- 
 «?o« Law 0/ England, xxiii 
 
 Common Law, not abolifh''dj 
 but confirm d by William 
 the Conqueror, and his Suc- 
 cejjors. xxvi, xxviii 
 
 Laws of William the Con- 
 queror couched in Saxon 
 Terms. xxvii 
 
 Magna Charta, the Subfiance 
 of it derived from Edward 
 the Confeffor'* s, and other 
 Saxon Laws, xxviii, xxix 
 
 Is only a Rejiitution of the 
 Common Law. ibid. 
 
 Germany, the common Mother 
 of mofi Laws in the JVe- 
 fern Parts of Europe. 
 
 xxxi 
 
 ^he Salick Law, thought the 
 mofi ancient of any. xxii 
 
 // has many Names of Officers 
 and other terms, in com- 
 mon with the Law of Eng- 
 land, ibid. & xxiii 
 
 Lex Almannorum, Bavario- 
 rum & Francorum . xxxiii 
 
 Lex non fcripta, had its 
 
 rife from the German Laws, 
 
 ibid. 
 
 the Ten Commandments were 
 
 made
 
 INDEX. 
 
 made part of the Law of 
 England., in the Saxon 
 ^imes. xlix 
 
 Law French, vid.* French. 
 Lawyer. f6 
 
 Lcfe. 134 
 
 Liketh. 147 
 
 Lift. 117 
 
 Lordfchipis, Lordfiip^^. , 8^ 
 
 Magna Charta, vid. Law. 
 Magre, Malgre. jf 
 
 Mail, Mall, Pall Mall. 89 
 Maille, Mail, Coat of Mail. 
 
 ibid. 
 Maille de Haubergcon. ibid. 
 Manafyd. 4 
 
 >Mannys, Man. f 8 
 
 Manflaughter, the 'Term, and 
 Notion, to be found among 
 the Saxon-iL^wj. Ixi 
 
 The difference between Mur- 
 der and Manflaughter, of 
 great antiquity. Ixii 
 
 The original from the Ger- 
 man Laws^ Ixiii 
 Marches. 45 
 Mark, the ancient value and 
 the feveral forts thereof. 
 
 ^/ Mary OverV, the true de- 
 rivation of it. Ixxvi 
 
 Mafter of the Rolls , vid. 
 Clerk of the Rolls. 
 
 Maud, the Emprefs, took up- 
 on her the Title of ^een, 
 by the Name of Domina 
 Anglorum, or Lady of the 
 Englifli. Ixxii 
 
 May, Might and Main, 
 
 May alieiv. ^oXi^f^^s^rmnSf 
 
 May do. HafonH )t> i3« 
 
 Mich, Mickcl. ' -jf 
 
 Month, from whence deriv d^ 
 
 and the feveral Names of 
 
 the Months given by the 
 
 Englifh- Saxons. ii5 
 
 More part, 14 
 
 Mortmain. 140 
 
 Mot, Mout, Mowt, Mowe. 
 
 Murder, fife d^^vat ion of the 
 Word. ^ ^ j-p, Ix 
 
 The antiquity and ufe of it, a^ 
 mong the Goths, Germans, 
 Danes, and other Northern 
 Nations* Ix 
 
 Murdrator, Laws concerning^ 
 Murder in Edward the Con^ 
 f efforts time. li 
 
 N. 
 
 Nam, Name, Namps, Na- 
 mium, the true meaning 
 and JQ^ri^afion. 
 
 * V^^- ,,.r t^lix, and li 
 
 The true difference between 
 Vetito Naj^c^, and Wi- 
 thernam, f^ ,>. \and\i 
 
 Ne, Not, Na, Noht. . rf 
 
 Nede. ^8 
 
 Negation, the nature of it in 
 Entities* 16 
 
 Negatives, the Saxons ufe 
 two,fometimes three, fome- 
 times four Negatives, to 
 deny more fir ongly. if 
 
 An odd number c/ Negatives 
 denys 5 and an even number 
 of Negatives al^^yiafirms. 
 
 Nembroth.
 
 INDEX. 
 
