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.

In the SECOND BOOK.

CHAP. I.

PAg. 48. l. 5. By right of Fréehold.] Allodii jure, that is, by a mans own right, without acknowledgment of service or fealty, or payment of Rent to any other as a Superiour Lord. In which respect it is op∣posed to an Estate in Fée, wherein though a man hath a perpetual right to him and to his heirs for ever, yet seeing he owes a duty and service for it, it cannot be said properly and simply to be his own. And such are all mens Estates here in England, but the Kings in the right of his Crown, who cannot be supposed to hold of another, or to owe fealty to any Superiour, but to God only.

Lin. 12. Vnder Military service.] Or Knights service, that is, to find the King such a number of Men and Arms in time of War, as it is here expressed. See Cowell in the word Chivalry. Indeed the Clergy before the Conquerour in the time of the Saxons (as we find it in the five and twentieth Chapter of the first Book) were allowed to be free from Secular Services, but with an Exception and Reserve however of these things, to wit, Expedition, Repairing of Castles and Building of Bridges, from which last duty the High-Priests among the Romans were called Pontifices, i. e. Bridge-makers. Now this bringing of the Bishops Baronies under Knights Service, was sure enough design'd to engage them into a close dependence upon the Crown, and to take them off from hankering after any forreign Power, to which they might pretend to owe any subordination; as all along the times of Popery, out of reverence to the Holy See, they were forward enough upon oc∣casion to think themselves obliged to do, even to the high discontent and great disservice of their Kings.

CHAP. II.

Pag. 51. lin. 12. Ready money.] So I render Viva pecunia: which though Spelman saith it is so called, that it may the more expresly sig∣nifie pecudes, i. e. Cattle; yet he doth not to me, I confess, make out by any fair instance that it doth ever so signifie; and that it cannot be taken in that sense here, is plain from what immediately goes before, quot ani∣malia, imò quantum vivae pecuniae quisque possidebat: where animalia li∣ving creatures include pecudes the Cattle.

CHAP. III.

Pag. 54. lin. 32. Boseham.] What Earl Godwin's trick was, or wherein the conceit lay, I cannot at present well imagine, unless it were in the equivocation or misunderstanding of the word Boseham, as it falls in with the word Bosom in the pronunciation and sound of it; thus. Supposing the Earl at meeting of the Arch-Bishop, coming up to him upon pretence of saluting him said, Give me your Boseham, my Lord; to which the Arch-Bishop thinking belike, he might, by way of desiring his Pastoral embrace, mean only his bosom, readily made answer, I give you my bosom; which the Earl with a cunning fetch in∣terpreted a Grant of his Estate of Boseham.

Pardon, Reader, my mistake, if it be one; since I have no better ac∣count, from my own guess, to give, meeting with no help from our Law-Dictionaries.

CHAP. IV.

P. 56. lin. 8. The first Sheriffs of Counties.] A Sheriff or Shyre∣reed signifies the Governour of a County, called in Latin Vice-comes, as Deputy to the Count or Lord or Chief Man of the County; though even in the Confessor's time he was reckoned the Kings Officer, and not the Counts. This Office, as Mr. Camden tells us, was first set up by King Alfred, who also divided England into Counties, and those Coun∣ties again into Hundreds and Tythings.

Lin. 29. Other Judges without appeal.] This should seem to be the Court of Chancery: for which reason the Lord Chancellor is said to keep the Kings conscience, as here these Judges are compared to the Kings bosom.

Lin. 37. Acting a Busiris his part.] i. e. Treating strangers ill; he being a cruel Tyrant of Egypt, who slew strangers, and sacrificed them to his Gods: whence the Proverb, Busiridis arae.

Pag. 57. lin. 39. that he should pay it at the Scale.] That is, should pay it by weight, or according to full weight.

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 Grasio. See Spelman upon both those words.

Lin. 39. In the times of the Saxons a Hereot.] This at first was a tri∣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 sound 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 Vassal••i, 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 this 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 Doom••sday 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 Cunare) 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 make 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 fée 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 Teutonicorum, the Gild-hall for the Dutch Merchants from the Hanse-Towns.

CHAP. VII.

