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.
Jani Anglorum facies altera. English
Selden, John, 1584-1654.
1682
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A59093
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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.
Jani Anglorum facies altera. English
Selden, John, 1584-1654.
Littleton, Adam, 1627-1694.
White, Robert, 1645-1703.
[32], 131, [1] p., [1] leaf of plates : port.
Printed for Thomas Basset, and Richard Chiswell,
London :
MDCLXXXII [1682]
Translation of the author's Jani Anglorum facies altera.
Running title: Janus Anglorum, or, The English Janus.
Each part has special t.p. and separate paging.
Engraved frontispiece portrait of the author signed: R: White sculpsit.
Error in paging: p. 23 misnumbered 17.
Errata: p. [1] at end.
Reproduction of original in the British Library.
Includes bibliographical references.
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JOHANNES
SELDEN●S
.
Armig.
R.
White
sculpsit
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
of
Salvinton
,
Student
of
the
Inner-Temple
in
LONDON
;
and
Rendred
into
English
by
REDMAN
WESTCOT
,
Gent.
Haec
facies
Populum
spectat
;
at
illa
Larem
.
London
,
Printed
for
Thomas
Basset
,
and
Richard
Chiswell
.
MDCLXXXII
.
To
the
Right
Honourable
and
truly
Noble
Lord
,
Robert
Earl
of
Salisbury
,
Viscount
Cranborn
,
Baron
Cecil
of
Essenden
,
Knight
of
the
Illustrious
Order
of
the
Garter
,
Lord
High
Treasurer
of
England
,
Master
of
the
Court
of
Wards
,
and
Privy
Counsellor
to
His
Most
Excellent
Majesty
,
JAMES
,
King
of
Great
Britain
,
France
and
Ireland
,
Heartily
according
to
his
high
desert
,
I
devote
and
dedicate
,
AND
as
it
were
with
consecrated
Flowr
,
and
crackling
grain
of
Salt
,
I
offer
up
in
Sacrifice
.
I
am
not
in
condition
to
do
it
with
a
costly
Victim
,
or
a
full
Censer
.
GREAT
SIR
,
deign
with
favour
to
receive
these
scraps
of
Collection
;
relating
intirely
,
what
they
are
,
and
as
far
as
the
present
Age
may
be
supposed
to
be
concerned
in
ancient
Stories
and
Customes
,
to
the
English-British
State
and
Government
;
and
so
far
forth
to
Your
most
Honoured
Name
.
Which
Name
of
Yours
,
whilest
I
,
one
of
the
lowermost
Bench
,
do
with
dazzled
eye-sight
look
upon
(
most
Noble
Lord
,
and
great
Support
of
your
Country
)
I
devoutly
lay
down
Upon
its
ALTAR
This
small
Earnest
and
Pledge
of
my
Obedience
and
Duty
.
THE
TRANSLATOR'S
PREFACE
TO
THE
READER
.
Reader
,
THOU
canst
not
be
such
a
Stranger
to
thy
own
Countrey
,
as
to
need
my
commendation
of
the
Learned
,
Worthy
and
Famous
AUTHOR
of
these
following
Sheets
;
or
that
I
should
tell
thee
,
what
a
Scholar
,
a
Philologer
,
a
Humanist
,
a
Linguist
,
a
Lawyer
,
a
Critick
,
an
Antiquary
,
and
(
which
proves
him
an
absolute
Master
of
all
these
and
many
other
Knowledges
)
what
a
Writer
,
the
Great
SELDEN
was
.
Since
it
is
liberally
acknowledged
by
every
body
,
that
knows
any
thing
(
not
only
at
home
,
but
abroad
also
among
Foreigners
)
that
Europe
seldom
hath
brought
forth
His
Fellow
for
exquisite
Endowments
of
Nature
,
Attainments
of
Study
,
and
Accomplishments
of
Ingenuity
,
Sagacity
and
Industry
.
And
indeed
,
to
save
me
the
labour
of
saying
any
more
concerning
this
Non-pareil
in
all
kinds
of
Learning
,
His
own
WORKS
,
which
are
now
under
a
Review
,
and
will
e're
long
be
made
Publick
in
several
Volumes
,
will
sufficiently
speak
his
Character
,
and
be
a
more
prevailing
Argument
to
indear
Him
to
thy
good
Opinion
and
firm
Acquaintance
,
than
mine
or
any
other
Words
can
.
My
business
now
is
only
to
give
thee
some
Account
of
the
Author's
design
in
this
little
Treatise
,
and
of
those
measures
I
took
in
Translating
Him
,
that
is
,
in
restoring
him
to
his
own
Native
Language
;
though
his
great
Genius
had
made
the
Latin
and
several
other
Tongues
,
as
natural
and
familiar
to
Himself
,
as
the
English
was
.
To
speak
first
of
the
Author
,
I
do
take
this
Piece
to
have
been
one
of
his
first
Essays
,
if
not
the
very
first
;
wherein
he
launched
into
the
World
,
and
did
not
so
much
try
the
Judgement
,
as
deservedly
gain
the
Approbation
of
the
Learned
:
which
was
certainly
one
Reason
,
why
,
though
the
whole
matter
of
the
Book
be
of
an
English
Complexion
and
Concern
,
yet
he
thought
fit
to
put
it
forth
in
a
Latin
dress
.
That
this
was
his
first
Specimen
,
or
at
least
one
of
the
first
,
I
gather
from
the
time
of
his
Writing
it
,
viz.
in
the
Six
and
Twentieth
year
of
his
Age
;
when
I
suppose
he
was
not
of
any
very
long
standing
in
the
Temple
;
I
mean
,
in
all
likelihood
,
whilst
he
was
on
this
side
the
Bar.
For
having
fraught
himself
with
all
kind
of
Learning
,
which
the
University
could
afford
him
(
which
could
be
,
we
must
imagine
,
no
small
time
neither
;
as
I
may
be
allowed
to
guess
from
that
passage
of
his
in
this
Book
,
where
he
so
affectionately
recognizeth
his
Duty
and
Gratitude
to
his
dear
Mother
OXFORD
;
who
,
if
she
had
no
other
Antiquity
to
boast
of
,
is
and
ever
will
be
Famous
for
This
Her
Scholar
,
our
great
Antiquary
;
who
hath
also
such
a
Monument
to
be
seen
in
her
publick
Library
,
as
will
make
her
Glory
and
his
Memory
ever
to
flourish
)
I
say
,
having
after
some
competent
time
taken
leave
of
Academical
Institutions
,
and
being
now
engaged
into
the
Study
of
Law
,
he
thought
he
could
not
do
his
Profession
a
better
service
,
than
by
looking
back
into
former
times
,
and
making
a
faithful
Collection
of
what
might
be
Pertinent
and
Useful
,
to
bring
down
,
along
through
all
Changes
and
Vicissitudes
of
State
,
the
Light
and
Strength
,
the
Evidence
and
Reputation
of
old
Institutes
and
Precedents
to
our
present
Establishments
under
our
Gracious
and
Happy
Monarchy
.
May
It
,
as
it
is
in
its
Constitution
to
the
English
people
Gracious
;
so
be
ever
in
its
Success
to
It self
,
and
consequently
to
Us
all
,
Happy
!
Here
then
thou
wilt
find
the
Rights
of
Government
through
all
Ages
,
so
far
as
our
Histories
will
help
us
;
Here
thou
wilt
see
,
from
the
first
,
our
KING
setled
in
his
just
Power
,
even
in
his
Ecclesiastical
surisdiction
against
the
Papal
Usurpation
;
one
shrewd
Instance
whereof
is
,
the
forbidding
Appeals
to
the
Pope
,
at
such
a
time
when
the
Popish
Religion
was
at
its
Zenith
in
this
Island
;
that
is
,
when
People
in
all
probability
were
most
Ignorant
.
Here
thou
wilt
easily
be
brought
to
acknowledge
the
Antiquity
and
Usefulness
of
Parliaments
(
though
under
other
Names
till
after
the
Conquest
)
when
all
the
Barons
,
that
is
,
as
that
Title
did
at
first
import
,
all
Lords
of
Mannors
,
all
Men
of
Estate
assembled
together
for
the
determination
of
publick
Affairs
:
which
Usage
,
because
it
produced
too
numerous
and
cumbersome
a
confluence
,
was
afterwards
for
better
convenience
retrenched
into
a
popular
Election
by
the
Kings
Writ
to
chuse
some
of
the
Chiefest
to
act
for
all
the
rest
.
And
sure
enough
,
if
we
in
Duty
keep
up
the
Royal
Prerogative
,
and
our
Kings
,
as
ever
they
have
done
,
and
ever
,
I
hope
,
will
,
in
Grace
and
Clemency
oblige
the
Peoples
Consent
in
their
Representatives
;
we
shall
alwayes
have
such
Laws
,
such
a
Government
,
such
a
Correspondence
betwixt
Prince
and
Subjects
,
as
must
(
according
to
the
Rules
of
Humane
Prudence
,
adding
our
Piety
to
it
)
make
this
Kingdom
of
Great
Britanny
(
maugre
the
malice
of
the
Devil
and
his
Agents
whatever
,
Jesuits
or
Fanaticks
)
a
flourishing
and
impregnable
Kingdom
.
Having
said
this
in
General
of
the
Author's
design
,
I
shall
not
descend
to
Particulars
,
which
I
leave
to
thy self
,
Reader
,
to
find
out
,
in
the
perusal
,
that
may
be
of
good
Use
and
great
Consequence
to
the
Publick
;
but
fearing
,
thou
maist
think
I
am
so
much
taken
up
with
the
Author
,
that
I
have
forgot
My self
,
I
have
two
or
three
words
to
speak
of
that
sorry
subject
,
before
I
leave
thee
.
As
to
the
Translator
;
I
confess
,
it
is
no
great
credit
for
any
one
to
appear
in
that
Figure
;
a
Remark
,
which
I
have
learn't
from
one
,
who
hath
translated
another
excellent
Piece
of
this
Noble
Author
,
(
Noble
I
call
him
,
sith
Nobility
is
rais'd
by
Parts
and
Merits
,
no
less
than
continued
by
Birth
and
Descent
)
it
was
his
Mare
Clausum
,
wherein
he
,
I
spoke
of
,
hath
acquitted
himself
very
well
,
abating
for
his
Villanous
Dedication
to
the
RUMP-Parliament
,
which
was
then
setting
up
for
a
Republick
;
in
which
Dedication
of
his
,
he
hath
vilely
and
like
himself
(
I
speak
in
Charity
,
as
to
his
Interest
,
I
mean
,
not
his
Judgement
or
Conscience
at
least
,
if
there
were
any
)
aspersed
the
Royal
Family
with
Weakness
and
Collusion
,
to
have
lower'd
the
British
Renown
.
I
am
bid
by
Him
,
who
puts
this
into
thy
hands
,
to
tell
thee
,
that
when
he
was
embark'd
into
this
Employ
;
whatever
it
was
,
upon
the
coasting
of
it
over
,
he
was
surprized
to
find
,
he
had
undertaken
such
a
difficult
and
hazardous
Voyage
,
and
did
presently
conclude
,
That
none
but
a
Selden
(
that
is
,
a
Person
of
omnifarious
Reading
)
was
fit
to
be
a
Selden's
Interpreter
.
For
no
other
person
,
but
one
so
qualified
,
can
be
Master
of
his
Sense
,
Master
of
his
Expression
.
His
ordinary
Style
,
where
he
delivers
himself
plainest
,
is
as
to
the
Matter
of
it
,
so
full
of
Historical
and
Poetical
Allusions
,
and
as
to
the
Method
(
and
hath
that
of
Crabbed
in
it
besides
)
so
Intricate
and
Perplex
,
that
he
seems
,
even
where
he
pretends
to
Teach
and
Instruct
,
to
have
intended
only
to
Amuse
and
Confound
the
Reader
.
In
very
deed
,
it
is
such
a
Style
,
as
became
a
Learned
Antiquary
,
which
is
to
be
Antique
and
Oracular
;
that
one
would
think
,
the
very
Paper
,
he
wrote
upon
,
was
made
of
the
Sibyll's
old-worn
Sheets
,
and
that
his
meaning
could
not
be
fisht
out
without
the
assistance
of
a
Delian
Diver
.
However
the
Translator
(
though
so
much
Inferiour
to
the
Undertaking
,
as
to
be
almost
Unacquainted
with
some
considerable
parts
of
it
)
did
presume
(
whether
rightly
or
no
,
must
be
left
to
thy
judgement
)
that
he
was
not
utterly
unfurnished
with
those
Skills
and
Helps
,
which
might
make
the
Work
Intelligible
and
Acceptable
even
to
Plebeians
.
For
though
it
was
at
first
designed
by
the
Excellent
Author
in
his
Latin
for
such
as
were
meerly
Lawyers
and
Scholars
(
they
must
be
both
,
that
mean
to
understand
it
as
he
wrote
it
)
yet
now
it
being
done
into
English
,
it
was
to
be
calculated
to
the
Meridian
of
common
Capacities
and
vulgar
Understandings
.
Which
end
he
hath
,
he
hopes
,
in
some
good
measure
answered
;
and
in
order
to
which
end
,
he
hath
,
to
supply
the
defects
of
his
Translation
,
at
the
end
of
the
Book
subjoyned
some
Annotations
,
which
may
serve
partly
to
clear
the
Author's
meaning
,
and
partly
to
vindicate
himself
in
the
Interpretation
.
He
did
think
once
to
have
affixt
those
Annotations
to
the
places
they
belong
to
;
but
upon
second
and
better
thoughts
,
he
consider'd
,
that
the
Authors
Quotations
would
be
enow
of
themselves
to
charge
the
Margin
with
,
and
a
further
superfoetation
would
but
cloy
and
surbate
the
Reader
;
though
in
the
body
of
the
Work
,
there
are
up
and
down
many
Explanations
inserted
,
to
excuse
him
from
the
trouble
of
having
recourse
to
those
Notes
,
which
are
added
out
of
pure
necessity
,
and
not
from
any
vanity
of
Ostentation
,
since
the
whole
,
if
it
had
its
due
,
might
seem
to
require
a
perpetual
Comment
.
In
the
main
,
which
is
enough
for
a
Translator
,
be
his
Author
what
he
will
,
he
doth
assure
thee
,
that
the
meanest
Subject
of
England
may
now
read
one
of
her
greatest
Champions
and
Writers
(
for
Learned
Pens
sometimes
do
as
good
and
as
great
service
as
Valiant
Swords
do
)
so
understandingly
,
that
he
may
edifie
and
learn
,
what
duty
and
deference
he
ought
to
have
for
the
Best
of
Governments
.
And
now
,
Reader
,
excuse
me
in
a
Digression
,
and
do
not
impute
it
as
a
Levity
to
me
,
that
I
follow
my
Grave
Author
.
It
is
my
Duty
so
to
do
;
it
is
my
Happiness
,
if
I
can
:
He
doth
not
despair
,
now
he
appears
in
English
,
to
have
Female-Readers
too
,
to
court
him
so
far
at
least
as
to
peruse
his
Translation
,
who
hath
so
highly
courted
them
with
Noble
Caresses
in
that
Chapter
,
wherein
he
hath
so
learnedly
pleaded
the
Excellencies
and
Rights
of
that
Angelical
Sex
,
(
if
Angels
have
any
Sex
)
to
the
abashment
and
overthrow
of
the
Salick
Law.
To
what
purpose
did
the
Author
write
so
much
in
their
Commendation
,
if
they
were
not
to
know
it
?
which
,
if
the
poor
Translator
hath
any
Obligations
upon
the
Sex
,
he
hopes
they
will
own
this
as
an
Addition
:
not
to
mention
that
other
Chapter
of
his
,
where
,
like
a
Gentleman
and
a
Lawyer
both
,
he
maintains
that
freedom
peculiar
to
our
English
Ladies
,
and
which
with
Lawyers
leave
,
I
may
call
The
Courtesie
of
England
,
in
receiving
of
Salutes
,
against
the
censure
of
Rudeness
on
the
one
hand
,
and
the
suspicion
of
Wantonness
on
the
other
.
Though
I
must
confess
also
,
that
some
of
his
Citations
in
that
defence
,
are
so
free
,
that
I
thought
fit
rather
to
leave
them
as
I
found
them
,
than
by
putting
them
into
English
,
to
expose
the
Modesty
of
the
Sex.
I
have
no
more
to
say
,
Reader
,
but
to
beg
thy
Excuse
,
for
any
thing
,
wherein
I
may
appear
to
have
come
short
of
the
Weighty
and
Abstruse
Senses
of
our
Great
and
Worthy
Author
,
and
that
I
may
detain
thee
no
longer
from
his
Conversation
,
to
bid
thee
Farewell
.
THE
AUTHOR'S
PREFACE
TO
THE
READER
.
AND
that
the
Tutelar
or
Guardian
of
my
threshold
may
not
entertain
thee
with
unlucky
or
ill-boding
terms
,
he
doth
freely
bespeak
thee
Health
and
Greeting
,
whoever
thou
art
,
Dear
Reader
.
Moreover
,
he
is
in
the
humour
to
declare
both
the
Occasion
of
drawing
the
first
Furrow
of
this
Enterprize
,
and
also
the
Model
and
Frame
of
the
whole
Work
,
what
it
is
,
finished
and
compleated
.
It
is
a
long
while
ago
,
considering
how
young
a
man
I
am
,
since
from
the
first
I
have
made
it
my
hearty
wish
,
that
the
ancient
Original
and
Procedure
of
our
Civil
Law
might
more
fairly
and
clearly
be
made
out
;
as
far
,
I
mean
,
as
the
thing
will
bear
,
and
as
what
store
we
have
of
publick
Records
affords
assistance
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
For
several
men
with
several
things
are
pleas'd
,
as
said
Archilochus
of
old
;
and
I
do
own
for
my self
,
what
Seneca
the
Declaimer
saith
,
that
I
take
pleasure
in
going
back
to
Studies
of
Antiquity
,
and
in
looking
behind
me
to
our
Grand-sires
better
times
.
Which
,
to
say
truth
,
they
who
do
too
much
,
slight
,
Ardua
dum
metuunt
,
amittunt
vera
viai
.
that
is
,
Whilst
lofty
passes
they
do
fear
,
through
sloth
They
lose
the
certain
tracks
and
paths
of
troth
.
And
,
so
may
the
Muses
alway
favour
me
,
they
are
such
things
as
are
—
Anteiqua
,
sepolta
,
vetusta
,
Quai
faciunt
mores
veterésque
novosque
tenentem
Moltarum
veterum
Legum
,
Divômque
Hominumque
Prudentem
.
—
as
saith
another
old
Latin
Poet
;
that
is
,
such
stories
as
are
Antique
,
buried
in
rubbish
,
old
and
musty
,
Which
make
one
verst
in
customs
old
and
new
,
And
of
Laws
,
Gods
and
Men
giving
a
view
,
Render
the
careful
Student
skill'd
and
trusty
.
Some
spare
hours
have
been
spent
by
me
in
reading
over
Historians
,
Chronologers
,
Antiquaries
,
Foreigners
and
our
own
Countrey-men
,
those
of
Ancient
date
and
the
more
polite
of
the
Modern
sort
:
those
especially
who
seem'd
to
make
out
the
quickest
course
to
that
Goal
and
design
I
spoke
of
.
I
have
carefully
cull'd
out
whatsoever
I
met
with
,
that
lookt
like
the
Orders
and
Decisions
of
Praetors
or
Lord
Chief
Justices
,
and
whatsoever
concerns
the
Civil
or
Prophane
Law.
(
Prophane
I
call
that
,
which
is
not
held
by
the
Religion
of
the
Church
;
as
●●xtus
Pompeius
hath
taught
me
.
)
I
did
judge
that
there
were
a
great
many
things
in
those
Writers
worth
the
knowing
,
and
which
might
deserve
to
be
digested
into
a
kind
of
Volume
according
to
order
of
Chronology
,
I
did
in
the
first
place
advise
,
and
took
that
special
order
with
my self
,
that
as
to
this
undertaking
,
I
might
with
the
greater
ease
have
my
Attendants
ready
at
hand
to
wait
upon
my
Studies
.
I
went
about
to
〈…〉
and
cement
,
such
as
it
is
,
(
i.
e.
some
method
and
connexion
)
to
the
scattered
and
disjointed
bulk
,
and
I
brought
it
to
a
conclusion
;
and
assoon
as
it
came
into
my
mind
to
publish
it
,
I
endeavoured
according
to
that
meanness
,
which
it
appears
in
,
to
finish
it
(
that
I
may
make
use
of
a
Mathematick
term
)
with
its
Complement
.
I
have
set
the
model
and
frame
upon
a
sure
account
(
not
upon
mine
own
credit
neither
,
who
am
too
apt
to
take
on
trust
things
suspected
)
and
in
a
compendious
way
:
I
have
writ
my self
compendiously
and
succinctly
;
I
have
transcribed
out
of
others
faithfully
.
I
do
on
set
purpose
vouch
the
credit
,
I
go
upon
,
to
be
none
of
mine
,
but
the
Authors
,
I
have
taken
out
of
,
that
I
may
not
be
accused
of
false
dealing
by
unskilful
or
careless
Readers
.
I
have
applyed
my self
not
only
to
the
meaning
of
the
Writers
,
or
to
their
historical
account
,
but
even
to
the
very
words
and
syllables
,
which
they
spoke
,
and
have
inserted
them
printed
in
a
different
character
;
those
,
I
confess
,
unless
it
be
from
them
of
the
middle
age
,
many
times
sufficiently
barbarous
,
that
miserably
want
polishing
,
such
as
Criticks
cannot
away
with
,
and
do
very
well
agree
with
the
Records
and
Reports
of
Law
,
which
we
converse
with
.
However
I
would
not
have
thee
disdain
in
the
mean
time
brimful
and
wholsome
draughts
of
liquor
,
because
the
Bowl
was
not
made
in
a
Potters
shop
of
Colias
a
place
in
Athens
,
or
in
cold
Winter
to
slight
a
garment
which
is
not
made
of
Attick
Wooll
;
as
Plutarch
hath
admonished
the
hearers
of
Philosophy
.
Let
young
Ladies
speak
finically
with
their
golden
Flower-amours
,
and
let
them
,
who
have
store
and
leave
at
once
,
court
the
graces
of
words
and
beauties
of
expression
.
'T
is
true
,
the
care
of
exact
speaking
,
is
a
thing
befits
the
Muses
,
yet
how
the
most
abstruse
Mysteries
even
of
the
highest
Urania
,
of
Divinity
it self
,
are
laid
open
without
it
,
the
Thomists
,
the
Scotists
,
and
what
other
Sects
and
Parties
of
School-men
there
are
,
know
well
enough
.
And
there
are
some
others
also
,
that
think
they
know
;
I
mean
the
inquirers
into
Heavenly
Calculations
(
Astrologers
)
and
the
Weather-wise-men
(
Almanack-makers
)
who
in
good
deed
for
the
most
part
rely
too
much
upon
the
trifling
stories
of
their
Masters
.
Now
they
,
and
not
without
good
reason
,
have
preferred
the
Arab
Writers
barbarously
translated
,
and
slovenly
Bonatus
before
Julius
Firmicus
and
modern
Pontanus
,
as
spruce
as
they
are
.
These
two
may
rather
be
termed
Grammarians
,
than
Astrologers
.
Nor
do
Aristotle's
crabbed
Lectures
of
natural
P●●losophy
discourage
Interpreters
or
procure
to
themselves
any
discredit
,
●y
reason
of
the
affected
obscurity
of
speech
,
they
are
delivered
in
:
and
as
to
neatness
of
Poetry
,
Apollo
himself
hath
been
out-done
by
Sappho
,
Homer
,
Hesiod
.
Though
the
Matter
doth
often
surpass
the
Workmanship
;
yet
who
is
there
is
so
rigid
or
so
fond
a
Censurer
,
as
to
disparage
and
debase
the
Matter
upon
the
account
of
the
Workmanship
?
Which
I
would
not
have
be
said
only
of
those
passages
,
which
I
have
brought
into
this
Piece
out
of
those
fore-mentioned
Authors
,
but
also
of
the
whole
Body
of
our
Common-Law
.
I
have
,
I
hope
,
not
unluckily
begun
with
the
very
first
Inhabitants
of
this
Isle
,
as
far
as
we
can
come
to
the
knowledge
of
them
.
Those
Authors
,
whom
I
have
followed
in
the
original
of
Story
,
I
have
,
as
it
was
meet
,
set
down
and
remark'd
,
adding
the
Judgement
and
Censure
of
the
Learned
.
Afterward
,
besides
Caesar
and
Tacitus
there
are
but
few
that
afford
us
any
help
,
and
that
●ut
in
few
things
too
.
For
the
name
of
Brittany
was
known
but
of
late
to
the
Greeks
,
but
of
late
to
the
Romans
;
and
the
Britans
were
truly
for
a
long
while
divided
from
all
the
world
besides
.
But
among
●●reigners
the
latter
Ages
have
enquired
after
them
.
I
speak
of
Strabo
,
Pliny
,
Ptolomy
,
others
;
and
a
certain
Writer
of
Asia
,
Marcianus
Heracl●otes
,
not
y●t
,
that
I
know
of
,
turned
into
Latin
,
saith
thus
,
Albion
the
Brittish
Isle
hath
in
it
Thirty
Three
Nations
,
Fifty
Nine
remarkable
Cities
;
and
then
he
sub●●us
other
things
concerning
the
number
of
Rivers
,
Promontories
,
Havens
and
Creeks
or
Bays
.
I
have
stretched
out
this
Piece
to
the
death
of
King
Henry
the
Son
of
Mawd
the
Empress
by
Jeoffrey
the
Count
of
Anger
's
in
France
.
In
whose
time
,
or
near
thereabout
,
are
the
first
beginnings
of
our
Law
,
as
our
Lawyers
now
account
.
There
come
in
by
the
way
Richard
called
Coeur
de
Lion
and
King
John
;
but
there
is
scarce
any
thing
in
that
interim
to
our
purpose
.
I
have
on
purpose
passed
by
Mr.
Lambard's
Archaeonomia
(
or
Antiquites
of
Law
)
without
medling
with
it
at
all
,
only
when
some
obvious
accasion
did
sometimes
suggest
it
for
the
explaining
of
what
is
set
down
by
us
.
I
have
divided
the
whole
into
two
Books
;
the
first
closes
with
the
Saxons
;
the
second
begins
with
the
Norman
Conquest
,
the
most
famous
Aera
or
Date
of
the
English
Government
in
the
reckonings
of
time
.
But
however
to
refer
the
original
of
our
English
Laws
to
that
Conquest
(
as
some
make
bold
to
do
)
is
a
huge
mistake
;
forasmuch
as
they
are
of
a
far
more
ancient
Date
.
For
it
is
a
remark
amongst
Statesmen
,
That
new
acquired
Empires
,
do
run
some
hazard
by
attempting
to
make
new
Laws
:
and
the
Norman
did
warily
provide
against
this
danger
,
by
bestowing
upon
the
yielding
conquered
Nation
the
requital
of
their
ancient
Law
:
a
requital
,
I
say
,
but
more
,
as
it
should
seem
,
for
shew
than
use
;
and
rather
to
curry
favour
with
the
people
at
the
present
,
than
in
good
deed
for
the
advantage
of
the
English
Name
.
Wherein
he
in
some
measure
followed
well
near
the
practice
of
Alaricus
,
who
having
conquered
the
Romans
,
and
finding
that
they
took
it
in
dudgeon
to
be
bound
up
by
the
Laws
of
the
Goths
,
though
in
other
things
they
were
compliant
enough
,
restored
to
them
the
Roman
Laws
,
but
by
sly
interpretations
against
the
sense
and
meaning
of
the
Roman
Laws
he
drew
these
Laws
back
again
to
the
Gothish
.
For
the
times
on
this
side
the
Normans
entrance
,
are
so
full
of
new
Laws
,
especially
such
as
belong
to
the
right
of
Tenancy
or
Vassalage
;
though
other
Laws
have
been
carefully
enough
kept
up
from
the
time
of
the
Saxons
,
and
perhaps
from
an
earlier
date
.
For
neither
did
the
gliding
Decrees
of
that
Blazing-Star
,
which
appeared
in
the
Easter
of
that
year
,
so
well
known
for
this
Victory
,
prognosticate
,
as
the
change
of
the
Kingdom
(
a
thing
which
Astrologers
affirm
)
so
the
abolition
of
our
Laws
;
and
yet
in
some
sense
peradventure
an
alteration
of
them
both
;
at
that
rate
,
I
mean
,
as
Jerom
〈…〉
,
that
the
Comet
in
the
year
1533.
which
appeared
in
Aries
(
to
which
Sign
,
our
Island
according
to
Ptolomies
doctrine
is
lyable
)
under
the
North
side
of
the
Milky
Way
,
being
of
a
Jovial
,
Martial
and
Mercurial
force
and
efficacy
,
was
the
fore-teller
or
fore-runner
of
the
change
of
Religion
;
which
happened
three
years
after
in
Henry
the
Eighth's
time
.
But
whatever
may
be
thought
in
other
cases
,
Christianity
is
exempt
from
the
Laws
and
over-ruling
power
of
the
Stars
,
and
I
do
but
too
well
perceive
,
that
Cardan's
piety
is
wanting
in
this
and
in
other
instances
,
and
particularly
in
casting
our
Saviours
Nativity
.
And
why
do
I
too
much
besides
my
purpose
,
trouble
my self
about
these
things
here
?
Go
thy
wayes
to
our
Janus
,
(
for
thou
canst
hardly
chuse
but
own
him
having
two
faces
)
where
to
speak
of
our
English
Brittish
Law
(
't
is
no
Treason
I
trow
so
to
call
it
)
Nobilitas
nec
origo
later
,
sed
luce
sequente
Vincitur
.
—
That
is
,
It
's
noble
rise
doth
not
lye
hid
,
but
light
Attending
makes
it
far
more
clear
and
bright
.
For
,
Si
nobilitas
cunctis
exordia
pandit
Laudibus
,
atque
omnes
redeunt
in
semina
causae
.
That
is
,
If
nobleness
doth
first
commence
all
praise
,
And
all
things
from
their
feeds
do
themselves
raise
.
However
it
does
not
at
all
boast
of
its
Rom●lus's
,
its
Numa's
,
its
Decemviri
,
it
s
2000.
Books
,
it
s
4000.
and
4000.
and
4000.
Verses
;
and
the
like
;
which
having
been
digested
long
since
(
as
it
were
—
non
hos
quaesitum
munus
in
usus
,
That
is
,
A
boon
not
purchas'd
for
such
use
as
this
)
do
far
and
near
bear
sway
in
Courts
of
Law
throughout
all
Europe
;
yet
is
not
the
rise
and
original
of
our
Laws
also
less
to
be
regarded
;
nor
is
it
perchance
for
distance
of
time
further
from
Iapetus
than
they
.
But
go
thy
wayes
,
I
say
,
and
see
that
thou
dost
not
undertake
without
reason
and
good
advice
,
to
fit
any
thing
to
the
present
Age
,
otherwise
than
the
changes
,
the
repeals
and
cancelling
parts
of
Laws
,
and
new
emergencies
and
vicissitudes
of
affairs
,
which
were
frequent
,
will
give
thee
leave
.
Remember
Lucretius
in
this
case
alike
as
in
others
.
Quod
fuit
in
pretio
,
fit
nullo
denique
honore
;
Porrò
aliud
succedit
,
&
è
contemtibus
exit
,
Inque
dies
magis
appetitur
,
floretque
repertum
Laudibus
,
&
miro'st
mortaleis
inter
honore
.
That
is
,
What
was
in
price
,
at
last
hath
no
esteem
;
Whilst
somewhat
else
starts
up
,
and
gains
repute
,
And
every
day
grows
more
in
vogue
and
brute
,
And
mortals
strangely
do
it
highly
deem
.
According
to
what
that
other
,
and
the
greatest
Philosopher
among
the
Poets
saith
,
Multa
dies
,
variusque
labor
mutabilis
aevi
Rettulit
in
melius
.
—
That
is
,
Time
and
the
various
toyl
of
changing
age
Many
things
betters
,
and
reforms
the
Stage
.
And
the
Greek
sentence
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
For
time
to
Laws
themselves
gives
Law
full
oft
.
without
a
world
of
rubs
in
the
way
and
slips
or
distances
of
years
,
I
saw
I
was
not
able
to
put
upon
the
work
the
face
of
a
History
,
and
to
muster
up
all
things
that
are
wanting
.
Very
many
things
are
so
effaced
by
injury
of
time
,
several
things
have
been
lost
through
neglect
,
nor
is
the
Learned
World
under
a
small
discontent
,
or
at
small
variance
by
reason
of
this
loss
.
These
remains
,
which
are
left
us
,
to
be
handled
upon
occasion
,
I
have
alwayes
accounted
pleasant
researches
:
I
,
and
perhaps
one
may
say
,
that
those
Learned
Pieces
,
which
Pomponius
,
Rivallius
,
Zasius
,
Oldendorp
,
Brissonius
,
and
others
,
have
published
concerning
the
Twelve
Tables
,
and
the
Laws
written
upon
Oaken
Planks
,
upon
Elephants
Skins
,
and
in
former
Ages
upon
Brass
,
are
not
of
more
use
and
advantage
for
the
City
Spire
in
Germany
,
than
these
Collections
may
be
for
Westminster-Hall
amongst
us
.
We
have
said
enough
and
to
spare
,
concerning
the
model
and
frame
of
the
Work.
For
me
now
to
beg
the
Readers
pardon
,
that
I
may
speak
a
little
concerning
my self
,
seeing
it
was
at
my
own
choice
,
whether
I
would
give
him
trouble
or
no
,
would
be
silly
.
I
so
be
that
any
one
shall
shew
himself
more
busie
or
pragmatical
in
these
Writings
of
mine
,
than
becomes
him
;
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Not
knowing
(
as
we
say
)
a
Pig
from
a
Dog.
I
would
not
have
him
ignorant
,
that
I
value
it
no
more
than
a
rush
,
to
be
lashed
with
the
flouts
of
prattle-boxes
or
tittle-tatlers
,
and
sch
creatures
as
carry
the
Goddess
Nemesis
on
pickpack
.
Nor
does
any
one
that
is
in
his
wits
,
when
an
Ass
kicks
and
flings
at
him
to
little
or
no
purpose
,
regard
an
idle
oafish
affront
so
as
to
requite
it
.
I
paint
upon
my
weather-boards
Averrunca
,
i.e.
God
forefend
,
(
as
they
did
of
old
Arse
verse
upon
houses
,
to
preserve
them
from
fire
.
)
May
Intercedona
,
Pilumnus
,
and
Deverra
,
drive
away
Silvanus
,
and
keep
him
off
from
doing
this
tender
Infant
any
harm
.
Well!
let
Asses
and
silly
Animals
commend
,
find
fault
,
tune
their
pipes
,
how
they
will
:
let
the
envious
and
ill
natured
with
their
sneerings
,
prate
and
talk
;
let
snotty
nosed
Fellows
and
Clowns
,
that
feed
upon
cockle
bread
,
approve
what
I
write
,
or
let
them
flout
and
fleer
,
or
let
them
play
Jack
of
both
sides
;
it
's
all
fiddle
faddle
to
me
,
nor
would
I
put
a
straw
between
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Brow-benders
,
making
Nose
and
Chin
to
meet
,
With
dangling
Beards
like
sacks
down
to
your
feet
.
Ye
rigid
Cato's
and
severe
Criticks
,
do
ye
take
in
good
part
,
what
I
have
done
;
nor
let
me
be
altogether
slighted
,
if
by
chance
ye
shall
vouchsafe
to
look
this
way
,
nor
with
your
skew
looks
fore-speak
my
harvest
in
the
blade
.
I
shall
readily
and
willingly
yield
the
conquest
to
him
that
fairly
gets
it
,
and
rightfully
corrects
me
.
But
whoever
thou
art
of
that
sort
of
men
,
Per
meos
fines
&
aprica
rura
Lenis
incedas
,
abeasque
parvis
Aequus
alumnis
.
O're
my
bounds
and
sunny
plain
Take
a
gentle
walk
or
twain
;
Then
depart
with
friendly
mind
,
To
me
and
my
Lambkins
kind
.
You
,
that
are
candid
and
courteous
,
know
,
that
't
is
a
very
hard
matter
to
brighten
things
that
are
grown
out
of
use
,
to
furnish
things
obscure
with
light
,
to
set
off
things
that
are
disdained
,
with
credit
,
to
make
things
doubtful
pass
for
probable
,
to
assign
to
every
thing
it
s
own
nature
,
and
every
thing
to
its
own
nature
;
and
that
it
is
a
very
brave
and
gallant
thing
,
as
he
sayes
,
for
those
that
have
not
attained
their
design
,
yet
to
have
endeavoured
it
;
when
the
Will
(
as
we
say
)
is
accepted
for
the
Deed.
But
I
know
too
,
that
every
Cone
or
point
of
vision
in
the
Opticks
differs
from
a
right
angle
;
and
I
know
how
odious
a
thing
a
Train
or
solemn
Procession
is
in
the
publick
Games
.
Therefore
,
dear
Reader
,
I
bid
thee
heartily
farewel
;
and
with
a
fortunate
endeavour
,
fetch
out
hence
,
what
may
make
for
thy
turn
.
Why
do
I
delay
all
this
while
to
let
thee
in
?
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Go
thy
wayes
in
,
o'
Gods
name
.
Laudamus
veteres
,
sed
nostris
utimur
annis
:
Mos
tamen
est
aeque
dignus
uterque
coli
.
We
praise
old
times
,
but
make
use
of
our
own
;
And
yet
't
is
fit
they
both
alike
be
known
.
Go
in
and
welcome
heartily
;
and
be
not
unkind
to
thy
Entertainer
.
From
the
Inner
Temple
London
,
Decemb.
25.
1610.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
In
laudem
dignissimi
Authoris
,
&
politioris
literaturae
candidati
,
Carmen
.
CUm
Jovis
effoeti
Pallas
foret
orta
cerebro
,
Vagitus
teneros
virgo
patrima
dedit
.
Accurrit
,
tacitéque
novam
subducere
prolem
Tentat
,
&
abstrusis
abdere
Juno
locis
.
Jupiter
ingenuam
solerti
indagine
natam
Quaeritat
,
&
celeri
permeat
astra
pede
;
Stat
,
cerebrique
tuam
cernens
,
Seldene
,
Minervam
In
natae
amplexus
irruit
ille
tuae
.
Atque
suam
credit
;
parilique
ab
imagine
formae
Illa
fuit
suavis
,
suavis
&
illa
fuit
.
Lisque
foret
,
nisi
quae
quondam
Lucina
fuisset
,
Musarum
testis
turba
novena
fuit
.
Quam
cognata
Jovis
tua
casta
Minerva
Minervae
est
,
Cum
tantum
fallax
lusit
imago
Deum
?
ALIUD
.
DUm
tuus
ambiguâ
Janus
,
facieque
biformi
Respicit
antiqua
,
&
posteriora
videt
:
Archivos
Themidis
canos
,
monumentaque
legum
Vindicat
à
veteri
semi-sopita
situ
.
Hinc
duplex
te
Jane
manet
veterane
corona
,
Gratia
canitie
,
posteritate
decus
.
Gulielmus
Bakerus
Oxon.
ASTRAEAE
BRIT
.
ULtima
caelicolûm
terras
Astraea
reliquit
.
Tu
tamen
alma
redi
&
terras
Astraea
revise
:
Astraea
alma
redi
tuis
Britannis
:
Et
diva
alma
fave
tuis
Britannis
:
Et
diva
alma
fove
tuos
Britannos
:
Et
diva
alma
regas
tuos
Britannos
:
Cantemus
tibi
sic
tui
Britanni
:
Foelices
nimium
ô
tui
Britanni
:
Tu
tandem
alma
redis
divum
postrema
Britannis
:
Ultima
coelicolûm
terras
Astraea
revisit
.
Alma
redi
.
sacro
redolent
altaria
sumo
Et
tibi
sacratis
ignibus
.
Alma
redi
.
Alma
redi
.
posuit
Liber
hic
primordia
juris
Anglos
quo
poteris
tu
regere
.
Alma
redi
.
Alma
redi
.
tibi
templa
struit
Seldenus
:
at
aram
Qui
tibi
nil
potuit
sanctius
.
Alma
redi
.
E.
Heyward
.
In
Epigraphen
Libri
Carmen
.
QUisnam
Iò
mussat
?
Posuisti
Enyo
Arma
;
jam
doctos
Iber
haùt
Batavos
Marte
turbat
;
Foedere
jam
Britannus
Continet
Orbem
.
Clusium
Audax
quis
reserat
latentem
?
Falleris
.
Diae
Themidis
recludo
Intima
.
Haec
portâ
meliùs
feratâ
Pandit
Eanus
.
I.
S.
THE
CONTENTS
OF
THE
CHAPTERS
.
BOOK
I.
CHAP.
I.
THE
counterfeit
Berosus
with
the
Monk
that
put
him
forth
,
both
censured
.
The
Story
of
Samothes
the
first
Celtick
King.
The
bounds
of
Celtica
.
From
Samothes
,
say
they
,
the
Britans
and
Gauls
were
called
Samothei
.
For
which
Diogenes
Laertius
is
falsly
quoted
;
the
word
in
him
,
being
Semnothei
,
page
1.
CHAP.
II.
An
Account
of
the
Semnothei
.
Why
so
called
;
the
opinion
of
H.
Stephen
,
and
of
the
Author
.
Old
Heroes
and
Philosophers
went
by
the
names
of
Demy-gods
.
The
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
or
Venerable
Goddesses
,
the
same
as
Eumenides
,
dispensers
of
Justice
.
And
by
Plutarch
and
Orpheus
they
are
set
for
Civil
Magistrates
.
Judges
in
Scripture
so
called
Elohim
,
i.
e.
Gods.
These
Semnai
theai
the
same
as
Deae
Matres
in
an
old
British
Inscription
,
p.
3
CHAP.
III.
One
Law
of
Samothes
out
of
Basingstoke
concerning
the
reckoning
of
Time
by
Nights
.
Bodinus
his
censure
of
Astrologers
for
otherwise
computing
their
Planetary
Hours
.
A
brief
account
of
some
of
Samothes
his
Successors
,
Magus
,
Sarron
,
Druis
,
from
whom
the
Druids
,
&c.
p.
5
CHAP.
IV.
K.
Phranicus
900.
Years
after
Samothes
being
to
reside
in
Pannonia
,
intrusts
the
Druids
with
the
Government
.
In
the
mean
time
Brutus
,
Aeneas
his
Grand-son
,
arrives
and
is
owned
King
by
the
Britans
,
and
builds
Troynovant
,
i.
e.
London
.
Dunvallo
Molmutius
600.
years
after
is
King
,
and
makes
Laws
concerning
Sanctuaries
,
Roads
or
High-wayes
and
Plow-lands
.
K.
Belin
his
Son
confirms
those
Laws
,
and
casts
up
four
great
Cause-wayes
through
the
Island
.
A
further
account
of
Molmutius
.
p.
6
CHAP.
V.
A
brief
Account
of
Q.
Regent
Martia
,
and
of
Merchenlage
,
whether
so
called
from
her
,
or
from
the
Mercians
.
Annius
again
censured
for
a
Forger
,
and
his
Berosus
for
a
Fabulous
Writer
,
p.
7
CHAP.
VI.
The
story
of
Brutus
canvast
and
taken
to
be
a
Poetick
Fiction
of
the
Bards
.
Jeoffry
of
Monmouth's
credit
called
in
question
.
Antiquaries
at
a
loss
in
their
judgements
of
these
frivolous
stories
,
p.
8
CHAP.
VII
.
What
the
Trojan
Laws
were
,
which
Brutus
brought
in
.
That
concerning
the
Eldest
Sons
Inheriting
the
whole
Estate
,
confuted
.
In
the
first
times
there
were
no
Positive
Laws
;
yet
mention
made
of
them
in
some
very
ancient
Authors
,
notwithstanding
a
remark
of
some
ancient
Writers
to
the
contrary
,
p.
10
CHAP.
VIII
.
An
Account
of
the
DRUIDS
out
of
Caesar's
Commentaries
,
whence
they
were
so
called
.
Their
determining
in
point
of
Law
,
and
passing
Sentence
in
case
of
Crime
.
Their
Award
binds
all
parties
.
Their
way
of
Excommunicating
or
Outlawing
.
They
have
a
Chief
over
them
.
How
he
is
chosen
.
Their
Priviledge
and
Immunity
,
p.
12
CHAP.
IX
.
The
menage
of
their
Schools
without
Writing
.
On
other
occasions
they
might
use
the
Greek
Letters
,
as
Caesar
saith
,
yet
not
have
the
language
.
The
Greek
Letters
then
were
others
than
what
they
are
now
.
These
borrowed
from
the
Gauls
,
as
those
from
the
Phoenicians
.
Ceregy-Drudion
,
or
the
Druids
Stones
in
Wales
.
This
Place
of
Caesar's
suspected
.
Lipsius
his
Judgement
of
the
whole
Book
,
p.
13
CHAP.
X.
The
Druids
reckoning
of
time
.
An
Age
consists
of
thirty
Years
.
What
Authors
treat
of
the
Druids
.
Their
Doctrines
and
Customs
savour
of
Pythagoras
and
the
Cabbalists
.
They
were
the
eldest
Philosophers
and
Lawyers
among
the
Gentiles
.
Some
odd
Images
of
theirs
in
Stone
,
in
an
Abby
near
Voitland
,
described
,
p.
15
CHAP.
XI
.
The
Britans
and
Gauls
had
Laws
and
Customs
much
alike
,
and
whence
that
came
.
Some
things
common
to
them
both
,
set
down
;
in
relation
to
the
breeding
of
their
Children
,
the
Marrying
of
their
Wives
,
the
Governing
of
their
Families
,
burning
Women
that
killed
their
Husbands
,
and
burning
some
Servants
with
the
dead
Master
for
company
.
Together
with
some
Remarks
of
their
publick
Government
,
p.
16
CHAP.
XII
.
Women
admitted
to
publick
debates
.
A
large
commendation
of
the
Sex
,
together
with
a
vindication
of
their
fitness
to
govern
;
against
the
Salick
Law
,
made
out
by
several
examples
of
most
Nations
,
p.
18
CHAP.
XIII
.
Their
putting
themselves
under
protection
by
going
into
great
mens
service
.
Their
Coins
of
money
,
and
their
weighing
of
it
.
Some
sorts
of
flesh
not
lawful
to
be
eaten
by
them
,
p.
21
CHAP.
XIV
.
Community
of
Wives
among
the
Britans
,
used
formerly
by
other
Nations
also
.
Chalcondylas
his
mistake
from
our
Civil
Custom
of
Saluting
.
A
rebuke
of
the
foolish
humour
of
Jealousie
,
p.
22
CHAP.
XV.
An
account
of
the
British
State
under
the
Romans
.
Claudius
wins
a
Battel
,
and
returns
to
Rome
in
Triumph
,
and
leaves
A.
Plautius
to
order
affairs
.
A
Colony
is
sent
to
Maldon
in
Essex
,
and
to
several
other
places
.
The
nature
of
these
Colonies
out
of
Lipsius
.
Julius
Agricola's
Government
here
in
Vespasian's
time
,
p.
24
CHAP.
XVI
.
In
Commodus
his
time
King
Lucy
embraces
the
Christian
Religion
,
and
desires
Eleutherius
then
Pope
,
to
send
him
the
Roman
Laws
.
In
stead
of
Heathen
Priests
,
he
makes
three
Arch-Bishops
and
twenty
eight
Bishops
.
He
endows
the
Churches
,
and
makes
them
Sanctuaries
.
The
manner
of
Government
in
Constantine's
time
,
where
ends
the
Roman
account
.
p.
27
CHAP.
XVII
.
The
Saxons
are
sent
for
in
by
Vortigern
against
the
Scots
and
Picts
,
who
usurping
the
Government
,
set
up
the
Heptarchy
.
The
Angles
,
Jutes
,
Frisons
,
all
called
Saxons
.
An
account
of
them
and
their
Laws
,
taken
out
of
Adam
of
Bremen
,
p.
29
CHAP.
XVIII
.
The
Saxons
division
of
their
people
into
four
ranks
.
No
person
to
marry
out
of
his
own
rank
.
What
proportion
to
be
observed
in
Marriages
according
to
Policy
.
Like
to
like
the
old
Rule
.
Now
Matrimony
is
made
a
matter
of
money
,
p.
30
CHAP.
XIX
.
The
Saxons
way
of
judging
the
Event
of
War
with
an
Enemy
.
Their
manner
of
approving
a
proposal
in
Council
,
by
clattering
their
Arms.
The
Original
of
Hundred-Courts
.
Their
dubbing
their
Youth
into
Men.
The
priviledge
of
young
Lads
Nobly
born
.
The
Morganheb
or
Wedding-dowry
,
p.
32
CHAP.
XX.
Their
severe
punishments
of
Adultery
,
by
maiming
some
parts
of
the
body
.
The
reason
of
it
given
by
Bracton
.
The
like
practised
by
Danes
and
Normans
,
p.
33
CHAP.
XXI
.
The
manner
of
Inheriting
among
them
.
Of
deadly
Feuds
.
Of
Wergild
or
Head-money
for
Murder
.
The
Nature
of
Country-Tenures
and
Knights
Fees
,
p.
36
CHAP.
XXII
.
Since
the
return
of
Christianity
into
the
Island
.
King
Ethelbert's
Law
against
Sacriledge
.
Thieves
formerly
amerced
in
Cattel
.
A
blot
upon
Theodred
the
Good
,
Bishop
of
London
,
for
hanging
Thieves
.
The
Country
called
Engelond
by
Order
of
King
Egbert
,
and
why
so
called
.
The
Laws
of
King
Ina
,
Alfred
,
Ethelred
,
&c.
are
still
to
be
met
with
in
Saxon.
Those
of
Edward
the
Confessor
,
and
King
Knute
the
Dane
,
were
put
forth
by
Mr.
Lambard
in
his
Archaeonomia
,
p.
37
CHAP.
XXIII
.
King
Alfred
divides
England
into
Counties
or
Shires
,
and
into
Hundreds
and
Tythings
.
The
Original
of
Decenna
or
Court-leet
,
Friburg
,
and
Mainpast
.
Forms
of
Law
,
how
People
were
to
answer
for
those
whom
they
had
in
Borgh
or
Mainpast
,
p.
39
CHAP.
XXIV
.
King
Alfred
first
appointed
Sheriffs
.
By
Duns
Scotus
his
advice
,
he
gave
Order
for
the
breeding
up
of
Youth
in
Learning
.
By
the
way
,
what
a
Hide
of
Land
is
.
King
Edgar's
Law
for
Drinking
.
Prelates
investiture
by
the
Kings
Ring
and
Staff.
King
Knute's
Law
against
any
English-man
that
should
kill
a
Dane
.
Hence
Englescyre
.
The
manner
of
Subscribing
and
Sealing
till
Edward
the
Confessor's
time
.
King
Harold's
Law
,
that
no
Welch-man
should
come
on
this
side
Offa's
Dike
with
a
weapon
,
p.
41
CHAP.
VXX
.
The
Royal
Consorts
great
Priviledge
of
Granting
.
Felons
Estates
forfeited
to
the
King.
Estates
granted
by
the
King
with
three
Exceptions
of
Expedition
,
Bridge
,
and
Castle
.
The
Ceremony
of
the
Kings
presenting
a
Turf
at
the
Altar
of
that
Church
,
to
which
he
gave
Land.
Such
a
Grant
of
King
Ethelbald
comprized
in
old
Verse
,
p.
43
THE
CONTETNS
.
BOOK
II.
CHAP.
I.
WIlliam
the
Conquerour's
Title
.
He
bestows
Lands
upon
his
followers
,
and
brings
Bishops
and
Abbots
under
Military
service
.
An
account
of
the
old
English
Laws
,
called
Merchenlage
,
Dan●lage
,
and
Westsaxen-lage
.
He
is
prevailed
upon
by
the
Barons
,
to
govern
according
to
King
Edward's
Laws
,
and
at
S.
Albans
takes
his
Oath
so
to
do
.
Yet
some
new
Laws
were
added
to
those
old
ones
,
p.
47
CHAP.
II.
The
whole
Country
inrolled
in
Dooms-day
Book
.
Why
that
Book
so
called
.
Robert
of
Glocester's
Verses
to
prove
it
.
The
Original
of
Charters
and
Seals
from
the
Normans
,
practised
of
old
among
the
French.
Who
among
the
Romans
had
the
priviledge
of
using
Rings
to
seal
with
,
and
who
not
,
p.
51
CHAP.
III.
Other
wayes
of
granting
and
conveying
Estates
,
by
a
Sword
,
&c.
particularly
by
a
Horn.
Godwin's
trick
to
get
Boseham
of
the
Arch-Bishop
of
Canterbury
.
Pleadings
in
French.
The
French
Language
and
Hand
when
came
in
fashion
.
Coverse●
.
Laws
against
taking
of
Deer
,
against
Murder
;
against
Rape
,
p.
54
CHAP.
IV.
Sheriffs
and
Juries
were
before
this
time
.
The
four
Terms
.
Judges
to
act
without
appeal
.
Justices
of
Peace
.
The
Kings
payments
made
at
first
in
Provisions
.
Afterwards
changed
into
Mony
,
which
the
Sheriff
of
each
County
was
to
pay
in
to
the
Exchequer
.
The
Constable
of
Dover
and
Warder
of
the
Cinque
Ports
why
made
▪
A
disorder
in
Church-affairs
Reformed
,
p.
56
CHAP.
V.
William
Rufus
succeeds
.
Annats
now
paid
to
the
King.
Why
claimed
by
the
Pope
.
No
one
to
go
out
of
the
Land
without
leave
.
Hunting
of
Deer
made
Felony
.
p.
59
CHAP.
VI.
Henry
the
First
why
called
Beauclerk
.
His
Letters
of
Repeal
.
An
Order
for
the
Relief
of
Lands
.
What
a
Hereot
was
.
Of
the
Marriage
of
the
Kings
Homagers
Daughter
,
&c.
Of
an
Orphans
Marriage
.
Of
the
Widows
Dowry
.
Of
other
Homagers
the
like
.
Coynage-money
remitted
.
Of
the
disposal
of
Estates
.
The
Goods
of
those
that
dye
Intestate
,
now
and
long
since
,
in
the
Churches
Jurisdiction
;
as
also
the
business
of
Wills.
Of
Forfeitures
.
Of
Misdemeanors
.
Of
Forests
.
Of
the
Fee
de
Hauberk
.
King
Edward's
Law
restored
,
p.
60
CHAP.
VII
.
His
order
for
the
restraint
of
his
Courtiers
.
What
the
punishment
of
Theft
.
Coyners
to
lose
their
Hands
and
Privy
members
.
Guelding
a
kind
of
death
.
What
Half-pence
and
Farthings
to
pass
.
The
right
measure
of
the
Eln.
The
Kings
price
set
for
provisions
,
p.
63
CHAP.
VIII
.
The
Regality
claim'd
by
the
Pope
,
but
within
a
while
resumed
by
the
King.
The
Coverfe●
dispensed
with
.
A
Subsidy
for
marrying
the
Kings
daughter
.
The
Courtesie
of
England
.
Concerning
Shipwrack
.
A
Tax
levied
to
raise
and
carry
on
a
War
,
p.
65
CHAP.
IX
.
In
King
Stephen's
Reign
all
was
to
pieces
.
Abundance
of
Castles
built
.
Of
the
priviledge
of
Coining
.
Appeals
to
the
Court
of
Rome
now
set
on
foot
.
The
Roman
Laws
brought
in
,
but
disowned
.
An
instance
in
the
Wonder-working
Parliament
,
p.
67
CHAP.
X.
In
King
Henry
the
Seconds
time
,
the
Castles
demolished
.
A
Parliament
held
at
Clarendon
.
Of
the
Advowson
and
Presentation
of
Churches
.
Estates
not
to
be
given
to
Monasteries
without
the
Kings
leave
.
Clergymen
to
answer
in
the
Kings
Court.
A
Clergyman
convict
,
out
of
the
Churches
Protection
.
None
to
go
out
of
the
Realm
,
without
the
Kings
leave
.
This
Repealed
by
King
John.
Excommunicate
Persons
to
find
Surety
.
Laymen
how
to
be
impleaded
in
the
Ecclesiastical
Court.
A
Lay-Jury
to
swear
there
,
in
what
case
.
