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''^.'" 1jMgaJ<^ 

xcr' Z-] SO C^rp] 







Abfolute and Limited 


As it more particularly regards the 

English Constitution. 

Being a Treatise Written by 

, Sir John Fortefcue , Kt. 

Lord Chief Juftice, and Lord High Chancel- 
lor of iS^gZ-aW, under King ^f»ry VI. 

Faithfully Tranlcribed from the MS. Copy in the 

Bodleian Library, and Collated with three other MSS. 

Publilh'd with fomc REMARKS by 

Sir John Fortescue-Al and, Kt. 
One of the Juftices of His Majefty's Court 
of Kifigs^ Bench, 

The Second Edition with Amendmentsj and a 
Compleat I N D E X to the whole Work. 


L N D N: 

. Printed by W. B o v Y E R in fFhiu-'Fryars, 

For E. Parker at the BUle and Crowm in Lombard flreet^ and 
T., Ward in the Inner'Temple'lane^ I7I9« 



. ■■ ■■••■ TO- T H E. ■'::' ■ ■ 

S\t Thomas Parker, Kt. 

Lord Chief Tuftice of Engl^ri^ ^ 

Aid pne of Her Afajifiys mefi fjmou' 
rablt Priv^ Council. 

IS Treatife 
;enis fo n^tu- 
illy to belpng 
3 Tour Lfird- 
e, that fliould 
A 2 Ithink 

'•^■HPiB'— ""^IWiPWPI 



The Dedication. 

i think of any other , the 
World would charge me , 
with bdng abfurdi as well 
as ungrateful. 

I am apt to hope, it can- 
not be unpleafing to Tour 
Lordfiip , to fee ah anci- 
ent Piece of Tour Lardjbips 
great Predeceflbr , Sir John 
Forte/cue , endeavouring to 
ihelter it fejf under T^»r 
lordjbifs Protediori, at a 
time efpecially, when it is 
moft generous to afford it , 
when the Author cannot 
fpeak for himfelf. 
. If that good I Man, long 
fince in his Gravcj could be 

fenfible what a worthy Pa- 

_• \ 

The Dedkaiionl 

tron I had obtain d for him, 
I am perfuaded, he would 
not think amifs of my Gon-i 
duift, in choofing ' the only 
one, who ever was, or is ei^er 
likely to be his Equal. 

Henry the Sixth , a good 
and pious Prince, obferving 
the founds Learning, and 
gpreat : Abilities of our Au- 
thor, . did him the Honour 
to call him to Tour hord- 
^ys High Station. Andaf^ 
ter he had, with great Sitffi- 
ciency and exaft Integrity;, 
difcharg'd that Office "for 
the fpace of about twenty 
Years!, in Reward of his iri- 
flejcil^Ie Loyalty, aiidfirm 

A3 Adhe- 

Adherence td the Ciown; ; 
his Matter adv^c'd him ta 
the moft exalted Poft of Mo* 
ftouf in the Law^ making 
him Lord High Chancell<^ 
of England; and at the famii 
time Committed to himthe 
Care and Tuition of his oty 
ly Sm, the Prince of Waks. 

The Subjed oif this Piece 
is the moft excellefit and cu- 

riouir Pawt of the taw^ the Eni. 
gliib GonftitutiG«i. And out. 

was £o great aiiaavet" 
4nd, yindicator o£ it;i and 
had fo exd«^ It Knowli^gd5n 
all tjie Part^; the^^f P ditd: 
I coiiM n66 bist^Mi^y that 
ihe biinging;fu(A~av«zdtk irt> 
*^ • light. 

\' * 

-•■ I 


/ i jf 


The Dedication, 

light, would be not only ac? 
ceptable to Tour Lordflnpt 
but feryiceable alifo ; to the 
Publick • ,finde it cannot b^ 
doubted but that what he 
lays down, concerning the 
Liberties of the Subjefts of 
England^ miift have the mor^ 
Weight, and ftronger Jnfluf 
ence , when it is confider d 
dbat it comes from one, who 
^perfeftly uoderftood ^U the 
Pointe of Pretogatiye, who 
was a great Courtier, and ift 

hfe Prim^^i! JNo PoWier.was 

ftbte to baid hi$ Integrity^ 
Bar cQUi^ tbe^Sixute? pf the 

A 4 leaft 

T[ie DedicYitim: 

leaft Negka of any of the 
Duties of that great Office. ' 

To be a Judge oyer, the 
'SQO^l^oi' England y is indeed 
a High Station. It is the Of- 
fice of the King of Kings J 
delegated to Man : He is 
the Support of the Preroga- 
tive, and Refuge of the Peo- 
ple; he is Guardian of the 
Laws and Liberties of En^ 
gland , and Mediator be- 
tween the Prince and the 

Judges in abfolute ^ iQo- 
veriiments have in them too 
much of the Advocate, and 
arc rgeiierally, as it were re- 
tiind, on the Side of the 

; Grown : 

The Dedication:. 