 Nembroth. 8 
 
 Nobility, the Names and Ti- 
 tles of Honour among the 
 Saxons. 6l 
 
 The Prince, and all the King's 
 Sons were called MxhtWngy 
 Clito, (^c. ibid. 
 
 O. 
 Oath, Coronation Oath, xxvi 
 In the ancient Coronatiofi 
 Oath, the Laws 0/ Edward 
 the Confeffor are exprefly 
 mentioned, xxviii, xxix 
 Or, Ere. 3$-, 10; 
 
 Owyd. 84 
 
 P. 
 Panyms. 3 
 
 V-2iX\\%xi\tv\X^Commons 0/ Eng- 
 land were part of it in the 
 t'time of the Saxons. Ixxviii 
 5"/. Paul, l>y the Saxons fet a- 
 ■ bcue St. Peter. Ixviii 
 
 Penny, Penningus. 80 
 
 Popery, /r^w the Saxon L«wj 
 and Homilies.^ appears to be 
 a new invented things at 
 its heighth in William the 
 Conqueror's Time. Ixx 
 
 Port Reeve, the derivation of 
 it. 6y 
 
 Lord Mayor of London, an- 
 ciently call d Vox t-Kecve. 
 ibid. 
 Prayers, the Saxons had fe- 
 ven fet times ^ for public k 
 Prayers in a Day. 143 
 Prince of W ales' j Motto , 
 Ich Dien, the meaning of 
 it. 41 
 
 Procurators, Mejfengers. 48 
 
 Procurator Rcgni & Ref- 
 
 publicx. ibid. 
 
 VvoxiesfindCommi^aries. ibid. 
 
 Prys, Pyrfe. 34 
 
 Quaterymes, or Quatriefmes, 
 a Tax on fVines in France. 
 
 Queen, Quen, the original de- 
 rivation .^ and the fever al 
 fenfes thereof. 70 
 
 Queen was fometimes exprefs'd 
 by Lady^ or Hlafdy, among 
 the Saxons. Ixxiii 
 
 Qainflmes. . 93 
 
 R. 
 
 Rationare, Raifoncr, ad ra- 
 tionem ponere, the mean- 
 ing thereof. 128 
 
 Realme, Reaumc. 7 
 
 Rede, falfiy wrote.y Read, its 
 meaning, Ixx 
 
 Right feld. 99 
 
 Riht , Right ; Right-wife, 
 Right-worfhipful, Right- 
 reverend, Right-honoura- 
 ble. , 3f 
 
 Rekenyd. 46 
 
 Remenaunte. 60 
 
 Renne, Ryne, Rhine, the de- 
 rivation and meaning there- 
 of. 104 
 
 ReXjReix, Rice, Ric, Rich. 
 
 8 
 
 The River Rhyne, from 
 whence it is derived. 104 
 
 Rolls, Clerk or Alajier of the 
 Rolls, his Title and Office. 
 118, up 
 
 His
 
 INDEX. 
 
 His Houfe caWd Domus Con- 
 vcrforum , gi'ven by Hen- 
 ry III. to the converted 
 Jews. up 
 
 Before Henry VI IV time calVd 
 Clerk 0/ ?/:;^ Rolls. ibid. 
 
 Rovers, Robbers^ Pirates^ 45* 
 
 Rudmas-day, the meaning of 
 it. Ixv 
 
 S. 
 
 Sabbath, a Slave working on 
 that day was made Free ^ 
 and he that was Free became 
 a Slave, xlvii 
 
 If a Priefi offended^ he was 
 to be punijh'd doubly, ibid. 
 
 Saxon Coin^ and Money ^ vid. 
 Coin. 
 
 The Saxon Language., Mother 
 of the Englifh Tongue, xlii 
 
 Vfeful^ to explain the 1'erms 
 of the Lawy and many other 
 Terms. ibid. 
 
 ^e ExpreJJivenefs of this 
 Language. xliii 
 
 Like the Greek in Compounds. 
 
 xliv 
 
 Saxon Language ufeful^ as 
 well as ornamental. xlii 
 
 Necejfary to Lawyers, ibid. 
 
 Schepe. 2f 
 
 Schewydj Scheryd. 74 
 
 Scle. 10 
 
 Scotland, fignified antiently 
 Ireland as well as Scotland. 
 
