Tracts written by John Selden of the Inner-Temple, Esquire ; the first entituled, Jani Anglorvm facies altera, rendred into English, with large notes thereupon, by Redman Westcot, Gent. ; the second, England's epinomis ; the third, Of the original of ecclesiastical jurisdictions of testaments ; the fourth, Of the disposition or administration of intestates goods ; the three last never before extant.

England's Epinomis. (Book 1)

CHAP. I. (Book 1)

From the first supposed Inhabitants and Britains until Julius Caesar.

IF all published Authority were a legitimate Brother to Truth's certainty, then could I affirm, that their com∣mon Father, old Time, once saw a Samothean race in this Isle of Britany.* 1.1 The Italian-bred-Chaldee Berosus men∣tions one Samothes, Brother to Gomer and Tubal, of Ja∣phet's line, to be Author of the Celtes, which inhabited (with other parts of Europe) that of Gaule,* 1.2 which we now call la France: and his Commentator Annius de Viterbo thus addeth, Samothes fuit frater Gomeri atque Tubulis ex Japete patre, à quo primùm Britones, inde Galli, Samothei dicti fuerunt: & praecipuè Philosophi & Theologi Sectu∣tores ejus. These Samotheans, by the testimony of Aristotle and Secion,* 1.3 divini atque humani juris peritissimi, & ob id religioni deditissimi, & pro∣ptereà Samothei (rather Semnothei) appellati, under the providence of these and their race was the Law-government of the State, until that Trojan celebrated branch, Brute, entred the Isle: who composed a Book intituled Leges Britonum, collected out of the Trojan Laws. But to ru∣minate a little upon that Saturnian Age, and omit all Shadow-fights touching controverted Brute (his supposed existence and fortunes) it may be not without good reason doubted, whether any such Laws of Troy were, out of which others might be extracted. Nor will they peradventure upon examination (excepted only some Customs of Re∣ligious Rites) appear more certain in particular, or more true in ge∣neral, than those of Aristophanes his Nephelococcygia. Times so near the Golden Age (when as

* 1.4Nec signare quidem, aut partiri limite campum—

Nec cuiquam (as Seneca hath it) aut animus aut injuria aut causa) have left few notes of expresly binding Laws,* 1.5 the main Government consisting in the arbitrary disposition of those, in whom being chosen as Princes for their eminency in Justice, and consequently in all other Vertues (as Deioces was of the Medes) it was rather an Office, th••n a Title of Dignity,* 1.6 to undergo the style of Monarch. And although it be reported in Plato, That Talus ('twixt whom and Rhadamanth, the Cretique Justice was by Minos, Jupiters own Son, then King of Crete, di∣vided) thrice every year did make his Circuit, for maintenance of such Laws, as were established, and in Brazen Tables registred; one of which (somewhat to particularize) was an Edict against Drunkenness in mer∣ry meetings; so that Constitutions in written Tables may thus derive their pedigree from the most ancient remembrance of Grecian dis∣coveries (Ceres and her Thesmophoria, with all such like omitted) yet upon that common Epithet of Agamemnon in Homer, which saluteth him 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, i. e. Shepherd of the people, where the phrase of Jove's free gift to Princes and Judges of

* 1.7—〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

is very frequent,* 1.8 the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, lex, being long since observed not on∣ly to be not found in any of his works, but also to have been of later birth than his Age permitted, (unless the contingency, which 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, coming from the same Theme, both by him and Hesiod remembred, hath with it, perswade the contrary, and upon the ordinary phrases in Virgil of Jura vocatis dare populis, and such like, applied to Trojan Princes) we may with probability enough conjecture that their Laws, being, as the Platonists term it, secundae Veneris, were alwayes closely folded, rather within the treasury of his breast, which was only therefore greater than other,* 1.9 because he seemed best of them all, than published in enduring Tables, to be observed as dumb Magistrates; Et quidem initio Civitatis (saith Pompinus) populus sine certâ lege, sine certo jure agere instituit, omniaque manu Regis gubernabantur. But from this d••gression into the way again.