Pag. 63. lin. 25. Iphis and Ianthis and Ceneus.] Persons mention'd by Ovid, who changed their Sex, from Female to Male. Iphis was a Maid of Creet, who after her Metamorphosis when she turn'd to Man, took Ianthe to Wife: and Caenis (for that was her Maiden Name) was a Thessalian Girl, whom Neptune made a Whore of first, and then at her request a Man, who thenceforward went by the Name of Caeneus.

Lin. 34. Cheats, whom they commonly call Coyners.] In Malmesbury's Latin, Trapezitas, quos vulgò Monetarios vocant. Which bare citation is all the account, that Spelman gives of the word Monetarius. It doth properly signifie an Officer of the Mint, that makes and coyns the Kings money; a Monier. But here by the Historian's implying that such fellows, as this Law was made against, were falsarii, Cheats, and by our Author's terming of them adulteratores monetae, Counterfeiters of Coyn: we must understand them to be False Coyners, Clippers, Wash∣ers, Imbasers of the Kings Coyn, and the like. And therefore I render'd trapezitas (which otherwise is a word of innocent meaning for Money-Changers, Bankers, &c.) in the Historian's sense Cheats.

CHAP. VIII.

Pag. 65. lin. 24. Every Hide of Land.] It is so called from the Saxon word hyden, to cover; so that thus it would be the same as Te∣ctum in Latin, a Dwelling-house. And thus I question not, but there are several houses called The Hide: for I know one or two my self so called, that is, the Capital Messuage of the Estate. Nor is it so con∣fined to this sense, but that it takes in all the Lands belonging to the Messuage or Manour-house, which the old Saxons called hidelandes, and upon some such account no doubt Hidepark had its name, as a Park belonging to some great House. Now as to the quantity, how much a Hide of land is, it is not well agreed. Some reckon it an hun∣dred Acres, others thereabouts, by making it contain four Yardlands, every Yardland consisting of twenty four Acres. The general opinion is, that it was as much as could be ploughed with one Plow in a year, terra unius aratri culturae sufficiens. And thus it should be much what the same as Carrucata terrae, i. e. a Plough-land. From Bede, who trans∣lates it familia, they gather it was so much as could maintain a family. There is mention made of these Hides in the Laws of King Ina, an hun∣dred years before King Alfred, who divided the Countrey into Counties or Shires. And Taxes and Assessments were wont to be made according to these Hides; up as high as King Ethelred's time in the year of our Lord 1008. Since the Conquest, William the First had six shillings for every Hide in England, Rufus four, Henry the First here three for the marriage of his daughter.

Pag. 66. lin. 8. This right is called Wreck.] i. e. by which the King claims shipwrack't goods cast on shoar. For though by the Law of Na∣ture such things, as being nullius in bonis, having no Owner, every one that finds them may seem to have a right to them; yet by the Law of Nations they are adjudged to the Prince as a special priviledge by reason of his dignity. Now Wreck (or as the French call it Varec) properly signifies any thing that is cast on shoar, as Amber, precious

Stones, Fishes, &c. as well as shipwrack't goods: from the Saxon wraec, i. e. any thing that is flung away and left forlorn; though use hath li∣mited the word to the later sense.

CHAP. IX.

Pag. 68. lin. 6. The Roman Laws were banisht the Realm.] I sup∣pose there may be some word missing or mistaken in the Latin, à regno jussae sunt leges Romanae: But that which follows, the forbidding of the Books, obliged me to that interpretation: for why should the Books of those Laws be prohibited, if the Laws themselves were (as the Latin reading seems to import) ordered and ratified by the Realm. Where∣fore I suppose some mistake, or omission, and for à regno jussae, read à regno pulsae or exulare jussae, &c. unless you would like to have it thus rendred, commanded out of the Kingdom: which I confess would be a very odd unusual construction.

CHAP. X.