No
Homager
or
Officer
of
the
Kings
to
be
Excommunicated
,
till
He
or
his
Justice
be
acquainted
,
p.
69
CHAP.
XI
.
Other
Laws
of
Church
affairs
.
Concerning
Appeals
.
A
Suit
betwixt
a
Clergy-man
and
a
Lay-man
,
where
to
be
tryed
.
In
what
case
one
,
who
relates
to
the
King
,
may
be
put
under
an
Interdict
.
The
difference
betwixt
that
and
Excommunication
.
Bishops
to
be
present
at
the
Tryals
of
Criminals
,
until
Sentence
of
Death
,
&c.
pass
.
Profits
of
vacant
Bishopricks
,
&c.
belong
to
the
King.
The
next
Bishop
to
be
chosen
in
the
Kings
Chappel
,
and
to
do
Homage
before
Consecration
.
Deforcements
to
the
Bishop
,
to
be
righted
by
the
King.
And
on
the
contrary
,
Chattels
forfeit
to
the
King
,
not
to
be
detained
by
the
Church
.
Pleas
of
debts
whatsoever
in
the
Kings
Court.
Yeomens
Sons
not
to
go
into
Orders
without
the
Lords
leave
,
p.
72
CHAP.
XII
.
The
Statutes
of
Clarendon
mis-reported
in
Matthew
Paris
,
amended
in
Quadrilegus
.
These
Laws
occasioned
a
Quarrel
between
the
King
and
Thomas
a
Becket
.
Witness
Robert
of
Glocester
,
whom
he
calls
Yumen
.
The
same
as
Rusticks
,
i.
e.
Villains
.
Why
a
Bishop
of
Dublin
called
Scorch-Uillein
.
Villanage
before
the
Normans
time
,
p.
74
CHAP.
XIII
.
The
Poet
gives
account
which
of
those
Laws
were
granted
by
Thomas
a
Becket
,
which
withstood
.
Leudemen
signifies
Lay-men
,
and
more
generally
all
illiterate
Persons
,
p.
77
CHAP.
XIV
.
The
Pope
absolves
Thomas
a
Becket
from
his
Oath
,
and
damns
the
Laws
of
Clarendon
.
The
King
resents
it
,
writes
to
his
Sheriffs
,
Orders
a
Seisure
.
Penalties
inflicted
on
Kindred
.
He
provides
against
an
Interdict
from
Rome
.
He
summons
the
Bishops
of
London
and
Norwich
.
An
account
of
Peter
Pence
,
p.
79
CHAP.
XV.
A
Parliament
at
Northampton
.
Six
Circuits
ordered
.
A
List
of
the
then
Justices
.
The
Jury
to
be
of
twelve
Knights
.
Several
sorts
of
Knights
.
In
what
cases
Honorary
Knights
to
serve
in
Juries
.
Those
who
come
to
Parliament
by
right
of
Peerage
,
sit
as
Barons
.
Those
who
come
by
Letters
of
Summons
,
are
styled
Chevaliers
,
p.
81
CHAP.
XVI
.
The
person
convict
by
Ordeal
,
to
quit
the
Realm
within
Forty
dayes
.
Why
Forty
dayes
allowed
.
An
account
of
the
Ordeals
by
Fire
and
Water
.
Lady
Emme
clear'd
by
going
over
burning
Coulters
.
Two
sorts
of
tryal
by
Water
.
Learned
conjectures
at
the
rise
and
reason
of
these
customs
.
These
Ordeals
,
as
also
that
of
single
Combat
condemned
by
the
Church
,
p.
84
CHAP.
XVII
.
Other
Laws
:
Of
entertaining
of
strangers
.
An
Uncuth
,
a
Gust
,
a
Hogenhine
;
what
of
him
who
confesseth
the
Murder
,
&c.
Of
Frank
pledge
.
Of
an
Heir
under
age
.
Of
a
Widows
Dowry
.
Of
taking
the
Kings
fealty
.
Of
setting
a
time
to
do
homage
.
Of
the
Justices
duty
.
Of
their
demolishing
of
Castles
.
Of
Felons
to
be
put
into
the
Sheriffs
hands
.
Of
those
who
have
departed
the
Realm
,
p.
87
CHAP.
XVIII
.
Some
Laws
in
favour
of
the
Clergy
.
Of
forfeitures
on
the
account
of
Forest
or
hunting
.
Of
Knights
fees
.
Who
to
bear
Arms
,
and
what
Arms.
Arms
not
to
be
alienated
.
No
Jew
to
bear
Arms.
Arms
not
to
be
carryed
out
of
England
.
Rich
men
under
suspicion
to
clear
themselves
by
Oath
.
Who
allowed
to
swear
against
a
Free-man
.
Timber
for
building
of
Ships
not
to
be
carryed
out
of
England
.
None
but
Free-men
to
bear
Arms.
Free-men
who
.
Rusticks
or
Villains
not
such
,
p.
90
CHAP.
XIX
.
Of
Law-makers
.
Our
Kings
not
Monarchs
at
first
.
Several
of
them
in
the
same
County
.
The
Druids
meeting-place
where
.
Under
the
Saxons
,
Laws
made
in
a
general
Assembly
of
the
States
.
Several
instances
.
This
Assembly
under
the
Normans
called
Parliament
.
The
thing
taken
from
a
custome
of
the
ancient
Germans
.
Who
had
right
to
sit
in
Parliament
.
The
harmony
of
the
Three
Estates
,
p.
93
CHAP.
XX.
The
Guardians
of
the
Laws
,
who
.
In
the
Saxons
time
seven
Chief
.
One
of
the
Kings
among
the
Heptarchs
styled
Monarch
of
all
England
.
The
Office
of
Lord
High
Constable
.
Of
Lord
Chancellor
,
ancient
.
The
Lord
Treasurer
.
Alderman
of
England
,
what
.
Why
one
called
Healfkoning
.
Aldermen
of
Provinces
and
Graves
,
the
same
as
Counts
or
Earls
and
Viscounts
or
Sheriffs
.
Of
the
County
Court
,
and
the
Court
of
Inquests
,
called
Tourn
le
Viscount
.
When
this
Court
kept
,
and
the
original
of
it
,
p.
95
CHAP.
XXI
.
Of
the
Norman
Earls
.
Their
Fee.
Their
power
of
making
Laws
.
Of
the
Barons
,
i.
e.
Lords
of
Manours
.
Of
the
Court-Baron
.
It
s
rise
.
An
instance
of
it
out
of
Hoveden
.
Other
Offices
much
alike
with
the
Saxons
.
p.
98
THE
FIRST
BOOK
OF
THE
ENGLISH
JANUS
.
From
the
Beginning
of
the
BRITISH
Story
down
to
the
NORMAN
Conquest
.
CHAP.
I.
The
counterfeit
Berosus
with
the
Monk
that
put
him
forth
,
both
censured
.
The
Story
of
Samothes
the
first
Celtick
King.
The
bounds
of
Celtica
.
From
Samothes
,
say
they
,
the
Britans
and
Gauls
were
called
Samothei
.
For
which
Diogenes
Laertius
is
falsly
quoted
;
the
word
in
him
,
being
Semnothei
.
THERE
came
forth
,
and
in
Buskins
too
(
I
mean
,
with
Pomp
and
State
)
some
parcels
of
years
ago
,
and
is
still
handed
about
every
where
,
an
Author
,
called
Berosus
a
Chaldee
Priest
(
take
heed
how
you
suffer
your self
to
believe
him
to
be
the
same
that
Flavius
Josephus
so
often
up
and
down
quotes
for
a
witness
)
with
a
Commentary
of
Viterbiensis
.
Or
,
rather
to
say
that
which
is
the
very
truth
,
John
Annius
of
Viterbium
(
a
City
of
Tuscany
)
a
Dominican
Frier
,
playing
the
Leger-de-main
,
having
counterfeited
Berosus
,
to
put
off
his
own
strange
stories
,
hath
put
a
cheat
upon
the
Lady
Muse
who
is
the
Governess
of
Antiquities
,
and
has
hung
a
Bantling
at
her
back
.
After
the
Genealogies
of
the
Hebrews
drawn
down
by
that
Author
,
whoever
he
be
,
according
to
his
own
humour
and
method
,
for
fear
he
should
not
be
thought
to
take
in
the
Kingdoms
and
Kings
of
the
whole
Universe
,
and
the
Etymologies
of
Proper
Names
by
whole-sale
,
as
we
say
;
as
if
he
had
been
born
the
next
day
after
Grandam
Ops
was
delivered
of
Jupiter
,
he
subjoyns
SAMOTHES
(
the
very
same
who
is
yeleped
Dis
)
the
Founder
of
the
Celtick
Colonies
,
stuffing
up
odd
Patcheries
of
Story
to
entertain
and
abuse
the
Reader
.
Now
,
this
I
thought
fit
by
the
by
,
not
to
conceal
,
that
all
that
space
which
is
bounded
with
the
River
Rhine
,
the
Alpes
,
the
Mediterranean
Sea
,
the
Pyrenean
Hills
,
and
lastly
,
the
Gascoin
and
the
British
Oceans
,
was
formerly
termed
Celtogalatia
;
nay
,
that
P●olomy
hath
comprized
all
Europe
under
the
name
of
Celtica
.
Well
,
as
the
Commentary
of
Annius
has
it
,
This
Samothes
was
Brother
to
Gomar
and
Tubal
by
their
Father
Japhet
,
from
whom
first
the
Britans
,
then
the
Gauls
were
called
Samothei
;
and
especially
the
Philosophers
and
Divines
that
were
his
followers
.
And
out
of
Laertius
he
tells
us
,
For
it
is
evident
,
that
among
the
Persians
the
Magi
flourished
,
among
the
Babylonians
and
Assyrians
the
Chaldeans
were
famous
,
among
the
Celts
and
Gauls
the
Druids
,
and
those
who
were
called
Samothei
;
who
,
as
Aristotle
in
his
Magick
,
and
Sotion
in
his
Three
and
Twentieth
Book
of
Successions
do
witness
,
were
men
very
well
skilled
in
Laws
Divine
and
Humane
,
and
upon
that
account
were
much
addicted
to
Religion
;
and
were
for
that
reason
termed
Samothei
.
These
very
words
you
meet
with
in
Annius
.
The
name
of
Laertius
is
pretended
,
and
the
beginning
of
his
Volume
concerning
the
Lives
of
Philosophers
.
Why
then
let
us
read
Laertius
himself
;
and
amongst
the
Celts
and
Gauls
(
saith
he
)
the
Semnothei
as
saith
Aristotle
in
his
Book
of
Magick
,
and
Sotion
in
his
Three
and
Twentieth
of
Succession
.
Concerning
the
Samothei
any
other
wayes
there
is
not
so
much
as
one
syllable
.
That
they
were
men
well
skilled
in
Laws
Divine
and
Humane
,
or
that
they
had
their
name
given
them
upon
that
account
,
only
the
Latin
and
foisted
Edition
of
B.
Brognol
the
Venetian
has
told
us
:
whereas
in
truth
,
in
all
the
ancient
Greek
Copies
of
Laertius
,
which
that
great
Scholar
Harry
Stephen
saw
and
consulted
with
(
and
he
sayes
he
perused
Eight
or
Nine
)
there
is
no
mention
at
all
made
of
that
business
.
And
yet
for
all
that
,
I
cannot
perswade
my self
,
that
it
was
only
for
want
of
care
,
or
by
meer
chance
,
that
this
slipt
into
the
Glosses
:
It
does
appear
,
that
there
have
been
able
Lawyers
and
Master
Philosophers
not
only
among
the
Greeks
,
the
Gauls
,
and
those
of
Italy
;
but
also
among
the
Northern
Nations
,
however
Barbarous
.
Witness
the
Druids
among
us
,
and
among
the
Goths
,
as
Jornandes
tells
us
,
besides
Cosmicus
,
one
Diceneus
,
who
,
being
at
once
King
of
Men
,
and
Priest
of
Phoebus
,
did
together
with
Natural
Philosophy
and
other
parts
of
good
Learning
,
transmit
to
posterity
a
Body
of
Laws
,
which
they
called
Bellagines
;
that
is
,
By-Laws
.
There
are
some
,
who
in
Laertius
read
Samothei
;
which
is
a
device
of
those
men
,
who
with
too
much
easiness
(
they
are
Isaac
Casaubon's
words
)
that
I
may
say
no
worse
,
suffer
themselves
to
be
led
by
the
Nose
by
that
counterfeit
Berosus
.
CHAP.
II.
An
Account
of
the
Semnothei
.
Why
so
called
;
the
opinion
of
H.
Stephen
,
and
of
the
Author
.
Old
Heroes
and
Philosophers
went
by
the
names
of
Demy-gods
.
The
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
or
Venerable
Goddesses
,
the
same
as
Eumenides
,
dispensers
of
Justice
.
And
by
Plutarch
and
Orpheus
they
are
set
for
Civil
Magistrates
.
Judges
in
Scripture
so
called
Elohim
,
i.
e.
Gods.
These
Semnai
theai
the
same
as
Deae
Matres
in
an
old
British
Inscription
.
ANd
indeed
if
the
Samothei
had
any
thing
to
do
with
truth
,
or
the
Semnothei
any
thing
to
do
with
the
ancient
Law
of
the
Celts
(
in
as
much
as
they
write
,
that
Britany
was
once
in
subjection
to
the
Celtick
Kings
)
I
should
judge
it
not
much
beside
the
design
of
my
intended
Method
to
inquire
into
the
name
and
nature
of
them
both
.
But
they
being
both
one
and
t'other
past
all
hope
,
except
such
a
one
as
Lucian
returning
from
the
Inhabitants
of
the
Sun
,
or
those
of
the
Moon
,
would
write
their
History
,
to
speak
of
them
would
be
more
than
to
lose
ones
labour
.
I
dare
not
to
say
much
of
them
.
I
imagine
,
sayes
Harry
Stephen
,
they
were
so
called
,
for
having
the
Gods
often
in
their
mouths
,
and
that
in
these
words
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
that
is
,
The
Worshipful
Gods
;
or
for
that
they
themselves
were
accounted
amongst
men
as
a
kind
of
Worshipful
Gods
:
but
,
writes
he
,
this
latter
I
do
not
take
to
be
so
likely
as
the
former
.
But
say
I
for
my
part
,
if
I
might
venture
my
opinion
against
the
judgement
of
so
great
a
person
,
I
guess
this
latter
to
be
the
likelier
of
the
two
.
That
the
old
Heroes
went
by
the
names
of
Gods
,
is
a
thing
we
read
every
where
;
nor
did
Antiquity
grudge
the
bestowal
of
this
honour
even
upon
Philosophers
.
Not
upon
Amphiaraus
the
Prophet
;
not
upon
Aesculapius
,
not
upon
Hippocrates
,
renowned
Physicians
;
they
are
reckoned
among
the
middle
sort
of
Gods.
Thus
Plato
also
was
accounted
by
Antistius
Labeo
for
a
Demy-god
,
and
Tyrtamus
for
his
Divine
eloquence
,
had
the
name
of
Theophrastus
(
that
is
,
God-like
Speaker
)
given
him
by
his
Master
Aristotle
.
No
wonder
then
,
if
thereupon
thence
forward
great
Philosophers
were
called
Semnothei
,
and
as
it
were
Worshipful
Gods.
These
instances
incline
me
,
whilst
I
only
take
a
view
of
their
Philosophy
;
whom
,
if
either
the
authority
of
Annius
,
or
the
interpretation
of
Brognol
had
sufficiently
and
fairly
made
out
to
have
been
also
at
the
same
time
Students
and
Masters
of
Law
,
I
should
hardly
stick
almost
to
affirm
,
that
I
had
found
out
in
what
places
the
true
natural
spring
and
source
both
of
their
name
,
and
as
I
may
say
,
of
their
delegated
power
is
to
be
met
with
.
For
I
have
it
in
Pausanias
(
forbear
your
flouts
,
because
I
waft
over
into
Greece
,
from
whence
the
most
ancient
Customs
both
Sacred
and
Prophane
of
the
Gentiles
came
)
I
say
in
Pausanias
the
most
diligent
searcher
of
the
Greek
Antiquities
,
I
meet
upon
Mars
his
Hill
at
Athens
,
and
also
in
his
Achaicks
(
or
Survey
of
Achaia
)
with
Chappels
of
the
Goddesses
whom
the
Athenians
styled
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
that
is
,
Worshipful
.
He
himself
also
in
his
Corinthiacks
makes
mention
of
a
Grove
set
thick
with
a
sort
of
Oaks
on
the
left
side
of
Asopus
a
River
in
Sicyon
(
a
Countrey
of
Peleponnesus
)
where
there
stood
a
little
Chappel
of
the
Goddesses
,
whom
the
Athenians
termed
Semnai
,
the
Sicyomans
called
Eumenides
.
The
story
of
Orestes
and
the
Eumenides
or
Furies
that
haunted
him
is
known
to
every
body
,
nor
can
you
tell
me
of
any
little
smatterer
in
Poetry
,
who
doth
not
know
,
that
they
,
together
with
Adrastia
,
Ramnusia
,
Nem●sis
,
and
other
Goddesses
of
the
same
stamp
,
are
pretended
to
be
the
Avengers
of
Villanies
,
and
continually
to
assist
Jupiter
the
great
God
in
punishing
the
wicked
actions
of
Mortals
.
They
were
black
ones
that
met
with
Orestes
,
but
that
there
were
white
ones
too
,
to
whom
together
with
the
Graces
the
Ancients
paid
their
Devotions
;
the
same
Pausanias
has
left
written
in
his
Survey
of
Arcadia
.
I
let
pass
that
in
the
same
Author
,
she
whom
some
called
Erinnys
,
that
is
a
Fury
;
others
called
Themis
the
Goddess
of
Justice
.
To
be
brief
and
plain
;
the
Furies
,
that
is
,
the
Avenging
Goddesses
sit
upon
the
skirts
of
the
wicked
;
but
the
Eumenides
,
that
is
,
the
kind
Goddesses
,
as
Sophocles
interprets
them
(
for
that
they
were
so
called
properly
without
the
Figure
of
Antiphrasis
or
contradiction
he
is
our
Author
)
do
attend
the
good
and
such
as
are
blameless
and
faultless
,
and
poor
suppliants
.
Nay
,
moreover
Plutarch
writes
in
a
Poetick
strain
,
that
Alcmaeon
fled
from
these
Eumenides
;
meaning
in
very
deed
,
that
he
made
his
escape
from
the
Civil
Magistrates
.
In
a
word
,
the
whole
business
we
have
been
aiming
at
,
Orpheus
compriseth
in
two
Verses
of
that
Hymn
he
has
made
upon
those
Goddesses
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
which
in
a
short
Paraphrase
speaks
thus
;
But
ye
with
eye
of
Justice
,
and
a
face
Of
Majesty
survey
all
humane
race
,
Judges
commission'd
to
all
time
and
place
.
See
here
plainly
out
of
the
most
ancient
Divine
among
the
Heathens
,
how
Judges
and
the
Dispensers
of
Law
pass
under
the
notion
of
these
Venerable
Goddesses
:
and
it
was
a
thing
of
custom
to
term
the
Right
of
the
Infernal
Powers
,
as
well
as
the
Doctrine
of
the
Heavenly
ones
,
a
thing
Holy
and
Sacred
.
What
hinders
then
I
pray
,
but
that
one
may
guess
,
that
the
Name
,
and
Title
,
and
Attributes
or
Characters
of
the
Semnothei
sprang
forth
and
flowed
from
hence
;
to
wit
,
from
the
Semnai
theai
or
Venerable
Goddesses
?
Homer
in
his
Poems
calls
Kings
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
that
is
,
persons
bred
and
nourished
by
Jove
;
yea
,
the
Eternal
and
Sacred
Scriptures
themselves
do
more
than
once
call
Judges
by
that
most
holy
name
Elohim
,
that
is
,
Gods.
The
judgement
is
Gods
,
not
Mans
;
and
(
as
Munster
remarks
out
of
Rabbi
Kimchi
)
whatsoever
thing
Scripture
designs
to
magnifie
or
express
with
height
,
it
subjoyns
to
it
the
name
of
God.
God
(
as
Plutarch
has
it
out
of
Plato
,
who
in
his
Attick
style
imitates
our
Moses
)
hath
set
himself
out
as
a
pattern
of
the
Good
,
the
dreadful
syllables
of
whose
very
notto
be
uttered
Name
(
though
we
take
no
notice
of
the
Cahalists
art
)
do
strike
,
move
and
twitch
the
ears
of
Mortals
,
and
one
while
when
thorough
ignorance
they
straggle
out
of
the
way
,
do
bring
them
back
into
the
path
or
track
of
Justice
;
another
while
when
they
are
stopt
up
with
prejudice
,
and
are
overcast
with
gloomy
darkness
,
do
with
a
stupendous
,
dismal
and
continual
trembling
shake
the
poor
wretches
,
and
put
them
into
Ague-fits
.
Nor
let
that
be
any
hindrance
,
that
so
splendid
and
so
manly
a
name
is
taken
from
the
weaker
Sex
,
to
wit
,
the
Goddesses
.
Let
us
more
especially
have
to
do
with
the
Britans
,
as
those
amongst
whom
are
those
choice
and
singular
Altars
,
not
any
where
else
to
be
met
with
in
the
whole
World
,
with
this
Inscription
,
DEIS
MATRIBUS
,
To
the
Mother-Goddesses
.
Concerning
these
Mother-Goddesses
,
that
excellent
Learned
Man
(
that
I
may
hint
it
by
the
by
)
confesses
he
could
with
all
his
search
find
out
nothing
;
but
if
such
a
mean
person
as
I
,
may
have
leave
,
What
if
one
should
imagine
,
that
those
Goddesses
,
whom
Pausanias
in
his
Attick
stories
calls
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
were
the
same
as
these
Mother
Goddesses
?
for
so
those
Names
import
.
The
Mother
of
the
Gods
is
a
Title
well
known
;
wherewith
not
only
Berecynthia
,
but
also
Juno
,
Cybele
,
Tellus
,
Ceres
,
and
other
Shee
s
among
Mythologists
are
celebrated
and
made
famous
.
Be
this
,
if
you
will
,
a
thing
by
the
by
and
out
of
the
way
;
as
he
tells
us
,
No
great
Wit
ever
pleased
without
a
pardon
.
Relying
upon
that
(
the
Readers
Pardon
I
mean
)
I
undertook
this
Job
,
whatever
it
is
;
and
upon
confidence
of
that
,
I
come
back
to
the
business
.
CHAP.
III.
One
Law
of
Samothes
out
of
Basingstoke
concerning
the
reckoning
of
Time
by
Nights
.
Bodinus
his
censure
of
Astrologers
for
otherwise
computing
their
Planetary
Hours
.
A
brief
account
of
some
of
Samothes
his
Successors
,
Magus
,
Sarron
,
Druis
,
from
whom
the
Druids
,
&c.
WE
do
not
any
where
meet
with
any
Law
enacted
by
Samothes
his
authority
.
Yet
one
only
one
concerning
the
account
of
times
,
Basingstoke
the
Count
Palatine
,
a
very
modern
Historian
,
attributes
to
him
.
He
defined
,
sayes
he
,
the
spaces
or
intervals
of
all
time
,
not
by
the
number
of
dayes
,
but
of
nights
(
the
same
thing
,
saith
Caesar
of
the
Gauls
,
and
Tacitus
of
the
Germans
)
and
he
observed
birth-dayes
,
and
the
commencements
of
months
and
years
in
that
order
,
that
the
day
should
come
after
the
night
.
Truth
is
,
the
Britans
do
at
this
time
observe
that
fashion
,
which
is
most
ancient
,
and
highly
agreeable
to
Nature
.
And
the
Evening
and
the
Morning
was
the
first
day
,
and
so
on
,
sayes
the
Hebrew
Writer
,
whose
Countrey-men
the
Jews
also
followed
this
custom
.
The
Peripateticks
(
i.
e.
the
followers
of
Aristotle
)
do
also
at
this
rate
reckon
Privation
in
the
number
of
their
three
Principles
;
and
hereupon
John
Bodin
adventures
to
censure
the
common
Astrologers
,
that
they
,
according
to
the
course
of
the
Planets
as
they
order
it
,
and
repeat
it
over
and
over
,
begin
their
unequal
hours
,
from
the
rising
,
rather
than
the
setting
of
the
Sun.
They
write
,
that
after
this
Samothes
,
there
came
in
play
Magus
,
Sarran
,
Druis
,
Bardus
,
and
others
more
than
a
good
many
,
in
order
of
succession
.
Sarron
was
not
addicted
to
make
Laws
(
't
is
Stephanus
Forcatulus
helps
us
to
this
)
but
to
compose
them
,
to
put
them
into
order
,
and
to
recommend
them
to
practice
,
as
one
who
reduced
those
Laws
,
which
his
Grand-father
Samothes
,
and
afterward
his
Father
Magus
had
made
,
into
one
Volume
,
and
with
severe
Menaces
gave
order
for
the
keeping
of
them
.
From
Druis
or
Druides
they
will
have
the
Druids
so
called
,
a
sort
of
Philosophers
so
much
famed
and
talked
of
in
Caesar
,
Pliny
and
others
:
believe
it
who
list
for
me
.
The
whole
business
of
the
Druids
at
present
I
put
off
till
Caesar's
times
.
CHAP.
IV.
K.
Phranicus
900.
Years
after
Samothes
being
to
reside
in
Pannonia
,
intrusts
the
Druids
with
the
Government
.
In
the
mean
time
Brutus
,
Aeneas
his
Grand-son
,
arrives
and
is
owned
King
by
the
Britans
,
and
builds
Troynovant
,
i.
e.
London
.
Dunvallo
Molmutius
600.
years
after
is
King
,
and
makes
Laws
concerning
Sanctuaries
,
Roads
or
High-wayes
and
Plow-lands
.
K.
Belin
his
Son
confirms
those
Laws
,
and
casts
up
four
great
Cause-wayes
through
the
Island
.
A
further
account
of
Molmutius
.
ABout
Nine
hundred
years
after
Samothes
,
King
Phranicus
(
take
it
from
the
British
story
,
and
upon
the
credit
of
our
Jeoffry
)
intrusts
the
Druids
with
the
management
of
affairs
,
whilst
he
himself
resided
in
Pannonia
or
Hungary
.
In
the
mean
time
Brutus
,
the
Son
of
Sylvius
Posthumus
King
of
the
Latines
,
and
Grand-child
to
Aeneas
(
for
Servius
Honoratus
in
his
Comment
upon
Virgil
,
makes
Sylvius
to
be
the
Son
of
Aeneas
,
not
of
Ascanius
)
being
happily
arrived
by
Shipping
,
with
Corinus
one
of
the
chief
of
his
company
,
and
coming
to
land
at
Totnes
in
Devonshire
,
the
Britans
salute
and
own
him
King.
He
after
he
had
built
New
Troy
(
that
is
,
London
)
gave
Laws
to
his
Citizens
and
Subjects
;
those
such
as
the
Trojans
had
,
or
a
Copy
of
theirs
.
A
matter
of
Six
hundred
years
after
Dunvallo
Molmutius
being
King
,
ordained
(
my
Authors
besides
Jeoffry
of
Monmouth
,
are
Ralph
of
Chester
in
his
Polychronicon
,
and
Florilegus
)
that
their
Ploughs
,
Temples
and
Roads
that
led
to
Cities
,
should
have
the
priviledge
to
be
places
of
refuge
.
But
because
some
time
after
there
arose
a
difference
concerning
the
Roads
or
High-wayes
,
they
being
not
distinguished
by
certain
Limits
and
Bounds
,
King
Belin
Son
of
the
foresaid
Molmutius
,
to
remove
all
doubt
,
caused
to
be
made
throughout
the
Island
four
Royal
High-wayes
to
which
that
priviledge
might
belong
;
to
wit
,
the
Fosse
or
Dike
,
Watlingstrete
,
Ermingstrete
,
and
Ikeniltstrete
.
(
But
our
Learned
Countrey-man
and
the
great
Light
of
Britan
,
William
Camden
,
Clarenceaux
King
at
Arms
is
of
opinion
,
these
Cause-wayes
were
cast
up
by
the
Romans
;
a
thing
that
Tacitus
,
B●de
and
others
do
more
than
intimate
.
)
Moreover
,
so
sayes
Jeoffry
,
he
ordained
those
Laws
,
which
were
called
Molmutius
his
Laws
,
which
to
this
very
time
are
so
famed
amongst
the
English.
Forasmuch
as
amongst
other
things
,
which
a
long
time
after
,
Gildas
set
down
in
writing
,
he
ordained
,
that
the
Temples
of
the
Gods
,
and
that
Cities
should
have
that
respect
and
veneration
,
that
whatsoever
runagate
Servant
,
or
guilty
person
should
fly
to
them
for
refuge
,
he
should
have
pardon
in
the
presence
of
his
enemy
or
prosecutor
.
He
ordained
also
,
That
the
Wayes
or
Roads
which
led
to
the
aforesaid
Temples
and
Cities
,
as
also
the
Ploughs
of
Husbandmen
should
be
confirmed
by
the
same
Law
:
Afterwards
having
reigned
Forty
years
in
peace
,
he
dyed
and
was
buried
in
the
City
of
London
,
then
called
Troynovant
,
near
the
Temple
of
Concord
(
by
which
Temple
,
there
are
not
wanting
those
who
understand
that
Illustrious
Colledge
on
the
Bank
of
Thames
,
consecrated
to
the
Study
of
our
Common
Law
,
now
called
the
Temple
and
)
which
he
himself
had
built
for
the
confirmation
of
his
Laws
.
At
this
rate
Jeoffry
tells
the
story
;
but
behold
also
those
things
which
Polydore
Virgil
hath
gathered
out
of
ancient
Writers
,
whereof
he
wanted
no
store
.
He
first
used
a
Golden
Crown
,
appointed
Weights
and
Measures
for
selling
and
buying
of
things
,
punisht
Thieves
and
all
mischievous
sorts
of
men
with
the
greatest
severity
;
made
a
great
many
High-wayes
;
and
gave
order
,
how
broad
they
should
be
,
and
ordained
by
Law
,
that
the
right
of
those
Wayes
belonged
only
to
the
Prince
;
and
set
dreadful
Penalties
upon
their
heads
,
who
should
violate
that
right
,
alike
as
upon
theirs
who
should
commit
any
misdemeanour
in
those
wayes
.
Moreover
,
that
the
Land
might
not
lye
barren
,
nor
the
people
be
frequently
oppressed
or
lessened
through
Dearth
or
want
of
Corn
,
if
Cattle
alone
should
possess
the
Fields
,
which
ought
to
be
tilled
by
men
,
he
appointed
how
many
Ploughs
every
County
should
have
,
and
set
a
penalty
upon
them
by
whose
means
that
number
should
he
diminished
:
And
he
made
a
Law
,
That
Labouring
Beasts
which
attended
the
Plough
,
should
not
be
distrained
by
Officers
,
nor
assigned
over
to
Creditors
for
money
that
was
owing
,
if
the
Debtor
had
any
other
Goods
left
.
Thus
much
Polydore
.
CHAP.
V.
A
brief
Account
of
Q.
Regent
Martia
,
and
of
Merchenlage
,
whether
so
called
from
her
,
or
from
the
Mercians
.
Annius
again
censured
for
a
Forger
,
and
his
Berosus
,
for
a
Fabulous
Writer
.
THe
Female
Government
of
Martia
,
Widow
to
King
Quintiline
,
who
had
undertaken
the
Tuition
of
Sisillius
Son
to
them
both
,
he
being
not
as
yet
fit
for
the
Government
,
by
reason
of
his
Nonage
;
found
out
a
Law
,
which
the
Britons
called
the
Martian
Law.
This
also
among
the
rest
(
I
tell
you
but
what
Jeoffry
of
Monmouth
tells
me
)
King
Alfred
translated
,
which
in
the
Saxon
Tongue
he
called
Merchenlage
.
Whereas
nevertheless
in
that
most
elaborate
Work
of
Camden
,
wherein
he
gives
account
of
our
Countrey
,
Merchenlage
is
more
appositely
and
fitly
derived
from
the
Mercians
,
and
they
so
called
from
the
Saxon
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
that
is
,
a
Limit
,
Bound
or
Border
.
These
are
the
Stories
,
which
Writers
have
delivered
to
us
concerning
those
times
,
which
were
more
ancient
than
the
History
of
the
Romans
;
but
such
as
are
of
suspected
,
of
doubtful
,
that
I
may
not
say
of
no
credit
at
all
.
Among
the
more
Learned
,
there
is
hardly
any
Critick
,
who
does
not
set
down
Annius
in
the
list
of
Forgers
.
And
should
one
go
to
draw
up
the
account
of
Times
,
and
to
observe
that
difference
which
is
so
apparent
in
that
Berosus
of
Viterbium
from
Sacred
Scriptures
,
and
the
Monuments
of
the
Hebrews
,
one
would
perhaps
think
,
that
he
were
no
more
to
be
believed
,
than
another
of
the
same
name
,
who
from
a
perpendicular
position
of
the
wandring
Stars
to
the
Center
of
the
World
in
the
Sign
of
Cancer
,
adventured
to
foretel
,
that
all
things
should
be
burnt
;
and
from
a
like
Congress
of
them
in
Capricorn
,
to
say
,
there
would
be
an
universal
Deluge
.
The
story
is
in
Seneca
.
CHAP.
VI.
The
story
of
Brutus
canvast
and
taken
to
be
a
Poetick
Fiction
of
the
Bards
.
Jeoffry
of
Monmouth's
credit
called
in
question
.
Antiquaries
at
a
loss
in
their
judgements
of
these
frivolous
stories
.
SOme
have
in
like
manner
made
enquiry
concerning
our
British
History
,
and
stumbled
at
it
.
From
hence
we
had
Brutus
,
Dunvallo
and
Queen
Martia
:
There
are
some
both
very
Learned
and
very
Judicious
persons
,
who
suspect
,
that
that
story
is
patched
up
out
of
Bards
Songs
and
Poetick
Fictions
taken
upon
trust
,
like
Talmudical
Traditions
,
on
purpose
to
raise
the
British
name
out
of
the
Trojan
ashes
.
For
though
Antiquity
,
as
one
has
it
,
is
credited
for
a
great
witness
;
yet
however
't
is
a
wonder
,
that
this
Brutus
,
who
is
reported
to
have
killed
his
Father
with
an
Arrow
unluckily
aimed
,
and
to
have
been
fatal
to
his
Mother
at
her
very
delivery
of
him
(
for
which
reason
Richard
Vitus
now
after
so
many
Ages
makes
his
true
name
to
be
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
that
is
,
Mortal
)
should
be
mentioned
by
none
of
the
Romans
:
a
wonder
,
I
say
,
that
the
Latin
Writers
should
not
be
acquainted
with
the
name
of
a
Latin
Prince
,
who
gave
both
Name
and
Government
to
Britany
.
Did
Euemerus
Messenius
alone
ever
since
the
World
began
,
fail
to
the
Panchoans
and
the
Triphyllians
?
Indeed
it
is
an
ordinary
thing
for
Poets
,
to
ingraft
those
whom
they
celebrate
in
their
Poems
,
into
Noble
Stocks
and
Illustrious
Families
,
and
by
the
assistance
of
their
Muses
heightning
every
thing
above
the
truth
,
to
feign
and
devise
a
great
many
stories
.
And
what
else
were
the
Bards
,
as
Athenaeus
tells
us
out
of
Possidonius
;
but
Poets
reciting
mens
praises
in
song
?
How
many
things
are
there
in
that
Fabulous
Age
(
which
in
Joseph
Scaliger's
account
would
more
aptly
be
called
the
Heroick
Age
of
the
World
,
I
mean
)
down
from
that
much
talked
of
Deluge
of
Pyrrha
to
the
beginning
of
Iphitus
his
Olympiads
;
how
many
idle
stories
are
there
mixt
with
true
ones
,
and
afterwards
drest
up
and
brought
upon
the
stage
?
Very
many
Nations
,
sayes
Trithemius
,
as
well
in
Europe
as
in
Asia
,
pretend
they
took
their
original
from
the
Trojans
;
to
whom
I
have
thought
good
to
lend
so
much
faith
,
as
they
shall
be
able
to
perswade
me
of
truth
by
sufficient
testimony
.
They
are
frivolous
things
,
which
they
bring
concerning
their
own
Nobility
and
Antiquity
,
having
a
mind
as
it
were
openly
to
boast
,
as
if
there
had
been
no
people
in
Europe
before
the
destruction
of
Troy
;
and
as
if
there
had
been
no
one
among
the
Trojans
themselves
of
ignoble
birth
.
He
who
made
the
Alphabetical
Index
to
Jeoffry
of
Monmouth
(
who
was
Bishop
of
St.
Asaph
too
)
as
he
is
printed
and
put
forth
by
Ascensius
,
propt
up
the
Authors
credit
upon
this
account
,
that
,
as
he
sayes
,
he
makes
no
mention
any
where
in
his
Book
,
of
the
Franks
;
by
reason
forsooth
,
that
all
those
things
almost
,
which
he
has
written
of
,
were
done
and
past
before
the
Franks
arrival
in
France
.
This
was
a
slip
surely
more
than
of
memory
.
Go
to
Jeoffry
himself
,
and
in
his
Nineteenth
Chapter
of
his
first
Book
you
meet
with
the
Franks
in
the
time
of
Brennus
and
Belinus
among
the
Senones
,
a
people
of
France
:
a
gross
misreckoning
of
I
know
not
how
many
hundred
years
.
For
the
Franks
are
not
known
to
have
taken
up
their
quarters
on
this
side
the
River
Rhine
,
till
some
Centuries
of
years
after
Christs
Incarnation
.
For
howbeit
by
Poetick
license
and
Rhetorical
figure
Aeneas
be
said
to
have
come
to
the
Lavinian
Shores
,
(
which
had
not
that
name
till
some
time
after
)
yet
it
were
much
better
,
that
,
both
in
Verse
and
Prose
,
those
things
which
appertain
to
History
,
should
be
expressed
according
to
that
form
of
Ovid
;
where
at
the
burning
of
Rhemus
his
Funeral
Pile
he
sayes
,
Tunc
Juvenes
nondum
facti
flevere
Quirites
;
that
is
,
The
young
men
then
not
yet
Quirites
made
,
Wept
as
the
body
on
the
Pile
they
laid
.
And
at
this
rate
Jeoffry
might
and
ought
to
have
made
his
Translation
,
if
he
would
have
been
a
faithful
Interpreter
.
But
as
to
our
Brutus
whence
the
Britans
,
Saxo
whence
the
Saxons
,
Bruno
whence
those
of
Brunswick
,
Freso
whence
those
of
Friseland
,
and
Bato
whence
the
Batavians
had
their
rise
and
name
,
take
notice
what
Pontus
Heuterus
observes
,
as
others
have
done
before
him
.
Songs
or
Ballads
,
sayes
he
,
and
Rhymes
made
in
an
unlearned
Age
,
with
ease
obtruded
falshoods
for
truths
upon
simple
people
,
or
mingling
falsehoods
with
truths
imposed
upon
them
.
for
three
or
four
hundred
years
ago
there
was
nothing
that
our
Ancestors
heard
with
greater
glee
,
than
that
they
were
descended
from
the
adulterous
Trojans
,
from
Alexander
of
Macedonia
the
Overthrower
of
Kingdoms
,
from
that
Manqueller
Hercules
of
Greece
,
or
from
some
other
disturber
of
the
World.
And
indeed
that
is
too
true
which
he
sayes
,
—
Mensuraque
fictis
Crescit
,
&
auditis
aliquid
novus
adjicit
auctor
.
which
in
plain
English
speaks
this
sence
.
Thus
Stories
nothing
in
the
telling
lose
,
The
next
Relater
adding
still
to
th'
News
.
But
I
will
not
inlarge
.
To
clear
these
points
aright
,
Antiquaries
,
who
are
at
see-saw
about
them
,
will
perhaps
eternally
be
at
loss
,
like
the
Hebrews
in
their
mysterious
debates
,
for
want
of
some
Elias
to
come
and
resolve
their
doubts
.
CHAP.
VII
.
What
the
Trojan
Laws
were
,
which
Brutus
brought
in
.
That
concerning
the
Eldest
Sons
Inheriting
the
whole
Estate
,
confuted
.
In
the
first
times
there
were
no
Positive
Laws
;
yet
mention
made
of
them
in
some
very
ancient
Authors
,
notwithstanding
a
remark
of
some
ancient
Writers
to
the
contrary
.
WEll
!
Suppose
we
grant
there
was
such
a
Person
ever
in
the
World
as
Brutus
:
He
made
Laws
,
they
say
,
and
those
taken
out
of
the
Trojan
Laws
;
but
what
I
pray
were
those
Trojan
Laws
themselves
?
There
is
one
,
I
know
well
enough
,
they
speak
of
,
concerning
the
Prerogative
of
the
eldest
Sons
,
by
which
they
inherited
the
whole
Right
and
Estate
of
their
deceased
Father
.
Herodotus
writes
it
of
Hector
,
Son
and
Heir
to
King
Priam
,
and
Jeoffry
mentions
it
;
but
did
this
Law
cross
the
Sea
with
Brutus
into
Brittany
?
How
then
came
it
,
that
the
Kingdom
was
divided
betwixt
the
three
Brothers
,
Locrinus
,
Camber
,
and
Albanactus
?
betwixt
the
two
,
Ferrix
and
Porrix
?
betwixt
Brennus
and
Belinus
?
and
the
like
of
some
others
.
How
came
it
,
that
in
a
Parliament
of
Henry
the
Eighth
,
provision
was
made
,
that
the
Free-holds
of
Wales
should
not
thence-forward
pass
according
to
that
custom
,
which
they
call
Gavelkind
?
And
anciently
,
if
I
be
not
mistaken
,
most
Inheritances
were
parted
among
the
Children
,
as
we
find
in
Hesiods
works
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
—
i.
e.
We
had
already
parted
the
Estate
.
And
to
the
same
purpose
many
like
passages
there
are
in
old
Poets
,
and
in
Holy
Writ
.
But
,
as
I
said
,
what
are
those
Trojan
Laws
?
Perhaps
the
same
with
those
,
by
which
Nephelococcygia
,
the
City
of
the
Birds
in
Aristophanes
,
(
or
,
as
we
use
to
say
,
Vtopia
)
is
Governed
.
The
gravest
Writers
do
acknowledge
,
that
those
most
ancient
times
were
for
the
most
part
free
from
positive
Laws
.
The
people
,
so
says
Justin
,
wee
held
by
no
Laws
:
The
Pleasures
and
Resolves
of
their
Princes
past
for
Laws
,
or
were
instead
of
Laws
.
Natural
Equity
,
like
the
Lesbian
Rule
in
Aristotle
,
being
adapted
,
applied
,
and
fitted
to
the
variety
of
emergent
quarrels
,
as
strifes
,
ordered
,
over-ruled
,
and
decided
all
Controversies
.
And
indeed
at
the
beginning
of
the
Roman
State
,
as
Pomponius
writes
,
the
people
resolved
to
live
without
any
certain
Law
or
Right
,
and
all
things
were
governed
by
the
hand
and
power
of
the
King
:
For
they
were
but
at
a
little
distance
from
the
Golden
Age
,
when
—
vindice
nullo
Sponte
suâ
sine
lege
fidem
rectumque
colebant
.
That
is
to
say
,
when
—
People
did
not
grudge
To
be
plain
honest
without
Law
or
Judge
.
That
which
the
Heresie
of
the
Chiliasts
heretofore
affirmed
,
concerning
the
Sabbatick
or
seventh
Millenary
,
or
thousand
years
of
the
World.
And
those
Shepherds
or
Governors
of
the
people
,
to
whom
—
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
—
that
is
,
—
Into
whose
hand
Jove
trusts
his
Laws
and
Scepter
for
Command
.
did
Govern
them
by
the
guidance
of
vertue
,
and
of
those
Laws
which
the
Platonicks
call
the
Laws
of
second
Venus
.
Not
out
of
the
ambition
of
Rule
,
as
St.
Austin
hath
it
,
but
out
of
duty
of
Counsel
;
nor
out
of
a
domineering
pride
,
but
out
of
a
provident
tenderness
.
Do
you
think
the
Trojans
had
any
other
Laws
?
Only
except
the
worship
of
their
Gods
and
those
things
which
belong
to
Religion
.
It
was
duty
,
says
Seneca
,
not
dignity
,
to
Reign
and
Govern
:
And
an
Eye
and
a
Scepter
among
the
Aegyptians
,
were
the
absolute
Hieroglyphicks
of
Kings
.
What
?
that
there
is
not
so
much
as
the
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
that
is
Law
,
to
be
met
with
in
those
old
Poets
,
Orpheus
,
Musaeus
,
or
Homer
,
(
who
was
about
an
hundred
and
fifty
years
after
the
destruction
of
Troy
)
as
Josephus
against
Appio
,
Plutarch
,
and
several
modern
Writers
have
remarked
:
I
confess
,
if
one
well
consider
it
,
this
remark
of
theirs
is
not
very
accurate
.
For
we
very
often
read
in
Homer
and
Hesiod
,
the
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
which
signifies
Laws
;
and
in
both
of
them
the
Goddess
Eunomia
from
the
same
Theme
as
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
—
which
being
interpreted
,
is
But
they
by
legal
methods
bear
the
sway
I'
th'
City
fam'd
for
Beauties
.
—
which
is
a
passage
in
Homers
hymn
to
Mother
Tellus
,
and
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
i.
e.
the
Law
of
Song
,
(
which
Musicians
might
not
transgress
)
is
mentioned
in
his
hymn
to
Apollo
.
Nay
great
Plato
,
one
beyond
all
exception
,
has
left
it
in
writing
,
that
Talus
(
who
had
the
management
of
the
Cretan
Common-wealth
committed
to
him
,
together
with
Rhadamauthus
,
the
Son
of
Jupiter
,
by
King
Minos
)
that
he
did
thrice
every
year
go
the
circuit
through
the
whole
Island
(
which
was
the
first
Country
,
as
Polyhistor
tells
us
,
that
joyned
the
practice
of
laws
with
the
study
of
Letters
)
and
kept
Assizes
,
giving
Judgment
according
to
Laws
engraven
in
brass
.
I
say
nothing
of
Phoroneus
King
of
the
Argives
,
or
of
Nomio
the
Arcadian
;
and
in
good
time
leave
this
Subject
.
I
could
wish
I
might
peruse
Jupiters
Register
,
wherein
he
has
recorded
humane
affairs
.
I
could
wish
,
that
the
censure
of
some
breathing
Library
and
living
study
(
which
might
have
power
over
the
Ancients
,
as
we
read
in
Eunapius
that
Longinus
had
)
or
that
the
memory
of
some
Aethalides
might
help
us
sufficiently
to
clear
and
make
out
the
truth
.
Hence
our
next
passage
is
to
the
Classick
Writers
of
the
Latin
style
and
story
.
CHAP.
VIII
.
An
Account
of
the
DRUIDS
out
of
Caesar's
Commentaries
,
whence
they
were
so
called
.
Their
determining
in
point
of
Law
,
and
passing
Sentence
in
ease
of
Crinie
.
Their
Award
binds
all
parties
.
Their
way
of
Excommunicating
or
Outlawing
.
They
have
a
Chief
over
them
.
How
he
is
chosen
.
Their
Priviledge
and
Immunity
.
CAjus
Julius
Caesar
was
the
first
of
the
Romans
,
who
has
committed
to
writing
the
Religious
Rites
,
the
Laws
and
the
Philosophy
of
the
DRVIDS
.
Their
name
is
of
a
doubtful
origination
,
by
no
means
were
they
so
called
from
that
Druis
or
Druides
we
meet
with
in
Berosus
:
But
whether
they
were
so
termed
from
a
Greek
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
that
signifies
an
Oak
,
in
that
they
performed
none
of
their
devotions
without
oaken
leaves
,
as
Pliny
and
those
that
follow
him
are
of
opinion
;
or
from
the
Dutch
True-wise
,
as
Goropius
Becanus
will
have
it
;
or
from
Trutin
,
a
word
which
with
the
ancient
Germans
signified
God
,
as
Paulus
Merula
quotes
it
out
of
the
Gospel
of
Othfred
(
though
in
the
Angels
salutation
,
in
the
Magnificat
,
in
Zachariahs
Song
and
elsewhere
,
Trutin
rather
denotes
Lord
than
God
;
and
see
whether
there
does
not
lye
somewhat
of
the
Druid
in
the
name
of
St.
Truien
,
among
the
people
of
Liege
,
some
having
exploded
St.
Drudo
)
whencesoever
they
had
their
name
,
these
Gownmen
among
the
Gauls
,
I
and
the
Britans
too
,
were
the
Interpreters
and
Guardians
of
the
Laws
.
The
discipline
of
these
Druids
was
first
found
in
Britany
,
and
so
far
as
it
regards
the
Civil
Court
,
we
shall
faithfully
subjoyn
it
out
of
the
forenamed
Caesar.
1.
They
order
matters
concerning
all
controversie
,
public
and
private
.
So
in
the
Laws
of
the
twelve
Tables
at
the
same
rate
the
knowledg
of
cases
,
of
precedents
,
of
interpreting
was
in
the
Colledge
of
Pontiffs
or
High
Priests
,
and
such
plainly
our
Druids
were
.
If
any
ill
prank
had
been
played
,
if
murder
committed
,
if
there
were
a
controversie
about
Inheritance
,
about
bounds
of
Land
,
these
were
the
men
that
determined
it
,
these
amerced
rewards
and
punishments
.
2.
If
any
private
person
or
body
of
men
do
not
stand
to
their
award
,
they
excommunicate
him
,
that
is
,
forbid
him
to
come
to
sacrifice
,
which
among
them
is
the
most
grievous
punishment
.
3.
Those
who
are
thus
excommunicated
,
are
accounted
wicked
and
ungodly
wretches
,
every
body
goes
out
of
their
way
,
and
shuns
their
company
and
conversation
for
fear
of
getting
any
harm
by
contagion
.
Neither
have
they
the
benefit
of
the
Law
when
they
desire
it
,
nor
is
any
respect
shown
to
them
.
4.
The
Druids
have
one
over
them
,
who
has
the
chiefest
authority
amongst
them
.
5.
When
he
dies
,
if
there
be
any
one
that
is
eminent
above
the
rest
he
succeeds
in
place
:
But
if
there
be
several
of
equal
merit
,
one
is
chosen
by
majority
of
Votes
.
6.
The
Druids
were
wont
to
be
excused
from
personal
attendance
in
War
,
nor
did
they
pay
taxes
with
the
rest
;
they
were
freed
from
Military
employ
,
and
had
an
immunity
of
all
things
.
The
Levites
among
the
Hebrews
,
who
were
the
most
ancient
Priests
in
the
world
,
injoyed
the
same
priviledge
.
CHAP.
IX
.
The
menage
of
their
Schools
without
Writing
.
On
other
occasions
they
might
use
the
Greek
Letters
,
as
Caesar
saith
,
yet
not
have
the
language
.
The
Greek
Letters
then
were
others
than
what
they
are
now
.
These
borrowed
from
the
Gauls
,
as
those
from
the
Phoenicians
.
Ceregy-Drudion
,
or
the
Druids
Stones
in
Wales
.
This
Place
of
Caesar's
suspected
.
Lipsius
his
Judgment
of
the
whole
Book
.
7.
UPon
the
account
of
that
priviledge
,
they
had
in
their
Schools
(
which
were
most
of
them
in
Britany
)
a
great
confluence
of
youth
.
They
are
said
to
learn
without
Book
,
says
Caesar
,
a
great
number
of
Verses
:
Therefore
some
of
them
spend
twenty
years
in
the
discipline
.
Nor
do
they
judge
it
meet
to
commit
such
things
to
writing
,
whereas
generally
in
all
other
,
whether
publick
affairs
or
private
accompts
,
they
make
use
of
Greek
letters
.
What
?
Greek
letters
so
we
read
Greek
ones
.
Why
!
Marseilles
,
a
City
of
France
,
which
was
a
Greek
Colony
of
the
Phocians
,
had
made
the
Gauls
such
lovers
of
Greeks
,
that
,
as
Strabo
the
Geographer
tells
us
,
they
writ
their
very
Contracts
and
Covenants
,
Bargains
and
Agreements
,
in
Greek
.
The
fore-mentioned
Julius
Caesar
also
writes
,
that
there
were
Tablets
found
in
the
Camp
of
the
Switzers
,
made
up
of
Greek
letters
.
But
,
for
all
that
,
I
would
not
have
any
one
from
hence
rashly
to
gather
,
that
the
Greek
Language
was
in
use
to
that
Age
and
People
,
or
to
these
Philosophers
and
Lawyers
.
They
made
use
of
Greek
letters
,
therefore
they
had
the
Greek
Tongue
too
;
this
truly
were
a
pitiful
consequence
.
At
this
rate
the
●argum
or
Chaldee
Paraphrase
,
as
Paulus
Merula
has
it
,
and
Gorepius
before
him
,
would
consist
of
the
Hebrew
Language
,
because
't
is
Printed
in
Hebrew
Characters
:
And
the
like
may
be
said
of
the
New
Testament
in
Syriack
,
done
in
Hebrew
letters
.
What
?
that
those
very
Letters
of
the
Greeks
in
Caesars
time
,
and
as
we
now
write
them
,
are
rather
Gallick
(
as
borrowed
from
the
Gauls
)
than
Greek
?
He
was
acquainted
with
those
Greek
letters
,
but
did
not
yet
know
the
Gallick
ones
,
which
learned
men
do
think
the
Greeks
took
for
their
Copy
,
after
the
Phoenician
letters
,
which
were
not
altogether
unlike
the
Hebrew
,
were
grown
out
of
use
.
Consult
for
this
Wol●gangus
Lazius
his
Celtae
,
Becanus
his
Gallica
,
and
if
thou
hast
a
mind
,
Annius
his
Archilochus
,
Xenophons
Aequivoca
,
and
what
others
write
concerning
Linus
,
Cadmus
,
Palam●des
,
and
Simonides
,
the
first
Inventors
of
the
Alphabet
.
In
the
mean
time
take
this
from
me
,
that
those
ancient
and
rude
Gothick
Characters
,
which
Bonaventure
Vulcanius
of
Bruges
,
lately
put
forth
,
with
a
little
comentary
of
one
without
a
name
,
do
very
much
resemble
the
Greek
ones
(
as
also
the
Russian
Characters
do
at
this
day
)
and
that
those
which
are
now
Latin
letters
,
were
at
first
brought
over
into
Italy
out
of
Arcadia
,
along
with
Nicostrata
the
Mother
of
Evander
,
who
was
banished
his
Country
.
But
that
which
seems
to
put
the
matter
out
of
all
dispute
,
Caesar
being
about
to
write
to
Quintus
Cicero
,
who
was
then
besieged
somewhere
in
Flanders
,
among
the
Nervians
,
by
great
rewards
perswades
a
Chevalier
,
that
was
a
Gaul
,
to
carry
the
Letter
for
him
:
He
sends
it
written
in
Greek
,
lest
peradventure
it
being
intercepted
,
the
Enemy
should
come
to
know
their
design
.
To
what
purpose
should
he
have
done
this
,
if
that
Chevalier
,
who
was
a
Gaul
,
or
if
the
Gauls
,
or
if
the
very
Druids
themselves
,
who
had
the
management
of
State
,
had
been
skilled
in
Greek
?
Among
the
Western
Hills
of
Denbeigh
,
a
County
in
North-Wales
,
there
is
a
place
,
as
I
read
in
our
famous
Chorographer
,
commonly
called
Ceregy-Drudion
,
that
is
,
the
Druids
Stones
,
and
some
small
pillars
are
seen
at
Yvoellas
,
inscribed
with
foreign
Characters
,
which
some
suspect
to
have
been
those
of
the
Druids
.
Who
if
they
have
reason
so
to
suspect
,
I
would
to
God
,
Time
,
with
his
rusty
teeth
,
had
spared
those
Pillars
,
that
so
some
light
might
shine
from
thence
to
clear
this
quarrel
If
so
be
our
interpretation
of
that
form
of
Caesars
speaking
,
which
we
brought
,
do
not
please
(
as
to
Strabo's
testimony
,
that
respects
somewhat
later
times
,
and
perhaps
mainly
concerns
those
who
lived
near
the
Sea-side
)
why
mayst
not
thou
,
with
that
great
Scholar
Francis
Hotoman
be
of
opinion
,
that
the
word
Graecis
crept
into
this
Story
,
either
by
the
carelesness
or
confidence
of
Transcribers
?