One of this Succession Dunvallo Molmutius, instituted (as they write) ut aratra, templa viaeque ad Civitates ducentes immunitate confu∣gii gauderent.* 1.10 Verum quia succedente tempore de viis (cum non essent certis limitibus distinctae) orta esset dissensio, Belinus Rex filius praedicti Molmutii, ad subducendum omne ambiguum, Quatuor regales vias, omni privilegio munitas, per Insulam sterni fecit: Fossam scilicet, Watling streete, Erming-streete & Ikenild-streete; which rather (by Camden's Judge∣ment) were the Romans works, as out of Tacitus, Beda, and other Te∣stimony he collecteth. Hic leges (meaning Dunvallo) saith Jeoffrey of Monmouth) quae Molmutinae dicebantur, inter Britones statuit, quae usque ad hoc tempus inter Anglos celebrantur. Statuit siquidem inter cae∣tera, quae multo post tempore beatus * 1.11 Gildas scripsit, ut templa Deorum & Civitates talem dignitatem haberent, ut quicunque Fugitivus sive reus, ad ea confugeret, veniam coram inimico suo haberet. Statuit etiam ut viae, quae ad praedicta templa & Civitates ducebant, necnon & aratra colonorum,

eadem lege confirmarentur. Of the Gynaecocracy of Martia,* 1.12 Wife to King Guinthelin, a Woman very learned, thus speaks the same Author; Inter multa & inaudita, quae proprio ingenio invenerat, invenit legem, quam Britones Martianam vocaverunt. Hanc etiam Rex Aluredus inter caeteras transtulit, quam Saxonicâ linguâ Marchenlage vocavit; which name by our great English Antiquary, is rather deduced from the Mercii,* 1.13 whose limits (meaepc in Saxon signifying a limit) adjoyned in some part to all the other Kingdoms of the Germans here established; and they thence so denominated. I could wish for a sight of Jupiter's Diphtere, or an Oracle from Apollo, that so, resolution might be had touching the certainty of these reports, whether fabulous, or sealed with the stamp of a true History. The main Authors are that Chaldee Priest and the Arthurian Jeoffrey; both exceedingly suspected, but especially the first, by the penetrating Judgements of most learned men. But admitting them, as your Mercurial Spirit shall move you, you have a fair passage from these Mythick reports, selected out of Bardish Hymns, unto most allowed truths of authentick Historians.

Notes

• * 1.1

  V. Sr. W. Ra∣leigh fol. 118.
• * 1.2

  Beros. antiq. Chald. lib. 5. & ad cum Annius de Viterbo.
• * 1.3

  Diog. Laert. in vita Philo∣sop. lib. 1. & vide Basing∣stocke hist. lib. 1.

  Flor. hist. aetat. 3. hist. pag. 18.
• * 1.4

  Georgic. 1.
• * 1.5

  Senec. Epist. 91.
• * 1.6

  Herodot. l. 1. Officium erat imperar••, non Regnum, Seneca. Plat. in Minoc.
• * 1.7

  Iliad 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 & sae∣pius alibi.
• * 1.8

  Joseph. contra Appion. lib. 2. Plutarch. in lib. de Ho∣mero.

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. & Hesiod. in Theolog. Aeneid. 5. & 7.
• * 1.9

  Summa foeli∣citas erat gen∣tium in qui∣bus non pote∣rat potentior esse nisi me∣lior. Senec. Epist. 91. L. 2. ff. orig. juris.
• * 1.10

  Ranulph. Cestren. in polychronico. Galfred. Mo∣numeth. lib. 1. cap. 16. & Matth. West∣monast. fo. 52. Camden in Rom. in Brit.
• * 1.11

  V. Spelmans Gloss. del ley Molmutii, tit. Lex. 441.
• * 1.12

  Galfred. Mo∣numeth. lib. 1. cap. 20. & Flor. histor. pag. 56.
• * 1.13

  Camden in append. ad. Cornavios.