Pag. 69. lin. 39. Three hundred Marks of Gold.] A Mark weigh'd eight ounces, and as Cowell states it out of Stow, it came to the value of 16 l. 13 s. 4 d. At this rate three hundred Marks of Gold come to five thousand Pound; and to every Bishop five Marks, supposing only ten Bishops, come to 833 l. 6 s. 8 d. which is a very unlikely summ in this business. 'Tis true, the value of it, as of other Coyns and summs, might vary. And so we find in Spelman, that an uncertain Author reckons a Mark of Gold to be worth fifty Marks of Silver. But then 'tis as uncertain, what Marks of Silver he means. For if they be such as ours are (and as they were in King John's time) at 13 s. 4 d. then a Mark of Gold will be of the value of 33 l. 6 s. 8 d. which is just dou∣ble to the former value of 16 l. 13 s. 4 d. (which being resolved into Marks of Silver, makes but 25.) But in ancient times a Mark of Silver was only 2 s. 6 d. so that fifty of them will make but 6 l. 5 s. Another instance we meet with, where one Mark of Gold is accounted equivalent to ten Marks of Silver; which taking a Mark for 13 s. 4 d. comes to 6 l. 13 s. 4 d. Another, where nine Marks of Silver pass for one Mark of Gold, in a payment to the King: which is just six pound. And these three last accounts agree pretty well together. Taking the middlemost of the three, viz. a Mark of Gold at ten Marks of Silver; thus the above named summ of three hundred Marks of Gold, that is, three thousand Marks of Silver amounts to two thousand Pound; and the five Marks to every Bishop (supposing but ten Bishops) come to 333 l. 6 s. 8 d. But if we take these Marks of Silver at 2 s. 6 d. the account will grow much less. For ten such Marks are but 1 l. 5 s. so that the three hun∣dred Marks of Gold at this rate will come but to 375 l. Sterling. But that these Marks of the ancient and lower estimate are not here intended, may probably enough be gathered from one passage more we find there, Centum solidi dentur vel marca auri, where, if solidi stand for shillings (for they may be taken for soulx as the French call them) a Mark of Gold is made of equal value with 5 l. Sterling. And thus three hun∣dred Marks of Gold come to Fifteen hundred pound.

I confess after all, most of these accounts of the Mark, Gold or Sil∣ver, may be admitted of, as having possibly at some time or other been true; since mony, both in its Coyns and Summs, hath in several Ages of the World, risen, and fallen according to its plenty or scarcity.

Lin. 42. Being arighted and accused of any matter.] Or rather in the Law-spelling arrested; in Latin rectatus, that is, ad rectum vocatus, con∣vened before a Magistrate and charged with a crime. Thus ad rectum habere, is in Bracton, to have a man forth coming, so as he may be char∣ged and put upon his tryal. It may be also rendred, taken upon suspi∣cion. It is written sometime retatus and irretitus.

Pag. 70. lin. 33. To give suretiship for the Remainder.] I confess I do not well know how to apply to this place that sense, which our Common Law takes the word Remainder in, for a power or hope to enjoy Lands, Tenements or Rents after anothers estate or term ex∣pired; when an estate doth not revert to the Lord or Granter of it, but remains to be enjoyed by some third person. What if we say, that as Bishops could not (because their estates are of Alms) grant any part of their Demeans ad remanentiam, for ever or to perpetuity, so here Ex∣communicate persons were not obliged dare vadium ad remanentiam, to find sureties for continuance or for perpetuity, that is, for their future good behaviour, but only to stand to the judgement of the Church in that particular case for which they were at present sentenced.

CHAP. XI.

Pag. 72. lin. 24. If a Claim or Suit shall arise.] In the Latin, si ca∣lumnia emerserit, a known and frequent word in our Law, which sig∣nifies a Claim or Challenge, otherwise termed clameum.

Lin. 37. Till it shall by Plea be deraigned.] or dereyned: which is in French dereyné, in the Latin, disrationatum, which as it hath several significations in Law, so here it imports, after a full debate and fair hearing, the determination of the matter by the judgement of the Court.

CHAP. XII.

Pag. 75. lin. 2. By the name of Yumen.] The same say some, as the Danes call yong men. Others derive the word from the Saxon geman, or the old Dutch Gemen, that is, common, and so it signifies a Commoner. Sir Tho. Smith calls him Yoman, whom our Laws term legalem hominem, a Free-man born (so Camden renders it by Ingenuus) who is able to spend of his own free Land in yearly Revenue to the summ of Forty Shillings, such as we now, I suppose, call Free-holders, who have a Voice at the Election of Parliament-men. But here the word is taken in a larger sense, so as to include servile Tenure also or Villenage.

CHAP. XIII.

Pag. 77. lin. 5. Leude-men.] From the Saxon Leod, the common people. It signified in Law a Subject, a Liege man, a Vassal, a Te∣nant: hence in High-dutch a Servant was called Leute, in Old English a Lout. But in common acception Lewd was formerly taken for a

Lay-man, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, one of the people, or for any illiterate person. Now it is used to denote one who is wicked or loose and debauched.