For
elsewhere
in
that
very
Author
,
where
it
is
said
,
dextris
humeris
exertis
,
Justus
Lipsius
,
the
Prince
of
Criticks
,
remarks
,
that
the
word
humeris
is
plainly
redundant
,
thrust
in
perchance
by
the
Vamper
of
that
Story
,
Julius
Celsus
.
And
what
so
great
a
man
,
of
so
great
a
judgment
as
he
was
,
did
censure
of
those
Commentaries
of
Caesar
,
in
his
Book
called
Electa
,
or
Choice
Piece
,
take
from
himself
thus
.
I
see
many
patches
stitched
into
that
Purple
;
nor
doth
the
expression
it self
there
every
where
breath
to
my
Nostrils
that
golden
(
as
I
may
so
say
)
Gum
,
or
liquid
myrrh
,
of
pure
antiquity
.
Read
it
,
read
it
over
again
,
you
will
find
many
things
idly
said
,
disjoynted
,
intricate
,
vampt
,
said
over
and
over
,
that
it
is
not
unreasonable
to
think
,
but
that
some
Novel
and
unskilful
hand
was
added
to
this
,
as
it
were
,
statue
of
ancient
work
.
Therefore
we
may
be
easily
cheated
,
if
we
stand
upon
such
little
scruples
of
words
,
as
we
shall
meet
with
in
one
Julius
or
other
,
Caesar
or
Celsus
.
CHAP.
X.
The
Druids
reckoning
of
time
.
An
Age
consists
of
thirty
Years
.
What
Authors
treat
of
the
Druids
.
Their
Doctrines
and
Customs
savour
of
Pythagoras
and
the
Cabalists
.
They
were
the
eldest
Philosophers
and
Lawyers
among
the
Gentiles
.
Some
odd
Images
of
theirs
in
Stone
,
in
an
Abby
near
Voitland
,
described
.
8.
THe
Druids
begun
their
Months
and
Years
from
the
sixth
Moon
(
so
says
Pliny
)
and
that
which
they
called
an
Age
after
the
thirtieth
year
.
In
the
Attick
account
an
Age
or
Generation
,
and
that
of
a
man
in
his
prime
and
strength
,
was
comprized
within
the
same
terms
,
according
to
the
opinion
of
Heraclitus
,
and
as
it
is
in
Herodotus
;
not
had
Nestor's
triple
Age
a
larger
compass
,
if
one
may
believe
Eustathius
,
Tiberius
drove
these
Druids
out
of
the
two
Gallia's
,
Claudius
banisht
them
out
of
Rome
,
and
the
worship
of
the
true
God
Christ
,
sped
them
out
of
Britany
.
What
further
appertains
to
the
sacred
Rites
and
Doctrine
of
the
Druids
,
(
not
to
speak
further
of
Caesar
)
Strabo
,
Pliny
,
Diodorus
Siculus
,
(
by
the
way
his
Latin
Version
we
do
not
owe
to
Poggius
of
Florence
,
as
the
Books
published
would
make
us
believe
,
but
to
John
Frea
formerly
Fellow
of
Baliol
Colledge
in
Oxford
,
if
we
may
believe
an
Original
Copy
in
the
Library
of
the
said
Colledge
.
)
Beside
these
,
Lucan
,
Pomponius
Mela
,
Ammianus
Marcellinus
,
and
very
lately
Otho
Heurnius
,
in
his
Antiquities
of
Barbarous
Philosophy
,
and
others
have
,
with
sufficient
plainness
,
delivered
,
yet
so
,
that
every
thing
they
say
savours
of
Pythagoras
(
and
yet
I
am
ne're
a
whit
the
more
perswaded
that
Pythagoras
ever
taught
in
Merton-hall
at
Oxford
,
or
Anaxagor
as
at
Cambridge
,
as
Cantilep
and
Lidgate
have
it
)
I
and
of
the
Cabalists
too
(
for
John
Reuchlin
hath
compared
the
discipline
of
Pythagoras
,
and
that
of
the
Cabalists
,
as
not
much
unlike
.
)
Whether
the
Druids
,
says
Lipsius
,
had
their
Metempsychosis
or
transmigration
of
Souls
,
from
Pythagoras
,
or
he
from
them
,
I
cannot
tell
.
The
very
same
thing
is
alike
to
be
said
,
concerning
their
Laws
,
and
the
Common-wealths
which
they
both
of
them
managed
:
They
have
both
the
same
features
as
like
as
may
be
,
as
it
was
with
Cneius
Pompey
,
and
Caius
Vibius
.
For
the
Samian
Philosopher
did
not
only
teach
those
secrets
of
Philosophy
which
are
reserved
,
and
kept
up
close
in
the
inner
shrine
;
but
also
returning
from
Egypt
he
went
to
Croton
,
a
City
of
Italy
,
and
there
gave
Laws
to
the
Italians
,
(
my
Author
is
Laertius
)
and
with
near
upon
three
hundred
Scholars
,
governed
at
the
rate
,
as
it
were
of
an
Aristocracy
.
The
Laws
of
Zale●cus
and
Charondas
are
commended
and
had
in
request
.
These
men
,
says
Seneca
,
did
not
in
a
Hall
of
Justice
,
nor
in
an
Inns
of
Court
,
but
in
that
secret
and
holy
retirement
of
Pythagoras
,
learn
those
Institutes
of
Law
,
which
they
might
propose
to
Sicily
and
to
Greece
,
all
over
Italy
,
both
at
that
time
flourishing
.
That
holy
and
silent
recess
was
perchance
borrowed
of
the
Druids
:
Forasmuch
as
what
Clement
of
Alexandria
witnesses
,
heretofore
the
more
secret
and
mysterious
Arts
were
derived
from
the
Barbarians
to
the
Greeks
.
However
the
business
be
,
it
appears
hence
plainly
,
that
the
Druids
were
of
the
oldest
standing
among
the
Philosophers
of
the
Gentiles
,
and
the
most
ancient
among
their
Guardians
of
Laws
.
For
grant
they
were
of
Pythagoras
his
School
,
yet
even
at
that
rate
they
are
brought
back
at
least
to
the
fiftieth
or
sixtieth
Olympiad
,
or
if
thou
wilt
,
to
the
Tyranny
of
the
Tarquins
,
which
is
about
two
and
twenty
hundred
years
ago
.
'T
is
true
,
Pliny
,
Cicero
,
Austin
,
Eusebius
disagree
in
this
point
;
nor
will
I
catch
that
mistake
by
the
handle
,
which
draws
him
,
meaning
Pythagoras
,
back
to
Numa's
time
.
To
what
hath
been
said
,
I
shall
not
grudge
to
subjoyn
a
Surplage
out
of
Conradus
Celtes
.
He
is
speaking
of
some
ancient
Images
of
stone
,
which
he
had
seen
in
a
certain
Abby
at
the
foot
of
a
Hill
that
bears
Pines
,
commonly
called
Vichtelberg
,
in
the
Neighbourhood
of
Voitland
,
which
he
conceives
did
by
way
of
Statue
represent
the
Druids
.
They
were
six
in
number
,
says
he
,
at
the
door
of
the
Temple
niched
into
the
Wall
,
of
seven
foot
apiece
in
height
,
bare-footed
,
having
their
Heads
uncovered
,
with
a
Greekish
Cloak
on
,
and
that
Hooded
,
and
a
Satchel
or
scrip
by
their
side
,
their
Beard
hanging
down
to
their
very
Privities
,
and
forked
or
parted
in
two
about
their
Nostrils
;
in
their
Hands
a
Book
and
a
Staff
like
that
of
Diogenes
,
with
a
severe
Forehead
and
a
melancholy
Brow
,
stooping
down
with
their
Head
,
and
fastening
their
Eyes
on
the
ground
.
Which
description
,
how
it
agrees
with
those
things
which
are
recounted
by
Caesar
and
Strabo
,
concerning
the
Golden
adornments
,
the
dyed
and
coloured
Vestures
,
the
Bracelets
,
the
shaved
Cheeks
and
Chin
of
the
Britans
,
and
other
things
of
the
like
kind
,
let
them
who
are
concerned
look
to
that
.
CHAP.
XI
.
The
Britans
and
Gauls
had
Laws
and
Customs
much
alike
,
and
whence
that
came
,
Some
things
common
to
them
both
,
set
down
;
in
relation
to
the
breeding
of
their
Children
,
the
Marrying
of
their
Wives
,
the
Governing
of
their
Families
,
burning
Women
that
killed
their
Husbands
,
and
burning
some
Servants
with
the
dead
Master
for
company
.
Together
with
some
Remarks
of
their
publick
Government
.
BUt
forasmuch
as
Britanny
gave
the
beginnings
and
improvements
to
the
discipline
of
these
Druids
,
and
both
Britans
and
Gauls
had
their
Government
,
Customs
,
Language
,
Rites
sacred
and
profane
,
every
thing
almost
the
same
,
or
much
alike
,
as
Mr.
William
Camden
hath
some
while
since
most
learnedly
made
out
,
O
Mr.
Camden
,
with
what
respect
shall
I
name
thee
!
In
freta
dum
fluvii
current
,
dum
montibus
umbrae
Lustrabunt
convext
,
ac
dum
Cynosura
Britannos
,
Semper
honos
,
noménque
tuum
,
laudesque
manebunt
.
Which
in
hearty
English
makes
this
acknowledgment
of
his
worth
,
As
long
as
Rivers
run
into
the
Main
.
Whilst
Shades
on
Mountains
shall
the
Welkin
hide
,
And
Britans
shall
behold
the
Northern
Wain
,
Thy
Honour
,
Name
,
and
Praise
shall
still
abide
.
And
it
is
evident
,
that
a
great
part
of
Britany
was
once
under
the
Government
of
Divitiacus
King
of
the
Soissons
,
a
People
of
France
.
Therefore
these
following
Remarks
I
thought
not
amiss
to
set
down
as
British
,
whether
they
were
imparted
to
this
Isle
by
the
ancient
Gauls
(
by
reason
of
its
nearness
)
or
whether
the
Gauls
owed
them
to
the
Britans
.
9.
They
do
not
suffer
their
Children
to
come
to
them
in
open
sight
,
(
they
are
Caesar's
words
)
but
when
they
are
grown
up
to
that
Age
,
that
they
may
be
able
to
undergo
Military
duty
and
to
serve
in
War.
10.
The
men
,
what
mony
they
receive
with
their
Wives
upon
account
of
portion
,
they
lay
down
so
much
out
of
their
own
Estate
upon
an
appraisement
made
to
make
a
joint
stock
with
the
portion
.
There
is
an
account
jointly
kept
of
all
this
mony
,
and
the
profits
of
it
are
reserved
;
the
longer
liver
is
to
have
both
shares
,
with
the
profits
of
the
former
times
.
11.
The
men
have
power
of
life
and
death
over
their
Wives
,
as
well
as
over
their
Children
.
Hereupon
Bodin
charges
Justinian
with
a
falshood
,
for
affirming
that
other
people
had
not
the
same
Fatherly
power
as
the
Romans
had
.
12.
When
a
Master
of
a
Family
,
who
is
of
higher
birth
and
quality
,
dies
,
his
Kindred
meet
together
,
that
if
the
manner
of
his
death
were
suspicious
,
they
may
by
torture
,
as
Servants
were
used
,
examine
the
Wife
concerning
the
business
,
and
if
she
be
found
guilty
,
they
torment
her
miserably
and
burn
her
alive
.
To
this
story
that
most
excellent
Lawyer
,
and
worthy
Lord
Chief
Justice
of
the
Common
Pleas
,
Sir
Ed●ward
Coke
,
refers
the
antiquity
of
the
Law
,
which
we
at
this
day
use
of
devoting
to
the
flames
those
wicked
Baggages
,
who
stain
their
hands
with
the
nefarious
murder
of
their
Husbands
.
13.
Those
Servants
and
Dependents
,
who
were
known
to
have
been
beloved
by
their
Master
in
his
life
time
,
were
,
when
the
Funeral
Rites
were
prepared
,
burnt
with
him
for
company
.
14.
It
was
ordered
,
that
if
any
one
by
flying
report
or
common
same
had
heard
any
thing
from
the
borders
,
that
might
concern
the
Common-wealth
,
he
was
to
make
it
known
to
some
Magistrate
,
and
not
impart
it
to
any
body
else
.
15.
The
Magistrates
conceal
those
things
they
think
fit
,
and
what
they
judge
may
be
of
use
to
the
Publick
,
they
discover
to
the
populace
.
16.
No
body
has
leave
to
speak
of
the
Common-wealth
,
or
of
publick
affairs
,
but
in
Council
or
Parliament
.
17.
They
came
armed
into
the
Council
or
to
Parliament
.
So
the
custom
of
the
Nation
was
,
saith
Livy
;
and
Tacitus
,
the
like
of
the
Germans
.
CHAP.
XII
.
Women
admitted
to
publick
debates
.
A
large
commendation
of
the
Sex
,
together
with
a
vindication
of
their
fitness
to
govern
;
against
the
Salick
Law
,
made
out
by
several
examples
of
most
Nations
.
18.
IT
was
grown
a
custom
amongst
them
(
we
meet
with
this
in
Plutarch
)
that
they
treated
of
Peace
and
War
with
their
women
in
company
,
and
if
any
questions
arose
betwixt
them
and
their
Allies
,
they
lest
it
to
them
to
determine
.
The
same
custom
the
Cecropians
,
(
that
is
,
the
people
of
Athens
)
once
had
,
as
Austin
relates
it
out
of
Varro
,
before
the
women
by
majority
of
Vote
carried
it
for
Minerva
against
Neptune
.
Away
with
you
,
Simonides
,
and
whosoever
you
are
,
scoundrels
,
that
unworthily
abuse
the
finer
and
brighter
Sex.
Good
Angerona
,
thou
Goddess
of
Silence
,
wash
,
nay
stop
Enbulus
his
foul
mouth
,
who
denies
there
were
ever
any
good
women
more
than
two
in
the
world
,
to
wit
,
chast
Penelope
,
and
Alcestis
,
who
died
in
her
Husbands
stead
.
How
large
an
honour
was
paid
to
the
counsels
,
the
prudence
,
the
virtue
of
the
Gaulish
Ladies
in
their
chiefest
affairs
,
and
not
without
their
desert
?
How
much
honour
even
at
this
day
,
is
yearly
paid
at
Orleance
,
on
the
eighth
of
May
,
to
the
Statue
of
Joan
Darcy
of
Lorain
,
that
stands
on
the
bank
of
the
River
Loir
;
who
obliged
her
dear
Country
with
a
Victory
wonderfully
got
,
when
all
had
been
lost
.
To
pass
by
other
arguments
,
Antiquity
holds
this
Sex
to
be
equally
divine
as
the
Male.
In
Heaven
,
Sea
,
Earth
,
together
with
Jupiter
,
Neptune
,
Pluto
,
who
were
the
Gods
that
shared
the
world
,
there
governed
Juno
,
Salacia
,
Proserpina
,
their
Goddesses
.
Marry
!
in
Varro's
three
fold
Divinity
,
there
are
more
she-Gods
than
he-Gods
.
Ipsa
quoque
&
cultu
est
,
&
nomine
foemina
Virtus
.
Virtue
her self
,
howe're
it
came
,
Is
Female
both
in
Dress
and
Name
.
But
I
do
not
go
to
act
over
Caius
Agrippa's
part
,
by
declaiming
upon
Female
excellency
.
The
thing
it self
speaks
more
than
I
can
,
and
the
subject
is
its
own
best
Orator
.
I
must
add
one
thing
which
Cornelius
Tacitus
tells
us
of
the
Britans
,
that
they
were
wont
to
war
under
the
conduct
of
women
,
and
to
make
no
difference
of
Sex
in
places
of
Command
and
Government
.
Which
places
yet
there
are
some
who
stiffiy
deny
,
that
Women
by
right
should
have
the
charge
of
;
as
being
,
what
Euripides
says
of
them
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
that
is
,
But
ill
for
the
stout
feats
of
War
,
Who
scarce
to
look
on
Iron
dare
.
But
those
Authors
especially
,
who
,
propped
up
with
the
Salick
Law
(
as
they
call
it
)
write
,
that
Males
only
are
by
right
of
inheritance
capable
of
the
Government
of
the
French
,
they
do
hold
and
maintain
this
argument
tooth
and
nail
,
with
all
the
unkindness
and
spite
as
may
be
to
the
English
Law
,
which
admits
of
Women
to
the
Throne
.
They
urge
,
that
not
only
the
Laws
of
Pharamond
,
but
Nature
her self
is
on
their
side
.
The
Government
of
women
(
't
is
Bodin
of
Anjou
sayes
it
)
is
contrary
to
the
Laws
of
Nature
,
which
hath
bestowed
upon
men
discretion
,
strength
of
body
,
courage
and
greatness
of
Spirit
,
with
the
power
of
Rule
,
and
hath
taken
these
things
from
women
.
But
,
sweet
Mr.
Bodin
,
are
not
discretion
,
strength
,
courage
and
the
arts
of
Government
,
more
to
be
desired
and
required
in
those
who
have
the
Tuition
of
Kings
in
their
Minority
,
than
in
the
Kings
themselves
till
they
are
come
to
age
?
Truly
I
am
of
that
mind
.
For
why
then
,
pray
tell
me
,
did
not
that
reason
of
yours
wring
the
Guardianship
of
St.
Louis
out
of
the
hands
of
the
Queen-Mother
Blanch
?
why
not
out
of
Isabella's
hands
under
Charles
the
Sixth
?
why
not
of
Catharine
de
Medicis
,
whilst
the
two
Brothers
Francis
and
Charles
her
Pupils
were
incircled
with
the
Crown
?
why
not
out
of
the
hands
of
Mary
,
Louis
the
Thirteenth
being
at
this
very
time
King
?
Were
the
Jews
,
that
I
may
go
back
to
stories
more
ancient
,
blind
,
that
they
could
not
see
the
defects
of
Womens
nature
,
in
the
Government
of
Debora
,
who
triumphed
over
Sisera
,
and
is
sufficiently
commended
in
Holy
Writ
?
Were
the
Italians
blind
under
the
Government
of
the
most
prudent
Amalasincta
?
the
Halicarnassians
,
under
that
of
the
most
gallant
Artemisia
?
the
Egyptians
,
among
whom
heretofore
their
Women
managed
Law-Courts
and
business
abroad
,
and
the
men
lookt
to
home
and
minded
huswifery
?
and
the
Aethiopians
under
their
Nicaula
,
whom
being
very
desirous
of
wisdom
,
King
Solomon
,
the
wisest
man
that
has
been
ever
since
the
world
was
,
honourably
entertain'd
?
were
the
Assyrians
,
under
the
Government
of
their
magnificent
Semiramis
?
the
Massagetes
,
under
that
of
the
revengeful
Dame
Thomyris
?
the
Palmyre●es
,
under
that
of
the
most
chaste
Zenobia
?
and
that
I
may
make
an
end
once
,
under
that
of
other
excellent
women
,
all
Nations
whatever
,
none
excepted
but
the
Franks
?
who
,
as
Goropius
will
have
it
,
came
to
throw
off
and
slight
female
Government
upon
this
account
,
that
in
Vespaesian's
time
they
had
seen
the
affairs
of
their
neighbours
the
Bructeri
in
East
Friseland
,
whilst
that
scornful
Hag
Velleda
ruled
the
roast
,
came
to
no
good
issue
.
I
do
very
well
know
,
that
our
perjured
Barons
,
when
they
resolved
to
exclude
Queen
Mawd
from
the
English
Throne
,
made
this
shameful
pretence
,
That
it
would
be
a
shame
,
for
so
many
Nobles
to
be
subject
to
a
woman
.
And
yet
you
shall
not
read
,
that
the
Iceni
(
our
Essexmen
,
&c.
)
got
any
shame
by
that
Boadicia
,
whom
Gildas
terms
a
Lioness
,
or
that
the
Brigantes
(
i.
e.
York-shire-men
,
&c.
)
got
any
by
Chartismandua
.
You
will
read
,
that
they
got
glory
and
renown
by
them
both
.
Reader
,
thou
canst
not
here
chuse
but
think
of
our
late
Soveraign
of
Ever
Blessed
Memory
,
the
Darling
of
Britan
,
Q.
ELIZABETH
,
nor
canst
thou
,
whosoever
thou
art
,
but
acknowledge
,
That
there
was
not
wanting
to
a
Woman
(
what
Malmesbury
writes
of
Sexburga
the
Queen
Dowager
of
Cenwalch
King
of
the
West
Saxons
)
a
great
Spirit
to
discharge
the
duties
of
the
Kingdom
;
she
levied
new
Armies
,
kept
the
old
ones
to
duty
;
she
governed
her
Subjects
with
Clemency
,
kept
her
Enemies
quiet
with
threats
;
and
in
a
word
,
did
every
thing
at
that
rate
,
that
there
was
no
other
difference
betwixt
her
and
any
King
in
management
,
but
her
Sex.
Of
whose
(
I
mean
Elizabeths
)
superlative
and
truly
Royal
Vertues
a
rare
Poet
,
and
otherwise
a
very
Learned
man
,
hath
sung
excellently
well
,
Si
quasdam
tacuisse
velim
,
quamcunque
tacebo
Major
erit
:
primos
actus
veteresque
labores
Pros●quar
?
ad
sese
revocant
praesentia
mentem
.
Justitiam
dicam
?
magis
at
Clementia
splendet
.
Victrices
referam
vires
?
plus
vicit
inermis
.
'T
is
pity
these
are
not
well
rendred
into
English.
However
take
them
as
they
are
in
blank
Verse
.
Should
I
in
silence
some
her
Uertues
pass
,
Which
e're
I
so
pass
o're
,
will
greater
be
:
Shall
I
her
first
deeds
and
old
facts
pursue
?
Present
affairs
to
them
call
back
my
mind
.
Shall
I
her
Justice
in
due
numbers
sing
?
But
then
her
Clemency
far
brighter
shines
.
Or
shall
I
her
victorious
Arms
relate
?
In
peace
unarm'd
she
hath
got
more
to
th'
State.
What
did
the
Germans
our
Ancestors
?
they
thought
there
was
in
that
Sex
something
of
Sanctity
and
foresight
,
nor
did
they
slight
their
counsels
,
nor
neglect
the
answers
they
gave
,
when
questions
were
put
to
them
about
matters
of
business
;
and
as
Superstition
increased
,
held
most
of
them
for
Goddesses
.
Let
him
then
,
whatever
dirty
fellow
it
was
,
be
condemned
to
the
Crows
(
and
be
hang'd
to
him
)
who
is
not
ashamed
out
of
ancient
Scrolls
,
to
publish
to
the
world
,
that
they
(
Women
)
agree
with
Soldiers
(
Bully-Rocks
and
Hectors
)
mainly
in
this
,
That
they
are
continually
very
much
taken
up
with
looking
after
their
body
,
and
are
given
to
lust
,
that
Souldiers
themselves
are
not
,
nor
endeavour
to
be
more
quick
and
sudden
in
their
Cheats
and
Over-reachings
,
that
Soldiers
deceive
people
at
some
distances
of
time
,
but
women
lye
alwayes
at
catch
,
chouse
and
pillage
their
Gallants
all
the
wayes
they
can
;
bring
them
into
Consumptions
with
unreasonable
sittings
up
;
And
other
such
like
mad
rude
expressions
he
useth
,
not
unfitting
for
a
Professor
in
Bedlam
Colledge
.
Plato
allowed
Women
to
govern
,
nor
did
Aristotle
,
(
whatever
the
Interpreters
of
his
Politicks
foolishly
say
)
take
from
them
that
priviledge
.
Vertue
shuts
no
door
against
any
body
,
any
Sex
,
but
freely
admits
all
.
And
Hermes
Trismegistus
that
Thrice
great
man
in
his
Poemander
according
to
his
knowledge
of
Heavenly
concerns
(
and
that
sure
was
great
in
comparison
of
what
the
Owl-ey'd
Philosophers
had
)
he
ascribes
the
mystical
name
of
Male-Female
to
the
great
Understanding
,
to
wit
,
God
,
the
Governour
of
the
Universe
.
They
(
the
good
women
I
have
been
speaking
of
)
from
their
Cradle
(
at
this
rate
men
commonly
talk
of
them
)
do
too
much
love
to
have
the
Reins
of
Government
,
and
to
be
uppermost
.
Well!
be
it
so
,
that
they
do
love
to
govern
?
and
who
is
it
doth
not
love
them
?
Now
a
sin
and
shame
be
it
for
Lovers
to
grudge
to
their
beloved
,
that
which
is
most
desired
and
wished
by
them
:
nor
could
I
forbear
out
of
conscience
with
my
suffrage
,
to
assist
as
far
as
I
could
,
that
Sex
,
which
is
so
great
and
comfortable
an
importance
to
mankind
,
so
sweet
a
refreshment
amidst
our
sharpest
toils
,
and
the
vicissitudes
of
life
;
and
in
a
word
,
is
the
dearest
gift
that
Dame
Nature
could
bestow
upon
Man.
But
let
us
now
return
to
Caesar's
Gauls
again
.
CHAP.
XIII
.
Their
putting
themselves
under
protection
by
going
into
great
mens
service
.
Their
Coins
of
money
,
and
their
weighing
of
it
.
Some
sorts
of
flesh
not
lawful
to
be
eaten
by
them
.
19.
VEry
many
of
them
,
when
they
are
opprest
with
Debt
or
with
great
Taxes
,
or
with
the
injurious
oppression
of
great
men
,
put
themselves
out
to
service
to
the
Nobles
.
Over
such
they
have
the
same
Right
or
Authority
,
as
Masters
have
over
their
Servants
or
Slaves
.
These
things
following
are
expresly
related
also
of
the
Britans
themselves
.
20.
They
use
Brass
Coin
or
Rings
(
some
read
it
,
Plates
)
of
Iron
proportion'd
to
a
certain
weight
,
instead
of
money
.
But
,
(
saith
Solinus
,
a
more
modern
Historian
)
they
dislike
and
disallow
of
Markets
or
Fairs
or
Money
;
they
give
and
take
Commodities
by
way
of
Barter
.
Camden
is
of
opinion
,
that
the
custom
of
Coining
Money
,
came
in
along
with
the
Romans
among
the
Cattieuchlani
,
that
is
,
the
people
of
Buckinghamshire
,
Bedfordshire
and
Hartfordshire
.
He
takes
notice
out
of
William
the
Conqueror's
Book
of
Rates
or
Dooms-Day
Book
(
which
is
seasonable
to
mention
upon
this
Head
of
Coins
)
that
as
amongst
the
old
Romans
,
so
amongst
our
Ancestors
,
money
was
weighed
(
as
Gervase
of
Tilbury
also
tells
us
)
and
so
told
out
and
paid
down
.
Now
they
paid
Customs
to
the
Romans
;
and
for
this
purpose
they
had
Coins
stamped
and
marked
with
various
shapes
of
living
Creatures
and
Vegetables
,
which
ever
and
anon
are
digged
up
out
of
the
ground
.
And
we
read
in
a
very
ancient
Chronicle
of
the
Monastery
of
Abendon
,
which
had
two
Kings
Cissa
and
Ina
for
its
founders
,
that
at
the
laying
the
first
foundations
,
there
were
found
very
old
Coins
engraven
with
the
Pictures
of
Devils
and
Satyrs
.
One
may
very
well
suppose
them
to
be
British
Coins
.
21.
They
do
not
think
it
lawful
to
taste
of
the
flesh
of
Hare
,
or
Hen
,
or
Goose
,
and
yet
they
keep
these
Creatures
for
pleasure
and
divertisement
sake
.
Why
they
forbore
only
Hare
,
and
Hen
,
and
Goose
,
I
am
not
able
to
give
the
reason
.
I
perceive
something
of
Pythagoras
,
and
something
of
the
Jewish
Discipline
mixt
.
For
that
Philosopher
of
Samos
abstained
from
the
eating
of
Flesh
,
not
in
general
from
all
,
but
with
a
certain
choice
from
that
of
some
particular
Creatures
.
CHAP.
XIV
.
Community
of
Wives
among
the
Britans
,
used
formerly
by
other
Nations
also
.
Chalcondylas
his
mistake
from
our
Civil
Custom
of
Saluting
.
A
rebuke
of
the
foolish
humour
of
Jealousie
.
22.
THey
have
ten
or
twelve
of
them
Wives
in
common
amongst
them
,
and
especially
Brothers
with
Brothers
,
and
Fathers
with
their
Sons
,
but
what
children
are
born
of
such
Mothers
,
they
are
fathered
upon
them
by
whom
they
were
first
lain
with
,
when
they
were
Maids
.
O
villany
and
strange
confusion
of
the
rights
of
Nature
!
Dii
meliora
piis
,
erroremque
hostibus
istum
!
which
in
Christian
English
speaks
thus
.
Good
God!
For
th'
pious
better
things
devise
,
Such
Ill
as
this
I
wish
not
t'
Enemies
.
However
let
not
this
Platonick
community
of
Wives
be
more
reproach
to
the
Britans
,
than
that
promiscuous
Copulation
which
was
used
by
the
Thuscans
,
and
before
Cecrops
his
time
(
who
for
appointing
Marriage
,
that
is
,
joyning
one
Man
and
one
Woman
together
,
was
termed
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
i.e.
as
one
may
say
Two-shaped
)
by
the
Athenians
,
(
as
Theopompus
,
Suidas
and
Athenaeus
report
it
)
was
to
them
.
Besides
,
Eusebius
in
his
Evangelical
Preparation
writes
,
that
our
people
for
the
most
part
were
contented
with
one
single
Marriage
.
Did
not
,
may
one
think
,
Chalcondylas
mistake
Caesar's
meaning
,
who
a
hundred
years
ago
and
upwards
setting
himself
to
write
History
at
Athens
,
and
peradventure
over-carelesly
drawing
ancient
Customs
down
to
the
last
Age
,
ventured
to
affirm
of
the
Britans
his
Contemporaries
,
That
when
any
one
upon
invitation
enters
the
house
of
a
friend
,
the
Custom
is
,
that
he
first
lye
with
his
friends
Wife
,
and
after
that
he
is
kindly
entertained
?
Or
did
that
officious
kiss
,
the
Earnest
of
welcome
,
which
is
so
freely
admitted
by
our
Women
from
strangers
and
guests
,
which
some
take
particular
notice
of
as
the
custom
of
our
Countrey
,
put
a
trick
upon
Chalcondylas
,
and
bring
him
into
that
mistake
?
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
sayes
Theocritus
of
old
,
that
is
,
In
empty
kisses
there
is
swéet
delight
.
And
,
Qui
vult
cubare
,
pangit
saltem
suavium
,
sayes
the
Servant
in
Plautus
,
He
that
would
a
woman
win
,
With
a
kiss
he
doth
begin
.
And
that
other
fellow
,
Quaero
deinde
illecebr●m
stupri
,
principio
eam
suavium
posco
.
And
Et
jam
illud
non
placet
principium
de
osculo
,
sayes
jealous
Amphitruo
to
his
wife
Alcumena
.
And
Agesilaus
mistrusting
his
wanton
Genius
,
refused
the
buss
or
salute
of
a
handsome
beautiful
youth
.
For
as
he
sayes
,
—
Parva
leves
capiunt
animos
,
that
is
,
Small
matters
kindle
the
desire
▪
And
a
loose
Spirit
's
soon
on
fire
.
This
our
Grecian
knew
well
enough
,
and
perchance
thought
of
that
unlucky
hint
,
—
Si
non
&
caetera
sumpsit
,
Haec
quoque
,
quae
sumpsit
,
perdere
dignus
erat
.
Moreover
,
that
great
Philosopher
of
Lawyers
Baldus
,
hath
set
it
down
for
a
rule
,
that
the
Fathers
consent
and
betrothal
is
ratified
and
made
good
by
the
Daughters
admitting
the
Wooer
to
kiss
her
.
Which
point
of
Law
it
would
be
very
ridiculous
to
imagine
should
concern
us
,
with
whom
both
Maids
and
married
Women
do
easily
afford
,
and
civilly
too
,
them
that
salute
them
a
kiss
,
not
such
as
Catullus
speaks
of
Billing
like
Doves
,
hard
Busses
or
wanton
Smacks
,
but
slight
modest
chaste
ones
,
and
such
as
Sisters
give
to
Brothers
.
These
civilities
,
when
omitted
,
are
alwayes
signs
of
Clownishness
;
when
afforded
,
seldom
are
accounted
signs
of
Whorishness
.
Nor
do
the
Husbands
in
this
case
(
unless
it
be
perhaps
some
Horn
mad-Cuckold
)
with
a
wrinkled
Forehead
shake
their
Bull-feathers
,
or
so
much
as
mistrust
any
thing
as
upon
jealousie
of
this
custom
.
It
may
be
Chalcondylas
being
a
little
pur-blind
,
saw
these
passages
as
it
were
through
a
grated
Lattice
,
and
made
ill
use
of
his
mistake
:
I
mean
,
whilst
he
compared
our
Britans
,
who
upon
a
Matrimonial
confidence
trust
their
Mates
honesty
,
with
the
jealous
Italians
,
Venetians
,
Spaniards
,
and
even
his
own
Countrey-men
.
Which
people
,
it
is
a
wonder
to
me
,
they
should
so
warily
,
with
so
much
diligence
and
mistrust
set
pinfolds
,
cunning
Spies
and
close
attendance
,
Locks
and
Keys
,
and
Bats
and
Bolts
upon
their
Madonna
's
Chastity
(
most
commonly
in
my
conscience
all
to
no
purpose
)
when
that
which
he
has
said
is
as
good
as
Oracle
,
though
a
wanton
one
.
Quod
licet
,
ingratum
est
:
quod
non
licet
,
acriùs
urit
.
Ferreus
est
,
siquis
,
quod
siuit
alter
,
amat
.
Siqua
,
metu
dempto
,
casta
est
,
ea
denique
casta
est
:
Quae
,
quia
non
liceat
,
non
facit
,
illa
facit
.
Qui
timet
,
ut
sua
sit
,
nequis
sibi
subtrahat
illam
;
Ille
Machaoniâ
vix
ope
sanus
erit
.
In
English
thus
,
What
's
frée
,
's
unpleasant
;
what
's
not
,
moves
desire
.
He
's
thick
skull'd
,
who
doth
things
allow'd
admire
.
Who
,
fear
aside
,
is
chaste
,
she
's
chaste
indéed
;
Who
,
cause
she
can't
,
forbears
,
commits
the
deed
.
Who
's
Wife
mistrusts
,
and
plays
the
jealous
Whelp
,
Is
mad
beyond
Physicians
art
and
help
.
Who
does
not
know
,
that
Natures
byass
runs
to
things
forbidden
?
and
he
who
attempts
unlawful
things
,
does
more
often
lose
those
which
are
lawful
.
Marry
!
that
free
usage
of
the
hot
Baths
of
Baden
in
Germany
,
Men
and
Women
together
,
is
much
safer
than
being
jealous
.
—
Quis
non
bonus
omnia
malit
Credere
,
quàm
tanto
sceleri
damnare
puellam
?
That
is
,
What
good
man
would
not
take
all
in
best
sense
,
Rather
by
living
undisturb'd
and
frée
;
Than
by
distrustful
foolish
Jealousie
His
Lady
force
to
quit
her
Innocence
?
But
we
have
taken
that
pains
upon
a
thing
by
the
By
,
as
if
it
were
our
proper
business
.
CHAP.
XV.
An
account
of
the
British
State
under
the
Romans
.
Claudius
wins
a
Battel
,
and
returns
to
Rome
in
Triumph
,
and
leaves
A.
Plautius
to
order
affairs
.
A
Colony
is
sent
to
Maldon
in
Essex
,
and
to
several
other
places
.
The
nature
of
these
Colonies
out
of
Lipsius
.
Julius
Agricola's
Government
here
in
Vespasian's
time
.
JVlius
Caesar
gave
a
sight
of
Britanny
to
posterity
,
rather
than
made
a
full
discovery
or
a
delivery
of
it
.
However
Malmsbury
sayes
,
that
he
compelled
them
to
swear
obedience
to
the
Latin
Laws
,
certainly
he
did
scarce
so
much
as
abridge
the
inhabitants
from
the
free
use
of
their
own
Laws
;
for
the
very
Tributes
that
were
imposed
upon
them
,
they
in
a
short
time
shook
off
,
by
revolting
from
the
Roman
yoke
.
The
same
liberty
they
used
and
enjoyed
to
all
intents
and
purposes
during
Augustus
,
Tiberius
and
Caligula's
Reigns
.
Aulus
Plautius
as
General
by
order
of
Claudius
Caesar
,
brought
an
Army
into
Britany
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
(
so
saith
Dio
)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
that
is
,
The
inhabitants
at
that
time
were
subject
to
divers
Kings
of
their
own
.
He
overcame
in
battel
Prince
Cradock
and
Togodunus
the
two
Sons
of
King
Cunobellinus
;
afterwards
Claudius
himself
came
over
into
the
Island
,
fought
a
set
battel
;
and
having
obtained
the
Victory
,
he
took
Maldon
in
Essex
,
the
Royal
City
of
Cunobellinus
,
disarmed
the
inhabitants
,
left
the
government
of
them
,
and
the
subduing
of
the
rest
of
the
people
to
Plautius
,
and
went
back
himself
to
Ro●e
,
where
he
was
honoured
with
a
most
splendid
and
stately
Triumph
.
For
this
was
he
,
of
whom
Seneca
the
Tragoedian
speaks
:
Cuique
Britanni
terga
dedêre
,
Ducibus
nostris
ante
ignoti
,
Jurisque
sui
.
—
which
may
be
thus
Englished
,
To
whom
bold
Britans
turn'd
their
back
,
T'
our
Captains
formerly
unknown
,
And
govern'd
by
Laws
of
their
own
.
The
Island
being
reduced
great
part
under
the
Romans
power
,
and
into
a
Lieutenancy
,
a
Colony
is
brought
down
to
Maldon
(
in
Essex
)
as
Tacitus
and
Dio
has
it
,
with
a
strong
party
of
Veterans
,
and
is
planted
up
and
down
in
the
Countrey
they
had
taken
,
as
a
supply
against
those
that
would
rebel
,
and
to
train
up
their
fellows
or
Allies
to
the
duties
of
the
Laws
.
And
old
Stone
speaks
thus
of
that
Colony
,
CN
.
MUNATIUS
M.
F.
PAL
.
AURELIUS
.
BASSUS
PROC
.
AUG
.
PRAEF
.
FABRO
.
PRAEF
.
COH
.
III.
SAGITARIORUM
.
PRAEF
.
COH
.
ITERUM
.
II.
ASTURUM
.
CENSITOR
.
CIVIUM
.
ROMANORUM
.
COLONIAE
.
VICTRICENSIS
.
QUAE
.
EST.
IN.
BRITANNIA
.
CAMALODUNI
.
Besides
,
there
was
a
Temple
built
and
dedicated
to
Claudius
Ara
(
or
as
Lipsius
reads
it
Arra
)
Aeternae
dominationis
;
that
is
,
the
Altar
or
Earnest
of
an
eternal
Government
.
But
you
will
say
,
all
this
makes
little
to
our
purpose
:
yes
,
very
much
;
as
that
which
brings
from
abroad
the
Roman
Orders
,
Laws
,
Fashions
,
and
every
thing
into
Britany
.
Near
St.
Albans
,
a
Town
in
Hartfordshire
,
there
was
sure
enough
the
seat
of
Cassibellinus
called
Verulams
,
and
the
Burghers
,
as
we
learn
from
Agellius
,
were
Citizens
of
Rome
infranchized
,
out
of
their
Corporations
,
using
their
own
Laws
and
Customs
,
only
partaking
the
same
honorary
priviledge
with
the
people
of
Rome
:
but
we
have
the
Colony
of
Maldon
in
Essex
,
which
upon
another
nearer
account
had
all
the
Rights
and
Orders
of
the
people
of
Rome
derived
to
it
from
the
freedom
of
that
City
,
and
was
not
at
its
own
disposal
,
or
to
use
its
own
Laws
.
And
the
like
was
practised
in
this
Island
in
more
than
one
place
.
The
Reverse
of
Sev●rus
the
Emperours
Coyn
shews
it
.
COL
.
EBORACUM
.
LEG
.
VI.
VICTRIX
.
and
the
Coyn
of
Septimius
Geta
on
either
side
.
COL
.
DIVANA
.
LEG
.
XX.
VICTRIX
.
This
old
Divana
(
which
is
the
very
same
with
Deunana
in
Ptolomy
)
if
you
make
it
English
,
is
Chester
the
chief
City
of
the
Cornavians
,
that
is
,
the
people
of
Cheshire
,
Staffordshire
,
Shropshire
,
&c.
Again
,
there
is
a
piece
of
and
old
Stone
in
the
Walls
of
Bath
in
Somersetshire
near
the
North
Gate
has
this
Inscription
upon
it
,
DEC
.
COLONIAE
.
GLEV.
VIXIT
.
ANN.
LXXXVI
.
Glevum
was
that
then
which
Glocester
is
now
.
It
may
be
Colchester
had
the
same
right
of
priviledge
,
unless
you
had
rather
derive
its
name
from
the
River
Coln
that
runs
aside
it
.
In
a
word
(
sayes
Seneca
to
Albina
)
How
many
Colonies
has
this
people
of
ours
sent
into
all
Provinces
?
Where
ever
the
Roman
conquers
,
he
dwells
.
See
what
abundance
there
was
of
them
in
British
Province
;
whose
form
of
Government
,
and
other
Laws
,
that
they
were
different
from
that
of
the
Britans
,
we
may
plainly
perceive
from
that
very
form
of
their
constitution
after
their
detachment
;
which
I
shall
present
you
with
out
of
that
famous
Antiquary
,
and
every
way
most
Learned
and
Celebrious
person
Justus
Lipsius
.
Their
manner
and
method
was
(
sayes
he
)
That
the
Lands
should
be
divided
to
man
by
man
,
and
that
by
three
grave
discreet
persons
,
whom
they
used
to
chuse
for
this
purpose
,
who
did
set
out
their
particular
Seats
and
Grounds
,
and
the
Town
it self
(
if
there
were
one
to
be
built
)
and
prescribed
them
Rules
and
Rights
,
and
the
form
as
it
were
of
a
new
Common-wealth
:
Yet
in
that
manner
,
that
all
things
might
bear
a
resemblance
of
Rome
and
the
Mother
City
;
and
that
in
the
very
places
themselves
the
Courts
of
Law
,
the
Capitols
,
the
Temples
,
the
State-houses
or
Town-halls
might
be
according
to
that
model
,
and
that
there
might
be
in
the
Government
or
Magistracy
two
persons
as
Bailiffs
in
most
places
,
like
the
two
Consuls
at
Rome
;
in
like
manner
Surveyors
and
Scavengers
,
Aldermen
of
the
Wards
and
Headboroughs
,
instead
of
a
Senate
or
Common
Council
as
we
may
call
it
.
This
is
Lipsius
his
account
;
so
that
Beatus
Gildas
is
not
much
out
of
the
way
,
when
he
sayes
,
it
was
reckoned
not
Britannia
,
but
Romania
.
And
an
ancient
Copy
of
Verses
,
which
Joseph
Scaliger
has
rescued
out
of
its
rust
and
mouldiness
,
has
it
:
Mars
pater
,
&
nostrae
gentis
tutela
Quirine
,
Et
magno
positus
Caesar
uterque
polo
;
Cernitis
ignotos
Latiâ
sub
Lege
Britannos
,
&c.
that
is
,
in
English
,
Sire
Mars
,
and
Guardian
of
our
State
Quirinus
hight
after
thy
fate
,
And
Caesars
both
plac'd
near
the
Pole
With
your
bright
Stars
ye
do
behold
,
And
th'
unknown
Britans
aw
,
T'
observe
the
Roman
Law.
The
stately
Seraglio
or
Building
for
the
Emperours
Women
at
Venta
Belgarum
(
a
City
at
this
day
called
Winchester
)
and
other
things
of
that
kind
I
let
pass
.
In
the
time
of
the
Emperours
V●spasian
,
Titus
and
Domitian
,
Julius
Agricola
,
Tacitus
his
Wives
Father
,
was
Lord
Deputy
Lieutenant
here
.
He
encouraged
the
Barbarous
people
to
Civil
fashions
,
insomuch
that
they
took
the
Roman
habit
for
an
honour
,
and
almost
every
body
wore
a
Gown
;
and
as
Juvenal
has
it
in
his
Satyr
,
Gallia
Causidicos
docuit
facunda
Britannos
.
The
British
Lawyers
learnt
of
yore
,
From
the
well-spoken
French
their
lore
:
T'
imply
,
hereafter
we
should
sée
Our
Laws
themselves
in
French
would
be
.
CHAP.
XVI
.
In
Commodus
his
time
King
Lucy
embraces
the
Christian
Religion
,
and
desires
Eleutherius
then
Pope
,
to
send
him
the
Roman
Laws
.
In
stead
of
Heathen
Priests
,
he
makes
three
Arch-Bishops
and
twenty
eight
Bishops
.
He
endows
the
Churches
,
and
makes
them
Sanctuaries
.
The
manner
of
Government
in
Constantine's
time
,
where
ends
the
Roman
account
.
IN
Commodus
the
Emperours
time
the
Light
of
the
Gospel
shone
afresh
upon
the
Britans
.
Lucius
the
first
King
of
the
Christians
(
for
the
Romans
,
as
in
other
places
,
so
in
Britany
,
made
use
of
even
Kings
for
their
instruments
of
slavery
)
by
the
procurement
of
Fugatius
and
Damianus
did
happily
receive
from
Pope
Eleutherius
the
Seal
of
Regeneration
(
that
is
,
Baptism
)
and
the
Sacred
Laws
of
eternal
salvation
.
He
had
a
mind
also
to
have
the
Civil
Laws
thence
,
and
desired
them
too
.
Ovid
long
since
had
so
prophesied
of
Rome
:
Juráque
ab
hàc
terrâ
caetera
terra
petet
.
that
is
,
And
from
this
Countrey
every
other
Land
Their
Laws
shall
fetch
,
and
be
at
her
command
.
Now
Eleutherius
wrote
him
this
answer
:
You
have
desired
of
us
,
that
the
Roman
and
Caesarean
Laws
may
be
sent
over
to
you
;
that
you
may
,
as
you
desire
,
use
them
in
your
Kingdom
of
Britanny
.
The
Roman
and
Caesarean
Laws
we
may
at
all
times
disprove
of
,
but
by
no
means
the
Laws
of
God.
For
you
have
lately
through
Divine
mercy
taken
upon
you
in
the
Kingdom
of
Britanny
the
Law
and
Faith
of
Christ
;
you
have
with
you
in
the
Kingdom
both
pages
of
Holy
Writ
,
(
to
wit
,
the
Old
and
New
Testament
)
.
Out
of
them
,
in
the
name
and
by
the
favour
of
God
,
with
the
advice
of
your
Kingdom
,
take
your
Law
,
and
by
it
through
Gods
permission
,
you
may
govern
your
Kingdom
of
Britanny
.
Now
you
for
your
part
are
Gods
Vicegerent
in
your
Kingdom
.
Howsoever
by
injury
of
time
the
memory
of
this
great
and
Illustrious
Prince
King
Lucy
hath
been
imbezill'd
and
smuggled
,
this
upon
the
credit
of
the
ancient
Writers
appears
plainly
,
that
the
pitiful
fopperies
of
the
Pagans
,
and
the
Worship
of
their
Idol-Devils
did
begin
to
flag
,
and
within
a
short
time
would
have
given
place
to
the
Worship
of
the
true
God
,
and
that
Three
Arch-Flamens
and
Twenty
Eight
Flamens
,
i.
e.
Arch-Priests
,
being
driven
out
,
there
were
as
many
Arch-Bishops
and
Bishops
put
into
their
rooms
(
the
Seats
of
the
Arch-Bishops
were
at
London
,
at
York
and
at
Caerleon
in
Wales
)
to
whom
,
as
also
to
other
Religious
persons
,
the
King
granted
Possessions
and
Territories
in
abundance
,
and
confirmed
his
Grants
by
Charters
and
Patents
.
But
he
ordered
the
Churches
(
as
he
of
Monmouth
and
Florilegus
tell
us
)
to
be
so
free
,
that
whatsoever
Malefactor
should
fly
thither
for
refuge
,
there
he
might
abide
secure
,
and
no
body
hurt
him
.
In
the
time
of
Constantine
the
Emperour
(
whose
Pedigree
most
people
do
refer
to
the
British
and
Royal
Blood
)
the
Lord
President
of
France
was
Governour
of
Britanny
.
He
together
with
the
rest
,
those
of
Illyricum
or
Slavonia
,
of
the
East
and
of
Italy
,
were
appointed
by
the
Emperour
.
In
his
time
the
Lord
Deputy
of
Britanny
,
(
whose
Blazonry
was
a
Book
shut
with
a
green
Cover
)
was
honoured
with
the
Title
of
Spectabilis
.
There
were
also
under
him
two
Magistrates
of
Consular
Dignity
,
and
three
Chief
Justices
(
according
to
the
division
of
the
Province
into
five
parts
)
who
heard
and
determined
Civil
and
Criminal
Causes
.
And
here
I
set
up
my
last
Pillar
concerning
the
Britans
and
the
Roman
Laws
in
Britanny
,
so
far
forth
as
those
Writers
which
I
have
,
do
supply
me
with
matter
.
CHAP.
XVII
.
The
Saxons
are
sent
for
in
by
Vortigern
against
the
Scots
and
Picts
,
who
usurping
the
Government
,
set
up
the
Heptarchy
.
The
Angles
,
Jutes
,
Frisons
,
all
called
Saxons
.
An
account
of
them
and
their
Laws
,
taken
out
of
Adam
of
Bremen
.
AFterwards
the
Scots
and
Picts
making
incursions
on
the
North
,
and
daily
havock
and
waste
of
the
Lands
of
the
Provincials
,
(
that
is
,
those
who
were
under
the
Roman
Government
)
they
send
to
desire
of
the
Romans
some
Auxiliary
Forces
.
In
the
mean
time
,
Rome
by
a
like
misfortune
,
was
threatned
with
imminent
danger
,
by
the
fury
of
the
Goths
:
all
Italy
was
in
a
fright
,
in
an
uproar
.
For
the
maintaining
of
whose
liberty
,
the
Empire
being
them
more
then
sinking
,
was
with
all
its
united
strength
engaged
and
ready
prepared
.
So
this
way
the
Britans
met
with
a
disappointment
.
Wherefore
Vortigern
,
who
was
Governour
in
Chief
,
sent
for
supplies
from
the
neighbouring
Germans
,
and
invited
them
in
.
But
according
to
the
Proverb
,
Carpathius
leporem
;
He
caught
a
Tartar
:
for
he
had
better
have
let
them
alone
where
they
were
.
Upon
this
account
,
the
Saxons
,
the
Angles
,
the
Jutes
,
the
Frieslanders
arrive
here
in
their
Gally-Foists
in
the
time
of
Theodosius
the
younger
.
At
length
being
taken
with
the
sweetness
of
the
soil
(
a
great
number
of
their
Countrey-men
flocking
over
after
them
,
as
there
were
at
that
time
fatal
flittings
and
shiftings
of
quarters
all
the
World
over
)
and
spurred
on
with
the
desire
of
the
chief
command
and
rule
,
having
struck
up
a
League
with
the
Picts
,
they
raise
a
sad
and
lamentable
War
against
their
new
entertainers
,
in
whose
service
they
had
lately
received
pay
:
and
to
make
short
,
in
the
end
having
turned
the
Britans
out
of
their
Ancestors
Seats
they
advanced
themselves
into
an
Heptarchy
of
England
,
so
called
from
them
.
Albeit
they
pass
by
various
names
,
yet
in
very
deed
they
were
all
of
them
none
other
but
Saxons
.
A
name
at
that
time
of
a
large
extent
in
Germany
;
which
was
not
,
as
later
Geographers
make
it
,
bounded
with
the
Rivers
of
the
Elb
,
of
the
Rhine
and
the
Oder
,
and
with
the
Confines
of
Hessen
and
Duringen
,
and
with
the
Ocean
;
but
reached
as
far
as
into
the
Cimbrian
Chersonesus
now
called
Jutland
.
It
is
most
likely
,
that
those
of
them
that
dwelt
by
the
Sea-side
,
came
over
by
Ship
into
Britanny
.
To
wit
,
at
first
Hors●s
and
Hengistus
came
over
out
of
Batavia
,
or
the
Low
Countreys
,
with
a
great
company
of
Saxons
along
with
them
;
after
that
out
of
Jutland
the
Jutes
(
for
Janus
Douza
proves
,
that
the
Danes
under
that
appellation
seised
our
Shores
,
in
the
very
beginning
of
the
Saxon
Empire
:
)
out
of
Angela
,
according
to
Camden
about
Flemsburg
a
City
of
Sleswick
,
came
the
Angles
;
out
of
Friseland
(
Procopius
is
my
Author
)
the
Frizons
.
One
may
without
any
wrong
call
them
all
Saxons
;
unless
Fabius
Quastor
Aethelwerd
also
did
his
Nation
injury
,
by
calling
them
so
.
He
flourished
Six
hundred
and
fifty
years
ago
,
being
the
Grand-child
or
Nephew
of
King
Aethelulph
,
and
in
his
own
words
discourses
,
That
there
was
also
a
people
of
the
Saxons
all
along
the
Sea-coast
from
the
River
Rhine
up
to
the
City
Donia
,
which
is
now
commonly
called
Denmark
.
For
it
is
not
proper
here
to
think
of
Denmark
in
the
neighbouring
Territories
of
Vtrecht
and
Amsterdam
,
by
reason
of
the
narrowness
of
that
tract
.
Those
few
Observes
then
,
which
Adam
of
Bremen
hath
copied
out
of
Einhard
concerning
the
Saxons
,
forasmuch
as
our
Ancient
Saxons
I
suppose
,
are
concerned
in
them
,
I
here
set
down
in
this
manner
and
order
.
CHAP.
XVIII
.
The
Saxons
division
of
their
people
into
four
ranks
.
No
person
to
marry
out
of
his
own
rank
.
What
proportion
to
be
observed
in
Marriages
according
to
Policy
.
Like
to
like
the
old
Rule
.
Now
Matrimony
is
made
a
matter
of
money
.
23.
THe
whole
Nation
consists
of
four
different
degrees
or
ranks
of
men
;
to
wit
,
of
Nobles
,
of
Free-men
born
,
of
Free-men
made
so
,
and
of
Servants
or
Slaves
.
And
Nithard
speaking
of
his
own
time
,
has
divided
them
into
Ethelings
,
that
is
,
Nobles
,
Frilings
,
that
is
,
Free-men
,
and
Lazzos
,
that
is
,
Servants
or
Slaves
.
It
was
enacted
by
Laws
,
That
no
rank
in
cases
of
Matrimony
do
pass
the
bounds
of
their
own
quality
;
but
that
a
Noble-man
marry
a
Noble-woman
,
a
Free-man
take
a
Free-woman
,
a
Bond-man
made
Free
be
joyned
to
a
Bond-woman
of
the
same
condition
,
and
a
Man-servant
match
with
a
Maid-servant
.
And
thus
in
the
Laws
of
Henry
Duke
of
Saxony
,
Emperour
Elect
,
concerning
Justs
and
Tournaments
,
When
any
Noble-man
had
taken
a
Citizen
or
Countrey-woman
to
Wife
,
he
was
forbid
the
exercise
of
that
sport
to
the
third
Generation
,
as
Sebastian
Munster
relates
it
.
The
Twelve
Tables
also
forbad
the
marriage
of
the
Patricii
or
Nobles
with
the
Plebeians
or
Commons
;
which
was
afterwards
voided
and
nulled
by
a
Law
which
Canuleius
made
,
when
he
was
Tribune
of
the
people
.
For
both
Politicians
and
Lawyers
are
of
opinion
,
That
in
marriages
we
should
make
use
of
not
an
Arithmetical
proportion
,
which
consists
of
equals
;
nor
of
a
Geometrical
one
,
which
is
made
up
of
likes
;
but
of
a
Musical
one
,
which
proceeds
from
unlike
notes
agreeing
together
in
sound
.