Grown: Thfeyhatve Power- 
indeed to ^ determine as to 
the Rights of the Subje<ft, 
but they are not entrufted 
with theRights of the Prince: 
So. that^ in efFeft, they are^ 
but half Judges, arid in Ca- 
fes of the Grown, rather not 
at all £uch ; for he that deter- 
mines on one Side only, hasi 
parted with the Gharader of 
a judge , and is become at 

How happy is it then foir 
Prince as well as People i 
when an even Hand , by 
both eritriifted , holds ftea^ 
dily the Scales of Juftice^ 
aad impartially decides the : 




T^e Ekdifntim: 

Rights Qi^fOTi ismd his Sub^ 
jed;« as th^ ^ance rturns. 

3i^Ch was the Choice, My 
horir and fueb was the uni- 
verfal Expaftaticm from iti 
when, added to the many IIj 
luftrious Marks of Her Ma^ 

♦. * 

7i?/?/spr<rfoi^id Wifdofli, She 
was gr^iouAy pleas d to give 
that fimfliing Evidence, q& 
the moft' confumtmte Cau- 
ticm for fhi^ Rights of the 
Crown, and the trueft Tot-. 
deri^fsr ifgr the juil Liber- 
ties ^rf* Her Subjeds^ by ad*^ 
vancing Tom" Lor^llnpy of 
Her Own Choi<»j^ to fit in 
Her jO^th Court, Supreme 
Jus^fciARy. ^ 

^^^ But 

Tht DeJicution. 


' But as umvexikl is die Joy 
iAi^» on tHaic OccafiDii, there 
vros yet noone \n^o wpndcrd 
at thePromotion. The World 

was too |wcll prtpar d frfem 
the kndwn Judgment, intie*- 
gH^ty, Temper, undiinivert 
ixl Le^hki^g o£ the ferfon 
pi'Ombted, to receive thi 
weleomfe -News , with; toy 

manner of Surprize ^ - there 
was fouitid rto Equal, and 
therefore Tmf^ Lordjhif had 

^ IDiificidt ind nice Times 

^irity b£ ^Hakss^ ihe Leant 
tog bf >a^ JBic<>;i, the Law of 

'4 £^f i^ha^,v and $hQ Couragf; 


The Dedicatim: 

of a : Gafcoin ; all \i4iich fo 
happily center mTmirLord^ 
Jbip, might be as reqiiifite, as 

Cowardife : in : a. Judge, is 
but another Name . for Cx)r; 
ruption. They diflFer cmly 
as the Ad, and Habit. Bri- 
bery is Gorruption in the 
Adj but Cowardife is ha- 
bitual Corruption. 

ThsLt Tour Lardflnp now 
appears with fuch a Luftre, 
is, in fome Meafure, owing 
to Your. High Station, tho', 
the latent Caufe exifted long 
before : So the &m it felf, 
whenriiing, Ounes b]4y to 

thcEafti but > is die fame 


Tke Dedication. 

with that , which , when 
elevated to the Meridian, 
enli^tens the wholeJHemi- 

The diligent and atten- 
tive Student, the well read 
Barrifter, and the learned 
Serjeant, all refort to Your 
Court, as to an Academyj 
where,together with theLa^«5S 
of their Country, they learn 
all Arts and. Sciences j and 
bythe moft prevailing Ar- 
gument, which is Example, 
they learn Humanity and 
Goodnefs too. Where, : all 
Decifioris are given 
nounced,with fo muchClear- 
jaefs and Clemency, that e- 


The Dedicatim* 

"mn die t ofer gops i^y C(»ir 
yincfd, if not fatisfled. 
Nor could fo jwii t Me^ 

thod , and fuch Exaidl:ne{l 
jftonr frbnr: any other Foilii- 
tain; than thai: noble > and 
perfiaps only Science* the 

Mathematicks , ii^ which 

7>i^ Lordjbip fo cmittwtly 

' But tho^ we -fee Tptm 
Lordjhip endow'd with the 
greateft Abilities, andplac'd 
ia the midlJt oif Honours ^ 
yer Your fteady Gontempk* 
tion upon Virtut and Reli* 
gion, has elevated Toufhorir 
fisip to fuch a Greatnefs of 
Mind,: that you look down 