CHAP. XIV.

Pag. 79. lin. 8. The States of the Kingdom, the Baronage.] He means the whole Parliament, and not only the House of Lords by the word Baronage. For though by Barons, now we properly understand the Peers of the Realm; yet anciently all Lords of Manours, those who kept Court-Baron, were styled Barons: Nay Spelman tells us, that all Free-holders went by that name before the Free-holds were quit let∣ted out into such small pittances, as now they are, while Noble-men kept their Lands in their own hands, and managed them by their Vas∣sals. Cowell gives this further account of those Lords of Manours, that he had heard by men very learned in our Antiquities, that near after the Conquest all such came to Parliament, and sate as Nobles in the Up∣per House. But, as he goes on, when by experience it appeared, that the Parliament was too much pestered with such multitudes, it grew to a custom, that none should come but such as the King, for their extraordinary wisdom or quality, thought good to call by Writ, which Writ ran hâc vice tantùm, that is, only for this turn. So that then it depended wholly upon the Kings pleasure. And then he proceeds to shew, how after that they came to be made Barons by Letters Patents, and the Honour to descend to their posterity.

Lin. 27. By way of safe pledge.] That is, to oblige them to give security for the parties appearance against the day assigned; who in case of default were to undergo the dammage and peril of it.

Pag. 80. lin. 7. St. Peter's pence.] These Peter-pence were also cal∣led in Saxon, Romescot and Romefeoh (that is, a Tribute or Fee due to Rome) and Rome-penny and Hearth-penny. It was paid yearly by every Family (a Penny a house) at the Feast of S. Peter ad Vincula on the first day of August. It was granted first, sayes our Author out of Malmesbury, by Ina or Inas King of the West-Saxons, when he went on Pilgrimage to Rome, in the year of our Lord 720. But there is a more clear account given by Spelman (in the word Romascot) that it was done by Offa King of the Mercians, out of an Author that wrote his Life. And it is this, That Offa after thirty six years Reign having vowed to build a Stately Monastery to the memory of St. Alban the British Pro∣tomartyr, he went on Pilgrimage to Rome, Adrian the First then Pope, to beg Indulgences and more than ordinary Priviledges for the intended work. He was kindly received, and got what he came for; and the next day going to see an English School, that had been set up at Rome, he for the maintenance of the poor English in that School, gave a Pen∣ny for every house, to be paid every year throughout his Dominion, (which was no less than three and twenty Shires at that time) only the Lands of S. Alban excepted. And this to be paid at the Feast of S. Pe∣ter, because he found the body of the Martyr on that day, for which reason it was also called S. Peter's Penny. And although at last these Peter-pence were claim'd by the Pope as his own due and an Apostolical right, yet we find, that beside the maintenance of a School here men∣tioned, for which they were first given, they have by other Kings been appropriated to other uses. Thus we read that Athelwolf Father to King Alured, who was the first Monarch of this Isle, granted three hundred

Marks (the summ total of the Peter-pence here, bating only an odd Noble) to be paid yearly at Rome. One hundred for the honour of S. Peter, to find Lights for his Church: another hundred for the honour of S. Paul on the like occasion: and the third hundred for the Pope's use to enlarge his Alms. This was done in the year 858. when Leo the Fourth was Pope.

Lin. 9. Thirty pence of live money.] Possibly the worth or value of thirty pence in Goods and Chattels. King Offa, in his Grant thus words it, quibus sors tantum contulit extra domos in pascuis, ut triginta argenteo∣rum pretium excederet; who had an Estate besides Houses in Lands, which might exceed the value of thirty silver pence.