Let
a
Noble-man
that
is
decayed
in
his
estate
,
marry
a
Commoner
with
a
good
fortune
;
if
he
be
rich
and
wealthy
,
let
him
take
one
without
a
fortune
:
and
thus
let
Love
,
which
was
begot
betwixt
Wealth
and
Poverty
,
suite
this
unlikeness
of
conditions
into
a
sweet
harmony
;
and
thus
this
disagreeing
agreement
will
be
fit
for
procreation
and
breed
.
For
he
had
need
have
a
good
portion
of
his
own
,
and
be
nearer
to
Crassus
than
Irus
in
his
fortunes
,
who
,
by
reason
of
the
many
inconveniencies
and
intolerable
charges
of
Women
,
which
bring
great
Dowries
,
doth
,
with
Megadorus
in
Plautus
,
court
a
Wife
without
a
Portion
;
according
to
that
which
Martial
sayes
to
Priscus
:
Vxorem
quare
locupletem
ducere
nolim
Quaeritis
?
Vxori
nubere
nolo
meae
.
Inferior
Matrona
suo
sit
,
Prisce
,
Marito
:
Non
aliter
fiunt
foemina
virque
pares
.
Which
at
a
looser
rate
of
Translation
take
thus
,
Should
I
a
Wife
with
a
great
fortune
wed
,
You
'l
say
,
I
should
be
swéetly
brought
to
bed
.
Such
fortune
will
my
Liberty
undo
.
Who
brings
Estate
,
will
wear
the
Bréeches
too
.
Unhappy
match
!
where
e're
the
potent
Bride
Hath
the
advantage
wholly
on
her
side
.
Blest
pairs
!
when
the
Men
sway
,
the
Women
truckle
,
There
's
good
agréement
,
as
'twixt
Thong
and
Buckle
.
And
according
to
that
of
the
Greek
Poet
,
—
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Take
,
if
you
'l
be
rul'd
by
me
,
A
Wife
of
your
own
degrée
.
But
there
is
little
of
our
Age
fashioned
to
the
model
of
this
sense
:
Height
of
Birth
,
Vertue
,
Beauty
,
and
whatsoever
there
was
in
Pandora
of
Good
and
Fair
,
do
too
too
often
give
place
to
Wealth
;
and
that
I
may
use
the
Comedians
word
,
to
a
Purse
crammed
with
Money
.
And
as
the
merry
Greek
Poet
sayes
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
To
be
Noble
or
high-born
,
Is
no
argument
for
Love
:
Good
Parts
of
Bréeding
lye
forlorn
;
'T
is
Money
only
they
approve
.
I
come
back
now
to
my
friend
Adam
.
CHAP.
XIX
.
The
Saxons
way
of
judging
the
Event
of
War
with
an
Enemy
.
Their
manner
of
approving
a
proposal
in
Council
,
by
clattering
their
Arms.
The
Original
of
Hundred-Courts
.
Their
dubbing
their
Youth
into
Men.
The
priviledge
of
young
Lads
Nobly
born
.
The
Morganheb
or
Wedding-dowry
.
24.
THey
take
a
Prisoner
of
that
Nation
,
with
which
they
are
to
have
a
War
,
by
what
way
soever
they
can
catch
him
,
and
chose
out
one
of
their
own
Countrey-men
;
and
putting
on
each
of
them
the
Arms
of
their
own
Countrey
,
make
them
two
fight
together
,
and
judge
of
the
Victory
,
according
as
the
one
or
the
other
of
them
shall
overcome
.
This
very
thing
also
Tacitus
himself
hath
,
to
whom
Einhard
sends
his
Reader
.
For
though
he
treat
in
general
of
the
Germans
,
yet
nevertheless
without
any
question
,
our
Saxons
brought
over
along
with
them
into
this
Island
very
many
of
those
things
,
which
are
delivered
to
us
by
those
who
have
wrote
concerning
the
Customs
of
the
Germans
.
Among
which
,
take
these
following
.
25.
In
Councils
or
publick
Assemblies
,
the
King
or
Prince
,
(
i.
e.
a
chief
person
)
according
as
every
ones
Age
is
,
according
to
his
Nobility
,
according
to
his
Reputation
in
Arms
,
according
to
his
Eloquence
,
has
audience
given
him
,
where
they
use
the
authority
of
perswading
,
rather
than
the
power
of
commanding
.
If
they
dislike
what
he
sayes
,
they
disapprove
it
with
a
Hum
and
a
rude
noise
.
If
they
like
the
proposal
,
they
shake
and
rustle
their
Spears
or
Partisans
together
.
It
is
the
most
honourable
kind
of
assent
,
to
commend
the
Speaker
with
the
clattering
of
their
Arms.
From
hence
perhaps
arose
the
ancient
right
of
Wapentakes
.
26.
There
are
also
chosen
at
the
same
Councils
or
Meetings
,
chief
persons
(
as
Justices
)
to
administer
Law
in
the
several
Villages
and
Hamlets
.
Each
of
those
have
a
hundred
Associates
out
of
the
Commonalty
for
their
Counsel
and
Authority
.
This
is
plainly
the
pourtraict
of
our
Hundreds
,
which
we
still
have
throughout
the
Counties
of
England
.
27.
They
do
nothing
of
publick
or
private
affair
,
but
with
their
Arms
on
;
but
it
is
not
the
custom
for
any
one
to
wear
Arms
,
before
the
City
or
Community
approve
of
him
as
sufficient
for
it
.
Then
in
the
Council
it self
,
either
some
one
of
the
Princes
or
chief
persons
,
or
the
Father
of
the
young
man
or
some
Kinsman
of
his
in
token
of
respect
,
give
him
a
Shield
and
a
Partisan
.
This
with
them
stands
for
the
Ceremony
of
the
Gown
;
this
the
first
honour
of
youth
arriving
at
manhood
;
before
this
be
done
,
they
seem
but
a
part
of
the
Family
:
but
after
this
is
over
,
they
are
a
part
of
the
Common-wealth
.
The
right
ancient
pattern
of
dubbing
Knights
,
if
any
where
else
to
be
found
.
Julius
Caesar
sayes
almost
the
very
same
thing
of
the
Gauls
.
They
do
not
suffer
their
Children
,
to
come
in
publick
to
them
,
till
they
be
come
to
Age
,
that
they
be
able
to
undergo
the
Duties
of
War.
28.
A
remarkable
Nobleness
of
descent
,
or
the
high
merits
of
their
Fathers
,
procure
even
to
young
Lads
the
dignity
and
esteem
of
a
Prince
.
For
,
as
the
Philosopher
sayes
,
We
owe
this
regard
to
Vertues
,
that
we
respect
them
,
not
only
whilst
present
,
but
also
when
they
are
taken
away
out
of
our
sight
;
and
in
the
Wife
mans
account
,
The
glory
of
Parents
,
is
the
honour
of
their
Children
.
29.
The
Wife
doth
not
bring
the
Husband
a
Portion
,
but
the
Husband
gives
the
Wife
a
Dowry
.
Contrary
to
what
the
Roman
Law
saith
,
That
custom
is
still
in
use
with
the
English
,
as
Morgangheb
in
other
places
.
CHAP.
XX.
Their
severe
punishments
of
Adultery
,
by
maiming
some
parts
of
the
body
.
The
reason
of
it
given
by
Bracton
.
The
like
practised
by
Danes
and
Normans
.
30.
THe
Husband
if
his
Wife
playes
the
Whore
,
cuts
off
her
hair
,
strips
her
naked
,
and
turns
her
out
of
doors
in
presence
of
her
Kindred
,
and
drives
her
through
the
Streets
,
lashing
or
beating
her
as
she
goes
along
.
They
were
formerly
in
this
Northern
part
of
the
World
,
most
severe
punishers
of
Adultery
,
and
they
ahd
such
Laws
as
were
—
ipsis
Marti
Venerique
timenda
;
that
is
,
such
as
would
Put
Mars
and
Venus
in
a
trance
Of
fear
,
amidst
their
dalliance
.
King
Knute
ordered
,
That
a
Wife
,
who
took
another
Passenger
on
board
her
than
her
Husband
,
and
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Oft
times
i
th'
nights
away
she
hies
,
And
into
other
harbour
flyes
.
(
Well
speed
thee
and
thine
,
fair
Venus
;
nor
do
I
willingly
bring
these
ill
tidings
to
thy
tender
Ducklings
.
)
should
have
her
Nose
and
ears
cut
off
.
I
remember
,
Antinous
in
Homer
threatens
Irus
with
the
chopping
off
his
Nose
,
Ears
and
Privities
;
and
Vlysses
inflicts
that
very
punishment
upon
his
Goat-herd
Melanthius
,
for
his
having
been
too
officious
in
his
pimping
attendance
upon
the
Gallants
,
that
haunted
the
house
in
his
absence
.
How
any
one
should
deserve
this
penalty
,
which
so
disfigures
Nature
,
I
do
not
yet
sufficiently
understand
.
Heraclid●s
Ponticus
informs
us
,
That
Law-makers
were
wont
to
maim
that
part
especially
which
committed
the
misdemeanour
.
In
testimony
of
this
,
he
mentions
Tytius
his
Liver
as
the
Shop
and
Work-house
of
Lust
;
and
it
were
not
hard
matter
to
bring
in
other
more
pertinent
instances
;
and
Pereant
partes
,
quae
nocuere
.
saith
some
Poet
,
The
parts
that
did
the
hurt
,
Let
them
e'en
suffer
for
't
.
However
it
was
not
Melanthius
his
Ears
,
and
by
no
means
his
Nose
that
offended
;
no
nor
the
good
Wives
neither
that
commits
the
fact
:
as
Martial
the
merry
Wag
tells
a
certain
Husband
,
Quis
tibi
persuasit
nares
abscindere
moecho
?
Non
hàc
peccata
est
parte
,
marite
,
tibi
.
that
is
,
with
modesty
to
render
it
,
What
made
thee
,
angry
man
,
to
cut
The
Nose
of
him
,
that
went
to
rut
?
'T
was
not
that
part
,
that
did
th'
offence
:
Therefore
to
punish
that
,
what
sense
?
But
who
doth
not
see
,
that
a
Woman
hath
no
other
parts
of
her
body
so
lyable
to
maiming
or
cutting
off
?
Both
those
parts
make
much
for
the
setting
her
off
;
nor
are
there
any
others
in
the
whole
outward
frame
of
the
Microcosm
,
which
being
cut
off
,
do
either
more
disparage
beauty
,
or
withal
less
afflict
the
animal
vertue
,
as
they
call
it
,
by
which
life
is
maintain'd
.
Now
for
those
,
who
of
old
time
did
unluckily
,
that
is
,
without
the
favour
of
those
Heathen
Gods
Prema
and
Mutinus
,
to
whose
service
they
were
so
addicted
,
offer
violence
to
untainted
chastity
;
the
loss
of
members
did
await
the
lust
of
such
persons
,
that
there
might
be
member
for
member
(
they
are
the
words
of
Henry
Bracton
,
a
very
ancient
Writer
of
our
Law
,
and
they
are
clear
testimonies
,
that
the
English
have
practised
the
Law
of
like
for
like
)
quia
virgo
,
cùm
corrumpitur
,
membrum
amittit
,
&
ideò
corruptor
puniatur
in
eo
in
quo
deliquit
:
oculos
igitur
amittat
propter
aspectum
decoris
,
quo
virginem
concupivit
;
amittat
&
testiculos
,
qui
calorem
stupri
induxerunt
.
So
long
ago
,
Aut
linguam
aut
oculos
aut
quae
tibi
membra
pudorem
Abstulerant
,
ferro
rapiam
.
sayes
Progne
to
her
Sister
Philomele
,
speaking
of
the
filthy
Villain
Tereus
,
who
had
ravished
her
,
I
'le
cut
out
his
eyes
or
tongue
,
Or
those
parts
which
did
thée
the
wrong
.
and
Plautus
in
his
Play
called
Paenulus
,
Sy.
Facio
quod
manifesto
moechi
haud
ferme
solent
.
Mi.
Ruid
id
est
?
Sy.
Referovasa
salva
.
I
remember
I
have
read
that
Jeoffry
de
Millers
a
Nobleman
of
Norfolk
,
for
having
inticed
the
Daughter
of
John
Briton
to
an
Assignation
,
and
ingaged
her
with
venereal
pledges
;
being
betrayed
and
trepann'd
by
the
Baggage
,
underwent
this
execution
;
and
suffered
besides
,
whatso●ver
a
Fathers
fury
in
such
a
case
would
prompt
him
to
do
:
But
withal
,
that
King
Henry
the
third
was
grievously
offended
at
it
,
dis-inherited
Briton
,
banished
him
,
and
gave
order
by
Proclamation
,
that
no
one
should
presume
,
unless
it
were
in
his
Wives
case
,
to
do
the
like
.
But
these
passages
are
of
later
date
,
and
since
the
Normans
time
and
from
them
;
unless
you
will
bring
hither
that
which
we
meet
with
in
Alured's
Law
concerning
a
Man
and
a
Maid-servant
.
From
whence
we
slide
back
again
to
Tacitus
.
CHAP.
XXI
.
The
manner
of
Inheriting
among
them
.
Of
deadly
Feuds
.
Of
Wergild
or
Head-mony
for
Murder
.
The
Nature
of
Country-Tenures
and
Knights
Fees.
31.
EVery
ones
Children
are
their
Heirs
and
Successors
,
and
there
was
no
Will
to
be
.
Nor
was
it
lawful
with
us
down
to
our
Grandfathers
time
,
to
dispose
of
Country
Farms
or
Estates
by
Will
,
unless
it
were
in
some
Burroughs
,
that
had
a
peculiar
Right
and
Priviledge
of
their
own
.
If
there
be
no
Children
,
then
,
says
he
,
the
next
of
kin
shall
inherit
;
Brethren
,
or
Uncles
by
the
Fathers
or
Mothers
side
.
Those
of
the
ascending
Line
are
excluded
from
Inheritances
,
and
here
appears
the
preference
of
the
Fathers
side
:
A
Law
at
this
very
day
usual
with
the
English.
32.
To
undertake
the
Enmities
rather
than
the
Friendships
,
whether
of
ones
Father
or
Kinsman
,
is
more
necessary
.
Capital
enmities
,
which
they
call
Deadly
Feuds
,
are
well
known
to
our
Northern
people
.
Nor
do
they
hold
on
never
to
be
appeased
:
For
even
Murder
is
expiated
by
a
certain
number
of
some
head
of
Cattel
,
and
the
whole
Family
of
the
murdered
Person
receives
satisfaction
.
Murders
formerly
were
bought
off
with
Head-mony
called
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
;
though
one
had
killed
a
Nobleman
,
nay
the
King
himself
,
as
we
may
see
in
Athelstan's
Constitutions
:
But
good
manners
,
I
suppose
,
have
prevailed
above
Laws
.
33.
The
Lord
imposes
upon
his
Tenant
a
certain
quantity
of
Corn
or
Cattel
,
or
Clothes
.
We
see
here
clearly
enough
the
nature
of
Country
Land-holders
,
Fees
or
Tenures
.
As
to
military
or
Knights
Fees
,
give
me
leave
to
set
that
down
too
.
Dionysius
Halicarnasseus
gives
us
a
very
ancient
draught
and
model
of
them
in
the
Trojans
and
Aborigines
:
Florus
in
the
Cymbrians
,
and
Lampridius
in
Alexander
Severus
.
Both
the
Northern
people
and
the
Italians
do
owe
them
to
the
Huns
and
Lombards
;
but
these
later
according
to
a
more
modern
form
.
Let
these
things
suffice
out
of
Cornelius
Tacitus
,
which
belong
to
this
Head.
CHAP.
XXII
.
Since
the
return
of
Christianity
into
the
Island
,
King
Ethelbert's
Law
against
Sacriledge
.
Thieves
formerly
amerced
in
Cattel
.
A
blot
upon
Theodred
the
Good
,
Bishop
of
London
,
for
hanging
Thieves
.
The
Country
called
Engelond
by
Order
of
King
Egbert
,
and
why
so
called
.
The
Laws
of
King
Ina
,
Alfred
,
Ethelred
,
&c.
are
still
to
be
met
with
in
Saxon.
Those
of
Edward
the
Confessor
,
and
King
Knute
the
Dane
,
were
put
forth
by
Mr.
Lambard
in
his
Archaeonomia
.
BEfore
that
the
Christian
Doctrine
had
driven
out
and
banished
the
Saxon
Idolatry
,
all
these
things
I
have
hitherto
been
speaking
of
,
were
in
use
.
Ethelbert
(
he
that
was
the
first
King
,
not
only
of
Kent
,
but
of
all
England
,
except
Northumberland
)
having
been
baptized
by
Austin
the
Monk
,
the
Apostle
,
as
some
call
him
,
of
the
English
)
amongst
other
good
things
which
by
Counsel
and
Grant
he
did
to
his
Nation
,
(
't
is
venerable
Bede
speaks
these
words
)
he
did
also
with
the
advice
of
wise
men
,
appoint
for
his
peoples
use
the
orders
of
their
proceedings
at
Law
,
according
to
the
examples
of
the
Romans
.
Which
having
been
written
in
the
English
tongue
(
says
he
)
are
hitherto
,
or
to
this
time
kept
and
observed
by
them
.
Among
which
orders
or
decrees
he
set
down
in
the
first
place
,
after
what
manner
such
an
one
should
make
amends
,
who
should
convey
away
by
stealth
any
of
those
things
that
belonged
to
the
Church
,
or
to
a
Bishop
,
or
to
the
rest
of
the
Orders
.
In
the
Laws
of
some
that
came
after
him
,
as
those
of
King
Alured
(
who
cull'd
out
of
Ethelbert's
Acts
to
make
up
his
own
)
and
those
of
King
Athelstan
,
Thieves
make
satisfaction
with
mony
;
accordingly
as
Tacitus
says
of
the
Germans
,
That
for
lighter
offences
those
that
were
convicted
are
at
the
rate
of
their
penalties
amerced
such
a
number
of
Horses
or
other
Cattel
.
For
,
as
Festus
hath
it
,
before
Brass
and
Silver
were
coyned
,
by
ancient
custom
they
were
fined
for
their
faults
so
much
Cattel
:
But
those
who
medled
with
any
thing
sacred
,
we
read
had
that
hand
cut
off
with
which
they
committed
the
theft
.
Well!
but
am
I
mistaken
,
or
was
Sacriledge
even
in
the
time
of
the
Saxon
Government
punisht
as
a
Capital
crime
?
There
is
a
passage
of
William
of
Malmsbury
,
in
his
Book
de
Gestis
Pontificum
,
that
inclines
me
to
think
so
.
Speaking
of
Theodred
,
the
Bishop
of
London
when
Athelstan
was
King
,
he
says
,
That
he
had
among
the
common
people
got
the
sirname
of
Theodred
the
Good
;
for
the
eminence
of
his
virtues
:
Only
in
one
thing
he
fell
short
,
which
was
rather
a
mistake
than
a
crime
,
that
those
Thieves
which
were
taken
at
St.
Edmunds
,
whom
the
holy
Martyr
had
upon
their
vain
attempts
tied
with
an
invisible
knot
(
he
means
St.
Edmundsbury
in
Suffolk
;
which
Church
these
Fellows
having
a
design
to
rob
,
are
said
by
miracle
to
have
stood
still
in
the
place
,
as
if
they
had
been
tied
with
Cords
:
These
Thieves
Isay
)
were
by
his
means
or
sufferance
given
up
to
the
severity
of
the
Laws
,
and
condemned
to
the
Gallows
or
Gibbet
.
Let
not
any
one
think
that
in
this
middle
Age
,
this
Gallows
or
Gibb●t
I
spoke
of
,
was
any
other
thing
than
the
Roman
Furca
,
upon
which
people
hang
and
are
strangled
till
they
die
.
34.
Egbert
King
of
the
West-Saxons
(
I
make
use
of
Camdens
words
)
having
gotten
in
four
Kingdoms
by
conquest
,
and
devour'd
the
other
two
also
in
hope
,
that
what
had
come
under
the
Government
of
one
,
might
likewise
go
under
one
name
;
and
that
he
might
keep
up
the
memory
of
his
own
people
the
Angles
,
he
gave
order
by
Proclamation
,
that
the
Heptarchy
which
the
Saxons
had
possest
,
should
be
called
Engelond
.
John
Carnotensis
writes
,
that
it
was
so
called
from
the
first
coming
in
of
the
Angles
;
and
another
some
body
says
it
was
so
named
from
Hengist
a
Saxon
Prince
.
There
are
a
great
many
Laws
of
King
Ina
,
Alfred
,
Edward
,
Athelstan
,
Edmund
,
Edgar
,
Ethelred
,
and
Knute
the
Dane
,
written
in
the
Saxon
language
;
which
have
lasted
till
these
very
times
.
For
King
Knute
gave
order
(
't
is
William
of
Malmsbury
speaks
)
that
all
the
Laws
which
had
been
made
by
former
Kings
,
and
especially
by
his
Predecessor
Ethelred
,
should
under
pain
of
his
displeasure
and
a
Fine
,
be
constantly
observed
:
For
the
keeping
of
which
,
even
now
in
the
time
of
those
who
are
called
the
Good
,
people
swear
in
the
name
of
King
Edward
;
not
that
he
appointed
them
,
but
that
he
observed
them
.
The
Laws
of
Edward
,
who
for
his
piety
has
the
sirname
of
Confessor
,
are
in
Readers
hands
.
These
of
the
Confessor
were
in
Latin
;
those
others
of
Knute
were
not
long
since
put
into
Latin
by
William
Lambard
a
learned
man
,
and
one
very
well
vers'd
in
Antiquity
;
who
had
recovered
them
both
,
and
published
the
Saxon
Original
with
his
Translation
over
against
it
,
Printed
by
John
Day
at
London
,
Anno
1567.
under
the
Title
of
Archaeonomia
,
or
a
Book
concerning
the
ancient
Laws
of
the
English.
May
he
have
a
good
harvest
of
it
as
he
deserves
.
From
Historians
let
us
borrow
some
other
helps
for
this
service
.
CHAP.
XXIII
.
King
Alfred
divides
England
into
Countyes
or
Shires
,
and
into
Hundreds
and
Tythings
.
The
Original
of
Decenna
or
Court-leet
,
Friburg
,
and
Mainpast
.
Forms
of
Law
,
how
People
were
to
answer
for
those
whom
they
had
in
Borgh
or
Mainpast
.
35.
INgulph
the
Abbot
of
Crowland
,
writing
of
King
Alfred
says
:
That
he
was
the
first
of
all
that
changed
the
Villages
or
Lordships
and
Provinces
of
all
England
into
Counties
or
Shires
.
Before
that
it
was
reckoned
and
divided
according
to
the
number
of
Hides
or
Plough-lands
by
little
districts
or
quarters
.
He
divided
the
Counties
into
Hundreds
and
Tythings
;
(
it
was
long
before
that
Honorius
,
Arch-Bishop
of
Canterbury
,
had
parted
the
Country
into
Parishes
;
to
wit
,
Anno
636.
)
that
every
Native
home-born
lawful
man
,
might
be
in
some
Hundred
and
Tything
(
I
mean
whosoever
was
full
twelve
years
of
age
)
and
if
any
one
should
be
suspected
of
Larceny
or
Theft
,
he
might
in
his
own
Hundred
or
Ward
,
being
either
condemned
or
giving
security
(
in
some
Manuscripts
it
is
being
acquitted
)
he
might
either
incur
or
avoid
the
deserved
penalty
.
William
of
Malmsbury
adds
to
this
,
that
he
that
could
not
find
security
was
afraid
of
the
severity
of
the
Laws
;
and
if
any
guilty
person
,
either
before
his
giving
security
or
after
,
should
make
his
escape
,
all
of
that
Hundred
and
Tything
should
incur
the
Kings
fine
.
Here
we
have
the
Original
of
Decenna
or
a
Court-leet
,
of
Friburg
,
and
perhaps
of
Mainpast
:
Which
things
though
grown
out
of
use
in
the
present
Age
;
yet
are
very
often
mentioned
,
not
only
in
the
Confessors
Laws
,
but
also
in
Bracton
and
in
other
Records
of
our
Law.
What
Decenna
was
,
the
word
it self
does
almost
shew
:
And
Ingulph
makes
out
,
that
is
,
a
Dousin
or
Courtleet
.
Friburg
or
Borgh
signifies
a
Surety
;
for
Fri
is
all
one
as
free
.
He
who
passes
his
word
for
anothers
good
behaviour
,
or
good
abearing
,
and
is
become
his
security
;
is
said
to
have
such
a
one
in
his
Borgh
:
Being
ingaged
upon
this
account
to
the
Government
,
to
answer
for
him
if
he
misbehave
himself
.
And
hence
it
is
,
that
our
people
in
the
Country
call
those
that
live
near
them
,
or
as
I
may
say
at
the
next
door
,
Neighbours
:
When
yet
those
that
would
find
out
the
reason
why
the
people
of
Liege
in
the
Low
Countries
are
called
Eburones
,
do
understand
that
Burgh
,
which
is
the
same
as
Borgh
,
to
stand
for
a
Neighbour
;
and
this
is
plainly
affirmed
by
Pontus
Heuterus
,
in
other
Originations
of
the
like
kind
.
Manupastus
is
the
same
thing
as
a
Family
:
As
if
one
would
say
,
fed
by
hand
.
Just
in
the
like
sence
Julius
Pollux
,
in
Greek
terms
a
Master
of
a
Family
,
Trophimos
;
that
is
,
the
feeder
of
it
.
That
the
Rights
of
Friburg
and
Manupast
were
in
use
with
the
English
some
five
or
six
Generations
ago
,
is
manifest
.
Curio
a
Priest
is
fined
by
Edward
the
third
,
because
there
had
been
one
of
his
Family
a
Murderer
.
And
the
ancient
Sheets
concerning
the
Progress
or
Survey
of
Kent
under
Edward
the
second
,
do
give
some
light
this
way
.
Ralph
a
Milner
of
Sandon
,
and
Roger
a
Boy
of
the
said
Ralph
in
Borgh
of
*
Twicham
;
(
Critick
whoever
you
are
,
I
would
not
have
you
to
laugh
at
this
home
spun
Dialect
)
came
by
night
to
the
Mill
of
Harghes
,
and
then
and
there
murdered
William
the
Milner
;
and
carried
away
his
Goods
and
Chattels
and
presently
fled
:
It
is
not
known
whither
they
are
gone
,
and
the
Jury
mistrusts
them
the
said
Ralph
and
Roger
concerning
the
death
of
the
aforesaid
William
;
therefore
let
them
be
driven
out
and
out-lawed
.
They
had
no
Chattels
,
but
the
aforesaid
Ralph
was
in
Borgh
of
Simon
Godwin
of
Tw●cham
,
who
at
present
has
him
not
;
and
therefore
lies
at
mercy
:
And
Roger
was
not
in
Borgh
,
but
was
of
the
Mainpast
of
Robert
Arch-Bishop
of
Canterbury
deceased
;
there
being
no
Engleshire
presented
,
the
Verdit
is
,
the
murder
upon
the
Hundred
.
The
first
discoverer
of
it
and
three
Neighbours
are
since
dead
;
and
Thomas
Broks
,
one
of
the
Neighbours
,
comes
and
is
not
mistrusted
;
and
the
Villages
of
Wimesbugewelle
and
Egestoun
did
not
come
fully
to
the
Coroners
Inquest
and
are
therefore
at
mercy
.
And
about
the
same
time
,
Solomon
Ro●
of
Ickham
came
to
the
House
of
Alice
the
Daughter
of
Dennis
W●●nes
,
and
beat
her
and
struck
her
upon
the
Belly
with
a
staff
;
so
that
she
dyed
presently
.
And
the
foresaid
Solomon
presently
fled
,
and
the
Jury
mistrust
him
concerning
the
death
aforesaid
;
therefore
let
him
be
driven
out
and
be
outlawed
.
He
had
no
Chattels
,
nor
was
he
in
Borgh
because
a
Vagrant
:
The
Verdit
,
the
murder
lies
upon
the
Hundred
.
&c.
And
according
to
this
form
more
such
Instances
.
But
let
it
suffice
to
have
hinted
at
these
things
,
adding
out
of
Henry
Bracton
;
If
out
of
Frank-pledge
an
Offender
be
received
in
any
Village
,
the
Village
shall
be
at
mercy
;
unless
he
that
fled
be
such
an
one
,
that
he
ought
not
to
be
in
Leet
and
Frank-pledge
;
as
Nobles
,
Knights
,
and
their
Parents
(
their
eldest
Sons
it
is
in
the
yearly
Records
of
Law
in
Edward
the
first
's
time
;
and
we
may
take
in
Daughters
too
)
a
Clergy-man
,
a
Freeman
,
(
I
fear
this
word
has
crept
in
)
and
the
like
,
according
to
the
custom
of
the
Country
;
and
in
which
case
he
,
of
whose
Family
and
Mainpast
they
were
,
shall
be
bound
in
some
parts
,
and
shall
answer
for
them
;
unless
the
custom
of
the
Country
be
otherways
,
that
he
ought
not
to
answer
for
his
Mainpast
,
as
it
is
in
the
County
of
Hertford
,
where
a
man
does
not
answer
for
his
Mainpast
for
any
offence
,
unless
he
return
after
Felony
,
or
he
receive
him
after
the
offence
committed
,
as
in
the
Circuit
of
M.
de
Pateshull
in
the
County
of
Hertford
,
in
such
a
year
of
King
Henry
the
fifth
.
In
sooth
these
usages
do
partly
remain
in
our
Tythings
and
Hundreds
,
not
at
all
hitherto
repealed
or
worn
out
of
fashion
.
CHAP.
XXIV
.
King
Alfred
first
appointed
Sheriffs
.
By
Duns
Scotus
his
advice
,
he
gave
Order
for
the
breeding
up
of
Youth
in
Learning
.
By
the
way
,
what
a
Hide
of
Land
is
.
King
Edgar's
Law
for
Drinking
.
Prelates
investiture
by
the
Kings
Ring
and
Staff.
King
Knute's
Law
against
any
English-man
that
should
kill
a
Dane
.
Hence
Englescyre
.
The
manner
of
Subscribing
and
Sealing
till
Edward
the
Confessor's
time
.
King
Harald's
Law
that
no
Welch-man
should
come
on
this
side
Offa's
Dike
with
a
weapon
.
36.
THe
Governors
of
Provinces
who
before
were
styled
Deputy-Lieutenants
(
we
return
to
Ingulph
and
King
Alfred
)
He
divided
into
two
Offices
;
that
is
,
into
Judges
,
whom
we
now
call
Justices
,
and
into
Sheriffs
,
who
do
still
retain
the
same
name
.
Away
then
with
Polydore
Virgil
,
who
fetches
the
first
Sheriffs
from
the
Norman
Conqueror
.
37.
John
Scot
Erigena
advised
the
King
,
that
he
would
have
his
Subjects
instructed
in
good
Letters
;
and
that
to
that
end
he
would
by
his
Edict
take
care
of
that
which
might
be
for
the
benefit
of
Learning
.
Whereupon
he
gave
strict
order
to
all
Freemen
of
the
whole
Kingdom
,
who
did
at
least
possess
two
Hides
of
Land
,
that
they
should
hold
and
keep
their
Children
till
the
time
of
fifteen
years
of
their
Age
,
to
learning
;
and
should
in
the
mean
time
diligently
instruct
them
to
know
God.
A
Hide
of
Land
,
that
I
may
note
it
once
for
all
,
and
a
Plough
-
Land
(
that
is
as
much
Land
as
can
be
well
turned
up
and
tilled
with
one
Plough
every
year
)
are
read
as
synonymous
terms
of
the
same
sence
,
in
Huntingdon
,
Matthew
Paris
,
Thomas
Walsingham
;
and
expresly
in
a
very
old
Charter
of
Dunstan
.
Although
some
take
a
Hide
for
an
hundred
Acres
,
and
others
otherwise
;
do
thou
,
if
thou
hadst
rather
so
do
,
fansie
it
to
be
as
much
ground
as
one
can
compass
about
with
a
Bull-hide
cut
into
Thongs
,
as
Queen
Dido
did
at
Carthage
:
There
are
some
who
are
not
unwilling
to
have
it
so
understood
.
38.
King
Edgar
like
a
King
of
good
Fellows
,
or
Master
of
Revels
,
made
a
Law
for
Drinking
.
He
gave
order
that
studs
or
knobs
of
Silver
or
Gold
(
so
Malmsbury
tells
us
)
should
be
fastned
to
the
sides
of
their
Cups
or
drinking
Vessels
,
that
when
every
one
knew
his
mark
or
boundary
,
he
should
out
of
modesty
,
not
either
himself
covet
or
force
another
to
desire
more
than
his
stint
.
This
is
the
only
Law
before
the
first
Parliament
under
King
James
,
has
been
made
against
those
Swill-bowls
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Swabbers
of
drunken
Feasts
and
lusty
Rowers
,
In
full
brimm'd
Rummers
that
do
ply
their
Dars
.
who
by
their
carowses
(
tipling
up
Nestor's
years
,
as
if
they
were
celebrating
the
Goddess
Anna
Perenna
)
do
at
the
same
time
drink
others
Healths
,
and
mischief
and
spoil
their
own
and
the
Publick
.
39.
There
was
no
choice
of
Prelates
(
these
are
the
words
of
Ingulph
again
)
that
was
merely
free
and
canonical
;
but
the
Court
conferred
all
Dignities
,
as
well
of
Bishops
as
of
Abbots
,
by
the
Kings
Ring
and
Staff
,
according
to
his
good
pleasure
.
The
Election
or
choice
was
in
the
Clergy
and
the
Monks
;
but
they
desired
him
whom
they
had
chosen
,
of
the
King.
Edmund
,
in
King
Ethelred's
time
,
was
after
this
manner
made
Bishop
of
the
Holy
Island
on
the
Coast
of
Northumberland
:
And
King
Edgar
in
his
Patent
,
which
he
signed
to
the
Abby
of
Glastenbury
,
retained
to
himself
and
his
Heirs
,
the
power
of
bestowing
the
Pastoral
Staff
to
the
Brother
Elect.
40.
To
as
many
as
King
Knute
retained
with
him
in
England
(
to
wit
,
to
the
Danes
;
for
by
their
hands
also
was
the
Scepter
of
this
Kingdom
managed
)
it
was
granted
,
that
they
should
have
a
firm
peace
all
over
;
so
that
if
any
of
the
English
killed
any
of
those
men
,
whom
the
King
had
brought
along
with
him
;
if
he
could
not
clear
himself
by
the
Judgment
of
God
(
that
is
,
by
Ordeal
)
to
wit
,
by
water
and
burning
hot
iron
,
Justice
should
be
done
upon
him
:
But
if
he
run
away
and
could
not
be
taken
,
there
should
be
paid
for
him
sixty
six
marks
;
and
they
were
gathered
in
the
Village
where
the
Party
was
slain
,
and
therefore
because
they
had
not
the
murderer
forth
coming
;
and
if
in
such
Village
by
reason
of
their
poverty
,
they
could
not
be
gathered
,
then
they
should
be
gathered
in
the
Hundred
,
to
be
paid
into
the
Kings
Treasure
.
In
this
manner
writes
Henry
Bracton
,
who
observes
that
hence
the
business
of
Englishshire
came
into
fashion
in
the
Inquests
of
murder
.
41.
Hand-Writings
(
i.e.
Patents
and
Grants
)
till
Edward
the
Confessors
time
,
were
confirmed
by
the
subscriptions
of
faithful
Persons
pres●nt
;
a
thing
practised
too
among
the
Britans
in
King
Arthur's
time
,
as
John
Price
informs
us
out
of
a
very
ancient
Book
of
the
Church
of
Landaff
.
Those
subscriptions
were
accompanied
with
Golden
Crosses
,
and
other
sacred
Seals
or
like
stamps
.
42.
King
Harald
made
a
Law
,
that
whosoever
of
the
Welch
should
be
found
with
a
Weapon
about
him
without
the
bound
which
he
had
set
them
,
to
wit
,
Offa's
dike
;
he
should
have
his
Right
Hand
cut
off
by
the
Kings
Officers
.
This
dike
our
Chorographer
tells
us
was
cut
by
Offa
King
of
the
Mercians
,
and
drawn
along
from
the
mouth
of
the
River
Dee
to
the
mouth
of
the
River
Wye
for
about
eighty
miles
in
length
,
on
purpose
to
keep
the
English
and
Welch
asunder
.
CHAP.
XXV
.
The
Royal
Consorts
great
Priviledge
of
Granting
.
Felons
Estates
forfeited
to
the
King.
Estates
granted
by
the
King
with
three
Exceptions
of
Expedition
,
Bridge
,
and
Castle
.
The
Ceremony
of
the
Kings
presenting
a
Turf
at
the
Altar
of
that
Church
,
to
which
he
gave
Land.
Such
a
Grant
of
King
Ethelbald
comprized
in
old
Verse
.
THe
Donations
or
Grants
of
the
Royal
Consort
,
though
not
by
the
Kings
Authority
,
contrary
to
what
the
Priviledge
of
any
other
Wife
is
,
were
ratified
also
in
that
Age
,
as
they
were
by
the
Roman
Law
:
Which
by
the
Patent
of
Aethelswith
,
Wife
to
Burghred
King
of
the
Mercians
,
granted
to
Cuthwuls
in
the
year
868.
hath
been
long
since
made
out
by
Sir
Edward
Coke
,
Lord
Chief
Justice
of
the
Common
Pleas
:
Where
also
King
Ethelred's
ancient
Charter
proves
,
that
the
Estates
of
Felons
(
those
I
mean
who
concern
themselves
in
Burglaries
and
Robberies
)
are
forfeited
to
the
King.
Having
already
mentioned
those
Hand-writings
or
Grants
,
which
are
from
one
hand
and
t'other
,
conveyances
of
Tenure
(
the
fewel
of
quarrels
)
I
have
a
mind
,
over
and
above
what
has
been
said
,
to
set
down
also
these
Remarks
,
as
being
to
our
purpose
;
and
taken
from
the
Saxons
.
As
for
instance
,
that
those
are
most
frequent
whereby
Estates
are
conveyed
to
be
held
with
the
best
and
fairest
right
;
yet
most
commonly
these
three
things
excepted
,
to
wit
,
Expedition
,
Repairing
of
Bridges
,
and
Building
of
Castles
:
And
that
those
to
whom
the
Grants
were
made
,
were
very
seldom
acquitted
upon
this
account
.
These
three
exceptions
are
noted
by
the
term
of
a
three-knotted
necessity
in
an
old
Charter
,
wherein
King
Cedwalla
granted
to
Wilfrid
(
the
first
Bishop
of
Shelsey
in
Sussex
)
the
Village
of
Paganham
in
the
said
County
.
For
though
in
the
Grants
of
King
Ethelulph
the
Church
be
free
(
says
Ingulph
)
and
there
be
a
concession
of
all
things
for
the
release
of
our
Souls
,
and
pardon
of
our
sins
to
serve
God
alone
without
Expedition
,
and
building
of
Bridge
,
and
fortifying
of
Castle
;
to
the
intent
that
the
Clergy
might
wholly
attend
Divine
Service
:
Yet
in
that
publick
debate
of
Parliament
,
in
the
Reign
of
Henry
the
third
,
concerning
the
ancient
State
,
Freedom
,
and
Government
of
the
English
Church
;
and
concerning
the
hourly
exactions
of
the
Pope
and
the
Leeches
,
Jugglers
and
Decoys
of
Rome
,
that
strolled
up
and
down
the
Country
to
pick
Peoples
Pockets
,
to
the
great
prejudice
of
the
Common-wealth
;
they
did
indeed
stand
for
the
priviledge
of
the
Church
,
and
produced
as
Witnesses
thereof
the
Instruments
and
Grants
of
Kings
;
who
nevertheless
were
not
so
much
inclined
to
countenance
that
liberty
of
the
Church
,
but
that
,
as
Matthew
Paris
observes
,
They
always
reserved
to
themselves
for
the
publick
advantage
of
the
Kingdom
,
three
things
;
to
wit
,
Expedition
,
and
the
repairing
or
making
up
of
Bridge
or
Castle
;
that
by
them
they
might
withstand
the
incursions
of
the
Enemy
.
And
King
E●helbald
hath
this
form
:
I
grant
that
all
the
Monasteries
and
Churches
of
my
Kingdom
be
discharged
from
publick
Customs
or
Taxes
,
Works
or
Services
,
and
Burdens
or
Payments
or
Attendances
,
unless
it
be
the
building
and
repairing
of
Castles
or
Bridges
,
which
cannot
be
released
to
any
one
.
I
take
no
notice
how
King
Ethelred
the
twelfth
perhaps
(
but
by
no
means
the
fifteenth
,
wherein
an
Historian
of
ours
has
blundred
)
hath
signed
the
third
year
of
his
Reign
by
the
term
of
an
Olympiad
,
after
the
manner
of
the
Greek
computation
or
reckoning
:
As
likewise
I
pass
other
things
of
the
like
kind
,
which
are
many
times
used
and
practised
according
to
the
fancy
of
the
Clerks
or
Notaries
.
However
the
last
words
,
which
are
the
close
of
these
Grants
and
Patents
,
are
not
to
be
slighted
.
These
we
may
see
in
that
of
Cedwalla
,
King
of
the
South-Saxons
,
made
to
Theadore
Arch-Bishop
of
Canterbury
,
in
the
year
687.
thus
.
For
a
further
confirmation
of
my
grant
,
I
Cedwalla
have
laid
a
Turf
of
the
Land
aforesaid
upon
the
holy
Altar
of
my
Saviour
:
And
with
my
own
hand
,
being
ignorant
of
Letters
,
have
set
down
and
expressed
the
mark
or
sign
of
the
Holy
Cross.
Concerning
Withred
and
a
Turf
of
Land
in
Kent
,
Camden
has
the
same
thing
;
And
King
Ethelulph
is
said
to
have
offered
his
Patent
,
or
Deed
of
Gift
,
on
the
Altar
of
the
holy
Apostle
St.
Peter
.
For
a
conclusion
,
I
know
no
reason
why
I
may
not
set
underneath
,
the
Verses
of
an
old
Poet
,
wherein
he
hath
comprised
the
instrument
or
Grant
of
founding
an
Abby
,
which
Ethelbald
,
King
of
the
Mercians
,
gave
to
Kenulph
Abbot
of
Crowland
:
Verses
,
I
say
,
but
such
as
were
made
without
Apollo's
consent
or
knowledge
.
Istum
Kenulphum
si
quis
vexaverit
Anglus
,
Rex
condemno
mihi
cuncta
catella
sua
.
Inde
meis
Monachis
de
damnis
omnibus
ultrà
Vsque
satisfaciat
;
carcere
clausus
erit
.
Adsunt
ante
Deum
testes
hujus
dationis
Anglorum
proceres
Pontificesque
mei
.
Sanctus
*
Guthlacus
Confessor
&
Anachorita
Hic
jacet
,
in
cujus
auribus
ista
loqu●r
.
Oret
pro
nobis
sanctissimus
iste
Sacerdos
,
Ad
tumbam
cujus
haec
mea
don●
dedi
.
Which
in
Rhyme
dogrel
will
run
much
after
this
hobling
rate
.
If
any
English
vex
this
Kenulph
,
shall
I
King
condemn
to
me
his
Chattels
all
.
Thenceforth
,
until
my
Monks
he
satisfie
,
For
damages
,
in
Prison
he
shall
lye
.
Witnesses
of
this
Gift
here
in
Gods
fight
Are
English
Peers
and
Prelates
of
my
Right
▪
Saint
Guthlac
Confessor
and
Anchoret
,
Lies
here
,
in
whose
Ears
these
words
I
speak
yet
.
May
he
pray
for
us
that
most
holy
Priest
,
At
whose
Tomb
these
my
Gifts
I
have
addrest
.
Thus
they
closed
their
Donations
or
Grants
;
thus
we
our
Remarks
of
the
Saxons
,
being
now
to
pass
to
the
Normans
.
THE
SECOND
BOOK
OF
THE
ENGLISH
JANUS
.
From
the
NORMAN
Conquest
,
to
the
Death
of
King
Henry
II.
CHAP.
I.
William
the
Conquerour's
Title
.
He
bestows
Lands
upon
his
followers
,
and
brings
Bishops
and
Abbots
under
Military
Service
.
An
account
of
the
old
English
Laws
,
called
Merchenlage
,
Danelage
and
Westsaxen-lage
.
He
is
prevailed
upon
by
the
Barons
,
to
govern
according
to
King
Edward's
Laws
,
and
at
S.
Albans
takes
his
Oath
so
to
do
.
Yet
some
new
Laws
were
added
to
those
old
ones
.
WILLIAM
Duke
of
Normandy
upon
pretence
of
a
double
Right
,
both
that
of
Blood
(
inasmuch
as
Emme
the
Mother
of
Edward
the
Confessor
,
was
Daughter
to
Richard
the
first
Duke
of
the
Normans
)
and
withal
that
of
Adoption
,
having
in
Battel
worsted
Harald
the
Son
of
Godwin
Earl
of
Kent
,
obtain'd
a
large
Inheritance
,
and
took
possession
of
the
Royal
Government
over
all
England
.
After
his
Inauguration
he
liberally
bestowed
the
Lands
and
Estates
of
the
English
upon
his
fellow-soldiers
;
that
little
which
remained
(
so
saith
Matthew
Paris
)
he
put
under
the
yoke
of
a
perpetual
servitude
.
Upon
which
account
,
some
while
since
the
coming
in
of
the
Normans
,
there
was
not
in
England
except
the
King
himself
,
any
one
,
who
held
Land
by
right
of
Free-hold
(
as
they
term
it
:
)
since
in
sooth
one
may
well
call
all
others
to
a
man
only
Lords
in
trust
of
what
they
had
;
as
those
who
by
swearing
fealty
,
and
doing
homage
,
did
perpetually
own
and
acknowledge
a
Superior
Lord
,
of
whom
they
held
,
and
by
whom
they
were
invested
into
their
Estates
.
All
Bishopricks
and
Abbacies
,
which
held
Baronies
,
and
so
far
forth
had
freedom
from
all
Secular
service
(
the
fore-cited
Matthew
is
my
Author
)
he
brought
them
under
Military
service
,
enrolling
every
Bishoprick
and
Abbacy
according
to
his
own
pleasure
,
how
many
Souldiers
he
would
have
each
of
them
find
him
and
his
Successors
in
time
of
Hostility
or
War.
Having
thus
according
to
this
model
ordered
the
Agrarian
Law
for
the
division
and
settlement
of
Lands
,
he
resolved
to
govern
his
Subjects
(
we
have
it
from
Gervase
of
Tilbury
)
by
Laws
and
Ordinances
in
writing
:
to
which
purpose
he
proposed
also
the
English
Laws
according
to
their
Tripartite
or
threefold
distinction
;
that
is
to
say
,
Merchenlage
,
Danlage
and
Westsaxenlage
.
Merchenlage
,
that
is
,
the
Law
of
the
Mercians
;
which
was
in
force
in
the
Counties
of
Glocester
,
Worcester
,
Hereford
,
Warwick
,
Oxford
,
Chester
,
Salop
and
Stafford
.
Danlage
,
that
is
,
the
Law
of
the
Danes
;
which
bore
sway
in
Yorkshire
,
Derby
,
Nottingham
,
Leicester
,
Lincoln
,
Northampton
,
Bedford
,
Buckingham
,
Hertford
,
Essex
,
Middlesex
,
Norfolk
,
Suffolk
,
Cambridge
,
Huntingdon
.
Westsaxenlage
,
that
is
,
the
Law
of
the
West-Saxons
;
to
which
all
the
rest
of
the
thirty
two
Counties
(
which
are
all
that
Malmesbury
reckons
up
in
Ethelred's
time
)
did
belong
;
to
wit
,
Kent
,
Sussex
,
Surrey
,
Berks
,
Southampton
,
Winton
,
Somerset
,
Dorset
and
Devon.
Some
of
these
English
Laws
he
disliked
and
laid
aside
;
others
he
approved
of
,
and
added
to
them
,
some
from
beyond
Sea
out
of
Neustria
(
he
means
Normandy
,
which
they
did
of
old
,
term
Neustria
corruptly
,
instead
of
Westrich
,
as
being
the
more
Western
Kingdom
of
the
Franks
,
and
given
by
Charles
the
Simple
to
Rollo
for
his
Daughter
Gilla
her
portion
)
such
of
them
as
seemed
most
effectual
for
the
preserving
of
the
Kingdoms
peace
.
This
saith
he
of
Tilbury
.
Now
this
is
no
rare
thing
among
Writers
for
them
to
devise
,
that
William
the
Conqueror
brought
in
as
it
were
a
clear
new
face
of
Laws
to
all
intents
and
purposes
.
'T
is
true
,
this
must
be
acknowledg'd
,
that
he
did
make
some
new
ones
(
part
whereof
you
may
see
in
Lambard's
Archaeonomia
,
and
part
of
them
here
subjoyned
)
but
so
however
that
they
take
their
denomination
from
the
English
,
rather
than
from
the
Normans
;
although
one
may
truly
say
,
according
to
what
Lawyers
dispute
,
that
the
English
Empire
and
Government
was
overthrown
by
him
.
That
he
did
more
especially
affect
the
Laws
of
the
Danes
(
which
were
not
much
unlike
to
those
of
the
Norwegians
,
to
whom
William
was
by
his
Grand-father
allied
in
blood
)
I
read
in
the
Annals
of
Roger
Hoveden
.
And
that
he
openly
declared
,
that
he
would
rule
by
them
;
at
hearing
of
which
,
all
the
great
men
of
the
Countrey
,
who
had
enacted
the
English
Laws
,
were
presently
struck
into
dumps
,
and
did
unanimously
petition
him
,
That
he
would
permit
them
to
have
their
own
Laws
and
ancient
Customs
;
in
which
their
Fathers
had
lived
,
and
they
themselves
had
been
born
and
bred
up
in
;
forasmuch
as
it
would
be
very
hard
for
them
to
take
up
Laws
that
they
knew
not
,
and
to
give
judgement
according
to
them
.
But
the
King
appearing
unwilling
and
uneasie
to
be
moved
,
they
at
length
prosecuted
their
purpose
,
beseeching
him
,
that
for
the
Soul
of
King
Edward
,
who
had
after
his
death
given
up
the
Crown
and
Kingdom
to
him
▪
and
whose
the
Laws
were
,
and
not
any
others
that
were
strangers
,
he
would
hearken
to
them
and
grant
that
they
might
continue
under
their
own
Countrey
Laws
.
Whereupon
calling
a
Council
,
he
did
at
the
last
yield
to
the
request
of
the
Barons
.
From
that
day
forward
therefore
the
Laws
of
King
Edward
,
which
had
before
been
made
and
appointed
by
his
Grand-father
Adgar
,
seeing
their
authority
,
were
before
the
rest
of
the
Laws
of
the
Countrey
respected
,
confirmed
and
observed
all
over
England
.
But
what
then
?
Doth
it
follow
that
all
things
in
William's
time
were
new
?
How
can
a
man
chuse
but
believe
it
?
The
Abbot
of
Crowland
sayes
this
of
it
,
I
have
brought
with
me
from
London
into
my
Monastery
the
Laws
of
the
most
Righteous
King
Edward
,
which
my
Renowned
Lord
King
William
hath
by
Proclamation
ordered
,
under
most
grievous
penalties
,
to
be
authentick
and
perpetual
,
to
be
kept
inviolably
throughout
the
whole
Kingdom
of
England
,
and
hath
recommended
them
to
his
Justices
,
in
the
same
language
wherein
they
were
at
first
set
forth
and
published
.
And
in
the
Life
of
Fretherick
Abbot
of
S.
Albans
you
have
this
account
:
After
many
debates
,
Arch-Bishop
Lanfrank
being
then
present
(
at
Berkhamstead
in
Hartfordshire
)
the
King
did
for
the
good
of
peace
,
take
his
Oath
upon
all
the
Reliques
of
the
Church
of
S.
Alban
,
and
by
touching
the
holy
Gospels
,
Fretherick
the
Abbot
administring
the
Oath
,
that
he
would
inviolably
observe
the
good
and
approved
ancient
Laws
of
the
Kingdom
,
which
the
holy
and
pious
Kings
of
England
his
Predecessors
,
and
especially
King
Edward
had
appointed
.
But
you
will
much
more
wonder
at
that
passage
of
William
le
Rouille
of
Alençon
in
his
Preface
to
the
Norman
Customs
.
That
vulgar
Chronicle
,
saith
he
,
which
is
intitled
the
Chronicle
of
Chronicles
,
bears
witness
,
that
S.
Edward
King
of
England
,
was
the
Maker
or
Founder
of
this
Custom
;
where
he
speaks
of
William
the
Bastard
Duke
of
Normandy
,
alias
King
of
England
,
saying
,
that
whereas
the
foresaid
S.
Edward
had
no
Heirs
of
his
own
Body
,
he
made
William
Heir
of
the
Kingdom
,
who
after
the
Defeat
and
Death
of
Harald
the
Usurper
of
the
Kingdom
,
did
freely
obtain
and
enjoy
the
Kingdom
upon
this
condition
,
to
wit
,
that
he
would
keep
the
Laws
which
had
before
been
made
by
the
fore-mentioned
Edward
;
which
Edward
truly
had
also
given
Laws
to
the
Normans
,
as
having
been
a
long
time
also
brought
up
himself
in
Normandy
.
Where
then
,
I
pray
you
,
is
the
making
of
new
Laws
?
Why
!
without
doubt
,
according
to
Tilbury
,
we
are
to
think
,
that
together
with
the
ratifying
of
old
Laws
,
there
was
mingled
the
making
of
some
new
ones
:
and
in
this
case
one
may
say
truly
with
the
Poet
in
his
Panegyrick
:
Firmatur
senium
Juris
,
priscamque
resumunt
Canitiem
leges
,
emendanturque
vetustae
,
Acceduntque
novae
.
—
which
in
English
speaks
to
this
sense
;
The
Laws
old
age
stands
firm
by
Royal
care
,
Statutes
resume
their
ancient
gray
hair
.
Old
ones
are
mended
with
a
fresh
repair
;
And
for
supply
some
new
ones
added
are
.
See
here
!
we
impart
unto
thee
,
Reader
,
these
new
Laws
,
with
other
things
,
which
thou
maist
justly
look
for
at
my
hands
in
this
place
.
CHAP.
II.
The
whole
Country
inrolled
in
Dooms-day
Book
.
Why
that
Book
so
called
.
Robert
of
Glocester's
Verses
to
prove
it
.
The
Original
of
Charters
and
Seals
from
the
Normans
,
practised
of
old
among
the
French.
Who
among
the
Romans
had
the
priviledge
of
using
Rings
to
seal
with
,
and
who
not
.
1.
HE
caused
all
England
to
be
described
,
and
inrolled
(
a
whole
company
of
Monks
are
of
equal
authority
in
this
business
,
but
we
make
use
of
Florentius
of
Worcester
for
our
witness
at
this
time
)
how
much
Land
every
one
of
his
Barons
was
possessed
of
,
how
many
Soldiers
in
fee
,
how
many
Ploughs
,
how
many
Villains
,
how
many
living
Creatures
or
Cattel
,
I
,
and
how
much
ready
mony
every
one
was
Master
of
throughout
all
his
Kingdom
,
from
the
greatest
to
the
least
;
and
how
much
Revenue
or
Rent
every
Possession
or
Estate
was
able
to
yield
.
That
breviary
or
Present
State
of
the
Kingdom
being
lodged
in
the
Archives
for
the
generality
of
it
,
containing
intirely
all
the
Tenements
or
Tenures
of
the
whole
Country
or
Land
was
called
Dooms-day
,
as
if
one
would
say
,
The
day
of
Doom
or
Judgment
.
For
this
reason
,
saith
he
of
Tilbury
,
we
call
the
same
Dooms-day
Book
:
Not
that
there
is
in
it
sentence
given
concerning
any
doubtful
cases
proposed
;
but
because
it
is
not
lawful
upon
any
account
,
to
depart
from
the
Doom
or
Judgment
aforesaid
.
Reader
,
If
it
will
not
make
thy
nice
Stomach
wamble
,
let
me
bring
in
here
an
old
fashioned
Rhyme
,
which
will
hardly
go
down
with
our
dainty
finical
Verse-wrights
,
of
an
historical
Poet
Robert
of
Glocester
:
One
whom
,
for
his
Antiquity
,
I
must
not
slight
concerning
this
Book
.
The
K.
