.l^EUNIVERy/A O ^^AHvaan-T^ "<^^3^Nv■!y^^•'^ "^/c^iAiNmwv AjslOSAKCn^;* <^^^UBRARYQ^^ ^^^lIBRARYQr O 6 ^•OF-CAllFOff^ ^OFCAllFO/?^ J^/91HVHBI1"^^ 5;^MIBRARY(?/r. ^IUBRARY(V .t^FlINIVFR% ^lOSANCflFT^ ^:lOSAS'Grtfj> 1^1 I 5 1-1! Is •^/■> iHv^fln v."^' ^/> l«VJ^Hil•T^^• ^^^^lUBRARYQr 'Id Bi^^ \\AtUm'f ^OFCAllFOft^ ^^X^EUMIVERy/^ ^10SANCEI% t % >&A8vaan-^^ &AH ^>:lOS-ANCFlfj*^ V/5ajAWrt-3WV" ^^stOS'ANCElfX;^ ^tllBRARYQr § 1 &AHVH8n-^^ >&Aavaain^ ;„\tLIBRAfiYar ^^WE■UNIVER%. ^lOS'ACHax o v< ^^WE-UN1VER% o AlNn-3W^' ^lOS-AKGElfX^ o %H^AIMMV\V ^^^^•UBRARYQ^, ^m yoK^'^nw-^ I \o •s %A1 .ii^. ^t'UBRARYCk K,^HiBRARYQ^_^ ^.;/0JilY3'JO-^ '%OJ11V>JO'^' ,^'rtEtlN!VER5'//v % .vio ^l^F'CAlIFOfi'^ ^OFCAlirO^^ "^■^/?AVJVH3n^^ AWfUNiVER% ^/JA^ivHani^"""' -^fiiri^jv^m^ ^^l•LIBRARYa^: fc - " -■ ^ f ^l-UBRARY^/: v\ ^ J^JL.A^ „^ tC . /r/ J,t„l. /.y /Z'/^.JtU i., //, ,iA..^J .^^^Jl 3/. 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 , 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 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 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^^ 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^&^ 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 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, 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 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 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, /- 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 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 , an2e]- 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 [! 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 Diignus 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^»(?-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 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 ; 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 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/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. 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 / 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 ^''^'^/'■^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> 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

. 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 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, 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/ 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,/ o ^^lUBRARY^^^ s^^^lIBRARYQr^ ^OFCAnF0/?;(^ ^.OFCALIF0% fVS' "^^AHVSflll-^^ "^r5AHV«gmS^' ^^vXVlIBRARYCk^ ^.^IIIBRARYQ^ £1 Mi \WEUNIVER% ^lOSANCflfj: WvM!BRARY<5/ %a] \iN!i jwv"^ %)jnvojo'i^ •^ii/OJIlV^JO"^ ;lOVAVGElfj> o § 1 lr~^ "a: i? ■^Aa3AlNil3WV^ %OJ1IV3JO^ '^ ;,.Of'fAl!F0% % A'i^EllNIVFRJ'/A ^mmius^ ^vjF'CAiiFOfi'^ ^.' ,^^lOSAKCllfX>>. 1^: ■%a]A!N'[llWV"^^ ^iOS-.V^Crii^ -< ^ ^ ') u3 I u ic ^OJIIVJJO^ -'•''/VMA|Nn'5\ft' ^n'mmtr^_