Lin. 15. Out of a Rescript of Pope Gregory.] We have the whole Letter set down in Spelman, which speaks in English thus, GREGORY the Bishop, Servant of the Servants of God, to his Worshipful Brethren the Arch-Bishops of Canterbury and York, and to their Suffraegans, and to his beloved Sons the Abbots, Priors, Arch-Deacons and their Officials, appointed throughout the Kingdom of England, unto whom these Letters shall come, Greeting and Apostolical Benediction. In what manner the Pence of S. Peter, which are due or owing to our Chamber, are to be gathered in England, and in what Bishopricks and Dioceses they are owing, that there may arise no doubt on this occasion, we have caused it to be set down in this present Writing, according as it is contained in the Register of the Apostolick See. Out of the Diocess of Canterbury seven pounds and eighteen shillings ster∣ling: Out of the Diocess of London sixteen pounds, ten shillings. And so of the rest. Yeoven at the old City, April 22. in the second year of our Popedom. There is some difference though in the account of the Di∣oceses. For after Lincoln he leaves out Coventry and puts Chichester for Chester, 8 l. and then after Bath he puts in Salisbury and Coventry (with a mistake 10 l. 10 s. for 5 s.) and leaves York last. Besides every body knows there are more Dioceses now than were then. This was Gre∣gory the Fifth that wrote this, and it was (our Author tells us) in the time of King Edward the Second. But Edward the Third in the year of the Lord 1365. and of his Reign 39. forbad these Peter-pence to be paid any more at Rome, or to be gathered any longer in England.

CHAP. XV.

Pag. 81. lin. 10. Into six Provinces or Circuits.] As they are for number still, with two Judges a piece, though at first three. How these differ from what they now are, as to the Counties, the Reader may easily satisfie himself. Here are thirty seven of them, as we now reckon: only with this difference, that Monmouth and Rutland are left out, and Richmond and Copland are put in.

Pag. 82. lin. 27. And if he perish, i. e. sink, let him lose one foot.] For that in this tryal by water, was the sign and proof of guilt, if the party thrown in did not swim, which is quite contrary in the tryal of Witches: as you will find in the next Chapter, which treats of Ordeals.

Lin. 39. The Kings great Assise.] Assise is a word, that hath many significations in our Law. It is here in the Title taken for a Statute; The Assises (i. e. the Statutes and Ordinances) of King Henry made at Clarendon. But in this place it is used for a Jury; and it is either the Great or Grand Assise, which serv'd for the right of Property, and was to

consist of twelve Knights; or the Petty Assise, which served for the right of Possession only, and was made up of twelve lawful men.

CHAP. XVI.

Pag. 86. lin. 34. The superstitions and fopperies.] These you have also in Sir H. Spelman, with an Incipit Missa Judicii, which shews that the Church of Rome did once approve of these Customs, which since she hath condemned, notwithstanding her pretence of being Infallible. I would to God, she would deal as ingenuously in throwing off those other errors and corruptions, we do so justly charge her with.

CHAP. XVII.

Pag. 87. lin. 21. Hogenhine.] Or Agen-hyne, that is, ones own servant. It is written also Home-hyne, that is, a servant of the house.

Lin. 33. Holding in Frank Pledge.] The Latin is francus tenens. Wherefore amend the mistake, and read holding in Frank Fee. For Frank Pledg is a thing of another nature, as belonging to a mans Be∣haviour and not to his Tenure. Now Frank Fee is that which is free from all service, when a man holds an Estate at the Common Law to himself and his heirs, and not by such service as is required in ancient demesne.

Pag. 88. lin. 12. The Falcidian Law.] So named from one Falci∣dius, who being Tribune of the people in Augustus his time, was the Maker of this Law.

Lin. 33. Twenty pounds worth of Land in yearly revenue.] So I render 20. libratae terrae. For although Cowell in proportion to Quadrantata, or Fardingdeal of Land, which he saith is the fourth part of an Acre, seem•• at first to gather that Obolata then must be half an Acre, Denariata a whole Acre, and by consequence Solidata twelve Acres, and Librata twenty times twelve, that is, two hundred and forty Acres: Yet this was but a conceit of his own. For by having found the word used with reference to Rent as well as Land, thus 20. libratas terrae vel reditûs, he is forced to acknowledge, that it must signifie so much Land as may yield twenty shillings per annum. To which opinion Spel∣man also giv•• his assent. But what quantity of Land this Librata terrae is, cannot so easily be determined. Cowell out of Skene tells us, it contains four Oxgangs, and every Oxgang thirteen Acres: if so, then it is fifty two Acres, and twenty of them, which make a Knights fee, come to one thousand and forty Acres, which somewhat exceeds the account here set down of six hundred and eighty out of the Red Book of the Exchequer. But there is a great deal of more difference still, as the account of the Knights fée is given by others. In one Ma∣nuscript we read, that A Yardland contains twenty four Acres, four Yard∣lands make one Hide, (that is, ninety six Acres), and five Hides make a Knights fee, (that is, four hundred and eighty Acres) the Relief whereof is a hundred Shillings. Another Manuscript hath it thus, Ten Acres according to ancient custom make one Fardel, and four Fardels (that is, forty Acres) make a Yardland, and four Yardlands (that is, one hun∣dred and sixty Acres) make one Hide, and four Hides (that is, six hun∣dred