W.
vor
to
wite
the
worth
of
his
londe
Let
enqueri
streitliche
thoru
al
Engelonde
,
Hou
moni
plou
lond
,
and
hou
moni
hiden
also
Were
in
everich
sire
,
and
wat
hii
were
wurth
yereto
:
And
the
rents
of
each
toun
,
and
of
the
waters
echone
,
That
wurth
,
and
of
woods
eke
,
that
there
ne
bileved
none
,
But
that
he
wist
wat
hii
were
wurth
of
al
Engelonde
,
And
wite
al
clene
that
wurth
thereof
ich
understond
And
let
it
write
clene
inou
,
and
that
scrit
dude
iwis
In
the
Tresorie
at
Westminster
there
it
yut
is
.
So
that
vre
Kings
suth
,
when
hii
ransome
toke
And
redy
wat
folc
might
give
,
hii
fond
there
in
yor
boke
.
Considering
how
the
English
Language
is
every
day
more
and
more
refined
,
this
is
but
a
rude
piece
,
and
looks
scurvily
enough
.
But
yet
let
us
not
be
unmindful
neither
,
that
even
the
fine
trim
artifices
of
our
quaint
Masters
of
Expression
,
will
themselves
perhaps
one
day
,
in
future
Ages
,
that
shall
be
more
critical
,
run
the
same
risk
of
censure
,
and
undergo
the
like
misfortune
:
And
that
,
Multa
renascentur
quae
nunc
cecidere
,
cadentque
Quae
nunc
sunt
in
honore
;
—
As
Horace
the
Poet
born
at
Venusium
,
tells
us
:
That
is
,
Several
words
which
now
are
fal'n
full
low
,
Shall
up
again
to
place
of
Honour
start
;
And
words
that
now
in
great
esteem
,
I
trow
,
Are
held
,
shall
shortly
with
their
honour
part
.
2.
The
Normans
called
their
Writings
given
under
their
hand
,
Charters
(
I
speak
this
out
of
Ingulph
)
and
they
ordered
the
confirmation
of
such
Charters
with
an
impression
of
Wax
,
by
every
ones
particular
Seal
,
under
the
Testimony
and
Subscription
of
three
or
four
Witnesses
standing
by
.
But
Edward
the
Confessor
had
also
his
Seal
,
though
that
too
from
Normandy
.
For
in
his
time
,
as
the
same
Writer
saith
,
Many
of
the
English
began
to
let
slip
and
lay
aside
the
English
Fashions
,
bringing
in
those
of
the
Normans
in
their
stead
,
and
in
many
things
to
follow
the
customs
of
the
Franks
;
all
great
persons
to
speak
the
French
Tongue
in
their
Courts
,
looking
upon
it
as
a
great
piece
of
gentility
,
to
make
their
Charters
and
Writings
alamode
of
France
;
and
to
be
ashamed
of
their
own
Country
usages
in
these
and
other
like
cases
.
Nay
,
and
if
Leland
,
an
Eye-witness
,
may
be
believed
,
our
great
Prince
Arthur
had
his
Seal
also
,
which
he
saith
he
saw
in
the
Church
of
Westminster
with
this
very
inscription
.
PATRITIUS
.
ARTHURIUS
.
BRITANNIAE
.
GALLIAE
.
GERMANIAE
.
DACIAE
.
IMPERATOR
.
That
is
,
The
Right
Noble
,
ARTHUR
,
Emperor
of
Britanny
,
France
,
Germany
,
and
Transylvania
.
But
that
the
Saxons
had
this
from
the
Normans
,
is
a
thing
out
of
all
question
.
Their
Grants
or
Letters
Patents
signed
with
Crosses
,
and
subscribed
with
Witnesses
names
,
do
give
an
undoubted
credit
and
assurance
to
what
I
have
said
.
John
Ross
informs
us
that
Henry
Beauclerk
was
the
first
that
made
use
of
one
of
Wax
;
and
Matthew
of
Canterbury
,
that
Edward
the
first
did
first
hang
it
at
the
bottom
of
his
Royal
Writings
by
way
of
Label
;
whereas
before
,
his
Predecessors
fastned
it
to
the
left
side
.
Such
a
writing
of
Henry
the
first
in
favour
of
Anselm
,
the
last
Author
makes
mention
of
;
and
such
an
one
of
William's
Duke
of
the
Normans
,
though
a
very
short
one
and
very
small
written
;
Brian-Twine
in
his
Apology
for
the
Antiquity
of
the
famous
University
of
Oxford
(
the
great
Study
and
support
of
England
,
and
my
ever
highly
honoured
Mother
)
saith
,
he
had
seen
in
the
Library
of
the
Right
Honourable
my
Lord
Lumley
.
But
let
a
circumcised
Jew
,
or
who
else
will
for
me
,
believe
that
story
concerning
the
first
Seal
of
Wax
,
and
the
first
fastning
of
it
to
the
Writing
:
A
great
many
waxen
ones
of
the
French
Peers
(
that
I
may
say
something
of
those
in
wax
)
and
Golden
ones
of
their
Kings
(
to
wit
,
betwixt
the
years
600
and
700
)
we
meet
with
fashioned
like
Scutcheons
or
Coats
of
Arms
in
those
Patterns
or
Copies
which
Francis
de
Rosieres
has
in
his
first
Tome
of
the
Pedigree
or
Blazonry
of
the
Dukes
of
Lorain
,
set
down
by
way
of
Preface
.
Nor
was
it
possible
that
the
Normans
should
not
have
that
in
use
,
which
had
been
so
anciently
practised
by
the
French.
Let
me
add
this
out
of
the
ancient
Register
of
Abendon
:
That
Richard
Earl
of
Chester
(
who
flourished
in
the
time
of
Henry
the
first
)
ordered
to
sign
a
certain
Writing
with
the
Seal
of
his
Mother
Ermentrude
;
seeing
that
(
being
not
girt
with
a
Soldiers
Belt
,
i.
e.
not
yet
made
Knight
)
all
sorts
of
Letters
directed
by
him
,
were
inclosed
with
his
Mothers
Seal
.
How
?
what
is
that
I
hear
?
Had
the
Knightly
dignity
and
Order
the
singular
priviledge
,
as
it
was
once
at
Rome
,
to
wear
Gold-Rings
?
For
Rings
(
as
't
is
related
out
of
Ateius
Capito
)
were
especially
designed
and
ingraven
for
Seals
:
Let
Phoebus
,
who
knows
all
things
,
out
of
his
Oracle
tell
us
.
For
Servants
or
Slaves
(
so
says
Justus
Lipsius
,
and
remarks
it
from
those
that
had
been
dug
up
in
Holland
)
and
common
Soldiers
were
allowed
iron
ones
to
sign
or
to
seal
with
(
which
therefore
Flavius
Vopiscus
calls
annulos
sigillaricios
,
i.
e.
seal-Rings
)
and
so
your
ordinary
Masters
of
Families
had
such
,
with
a
Key
hanging
at
it
to
seal
and
lock
up
their
provision
and
utensils
.
But
,
saith
Ateius
of
the
ancient
time
,
Neither
was
it
lawful
to
have
more
than
one
Ring
,
nor
for
any
one
to
have
one
neither
but
for
Freemen
,
whom
alone
trust
might
become
,
which
is
preserved
under
Seal
;
and
therefore
the
Servants
of
a
Family
had
not
the
Right
and
Priviledge
of
Rings
.
I
come
home
to
our selves
now
.
CHAP.
III.
Other
ways
of
granting
and
conveying
Estates
,
by
a
Sword
,
&c.
particularly
by
a
Horn.
Godwin's
trick
to
get
Boseham
of
the
Arch-Bishop
of
Canterbury
.
Pleadings
in
French.
The
French
Language
and
Hand
when
came
in
fashion
.
Coverfeu
.
Laws
against
taking
of
Deer
,
against
Murder
,
against
Rape
.
3.
AT
first
many
Lands
and
Estates
were
collated
or
bestowed
by
bare
word
of
mouth
,
without
Writing
or
Charter
,
only
with
the
Lords
Sword
or
Helmet
,
or
a
Horn
or
a
Cup
;
and
very
many
Tenements
with
a
Spur
,
with
a
Currycomb
,
with
a
Bow
,
and
some
with
an
Arrow
:
But
these
things
were
in
the
beginning
of
the
Norman
Reign
,
in
after
times
this
fashion
was
altered
,
says
Ingulph
.
I
,
and
these
things
were
before
the
Normans
Government
.
Let
King
Edgar
his
Staff
cut
in
the
middle
,
and
given
to
Glastenbury
Abbey
for
a
testimony
of
his
Grant
,
be
also
here
for
a
testimony
.
And
our
Antiquary
has
it
of
Pusey
in
Berkshire
,
That
those
who
go
by
the
name
of
Pusey
do
still
hold
by
a
Horn
,
which
heretofore
had
been
bestowed
upon
their
Ancestors
by
Knute
the
Danish
King.
In
like
manner
,
to
the
same
purpose
an
old
Book
tells
this
story
:
That
one
Vlphus
the
Son
of
Toraldus
,
turned
aside
into
York
,
and
filled
the
Horn
that
he
was
used
to
drink
out
of
,
with
Wine
;
and
before
the
Altar
upon
his
bended
knees
,
drinking
it
,
gave
away
to
God
and
to
St.
Peter
,
the
Prince
of
the
Apostles
,
all
his
Lands
and
Revenues
.
Which
Horn
of
his
,
saith
Camden
,
we
have
been
told
was
kept
or
reserved
down
to
our
Fathers
memory
.
We
may
see
the
conveyance
of
Estate
,
how
easie
it
was
in
those
days
,
and
clear
from
the
punctilio's
of
Law
,
and
withal
how
free
from
the
captious
malice
of
those
petty-foggers
who
would
intangle
Titles
and
find
flaws
in
them
,
and
from
the
swelling
Bundles
and
Rolls
of
Parchments
now
in
use
.
But
commend
me
to
Godwin
Earl
of
Kent
,
who
was
,
to
use
H●gesander's
word
,
too
great
a
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
catcher
at
Syllables
,
and
as
the
Comedian
says
,
more
shifting
than
a
Potters
wheel
:
Give
me
(
saith
he
to
the
Arch-Bishop
of
Canterbury
)
Boseham
.
The
Arch-Bishop
admiring
what
it
was
he
would
be
at
in
that
question
,
saith
,
I
give
you
Boseham
.
He
straight
upon
the
confidence
of
this
deceit
,
without
any
more
ado
entred
upon
an
Estate
of
the
Arch
Bishops
of
that
name
on
the
Sea-coasts
of
Sussex
,
as
if
it
had
been
his
own
by
Inheritance
:
And
with
the
testimony
of
his
people
about
him
,
spoke
of
the
Arch-Bishop
before
the
King
as
the
donor
of
it
,
and
quietly
enjoyed
it
.
Those
things
I
spoke
of
before
(
to
wit
,
of
Sword
,
Horn
,
&c.
)
smell
of
that
way
of
investing
into
Fees
which
we
meet
with
in
Obertus
de
Orto
;
but
are
very
unlike
to
that
solemn
ceremony
which
is
from
ancient
time
even
still
used
in
conveying
of
an
Estate
and
delivering
possession
,
wherein
a
green
Turf
or
the
bough
of
a
growing
Tree
is
required
.
4.
They
did
so
much
abhor
the
English
tongue
(
't
is
the
Abbot
of
Crowland
saith
it
)
that
the
Laws
of
the
Land
,
and
the
Statutes
of
the
English
Kings
,
were
handled
or
pleaded
in
the
French
language
.
For
till
the
thirty
sixth
year
of
Edward
the
third
,
all
businesses
of
Law
were
pleaded
in
French.
That
also
in
Schools
the
Rudiments
of
Grammatical
Institution
,
were
delivered
to
Boys
in
French
and
not
in
English.
Also
that
the
English
way
and
manner
of
Writing
was
laid
aside
,
and
the
French
mode
was
made
use
of
in
all
Charters
or
Instruments
and
Books
.
Indeed
it
was
such
a
fault
to
be
ignorant
in
the
French
,
or
not
to
be
able
to
speak
it
;
that
mainly
upon
this
account
,
in
the
Reign
of
William
Rufus
,
Vlstan
Bishop
of
Worcester
was
censured
as
unworthy
of
his
place
,
and
deprived
of
his
dignity
,
who
as
to
other
things
according
to
the
simplicity
of
that
Age
,
was
Scholar
enough
.
The
Abbot
whom
I
quoted
,
speaks
thus
of
the
French
Character
:
The
Saxon
hand
was
used
by
all
the
Saxons
and
Mercians
in
all
their
hand-writings
,
till
the
time
of
King
Alfred
,
who
had
by
French
Tutors
been
very
well
trained
up
in
all
Literature
;
but
from
the
time
of
the
said
King
,
it
did
by
disuse
come
to
be
of
little
account
;
and
the
French
hand
,
because
it
being
more
legible
and
more
delightful
to
sight
,
had
the
preheminence
,
grew
more
and
more
every
day
in
vogue
and
use
among
all
the
English.
Nevertheless
however
this
business
went
,
we
are
told
that
in
the
memory
of
our
Fathers
,
and
that
by
an
ancient
order
,
there
were
Lectures
of
the
English-Saxon
language
,
read
at
Tavistock
Abby
in
Devonshire
.
5.
That
his
new
Kingdom
might
not
be
disturbed
by
Riots
and
disorders
in
the
night
,
he
ordered
that
at
the
Ringing
of
a
Bell
(
which
they
called
the
Curfew-Bell
)
all
the
Lights
and
Fires
should
in
every
little
Cottage
,
a
little
after
the
dusk
of
the
Evening
,
be
put
out
.
6.
He
that
should
take
a
Deer
,
or
aprum
,
a
Boar
(
so
says
Huntingdon
,
but
perhaps
't
is
caprum
,
a
Buck
)
or
a
Roe
,
was
to
have
his
eyes
thrust
or
plucked
out
,
saith
Matthew
Paris
.
7.
If
any
one
had
slain
any
one
(
't
is
Huntingdon
writes
this
)
be
it
upon
what
cause
or
occasion
soever
,
he
was
sentenced
to
a
Capital
punishment
,
he
was
to
die
for
it
8.
If
one
had
forced
any
woman
(
so
I
read
aliquam
any
woman
,
not
aliquem
any
man
,
as
't
is
in
the
common
Prints
)
he
was
to
have
his
Privities
cut
off
.
Forced
her
?
I
,
sure
enough
;
and
perhaps
he
that
lay
with
a
woman
with
her
consent
,
was
notwithstanding
that
,
served
in
the
same
kind
too
.
And
in
this
case
I
would
have
you
hear
what
that
great
Lawyer
Albericus
Gentilis
,
his
opinion
is
.
This
I
say
,
saith
he
,
that
a
man
hath
a
greater
injury
done
him
,
if
the
woman
were
not
ravished
per
force
,
but
were
debauched
and
made
willing
:
because
in
this
case
her
mind
is
estranged
from
her
Husband
;
but
in
that
other
,
not
.
CHAP.
IV.
Sheriffs
and
Ihries
were
before
this
time
.
Tha
four
Terms
.
Judges
to
Act
without
Appeal
.
Justices
of
Peace
.
The
Kingr
payments
made
at
first
in
Provisions
.
Afterwards
ehanged
into
Mony
,
which
the
Sheriff
of
each
County
was
to
pay
in
to
the
Exchequer
.
The
Constable
of
Dover
and
Warder
of
the
Cinque
Ports
why
made
.
A
disorder
in
Church-affairs
Reformed
.
POlydore
Virgil
brings
in
at
this
time
the
first
Sheriffs
of
Counties
,
and
here
places
the
beginning
of
Juries
,
or
determining
of
Tryals
by
the
judgment
of
Twelve
;
but
is
out
in
them
both
.
This
of
Juries
is
convinced
by
a
Law
of
Ethelred
in
Lambard's
explications
of
Law-terms
,
and
by
those
irrefragable
arguments
which
the
famous
Sir
Edward
Coke
brings
against
it
.
That
other
mistake
of
Sheriffs
is
confuted
by
what
we
have
formerly
noted
out
of
Ingulph
,
and
by
what
we
shall
hereafter
somewhere
have
occasion
to
remark
.
Mars
being
impleaded
in
the
Areopagus
,
the
place
of
Judgment
at
Athens
,
for
the
murder
of
Halirothius
the
Son
of
Neptune
,
whom
he
had
slain
for
Ravishing
his
Daughter
Alcippa
;
upon
his
Tryal
by
twelve
Gods
,
was
acquitted
by
six
Sentences
or
Votes
:
For
if
the
number
were
equal
and
no
majority
,
the
Person
was
not
condemned
but
discharged
.
My
meaning
why
I
put
in
this
Story
,
is
to
shew
the
most
ancient
use
of
this
number
of
twelve
in
Tryals
elsewhere
,
as
well
as
amongst
us
.
An
Italian
might
well
mistake
in
a
concern
of
England
;
yet
take
it
not
ill
at
my
hands
,
that
I
have
given
you
this
upon
his
credit
.
9.
He
appointed
that
four
times
every
year
,
there
should
be
kept
Conventions
or
Meetings
for
several
days
,
in
such
place
as
he
himself
should
give
order
:
In
which
Meetings
the
Judges
sitting
apart
by
themselves
,
should
keep
Court
and
do
Justice
.
These
are
our
four
Tserms
.
10.
He
appointed
other
Judges
,
who
without
appeal
should
exercise
Jurisdiction
and
Judgment
;
from
whom
as
from
the
bosom
of
the
Prince
,
all
that
were
ingaged
in
quarrels
,
addressing
thither
,
might
have
right
done
them
,
and
refer
their
controverlies
to
them
.
11.
He
appointed
other
Rulers
or
Magistrates
,
who
might
take
care
to
see
misdemeanors
punished
;
these
he
called
Justices
of
Peace
.
Now
one
may
well
imagine
,
that
this
name
of
Office
is
most
certainly
of
a
later
date
,
and
a
foreign
Writer
is
to
be
excused
by
those
rights
which
are
afforded
to
Guests
and
Strangers
(
since
acting
a
Busiris
his
part
against
them
,
would
be
downright
barbarous
)
I
say
he
is
to
be
excused
so
far
,
as
not
to
have
his
mistakes
in
the
History
of
the
English
Nation
,
too
heavily
charged
upon
him
.
12.
In
the
Primitive
State
of
the
Kingdom
after
the
Conquest
(
Gervase
of
Tilbury
in
his
Dialogue
of
the
Exchequer
,
saith
,
this
is
a
thing
handled
down
from
our
Forefathers
)
the
Kings
had
payments
made
them
out
of
their
Lands
,
not
in
sums
of
Gold
or
Silver
,
but
only
in
Victuals
or
Provisions
:
Out
of
which
the
Kings
house
was
supplied
with
necessaries
for
daily
use
;
and
they
who
were
deputed
to
this
service
(
the
Purveyors
)
knew
what
quantity
arose
from
each
several
land
.
But
yet
as
to
Soldiers
pay
or
donatives
,
and
for
other
necessaries
concerning
the
Pleas
of
the
Kingdom
,
or
Conventions
,
as
also
from
Cities
and
Castles
where
they
did
not
exercise
Husbandry
or
Tillage
;
in
such
instances
,
payments
were
made
in
ready
mony
.
Wherefore
this
Institution
lasted
all
the
time
of
William
the
First
,
to
the
time
of
King
Henry
his
Son
,
so
that
I
my self
(
Gervase
flourished
in
the
Reign
of
Henry
the
second
)
have
seen
some
people
,
who
did
at
set
times
carry
from
the
Kings
Lands
,
victuals
or
provisions
of
food
to
Court.
And
the
Officers
also
of
the
Kings
house
knew
very
well
,
having
it
upon
account
,
which
Counties
were
to
send
in
Wheat
,
which
to
send
in
several
sorts
of
flesh
,
and
Provender
for
the
Horses
.
These
things
being
paid
according
to
the
appointed
manner
and
proportion
of
every
thing
,
the
Kings
Officers
reckoned
to
the
Sheriffs
by
reducing
it
into
a
sum
of
pence
;
to
wit
,
for
a
measure
of
Wheat
to
make
bread
for
a
hundred
men
,
one
shilling
;
for
the
body
of
a
pasture-fed
Beef
,
one
shilling
;
for
a
Ram
or
a
Sheep
four
pence
;
for
the
allowance
of
twenty
horses
likewise
four
pence
:
But
in
process
of
time
,
when
as
the
said
King
was
busie
in
remote
parts
beyond
Sea
to
appease
Tumults
and
Insurrections
;
it
so
happened
,
that
ready
mony
was
highly
necessary
for
him
to
supply
his
occasions
.
In
the
mean
time
,
there
came
in
multitudes
,
a
great
company
of
Husbandmen
with
complaints
to
the
Kings
Court
,
or
which
troubled
him
more
,
they
frequently
came
in
his
way
as
he
was
passing
by
,
holding
up
their
Ploughshares
,
in
token
that
their
Husbandry
was
running
to
decay
;
for
they
were
put
to
a
world
of
trouble
,
upon
occasion
of
the
provisions
which
they
carried
from
their
own
quarters
through
several
parts
of
the
Kingdom
.
Thereupon
the
King
being
moved
with
their
complaints
,
did
by
the
resolved
advice
of
his
Lords
,
appoint
throughout
the
Kingdom
such
persons
,
as
he
knew
were
,
for
their
prudence
and
discretion
,
fit
for
the
service
.
These
persons
going
about
,
and
that
they
might
believe
their
own
eyes
,
taking
a
view
of
the
several
Lands
,
having
made
an
estimate
of
the
provisions
which
were
paid
out
of
them
,
they
reduced
it
into
a
sum
of
pence
.
But
for
the
total
sum
,
which
arose
out
of
all
the
Lands
in
one
County
,
they
ordered
,
that
the
Sheriff
of
that
County
should
be
bound
to
the
Exchequer
:
Adding
this
withal
,
that
he
should
pay
it
at
the
Scale
.
Now
the
manner
of
paying
,
the
tryal
of
the
weight
and
of
the
metal
by
Chymical
operation
,
the
Melter
or
Coyner
,
and
the
surveyor
of
the
Mint
,
are
more
largely
handled
and
explained
by
my self
in
some
other
work
of
mine
.
13.
That
he
might
the
more
firmly
retain
Kent
to
himself
,
that
being
accounted
as
it
were
the
Key
of
England
;
(
't
is
the
famous
Mr.
Camden
tells
the
Story
)
he
set
a
Constable
over
Dover-Castle
,
and
made
the
same
person
Warden
of
the
Cinque
Ports
,
according
to
the
old
usage
of
the
Romans
.
Those
are
Hastings
,
Dover
,
Hith
,
Rumney
,
and
Sandwich
;
to
which
are
joyned
Winchelsey
and
Rye
as
Principals
,
and
other
little
Towns
as
Members
.
14.
To
put
the
last
hand
to
William
,
I
add
out
of
the
Archives
,
this
Law
,
not
to
be
accounted
among
the
last
or
least
of
his
.
William
,
by
the
Grace
of
God
,
King
of
the
English
,
to
all
Counts
or
Earls
,
Viscounts
or
Sheriffs
,
and
to
all
French
born
,
and
English
men
,
who
have
Lands
in
the
Bishoprick
of
Remigius
,
greeting
.
This
Remigius
was
the
first
who
translated
the
Episcopal
See
from
Dorchester
to
Lincoln
.
Be
it
known
unto
you
all
,
and
the
rest
of
my
Liege
Subjects
,
who
abide
in
England
;
that
I
,
by
the
common
advice
of
my
Arch-Bishops
,
and
the
rest
of
the
Bishops
and
Abbots
,
and
all
the
Princes
of
my
Kingdom
,
have
thought
fit
to
order
the
amendment
of
the
Episcopal
Laws
,
which
have
been
down
to
my
time
,
in
the
Kingdom
of
the
Angles
,
not
well
,
nor
according
to
the
Precepts
of
the
holy
Canons
,
ordained
or
administred
:
Wherefore
I
do
command
,
and
by
my
Royal
Authority
strictly
charge
;
that
no
Bishop
or
Arch-deacon
,
do
henceforth
hold
Pleas
in
the
Hundred
concerning
Episcopal
Laws
;
nor
bring
any
cause
which
belongs
to
the
Government
of
Souls
(
i.
e.
to
spiritual
affairs
)
to
the
judgment
of
secular
men
;
but
that
whosoever
,
according
to
the
Episcopal
Laws
,
shall
for
what
cause
or
fault
soever
be
summoned
,
shall
come
to
a
place
which
the
Bishop
shall
chuse
and
name
for
this
purpose
;
and
there
make
answer
concerning
his
cause
,
and
do
right
to
God
and
his
Bishop
,
not
according
to
the
Hundred
,
but
according
to
the
Canons
and
Episcopal
Laws
.
For
in
the
time
of
the
Saxon
Empire
,
there
were
wont
to
be
present
at
those
Country
Meetings
(
the
Hundred
Courts
)
an
Alderman
and
a
Bishop
,
the
one
for
Spirituals
,
the
other
for
Temporals
,
as
appears
by
King
Edgar's
Laws
.
CHAP.
V.
William
Rufus
succeeds
.
Annats
now
paid
to
the
King.
Why
claimed
by
the
Pope
.
No
one
to
go
out
of
the
Land
without
leave
.
Hunting
of
Deer
made
Felony
.
AFter
the
death
of
William
,
his
second
Son
WILLIAM
sirnamed
RVFVS
succeeded
in
his
room
.
All
Justice
of
Laws
(
as
Florentius
of
Worcester
tells
us
)
was
now
husht
in
silence
,
and
Causes
being
put
under
a
Vacation
without
hearing
,
money
alone
bore
sway
among
the
great
ones
,
Ipsaque
majestas
auro
corrupta
jacebat
.
that
is
,
And
Majesty
it self
being
brib'd
with
gold
,
Lay
,
as
a
prostitute
,
expos'd
to
th'
hold
.
15.
The
right
or
duty
of
First-Fruits
,
or
,
as
they
are
commonly
called
,
the
Annats
,
which
our
Kings
claimed
from
vacant
Abbies
and
Bishopricks
,
Polydor
Virgil
will
have
to
have
had
its
first
original
from
Rufus
.
Now
the
Popes
of
Rome
laid
claim
to
them
anciently
;
a
sort
of
Tribute
,
which
upon
what
right
it
was
grounded
,
the
Council
of
Basil
will
inform
us
,
and
by
what
opinion
and
resolution
of
Divines
and
Lawyers
confirmed
,
Francis
Duarenus
in
his
Sacred
Offices
of
the
Church
will
instruct
us
.
'T
is
certain
,
that
Chronologers
make
mention
,
that
at
his
death
the
Bishopricks
of
Canterbury
,
Winchester
and
Salisbury
,
and
twelve
Monasteries
beside
,
being
without
Prelates
and
Abbots
,
paid
in
their
Revenues
to
the
Exchequer
.
16.
He
forbad
by
publick
Edict
or
Proclamation
(
sayes
the
same
Author
)
that
any
one
should
go
out
of
England
without
his
leave
and
Passport
.
We
read
,
that
he
forbad
Anselm
the
Arch-Bishop
,
that
he
should
not
go
to
wait
upon
Pope
Vrban
;
but
that
he
comprehended
all
Subjects
whatsoever
in
this
his
Royal
order
,
I
confess
I
have
not
met
with
any
where
in
my
reading
,
but
in
Polydor.
17.
He
did
so
severely
forbid
hunting
of
Deer
(
saith
William
of
Malmesbury
)
that
it
was
Felony
,
and
a
hanging
matter
to
have
taken
a
Stag
or
Buck.
CHAP.
VI.
Henry
the
First
why
called
Beauclerk
.
His
Letters
of
Repeal
.
An
Order
for
the
Relief
of
Lands
.
What
a
Hereot
was
.
Of
the
Marriage
of
the
Kings
Homagers
Daughter
,
&c.
Of
an
Orphans
Marriage
.
Of
the
Widows
Dowry
.
Of
other
Homagers
the
like
.
Coynage-money
remitted
.
Of
the
disposal
of
Estates
.
The
Goods
of
those
that
dye
Intestate
,
now
and
long
since
,
in
the
Churches
Jurisdiction
;
as
also
the
business
of
Wills.
Of
Forfeitures
.
Of
Misdemeanors
.
Of
Forests
.
Of
the
Fee
de
Hanberk
.
King
Edward's
Law
restored
.
WIlliam
,
who
had
by
direful
Fates
been
shewn
to
the
World
,
was
followed
by
his
Brother
Henry
,
who
for
his
singular
Learning
,
which
was
to
him
instead
of
a
Royal
Name
,
was
called
Beau-clerk
.
He
took
care
of
the
Common-wealth
,
by
amending
and
making
good
what
had
slipt
far
aside
from
the
bounds
of
Justice
,
and
by
softning
with
wholsome
remedies
those
new
unheard
of
,
and
most
grievous
injuries
,
which
Ralph
afterwards
Bishop
of
Durham
(
being
Lord
Chief
Justice
of
the
whole
Kingdom
)
plagued
the
people
with
.
He
sends
Letters
of
Repeal
to
the
High
Sheriffs
,
to
the
intent
,
that
the
Citizens
and
people
might
enjoy
their
liberty
and
free
rights
again
.
See
here
a
Copy
of
them
,
as
they
are
set
down
in
Matthew
Paris
.
HENRY
by
the
Grace
of
God
King
of
England
,
to
Hugh
of
Bockland
,
High
Sheriff
,
and
to
all
his
Liege
people
,
as
well
French
as
English
in
Herefordshire
,
Greeting
.
Know
ye
,
that
I
through
the
mercy
of
God
,
and
by
the
common
advice
of
the
Barons
of
the
Kingdom
of
England
have
been
crowned
King.
And
because
the
Kingdom
was
opprest
with
unjust
exactions
,
I
out
of
regard
to
God
,
and
that
love
which
I
bear
towards
you
all
,
do
make
the
holy
Church
of
God
free
,
so
that
I
will
neither
sell
it
,
nor
will
I
put
it
to
farm
,
nor
upon
the
death
of
Arch-Bishop
,
or
Bishop
,
or
Abbot
,
will
I
take
any
thing
of
the
domain
of
the
Church
,
or
of
the
men
thereof
,
till
a
Successor
enter
upon
it
.
And
all
evil
Customs
,
wherewith
the
Kingdom
of
England
was
unjustly
oppressed
,
I
do
henceforward
take
away
;
which
evil
usages
I
do
here
in
part
set
down
.
18.
If
any
one
of
my
Barons
,
Counts
or
others
that
hold
of
me
,
shall
dye
,
his
Heir
shall
not
redeem
his
Land
,
as
he
was
wont
to
do
in
the
time
of
my
Father
,
but
relieve
it
with
a
lawful
and
due
relief
.
In
like
manner
also
shall
the
Homagers
or
Tenants
of
my
Barons
relieve
their
Lands
from
their
Lords
with
a
lawful
and
just
relief
.
It
appears
,
that
in
the
times
of
the
Saxons
a
Hereot
was
paid
to
the
Lord
at
a
Tenants
death
,
upon
the
account
of
provision
for
War
(
for
here
in
Saxon
signifies
an
Army
:
)
and
that
which
in
our
memory
now
in
French
is
called
a
Relief
(
Henry
of
Bracton
sayes
,
't
is
an
engagement
to
recognize
the
Lord
)
doth
bear
a
resemblance
of
the
ancient
Hereot
.
Thereupon
it
is
a
guess
,
saith
William
Lambard
,
that
the
Normans
being
Conquerors
,
did
remit
the
Hereot
to
the
Angles
whom
they
had
conquered
and
stripped
of
all
kind
of
Armour
,
and
that
for
it
they
exacted
money
of
the
poor
wretches
.
To
this
agrees
that
which
is
mentioned
in
the
State
of
England
concerning
the
Nobles
of
Berkshire
.
A
Tain
or
Knight
of
the
Kings
holding
of
him
,
did
at
his
death
for
a
Relief
part
with
all
his
Arms
to
the
King
,
and
one
Horse
with
a
Saddle
and
another
without
a
Saddle
.
And
if
he
had
Hounds
or
Hawks
,
they
were
presented
to
the
King
,
that
if
he
pleased
he
might
take
them
.
And
in
an
ancient
Sanction
of
Conrade
the
First
,
Emperour
of
Germany
,
If
a
Souldier
that
is
Tenant
or
Lessee
happen
to
dye
,
let
his
Heir
have
the
Fee
,
so
that
he
observe
the
use
of
the
greater
Vavasors
,
in
giving
his
Horses
and
Arms
to
the
Seniors
or
Lords
.
John
Mariana
takes
notice
,
that
the
word
Seniors
in
the
Vular
Languages
,
Spanish
,
Italian
and
French
,
signifies
Lords
,
and
that
to
have
been
in
use
from
the
time
of
Charlemain's
Reign
.
But
these
things
you
may
have
in
more
plenty
from
the
Feudists
,
those
who
write
concerning
Tenures
.
19.
If
any
of
my
Barons
or
other
men
(
Homagers
or
Tenants
)
of
mine
(
I
return
to
King
Henry's
Charter
)
shall
have
a
mind
to
give
his
Daughter
,
or
Sister
,
or
Niece
,
or
Kinswoman
in
marriage
,
let
him
speak
with
me
about
it
.
But
neither
will
I
take
any
thing
of
his
for
this
leave
and
licence
,
nor
will
I
hinder
him
from
betrothing
her
,
except
he
shall
have
a
design
of
giving
her
to
an
enemy
of
mine
.
20.
If
upon
the
death
of
a
Baron
,
or
any
other
Homager
of
mine
,
there
be
left
a
Daughter
that
is
an
Heiress
,
I
will
bestow
her
with
the
advice
of
my
Barons
together
with
her
Land.
21.
If
upon
the
death
of
the
Husband
,
his
Wife
be
left
without
Children
,
she
shall
have
her
Dowry
and
right
of
Marriage
,
as
long
as
she
shall
keep
her
body
according
to
Law
;
and
I
will
not
bestow
her
,
but
according
to
her
own
liking
.
And
if
there
be
Children
,
either
the
Wife
,
or
some
one
else
near
of
kin
shall
be
their
Guardian
and
Trustee
of
their
Land
,
who
ought
to
be
just
.
22.
I
give
order
,
that
my
Homagers
do
in
like
manner
regulate
themselves
towards
the
Sons
and
Daughters
and
Wives
of
their
Homagers
.
23.
The
common
Duty
of
Money
or
Coinage
,
which
was
taken
through
all
Cities
and
Counties
,
which
was
not
in
the
time
of
King
Edward
,
I
do
utterly
forbid
that
henceforward
this
be
no
more
done
.
24.
If
any
one
of
my
Barons
or
Homagers
shall
be
sick
and
weak
,
according
as
he
himself
shall
give
or
order
any
one
to
give
his
money
,
I
grant
it
so
to
be
given
;
but
if
he
himself
being
prevented
either
by
Arms
or
by
Sickness
,
hath
neither
given
his
money
,
nor
disposed
of
it
to
give
,
then
let
his
Wife
,
or
Children
,
or
Parents
,
and
his
lawful
Homagers
for
his
souls
health
divide
it
,
as
to
them
shall
seem
best
.
And
in
Canutus
his
Laws
,
Let
the
Lord
or
Owner
at
his
own
discretion
make
a
just
distribution
of
what
he
hath
to
his
Wife
and
Children
and
the
next
of
kin
.
But
at
this
time
,
and
long
since
,
Church-men
have
been
as
it
were
the
Distributors
and
Awarders
of
the
Goods
of
such
persons
as
dye
Intestate
,
or
without
making
their
Wills
,
and
every
Bishop
as
Ordinary
in
his
own
Diocess
,
is
the
chief
Judge
in
these
cases
.
John
Stratford
Arch-Bishop
of
Canterbury
saith
it
,
and
it
is
averred
in
the
Records
of
our
Law
,
that
this
Jurisdiction
also
concerning
Wills
,
was
of
old
long
time
ago
in
an
ancient
Constitution
,
intrusted
to
the
Church
by
the
consent
of
the
King
and
Peers
.
However
,
in
what
Kings
time
this
was
done
,
neither
does
he
relate
,
nor
do
I
any
where
find
,
as
William
Lindwood
in
his
Provincial
acknowledgeth
.
It
is
a
thing
very
well
known
,
that
after
Tryal
of
right
,
Wills
were
wont
to
be
opened
in
the
Ecclesiastical
Court
even
in
the
Reign
of
Henry
the
Second
(
Ralph
Glanvill
is
my
witness
)
contrary
to
what
order
was
taken
in
the
Imperial
Decrees
of
the
Romans
.
And
peradventure
it
will
appear
so
to
have
been
before
Glanvill
,
as
he
will
tell
you
,
if
you
go
to
him
;
although
you
have
,
quoted
by
my self
some
where
,
a
Royal
Rescript
or
Order
to
a
High
Sheriff
,
That
he
do
justly
and
without
delay
cause
to
stand
(
i.
e.
appoint
and
confirm
)
a
reasonable
share
to
such
an
one
;
that
is
,
that
the
Legatee
may
obtain
and
enjoy
his
right
,
what
was
bequested
to
him
by
the
Sheriffs
help
.
I
come
back
now
to
my
track
again
.
25.
If
any
one
of
my
Barons
or
Homagers
shall
make
a
forfeit
,
he
shall
not
give
a
pawn
in
the
scarcity
of
his
money
,
as
he
did
in
the
time
of
my
Brother
or
my
Father
,
but
according
to
the
quality
of
his
forfeiture
:
nor
shall
he
make
amends
,
as
he
would
have
done
heretofore
in
my
Brothers
or
Fathers
time
.
26.
If
he
shall
be
convicted
of
perfidiousness
or
of
foul
misdemeanors
,
as
his
fault
shall
be
,
so
let
him
make
amends
.
27.
The
Forests
by
the
common
advice
of
my
Barons
,
I
have
kept
in
mine
own
hand
,
in
the
same
manner
as
my
Father
had
them
.
28.
To
those
Souldiers
or
Knights
who
hold
and
maintain
their
Lands
by
Coats
of
Male
(
that
is
,
per
fee
de
Hauberke
,
that
they
may
be
ready
to
attend
their
Lords
with
Habergeons
or
Coats
of
Male
compleatly
armed
Cap
a
pee
)
I
grant
the
Plough-lands
of
their
Domainsacquitted
from
all
Gelds
,
and
from
every
proper
Gift
of
mine
,
that
,
as
they
are
eased
from
so
great
a
Charge
and
Grievance
,
so
they
may
furnish
themselves
well
with
Horse
and
Arms
,
that
they
may
be
fit
and
ready
for
my
service
,
and
for
the
defence
of
my
Realm
.
29.
I
restore
unto
you
the
Law
of
King
Edward
,
with
other
amendments
,
wherewith
my
Father
amended
it
.
Those
amendments
are
put
forth
by
Lambard
.
Hitherto
out
of
those
Royal
and
general
Letters
,
directed
to
all
the
Subjects
.
CHAP.
VII
.
His
order
for
restraint
of
his
Courtiers
.
What
the
punishment
of
Theft
.
Coyners
to
lose
their
Hands
and
Privy-members
.
Guelding
a
kind
of
death
.
What
Half-pence
and
Farthings
to
pass
.
The
right
measure
of
the
Eln.
The
Kings
price
set
for
provisions
.
30.
HE
did
by
his
Edict
or
Proclamation
,
restrain
the
Rapines
,
Thefts
,
and
Rogueries
of
the
Courtiers
;
ordering
,
that
those
who
were
caught
in
such
pranks
,
should
have
their
Eyes
with
their
Stones
pulled
out
.
This
Malmesbury
supplies
us
with
.
But
Florentius
of
Worcester
and
Roger
Hoveden
give
the
account
,
that
he
punished
Thieves
with
Death
and
Hanging
,
otherwise
than
that
pleasant
and
curious
man
Thomas
Moor
in
his
Vtopia
would
have
his
people
to
be
dealt
with
.
Yet
I
am
inclined
rather
to
believe
Malmesbury
;
not
only
upon
the
authority
of
the
man
,
in
comparison
of
whose
Rose-beds
(
if
you
well
weigh
the
Learning
of
that
Age
)
the
other
pack
of
Writers
are
but
sorry
low
shrubs
;
but
also
upon
the
account
of
a
nameless
Monk
,
who
in
his
Book
of
the
Miracles
of
S.
Thomas
of
Canterbury
,
tells
us
a
story
of
one
Eilward
,
a
poor
mean
fellow
of
Kingsweston
in
Berkshire
,
who
being
in
the
Reign
of
King
Henry
the
Second
condemned
of
Theft
(
he
had
it
seems
stoln
a
pair
of
Countrey
Gloves
and
a
Whetstone
)
was
punished
by
losing
his
Eyes
and
Privities
;
who
coming
with
devotion
to
S.
Thomas
his
Tomb
,
got
an
intire
restitution
of
his
disappearing
Members
and
Faculties
,
and
was
as
good
a
man
as
ever
he
was
.
Perchance
in
this
he
is
no
witness
of
infallible
credit
.
Let
the
story
of
Iphis
and
Ianthis
,
and
that
of
Ceneus
try
Masteries
with
this
for
the
Wherstone
;
to
our
purpose
the
Writer
is
trusty
enough
.
But
in
the
first
times
of
the
Normans
,
I
perceive
,
that
the
Halter
was
the
ill
consequence
of
Theft
.
Let
it
be
lawful
for
the
Abbot
of
that
Church
,
if
he
chance
to
come
in
in
the
God
speed
,
to
acquit
an
High-way-man
or
Thief
from
the
Gallows
.
They
are
the
words
of
the
Patent
with
which
William
the
Conquerour
,
to
expiate
the
slaughter
of
Harald
,
consecrated
a
Monastery
to
S.
Martin
near
Hastings
on
the
Sea-coast
of
Sussex
,
and
priviledged
it
with
choice
and
singular
rights
.
31.
Against
Cheats
,
whom
they
commonly
call
Coyners
(
't
is
Malmesbury
speaks
again
)
he
shewed
his
particular
diligence
,
permitting
no
cheating
fellow
to
escape
scot-free
,
without
losing
his
Fist
or
Hand
,
who
had
been
understood
to
have
put
tricks
upon
silly
people
with
the
traffick
of
their
falshood
.
For
all
that
,
he
who
hath
tackt
a
supplement
to
Florentius
of
Worcester
,
and
William
Gemeticensis
give
out
,
that
the
Counterfeiters
and
Imbasers
of
Coin
had
,
over
and
above
those
parts
cut
off
,
which
Galen
accounts
to
be
the
principal
instruments
for
propagating
of
the
kind
.
To
whom
Hoveden
agrees
,
who
writes
in
the
Life
of
Henry
the
First
,
That
Coyners
by
the
Kings
order
being
taken
,
had
their
right
Hands
and
their
Privy-members
cut
off
.
Upon
this
account
sure
,
that
he
that
was
guilty
of
such
a
wicked
crime
,
should
have
no
hope
left
him
of
posterity
,
nor
the
Common-wealth
be
in
any
further
fear
of
those
who
draw
villainous
principles
from
the
loins
of
those
that
beget
them
.
Now
at
this
very
time
and
in
former
Ages
too
,
this
piece
of
Treason
was
punished
with
Halter
and
Gallows
;
and
that
also
of
Theft
not
only
in
England
,
but
almost
in
all
Countreys
,
especially
Robbery
upon
the
High-way
,
which
is
committed
by
those
who
lay
wait
to
surprize
Passengers
as
they
travel
along
upon
one
or
other
side
of
them
;
whence
not
only
in
the
Latin
,
but
in
the
holy
Language
also
,
a
High-way-man
hath
his
name
.
And
truly
among
the
Ancients
guelding
was
lookt
upon
as
a
kind
of
death
.
The
Apostles
Canons
give
him
the
character
and
censure
of
a
Manslayer
,
who
cuts
off
his
own
Privities
(
who
lives
all
his
life
a
Batchelor
,
say
the
Talmudists
)
and
he
who
cuts
off
another
mans
,
is
in
danger
of
the
Cornelian
Law
concerning
Murderers
and
Cut-throats
;
and
so
was
it
heretofore
among
the
English.
32.
He
ordered
(
they
are
Hoveden's
words
)
that
no
half-penny
,
which
also
he
commanded
should
be
made
round
,
or
farthing
also
,
if
it
were
intire
,
should
be
refused
.
33.
He
corrected
the
Merchants
false
Eln
(
so
sayes
the
Monk
of
Malmesbury
)
applying
the
measure
of
his
Arm
,
and
proposing
that
to
all
people
over
England
.
34.
He
gave
order
to
the
Courtiers
,
in
whatsoever
Cities
or
Villages
he
were
,
how
much
they
were
to
take
of
the
Countrey
people
gratis
,
and
at
what
price
to
buy
things
;
punishing
offendors
herein
either
with
a
great
Fine
of
money
,
or
with
loss
of
life
.
CHAP.
VIII
.
The
Regality
claimed
by
the
Pope
,
but
within
a
while
resumed
by
the
King.
The
Coverfeu
dispensed
with
.
A
Subsidy
for
marrying
the
Kings
Daughter
.
The
Courtesie
of
England
.
Concerning
Shipwrack
.
A
Tax
levied
to
raise
and
carry
on
a
War.
35.
ANselm
Arch-Bishop
of
Canterbury
labours
earnestly
with
the
Pope
and
his
party
,
and
at
length
obtains
it
with
much
ado
,
that
from
that
time
forward
(
you
have
it
in
Florilegus
after
other
Writers
)
never
any
one
should
be
invested
with
a
Pastoral
Staff
or
a
Ring
into
a
Bishoprick
or
Abbacy
by
the
King
,
or
any
Lay-person
whatsoever
in
England
,
(
added
out
of
Malmesbury
)
retaining
however
the
priviledge
of
Election
and
Regality
.
There
was
a
sharp
bickering
about
this
business
betwixt
the
King
and
Anselm
;
and
so
between
the
Popes
Paschalis
and
Calixtus
and
Henry
about
that
time
Emperour
.
Both
of
them
at
least
pretendedly
quit
their
right
;
our
King
humouring
the
Scene
according
to
the
present
occasion
.
For
after
Anselm's
death
,
he
did
invest
Rodulphus
that
came
in
his
room
by
a
Ring
and
a
Pastoral
Staff.
36.
He
restored
the
Night-Torches
or
Lights
which
William
the
First
had
forbidden
;
forasmuch
as
he
now
had
less
reason
to
apprehend
any
danger
from
them
,
the
Kingdom
being
in
a
better
and
firmer
posture
.
37.
To
make
up
a
portion
for
Mawd
the
Kings
Daughter
,
married
to
Henry
the
Emperour
,
every
Hide
of
Land
paid
a
Tribute
of
Three
Shillings
.
Here
Polydore
makes
his
descant
.
Afterward
,
sayes
he
,
The
rest
of
the
Kings
followed
that
course
of
raising
Portions
for
the
bestowal
of
their
Daughters
;
so
tenacious
hath
posterity
alway
been
of
their
own
advantages
.
It
is
scarce
to
be
doubted
,
that
the
right
of
raising
money
for
the
marrying
of
the
Lords
Daughters
by
way
of
Aid
or
Subsidy
upon
the
Tenants
or
Dependants
,
is
of
a
more
ancient
original
.
Neither
would
I
fetch
it
from
the
mutual
engagement
of
Romulus
his
Patrons
and
Clients
,
or
Landlords
and
Tenants
,
or
from
Suetonius
his
Caligula
:
rather
from
the
old
Customs
of
the
Normans
,
more
ancient
than
King
Henry
;
where
that
threefold
Tribute
is
explained
by
the
name
of
Aid
,
which
the
Patent
granted
by
King
John
in
favour
of
publick
liberty
mentions
in
these
words
:
I
will
impose
no
Escuage
or
Aid
in
our
Realm
,
but
by
the
common
advice
of
our
Realm
;
unless
it
be
to
ransom
our
Body
,
and
to
make
our
first-born
Son
a
Soldier
or
Knight
,
and
to
marry
our
eldest
Daughter
once
.
38.
Some
ascribe
that
Law
to
Henry
,
which
Lawyers
call
the
Courtesie
of
England
;
whereby
a
man
having
had
a
Child
by
his
Wife
,
when
she
dyes
,
enjoyes
her
Estate
for
his
life
.
39.
He
made
a
Law
,
that
poor
shipwrackt
persons
should
have
their
Goods
restored
to
them
,
if
there
were
any
living
creature
on
Ship-board
,
that
escaped
drowning
.
Forasmuch
as
before
that
time
,
whatsoever
through
the
misfortune
of
shipwrack
was
cast
on
Shoar
,
was
adjudged
to
the
Exchequer
;
except
that
the
persons
who
suffered
shipwrack
and
had
escaped
alive
,
did
themselves
within
such
a
time
refit
and
repair
the
Vessel
.
So
the
Chronicle
of
the
Monastery
of
S.
Martin
de
Bello
.
This
right
is
called
Wreck
,
or
if
you
will
,
Uareck
,
of
the
Sea.
How
agreeable
to
the
Law
of
Nations
,
I
trouble
not
my self
to
enquire
.
That
more
ancient
Custom
,
is
as
it
were
suitable
to
the
Norman
usage
.
Now
at
this
time
our
Lawyers
(
and
that
the
more
modern
Law
of
Edward
the
First
)
pass
judgement
according
to
the
more
correct
Copy
of
King
Henry
.
And
they
reckon
it
too
among
the
most
ancient
Customs
of
the
Kingdom
.
Did
therefore
King
Richard
order
,
or
did
Hoveden
relate
this
to
no
purpose
,
or
without
any
need
?
If
one
who
suffers
shipwrack
dye
in
the
Ship
,
let
his
Sons
or
Daughters
,
his
Brethren
or
Sisters
have
what
he
left
,
according
as
they
can
shew
and
make
out
that
they
are
his
next
heirs
.
Or
if
the
deceased
have
neither
Sons
nor
Daughters
,
nor
Brothers
nor
Sisters
,
the
King
is
to
have
his
Chattels
.
Can
one
imagine
,
that
this
Law
he
made
at
Messina
,
when
he
was
engaged
in
War
,
was
calculated
only
for
that
time
or
place
?
Certainly
in
the
Archives
there
is
elsewhere
to
be
met
with
as
much
as
this
.
40.
That
he
might
with
a
stout
Army
bear
the
brunt
of
Baldwin
Earl
of
Flanders
and
Louis
King
of
France
,
who
had
conspired
,
being
bound
by
mutual
Oaths
to
one
another
with
the
Duke
of
Anjou
,
to
take
away
from
King
Henry
by
force
of
Arms
the
Dutchy
of
Normandy
,
he
first
of
all
(
t
is
Polydore
avers
it
)
laid
a
heavy
Tax
upon
the
people
,
to
carry
on
the
new
War
;
which
thing
with
the
Kings
that
followed
after
,
grew
to
be
a
custom
.
He
was
the
last
of
the
Normans
of
a
Male
descent
,
and
as
to
the
method
of
our
undertaking
,
here
we
treat
of
him
last
.
CHAP.
IX
.
In
King
Stephen's
Reign
all
was
to
pieces
.
Abundance
of
Castles
buili
.
Of
the
priviledge
of
Coming
.
Appeals
to
the
Court
of
Rome
now
set
on
foot
.
The
Roman
Laws
brought
in
,
but
disowned
.
An
instance
in
the
Wonder-working
Parliament
.
AS
of
old
,
unless
the
Shields
were
laid
up
,
there
was
no
Dancing
at
Weddings
;
so
except
Arms
be
put
aside
,
there
is
no
pleading
of
Laws
.
That
Antipathy
betwixt
Arms
and
Laws
,
England
was
all
over
sensible
of
,
if
ever
at
any
time
,
in
the
Reign
of
K.
STEPHEN
,
Count
of
Blois
,
King
Henry's
Nephew
by
his
Sister
Adela
.
For
he
did
not
only
break
the
Law
and
his
Oath
too
to
get
a
Kingdom
,
but
also
being
saluted
King
,
by
those
who
perfidiously
opposed
Mawd
the
right
and
true
heir
of
King
Henry
,
he
reigned
with
an
improved
wickedness
.
For
he
did
so
strangely
and
odly
chop
and
change
every
thing
(
it
is
Malmsbury
speaks
it
)
as
if
he
had
sworn
only
for
this
intent
,
that
he
might
shew
himself
to
the
whole
Kingdom
,
a
Dodger
and
Shammer
of
his
Oath
.
But
,
as
he
saith
,
—
perjuros
merito
perjuria
fallunt
?
that
is
,
Such
men
as
Perjuries
do
make
their
Trade
,
By
their
own
Perjuries
most
justly
are
betray'd
.
They
are
things
of
custom
to
which
he
swore
,
and
such
as
whereby
former
priviledges
are
ratified
,
rather
than
new
ones
granted
.
However
,
some
things
there
are
,
that
may
be
worth
the
transcribing
.
41.
Castles
were
frequently
raised
(
'tis
Nubrigensis
relates
it
)
in
the
several
Counties
by
the
bandying
of
parties
;
and
there
were
in
England
in
a
manner
as
many
Kings
,
or
rather
as
many
Tyrants
,
as
Lords
of
Castles
,
having
severally
the
stamping
of
their
own
Coin
,
and
a
power
of
giving
Law
to
the
Subjects
after
a
Royal
manner
.
then
was
the
Kingdom
plainly
torn
to
pieces
,
and
the
right
of
Majesty
shattered
,
which
gains
to
it self
not
the
least
lustre
from
stamping
of
Money
.
Though
I
know
very
well
,
that
before
the
Normans
,
in
the
City
of
Rochester
,
Canterbury
,
and
in
other
Corporations
and
Towns
,
Abbots
and
Bishops
had
by
right
of
priviledge
their
Stampers
and
Coiners
of
Money
.
42.
Next
to
the
King
,
Theobald
Arch-Bishop
of
Canterbury
presided
over
the
Council
of
London
(
where
there
were
also
present
the
Peers
of
the
Realm
)
which
buzzed
with
new
appeals
.
For
in
England
(
t
is
Henry
of
Huntington
sayes
it
)
appeals
were
not
in
use
,
till
Henry
Bishop
of
Winchester
,
when
he
was
Legate
,
cruelly
intruded
them
to
his
own
mischief
.
Wherefore
what
Cardinal
Bellarmin
has
writ
,
beginning
at
the
Synod
of
Sardis
,
concerning
the
no
body
knows
how
old
time
of
the
universal
right
of
appealing
to
the
Pope
of
Rome
,
does
not
at
all
,
as
to
matter
of
fact
,
seem
to
touch
upon
this
Kingdom
of
ours
by
many
and
many
a
fair
mile
.
43.
In
the
time
of
King
Stephen
(
fo
't
is
in
the
Polycraticon
of
John
of
Salisbury
)
the
Roman
Laws
were
banisht
the
Realm
,
which
the
House
of
the
Right
Reverend
Theobald
Lord
Primate
of
Britanny
had
fetcht
or
sent
for
over
into
Britanny
.
Besides
,
it
was
forbidden
by
Royal
Proclamation
,
that
no
one
should
retain
or
keep
by
him
the
Books
.
If
you
understand
the
Laws
of
the
Empire
(
I
rather
take
them
to
be
the
Decrees
of
the
Popes
)
it
will
not
be
much
amiss
,
out
of
the
Parliament
Records
to
adjoyn
these
things
of
later
date
.
In
the
Parliament
holden
by
Richard
of
Bourdeaux
,
which
is
said
to
have
wrought
Wonders
,
Upon
the
Impeachment
of
Alexander
Nevil
Arch-Bishop
of
Canterbury
,
Robert
Uere
Duke
of
Ireland
,
Michael
Pole
Earl
of
Suffolk
,
Thomas
Duke
of
Glocester
,
Richard
Earl
of
Arundel
,
Thomas
Beauchamp
Earl
of
Warwick
,
and
others
,
That
they
being
intrusted
with
the
management
of
the
Kingdom
,
by
soothing
up
the
easie
and
youthful
temper
of
the
King
,
did
assist
one
another
for
their
own
private
interest
,
more
than
the
publick
,
well
near
to
the
ruine
and
overthrow
of
the
Government
it self
;
the
Common
Lawyers
and
Civilians
are
consulted
with
,
about
the
form
of
drawing
up
the
Charge
;
which
they
answer
all
as
one
man
,
was
not
agreeable
to
the
rule
of
the
Laws
.
