whence the Verb Cunaere) comes our English word Coyn. Now it is
more than probable, that the Officers of the Chief Mint might by their
exactions upon the inferiour Mints give occasion for the making of
this Law.
Lin. 42. Or Children or Parents.] By Parent here we are to under∣stand
not a Father or Mother, but a Cousin, one a-kin; as the word sig∣nifies
in French, and as it is used in our Laws. And indeed the Latin
word it self began to have that sense put upon it in vulgar speech, to∣ward
the declension of the Empire, as Lampridius informs us.
Pag. 62. lin. 21. A pawn in the scarcity of his money.] That is, if
he were not able to pay his forfeit in specie, i. e. to lay down the money,
he was to give security by a pawn of some of his Goods or Chattels.
See Cowell in the word Gage. This in Latin is called Vadium, a pawn
or pledge, from Vas, vadis, a surety. Hence Invadiare, to pawn or in∣gage
a thing by way of security, till a debt be paid.
Lin. 23. Nor shall he made amends.] From the French amende, in
our Law-Latin emenda: which differs from a Fine (or mulct) in this
that the Fine was given to the Judge, but Amends was to be made to
the Party aggriev'd. Now there were three sorts of this Amende, the
Greater which was like a full Forfeiture, the Mid-one at reasonable terms,
and the Least or Lowest which was like a gentle Amercement. This
distinction will help to explain the meaning of this Law.
L. 30. Per sée de Hauberke.] This in Latin is called Feudum Hau∣berticum,
i. e. Loricatum, sayes Hotoman, from the French word Hau∣bert,
that is, a Coat of Mail, when a Vassal holds Land of the Lord on
this condition, that when he is called, he be ready to attend his Lord
with a Coat of Mail or compleat Armour on. Now Haubert, as Spel∣man
tells us, properly signifies a High Lord or Baron, from Haut or
hault, high, and Ber (the same as Baro) a Man or Baron. And be∣cause
these great Lords were obliged by their place and service to wait
upon the King in his Wars on Horse-back with compleat Armour, and
particularly with a Coat of Mail on: hence it came, sayes he, that the
Coat of Mail it self was also called Haubert; though he doth after∣ward
acknowledge that the word is extended to all other Vassals, who
are under that kind of Tenure. But then at last he inclines to think,
that the true ancient writing of the word is Hauberk (not Haubert)
as it were Hautberg, i. e. the chief or principal piece of Armour; and
Berg he will have to signifie Armour, as he makes out in some of its
compounds, Bainberg Armour for the Legs and Halsberg Armour for
the Neck and Breast: and derives it from the Saxon Beorgan, i. e. to
arm, to defend. Add to this, saith he, that the French themselves (and
we from them) call it an Haubergeon, as it were Haubergium.
Lin. 33. From all Gelds.] The Saxon word geld or gild signifies a
Tribute or Tax, an Amercement, a payment of money, and money it
self: whence I doubt not, but the best sort of money was called Gold.
It is from the Verb geldan or gyldan, to pay. In Latin it is Geldum,
and not Gilda, as Cowell writes it. For this signifies quite another thing,
a Fraternity or Company of Merchants or the like. Whence a Gild∣hall,
that is the Hall of the Gild or Society: such as was once the
Stilyard, called Gildhalla Tentonicorum, the Gild-hall for the Dutch
Merchants from the Hanse-Towns.