and forty Acres) make one Knights fee. A third reckons it otherwise, that sixteen Yard-lands make a whole Knights fee; which if we make a Yard-land to be twenty four Acres (according to the first account) com••s to three hundred eighty four Acres; but if (according to the second) we take it for forty Acres, it amounts to six hundred and forty Acres. And, saith he, when they are taxed at six Shillings four Pence (that is, every of the sixteen Yard-lands, which make up the Fee, at so much) they make the summ of one hundred Shillings (or five Pound, which was the ancient Relief of a Knights fee.) But this is a mistake either of the Author or the Citation; it is six Shillings three Pence, which makes that just summ; from whence we learn also what proportion was ob∣served by the Lord in setting and demanding of the Relief upon the next Heir after his Ancestor's decease. Further in the Kings Writ, as Glan∣vil cites it, it is said, that twelve Plough-lands make one Knights fee: which, allowing to a Plough-land one hundred & twenty Acres, amounts to one thousand four hundred and forty Acres. In the main, as to the value of a Knights fee, 'tis enough what Cowell tells us, that it was so much inheritance, as was sufficient yearly to maintain a Knight wi••h convenient Revenue, which in Henry the Thirds dayes, Camden sayes, was fifteen Pounds, and Sir Thomas Smith rates at forty. But to con∣firm the account, which our Author here gives us, we find in the Sta∣tute for Knights in the first of Edward the Second, that such as had twen∣ty Pounds in Fee, or for term of life per annum, might be compelled to be Knights. And as to the various measure of Land (of which we have had a remarkable instance in this business before us) Spelman hath given us good reasons for it; since where the Land was good, they might probably reckon the fewer Acres to a Yard-land, a Hide, a Knights fee, &c. and where it was barren, they might allow the more. Beside, that some Lords, who lett these Fees, might be more bounti∣ful and profuse, others more parsimonious and severe to their depen∣dents; and that the services which were imposed upon these Fees, might in some Mannors according to custom be lighter, in others upon agreement and covenant more heavy. All which might strangely di∣versifie the account, as to the quantity or measure of those Lands, which were to make up a Knights fee.

CHAP. XVIII.

Pag. 91. lin. 4. A little Habergeon or Coat of 〈◊〉〈◊〉▪ In Latin Halbergellum, a diminutive from the Saxon Halsberg, armour for the Neck and Breast. It is written also Haubergellum and Hambergellum. They mistake themselves, who translate it a Halbert, in French Hale∣barde, anoffensive Weapon, for a Coat of Mail, which is armour of de∣fence, in French Haubert or Hauberk; whence Fée de Hauberk, which we have already explained somewhere before.

Lin. 5. A Capelet of Iron.] A little Iron or Steel Cap instead of a Head-piece or Helmet, which the better sort wore. For by compa∣ring this with the two fore-going Sections, we find they were to have a difference of Arms according to their different Quality and Estate.

Lin. 7. A Wambais.] Wambasium or Wambasia, so called, I sup∣pose, because it reached over the belly or womb, was a Jacket or Coat

of defence, used in stead of the Coat of Mail, perhaps like unto our Buff-coats, though probably not of Leather only, but of any other ma∣terial, as the Wearer should think fit.

Pag. 92. lin. 6. Timber for the building of Ships.] In Latin here, Mairemia; written also Meremia and Meremium and Maremium and Muremium, from the French Meresme, Timber to build with.

Lin. 14. Stercutius.] Saturn so called, as being the first Inventer of dunging Land.

Lin. 28. Vnder the title of Free-men.] Here the Author himself hath in the Latin added a Marginal Note, which I thought fit to remove to this place. He saith, that among the ancient Germans the Alway free, the Middlemost free, and the Lowermost free were, as it were, the Classes and several Ranks of the lesser Nobles, i. e. of their Gentry. For the title of Nobless (as also in our Vulgar Language) was given only to Princes and Great Men. And for this he quotes Munster. Cosmog. lib. 3.