But
the
Barons
of
Parliament
reply
,
That
they
would
be
tyed
up
to
no
rules
,
nor
be
led
by
the
punctilioes
of
the
Roman
Law
,
but
would
by
their
own
authority
pass
judgement
;
pur
ce
que
la
royalme
d'
Angleterre
n'
estoit
devant
ces
heures
,
n'y
à
l'
entent
de
nostre
dit
Seigneur
le
Roy
&
Seigneurs
de
Parlament
unque
ne
serra
rules
ne
gouvernes
per
la
Loy
Civil
:
that
is
,
inasmuch
as
the
Realm
of
England
was
not
before
this
time
,
nor
in
the
intention
of
our
said
Lord
the
King
and
the
Lords
of
Parliament
ever
shall
be
ruled
or
governed
by
the
Civil
Law.
And
hereupon
the
persons
impleaded
are
sentenced
to
be
banished
.
But
here
is
an
end
of
Stephen
:
He
fairly
dyed
.
CHAP.
X.
In
King
Henry
the
Seconds
time
,
the
Castles
demolished
.
A
Parliament
held
at
Clarendon
.
Of
the
Advowson
and
Presentation
of
Churches
.
Estates
not
to
be
given
to
Monasteries
without
the
Kings
leave
.
Clergymen
to
answer
in
the
Kings
Court.
A
Clergyman
convict
,
out
of
the
Churches
Protection
.
None
to
go
out
of
the
Realm
,
without
the
Kings
leave
.
This
Repealed
by
King
John.
Excommunicate
Persons
to
find
Surety
.
Laymen
how
to
be
impleaded
in
the
Ecclesiastical
Court.
A
Lay-Jury
to
swear
there
,
in
what
case
.
No
Homager
or
Officer
of
the
Kings
to
be
Excommunicated
,
till
He
or
his
Justice
be
acquainted
.
AT
length
,
though
late
first
,
Henry
the
Son
of
Jeoffry
Plantagenet
,
Count
of
Anger
's
by
the
Empress
Mawd
,
came
to
his
Grandfatherrs
Inheritance
.
Having
demolished
and
levelled
to
the
ground
,
the
Castles
which
had
,
in
King
Stephen's
time
,
been
built
,
to
the
number
of
eleven
hundred
and
fifteen
;
and
having
retrieved
the
right
of
Majesty
into
its
due
bounds
,
he
confirmed
the
Laws
of
his
Grandfather
.
Moreover
,
at
Clarendon
in
Wiltshire
,
near
Salisbury
,
John
of
Oxford
being
President
,
by
the
Kings
own
Mandate
,
there
being
also
present
the
Arch-Bishops
,
Bishops
,
Abbots
,
Priors
,
Earls
,
Barons
,
and
Peers
of
the
Realm
,
other
Laws
are
recognized
and
passed
;
whilst
at
first
those
who
were
for
the
King
on
one
side
,
those
who
were
for
the
Pope
on
the
other
,
with
might
and
main
stickle
to
have
it
go
their
way
;
these
latter
pleading
,
that
the
secular
Court
of
Justice
did
not
at
all
suit
with
them
,
upon
pretence
that
they
had
a
priviledge
of
Immunity
.
But
this
would
not
serve
their
turn
;
for
such
kind
of
Constitutions
as
we
are
now
setting
down
,
had
the
Vogue
.
44.
If
any
Controversie
concerning
the
Advowson
and
Presentation
of
Churches
,
arise
betwixt
Laymen
,
or
betwixt
Laymen
and
Clergymen
,
or
betwixt
Clergymen
among
themselves
;
let
it
be
handled
and
determined
in
the
Court
of
the
Lord
our
King.
45.
The
Churches
which
are
in
the
Kings
Fee
,
cannot
be
given
to
perpetuity
without
his
assent
and
concession
.
Even
in
the
Saxons
times
it
seems
it
was
not
lawful
,
without
the
Kings
favour
first
obtained
,
to
give
away
Estates
to
Monasteries
;
for
so
the
old
Book
of
Abington
says
.
A
Servant
of
King
Ethelred's
called
Vlfric
Spot
,
built
the
Abby
of
Burton
in
Staffordshire
,
and
gave
to
it
all
his
Paternal
Estate
,
appraised
at
seven
hundred
pounds
;
and
that
this
donation
might
be
good
in
Law
,
he
gave
King
Ethelred
three
hundred
Marks
of
Gold
for
his
confirmation
of
it
,
and
to
every
Bishop
five
Marks
,
and
over
and
above
to
Alfric
Arch-Bishop
of
Canterbury
,
the
Village
of
Dumbleton
.
46.
Clergymen
being
arighted
and
accused
of
any
matter
whatsoever
,
having
been
summoned
by
the
Kings
Justice
,
let
them
come
into
his
Court
,
there
to
make
answer
to
that
,
of
which
it
shall
be
thought
fit
that
there
answer
ought
to
be
made
:
So
that
the
Kings
Justice
send
into
the
Court
of
Holy
Church
,
to
see
after
what
manner
the
business
there
shall
be
handled
.
47.
If
a
Clergyman
shall
be
convicted
,
or
shall
confess
the
Fact
;
the
Church
ought
not
from
thenceforth
to
give
him
protection
.
48.
It
is
not
lawful
for
Arch-Bishops
,
Bishops
,
and
Persons
of
the
Kingdom
,
to
go
out
of
the
Realm
without
leave
of
our
Lord
the
King
:
And
if
they
do
go
out
,
if
the
King
please
,
they
shall
give
him
security
,
that
neither
in
going
,
nor
in
returning
,
or
in
making
stay
,
they
seek
or
devise
any
mischief
or
damage
against
our
Lord
the
King.
Whether
you
refer
that
Writ
,
we
meet
with
in
the
Register
or
Record
,
NE
EXEAS
REGNVM
,
for
Subjects
not
to
depart
the
Kingdom
to
this
time
or
instance
,
or
with
Polydore
Virgil
to
William
Rufus
,
or
to
later
times
,
is
no
very
great
matter
:
Nor
will
it
be
worth
our
while
,
curiously
to
handle
that
question
:
For
who
,
in
things
of
such
uncertainty
,
is
able
to
fetch
out
the
truth
?
Nor
will
I
abuse
my
leasure
,
or
spend
time
about
things
unapproachable
.
An
sit
&
hic
dubito
,
sed
&
hic
tamen
auguror
esse
.
Says
the
Poet
in
another
case
:
And
so
say
I.
Whether
it
be
here
or
no
,
Is
a
Question
,
I
confess
:
And
yet
for
all
that
,
I
trow
,
Here
it
is
too
,
as
I
guess
.
Out
of
King
John's
great
Charter
,
as
they
call
it
,
you
may
also
compare
or
make
up
this
Repeal
of
that
Law
in
part
.
Let
it
be
lawful
henceforward
for
any
one
to
go
out
of
our
Realm
,
and
to
return
safely
and
securely
by
Land
and
by
Water
,
upon
our
Royal
word
;
unless
in
time
of
War
,
for
some
short
time
,
for
the
common
advantage
of
the
Kingdom
;
excepting
those
that
are
imprisoned
and
out-lawed
according
to
the
Law
of
the
Kingdom
,
and
any
People
or
Nation
,
that
are
in
actual
War
against
us
:
And
Merchants
,
concerning
whom
let
such
Order
be
taken
,
as
is
afore
directed
.
I
return
to
King
Henry
.
49.
Excommunicate
Persons
ought
not
to
give
suretiship
for
the
Remainder
,
nor
to
take
an
Oath
;
but
only
to
find
Surety
and
Pledge
,
to
stand
to
the
Judgment
of
the
Church
,
that
they
may
be
absolved
.
50.
Persons
of
the
Laity
ought
not
to
be
accused
or
impleaded
but
by
certain
and
legal
Accusers
and
Witnesses
,
in
the
presence
of
the
Arch-Bishop
or
Bishop
:
so
that
the
Arch-Deacon
may
not
lose
his
right
,
nor
any
thing
which
he
ought
to
have
therefrom
.
51.
If
they
be
such
Persons
who
are
in
fault
,
as
no
one
will
or
dare
to
accuse
;
let
the
Sheriff
being
thereunto
required
by
him
,
cause
twelve
legal
men
of
the
Voisinage
or
of
the
Village
,
to
swear
before
the
Bishop
,
that
they
will
manifest
or
make
known
the
truth
of
the
matter
according
to
their
Conscience
.
52.
Let
no
one
who
holds
of
the
King
in
capite
,
nor
any
one
of
the
Kings
Officers
or
Servants
of
his
Domain
,
be
excommunicated
;
nor
the
Lands
of
any
of
them
be
put
under
an
Interdict
or
prohibition
;
unless
first
our
Lord
the
King
,
if
he
be
in
the
Land
,
be
spoke
with
;
or
his
Justice
,
if
he
be
out
of
the
Land
,
that
they
may
do
right
by
him
:
And
so
that
what
shall
appertain
to
the
Kings
Court
,
may
be
determined
there
;
and
as
to
what
shall
belong
to
the
Ecclesiastical
Court
,
it
may
be
sent
thither
and
there
treated
of
.
CHAP.
XI
.
Other
Laws
of
Church
affairs
.
Concerning
Appeals
.
A
Suit
betwixt
a
Clergyman
and
a
Layman
,
where
to
be
Tryed
.
In
what
case
one
,
who
relates
to
the
King
,
may
be
put
under
an
Interdict
.
The
difference
betwixt
that
and
Excommunication
.
Bishops
to
be
present
at
Tryals
of
Criminals
,
until
Sentence
of
Death
,
&c.
pass
.
Profits
of
vacant
Bishopricks
,
&c.
belong
to
the
King.
The
next
Bishop
to
be
Chosen
in
the
Kings
Chappel
,
and
to
do
Homage
before
Consecration
.
Deforcements
to
the
Bishop
,
to
be
righted
by
the
King.
And
on
the
contrary
,
Chattels
forfeit
to
the
King
,
not
to
be
detained
by
the
Church
.
Pleas
of
debts
whatsoever
in
the
Kings
Court.
Yeomens
Sons
not
to
go
into
Orders
without
the
Lords
leave
.
53.
COncerning
Appeals
,
if
at
any
time
there
shall
be
occasion
for
them
,
they
are
to
proceed
from
the
Arch-Deacon
to
the
Bishop
,
and
from
the
Bishop
to
the
Arch-Bishop
;
and
if
the
Arch-Bishop
shall
be
wanting
in
doing
of
Justice
,
they
must
come
in
the
last
place
to
our
Lord
the
King
;
that
by
his
precept
or
order
,
the
Controversie
may
be
determined
in
the
Arch-Bishops
Court
,
so
as
that
it
ought
not
to
proceed
any
further
without
the
Kings
assent
.
This
Law
,
long
since
,
the
famous
Sir
Edward
Coke
made
use
of
,
to
assert
and
maintain
the
Kings
Ecclesiastical
Jurisdiction
,
as
a
thing
not
of
late
taken
up
by
him
,
but
anciently
to
him
belonging
.
54.
If
a
Claim
or
Suit
shall
arise
betwixt
a
Clergyman
and
a
Lay-man
,
or
betwixt
a
Layman
and
a
Clergyman
,
concerning
any
Tenement
which
the
Clergyman
would
draw
to
the
Church
,
and
the
Lay-man
to
a
Lay-fee
;
it
shall
by
the
recognizance
of
twelve
legal
men
,
upon
the
consideration
and
advisement
of
the
Lord
Chief
Justice
,
be
determined
,
whether
the
Tenement
do
appertain
to
Alms
(
i.
e.
to
the
Church
)
or
to
Lay-Estate
,
before
the
Kings
own
Justice
.
And
if
it
shall
be
recognized
or
adjudged
to
appertain
to
Alms
;
it
shall
be
a
Plea
in
the
Ecclesiastical
Court
:
But
if
to
a
Lay-fee
,
unless
they
both
avow
or
avouch
the
Tenement
from
the
same
Bishop
or
Baron
,
it
shall
be
a
Plea
in
the
Kings
Court.
But
if
each
of
them
shall
for
that
fee
avouch
the
same
Bishop
or
●aron
,
it
shall
be
a
Plea
in
that
Bishops
or
Barons
Court
;
so
that
he
who
was
formerly
seised
,
shall
not
,
by
reason
of
the
Recognizance
made
,
lose
the
Seisin
,
till
it
shall
by
Plea
be
deraigned
.
55.
He
who
shall
be
of
a
City
,
or
a
Castle
,
or
a
Burrough
,
or
a
Manner
of
the
Kings
Domain
,
if
he
shall
be
cited
by
an
Arch-Deacon
or
a
Bishop
,
upon
any
misdemeanour
,
upon
which
he
ought
to
make
answer
to
him
,
and
refuse
to
satisfie
upon
their
summons
or
citations
;
they
may
well
and
lawfully
put
him
under
an
Interdict
or
Prohibition
;
but
he
ought
not
to
be
Excommunicated
.
(
By
the
way
)
seasonably
remark
out
of
the
Pontificial
Law
,
that
that
Excommunication
,
they
call
the
greater
,
removes
a
man
and
turns
him
out
from
the
very
Communion
and
Fellowship
of
the
Faithful
;
and
that
an
Interdict
,
as
the
lesser
Excommunication
,
separates
a
man
,
and
lays
him
aside
only
,
forbidding
him
to
be
present
at
Divine
Offices
,
and
the
use
of
the
Sacraments
.
)
I
say
he
ought
not
to
be
Excommunicated
,
before
that
the
Kings
Chief
Justice
of
that
Village
or
City
be
spoken
with
,
that
he
may
order
him
to
come
to
satisfaction
:
And
if
the
Kings
Justice
fail
therein
,
he
shall
be
at
the
Kings
mercy
,
and
thereupon
or
after
that
the
Bishop
may
punish
him
upon
his
impleadment
,
with
the
Justice
of
the
Church
.
56.
Arch-Bishops
,
Bishops
,
and
all
Persons
whatsoever
of
the
Kingdom
,
who
hold
of
the
King
in
capite
,
and
have
their
possessions
from
our
Lord
the
King
in
nature
of
a
Barony
,
and
thereupon
make
answer
to
the
Kings
Justices
and
Officers
,
and
perform
all
Rights
and
Customs
due
to
the
King
as
other
Barons
do
;
they
ought
to
be
present
at
the
Tryals
of
the
Court
of
our
Lord
the
King
with
his
Barons
,
until
the
losing
of
Limbs
or
death
,
be
adjudged
to
the
party
tried
.
57.
When
an
Arch-Bishoprick
or
Bishoprick
,
or
Abbacy
,
or
Priory
of
the
Kings
Domain
shall
be
void
;
it
ought
to
be
in
his
hand
,
and
thereof
shall
he
receive
all
the
profits
and
issues
as
belonging
to
his
Domain
:
And
when
the
Church
is
to
be
provided
for
,
our
Lord
the
King
is
to
order
some
choice
persons
of
the
Church
,
and
the
Election
is
to
be
made
in
the
Kings
own
Chappel
,
by
the
assent
of
our
Lord
the
King
,
and
by
the
advice
of
those
persons
of
the
Kingdom
,
whom
he
shall
call
for
that
purpose
;
and
there
shall
the
Person
Elect
(
saving
his
order
)
before
he
be
Consecrated
,
do
Homage
and
Fealty
to
our
Lord
the
King
,
as
to
his
Liege
Lord
,
for
his
life
and
limbs
,
and
for
his
Earthly
Honour
.
58.
If
any
one
of
the
Nobles
or
Peers
do
deforce
to
do
Justice
to
an
Arch-Bishop
,
Bishop
,
or
Arch-Deacon
,
for
themselves
or
those
that
belong
to
them
;
the
King
in
this
case
is
to
do
justice
.
59.
If
peradventure
any
one
shall
deforce
to
the
Lord
the
King
his
Right
;
the
Arch-Bishop
,
Bishop
,
and
Arch-Deacon
,
ought
then
in
that
case
to
do
justice
(
or
to
take
a
course
with
him
)
that
he
may
give
the
King
satisfaction
.
60.
The
Chattels
of
those
who
are
in
the
Kings
forfeit
,
let
not
the
Church
or
Church-yard
detain
or
keep
back
against
the
justice
of
the
King
;
because
they
are
the
Kings
own
,
whether
they
shall
be
found
in
Churches
or
without
.
61.
Pleas
of
debts
which
are
owing
,
either
with
security
given
,
or
without
giving
security
,
let
them
be
in
the
Kings
Court.
62.
The
Sons
of
Yeomen
or
Country
people
,
ought
not
to
be
ordained
or
go
into
holy
Orders
,
without
the
assent
of
the
Lord
,
of
whose
Land
they
are
known
to
have
been
born
.
CHAP.
XII
.
The
Statutes
of
Clarendon
mis-reported
in
Matthew
Paris
,
amended
in
Quadrilegus
.
These
Laws
occasioned
a
Quarrel
between
the
King
and
Thomas
a
Becket
.
Witness
Robert
of
Glocester
,
whom
he
calls
Yumen
.
The
same
as
Rusticks
,
i.
e.
Villains
.
Why
a
Bishop
of
Dublin
called
Scorch-Uillein
.
Villanage
before
the
Normans
time
.
I
Confess
there
is
a
great
difference
between
these
Laws
and
the
Statutes
of
Clarendon
,
put
forth
in
the
larger
History
of
Matthew
Paris
,
I
mean
those
mangled
ones
:
and
in
some
places
,
what
through
great
gaps
of
sence
,
disjointings
of
Sentences
,
and
misplacings
of
words
,
much
depraved
ones
,
whose
misfortune
I
ascribe
to
the
carelesness
of
Transcribers
.
But
the
latter
end
of
a
Manuscript
Book
commonly
called
Quadrilegus
,
(
wherein
the
Life
of
Thomas
,
Arch
Bishop
of
Canterbury
,
is
out
of
four
Writers
,
to
wit
,
Hubert
of
Boseham
,
John
of
Salisbury
,
William
of
Canterbury
,
and
Alan
,
Abbot
of
Tewksbury
,
digested
into
one
Volume
)
hath
holp
us
to
them
amended
as
you
may
see
here
,
and
set
to
rights
.
It
is
none
of
our
business
to
touch
upon
those
quarrels
,
which
arose
upon
the
account
of
these
Laws
betwixt
the
King
and
Thomas
of
Canterbury
:
Our
Historians
do
sufficiently
declare
them
.
In
the
mean
time
,
may
our
Poet
of
Glocester
have
leave
to
return
upon
the
Stage
,
and
may
his
Verses
written
in
ancient
Dialect
,
comprising
the
matter
which
we
have
in
hand
,
be
favourably
entertained
.
No
man
ne
might
thenche
the
love
that
there
was
Bitwene
the
K.
H.
and
the
good
man
S.
Thomas
;
The
diuel
had
enui
therto
,
and
sed
bitwen
them
feu
,
Alas
,
alas
thulke
stond
,
vor
all
to
well
it
greu
.
Uor
there
had
ere
ibe
kings
of
Luther
dede
As
W.
Bastard
,
and
his
son
W.
the
rede
.
That
Luther
Laws
made
inou
,
and
held
in
al
the
lond
The
K.
nold
not
beleue
the
lawes
that
he
fond
,
Ne
that
his
elderne
hulde
,
ne
the
godeman
S.
Thomas
Thought
that
thing
age
right
neuer
law
nas
.
Ne
sothnes
and
custom
mid
strength
up
i●old
,
And
he
wist
that
vre
dere
Lourd
in
the
Gospel
told
That
he
himselfe
was
sothnes
,
and
custum
nought
,
Theruore
Luther
custumes
he
nould
graent
nought
.
Ne
the
K.
nould
bileue
that
is
elderne
ad
i●old
,
So
that
conteke
sprung
bituene
them
manifold
.
The
K.
drou
to
right
law
mani
Luther
custume
,
S.
Thomas
they
withsed
,
and
granted
some
.
The
Lawes
that
icholle
now
tell
he
granted
vawe
.
zuf
a
yuman
hath
a
sone
to
clergi
idraw
He
ne
sall
without
is
lourdes
icrouned
nought
be
Uor
yuman
ne
mai
nought
be
made
agen
is
lourds
will
free
.
Those
that
are
born
Slaves
,
or
that
other
sort
of
servants
termed
Villains
,
he
calls
by
the
name
of
Yumen
.
We
call
free
born
Commoners
,
alike
as
Servants
,
as
it
were
with
a
badg
of
ignobleness
or
ungentility
,
Yeomen
;
and
those
who
of
that
number
are
married
men
,
Gommen
;
for
it
was
Gomman
in
the
old
Dutch
,
not
Goodman
,
as
we
vulgarly
pronounce
it
,
which
signified
a
married
man.
Words
,
as
I
am
verily
perswaded
,
made
from
the
Latin
,
Homines
;
which
very
word
,
by
Ennius
and
Festus
,
according
to
the
Oscan
Idiom
,
is
written
Hemones
,
and
in
our
Language
,
which
comes
pretty
near
that
spelling
of
the
Poet
,
Yeomen
.
And
the
Etymon
or
Origination
of
the
word
it self
,
is
very
much
confirmed
by
the
opinion
of
some
of
our
own
Country
Lawyers
,
who
take
(
but
with
a
mistake
)
Homines
,
i.
e.
men
that
do
homage
,
and
Nativos
,
i.
e.
born
Slaves
,
in
ancient
Pleas
to
be
terms
equipollent
,
and
of
the
same
importance
.
The
Constitution
of
Clarendon
style
those
Rusticks
or
Countrymen
,
whom
he
calls
Yumen
;
and
Rusticks
and
Villains
(
those
among
the
English
were
slaves
or
servants
)
were
anciently
synonymous
words
,
meaning
the
same
thing
.
For
whereas
Henry
Londres
,
Arch
Bishop
of
Dublin
,
had
treacherously
committed
to
the
flames
,
the
Charters
of
his
Rustick
Tenants
,
the
Free
Tenants
called
him
,
as
we
read
in
the
Annals
of
Ireland
,
Scorch-Uillein
;
as
if
one
would
say
,
the
burner
or
firer
of
Villains
.
Nor
should
I
think
it
unseasonable
in
this
place
,
to
take
notice
of
a
mistake
or
oversight
of
Thomas
Spott
,
a
Monk
of
Canterbury
;
who
writes
,
that
the
English
,
before
the
Norman
Conquest
,
knew
nothing
of
private
servitude
or
bondage
;
i.
e.
had
no
such
thing
as
Villanage
among
them
:
For
he
is
convinced
both
by
the
Maid
of
Andover
,
King
Edgar's
Miss
,
as
also
by
the
Laws
signed
and
sealed
by
King
Ina
,
and
by
that
Donation
or
Grant
Torald
of
Bukenhale
made
to
Walgate
,
Abbot
of
Crowland
:
wherein
among
other
things
a
great
many
servants
are
mentioned
,
with
their
whole
suits
and
services
.
Take
it
also
out
of
the
Synod
of
London
,
Anselme
being
President
of
it
)
since
here
belike
there
is
mention
made
of
Servants
)
That
no
one
henceforward
presume
to
use
that
ungodly
practice
,
which
hitherto
they
were
wont
in
England
to
do
,
to
sell
,
or
put
to
sale
,
men
,
(
that
is
,
Servants
)
like
brute
Beasts
.
But
we
do
not
do
civilly
to
interrupt
the
Poet
:
We
must
begin
again
with
him
;
he
once
more
tunes
his
Pipes
.
Another
thing
he
granted
eke
as
ye
mow
novise
;
Yuf
a
man
of
holi
Chirch
hath
eni
lay
see
,
Parson
,
other
what
he
be
,
he
ssal
do
therevore
Kings
service
that
there
valth
,
that
is
right
ne
be
vorlore
,
In
plaiding
and
in
assise
be
and
in
judgement
also
.
Bote
war
man
ssal
be
bilemed
,
other
to
deth
ido
.
Be
granted
eke
yuf
eni
man
the
Kings
traitor
were
,
And
eni
man
is
chateux
to
holi
chirch
here
That
holi
chirch
ne
solde
nought
the
chateux
there
let
That
the
K.
there
other
is
as
is
owne
is
ne
wette
.
Uor
all
that
the
felon
hath
the
Kings
it
is
And
eche
man
mai
in
holi
church
is
owne
take
iwis
.
He
granted
eke
that
a
chirche
of
the
Kings
fe
In
none
stede
ene
and
ever
ne
ssold
igiue
be
As
to
hous
of
religion
,
without
the
Kings
leve
,
And
that
he
other
the
patron
the
gift
first
gave
.
S.
Thomas
granted
well
these
and
other
mo
And
these
other
he
withsede
that
did
him
well
woe
.
1.
Yuf
bituene
twei
leud
men
were
eni
striving
,
Other
bituene
a
leud
and
a
clerc
,
for
holi
chirch
thing
As
vor
vouson
of
chirch
whether
shold
the
chirch
giue
,
The
K.
wold
that
in
his
court
the
ple
ssold
be
driue
;
Uor
as
much
as
a
leud
man
that
the
o
parti
was
Chanliche
was
under
the
K.
&
under
no
bishop
nas
.
CHAP.
XIII
.
The
Poet
gives
account
which
of
those
Laws
were
granted
by
Thomas
a
Becket
,
which
withstood
.
Leudemen
signifies
Laymen
,
and
more
generally
all
illiterate
Persons
.
THat
which
this
Author
of
ours
calls
Leudemen
,
the
Interpreters
of
Law
,
both
our
Common
and
the
Canon
Law
call
Laicks
,
or
Laymen
.
For
as
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
i.
e.
people
,
as
it
is
derived
by
Caesar
Germanicus
,
upon
Araetus
his
Phaenomena
after
Pindar
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
i.
e.
from
a
Stone
,
denotes
a
hard
and
promiscuous
kind
of
men
;
so
the
word
Leudes
imports
the
illiterate
herd
,
the
multitude
or
rabble
,
and
all
those
who
are
not
taken
into
holy
Orders
.
Justus
Lipsiu●
in
his
Poliorceticks
,
discourses
this
at
large
;
where
he
searches
out
the
origination
of
Leodium
or
Liege
,
the
chief
City
of
the
Eburones
in
the
Netherlands
.
As
to
what
concerns
our
language
,
John
Gowes
and
Jeoffry
Chaucer
,
who
were
the
Reformers
and
Improvers
of
the
same
in
Verse
,
do
both
make
it
good
.
Thus
Jeoffry
.
No
wonder
is
a
leude
man
to
rust
If
a
Priest
be
foule
on
whom
we
trust
.
However
,
that
it
signifies
an
illiterate
or
unlearned
person
,
as
well
as
one
not
yet
in
orders
;
what
he
saith
elsewhere
,
informs
us
.
This
every
leud
Uicar
and
Parson
can
say
.
And
Peter
of
Blois
,
and
others
,
use
this
expression
;
as
well
Laymen
as
Scholars
.
But
let
not
Chaucer
take
it
ill
,
that
here
he
must
give
way
to
our
Glocester
Muse.
II.
Another
was
that
no
clere
,
ne
bishop
nath
mo
,
Ne
ssolde
without
Kings
leue
out
of
the
lond
go
.
And
that
hii
ssolde
suere
up
the
boke
ywis
.
That
hii
ne
sold
purchas
no
uvel
the
K.
ne
none
of
is
.
III.
The
third
was
yuf
eni
man
in
mausing
were
I
brought
,
And
suth
come
to
amendment
,
ne
age
were
nought
That
he
ne
suore
vp
the
boc
,
ac
borowes
find
solde
To
stand
to
that
holy
Chirch
there
of
him
toky
wold
.
IV.
The
verth
was
that
no
man
that
of
the
K.
buld
ought
In
cheife
or
in
eni
servise
in
mausing
were
ibrought
,
Bote
the
wardeins
of
holy
chirch
that
brought
him
thereto
,
The
K.
sede
or
is
bailifes
wat
he
ad
misdo
,
And
loked
verst
were
thei
to
amendment
it
bring
,
And
bote
hii
wolde
by
their
leue
do
the
mausing
.
V.
The
vift
was
,
that
bishoprikes
and
Abbeis
also
That
vacans
were
of
prelas
in
the
K.
hand
were
ido
,
And
that
the
K.
sold
all
the
land
as
is
owne
take
,
Uort
at
last
that
him
lust
eni
prelat
there
make
.
And
than
thulke
prelat
sould
in
is
chapel
ichose
be
.
Of
is
clarks
which
he
wuld
to
such
prelace
bise
.
And
than
wan
he
were
ichose
in
is
chapel
right
yere
,
Homage
he
solde
him
do
ar
he
confirmed
were
.
VI.
The
sixt
was
yuf
eni
play
to
chapitle
wore
idraw
,
And
eni
man
made
is
appele
,
yuf
me
dude
him
unlaw
,
That
to
the
Bishop
from
Ercedeken
is
appele
sold
make
,
And
from
Bishop
to
Arcebissop
and
suth
none
other
take
,
And
but
the
Ercebisops
court
to
right
him
wold
bring
,
That
he
sold
from
him
be
cluthe
biuore
the
King.
And
from
the
K.
non
other
mo
so
that
attan
end
Plaining
of
holi
chirch
to
the
K.
shold
wend.
And
the
K.
amend
solde
the
Ercebissops
dede
,
And
be
as
in
the
Popes
stude
,
and
S.
Thomas
it
withsede
.
VII
.
The
seuethe
was
that
plaiding
that
of
det
were
To
yeld
wel
thoru
truth
i●light
,
and
nought
i●old
nere
Althei
thoru
truth
it
were
,
that
ple
sold
be
ibrought
Biuore
the
K.
and
is
bailies
and
to
holy
chirch
nought
.
VIII
.
The
eighth
that
in
the
lond
citation
none
nere
Thoru
bull
of
the
Pope
of
Rome
,
and
clene
bileued
were
.
IX
.
The
nithe
was
that
Peters
pence
that
me
gadereth
manion
The
Pope
nere
nought
on
isend
,
ac
the
K.
echone
.
X.
The
tethe
was
yuf
eni
Clarke
as
felon
were
itake
,
And
vor
felon
iproved
and
ne
might
it
not
forsake
,
That
me
sold
him
verst
disordein
and
suth
thoru
there
law
.
And
thoru
judgement
of
the
land
hong
him
other
to
draw
.
Uor
these
and
vor
other
mo
the
Godeman
S.
Thomas
Fleu
verst
out
of
England
and
eke
imartred
was
,
Uor
he
sei
there
nas
hote
o
way
other
he
must
stiffe
be
Other
holy
chirch
was
isent
,
that
of
right
was
so
fre
.
CHAP.
XIV
.
The
Pope
absolves
Thoms
a
Becket
from
his
Oath
,
and
damns
the
Laws
of
Clarendon
.
The
King
resents
it
,
writes
to
his
Sheriffs
,
Orders
a
Scisure
.
Penalties
inflicted
on
Kindred
.
He
provides
against
an
Interdict
from
Rome
.
He
summons
the
Bishops
of
London
and
Norwich
.
An
Account
of
Peter
Pence
.
TO
the
Laws
of
Clarendon
,
which
I
spoke
of
,
the
States
of
the
Kingdom
(
the
Baronage
)
and
with
them
the
Arch-Bishop
of
Canterbury
,
took
their
Oaths
in
solemn
manner
,
calling
upon
God.
There
were
Embassadors
sent
to
Pope
Alexander
the
third
,
that
there
might
be
that
bottom
also
,
that
he
would
further
confirm
and
ratifie
them
.
But
he
was
so
far
from
doing
that
,
that
he
did
not
only
pretend
that
they
did
too
much
derogate
from
the
priviledge
of
the
Clergy
,
and
wholly
refuse
to
give
his
assent
to
them
;
but
also
having
absolved
Thomas
the
Arch-Bishop
,
at
his
own
request
,
from
the
obligation
of
that
Oath
he
had
bound
himself
with
,
he
condemned
them
as
impious
,
and
such
as
made
against
the
interest
and
honour
of
holy
Church
.
King
Henry
,
as
soon
as
he
heard
of
it
,
took
it
,
as
it
was
fit
he
should
,
very
much
in
dudgeon
;
grievously
and
most
deservedly
storming
at
the
insolence
of
the
Roman
Court
,
and
the
Treachery
of
the
Bishop
of
Canterbury
.
Immediately
Letters
were
dispatcht
to
the
several
Sheriffs
of
the
respective
Counties
,
That
if
any
Clerk
or
Layman
in
their
Bayliwicks
,
should
appeal
to
the
Court
of
Rome
,
they
should
seise
him
and
take
him
into
firm
custody
;
till
the
King
give
order
what
his
pleasure
is
:
And
that
they
should
seise
into
the
Kings
hand
,
and
for
his
use
,
all
the
Revenues
and
Possessions
of
the
Arch-Bishops
Clerks
;
and
of
all
the
Clerks
that
are
with
the
Arch-Bishop
;
they
should
put
by
way
of
safe
pledge
the
Fathers
,
Mothers
,
and
Sisters
,
Nephews
and
Neeces
,
and
their
Chattels
,
till
the
King
give
order
what
his
pleasure
is
.
I
have
told
the
Story
out
of
Matthew
Paris
.
You
see
in
this
instance
a
penalty
,
where
there
is
no
fault
:
It
affects
or
reaches
to
their
Kindred
both
by
Marriage
and
Blood
?
a
thing
not
unusual
in
the
declension
of
the
Roman
Empire
after
Angust●●s
his
time
.
But
let
misdemeanors
hold
or
oblige
those
who
are
the
Authors
of
them
(
was
the
Order
of
Arcali●s
and
Honorius
,
Emperors
,
to
the
Lord
Chief
Justice
E●t●chianus
)
nor
let
the
fear
of
punishment
proceed
further
than
the
offence
is
found
.
A
very
usual
right
among
the
English
,
whereby
bating
the
taking
away
the
Civil
Rights
of
Blood
and
Nobility
,
none
of
the
Posterity
or
Family
of
those
who
lose
their
honours
,
do
for
the
most
hainous
crimes
of
their
Parents
,
undergo
any
penalties
.
But
this
was
not
all
,
in
those
Letters
I
mentioned
,
he
added
threats
also
.
63.
If
any
one
shall
be
sound
carrying
Letters
or
a
Mandate
from
the
Pope
,
or
Thomas
,
Arch-Bishop
of
Canterbury
,
containing
an
interdiction
of
Christian
Religion
in
England
,
let
him
be
seised
and
kept
in
hold
,
and
let
Justice
be
done
upon
him
without
delay
,
as
a
Traitor
against
the
King
and
Kingdom
.
This
Roger
of
Hoveden
stands
by
,
ready
to
witness
.
64.
Let
the
Bishops
of
London
and
Norwich
be
summon'd
,
that
they
may
be
before
the
Kings
Justices
to
do
right
(
i.
e.
to
answer
to
their
charge
,
and
to
make
satisfaction
)
that
they
have
contrary
to
the
Statutes
of
the
Kingdom
,
interdicted
the
Land
of
Earl
Hugh
,
and
have
inflicted
a
sentence
of
Excommunication
upon
him
.
This
was
Hugh
Bigod
,
Earl
of
Norfolk
.
65.
Let
St.
Peters
pence
be
collected
,
or
gathered
,
and
kept
safe
.
Those
Pence
were
a
Tribute
or
Alms
granted
first
by
Ina
King
of
the
West-Saxons
;
yearly
at
Lammas
to
be
gathered
from
as
many
as
had
thirty
pence
(
as
we
read
it
in
the
Confessor's
Laws
)
of
live-mony
in
their
house
.
These
were
duly
,
at
a
set
time
,
paid
in
,
till
the
time
of
Henry
the
eighth
,
when
he
set
the
Government
free
from
the
Papal
Tyranny
:
About
which
time
Polydore
Virgil
was
upon
that
account
in
England
,
Treasurer
,
or
Receiver
general
.
I
thought
fit
to
set
down
an
ancient
brief
account
of
these
pence
,
out
of
a
Rescript
of
Pope
Gregory
to
the
Arch-Bishops
of
Canterbury
and
York
,
in
the
time
of
King
Edward
the
second
.
Diocess
li.
s.
d.
Canterbury
07
18
00
London
16
10
00
Rochester
05
12
00
Norwich
21
10
00
Ely
05
00
00
Lincoln
42
00
00
Coventry
10
05
00
Chester
08
00
00
Winchester
17
06
08
Exceter
09
05
00
Worcester
10
05
00
Hereford
06
00
00
Bath
12
05
00
York
11
10
00
Salisbury
17
00
00
It
amounts
to
three
hundred
Marks
and
a
Noble
;
that
is
,
two
hundred
Pounds
sterling
,
and
six
Shillings
and
eight
Pence
.
You
are
not
to
expect
here
the
murder
of
Thomas
a
Becket
,
and
the
story
how
King
Henry
was
purged
of
the
crime
,
having
been
absolved
upon
hard
terms
.
Conveniunt
cymbae
vela
minora
me●
.
My
little
Skiff
bears
not
so
great
a
Sail.
CHAP.
XV.
A
Parliament
at
Northampton
.
Six
Circuits
ordered
.
A
List
of
the
then
Justices
.
The
Jury
to
be
of
twelve
Knights
.
Several
sorts
of
Knights
.
In
what
cases
Honorary
Knights
to
serve
in
Juries
.
Those
who
come
to
Parliament
by
right
of
Peerage
,
sit
as
Barons
.
Those
who
come
by
Letters
of
Summons
,
are
styled
Chevaliers
.
NOt
long
after
,
the
King
and
the
Barons
meet
at
Northampton
.
They
treat
concerning
the
Laws
and
the
administration
of
Justice
:
At
length
the
Kingdom
being
divided
into
six
Provinces
or
Circuits
,
there
are
chosen
from
among
the
Lawyers
,
some
,
who
in
every
of
those
Provinces
might
preside
in
the
Seat
of
Justice
,
Commissioned
by
the
Name
of
Itinerant
Justices
,
or
Justices
in
Eyre
.
See
here
the
List
and
Names
of
those
Justices
out
of
Hoveden
.
Hugh
de
Cressi
.
Walter
Fitz-Robert
.
Robert
Mantel
.
for
Norfolk
.
Suffolk
.
Cambridge
.
Huntington
.
Bedford
.
Buckingham
.
Essex
.
Hertford
.
Hugh
de
Gundeville
.
William
Fitz-Ralph
.
William
Basset
.
for
Lincoln
.
Nottingham
.
Darby
.
Stafford
.
Warwick
.
Northampton
.
Leicester
.
Robert
Fitz-Bernard
.
Richard
Gifford
.
Roger
Fitz
-
Reinfrai
.
for
Kent
.
Surrey
.
Southampton
.
Sussex
.
Barkshire
.
Oxford
.
William
Fitz-Steeven
.
Bertam
de
Uerdun
.
Turstan
Eitz-Simon
.
for
Hereford
.
Glocester
.
Worcester
.
Shropshire
.
Ralph
Fitz-Steeven
.
William
Ruffus
.
Gilbert
Pipard
.
for
Wiltshire
.
Dorsetshire
.
Somersetshire
.
Devonshire
.
Cornwall
.
Robert
de
Wals.
Ralph
de
Glanville
.
Robert
Pikenot
.
for
York
.
Richmond
.
Lancashire
.
Copland
.
Westmoreland
.
Northumberland
.
Cumberland
.
These
he
made
to
take
an
Oath
,
that
they
would
themselves
,
bona
fide
,
in
good
faith
,
and
without
any
deceit
or
trick
,
(
't
is
the
same
Author
whose
words
I
make
use
of
)
keep
the
under-written
Assizes
,
and
cause
them
inviolably
to
be
kept
by
the
men
of
the
Kingdom
.
He
mentions
them
under
this
specious
Title
.
The
ASSISES
of
King
HENRY
,
made
at
Clarendon
,
and
renewed
at
Northampton
.
66.
If
any
one
be
called
to
do
right
(
or
be
served
with
a
Writ
)
before
the
Justices
of
our
Lord
the
King
,
concerning
Murder
,
or
Theft
,
or
Robbery
,
or
the
receiving
and
harbouring
of
those
who
do
any
such
thing
;
or
concerning
Forgery
,
or
wicked
setting
fire
of
houses
,
&c.
let
him
upon
the
Oath
of
twelve
Knights
of
the
Hundred
;
or
if
there
be
no
Knights
there
,
then
upon
the
Oath
of
twelve
free
and
lawful
men
,
and
upon
the
Oath
of
four
men
out
of
each
Village
of
the
Hundred
,
let
him
go
to
the
Ordeal
of
Water
,
and
if
he
perish
,
i.
e.
sink
,
let
him
lose
one
foot
.
The
Knights
who
are
wanting
here
,
are
perhaps
those
who
hold
by
Knights
service
,
or
if
you
had
rather
,
that
hold
by
Fee
;
betwixt
whom
,
and
those
who
served
in
War
for
wages
or
pay
,
which
in
the
Books
of
Fees
are
called
Solidatae
(
the
same
peradventure
as
by
Caesar
are
termed
Soldurii
,
that
is
,
Soldiers
;
by
Nicolaus
Damascenus
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
by
our
Monks
,
Bracton
,
Otho
Frisingensis
,
and
Radevicus
,
in
the
Camp
Laws
of
Barbarossa
,
are
styled
Servientes
,
that
is
,
Serjeants
)
there
is
an
apparent
difference
;
both
of
them
being
placed
far
below
the
dignity
of
those
honorary
Knights
,
who
are
called
Equites
aurati
.
But
yet
I
do
very
well
know
,
that
these
honorary
Knights
also
were
of
old
time
,
and
are
now
by
a
most
certain
right
called
forth
to
some
Tryals
by
Jury
.
To
the
Kings
Great
or
Grand
Assise
(
I
say
)
and
to
a
Suit
of
Law
contested
,
when
a
Baron
of
Parliament
is
Party
on
one
side
,
i.
e.
Plaintiff
or
Defendant
.
To
the
Assise
,
in
that
it
is
the
most
solemn
and
honourable
way
of
Tryal
,
and
that
which
puts
an
utter
end
to
the
claim
of
the
Party
that
is
cast
.
To
such
an
unequal
suit
,
that
there
may
be
some
equality
of
Name
or
Title
as
to
some
one
,
at
least
,
of
the
Judges
(
for
the
Jury
or
twelve
men
are
upon
such
occasion
Judges
made
)
and
as
to
the
more
honourable
of
the
two
parties
,
whether
Plaintiff
or
Defendant
.
For
the
Peers
of
Parliament
,
who
are
the
greater
Nobles
(
amongst
whom
by
reason
of
their
Baronies
,
Arch-Bishops
and
Bishops
,
heretofore
a
great
many
Abbots
)
such
as
are
Dukes
,
Marquesses
,
Earls
,
Viscounts
,
and
Barons
;
who
though
they
be
distinguished
by
Order
and
honorary
Titles
,
yet
nevertheless
they
sit
in
Parliament
,
only
as
they
are
Barons
of
the
Realm
.
And
those
who
at
the
Kings
pleasure
are
called
in
by
Letters
of
summons
,
as
Lawyers
term
it
,
are
styled
Chevaliers
,
not
Barons
.
For
that
of
Chevalier
was
a
Title
of
Dignity
;
this
of
Baron
anciently
rather
of
Wealth
,
and
great
Estate
.
Which
Title
only
such
Writs
of
Summons
bestowed
till
Richard
the
seconds
time
,
who
was
the
first
that
by
Patent
made
John
Bea●champ
of
Holt
,
Baron
of
Kiderminster
:
Now
both
ways
are
in
fashion
.
CHAP.
XVI
.
The
person
convict
by
Ordeal
,
to
quit
the
Realm
within
Forty
dayes
.
Why
Forty
dayes
allowed
.
An
account
of
the
Ordeals
by
Fire
and
Water
.
Lady
Emme
clear'd
by
going
over
burning
Coulters
.
Two
sorts
of
tryal
by
Water
.
Learned
conjectures
at
the
rise
and
reason
of
these
customs
.
These
Ordeals
,
as
also
that
of
single
Combat
condemned
by
the
Church
.
67.
AT
Northampton
it
was
added
for
the
rigour
of
Justice
,
(
remember
what
was
said
in
the
foregoing
Chapter
)
that
he
should
in
like
manner
lose
his
right
Hand
or
Fist
with
his
Foot
,
and
forswear
the
Realm
,
and
within
Forty
Dayes
go
out
of
the
Kingdom
into
banishment
.
(
He
had
the
favour
of
Forty
Dayes
allowed
him
,
so
saith
Bracton
,
that
in
the
mean
time
he
might
get
help
of
his
friends
to
make
provision
for
his
Passage
and
Exile
.
)
And
if
upon
the
tryal
by
water
he
be
clean
,
i.
e.
innocent
,
let
him
find
pledges
,
and
remain
in
the
Realm
,
unless
he
be
arighted
for
Murder
,
or
any
base
Felony
,
by
the
Community
or
Body
of
the
County
,
and
of
the
Legal
Knights
of
the
Countrey
,
concerning
which
,
if
he
be
arighted
in
manner
aforesaid
,
although
he
be
clean
by
the
tryal
of
Water
;
nevertheless
let
him
quit
the
Realm
within
Forty
Dayes
,
and
carry
away
his
Chattels
along
with
him
,
saving
the
right
of
his
Lords
,
and
let
him
forswear
the
Realm
at
the
mercy
of
our
Lord
the
King.
Here
let
me
say
a
little
concerning
the
Tryal
by
Fire
and
Water
,
or
the
Ordeals
.
It
is
granted
,
that
these
were
the
Saxons
wayes
of
tryal
,
rashly
and
unadvisedly
grounded
upon
Divine
Miracle
.
They
do
more
appertain
to
Sacred
Rites
,
than
to
Civil
Customs
;
for
which
reason
we
past
them
by
in
the
former
Book
,
and
this
place
seemed
not
unseasonable
to
put
the
Reader
in
mind
of
them
.
He
who
is
accused
,
is
bound
to
clear
himself
(
't
is
Ralph
Glanvill
writes
this
)
by
the
Judgement
of
God
,
to
wit
,
by
hot
burning
Iron
,
or
by
Water
,
according
to
the
different
condition
of
men
:
by
burning
hot
Iron
,
if
it
be
a
free-man
;
by
Water
,
if
he
be
a
Countrey-man
or
Villain
.
The
party
accused
did
carry
in
his
hand
a
piece
of
Iron
glowing
hot
,
going
for
the
most
part
two
or
three
steps
or
paces
along
,
or
else
with
the
soles
of
his
feet
did
walk
upon
red
hot
Plough-shares
or
Coulters
,
and
those
,
according
to
the
Laws
of
the
Franks
and
Lombards
,
nine
in
number
.
The
Lady
Emme
the
Confessor's
Mother
being
impeached
of
Adultery
with
Aldwin
Bishop
of
Winton
,
was
wonderfully
cleared
by
treading
upon
so
many
,
and
is
famous
for
it
in
our
Histories
,
being
preserved
safe
from
burning
,
and
proved
innocent
from
the
Crime
.
There
were
two
sorts
of
watery
Ordeal
or
tryal
by
Water
;
to
wit
,
cold
or
scalding
hot
.
The
party
was
thrown
into
the
cold
water
,
as
in
some
places
at
this
day
Witches
are
used
:
he
who
did
not
by
little
and
little
sink
to
the
bottom
,
was
condemned
as
guilty
of
the
Crime
,
as
one
whom
that
Element
,
which
is
the
outward
sign
in
the
Sacrament
of
Regeneration
,
did
not
admit
into
its
bosome
.
As
to
scalding
Water
,
ones
arm
in
that
manner
thrust
in
up
to
the
elbow
,
made
a
discovery
of
the
truth
;
and
Aelstan
a
Monk
of
Abendon
,
afterward
Bishop
of
Shirburn
,
thrusting
in
his
bare
Hand
into
a
boiling
Cauldron
,
shewed
himself
with
some
pride
to
his
Abbot
.
But
that
they
say
,
that
Rusticks
or
Vassals
only
were
tryed
by
Water
,
(
for
Water
is
ascribed
to
the
earthly
and
ignoble
nature
,
Fire
to
the
heavenly
;
so
that
from
the
use
of
Fire
peculiar
to
man
,
Firmianus
Lactantius
hath
fetcht
an
argument
for
the
Immortality
of
the
Soul
)
that
this
is
not
altogether
so
true
,
is
made
out
by
that
one
example
of
John
,
a
Noble
and
Rich
old
man
,
who
in
the
time
of
King
Henry
the
Second
,
when
,
being
charged
with
the
death
of
his
Brother
the
Earl
of
Ferrers
,
he
could
not
acquit
himself
by
the
Watery
Tryal
,
was
hang'd
on
a
Gallows
.
Whence
or
by
what
means
both
these
Customs
were
brought
in
among
Christians
,
't
is
none
of
my
business
to
make
an
over
strait
inquiry
.
I
remember
that
Fire
among
the
Ancients
was
accounted
purgative
;
and
there
is
one
in
a
Tragedy
of
Sophocles
intitled
Antigone
,
who
of
his
own
accord
profest
to
King
Creon
,
—
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
—
That
in
his
hands
be
red-hot
gads
would
kéep
,
And
over
burning
gleads
would
bare-foot
créep
.
●o
shew
himself
innocent
as
to
the
Burial
of
Polynices
.
I
pass
by
in
silence
that
Pythagorical
opinion
,
which
placeth
Fire
in
the
Centre
of
the
Universe
,
where
Jupiter
hath
his
Prison
;
which
Fire
some
,
however
the
Peripateticks
stiffly
oppose
it
,
would
have
to
be
in
plain
terms
the
Sun
,
—
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Who
all
things
overlooks
,
and
all
things
hears
.
Yet
I
shall
not
omit
this
,
that
in
the
holy
Bible
the
great
and
gracious
God
hath
of
a
truth
discovered
himself
to
mortal
conception
in
the
very
name
of
Fire
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
as
a
thing
agreeable
to
Divinity
,
as
saith
John
Reuchlin
;
and
that
S.
Paul
hath
,
according
to
the
Psalmists
mind
,
stiled
the
Ministers
of
God
,
a
flame
of
fire
.
And
indeed
to
abuse
the
holy
Scriptures
,
by
mis-interpreting
them
,
is
a
custom
too
ancient
and
too
too
common
.
Homer
and
Virgil
both
sing
of
—
Imperjuratam
Stygiamque
paludem
,
Dii
cujus
jurare
timent
&
fallere
numen
.
that
is
,
—
Th'
unperjur'd
Stygian
lake
,
Whose
name
the
Gods
do
fear
in
vain
to
take
.
We
read
of
the
Infants
of
the
Celts
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Try'd
in
the
streams
of
sacred
Flood
,
Whether
of
right
or
of
ba●e
blood
;
as
it
is
in
the
Greek
Epigrams
:
of
the
fountains
of
Sardinia
,
in
Solinus
:
of
the
moist
Februa
,
or
purifications
by
water
,
in
Ovids
Fastorum
:
and
of
those
Rivers
that
fell
from
Heaven
,
and
their
most
wonderful
and
hidden
natures
,
among
Natural
Philosophers
.
But
most
of
these
things
were
not
known
peradventure
in
our
Ordeals
.
Yet
Martin
Del
Rio
,
a
man
of
various
Reading
and
exquisite
Learning
,
hath
in
his
Magical
Inquiries
offered
a
conjecture
,
that
the
tryal
by
Water
crept
into
use
from
a
paltry
imitation
of
the
Jews
Cup
of
Jealousie
.
Truth
is
,
a
great
many
instances
both
of
this
way
of
trying
by
Water
and
of
that
by
Fire
,
are
afforded
by
the
Histories
of
the
Danes
,
Saxons
,
Germans
,
Franks
,
Spaniards
,
in
a
word
,
of
the
whole
Christian
World.
An
quia
cunctarum
concordia
semina
rerum
,
Sunt
duo
discordes
Ignis
&
Vnda
dei
,
Junxerunt
elementa
Patres
?
was
it
,
saith
the
Poet
,
'Cause
the
two
diff'ring
Gods
,
Alwayes
at
ods
,
That
of
Water
,
that
of
Fire
,
Which
yet
in
harmony
conspire
The
seeds
of
all
things
fitly
joyn'd
;
Therefore
our
Fathers
have
these
two
combin'd
.
Or
was
it
,
because
that
the
Etymologie
of
the
Word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Hashamaim
,
that
is
,
Heaven
,
(
for
the
Heavens
themselves
were
the
feigned
Gods
of
the
Gentiles
)
some
are
pleased
with
the
deriving
it
from
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Esh
,
i.
e.
Fire
and
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Maim
,
i.
e.
Water
:
Let
some
more
knowing
Janus
tell
you
.
—
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
For
my
part
I
shall
not
this
game
pursue
;
Why
should
I
lose
my
time
and
labour
too
?
The
superstitions
and
fopperies
,
the
rites
and
usages
,
the
lustrations
and
purifyings
,
the
Prayers
and
Litanies
,
and
the
solemn
preparations
(
in
consecrating
and
conjuring
the
Water
,
&c.
)
you
have
in
Will.
Lambard
in
his
Explications
of
Law
terms
,
and
in
Matthew
Parker
Arch-Bishop
of
Canterbury
in
his
Antiquities
of
the
Brittish
Church
.
Both
of
them
together
,
with
that
other
of
single
Combat
or
Duel
(
for
that
also
was
reckoned
among
the
Ordeals
)
were
judged
by
the
Church
of
Rome
to
be
impious
customs
;
and
it
is
long
since
that
they
have
been
laid
aside
,
and
not
put
in
practice
among
the
common
ordinary
wayes
of
peoples
purging
and
clearing
themselves
.
Well
,
now
let
me
come
back
to
my
own
Country
again
,
and
return
to
Northampton
.
CHAP.
XVII
.
Other
Laws
:
Of
entertaining
of
strangers
.
An
Uncuth
,
a
Gust
,
a
Hogenhine
;
what
of
him
who
confesseth
the
Murder
,
&c.
Of
Frank
pledge
.
Of
an
Heir
under
age
.
Of
a
Widows
Dowry
.
Of
taking
the
Kings
fealty
.
Of
setting
a
time
to
do
homage
.
Of
the
Justices
duty
.
Of
their
demolishing
of
Castles
.
Of
Felons
to
be
put
into
the
Sheriffs
hands
.
Of
those
who
have
departed
the
Realm
.
68.
LEt
it
be
lawful
for
no
man
,
neither
in
Borough
nor
in
Village
or
place
of
entertainment
,
to
have
or
keep
in
his
house
,
beyond
one
night
,
any
stranger
,
whom
he
will
not
hold
to
right
,
(
that
is
,
answer
for
his
good
behaviour
)
unless
the
person
entertain'd
shall
have
a
reasonable
Essoin
or
excuse
,
which
the
Master
or
Host
of
the
house
is
to
shew
to
his
neighbours
;
and
when
the
Guest
departs
,
let
him
depart
in
presence
of
the
neighbours
,
and
in
the
day
time
.
Hither
belongs
that
of
Bracton
.
He
may
be
said
to
be
of
ones
family
,
who
shall
have
lodged
with
another
for
the
space
of
three
nights
;
in
that
the
first
night
he
may
be
called
Uncuth
,
i.
e.
Unknown
,
a
Stranger
;
but
the
second
night
Gust
,
i.
e.
a
Guest
or
Lodger
;
the
third
night
Hogenhine
(
I
read
Hawan
man
)
i.
e.
in
Greek
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
in
Latin
Familiaris
,
one
of
the
family
.
69.
If
any
one
shall
be
seised
for
Murder
,
or
for
Theft
,
or
Robbery
,
or
Forgery
,
and
be
knowing
thereof
,
(
i.
e.
shall
confess
it
)
or
for
any
other
Felony
which
he
shall
have
done
,
before
the
Provost
(
the
Master
or
Bailiff
of
the
Hundred
or
Borough
,
and
before
lawful
men
,
he
cannot
deny
it
afterwards
before
the
Justices
.
And
if
the
same
person
without
Seisin
(
with
Seisin
in
this
place
is
the
same
as
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
as
we
commonly
say
in
our
Language
,
taken
with
the
manner
)
shall
recognize
or
acknowledge
any
thing
of
this
nature
before
them
,
this
also
in
like
manner
he
shall
not
be
able
to
deny
before
the
Justices
.
70.