 99 
 
 Scots, the derivation of the 
 
 Word. ibid. 
 
 Duns Scotus,/<?^^V to Death 
 
 with Penknives by his Scho' 
 lars. ibid. 
 
 Scotia, from Scythia. 100 
 
 The Scriptures tranflated^ by 
 Saxon Kings and Prelates^ 
 into their own Mother 
 Tongue^ and enjoin' d by 
 Law to be taught in Eng- 
 lifh above 700 Tears ago, 
 Ixix 
 
 Scute, or Ecus d'Or, Skutes 
 of Gold^ what they are. 21 
 
 Scutum, Efcu, Efcuyer, Scu- 
 tifer. ibid, 
 
 Scythia, the derivation of it. 
 
 ibid, 
 
 Seld, Selden, Selten, Unfel- 
 den. 18 
 
 Serples, Mantles. fi 
 
 Sheriffs, High-Sheriffs^ whaty 
 and from whence derived, 
 
 64, 112 
 
 Shields, covered with Leather 
 in time of Saxons. 22 
 
 Ship, a termination^ as JVor- 
 Jhip^Mdermanfhip^^Ci. 57 
 
 Shire, from whence derived. 
 1 1 2, 1 1 J 
 
 Divijion 0/ Shires or Counties^ 
 was long before King Al- 
 fredV time. ibid. 
 
 To Sing, fignified alfo to pray^ 
 among the Saxons. 142 
 
 Sithen. 4 
 
 Sone. 60 
 
 Sowdan, Souldan, Sultan, 79 
 
 Steward, a Compound of two 
 Szxon Words. 130 
 
 Sum, Some, the derivation i 
 
 JomC'
 
 INDEX. 
 
 fometlmes a termination^ as 
 lonefome^ light fome^ 6cc. 20 
 T. 
 'the Letters^ th, how ufed^ and 
 exprefs^d in Saxon. 60 
 
 Taxes, Talys, Tail. 2, 84 
 Quinfimes, or Fifteenths of 
 all Moveables granted in 
 1 8^*^ Edward I. P4 
 
 A Tenth of all Tcjnporals^ and 
 a Moiety of Benefices^ grant- 
 ed in 23'^ Edward I. ibid. 
 A Thirtieth of all temporals^ 
 and a twentieth of all Ci- 
 ties and Burrofghs. ibid. 
 Difme Qiiinquenal, or i?Tenth 
 for five Tears together, pf 
 ^'he ancient way and manner 
 of cuUeclitig Taxes. P4 
 Thane, Thain, among the 
 Saxons, ivhat. 41 
 
 Thani Majores, Thani Mi- 
 nores. <^2, 
 
 Thefes. p8 
 
 Themfelf, Hemfylf. 13 
 
 Thereas. 3^ 
 
 Togeders. 17 
 
 Tru'i Men. 98 
 
 Ty liars. 97 
 
 Tyrant, what it is^ according 
 to the Notion of the Saxons. 
 
 9 
 
 V. 
 
 Verbs Auxiliary, in the Saxon 
 Tongue. d, 7, 10 
 
 Vicar. ' 48 
 
 Villa de Gippo, and Villa de 
 Gippo-Vico, no variance^ 
 hut a tautology only. Ixvi 
 
 Uncouth, the derivation of it. 
 
 Ixxvii 
 
 Unneth, Scarce. 17 
 
 W. 
 
 Warden of the Ports. . 132 
 
 Weregild. 16 
 
 Works, Weorc, Clerk of the 
 Werks j fww vulgarly calVd 
 Works, 44 
 
 Wic, or Wich, the feveral 
 meanings and the true de- 
 rivation thereof . I2f, Ixvi 
 
 Withernam,//^e■y^^'^r^/A/^^»- 
 
 ings and Etymology of it. 
 
 ^C?S^/^- l,li 
 
 Capias in Withernam, ibid. 
 
 Wont, Wonned. 108 
 
 Worfchipful. 37 
 
 Y. 
 
 Yelden, Gylden, Geld, Gelt. 
 
 if 
 
 Yere. 147 
 
 Yielding and paying. 27 
 
 Ynough. 14 
 
 FINIS.
 
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