CHAP. XIX.

Pag. 93. l. 32. In the borders of the Carnutes.] A people of France, whose Countrey is called Chartrain, and their chief City Chartres, about eighteen Leagues from Paris Eastward. That Town eight Miles off, called Dreux (in Latin Drocum) was so named from the Druids, who dwelt there at first, and likely enough afterward often resorted thither.

P. 94. l. 37. Of the three Estates, the King, the Lords, and the Com∣mons.] There are indeed three Orders or Estates acknowledged by true Divines and sound Lawyers in the English Government; to wit, the Lords Spiritual, the Lords Temporal, and the Commons of England. But the fundamental mistake of our Learned Author is, that he hath joyned those two sorts of Lords (whose very character shews them to be of a distinct species, though as to the publick Welfare and the Kings Service they ought to be of one and the same interest) into one Estate, and to make up the third Estate, thought himself obliged to bring in the King himself for one, who is Lord paramount over all the three; and by this means ipsam Majestatem in ordinem redigere. I call this a funda∣mental mistake, as a most probable ground of Rebellion (as it was in the Barons Wars, and in our late Civil Broils) inasmuch as if the King make one of the three Estates, as they fancy he doth, and hath (as they do from thence conclude he hath no more) but a co-ordinate power with both or either of the other two Estates; that then it is lawful for both or either of those Estates, in case of publick grievances to quarrel the King (their co-ordinate) if he will not give way to their redress; that is, if he will not consent to do what they would have him to do; and upon his refusal of so doing, to raise War against him, to sequester and murder his Loyal adherents, to destroy his Royal Person; and finally, if he escape the hazards of Battel, when they get him into their hands, to bring him to account for a pretended male ad∣ministration, and the violation of a trust, which God and not the People put into his hands; and having gone so far, that they may, if possible, secure themselves, to put the Monarch to death, and to extirpate Mo∣narchy it self. This was the ground and method of our late Republican

policy and practice. Wherein yet they did not foresee what examples they set against themselves, supposing this Doctrine of the three Estates in their sense to be true, and that King, Lords and Commons had an equality of trust and parity of power, that the same outrage, which the Rump-Commoners acted against the King, to the destroying of him, and against the Lords, to the outing of them, and voting them useless and dangerous (as to their share of Government) might one time or other be more plausibly promoted, and more effectually put in execu∣tion by one or both of the other two Estates, with the help and assistance of great numbers of the Commoners (as there ever will be in such Na∣tional divisions) against themselves and all men whatever of such per∣nicious and destructive principles. No. This false Doctrine, I hope, will never obtain among us; and our English Government is so well con∣stituted, that our Lords Spiritual and Temporal and our worthy Com∣moners, will find it the interest of themselves and their posterities, that they will ever have that duty and deference to our Soveraign, as may secure Him and Us, and discourage the designs, and defeat the attempts of all such as wish ill to his honour and safety, or to the publick peace. Besides, is it rational to imagine, that the King, whose abso∣lute right by Law it is, to convene the Estates, when and where he thinks fit, to call and dissolve Parliaments, as he pleases: in a word, that He, in whose Name all Justice is administred, in whose Hands the Militia is, and by whose Authority alone the Subjects can take up Arms, should stand only in a Co-ordination of power with any other persons whatsoever or however assembled or associated within his Do∣minions? This flaw I could not but take notice of in our Great Author, and that only with an intention to undeceive the unwary Reader, and not to reflect upon his Memory, who though he kept along a great while with the Long Parliament, yet never appeared in action for them, that ever I heard, much less used or owned that virulence and violence, which many others of that ill Body of men judged necessary for their proceedings.

CHAP. XX.

Pag. 96. lin. 15. Alderman of England.] The word Alderman, in Saxon, Ealdorman, hath various acceptions, so as to signifie all sorts almost of Governours and Magistrates. So Matth. 20.25. the Princes of the Gentiles, in the Saxon translation are called Ealdormen; and Holofernes, I remember, the General of the Assyrian Army, is in an Old English Translation called the Alderman of the Army. So Aethelstan (whose younger Son this Ailwin was) being Duke or Captain Gene∣ral of the East-Saxons is in this Book of Ramsey styled Alderman. The most proper importance of the word bears up with the Latin Senator, i. e. Parliament-man; as the Laws of S. Edward make out.