If
any
one
shall
dye
holding
in
Frank
Pledge
(
i.
e.
having
a
free
Tenure
)
let
his
heirs
remain
in
such
Seisin
,
as
their
Father
had
on
the
day
he
was
alive
and
dyed
,
of
his
fee
,
and
let
them
have
his
Chattels
,
out
of
which
they
may
make
also
the
devise
or
partition
of
the
deceased
,
(
that
is
,
the
sharing
of
his
goods
according
to
his
will
)
and
afterwards
may
require
of
their
Lord
,
and
do
for
their
relief
and
other
things
,
which
they
ought
to
do
as
touching
their
Fee
(
i.
e.
in
order
to
their
entring
upon
the
estate
.
)
71.
If
the
heir
be
under
age
,
let
the
Lord
of
the
Fee
take
his
homage
,
and
have
him
in
custody
or
keeping
for
as
long
time
as
he
ought
;
let
the
other
Lords
,
if
there
be
more
of
them
,
take
his
homage
,
and
let
him
do
to
them
that
which
he
ought
to
do
.
72.
Let
the
Wife
of
the
deceased
have
her
Dowry
,
and
that
part
of
his
Chattels
,
which
of
right
comes
to
her
.
In
former
times
peradventure
it
was
a
like
generally
practised
by
the
English
,
that
the
Wife
and
Children
should
have
each
their
lawful
Thirds
of
the
estate
;
(
each
of
them
,
I
say
,
if
they
were
in
being
;
but
half
to
the
Wife
,
if
there
were
no
issue
;
and
as
much
to
the
Children
,
if
the
Wife
did
not
survive
her
Husband
:
)
as
it
was
practised
by
the
Romans
of
old
according
to
the
Falcidian
Law
,
and
of
later
time
by
the
Novells
of
Justinian
,
that
they
should
have
their
Quarter
▪
part
.
For
I
see
that
those
of
Normandy
,
of
Arras
,
of
Ireland
,
people
that
lay
round
about
them
,
had
the
same
custom
.
Of
this
you
are
to
see
Glanvill
,
Bracton
,
the
Register
of
Briefs
or
Writs
,
and
William
Lindwood
,
beside
the
Records
or
yearly
Reports
of
our
Law.
73.
Let
the
Justices
take
the
Fealties
of
our
Lord
the
King
before
the
close
of
Easter
,
and
at
furthest
before
the
close
of
Pentecost
;
namely
,
of
all
Earls
,
Barons
,
Knights
and
Free-holders
,
and
even
of
Rusticks
or
Vassals
,
such
as
have
a
mind
to
stay
in
the
Realm
;
and
he
who
will
not
do
featly
,
let
him
be
taken
into
custody
as
an
enemy
of
our
Lord
the
King.
74.
The
Justices
have
also
this
to
give
in
charge
,
that
all
those
,
who
have
not
as
yet
done
their
homage
and
allegiance
to
our
Lord
the
King
,
do
at
a
term
of
time
;
which
they
shall
name
to
them
,
come
in
and
do
homage
and
allegiance
to
the
King
as
to
their
Liege
Lord.
75.
Let
the
Justices
do
all
acts
of
Justice
and
rights
belonging
to
our
Lord
the
King
by
a
Writ
of
our
Lord
the
King
,
or
of
them
who
shall
be
in
his
place
or
stead
,
as
to
a
half-Knights
fee
and
under
;
(
a
Knights
'
fee
in
an
old
Book
,
which
pretends
to
more
antiquity
by
far
than
it
ought
,
concerning
the
manner
of
holding
Parliaments
,
is
said
to
be
twenty
pounds
worth
of
Land
in
yearly
revenue
,
but
the
number
prefixt
before
the
Red
Book
of
the
Exchequer
goes
at
the
rate
of
Six
Hundred
and
Eighty
Acres
:
)
unless
the
complaint
be
of
that
great
concern
,
that
it
cannot
be
determined
without
our
Lord
the
King
,
or
of
that
nature
that
the
Justices
by
reason
of
their
own
doubting
refer
it
to
him
,
or
to
those
who
shall
be
in
his
place
and
stead
.
Nevertheless
let
them
to
the
utmost
of
their
ability
intend
and
endeavour
the
service
and
advantage
of
our
Lord
the
King.
76.
Let
the
Justices
provide
and
take
care
,
that
the
Castles
already
demolisht
,
be
utterly
demolished
,
and
that
those
that
are
to
be
demolished
,
be
well
levelled
to
the
ground
.
And
if
they
shall
not
do
this
,
our
Lord
the
King
may
please
to
have
the
judgement
of
his
Court
against
them
,
as
against
those
who
shew
contempt
of
his
Precept
.
77.
A
Thief
or
Robber
,
as
soon
as
he
is
taken
,
let
him
be
put
into
the
Sheriffs
hands
to
be
kept
in
safe
custody
;
and
if
the
Sheriff
shall
be
out
of
the
way
,
let
him
be
carried
or
brought
to
the
next
Constable
of
a
Castle
,
and
let
him
have
him
in
custody
,
until
he
deliver
him
up
to
the
Sheriff
.
78.
Let
the
Justices
according
to
the
custom
of
the
Land
,
cause
inquiry
to
be
made
of
those
,
who
have
departed
or
gone
out
of
the
Realm
.
And
if
they
shall
refuse
to
return
within
a
term
of
time
that
shall
be
named
,
and
to
stand
to
right
in
the
Kings
Court
(
i.
e.
to
make
their
appearance
,
and
there
to
answer
,
if
any
thing
shall
be
brought
in
against
them
)
let
them
after
that
be
outlawed
,
and
the
names
of
the
Outlaws
be
brought
at
Easter
and
at
the
Feast
of
St.
Michael
to
the
Exchequer
,
and
from
thence
be
sent
to
our
Lord
the
King.
These
Laws
were
agreed
upon
at
Northampton
.
CHAP.
XVIII
.
Some
Laws
in
favour
of
the
Clergy
.
Of
forfeitures
on
the
account
of
Forest
or
hunting
.
Of
Knights
fees
.
Who
to
bear
Arms
,
and
what
Arms.
Arms
not
to
be
alienated
.
No
Jew
to
bear
Arms.
Arms
not
to
be
carryed
out
of
England
.
Rich
men
under
suspicion
to
clear
themselves
by
Oath
.
Who
allowed
to
swear
against
a
Free-man
.
Timber
for
building
of
Ships
not
to
be
carryed
out
of
England
.
None
but
Free-men
to
bear
Arms.
Free-men
who
.
Rusticks
or
Villains
not
such
.
79.
THat
henceforth
a
Clergy-man
be
not
dragg'd
and
drawn
before
a
Secular
Judge
personally
for
any
crime
or
transgression
,
unless
it
be
for
Forest
or
a
Lay-fee
,
out
of
which
a
Lay-service
is
due
to
the
King
,
or
to
some
other
Secular
Lord.
This
priviledge
of
the
Clergy
the
King
granted
to
Hugh
the
Popes
Cardinal
Legate
,
by
the
Title
of
S.
Michael
à
Petra
,
who
arrived
here
on
purpose
to
advance
the
Popish
interest
.
80.
Furthermore
,
that
Arch-Bishopricks
,
Bishopricks
or
Abbacies
be
not
held
in
the
Kings
hand
above
a
year
,
unless
there
be
an
evident
cause
,
or
an
urgent
necessity
for
it
.
81.
That
the
Murderers
or
Slayers
of
Clergy-men
being
convicted
,
or
having
confest
before
a
Justice
or
Judge
of
the
Realm
,
be
punished
in
the
presence
of
the
Bishop
.
82.
That
Clergy-men
be
not
obliged
to
make
Duel
:
i.
e.
not
to
clear
themselves
,
as
others
upon
some
occasion
did
,
by
single
combat
.
83.
He
ordained
at
Woodstock
(
we
transcribe
these
words
out
of
Hoveden
)
that
whosoever
should
make
a
forfeit
to
him
concerning
his
Forest
,
or
his
hunting
once
,
he
should
be
tyed
to
find
safe
Pledges
or
Sureties
;
and
if
he
should
make
a
second
forfeit
,
in
like
manner
safe
Pledges
should
be
taken
of
him
;
but
if
the
same
person
should
forfeit
the
third
time
,
then
for
his
third
forfeit
,
no
pledges
should
be
taken
,
but
the
proper
body
of
him
who
made
the
forfeit
.
Moreover
,
we
meet
with
these
Military
Laws
,
or
Laws
of
Knights
fees
,
made
for
Tenants
and
other
people
of
the
common
sort
.
84.
He
who
hath
one
Knights
fee
(
't
is
the
aforesaid
Hoveden
speaks
)
let
him
have
an
Habergeon
or
Coat
of
Male
,
and
a
Helmet
or
Head
▪
piece
and
a
Buckler
or
Target
and
a
Lance
:
and
let
every
Knight
have
so
many
Habergeons
,
and
Helmets
,
and
Targets
,
and
Lances
,
as
he
shall
have
Knights
fees
in
his
demeans
.
85.
Whatsoever
Free-holder
that
is
a
Lay-man
,
shall
have
in
Chattel
or
in
Rent
and
Revenue
to
the
value
of
Sixteen
Marks
,
let
him
have
a
Coat
of
Male
,
and
a
Head-piece
,
and
a
Buckler
,
and
a
Lance.
86.
Whatsoever
Lay
person
being
a
Free-man
,
shall
have
in
Chattel
to
the
value
of
Ten
Marks
,
let
him
have
a
little
Habergeon
,
or
Coat
of
Male
,
and
a
Capelet
of
Iron
,
and
a
Lance.
87.
Let
all
Burghers
or
Towns-men
of
a
Corporation
,
and
the
whole
Communities
of
Free-men
have
a
Wambais
,
and
a
Capelet
of
Iron
,
and
a
Lance.
88.
Let
no
one
,
after
he
hath
once
had
these
Arms
,
sell
them
,
nor
pawn
them
,
nor
lend
them
,
nor
by
any
other
way
alienate
them
from
himself
,
or
part
with
them
:
nor
let
his
Lord
alienate
them
by
any
manner
of
way
from
his
man
(
i.
e.
his
Tenant
that
holds
under
him
)
neither
by
forfeit
,
nor
by
gift
,
nor
by
pledge
,
nor
by
any
other
way
.
89.
If
any
one
shall
dye
having
these
Arms
,
let
them
remain
to
his
heir
;
and
if
the
heir
be
not
of
such
estate
or
age
,
that
he
may
use
the
Arms
,
if
there
shall
be
need
,
●
let
that
person
▪
who
shall
have
them
(
the
heir
)
in
custody
,
have
likewise
the
keeping
of
the
Arms
,
and
let
him
find
a
man
,
who
may
use
the
Arms
in
the
service
of
our
Lord
the
King
,
if
there
shall
be
need
,
until
the
heir
shall
be
of
such
estate
,
that
he
may
bear
Arms
,
and
then
let
him
have
them
.
90.
Whatsoever
Burgher
shall
have
more
Arms
,
than
it
shall
behove
him
to
have
,
according
to
this
Assize
,
let
him
sell
them
,
or
give
them
away
,
or
so
dispose
of
them
from
himself
to
some
other
man
,
who
may
retain
them
in
England
in
the
service
of
our
Lord
the
King.
91.
Let
no
one
of
them
keep
by
him
more
Arms
,
than
if
shall
behove
him
according
to
this
Assize
to
have
.
92.
Let
no
Jew
keep
in
his
possession
a
Coat
of
Male
or
an
Habergeon
,
but
let
him
sell
them
,
or
give
them
,
or
in
some
other
manner
put
them
away
,
in
that
wise
that
they
may
remain
in
the
service
of
the
King
of
England
.
93.
Let
no
man
bear
or
carry
Arms
out
of
England
,
unless
it
be
by
special
order
of
our
Lord
the
King
;
nor
let
any
one
sell
Arms
to
any
one
,
who
may
carry
them
from
England
;
nor
let
Merchant
or
other
carry
or
convey
them
from
England
.
94.
They
who
are
suspected
by
reason
of
their
wealth
or
great
estate
,
do
free
or
acquit
themselves
by
giving
their
Oaths
.
The
Justices
have
Power
or
Jurisdiction
given
them
in
the
case
for
this
purpose
.
If
there
shall
be
any
,
who
shall
not
comply
with
them
(
the
Justices
)
the
King
shall
take
himself
to
the
members
or
limbs
of
such
persons
,
and
shall
by
no
means
take
from
them
their
Lands
or
Chattels
.
95.
Let
no
one
swear
upon
lawful
and
free-men
,
(
i.e.
in
any
matter
against
or
concerning
them
)
who
hath
not
to
the
value
of
Sixteen
or
Ten
Marks
in
Chattel
.
96.
Let
no
one
,
as
he
loves
himself
and
all
that
he
hath
,
buy
or
sell
any
Ship
to
be
brought
from
England
;
nor
let
any
one
carry
,
or
cause
to
be
carryed
out
of
England
Timber
for
the
building
of
Ships
.
97.
Let
no
one
be
received
or
admitted
to
the
Oath
of
bearing
Arms
but
a
Free-man
.
To
bring
once
for
all
something
concerning
a
Free
man
,
that
may
not
be
beside
the
purpose
.
The
ancient
Law
of
England
bestowed
that
name
only
upon
such
persons
,
as
many
as
,
either
being
honoured
by
the
Nobility
of
their
Ancestors
,
or
else
out
of
the
Commonalty
being
of
ingenuous
Birth
(
to
wit
,
of
the
Yeomanry
)
did
not
hold
that
rustick
fee
or
Tenure
of
Villenage
)
dedicated
to
Stercutius
(
the
God
of
Dunghils
)
and
necessarily
charged
and
burthened
with
the
Plough
tail
,
the
Wain
,
and
the
Dray
,
which
are
the
hard
Countrey-folks
Arms
and
Implements
.
To
this
purpose
makes
the
term
of
Rustick
or
Countrey-man
above
mentioned
in
the
Statutes
of
Clarendon
,
and
the
place
of
Glanvill
cited
in
the
Tryal
of
Ordeal
.
That
the
business
may
be
more
clearly
asserted
;
a
Suit
of
Law
being
waged
in
the
time
of
Edward
the
First
,
betwixt
John
Levin
Plaintiff
and
the
Prior
of
Bernwell
Defendant
(
I
have
taken
the
Story
out
of
an
old
Manuscript
,
and
the
Reports
of
our
Law
,
and
the
Collection
or
Body
of
the
Royal
Rescripts
do
agree
to
it
)
it
was
then
,
after
several
disputes
bandied
to
and
fro
,
and
with
earnestness
enough
,
decided
by
the
judgement
of
the
Court
,
that
those
Tenants
which
hold
in
fee
from
the
ancient
Domain
of
the
Crown
,
as
they
call
it
,
are
by
no
means
comprehended
under
the
title
of
free-men
;
as
those
who
driving
their
labour
around
throughout
the
year
pay
their
daily
Vows
to
Ceres
the
Goddess
of
Corn
,
to
Pales
the
Goddess
of
Shepherds
,
and
to
Triptolemus
the
Inventer
of
Husbandry
or
Tillage
,
and
keep
a
quarter
with
their
Gee
Hoes
about
their
Chattel
.
And
now
death
hath
put
an
end
to
King
Henry's
Reign
.
And
I
also
having
made
an
end
of
his
Laws
,
so
far
as
Histories
do
help
me
out
,
do
at
the
last
muster
and
arm
my
Bands
for
the
guard
of
my
Frontiers
.
I
wish
they
may
be
of
force
enough
against
Back-biters
.
CHAP.
XIX
.
Of
Law-makers
.
Our
Kings
not
Monarchs
at
first
.
Several
of
them
in
the
same
County
.
The
Druids
meeting-place
where
.
Under
the
Saxons
,
Laws
made
in
a
general
Assembly
of
the
States
.
Several
instances
.
This
Assembly
under
the
Normans
called
Parliament
.
The
thing
taken
from
a
custome
of
the
ancient
Germans
.
Who
had
right
to
sit
in
Parliament
.
The
harmony
of
the
Three
Estates
.
BUt
however
Laws
are
not
without
their
Makers
and
their
Guardians
,
or
they
are
to
no
purpose
.
It
remaineth
therefore
that
we
say
somewhat
in
general
of
them
.
They
are
made
either
by
Use
and
Custom
(
for
things
that
are
approved
by
long
Use
,
do
obtain
the
force
of
Law
)
or
by
the
Sanction
and
Authority
of
Law-givers
.
Of
ancient
time
the
Semnothei
,
the
Kings
and
the
Druids
were
Law-givers
;
amongst
the
Britans
I
mean.
Concerning
the
Semnothei
whatsoever
doth
occurr
you
had
before
.
The
Kings
were
neither
Monarchs
of
the
whole
Island
,
nor
so
much
as
of
that
part
of
Brittany
that
belonged
to
the
Angles
.
For
there
were
at
the
same
time
over
the
single
County
of
Kent
four
Kings
;
to
wit
,
Cyngetorix
,
Carvilius
,
Taximagulus
,
and
Segonax
;
and
at
the
same
rate
in
other
Counties
.
Wherefore
we
have
no
reason
to
make
any
question
,
but
that
part
wherein
we
live
,
now
called
England
,
was
governed
by
several
persons
,
and
was
subject
to
an
Aristocracy
:
according
to
what
Polydore
Virgil
,
John
Twine
,
David
Powell
and
others
have
informed
us
.
The
Druids
were
wont
to
meet
,
to
explain
the
Laws
in
being
,
and
to
make
new
ones
as
occasion
required
,
as
is
most
likely
,
in
some
certain
place
designed
for
that
purpose
;
as
now
at
this
very
time
all
matters
of
Law
go
to
be
decided
at
Spire
in
Germany
,
at
Westminster-Hall
in
England
,
and
Paris
in
France
.
Their
publick
Convention
or
Meeting-place
was
constantly
,
as
Julius
Caesar
tells
us
,
in
the
borders
of
the
Carnutes
the
middle
Region
of
all
France
.
Some
think
that
a
Town
at
eight
Miles
distance
from
the
Metropolis
of
those
people
commonly
called
Dreux
,
was
designed
for
that
use
.
Whilst
the
Saxons
governed
,
the
Laws
were
made
in
the
General
Assembly
of
the
States
or
Parliament
.
In
the
front
of
King
Ina's
Laws
(
't
is
above
Eight
Hundred
and
Eighty
years
that
he
first
reigned
)
we
read
thus
,
It
Ine
mid
godes
gift
West-Saxna
Cyning
mid
getbeat
a
mid
lere
Cenredes
mines
fader
a
hedde
a
Erconwald
mine
hiscops
a
mid
eallum
minum
,
ealdor
mannum
,
&
tham
yldestan
Witan
mines
theode
be
beodeth
,
&c.
which
in
our
present
.
English
speaks
thus
,
I
Ina
by
the
Grace
of
God
King
of
the
West-Saxons
,
by
the
advice
and
order
of
Kenred
my
Father
,
and
of
Hedda
and
Erconwald
my
Bishops
,
and
of
all
my
Aldermen
,
and
of
the
Elders
and
Wise
Men
of
my
people
,
do
command
,
&c.
There
are
a
great
many
instances
of
this
kind
in
other
places
.
Moreover
Witlaf
and
Bertulph
,
who
were
Kings
of
the
Mercians
near
upon
Eight
hundred
years
ago
,
do
in
their
instruments
under
their
hands
make
mention
of
Synods
and
Councils
of
the
Prelates
and
Peers
convened
for
the
affairs
of
the
Kingdom
.
And
an
ancient
Book
has
this
passage
of
Abendon
,
Here
was
the
Royal
Seat
,
hither
when
they
were
to
treat
of
the
principal
and
difficult
points
of
State
,
and
affairs
of
the
Kingdom
,
the
people
were
used
to
meet
and
flock
together
.
To
this
may
be
added
that
which
Malmesbury
sayes
of
King
Edward
in
the
year
of
our
Lord
903.
The
King
gathered
a
Synod
or
Assembly
of
the
Senators
of
the
English
Nation
,
over
which
did
preside
Pleimund
Arch-Bishop
of
Canterbury
interpreting
expresly
the
words
of
the
Apostolical
Embassy
.
These
Assemblies
were
termed
by
the
Saxons
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
i.
e.
Meetings
of
the
Wise
Men
,
and
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
i.
e.
the
Great
Assemblies
.
At
length
we
borrowed
of
the
French
the
name
of
Parliaments
,
which
before
the
time
of
Henry
the
First
,
Polydore
Virgil
sayes
,
were
very
rarely
held
.
An
usage
,
that
not
without
good
reason
seems
to
have
come
from
the
ancient
Germans
.
So
Tacitus
sayes
of
them
,
Concerning
smaller
matters
the
Princes
only
,
concerning
things
of
greater
concern
,
they
do
all
the
whole
body
of
them
consult
;
yet
in
that
manner
,
that
those
things
also
,
which
it
was
in
the
peoples
power
to
determine
,
were
treated
of
by
the
Princes
too
.
And
I
have
one
that
hath
left
it
in
writing
,
that
when
there
was
neither
Bishop
,
nor
Earl
,
nor
Baron
,
yet
then
Kings
held
their
Parliaments
:
and
in
King
Arthur's
Patent
to
the
University
of
Cambridge
(
for
ye
have
my
leave
,
if
you
can
find
in
your
heart
,
to
give
credit
to
it
,
as
John
Key
does
)
by
the
counsel
and
assent
of
all
and
singular
the
Prelats
and
Princes
of
this
Realm
,
I
decree
.
There
were
present
at
Parliaments
,
about
the
beginning
of
the
Normans
times
,
as
many
as
were
invested
with
Thirteen
Fees
of
Knights
service
,
and
a
third
part
of
one
Fee
,
called
Baron's
,
from
their
large
Estates
:
for
which
reason
perhaps
John
Cochleius
of
Mentz
,
in
his
Epistle
Dedicatory
to
our
most
Renowned
Sir
Thomas
More
,
prefixt
before
the
Chronicle
of
Aurelius
Cassiodorus
,
calls
him
Baron
of
England
.
But
Henry
the
Third
,
the
number
of
them
growing
over
big
,
ordered
by
Proclamation
,
that
those
only
should
come
there
,
whom
he
should
think
sit
to
summon
by
Writ
.
These
Assemblies
do
now
sit
in
great
State
,
which
with
a
wonderful
harmony
of
the
Three
Estates
,
the
King
,
the
Lords
and
the
Commons
,
or
Deputies
of
the
People
,
are
joyned
together
,
to
a
most
firm
security
of
the
publick
,
and
are
by
a
very
Learned
Man
in
allusion
to
that
made
word
in
Livy
,
Panaetolium
from
the
Aetolians
,
most
rightly
called
Pananglium
,
that
is
,
all
England
.
As
in
Musical
Instruments
and
Pipes
and
in
Singing
it self
,
and
in
Voices
(
sayes
Scipio
in
Tully's
Books
of
the
Common-wealth
)
there
is
a
kind
of
harmony
to
be
kept
out
of
distinct
sounds
,
which
Learned
and
Skilful
Ears
cannot
endure
to
hear
changed
and
jarring
;
and
that
consort
or
harmony
,
from
the
tuning
and
ordering
of
Voices
most
unlike
;
yet
is
rendred
agreeing
and
suitable
:
so
of
the
highest
and
middlemost
and
lowermost
States
shuffled
together
,
like
different
sounds
,
by
fair
proportion
doth
a
City
agree
by
the
consent
of
persons
most
unlike
;
and
that
which
by
Musicians
in
singing
is
called
Harmony
:
that
in
a
City
is
Concord
,
the
straightest
and
surest
bond
of
safety
in
every
Common-wealth
,
and
such
as
can
by
no
means
be
without
Justice
.
But
let
this
suffice
for
Law-makers
.
CHAP.
XX.
The
Guardians
of
the
Laws
,
who
.
In
the
Saxons
time
seven
Chief
.
One
of
the
Kings
among
the
Heptarchs
styled
Monarch
of
all
England
.
The
Office
of
Lord
High
Constable
.
Of
Lord
Chancellor
,
ancient
.
The
Lord
Treasurer
.
Alderman
of
England
,
what
.
Why
one
called
Healfkoning
.
Aldermen
of
Provinces
and
Graves
,
the
same
as
Counts
or
Earls
and
Viscounts
or
Sheriffs
.
Of
the
County
Court
,
and
the
Court
of
Inquests
,
called
Tourn
le
Viscount
.
When
this
Court
kept
,
and
the
original
of
it
.
I
Do
scarce
meet
before
the
Saxons
times
with
any
Guardians
of
the
Laws
different
from
these
Law-makers
.
In
their
time
they
were
variously
divided
,
whose
neither
Name
nor
Office
are
as
yet
grown
out
of
use
.
The
number
is
made
up
,
to
give
you
only
the
heads
,
by
these
;
to
wit
,
the
King
,
the
Lord
HighConstable
,
the
Chancellor
,
the
Treasurer
,
the
Alderman
of
England
,
the
Aldermen
of
Provinces
and
the
Graves
.
Those
of
later
date
and
of
meaner
notice
I
pass
by
,
meaning
to
speak
but
briefly
of
the
rest
.
The
King
was
alwayes
one
amongst
the
Heptarchs
or
seven
Rulers
,
who
was
accounted
(
I
have
Beda
to
vouch
it
)
the
Monarch
of
all
England
.
Ella
King
of
the
South-Saxons
(
so
sayes
Ethelwerd
)
was
the
first
that
was
dignified
with
so
high
a
Title
and
Empire
,
who
was
Owner
of
as
large
a
Jurisdiction
as
Ecbright
;
the
second
was
Ce●lin
King
of
the
West-Angles
;
the
third
Aethelbrith
King
of
the
Kentish-men
;
the
fourth
Redwald
King
of
the
Easterlings
;
the
fifth
Edwin
King
of
Northumberland
;
the
sixth
Oswald
;
the
seventh
Osweo
,
Oswald's
Brother
;
after
whom
the
eighth
was
Ecbright
.
His
West-Saxon
Kingdom
took
in
the
rest
for
the
greatest
part
.
The
Office
of
Lord
High
Constable
,
which
disappeared
in
Edward
Duke
of
Buckingham
,
who
in
Henry
the
Eighth's
time
lost
his
Head
for
High-Treason
,
was
not
seen
till
the
latter
end
of
the
Saxons
.
One
Alfgar
Staller
is
reported
by
Richard
of
Ely
Monk
,
to
have
been
Constable
to
Edward
the
Confessor
,
and
Mr.
Camden
mentions
a
dwelling
of
his
upon
this
account
called
Plaissy
in
the
County
of
Middlesex
.
He
of
Ely
sets
him
out
for
a
Great
and
Mighty
Man
in
the
Kingdom
.
And
indeed
formerly
that
Magistrate
had
great
power
,
which
was
formidable
even
to
Kings
themselves
.
They
who
deny
there
were
any
Chancellors
before
the
coming
in
of
the
Normans
,
are
hugely
mistaken
.
Nor
are
they
disproved
only
out
of
the
Grant
of
Edward
the
Confessor
to
the
Abbot
of
Westminster
,
which
I
am
beholden
to
Mr.
Lambard
for
,
at
the
bottom
of
which
these
words
are
set
down
:
I
Syward
Publick
Notary
,
instead
of
Rembald
the
Kings
Majesties
Chancellor
,
have
written
and
subscribed
this
paper
;
but
also
out
of
Ingulph
,
who
makes
mention
of
Turketulus
,
some
while
after
that
Abbot
of
Crowland
,
Chancellor
of
King
Edred
,
by
whose
Decree
and
Counsel
were
to
be
handled
&
treated
whatsoever
businesses
they
were
,
Temporal
or
Spiritual
,
that
did
await
the
Judgement
of
the
King
;
and
being
thus
treated
of
by
him
,
might
irrefragably
stand
good
.
And
Francis
Thinn
,
that
Learned
Antiquary
has
reckoned
up
several
,
who
have
discharged
this
Office
;
as
Turketill
to
King
Ethelbald
,
Swithin
Bishop
of
Winchester
to
King
Egbert
,
Vlfin
to
King
Athelstan
,
Adulph
to
King
Edgar
,
Alsy
Abbot
and
Prelate
of
Ely
to
King
Ethelred
.
Concerning
which
Office
and
the
Seals
,
which
the
Chancellor
in
old
time
had
the
keeping
of
,
I
had
rather
you
would
consult
with
Camden's
Tribunals
or
Seats
of
Justice
,
and
those
things
which
John
Budden
at
Wainfleet
Doctor
of
Laws
has
brought
out
of
the
Archives
into
his
Palingenesia
,
than
seek
them
at
my
hands
.
As
for
Treasurers
,
Dunstan
was
so
to
King
Edred
,
and
Hugolin
to
the
Confessor
.
But
that
fifth
title
of
Alderman
of
England
,
is
an
unusual
one
.
Yet
,
if
I
don't
mistake
my self
,
he
was
the
Chief
President
in
Tryals
at
Law
,
and
an
Officer
to
keep
all
quiet
at
home
;
the
same
as
now
perhaps
is
commonly
called
the
Lord
Chief
Justice
of
England
.
This
remarkable
name
I
do
not
meet
with
,
neither
in
the
Monkish
Chronologers
,
which
are
to
be
had
at
the
Shops
,
nor
in
the
Records
of
our
Laws
.
But
a
private
History
of
the
Abbey
of
Ramsey
in
Huntingdon-shire
has
given
us
notice
of
one
Ailwins
Tomb
with
this
Inscription
,
HIC
.
REQUIESCIT
.
AILWINUS
.
INCLITI
.
REGIS
.
EADGARI
.
COGNATUS
.
TOTIUS
.
ANGLIAE
.
ALDERMANNUS
.
ET
.
HUJUS
.
SACRI
.
COENOBII
.
MIRACULOSUS
.
FUNDATOR
.
that
is
,
Here
resteth
Ailwin
Kinsman
of
the
Renowned
King
Edgar
,
Alderman
of
all
England
,
and
the
miraculous
Founder
of
this
Sacred
Monastery
.
And
by
reason
of
his
great
Authority
and
Favour
which
he
had
with
the
King
,
by
a
Nick
name
they
called
him
Healfkoning
,
i.
e.
Half-King
.
Now
H●nry
of
Huntingdon
sayes
,
that
Tostius
Earl
(
or
to
use
his
phrase
Consul
)
of
Northumberland
,
and
Harald
Sons
of
Godwin
Earl
of
Kent
were
Justices
of
the
Realm
.
Aldermen
may
aptly
be
termed
by
the
word
Senators
.
Those
Judges
did
exercise
a
delegated
power
throughout
the
Provinces
,
called
Counties
or
Shires
,
and
the
Graves
and
under-delegated
power
from
them
.
The
word
is
as
much
as
Governours
,
and
is
the
same
thing
,
as
in
High
Dutch
Grave
in
Landgrave
,
Burgrave
,
Palsgrave
,
&c.
and
what
amongst
some
of
our
own
people
Reev
.
We
shall
call
them
both
,
as
that
Age
did
,
in
a
Latin
term
,
the
one
Comites
,
i.
e.
Counts
or
Earls
,
the
other
Vicecomites
,
that
is
,
Viscounts
or
Sheriffs
.
The
name
of
Count
is
every
where
met
with
amongst
the
most
ancient
of
the
Monks
,
which
yet
does
very
often
pass
into
that
of
Duke
in
the
subscription
of
Witnesses
.
And
in
the
Charter
of
the
Foundation
of
Chertsey
Abby
in
Surrey
,
Frithwald
stiles
himself
subregulus
,
i.e.
an
under
Kingling
or
petty
Vice-Roy
to
Wulpher
King
of
the
Mercians
;
make
no
question
of
it
,
he
meant
he
was
a
Count.
A
Viscount
and
a
Vice-Lord
are
more
than
very
like
,
they
are
the
very
same
.
Ingulph
sayes
it
above
.
And
in
the
last
hand-writing
of
King
Edred
we
have
,
I
Bingulph
Vice-Lord
advised
it
,
I
Alfer
Viscount
heard
it
.
These
Counts
and
Viscounts
,
or
Earls
and
Sheriffs
had
in
their
Counties
their
several
Courts
both
for
private
and
for
publick
matters
.
For
private
affairs
they
had
every
Month
a
Meeting
called
the
County
Court.
Let
every
Grave
,
as
we
have
it
in
Edward
the
Elder
's
Laws
,
every
fourth
Week
convene
and
meet
the
people
in
Assembly
;
let
him
do
equal
right
to
every
one
,
and
determine
and
put
an
end
to
all
Suits
and
Quarrels
,
when
the
appointed
days
shall
come
.
For
publick
business
King
Edgar
ordered
the
Court
of
Inquests
or
Inquiries
,
called
Tourn
le
Uiscount
.
Let
a
Convention
or
Meeting
be
held
twice
every
year
out
of
every
County
,
at
which
let
the
Bishop
of
that
Diocess
,
and
the
Senator
,
(
i.
e.
the
Alderman
)
be
present
;
the
one
to
teach
the
people
the
Laws
of
God
;
the
other
the
Laws
of
the
Land.
What
I
have
set
down
in
William
the
First
at
the
end
of
the
fourth
Chapter
of
this
second
Book
,
you
ought
to
consider
of
here
again
in
this
place
.
The
inhabitants
did
not
meet
at
this
Court
of
Inquests
at
any
season
promiscuously
and
indifferently
,
but
as
it
is
very
well
known
by
the
use
and
ancient
Constitutions
of
the
Realm
,
within
a
Month
either
after
Easter
,
or
after
Michaelmas
.
In
which
Court
,
seeing
that
not
only
the
Count
,
as
now
a
dayes
the
Viscount
or
Sheriff
does
,
but
also
the
Bishop
did
preside
;
it
does
not
at
all
seem
difficult
to
trace
the
very
original
of
this
temporary
Law.
That
peradventure
was
the
Synod
of
Antioch
held
in
Pope
Julius
the
First
's
time
,
and
acknowledged
in
the
sixth
General
Council
held
at
Constantinople
.
In
this
latter
there
are
expresly
and
plainly
two
Councils
or
Meetings
of
the
Bishops
to
be
kept
every
year
within
three
Weeks
after
Easter
,
and
about
the
middle
of
October
,
(
if
there
be
any
small
difference
in
the
time
,
it
can
be
no
great
matter
of
mistake
)
.
You
may
help
your self
to
more
other
things
of
meaner
note
out
of
what
has
been
said
before
about
Hundreds
,
Bourghs
and
the
like
.
And
this
may
serve
in
brief
for
the
Saxons
,
who
were
entrusted
with
the
care
of
their
Laws
.
CHAP.
XXI
.
Of
the
Norman
Earls
.
Their
Fee.
Their
power
of
making
Laws
.
Of
the
Barons
,
i.e.
Lords
of
Manours
.
Of
the
Court-Baron
.
It
s
rise
.
An
instance
of
it
out
of
Hoveden
.
Other
Offices
much
alike
with
the
Saxons
.
I
Shall
be
briefer
concerning
the
Normans
,
I
mean
their
Earls
and
Barons
.
Their
Counts
or
Earls
before
the
Conquest
,
except
those
of
Leicester
,
and
perchance
some
others
,
were
but
Officers
,
and
not
as
yet
hereditary
.
When
William
bore
the
sway
,
they
began
to
have
a
certain
Fee
and
a
descent
of
Patrimony
;
having
together
with
their
Title
assigned
to
them
a
third
part
of
the
Revenues
or
Rents
,
which
did
arise
out
of
the
whole
County
to
the
Exchequer
.
This
custom
is
clear
enough
in
Gervase
of
Tilbury
in
the
case
of
Richard
de
Red●eriis
made
Earl
of
Devonshire
by
Henry
the
First
,
&
Jeoffrey
de
Magna
Villa
made
Earl
of
Essex
by
Mawd
the
Empress
.
It
seems
that
the
Saxon
Earls
had
the
self-same
right
of
sharing
with
the
King.
So
in
Doomsday
Book
we
find
it
;
The
Queen
Edeua
had
two
parts
from
Ipswich
in
Suffolk
,
and
the
Earl
or
Count
Guert
the
third
:
and
so
of
Norwich
,
that
it
paid
Twenty
Pound
to
the
King
,
and
to
the
Earl
Ten
Pound
:
so
of
the
Revenues
of
the
Borough
of
Lewes
in
Sussex
,
the
King
had
two
shares
,
and
the
Earl
the
third
.
And
Oxford
paid
for
Toll
and
Gable
,
and
other
customary
Duties
Twenty
Pound
a
year
to
the
King
,
besides
Six
Quarts
of
Honey
,
and
to
Earl
Algar
Ten
Pound
.
To
conclude
,
it
appears
also
that
these
Norman
Earls
or
Counts
had
some
power
of
making
Laws
to
the
people
of
their
Counties
.
For
instance
,
the
Monk
of
Malmesbury
tells
us
,
that
the
Laws
of
William
Fitz-Osborn
Earl
of
Hereford
remained
still
in
force
in
the
said
County
,
that
no
Souldier
for
whatsoever
offence
should
pay
above
Seven
Shillings
.
The
Writings
and
Patents
of
the
men
of
Cornwall
concerning
their
Stannaries
or
Tinn-Mines
do
prove
as
much
;
nor
need
I
tell
the
story
,
how
Godiva
Lady
to
the
Earl
Leofrick
rid
on
Horse-back
through
the
Streets
of
Coventry
with
her
hair
disshevelled
,
all
hanging
about
her
at
full
length
,
that
by
this
means
she
might
discharge
them
of
those
Taxes
and
Payments
,
which
the
Earl
had
imposed
upon
them
.
Out
of
the
Countreys
(
wherein
all
Estates
were
subject
to
Military
Service
)
the
Barons
had
their
Territories
,
as
we
call
them
Mannors
;
and
in
them
their
Courts
to
call
their
Tenants
together
,
at
the
end
of
every
three
Weeks
,
and
to
hear
and
determine
their
Causes
.
A
Civilian
,
one
Vdalricus
Zazius
,
would
have
the
original
of
these
Courts
among
other
Nations
,
to
have
come
by
way
of
imitation
from
Romulus
his
making
of
Lords
or
Patrons
,
and
their
Clanns
or
Tenants
.
The
use
of
them
at
this
day
is
common
and
ordinarily
known
.
But
to
shew
how
it
was
of
old
,
we
will
borrow
out
of
Hoveden
this
spark
of
light
.
John
Marshall
complained
to
Henry
the
Second
,
that
whereas
he
had
claimed
or
challenged
in
the
Arch-Bishops
Court
a
piece
of
Land
to
be
held
from
him
by
right
of
inheritance
,
and
had
a
long
time
pleaded
upon
it
,
he
could
obtain
no
Justice
in
the
case
,
and
that
he
had
by
Oath
falsified
the
Arch-Bishops
Court
,
(
that
is
,
proved
it
to
be
false
by
Oath
,
according
to
the
custom
of
the
Realm
:
to
whom
the
Arch-Bishop
made
answer
,
There
has
been
no
Justice
wanting
to
John
in
my
Court
;
but
he
,
I
know
not
by
whose
advice
,
or
whether
of
his
own
head
,
brought
in
my
Court
a
certain
Toper
,
and
swore
upon
it
,
that
he
went
away
from
my
Court
for
default
of
Justice
;
and
it
seemed
to
the
Justices
of
my
Court
,
that
he
did
me
the
injury
,
by
withdrawing
in
that
manner
from
my
Court
;
seeing
it
is
ordained
in
your
Realm
,
that
he
who
would
falsifie
anothers
Court
must
swear
upon
the
holy
Gospels
.
The
King
not
regarding
these
words
,
swore
,
that
he
would
have
Justice
and
Judgement
of
him
;
and
the
Barons
of
the
Kings
Court
did
judge
him
to
be
in
the
Kings
Mercy
;
and
moreover
they
fined
him
Five
Hundred
Pound
.
As
to
doing
Justice
in
all
other
Cases
,
and
managing
of
Publick
Affairs
,
the
Normans
had
almost
the
same
Names
and
Titles
of
Officers
and
Offices
as
the
Saxons
had
.
FINIS
.
A
Brief
CHRONOLOGY
TO
Attend
and
Assist
THE
HISTORY
.
In
the
Year
of
the
WORLD
.
1910.
Samothes
,
if
there
ever
were
such
a
man
,
bears
rule
.
2805.
Brutus
makes
a
descent
,
(
that
is
,
lands
with
his
Trojans
)
in
Cornwall
or
Devonshire
.
3516.
Dunvallo
Molmutius
swayes
the
Scepter
.
3627.
Martia
,
Dowager
of
King
Quintilen
,
is
Queen
Regent
during
the
Minority
of
her
Son
Sisillius
the
First
.
3942.
Caius
Julius
Caesar
arrives
at
Deal
on
the
Sea-Coast
of
Kent
,
and
Territa
quaesitis
ostendit
terga
Britannis
,
that
is
,
Having
inquiry
made
,
After
the
Britans
bold
,
He
turn'd
his
back
,
't
is
said
,
His
courage
would
not
hold
:
and
was
the
first
that
discover'd
Britanny
to
the
Romans
.
In
the
Year
of
CHRIST
.
44.
Claudius
Caesar
Emperour
sends
over
Aulus
Plautius
with
an
Army
as
his
Lieutenant
General
,
and
by
degrees
reduceth
the
Countrey
into
the
form
of
a
Roman
Province
.
52.
A
Colony
of
Veterans
or
old
Roman
Souldiers
is
sent
down
to
Maldon
in
Essex
.
86.
Britanny
is
subdued
or
brought
under
the
yoke
by
the
Conduct
of
Junius
Agricola
,
in
the
time
of
Domitian
the
Emperour
.
183.
Lucius
or
King
Lucy
was
the
first
Christian
King.
Forasmuch
as
he
was
of
the
same
standing
with
Pope
Eleutherius
and
the
Emperour
Commodus
.
Whence
it
appears
,
that
Beda
makes
others
mistake
,
and
is
himself
mistaken
in
his
wrong
account
of
time
in
this
affair
.
428.
The
Saxons
,
Angles
,
Jutes
,
Danes
,
Frisons
,
or
Friselanders
arrive
here
from
Germany
,
Taurus
and
Felix
then
Consuls
,
in
the
one
and
twentieth
year
of
Theodosius
the
younger
.
The
common
or
ordinary
account
of
Writers
sets
it
down
the
four
hundred
forty
ninth
year
:
but
that
great
man
both
for
Authority
and
Judgement
William
Camden
Clarenceaux
King
at
Arms
hath
,
upon
the
credit
of
ancient
Records
,
closed
this
Epoch
or
Date
of
time
within
that
term
of
years
,
which
I
have
set
in
the
Margin
.
561.
King
Ethelbert
the
First
King
of
the
English
Saxons
,
who
profest
Christianity
.
800.
King
Egbert
.
872.
King
Alured
or
Alfred
.
959.
King
Edgar
.
1017.
Canute
or
King
Knute
the
Dane
.
1036.
Harold
,
eldest
Son
to
King
Knute
,
called
for
his
swiftness
Harefoot
.
1042.
Edward
the
Confessor
,
after
whom
Harold
Son
to
Godwin
Earl
of
Kent
usurp't
the
Throne
,
where
he
continued
only
nine
Months
.
1066.
William
Duke
of
Normandy
,
after
a
Battel
fought
upon
the
Plain
near
Hastings
,
got
the
Dominion
or
Soveraignty
of
the
British
Island
.
1088.
William
Rufus
,
second
Son
of
the
Conquerour
.
1100.
Henry
the
First
,
younger
Brothor
to
Rufus
.
1135.
King
Stephen
,
Count
of
Blois
in
France
,
Nephew
to
Henry
by
his
Sister
Adela
.
1153.
Henry
the
Second
,
Grand-child
to
Henry
the
First
by
his
Daughter
Mawd
the
Empress
,
and
Jeoffrey
Count
of
Anger
's
in
France
.
FINIS
.
BRIEF
NOTES
UPON
Some
of
the
more
Difficult
Passages
IN
THE
TITLE-PAGE
.
COmmon
and
Statute
Law
]
So
I
render
Jus
Prophanum
,
as
Prophane
is
opposed
to
Sacred
and
Ecclesiastical
,
as
himself
explains
the
term
in
his
Preface
out
of
Festus
.
Otherwise
it
might
have
been
render'd
Civil
Law
,
as
relating
to
Civil
affairs
and
the
Government
of
State
,
not
medling
with
the
Canons
and
Rules
of
the
Church
;
but
that
the
Civil
Law
with
us
is
taken
generally
in
another
sense
for
the
Imperial
Law
,
which
however
practised
in
several
other
Nations
,
hath
little
to
do
in
England
,
unless
in
some
particular
cases
.
Of
English
Britanny
]
that
is
,
that
part
of
Britain
,
which
was
inhabited
by
the
Angles
,
in
Latin
called
Anglo-Britannia
,
by
us
strictly
England
;
as
for
distinction
,
the
other
part
of
the
Island
,
Wales
,
whither
the
Welsh
,
the
true
and
ancient
Britans
,
were
driven
by
the
Saxons
,
is
called
Cambro-Britannia
,
that
is
,
Welsh
Britanny
;
and
Scotland
possest
by
the
Scots
,
is
in
like
manner
called
Scoto-Britannia
,
that
is
Scotch-Britanny
,
which
now
together
with
England
,
since
the
Union
of
the
two
Kingdoms
,
goes
under
the
name
of
Great
Britain
.
In
the
Author's
PREFACE
.
The
Guardian
of
my
Threshold
]
So
〈◊〉
among
the
Romans
was
the
God
of
the
Threshold
,
qui
limentis
,
i.
e.
liminibus
pr●est
;
but
it
may
be
taken
for
the
Officer
of
the
Gate
,
the
Porter
,
who
gives
admission
to
strangers
.
In
a
different
Character
]
Accordingly
in
the
Latin
the
Author's
Citations
are
printed
in
Italick
;
which
,
because
they
are
so
frequent
,
I
thought
fit
rather
to
notifie
by
a
distinction
,
as
usual
,
in
the
Margin
;
thus
,
Intercidona
,
Pilumnus
&
Deverra
]
These
were
Heathen
Deities
,
to
whom
they
attributed
the
Care
of
their
Children
,
who
else
they
thought
Silvanus
migh●
▪
like
Oberon
King
of
the
Fairies
,
surprize
or
do
some
other
mischief
to
.
In
the
FIRST
BOOK
.
CHAP.
1.
Pag.
2.
lin
.
23.
Among
the
Celts
and
Gauls
]
Who
are
reckoned
for
one
and
the
same
people
;
as
for
instance
,
those
Gauls
,
who
removed
into
the
Lesser
Asia
,
mixing
with
the
Greeks
,
were
called
Gallo-Graeci
,
but
by
the
Greeks
were
styled
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
whence
by
contraction
,
I
suppose
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
L.
41.
Bellagines
,
that
is
,
By-Laws
.
]
From
By
,
that
is
,
a
Village
,
Town
or
City
,
and
Lagen
,
which
in
Gothish
is
a
Law
;
so
that
it
signifies
such
Laws
,
as
Corporations
are
govern'd
by
.
The
Scots
call
them
Burlaws
,
that
is
,
Borough-Laws
.
So
that
Bellagines
is
put
for
Bil●gines
or
Burlagines
.
This
kind
of
Laws
obtains
in
Courts
Leet
and
Courts
Baron
,
and
in
other
occasions
,
where
the
people
of
the
place
make
their
own
Laws
.
CHAP.
II.
Pag.
4.
l.
7.
Adrastia
,
Rhamnusia
&
Nemesis
.
]
Which
is
all
but
Nemesis
the
Goddess
of
Revenge
,
called
Adrastria
from
King
Adrastus
,
who
first
built
her
a
Temple
;
and
Rhamnusia
from
Rhamnus
a
Village
in
the
Athenian
Territory
,
where
she
was
worshipped
.
L.
42.
Elohim
,
that
is
,
Gods.
]
And
so
Judges
are
properly
called
according
to
the
original
notation
of
the
word
,
whose
Root
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
ala●
,
though
in
Hebrew
it
signifie
to
curse
,
yet
in
the
Arabick
Language
,
a
descendent
of
the
Hebrew
,
it
betokens
to
judge
.
Thus
't
is
said
in
the
Psalms
,
God
standeth
in
the
Congregation
of
the
Gods
,
and
I
have
said
,
Ye
are
Gods
,
&c.
L.
45.
It
subjoins
to
it
the
name
of
God.
]
To
wit
,
that
Name
of
his
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
El
,
which
signifies
a
mighty
God.
In
this
sense
the
Cedars
of
God
ar●
lofty
stately
Cedars
;
and
by
Moses
his
being
fair
to
God
,
is
meant
,
that
he
was
exceeding
fair
.
Pag.
5.
lin
.
18.
Not
only
Berecynthia
,
but
also
Juno
,
cybele
.
]
Why
!
Cybele
is
the
very
same
Goddess
,
who
was
called
Berecynthia
from
Berecynthus
a
Hill
of
Phrygia
(
as
also
Cybelus
was
another
)
where
she
was
worshipped
.
And
she
had
several
such
Names
given
her
from
the
places
of
her
worship
,
as
Dindymene
,
Pessinuntia
,
Idaea
,
Phrygia
.
This
then
was
a
slip
of
our
worthy
Author's
memory
or
his
haste
.
CHAP.
III.
Pag.
5.
lin
.
34.
Not
by
the
number
of
dayes
,
but
of
nights
.
]
Thus
in
our
common
reckoning
we
say
a
Sennight
,
that
is
,
seven
nights
;
septinoctium
,
for
what
in
Latin
they
say
septimana
,
seven
mornings
;
and
a
fortnight
,
that
is
,
fourteen
nights
.
Again
for
Sundayes
and
Holy-dayes
,
the
Evening
,
which
concludes
the
fore-going
day
,
is
said
to
be
their
Eve
,
that
is
,
Evening
.
And
the
Grecians
agree
with
us
in
setting
the
night
before
the
day
,
in
that
they
call
the
natural
day
,
which
is
the
space
of
twenty
four
hours
,
comprehending
day
and
night
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Night-day
,
not
Day-night
.
CHAP.
IV.
Pag.
6.
lin
.
22.
King
phranicus
.
]
It
is
so
ordinary
a
matter
for
Historians
,
when
they
treat
of
things
at
great
distance
of
time
,
to
devise
Fables
of
their
own
,
or
take
them
up
from
others
,
that
I
doubt
not
but
this
Phranicus
was
designed
to
give
name
to
France
;
whereas
it
was
so
called
from
the
Franks
,
who
came
to
plant
there
out
of
Franconia
a
Countrey
of
Germany
,
called
East-France
.
L.
29.
With
Corinus
one
of
the
chief
of
his
company
.
]
From
whom
Cornwall
had
its
name
,
formerly
called
in
Latin
Corinia
or
Cornavia
(
say
some
)
now
Cornubia
.
And
possibly
if
that
were
so
,
Corinium
also
or
Cirencester
,
a
Town
in
Glocestershire
,
and
Corinus
too
,
the
River
Churne
,
that
runs
by
it
,
own
their
appellations
to
the
same
Noble
person
.
L.
31.
New
Troy
,
that
is
,
London
.
]
Called
also
Troynovant
,
and
the
people
about
it
called
Trinobantes
or
Trinovantes
,
from
whom
also
the
City
it self
was
styled
Augusta
Trinobantum
,
that
is
,
the
Royal
Seat
of
the
New
Trojans
.
L.
40.
King
Belin.
]
Who
gave
name
to
Billinsgate
,
that
is
,
Belin's
Gate
,
as
King
Lud
to
Ludgate
.
Pag.
8.
lin
.
39.
Eumerus
Messenius
.
]
Some
such
fabulous
Writer
as
our
Sir
John
Mandevil
,
who
tells
us
of
People
and
Countreys
,
that
are
no
where
to
be
found
in
the
World.
CHAP.
VI.
Pag.
9.
lin
.
19.
In
the
time
of
Brennus
and
Belinus
.
]
The
first
of
these
was
General
of
the
Gauls
,
who
were
called
Senones
,
and
going
into
Italy
with
them
,
sackt
Rome
.
There
he
built
the
City
Verona
,
called
by
his
Name
Brennona
;
as
he
had
done
Brennoburgum
now
BranDenburg
in
Germany
.
From
his
prowess
and
famed
Exploits
,
it
is
supposed
that
the
Britans
or
Welsh
do
to
this
day
call
a
King
Brennin
.
Of
the
other
,
viz.
Belinus
,
some
mention
hath
been
made
already
.
CHAP.
VII
.
Pag.
10.
lin
.
24.
Locrinus
,
Camber
and
Albanactus
.
]
From
the
first
of
these
three
Brethren
,
to
wit
,
Locrinus
,
it
is
said
,
that
the
Welsh
call
England
Lboegr
,
that
falling
to
the
eldest
Sons
share
;
from
the
second
Camber
,
that
a
Welsh-man
is
named
Cumra
,
and
the
Countrey
Cambria
;
and
from
the
third
Albanactus
,
that
Scotland
,
or
at
least
good
part
of
it
retains
the
term
of
Albania
,
a
title
still
belonging
to
the
King
of
Britain's
second
Brother
,
the
Duke
of
York
.
Though
for
my
part
for
this
last
name
of
Albanactus
I
am
somewhat
of
opinion
,
that
it
might
be
devised
by
some
smattering
Monk
purposely
in
favour
of
the
Trojan
Story
,
as
much
as
to
say
in
a
mungrel
word
Albae
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
King
of
Alba
,
a
City
of
Italy
built
by
one
of
Aeneas
his
Sons
.
L.
29.
Gavelkind
.
]
From
the
Saxon
gafel
or
gafol
,
a
Debt
or
Tribute
,
and
tyn
or
kynd
,
the
Kindred
or
Children
;
or
,
as
Mr.
Lambard
,
gif
eal
tyn
i.
e.
,
given
to
all
who
are
next
of
Kin
;
or
,
as
Vorstegan
,
give
all
kind
i.
e.
,
give
to
each
Child
his
part
.
An
ancient
custom
of
the
Saxons
,
whereby
the
Fathers
Estate
was
equally
divided
amongst
his
Sons
;
as
it
is
still
amongst
the
Daughters
,
if
there
be
no
Sons
.
It
obtains
still
in
several
places
,
especially
in
Kent
by
the
concessions
of
the
Conqueror
.
Pag.
11.
lin
.
22.
The
Laws
of
second
Venus
.
]
Not
having
Plato
by
me
,
nor
any
other
means
to
inform
my self
better
,
I
imagine
that
by
the
first
Venus
they
mean
the
force
of
Lust
and
Beauty
,
which
doth
so
naturally
incline
people
to
a
desire
of
union
and
copulation
;
and
by
the
second
Venus
consequently
is
intended
that
prudential
reason
,
by
which
men
according
to
wholsome
and
equal
Laws
easily
suffer
themselves
to
be
gathered
into
Societies
,
and
to
comply
with
one
another
in
mutual
indearments
.
P.
12.
lin
.
12.
Jupiter's
Register
.
]
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
in
the
Greek
Proverb
,
is
the
skin
of
that
Goat
,
which
nursed
him
in
his
Childhood
,
of
which
after
her
Death
in
honour
of
her
memory
,
and
reward
of
her
services
,
he
made
his
Register
,
to
enroll
therein
and
set
down
upon
record
all
the
concerns
of
mankind
.
Lin.
15.
Of
some
Aethalides
.
]
He
was
the
Son
of
Mercury
,
and
had
the
priviledge
allowed
him
to
be
one
while
among
the
living
,
another
while
among
the
dead
,
and
by
that
means
knew
all
that
was
done
among
either
of
them
.
The
Moral
is
plain
,
that
he
was
a
great
Scholar
,
who
what
with
his
resin'd
meditation
and
study
of
Books
,
which
is
being
among
the
dead
,
and
what
by
his
conversation
with
men
,
had
attained
great
knowledge
and
prudence
:
So
that
Pythagoras
himself
,
as
modest
as
he
was
to
refuse
the
Title
of
Wise
man
,
and
to
content
himself
with
that
of
a
Philosopher
,
that
is
,
a
Lover
of
Wisdom
,
yet
was
fond
of
the
counterfeit
reputation
of
being
thought
to
be
He
,
giving
out
according
to
his
own
Doctrine
of
Transmigration
,
that
he
was
the
man.
CHAP.
IX
.
P.
14.
lin
.
6.
What
?
that
those
very
Letters
,
&c.
]
The
Authors
expression
here
may
seem
somewhat
obscure
;
Wheresore
I
think
fit
to
set
down
this
by
way
of
explication
.
He
sayes
,
that
the
Letters
which
the
Greeks
used
in
Caesar's
time
,
and
which
we
now
use
,
are
rather
such
as
the
Greeks
borrowed
from
the
Gauls
than
what
they
had
originally
of
their
own
.
