The reverse or back-face of the English Janus to-wit, all that is met with in story concerning the common and statute-law of English Britanny, from the first memoirs of the two nations, to the decease of King Henry II. set down and tackt together succinctly by way of narrative : designed, devoted and dedicated to the most illustrious the Earl of Salisbury / written in Latin by John Selden ... ; and rendred into English by Redman Westcot, Gent.

CHAP. VI.

Pag. 60. lin. 17. Being Lord Chief Justice of the whole Kingdom.] In the Latin it is thus expressed; totius regni placitator & exactor: where I confess the former title of the two gave me the occasion of my mistake, as if he had been Chief Justice of the Common Pleas: whereas I should rather have rendred it thus; who had been (to wit, in King Rufus his time) Pleader or Demander and Receiver of the Kings duties throughout the whole Kingdom. For such an Officer this Exactor regius was, other∣wise called Grafio. See Spelman upon both those words.

Lin 39. In the times of the Saxons a Hereot.] This at first was atri∣bute given to the Lord for his better preparation towards War; but afterward though the name were kept, the thing was altered, being taken for the best Chattle, that the Tenant hath at the hour of his death, due to the Lord by custom, be it Horse, Ox, &c. That Hereot and Re∣lief do not signifie the same thing, appears by this, that they are both often found to be paid out of one and the same Tenure, and again that the

heir alway succeeds into the Estate upon the payment of the Relief, but not alwayes upon the payment of the Hereot.

Lin. 42. In French is called a Relief.] From the Verb Relever, to raise again and take up the Estate which had faln into the Lords hand by the death of the Ancestor. It is a summ of money, which the new Homager, when he is come to age, payes to the Lord for his admission or at his entrance into the estate. Whence by the old Civilians 'tis cal∣led Introitus, and in Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. This summ was moderately set; wherein it differed from Ransom, which was much more severe. The Kings rates upon his Homagers were thus: An Earls heir was to give an hundred Pounds, a Barons an hundred Marks, a Knights an hundred Shillings at most; and those of lesser estate less, according to the anci∣ent custom of their Tenures: as Spelman quotes it out of the Charter of Henry the Third.

Pag. 61. lin. 11. Of the greater Uavasors.] They were a sort of Gentlemen next in degree to the Barons. They did not hold immedi∣ately of the King, but of some Duke, Marquess or Earl. And those that held from them again, were called Valvasini, or the lesser Vavasors. There is little certainty what their Offices or Priviledges were, or in∣deed whence they were so called; whether qu. ad valvas stantes, or valvae assidentes, for their sitting or standing at their Lords door, (if those of that quality did so) as some would have it; or that they kept the doors or entrances of the Kingdom against the enemies, as Spelman sayes; or whether from Vassalli, as the Feudists derive the name, from that inferiour Tenure they had mediately from the King by his great Lords; which seems the more likely, because these greater Vavasors, who did so hold, are sometimes termed Valvasores regii and Vassi domi∣nici, that is, the Kings Vassals.

Lin. 27. Her Dowry and right of Marriage.] In the Latin it is dotem suam & maritagium. Now Dos is otherwise taken in the English, than in the Roman Laws; not for that which the man receives with his Wife at marriage, a Portion: but for that which the Woman hath left her by her Husband at his death, a Dowry. And Maritagium is that which is given to a Man with his Wife, so that 'tis the same as Dos among the Romans, saith Spelman. But that is too general, I think, that the man should be obliged to return at his death all to his Wife that he had with her, beside leaving her a Dowry. I am therefore rather inclined to Cowell, who tells us, Maritagium signifies Land bestowed in marriage; which, it seems, by this Law was to return to the Wife, if her Husband dyed before her. The word hath another sense also, which doth not be∣long to this place, being sometime taken for that which Wards were to pay to the Lord for his leave and consent that they might marry themselves, which if they did against his consent, it was called For∣feiture of marriage.

Lin. 35. The common Duty of Money or Coinage.] So I render the word Monetagium. For it appears, that in ancient times the Kings of England had Mints in most of the Countreys and Cities of this Realm. See Cowell in the word Moniers. For which priviledge, 'tis likely, they paid some duty to the chief place of the Mint. Thus in Doomesday we read, as Spelman quotes it, that in the City Winecestre every Monyer paid twenty shillings to London; and the reason given, pro cuneis mo∣netae accipiendis, for having Stamps or Coins of Money. For from this Latin word Cuneus (which our Lawyers have turned into Cuna, from

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.