In like manner, say they, heretofore among the Britons, in the times of the Romans, in this Kingdom of Britanny they were called Senators, who afterwards in the times of the Saxons were called Aldermen; not so much in respect of their Age, as by reason of their Wisdom and Dignity, in that some of them were but young men, yet were skil∣led in the Law, and beside that, were experienced persons.

Now that Alderman of England, as Ailwin here was, had to do in affairs of

Justice, appears by the foresaid Book of Ramsey, where it is said, that Ailwin the Alderman and Aedric the Kings Provost sate Judges in a cer∣tain Court. The Alderman of the County our Author makes to be the same as the Earl or Lord of the County, and Spelman saith, it is hard to distinguish, but at length placeth him in the middle betwixt the Count and Viscount. He and the Bishop kept Court together, the one for Temporals, the other for Spirituals. The Title goes lower still, to de∣note a Mayor or Bailiff of a Corporation, a Bailiff of a Hundred, &c.

Lin. 30. Healf-koning.] It was an oversight or slip of memory in our Author, to say, that Ailwin was so called; when the Book of Ramsey tells us, it was his Father Aethelstan, who was of that great power and diligence, that all the business of the Kingdom went through his hands, and was managed as he pleased, that had that Nick name given him therefore.

Lin. 36. The Graves.] Our Author makes them subordinate to the Aldermen of Counties: but in the Laws of the Confessor they appear to be much what the same. There we read,

And as they are now called Greves, who are put in places of Rule over others, so they were anciently among the English called Ealdermen.

Indeed, the word Greve or Reev (for it is all one) is of as various use, as that other of Alderman is. In Saxon it is gerefa, from gerefen and reafen, to take or carry away, to exact or gather. Whence this Officer (Graphio or Gravius from the Saxon) is in other Latin called Exactor regius; and by reason that the Sheriff gathered the Kings Fines and other Duties, and returned them to the Exchequer, he was called the Shire-greve or Shire-reev, that is, the Gatherer of the County. But the truth is, that Greve or Reev came at last in general to signifie any Ruler or Governour set over any place almost whatever; as the same word Grave doth among the Dutch. So a Shire-greve, or hihgerefa, the High Sheriff of a County; a Port-greve, the Governour of a City or Port. So the Lord Mayor of London was called formerly. Tun-greve, the Bailiff of a Town or Mannor. Sometime Greve is taken for a Count or Earl, as Alderman is.

CHAP. XXI.

Pag. 98. lin. 22. For Toll and Gabell.] In the Latin pro theolonio & gablo. Now telonium, from the Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, properly signifies the place where the Officers of the Customs receive the Kings duties; but is used also for a duty paid for the maintenance of Bridges and River-Banks. So Hotoman. But in our Law it is taken for the Toll of a Mar∣ket or Fair. And Gablum or Gabellum, a Gabell, from the Saxon gafol or gafel, signifies any Impost upon Goods; as that in France, upon Salt, &c. also Tribute, Custom, any kind of Tax or Payment, &c.

Lin. 32. Through the Streets of Coventry.] There is a famous Tra∣dition among the people of that Town concerning this matter, that the Lady being to ride naked, only covered all over with her hair, had given order for the more decent performance of her Procession, that all the Inhabitants should that day keep their Shops and Doors and Windows shut. But that two men tempted by their Curiosity to do what fools are wont to do, had some such penalty, I know not what it was, inflicted upon them, as Actaeon had for the like offence.

And they now stand in some publick place cut out of Wood or Stone, to be shewn to any stranger that comes thither, like the Sign of the Two Logger-heads, with the same Motto belike, Nous sommes trois.

Pag. 99. lin. 7. Brought in my Court a certain Toper.] In the Latin, attulit in curiâ meâ quandam Toper. I know what the adverb Toper signifies among the ancient Latines; but what the word means here, I confess, I am in the dark. It doth certainly stand for some thing (I was thinking a Taper) which he brought with him into Court, and sware upon it, as he should have done upon the holy Gospels. I can∣not imagine, that by quandam Toper, should be intended some Woman or Girl, whose Name was Toper, whom he brought along with him, and in defiance to the Court, laying his hand upon her, took his Oath as formally, as if he had done it upon the holy Evangelists.