This
he
proves
in
the
end
of
this
Paragraph
by
the
judgement
of
several
Learned
Men.
So
then
,
if
this
were
so
,
Caesar
,
who
without
all
question
was
well
enough
acquainted
with
the
Greek
Letters
then
in
use
,
yet
in
all
likelihood
did
not
so
well
know
what
the
true
odl
Gallick
Letters
were
,
the
people
being
strangers
to
the
Romans
,
and
he
having
but
lately
had
any
converse
with
them
,
and
so
might
very
probably
mistake
,
in
thinking
that
,
because
the
Letters
were
the
same
,
the
Gauls
might
borrow
the
Greek
Letters
to
make
use
of
;
whereas
the
contrary
(
to
wit
,
that
the
Greeks
,
after
the
disuse
of
the
Phoenician
Letters
,
which
Cadmus
had
brought
over
into
Greece
,
took
the
Gallick
in
their
stead
)
is
averr'd
by
Lazins
,
Becanus
,
&c.
CHAP.
X.
Pag.
15.
lin
.
12.
From
the
sixth
Moon
.
]
Whether
that
were
from
the
sixth
Month
they
began
their
reckoning
,
which
among
the
Romans
,
was
August
,
therefore
called
formerly
Sextilis
,
as
the
rest
that
follow
according
to
order
,
are
styled
September
,
October
,
&c.
or
whether
it
were
from
the
sixth
day
of
the
Moon
's
age
,
(
as
they
apply
by
way
of
Proverb
Quartâ
Lunâ
nati
to
the
unfortunate
,
Hercules
having
been
born
on
such
a
day
of
the
Moon
)
is
none
of
my
business
to
determine
,
but
to
leave
it
to
the
Readers
own
inquiry
and
judgement
.
Lin.
17.
Nestor's
triple
age
.
]
Which
if
it
be
reckoned
according
to
this
account
of
Thirty
Years
to
an
Age
,
makes
but
Ninety
years
in
all
.
And
though
that
also
be
a
great
Age
for
a
man
to
handle
Arms
,
and
to
attend
the
duty
and
service
of
War
,
yet
that
is
not
so
extraordinary
a
case
,
but
that
others
may
be
found
in
Story
to
stand
in
competition
with
him
.
Besides
it
falls
short
of
that
description
,
which
Homer
hath
given
of
him
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Which
implyes
,
that
he
had
out-lived
two
Generations
(
to
wit
,
the
Fathers
which
had
been
bred
up
with
him
,
and
the
Sons
which
had
grown
up
into
his
acquaintance
)
and
that
now
he
reigned
among
the
Grand-children
,
the
Third
generation
,
the
two
former
having
been
swept
off
the
Stage
.
And
in
this
sense
the
Latins
took
it
,
as
appears
by
Horace
,
who
sayes
of
him
ter
A●vo
functus
,
that
he
had
gone
through
the
course
of
nature
,
lived
out
the
life
of
man
,
three
times
over
;
and
in
that
he
is
styled
by
another
old
Poet
triseclisenex
,
that
is
,
the
Three
hundred
years
old
Gentleman
;
for
as
aevum
in
the
one
signifies
the
whole
space
of
humane
life
,
so
seculum
in
the
other
is
constantly
taken
for
a
Hundred
years
.
Pag.
16.
lin
.
2.
Greece
,
all
over
Italy
.
]
For
all
the
lower
part
of
Italy
was
at
that
time
inhabited
by
the
Greeks
,
and
from
them
called
Magna
Graecia
,
or
Graecia
Major
,
in
opposition
,
I
suppose
,
only
to
Sicily
the
neighbouring
Isle
,
as
being
alike
inhabited
by
Greeks
,
but
of
less
extent
.
Lin.
18.
Voitland
.
]
A
Province
of
Germany
,
in
the
Upper
Saxony
.
Lin.
21.
Having
their
heads
uncovered
.
]
That
as
they
were
bare-footed
,
so
they
were
bare-headed
also
,
perfect
Gymnosophists
.
The
Latin
is
nudis
pedibus
,
capita
intecta
,
Graecanico
pallio
&
c●cullato
,
perulàque
,
and
may
be
rendred
indeed
,
having
their
heads
covered
or
muffled
.
But
how
?
With
a
Pall
hooded
and
a
Satchell
.
I
,
but
what
had
the
Satchell
to
do
with
their
heads
,
that
hung
at
their
side
,
and
so
they
are
pictured
.
But
to
pass
this
,
Reader
,
thou
art
at
thy
own
choice
,
to
take
which
interpretation
of
the
two
thou
wilt
;
for
the
Latin
word
intectae
,
as
I
said
,
admits
of
either
.
CHAP.
XII
.
Pag.
18.
lin
.
10.
The
Women
carried
it
for
Minerva
against
Neptune
.
]
There
is
another
account
given
of
this
Story
,
that
these
two
Gods
being
in
a
contest
,
which
of
them
should
be
intitled
to
the
Presidence
of
this
City
Athens
,
they
did
each
of
them
,
to
oblige
the
Community
in
their
favour
,
by
a
Miracle
cause
to
rise
out
of
the
ground
,
the
one
(
Neptune
)
an
Horse
,
to
denote
Prowess
and
warlike
Courage
,
the
other
(
Minerva
)
an
Olive-tree
loaden
with
fruit
,
an
Emblem
of
Peace
and
Fruitfulness
;
and
that
the
Citizens
preferr'd
the
latter
,
as
the
greater
merit
and
more
welcome
blessing
.
Lin.
26.
Juno
,
Salacia
,
Proserpina
.
]
Juno
was
Jove
the
Thunderer's
Consort
,
as
Proserpine
was
the
forc'd
Mate
of
grim
Pluto
;
the
infernal
Queen
.
The
third
,
Salacia
,
Lady
of
the
Sea
,
was
Wife
to
Neptuneas
,
S.
Austin
hath
it
out
of
some
of
the
old
Roman
Writers
:
though
among
the
Poets
she
generally
pass
by
the
name
of
Amphitrite
.
Pag.
19.
lin
.
25.
Amalasincta
,
Artemisia
,
Nicaula
,
&c.
]
These
brave
Ladies
or
She
Heroes
are
famous
upon
record
,
and
need
not
any
thing
further
for
their
commendation
,
but
their
Name
.
This
Artemisia
mentioned
here
,
was
not
the
Wife
of
Mausolus
,
a
vertuous
and
magnificent
Woman
too
,
but
another
who
lived
in
Xerxes's
time
,
a
great
Commandress
,
in
alliance
with
him
.
Nicaula
,
it
seems
,
though
whence
he
learn't
her
Name
,
I
cannot
tell
,
for
Scripture
gives
it
us
not
;
was
she
,
who
is
there
called
the
Queen
of
the
South
,
a
great
admirer
of
Solomon's
Wisdom
.
CHAP.
XV.
Pag.
25
,
26.
The
Inscriptions
,
which
are
left
un-englished
,
are
only
brought
in
,
to
evidence
,
that
there
were
several
Roman
Colonies
,
beside
that
at
Maldon
,
called
Colonia
Victricensis
,
planted
up
and
down
in
Britain
;
to
wit
,
at
York
,
at
Chester
,
at
Glocester
,
and
I
doubt
not
but
at
Colchester
too
,
no
less
than
there
was
one
at
Cullen
in
Germany
,
as
the
very
name
of
them
both
imports
,
Colonia
.
And
that
ours
hath
an
addition
of
Chester
to
it
,
is
usual
to
some
other
Cities
:
Colchester
for
Colnchester
,
which
in
Latin
would
be
Colonia
Gastri
,
or
rather
Coloniae
Castrum
,
the
Castle
or
Garrison
of
the
Colony
.
CHAP.
XVI
.
Pag.
28.
lin
.
11.
Now
you
for
your
part
are
Gods
Vicegerent
in
the
Kingdom
.
]
They
are
the
words
of
Pope
Eleutherius
in
his
Letter
to
Lucy
,
the
first
Christian
King
,
which
was
in
the
year
of
our
Lord
183.
From
whence
we
may
fairly
conclude
,
that
in
those
early
dayes
,
the
Pope
of
Rome
according
to
his
own
acknowledgement
had
no
such
pretensions
as
now
for
several
Ages
since
they
have
made
,
upon
the
Rights
of
Princes
,
to
the
great
disturbance
of
the
World
,
and
reproach
of
Christian
Religion
.
And
indeed
this
is
the
more
considerable
,
in
that
such
was
the
simplicity
of
devotion
in
those
early
Converts
,
and
such
the
deference
,
which
Princes
who
embraced
the
Christian
Faith
,
especially
from
the
Missionaries
of
Rome
,
had
for
that
Holy
See
,
as
appears
by
this
one
single
instance
;
that
it
had
been
no
hard
matter
,
nor
could
be
judged
an
unreasonable
thing
,
for
them
to
lay
claim
to
a
right
,
and
assert
a
power
,
which
was
so
voluntarily
offered
.
Further
I
add
,
that
seeing
the
Donation
of
Constantine
,
besides
that
it
was
alwayes
look't
upon
as
a
piece
of
forgery
,
was
at
best
,
supposing
it
true
,
but
an
Imperial
Grant
and
Concession
,
which
would
not
be
of
authority
enough
to
bear
up
the
Popes
Supremacy
in
all
other
Kingdoms
of
the
earth
;
and
seeing
Pope
Boniface
,
who
was
the
first
that
with
bare
face
own'd
it
,
his
complyance
with
Phocas
was
so
grosly
wicked
,
that
none
of
their
own
Writers
but
are
ashamed
to
make
that
transaction
betwixt
those
two
,
an
argument
for
the
Papal
pretence
:
Seeing
,
I
say
,
it
is
so
,
if
the
Pope
be
intitled
,
as
their
Canonists
pretend
,
to
an
Universal
Dominion
by
vertue
of
his
Office
,
and
by
Commission
from
Christ
and
his
chief
Apostle
S.
Peter
,
how
came
it
to
pass
,
that
the
Bishops
of
Rome
all
along
till
Boniface
,
were
so
modest
,
as
not
to
challenge
any
such
rights
or
powers
;
nay
,
upon
occasion
to
declare
against
such
pretences
,
as
Antichristian
;
which
,
if
that
be
true
,
that
the
Pope
is
by
his
Office
,
and
by
a
Divine
Commission
instated
into
a
Supremacy
,
was
in
effect
no
less
,
than
to
betray
the
cause
of
Christ
and
his
Church
:
how
came
it
to
pass
,
that
Eleutherius
should
neglect
such
a
seasonable
and
exemplary
opportunity
of
maintaining
and
exercising
his
right
,
and
should
rather
chuse
to
return
it
in
a
complement
back
to
the
King
his
Convert
?
VICARIVS
verò
DEI
estis
in
Regno
,
sayes
he
,
You
are
GOD's
VICAR
in
your
Kingdom
:
which
Title
now
the
Pope
doth
with
as
much
arrogance
challenge
to
himself
,
as
here
one
of
his
Predecessors
doth
with
modesty
ascribe
to
the
King.
Lin.
32.
With
the
title
of
Spectabilis
.
]
Towards
the
declension
of
the
Roman
Empire
,
it
was
usual
so
to
distinguish
great
Offices
with
peculiar
Titles
,
as
Spectabilis
,
Clarissimus
,
&c.
so
among
the
Italians
,
Magnifico
to
a
Senator
of
Venice
,
Illustrissimo
to
any
Gentleman
,
Eminenti●●●mo
to
a
Cardinal
:
So
with
us
the
term
of
Highness
is
given
to
a
Prince
of
the
Blood
,
Excellence
to
a
Vice-Roy
or
a
Lord
Lieutenant
and
to
a
General
of
an
Army
,
Grace
to
an
Arch-bishop
and
to
a
Duke
,
Honour
to
a
Lord
,
Worship
to
an
Esquire
,
&c.
CHAP.
XVII
.
P.
29.
lin
.
43.
Fabius
Quaestor
Aethe●verd
.
]
Why
he
calls
him
Fabius
Quaestor
,
is
at
present
past
my
understanding
.
Did
he
take
upon
him
a
Roman
name
?
Was
he
in
any
such
Office
as
Quaestor
,
i.
e.
Treasurer
or
Receiver
General
,
wherein
he
behaved
himself
like
a
Fabius
?
or
did
he
intitle
his
Book
by
that
name
?
I
am
to
seek
.
CHAP.
XVIII
.
Pag.
31.
lin
.
19.
Whatsoever
there
was
in
Pandora
of
Good
and
Fair.
]
She
was
a
Woman
made
by
Jupiter's
own
order
,
and
designed
to
be
the
pattern
of
female
perfection
:
to
which
end
all
the
Gods
contributed
to
the
making
of
her
several
gifts
,
one
Wisdom
,
another
Beauty
,
a
third
Eloquence
,
a
fourth
Musick
,
&c.
CHAP.
XIX
.
P.
32.
lin
.
27.
Wapentakes
.
]
Which
in
some
of
our
Northern
Countreys
is
the
same
as
we
call
other-where
a
Hundred
,
from
the
S●xon
word
waepen
,
i.
e.
arms
,
and
tac
,
i.
e.
touch
;
as
one
should
say
,
a
touching
or
shaking
of
their
Arms.
For
,
as
we
read
it
in
King
Edward's
Laws
,
when
any
one
came
to
take
upon
him
the
Government
of
a
Wapentake
,
upon
a
day
appointed
all
that
owed
suit
and
service
to
that
Hundred
,
came
to
meet
their
new
Governour
at
the
usual
place
of
their
Rendezvouz
.
He
upon
his
arrival
,
lighting
off
his
Horse
,
set
up
his
Lance
an
end
(
a
Custom
used
also
among
the
Romans
by
the
Prator
at
the
meetings
of
the
Centumviri
)
and
according
to
custom
took
fealty
of
them
.
The
Ceremony
of
which
was
,
that
all
who
were
present
,
touch't
the
Governours
Lance
with
their
Lances
,
in
token
of
a
confirmation
:
whereupon
that
whole
meeting
was
called
a
Wapentake
,
inasmuch
as
by
the
mutual
touch
of
one
anothers
Arms
,
they
had
entred
into
a
confederacy
and
agreement
to
stand
by
one
another
.
This
fashion
,
they
say
,
the
Saxons
took
up
from
the
Macedonians
their
Progenitors
.
Others
will
have
it
from
tac
to
take
,
and
give
this
account
of
it
,
that
the
Lord
of
the
Hundred
at
his
first
entrance
upon
the
place
was
used
to
take
the
Tenants
Arms
,
surrendred
and
delivered
up
to
him
by
themselves
,
in
token
of
subjection
by
way
of
Homage
.
Sir
Thomas
Smith
differs
from
both
these
;
for
he
sayes
,
that
at
the
Hundred
meeting
,
there
was
a
Muster
taken
of
their
Weapons
or
Arms
;
and
that
those
who
could
not
find
sufficient
Pledges
for
their
good
abearing
,
had
their
Weapons
taken
away
;
so
that
in
his
sense
a
Wapentake
is
properly
Armilustrium
,
and
so
called
from
taking
away
their
Weapons
or
Arms
,
who
were
found
unfit
to
be
trusted
with
them
.
L.
40.
For
the
Ceremony
of
the
Gown
.
]
He
alludes
to
the
Roman
Custom
,
with
whom
the
youth
,
when
they
arrived
at
mans
estate
,
were
then
allowed
to
wear
togam
virilem
,
to
put
on
a
Gown
,
the
habit
of
men
;
whereas
before
that
,
they
were
obliged
to
wear
a
Coat
peculiar
to
the
age
of
Childhood
,
called
Praetexta
:
whence
Papyrius
,
though
yet
a
Child
,
being
admitted
into
the
Senate
house
for
his
extraordinary
secrecy
and
manly
constancy
,
was
called
Papyrius
Praetextatus
.
Pag.
33.
lin
.
9.
Morgangheb
.
]
Or
Morgingah
,
from
Morgin
,
which
in
High
Dutch
signifies
the
Morning
,
and
gab
,
a
gift
;
to
wit
,
that
Present
,
which
a
man
makes
to
his
Wife
,
that
morning
he
marries
her
.
CHAP.
XX.
Pag.
34.
lin
.
3.
Tityus
his
Liver
.
]
A
Gyant
,
who
for
ravishing
of
Latona
was
adjudged
to
have
his
Liver
after
death
prey'd
upon
continually
by
a
Vulture
,
which
grew
up
again
as
fast
as
it
was
wasted
.
The
equity
of
which
punishment
lay
in
this
,
that
the
Liver
is
reputed
the
source
and
seat
of
all
lusts
and
unlawful
desires
,
and
doth
naturally
,
as
some
Physicians
hold
,
receive
the
first
taint
of
Venereal
distempers
(
the
rewards
of
impure
mixtures
)
according
to
that
of
Solomon
,
speaking
of
an
Adulterer
,
Till
a
dart
strike
thorough
his
Liver
;
from
whence
they
gather
,
that
that
,
which
we
now
call
the
French
Pox
,
was
not
unknow
even
in
that
age
of
the
World.
L.
26.
Prema
and
Mutinus
.
]
This
latter
a
Title
given
to
Priapus
,
much-what
such
a
God
,
as
Baal
Peor
was
;
the
other
a
Goddess
forsooth
much
to
the
same
purpose
.
For
the
old
Romans
had
Gods
and
Goddesses
,
as
the
present
Romans
have
Saints
,
for
every
thing
,
for
every
action
of
life
.
But
their
Offices
were
such
,
as
the
modest
Reader
will
easily
excuse
the
want
of
explaining
them
.
Lin.
38.
Sayes
Progne
to
her
Sister
Philomel
.
]
Tereus
King
of
Thrace
having
married
Progne
Daughter
of
Pandion
King
of
Athens
,
when
he
went
to
fetch
her
Sister
Philomel
,
ravished
her
by
the
way
on
Ship-board
;
which
occasioned
a
bloody
revenge
in
the
murder
of
his
Son
Itys
.
At
last
they
were
turned
all
four
into
so
many
several
sorts
of
Birds
;
Progne
into
a
Swallow
,
Philomel
into
a
Nightingale
,
Tereus
into
a
Lapwing
,
and
Itys
into
a
Pheasant
.
CHAP.
XXI
.
Pag.
36.
lin
.
20.
With
head-money
called
Wergild
.
]
A
word
compounded
of
the
Saxon
wert
,
the
price
or
value
or
worth
of
a
man
,
and
geld
or
gild
,
a
payment
.
That
is
,
he
that
had
killed
another
,
was
to
buy
off
his
life
,
by
paying
the
full
value
of
the
person
slain
.
The
prizes
or
rates
are
set
down
in
Ethelstan's
Laws
,
by
Thrimsa's
,
a
kind
of
Coyn
,
or
piece
of
money
,
of
the
value
of
three
shillings
,
saith
Mr.
Lambard
;
which
being
reduced
to
our
Sterling
stand
thus
.
A
Peasant
,
40
l.
1
s.
A
Thane
,
or
one
in
Orders
,
300
l.
A
General
,
or
Chieftain
,
600
l.
A
Bishop
,
or
Alderman
,
1200
l.
An
Arch
Bishop
,
or
Peer
,
2250
l.
And
a
King
,
4500
l.
Half
of
which
last
summ
was
to
go
to
the
Kindred
,
and
the
other
half
to
the
publick
.
And
these
Rates
are
set
,
he
sayes
,
by
the
Common
Law
of
the
English.
The
reason
of
this
pecuniary
compensation
,
was
their
tenderness
of
life
,
that
two
men
might
not
dye
upon
the
account
of
the
same
mischance
,
according
to
that
saying
in
an
ancient
Law
,
Nulla
sit
culpa
tam
gravis
,
ut
vita
non
concedatur
,
propter
timorem
Dei.
But
yet
withal
in
some
cases
of
premeditated
or
clandestine
murder
,
they
were
not
excused
from
making
satisfaction
with
their
life
;
or
in
case
one
were
not
able
to
pay
the
were
,
or
Fine
,
he
was
punished
with
death
.
I
called
this
Head-money
,
because
in
Latine
it
is
termed
capitis
aestimatio
,
the
value
or
price
of
a
mans
head
:
not
in
that
sense
as
either
Chevage
or
Poll-money
is
so
called
.
CHAP.
XXII
.
Pag.
37.
lin
.
42.
In
the
Margin
Caxton
is
quoted
,
a
Book
,
it
seems
,
rare
;
of
which
he
saith
,
That
Book
,
that
goes
up
and
down
by
this
name
,
Mr.
Warin
Townsend
of
Lincolns-Inn
,
a
Gentleman
Noble
by
his
Descent
and
Learning
both
,
very
friendly
lent
me
for
my
use
in
a
very
fair
Manuscript
;
which
courtesie
of
his
,
I
cannot
but
think
it
a
foul
shame
for
me
,
not
to
own
and
acknowledge
with
all
thankfulness
.
Pag.
38.
lin
.
17
,
18.
Even
now
in
the
time
of
those
that
are
called
the
Good.
'T
is
William
of
Malmesbury
,
whom
he
quotes
;
etiam
nunc
tempore
Bonorum
.
Whether
he
mean
Good
Princes
,
who
would
have
those
Laws
observed
,
or
Honest
Subjects
,
who
would
observe
them
,
or
whether
there
were
any
sort
of
men
in
his
time
that
went
by
that
Character
of
Boni
,
good
men
,
is
more
than
I
have
to
say
.
There
was
at
one
time
a
sort
of
Religious
persons
,
that
went
by
the
name
of
Bon
Hommes
;
but
that
can
have
nothing
to
do
in
this
business
.
CHAP.
XXIII
.
Pag.
39.
lin
.
14.
Every
Native
home-born
lawful
man.
]
In
the
Latin
it
is
Indigena
legalis
,
in
the
Saxon
Law-term
it
is
Inlaughe
or
Inlaugh
,
that
is
,
one
that
is
under
the
Law
,
Inlagatus
,
who
is
in
Frank
pledge
,
or
belongs
to
some
Court
Leet
:
as
all
Males
from
twelve
years
old
and
upwards
were
obliged
to
be
.
So
Bracton
tells
us
.
Lin.
27.
Decenna
.
]
The
same
as
Decuria
,
which
is
generally
rendred
a
Tithing
,
i.
e.
a
Company
of
ten
men
with
their
families
,
all
of
them
bound
to
the
King
to
answer
for
one
anothers
good
and
peaceable
behaviour
.
From
the
Latin
word
it
is
called
a
Dozein
,
and
the
people
that
belong
to
it
are
called
Deciners
or
Dozeniers
,
that
is
,
Decennarii
.
The
chief
of
them
is
termed
Decurio
or
Decanus
Friburgi
,
the
Tithingman
or
Headborough
.
And
all
Males
of
twelve
years
age
and
upwards
(
except
Nobles
and
Religious
persons
)
were
obliged
to
be
of
some
Dozein
or
other
.
But
now
there
are
no
other
Dozeins
but
Leets
,
and
no
other
security
there
given
for
the
Kings
Peace
,
but
the
persons
own
Oath
.
Lin.
29.
Friborgh
.
]
From
the
Saxon
sreo
free
,
,
and
borgh
,
a
surety
or
security
:
or
,
as
some
write
it
,
Fridburgh
,
from
frid
,
peace
,
and
burgh
,
a
surety
.
If
it
be
taken
for
the
person
,
it
is
the
same
that
a
Deciner
(
we
now
spoke
of
;
)
if
for
the
action
,
it
is
their
being
sureties
for
one
another
:
if
for
the
company
of
these
mutual
ingagers
,
't
is
the
same
as
Decuria
,
a
Tything
,
in
Saxon
tienmannatale
i.
e.
,
the
number
of
ten
men
.
The
Normans
retained
the
same
custom
,
but
altered
the
name
,
calling
it
Frankpledg
,
from
the
French
,
Frank
,
i.
e.
free
,
and
pledg
,
i.
e.
surety
.
And
the
compass
or
circuit
of
this
Frankpledg
the
same
as
that
of
Friburg
,
to
wit
,
the
Decenna
or
Dozein
,
i.
e.
ten
housholds
.
Lin.
40.
Manupastus
.
]
Of
this
Bracton
sets
down
a
Rule
for
Law
,
that
every
person
,
whether
free-man
or
servant
,
either
is
or
ought
to
be
in
frank-pledge
or
of
some
bodies
mainpast
.
Now
he
is
of
ones
Mainpast
,
saith
he
,
who
is
allowed
Victuals
and
Clothes
,
or
Victuals
only
and
Wages
.
And
this
was
the
reason
,
why
great
men
were
not
obliged
to
be
of
any
ordinary
Dozein
,
because
Bishops
,
Earls
and
Barons
,
as
the
same
Bracton
informs
us
,
ought
to
have
their
menial
servants
in
their
own
Friborgh
,
and
to
answer
to
the
King
for
their
behaviour
,
and
to
pay
what
forseits
they
should
make
,
if
they
had
not
the
persons
themselves
forth-coming
.
And
this
,
sayes
he
,
is
the
case
of
all
those
who
are
of
any
ones
Mainpast
.
CHAP.
XXIV
.
P.
41.
lin
.
16.
John
Scot
Erigena
.
]
A
School-man
famous
for
his
subtilty
,
called
in
Latin
,
Johannes
Duns
Scotus
.
Whether
Duns
were
the
Name
of
his
Family
,
as
it
might
be
,
Johannes
de
Dunis
,
which
in
English
would
be
John
Downs
;
or
whether
it
were
a
Nickname
given
him
for
his
slovenliness
and
seeming
blockishness
,
from
the
word
Dunce
,
which
in
Barbarous
Latin
is
Dunsa
,
(
For
so
in
Camden's
Remains
we
find
the
Emperour
Charles
,
as
I
take
it
,
putting
that
question
to
him
,
as
he
sate
at
Table
over
against
him
,
Quid
interest
inter
Scotum
&
Sotum
,
What
difference
between
a
Scot
and
a
Sot
?
to
which
he
as
freely
replyed
,
Mensa
,
the
Table
,
Sir
)
I
shall
not
determine
.
But
Scotus
or
Scot
,
is
the
name
of
his
Countrey
,
he
being
a
Scotch-man
,
and
for
that
reason
called
also
Erigena
,
that
is
,
Irish
born
,
to
wit
,
a
Highlander
;
for
those
people
were
originally
Irish
,
and
came
out
of
that
Island
over
into
the
North
parts
of
Scotland
.
Now
Ireland
is
by
several
Authors
Greek
and
Latin
called
Ierna
,
and
by
the
Inhabitants
themselves
Erin
.
L.
43.
The
Goddess
Anna
Perenna
.
]
The
Lady
President
of
the
year
,
Anna
ab
Anno
;
to
whom
they
addrest
their
devotions
,
that
she
would
per●nnare
,
that
is
,
preserve
and
continue
health
and
plenty
and
prosperity
from
year
to
year
;
for
which
reason
she
was
called
Anna
Perenna
.
Now
our
Author
here
brings
in
long-lived
Nestor
and
this
Goddess
,
to
shew
that
those
good
fellows
in
quaffing
of
healths
,
do
wish
muchos
annos
,
as
the
Spaniard
saith
,
many
and
many
a
years
life
to
their
absent
friends
,
while
in
the
mean
time
by
tossing
off
so
many
bowsing
Canns
,
they
shorten
their
own
lives
.
Pag.
42.
lin
.
24.
Englescyre
.
]
Or
Englecerie
,
that
is
,
the
being
an
English-man
.
For
there
was
a
Law
made
by
King
Knute
in
favour
of
his
Danes
(
and
so
afterward
it
was
interpreted
in
behalf
of
the
Francigenae
,
French-men
,
or
whatever
foreigners
)
that
if
any
such
were
privily
murdered
or
slain
,
the
Village
,
where
the
fact
was
done
,
should
be
amerced
in
a
lusty
fine
to
the
King
,
unless
they
could
prove
Englecerie
,
that
is
,
that
the
murdered
person
was
an
English-man
,
one
born
of
English
Parents
,
in
which
case
there
was
no
fine
levied
.
So
that
the
Danes
and
French
,
when
they
governed
here
,
provided
they
might
secure
themselves
from
the
English
,
were
well
enough
content
to
let
them
destroy
one
another
.
CHAP.
XXV
.
Pag.
44.
lin
.
11.
An
Olympiad
.
]
An
account
of
time
used
by
the
Greeks
,
consisting
of
four
years
,
so
called
from
the
Olympick
Games
,
which
were
celebrated
in
honour
of
Jupiter
Olympius
every
fifth
year
.
This
reckoning
began
first
in
the
year
of
the
World
three
thousand
one
hundred
seventy
four
.
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
opposed
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
occasion
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
signifie
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
animalia
,
imò
quantum
vivae
pecuniae
quisque
possidebat
:
where
animalia
living
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
interpreted
a
Grant
of
his
Estate
of
Boseham
.
Pardon
,
Reader
,
my
mistake
,
if
it
be
one
;
since
I
have
no
better
account
,
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
Shyrereev
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
Counties
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
,
otherwise
called
Grafio
.
See
Spelman
upon
both
those
words
.
Lin
39.
In
the
times
of
the
Saxons
a
Hereot
.
]
This
at
first
was
atribute
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
Relief
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
't
is
called
Introitus
,
and
in
Greek
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
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
ancient
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
immediately
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
indeed
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
dominici
,
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
't
is
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
belong
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
Forfeiture
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
,
't
is
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
monetae
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
understand
not
a
Father
or
Mother
,
but
a
Cousin
,
one
a-kin
;
as
the
word
signifies
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
,
toward
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
ingage
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
Hauberticum
,
i.
e.
Loricatum
,
sayes
Hotoman
,
from
the
French
word
Haubert
,
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
Spelman
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
because
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
afterward
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
.
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
Canis
(
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
,
Washers
,
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
Tectum
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
consined
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
hundred
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
muchwhat
the
same
as
Carrucata
terrae
,
i.
e.
a
Plough-land
.
From
Bede
,
who
translates
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
hundred
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
Nature
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
wraet
i.
e.
,
any
thing
that
is
flung
away
and
left
forlorn
;
though
use
hath
limited
the
word
to
the
later
sense
.
CHAP.
IX
.
Pag.
68.
lin
.
6.
The
Roman
Laws
were
banisht
the
Realm
.
]
I
suppose
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
.
Wherefore
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
.
'T
is
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
't
is
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
double
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
hundred
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
hundred
Marks
of
Gold
come
to
Fifteen
hundred
pound
.
I
confess
after
all
,
most
of
these
accounts
of
the
Mark
,
Gold
or
Silver
,
may
be
admitted
of
,
as
having
possibly
at
sometime
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
,
convened
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
charged
and
put
upon
his
tryal
.
It
may
be
also
rendred
,
taken
upon
suspicion
.
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
expired
;
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
Excommunicate
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
calumnia
emerserit
,
a
known
and
frequent
word
in
our
Law
,
which
signifies
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
Tenant
:
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
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
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
letted
out
into
such
small
pittances
,
as
now
they
are
,
while
Noble-men
kept
their
Lands
in
their
own
hands
,
and
managed
them
by
their
Vassals
.
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
Upper
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
called
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
Protomartyr
,
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
Penny
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.
Peter
,
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
mentioned
,
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
argenteorum
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
Suffragans
,
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
sterling
:
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
Dioceses
.
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
Gregory
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
Behaviour
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
Falcidius
,
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
,
seems
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
Spelman
also
gives
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
Manuscript
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
hundred
and
sixty
Acres
)
make
one
Hide
,
and
four
Hides
(
that
is
,
six
hundred
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
)
comes
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
observed
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
Glanvil
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
,
't
is
enough
what
Cowell
tells
us
,
that
it
was
so
much
inheritance
,
as
was
sufficient
yearly
to
maintain
a
Knight
with
convenient
Revenue
,
which
in
Henry
the
Thirds
dayes
,
Camden
sayes
,
was
fifteen
Pounds
,
and
Sir
Thomas
Smith
rates
at
forty
.
But
to
confirm
the
account
,
which
our
Author
here
gives
us
,
we
find
in
the
Statute
for
Knights
in
the
first
of
Edward
the
Second
,
that
such
as
had
twenty
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
bountiful
and
profuse
,
others
more
parsimonious
and
severe
to
their
dependents
;
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
diversifie
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
Mail.
]
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
Halebarde
,
anoffensive
Weapon
,
for
a
Coat
of
Mail
,
which
is
armour
of
defence
,
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
comparing
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
suppose
,
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
material
,
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
Commons
.
]
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
fundamental
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
administration
,
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
Monarchy
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
execution
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
National
divisions
)
against
themselves
and
all
men
whatever
of
such
pernicious
and
destructive
principles
.
No.
This
false
Doctrine
,
I
hope
,
will
never
obtain
among
us
;
and
our
English
Government
is
so
well
constituted
,
that
our
Lords
Spiritual
and
Temporal
and
our
worthy
Commoners
,
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
absolute
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
Dominions
?
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
General
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
skilled
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
certain
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
denote
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
muchwhat
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
bihgerefa
,
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
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
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
Market
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
Tradition
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
Actaon
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
cannot
imagine
,
that
by
quandam
Toper
,
shold
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
.
Reader
,
ONe
thing
I
forgot
to
acquaint
thee
with
in
the
Preface
,
that
,
whereas
the
Author
himself
had
divided
each
Book
into
several
Sections
,
which
were
very
unequal
and
incommodious
,
I
thought
it
much
more
convenient
for
thy
ease
and
profit
,
to
distribute
them
into
Chapters
;
together
with
the
Argument
or
Contents
of
each
Chapter
at
the
beginning
;
and
withal
,
that
no
one
may
complain
,
that
I
have
injured
the
Author
,
by
altering
his
Method
,
I
have
left
his
Sections
also
marked
with
a
Numeral
Note
1
,
2
,
3
,
&c.
on
the
side
of
the
inner
or
outer
Margin
.
FINIS
.
ERRATA
.
IN
the
Translator
'
s
Preface
,
p.
4.
l.
15.
r.
(
and
hath
that
of
crabbed
in
it
beside
)
and
as
to
the
method
is
so
intricate
.
Pag.
11.
l.
2.
r.
and
strifes
:
p.
14.
l.
50.
r.
Pieces
:
p.
17.
l.
41.
r.
Borderers
:
p.
20.
l.
16.
for
facts
,
r.
toils
:
p.
21.
l.
24.
r.
and
Money
:
p.
30.
l.
16
,
r.
Lazzes
:
p.
31.
l.
28.
r.
and
Breeding
:
p.
34.
l.
14.
r.
peccatum
:
l.
40.
r.
or
his
eyes
:
p.
35.
l.
2.
r.
Quid
:
p.
43.
l.
7.
r.
sorry
old
Verse
:
p.
49.
l.
48.
r.
too
truly
:
p.
56.
l.
6.
r.
Warden
:
p.
61.
l.
13.
r.
Vulgar
:
l.
21.
r.
bestowing
her
:
p.
62.
l.
25.
r.
misdemeanour
:
p.
65.
l.
11.
r.
add
:
p.
72.
l.
43.
r.
seasonably
:
p.
74.
l.
5.
r.
Glocester
.
Whom
:
p.
85.
l.
14.
r.
strict
:
p.
86.
l.
26.
r.
that
in
the
:
p.
87.
l.
5.
r.
What.
Of
him
:
p.
91.
l.
17.
r.
him
:
p.
92.
l.
32.
r.
Cattle
:
p.
96.
l.
34.
r.
turned
:
p.
108.
l.
33.
r.
retired
:
p.
110.
l.
8.
r.
Neptune
,
as
:
p.
112.
l.
34.
r.
unknown
:
p.
113.
l.
34.
r.
Inlagh
:
p.
116.
l.
18.
r.
three
things
:
p.
117.
l.
47.
r.
found
:
p.
122.
l.
6.
r.
arretted
:
p.
123.
l.
9.
r.
quilleted
.
FINIS
.
Notes, typically marginal, from the original text
Notes for div A59093-e1270
Senec.
controv
.
●ucret
.
l.
1.
Enn.
Annal.
l.
7.
Plutar.
de
audiend●
.
Plutar.
lib.
orac
.
Pyth.
〈…〉
Philip.
Honor
.
Thes.
politic
.
Lat.
&
Ital.
Machiavell
in
Principe
&
comment
.
ad
●iv
.
l.
1.
c.
25.
&
26.
Cujacius
.
Alber.
Gentil
.
l.
3.
c.
11.
de
jure
bell
.
H.
Cardan
.
in
Prolem
.
l.
2.
judic
.
astron
.
text
.
54.
Stat.
1.
Silv.
Claudian
.
in
laud.
Serenae
u●or
.
Stili●
.
L.
2.
Sect.
2.
omnia
.
C.
de
vet
.
jur
.
enuel
.
Virg.
Aen.
1.
Lucret.
l.
5.
de
re●
.
nat
.
Virg.
l.
11.
Aeneld
.
Aristoph
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Hegesand
.
Delphus
ap
.
Athen.
dipnos
4.
Horat.
Carm.
3.
Od.
18.
Plin.
epist.
ad
Nat.
Hist.
Senec.
praf
.
ad
controver
.
Ovid.
Fast.
1.
Notes for div A59093-e7920
P●ol
.
2.
Geogr.
&
2.
quadrip
.
&
Pausan.
l.
1.
Jornand
.
de
1th
.
Goth.
c.
11.
Steph.
ad
La●rt
.
Aug.
de
Civ
.
Dei
,
l.
2.
c.
14.
Laert.
lib.
5.
Soph.
in
Oedip
.
in
Colon.
Plut.
in
lib.
de
Exilio
.
Nat.
Com●s
,
Myt●ol
.
l.
3.
c.
10.
Plut.
de
Iside
&
Osiride
.
Odyss
.
3.
Exod.
22.
Psal.
82.
2
Paral.
1●
.
Munst.
ad
Gen.
c.
9.
Plut.
de
serâ
Dei
vindicta
.
Camden
.
Senec.
Epist.
115.
Gen.
1.
Bodin
.
l.
3.
damonoman
.
〈◊〉
.
l.
1.
〈◊〉
Gall.
Imp.
Serv.
ad
6.
Aeneid
.
Norden
in
Brit.
S●e
.
ul
.
Senec.
Nat.
quast
.
l.
3
c.
29
Athen.
dip
.
nos
.
l.
6.
Jos.
Scal.
in
Elench
.
O●at
.
Chron.
D.
Par.
Trithem
.
lib.
de
s●cundis
.
Ovid.
4.
Fast.
Heuter
.
de
Vet.
Belgio
.
l.
2.
c.
8.
Ovid.
Metam
.
12.
Herodot
.
in
Euterpe
.
Stat.
37
Hen.
8.
c.
26.
Justin
hist.
l.
1.
Arist.
5.
Et●
.
ff
.
de
Orig.
jur
.
l.
2.
Meram
.
1.
&
Lucr.
l.
5.
cum
Poetarumturb●
.
August
.
de
civ
.
Dei.
l.
19.
c.
14.
Hom.
Iliad
.
9.
Senec.
ep
.
91.
Plut.
de
Isid.
&
Osirid
.
Joseph
.
adv
.
App.
l.
a.
Plut.
in
lib.
de
Homero
.
Plut.
lib.
de
Musica
.
Plato
in
Minoc
.
Sol.
Polyhist
.
cap.
6.
〈◊〉
in
vit
.
P●●phyr
.
Plin.
nat
.
hist.
l.
16.
c.
44.
Gorop
.
in
Gal.
Paul.
Merula
,
in
Cosmogr
.
part
.
2.
lib.
3.
Num
1.
49.
Ezra
7.
24.
Strab.
Geogr.
lib.
4.
Caes.
de
bello
Gall.
l.
1.
Vulcan
.
in
app
.
ad
Jornand
.
Goth.
Munst.
Cosm.
l.
4.
Cas.
bell
.
Gal.
l.
5.
Hotoman
c.
2.
Franco
gallae
.
Cas.
bell
.
Gal.
l.
7.
Lips.
Elect.
lib.
2.
cap.
7.
&
quast
.
Epi.
●●olic
.
l.
2.
c.
2.
Plin.
nat
.
hist.
l.
10.
c.
44.
Plut.
de
orac
.
def
.
Herod
.
Euterp
.
Eustath
.
ad
1.
Iliad
.
Senec.
in
Apocol
.
Plin.
l.
30.
c.
1.
Br.
Tuin
.
Apolog
antiq
.
Academ
.
Oxon.
l.
3.
§.
3.
3●9
.
Reuch
l.
2.
de
.
arte
Cabalist
.
Lips.
●to●c
.
physolog
l
3.
dissert
.
12
&
vide
Forcatulum
l.
1.
de
Gall.
Imperio
.
Laert.
l.
8.
&
Plut
orat
●●le
Esu
carnium
.
Senec.
Epist.
91.
Clem
l.
1.
S●●om
.
Apud
P.
Merulam
in
Cosmogr
.
part
2.
lib.
3.
Camden
.
Bodin
.
de
repub
.
l.
1.
c.
4.
In
praefat
.
ad
l.
6.
Relat.
Lir.
lib.
21.
●●ut
.
de
vir●t●
.
mul●●●
.
Aug.
de
●iv
.
D.
●i
l.
18.
c
9.
Athenaus
.
Paul.
Aemil.
hist.
Franc.
l.
10.
Ovid.
de
arte
amandi
l.
3.
Tac.
in
vlt.
Agric
.
&
Annal.
l.
14.
Eurip.
in
Mede●
.
Bodin
.
de
repub
.
l.
6.
c.
5.
Pomp.
Mela
,
l.
1.
c.
9.
Gorop
.
in
Francicis
.
Malmesb.
gest
.
reg
.
l.
1.
c.
2.
Connu●
Ta●●
.
&
l●●s
.
Plato
de
rep
.
lib.
5.
Arist.
Polit.
l.
1.
c.
ult
.
Trismegist
.
Solin
.
Polyhist
.
cap.
35.
V.
Plut.
quaest
.
centuriat
.
Rom.
41.
Br.
Tuin
.
apolog
.
Oxon.
l.
2.
§
▪
77.
V.
Plut.
Sympos
.
l.
4.
c.
5.
Laert.
l.
8.
Plut.
symp
.
l.
8.
c.
8.
Georgic
.
3.
Athen.
dip
.
nos
.
l.
12.
&
13.
Suid.
in
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
Euseb.
praepar
.
Evang.
l.
6.
Apud
Abrah
.
O●tel
.
in
Theat
.
Mundi
.
Munsler
.
Boëmus
,
&c.
Theocr.
Eidyll
.
3.
Plau.
〈◊〉
.
Id.
Amphitr
.
Id.
Casinâ
.
Plut.
de
aud
.
Poct
.
Ovid.
de
art
.
am
.
l.
1.
Bald.
l.
5.
consil
.
78.
Alber.
Gentil
de
nupt
.
l.
2.
c.
13.
Orid
.
amor
.
l
2.
clep
.
19.
Id.
l.
3.
cleg
.
4.
ld
.
de
remed
.
amor
.
l.
2.
Virg.
in
Ceiri
.
Malmesb.
de●
gest
.
reg
.
l.
1.
c.
1.
Dio
hist.
Rom.
l.
60.
Senec.
in
Octav.
act
.
Tac.
annal
.
l.
12.
Dio
hist.
l.
60.
Camden
.
&
Lips.
ad
l.
12.
Tac.
num
.
75.
Agell
.
l.
16.
c.
13.
Can●len
.
Colonia
cas●ri
,
whence
the
River
called
Coln
.
Senec.
ad
Alb.
c.
7.
Lips.
de
mag
.
Rom.
l.
1.
c.
5.
Gild.
in
Epist.
de
excid
.
Brit.
Noti●ia
Provine
.
Tacit.
vit
.
Agric.
Juvenal
.
Sat.
6.
Pla●●n
.
in
vi●
.
Eleutherii
.
Ovid.
Fast.
l.
1.
Jo.
Fox
Hist.
Eccles.
l.
1.
Zofim
.
l.
2.
Notlt
.
Provinc
.
utr
.
Imper.
l.
1.
comm
.
c.
5.
&
l.
2.
comm
.
Pancit
.
c.
69.
Ja.
Douz
.
annal
.
Holland
.
l.
1.
&
6.
Procop.
bell
.
Goth.
l.
4.
Aethelwerd
.
lib.
1.
fo
.
474.
Adam
Brem
.
hist.
eccles
.
Brem
.
&
Hamburg
.
c.
5.
ex
bibliothecâ
Henr.
Ranzovii
.
Nithard
.
l.
4.
Munst.
Cos●og
.
l.
3.
Plut.
in
sympos
.
Plaut
.
●n
Aulul
.
act
.
3.
Martial
.
l.
8.
Epig.
12.
Callimach
.
epig.
1.
Plaut
.
in
As●nar
.
Anacreon
.
carm
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Et
Tacit.
Cas.
de
bell
.
Gall.
l.
6.
Senec.
de
benefic
.
l.
4.
c.
30.
Proverb
.
1●
.
Juvenal
.
S●●
.
Canut
.
leg
.
can
.
50.
Theognis
.
Odyss
.
18.
&
22.
In
Allegoriis
●omeric
.
Martial
.
l.
3.
Epig.
43.
Bracton
.
de
Coronâ
l.
3.
c.
28.
An.
18
Ed.
3.
fol.
20.
à
Briton
.
cap.
25.
Ovid.
Metamor
.
l.
7.
Matth.
Parls
in
H.
3.
pag.
1000.
Vid.
l.
2.
art
.
8.
Alured
.
leg
.
can
.
25.
Dion
.
Halic
.
lib.
1.
Flor.
Hist.
Rom.
l.
3.
c.
3.
Lamprld
.
V.
Bodin
.
de
rep
.
l.
2.
c.
2.
&
Franc.
Hotom
.
disp
.
●eud
.
cap.
2.
Bed.
hist.
Eccles
.
l.
2.
c.
5.
Fest.
verbo
Pecul
.
&
verbo
Ovibus
.
V.
Inae
leg
.
cap.
13.
Malmsb.
de
gest
.
Pontif.
l.
1.
Ranulph
.
Higden
in
Polychron
.
Joan.
Car●otensis
de
nugis
curial
.
l.
6.
c.
17.
Caxt.
cap.
96
▪
Rotulus
Wintoniae
.
Hist.
Cantu●ri●nsis
.
Canu●
.
leg
.
19.
Leg.
Edw.
Confess
.
cap.
20.
Bract.
de
coron●
,
l.
3.
c.
10.
Pont.
Heut
.
de
vet
.
Belg.
l.
1.
c.
13.
Jul.
Pollux
.
l.
3.
c.
8.
3.
Edw.
III.
Itin.
North.
tit
.
Coron
.
293.
6
Edw.
2.
Itin.
Can●
.
*
Perhaps
it
should
be
T●●cham
.
B●act
.
lib.
3.
de
Caroni
c.
10.
A●
.
21.
Ed.
1.
Alured
.
Rhivallens
.
ap
.
Tuin
.
Apol.
ant
.
Oxon.
l.
2.
§.
207.
Dionysius
.
Aeneus
.
Malmsb.
lib.
3.
de
Pontif.
&
de
gest
.
Reg.
2.
Bract.
lib.
3.
deCoron
.
cap.
15.
Ingulphus
.
Joh.
Pris.
detc●s
.
hist.
Brit.
Camdenus
è
Sarisburiensi
.
C.
de
donat
.
inter
virum
&
uxorem
.
l.
26.
In
Epist.
ad
l.
6.
Relat.
Anno
Dom.
680.
Ingulph
.
Matth.
Pari●
hist.
major
.
pag.
838.
Ingulph
.
Ralph
Holinshed
in
Hen.
7.
Chart.
Archi●p
.
Cant.
See
the
Charter
of
Edw.
Conf.
in
English
Rhyme
,
Camden
in
Essex
.
Ingulph
.
Ingulph
.
*
The
Saint
,
to
whom
the
Monastery
was
dedicated
.
Notes for div A59093-e28430
Gerv.
Tilb.
d●
sca●c
.
cap.
32.
Camden
.
Guil.
lè
Rouille
Alencon
.
Claudian
.
In
4.
cons.
Honorli
.
Dooms-day
.
Horat.
art
.
poetic
.
Leland
.
Matth.
Cantu
.
in
Antiq.
Eccles
.
Britan.
Tuin
.
apol
.
an
t
Oxon.
lib.
1.
§.
81.
Camden
i●
Ord.
Angl.
Macrob.
Saturn
.
lib.
7.
cap.
13.
Vopisc
.
in
Aurel.
Lips.
ad
2.
Annal.
Tacit.
num
.
4.
Ingulph
.
Malmsb.
lib.
2.
cap.
8.
A.
Ch.
780.
Guil.
Mapaus
.
Can●len
.
〈◊〉
●eud
.
2.
〈◊〉
.
2.
Stat.
36.
Ed.
3.
cap.
15.
Mi●h
.
P●ri
.
Polydorus
.
Coverfeu
.
Alberic
.
Gentil
.
de
jure
bell
.
lib.
1.
c.
20.
August
.
de
Civ
.
Dei.
l.
18.
c.
10.
Pausan.
Atticis
.
Terms
.
Justices
of
Peace
.
A.
M.
66.
In
Bot.
chart
.
2
Rich.
2.
pro
decan
.
&
capit
.
Ec●●s
.
Lincoln
.
Leg.
Edgar
.
cap.
5.
Petron.
Arbl●
.
Basil.
concil
sess
.
21.
Duaren
.
de
Benes
.
l.
6.
c.
3.
Vid.
Platin.
in
Joh.
22.
vit●
.
Canut
.
leg
.
cap.
69.
&
Ed.
Confess
.
Bracton
.
lib.
2.
cap.
35.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
in
Novell
.
Lev.
13.
Hotoman
.
in
verbo
Fe●dal
.
Releu
.
Carol.
Sigon
.
de
reg
.
Ital.
lib.
8.
V.
Hocom
.
comm
.
ad
3.
lib.
Feud
.
Mariana
hist.
Hispan
.
lib.
5.
cap.
11.
Canut
.
cap.
68
●
Rich.
3.
tit
.
Testament
.
4.
Lind
provin
.
●●nstit
.
de
testa●●
.
c.
Sta●utum
&
de
●umum
.
Eccles.
c.
Accidit
.
verb.
Abolim
.
Glanvil
.
l.
7.
c.
8.
C.
de
testam
.
L
Consulta
divalia
.
Hotom
.
Feud
.
Haubertic
.
in
Diction
.
Morus
in
Utopi●
,
l.
2.
De
mirac
.
Thom.
ap
.
Fox
hist.
eccles
.
lib.
4.
Guli
.
Gemetic
.
de
ducib
.
Norm
.
lib.
7.
cap.
23.
Fest.
Latro.
Heb.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
latro
à
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
latus
.
Bodin
.
de
rep
.
l.
6.
c.
6.
Dist.
55.
c.
4.
ff
.
Ad
leg
.
Corn.
de
Sicar
.
l.
4.
§
ult
.
Bract.
lib.
3.
tract
.
2.
c.
23.
&
Stamf.
plac
.
Coron
.
l.
1.
c.
38.
Stow
,
&
v.
Malmesb.
l.
5.
de
gest
.
reg
.
fol.
88.
Spec.
Just.
cap.
des
articles
,
&c.
Lamb.
Itinerat
.
Cant.
West
.
1.
c.
4.
Pat.
46
lid
.
3.
Ovid.
Art.
Am.
lib.
1.
V.
Leg.
Athelstan
.
14.
Bellarm.
l.
2.
de
Rom.
Pontif
.
c.
21.
Polycrat
.
l.
8.
c.
22.
Rot.
Parl.
11
Rich.
2.
Camden
.
A.
1004.
Metamor
.
l.
10.
V.
Rog.
Hovedeu
.
fol.
303.
Coke
prafat
.
ad
Lib.
6.
40
Assis.
pl
24.
&
32.
Ed.
3.
〈◊〉
.
Barr.
261.
Annal.
Hiber
.
1212.
sub
Henr.
3.
Malmsb.
l.
2.
de
gest
.
reg
.
c.
8.
&
Ingulph
.
fol.
519.
Malmsb.
l.
1.
de
gest
.
Pont.
Caes.
Germ.
ad
Arat.
In
Aquario
.
Pindar
.
Olym.
9.
Lips.
Poliorcet
.
lib.
1.
dissert
.
2.
Chauc
.
in
Prolog
.
of
the
Sumners
tale
.
Pet.
Blesens
.
app
.
ad
Ingulph
.
C.
de
poenis
.
l.
21.
sancimus
.
V.
Canut
.
leg
.
74.
Fox
.
in
hist.
Eccles.
Ed.
2.
Rescript
.
dat
.
10.
Kal.
Maii
ap
.
Veterem
urbem
,
Pontificat
.
2.
Ca●s
.
comm
.
l.
3.
Ath.
dipn.
l.
6.
Feud
.
l.
2.
tit
.
20.
Otho
Fris.
lib.
de
Frederic
.
1.
Radevic
.
l.
1.
c.
26.
Bract.
l.
5.
de
Esson●is
,
c.
10.
&
26
Ed.
3.
fo
.
57.
a.
30
Ed.
3.
fol.
2.
6.
v.
17
Ed.
2.
tit
.
Attaint
.
60.
1●
Ed.
3.
tit
.
Challenge
.
115.
Plo.
com
.
fol.
117.
8
H.
6.
fol.
10.
Bract.
tract
.
de
Coron
.
l.
3.
Glanv
.
l.
14.
c.
1.
Polydor.
hist.
l.
8.
Matth.
Park
.
in
vit
.
Rob.
Archiep.
Cant.
Malmesh
.
l.
2.
de
gest
.
Pontif
.
Lact.
Instit.
l.
7.
de
divin
.
praem
.
c.
9.
Hoveden
.
annal
.
l.
2.
Coel.
Rhod.
antiq
.
sect
.
l.
17.
c.
21.
Sophocles
in
Antigone
.
Arist.
2.
de
Coelo
.
Iliad
.
3.
Deut.
4.
zanch.
de
nat
.
Dei
,
l.
1.
c.
6.
Reuchl
.
de
verb.
m●rif
.
l.
2.
c.
16.
Psalm
104.
Hebr.
1.
7.
Aeneld
.
6.
Anthol
.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Epigr.
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Polyhist
.
l.
1.
c.
10.
Ovid.
Fast.
2.
Senec.
Ep.
41.
Mart.
del
Rio
disq
mag
.
l.
4.
sect
.
3.
&
4.
Ovid.
Fast.
4.
Pic.
Mirandula
in
Heptaplo
.
Pindar
.
Olymp.
3.
Vit●
Roberti
.
Decret
.
tit
.
de
vulgar
.
purgat
.
●●us
.
2.
qu●st
.
5.
Bract.
l.
3.
tract
.
2.
c.
10.
&
Canuti
leges
.
Matth.
Paris
.
V.
Britton
.
cap.
d'
Appe●les
,
and
temp
.
Ed.
1.
〈◊〉
.
Quod
permittat
.
9.
Temp.
Ed.
1.
tit
.
Attorney
,
103.
Polyd.
hist.
Angl.
2.
Tuin
.
Com.
de
.
reb
.
Albion
.
Dav.
Pouel
.
in
Epist.
Guli
.
Flèetwode
.
Cas.
l.
6.
de
bell
.
Gall.
Paul.
Merula
.
In●ulph
.
Camden
.
Polyd.
hist.
Angl.
l.
11.
Mod.
ten
.
Parl.
Jo.
Caius
Antiq
.
Cantabrig
.
l.
1.
V.
2●
.
Ed.
3.
fol.
18.
August
.
de
clv.
Dei
,
l.
a.
c.
●1
.
Ethelw●●d
.
l.
3.
c.
2.
Hist.
Eliens
.
Camd.
in
Northampt.
V.
Kel
.
relat
.
6
Hen.
8.
fol.
171.
Stat.
13
Rich.
2.
c.
2
Matth.
Paris
,
pag.
563.
Brook
tit
.
Prerogative
.
31.
Fr.
Thin
.
in
contin
.
Chr.
Eliz.
Matth.
Cant.
in
Odonis
severi
vita
.
Camden
.
Huntingd.
hist.
l.
6.
Camden
.
Leg.
Edw.
5.
&
Canut
.
17.
Leg.
Edgat
.
cap.
11.
Synod
.
Antioch
.
c.
20.
Dist
18.
c.
4.
Malmesb.
de
gest
.
reg
.
l.
3.
Ad
leg
.
2.
de
origin
.
jur
.
Roger
de
Hoveden
in
H.
2.
Notes for div A59093-e48280
lucan
.