The De(Ucation. 

on dl Circumftancesof Life 

> * 

ai^ Formrie, with Siceni- 
ty mid Indifibreoce ^ . and 
from thence proc^d Yxwc 
Generous Difdain of Riches, 
tod Profiifibn irf" Charities, 
jt&5p's Ch^rafiter, and com* 
plete Gcer^'^ Great Man j 
Maxtmeque^ admirantur eum 
qui peeunia -non ma^etiSr. - 

Publick- Officers fhoald 
be Philofophers , affe^ed 
with a general Contempt of 
external Things, and plac*d 
in an J^nmujtable Ti^nquilli- 
ty of Mindi which would 
deliver them from all Anxi- 
ety of Thought, which may 


The Bedication. 

«t any time happen froitithia 
l^expteirity of.Ptihlick Afe 
fairs, and.eftaMifli them in: 
a Life .of Security and Hot 

lead a Tenene latd. fteady 

Life Jiaving nothii^ atHear ti 
but the Service of the King 

of Kings, the Honour of the 
Beft of Queens, and the 
Good and Welfare of all Her 

1 am. 



.YmrLordJhif's mo/lT>utiful^ 

* * 

andDevoted Servant, 

John Fortefcue- Aland. 

T O 

Hugh Fortescue, 

Oi FILLEIGH intht 

County of Devon, Efcjj 


IH E Grand *DiviJion of Law f is 
into the 'Divine Law , and the 
Law of Nature ; Jo that the Stu- 
dy of Law in general is the Bufi- 
nefs of Men and Angels, Angels may dejire 
to look into both the one and the other ; but 
they will never be able to fathom the l^epths 
of either, .Nothing but infinite Wifdom it 
filf can comprehend that Law^ by which the 
infinitely wife ArchiteSl at firft created, and 
now direSts and governs the whole 'Vniverfe. 
By this Law y every thing lives, and moves'^ 
and has its Being. By this Lawy every thing 
is beautifully producdi in Number % height, 
a an4 

ii The PREFACE. 

snd Medjkre. ^Tis fy this Law^^thal tht 

fy tmJIdHt and mif^rm Rgyoktms^ ke^j^ iH 
p^rpetmi Mdtion^ md'thby this La'w^ that 

^he flaft^U and Comets Jkpport each other ; 
being endued with the furprizing Tower of 
AttraStion^ implanted by the Almighty Handy 
and conji ant ly^/upp lied by an Almighty Care ; 
as is clearly demonftrated by that Trince of 
Mathematicians^ Sir Ifaac Newton, who is an 
Honour to our Nation ^ the Glory of the Age j 
and, the Tride of the whole Species. 

And as the infinitely wife Author of all things^ 
has fet a Rule or Law to the Motions of irra- 
tional Beings ; Jo he has made a Law to re- 
gulate the Actions J and govern the Affedtions 
of Mankind \ an^ has fet up a Light in eve- 
ry Man's Breaftj fufficient to demonfirate to 
him the Being of his glorious Creator and 
Benefactor^ and to enable him to choofe the 
True Religion from the Falfe ; and thereby 
to guide him thro' a Vale of Miferies^ to eter- 
nal Reft. 

And as there is no Motion given^ by the - 
Hand of infinite "Tower to any Body^ but what 
anfwers the End of that Beings and is ufe- 
ful to it \ fo there is no Law given to Man 
by our great Creator^ tho" of never fo reftri^ 
ffive a ^ality^ but what is entirely benefit 




The PREFACE. iii 

ttAi ta him , md tends to the Trefervatiok v 
.if his B^ing , or Continuation of his Happi^ 
nefi : So that the true Mature of every Law 
isy that it tends to the Support and Trefer^ 
^H^ion of that Beings which is to be directed 
trnd governed hy it. How good a Mafter there 
fire 4^s Man ferve^ and how happy is Man 
Wider JHch a -Law ♦ as is fet over his A£{i^ 
ous^y f<^ ^ ^^her Turpofe but to fecure his 
Happineft, From hence the great Trinces of 
the Earth , may learn to govern , after tho 
great. Example of the King of Kings. And 
^os^ hence ^ as a true Cordliary and Confix 
qmwe^ it follows^ thift Laws inftituted upon 
thi Foundations of Arbitrary Tower ^ to op^ 
prefs and deftroy the. Subject ^ are againft Na< 
tifrCi and eternal Juftice^ Jubverting the Ve^. 
ry End and Turpofi for which all Laws were 

Now of all the Laws by which the King^, 
doms of the Earth are governed^ no Law 
comes Jo near this Law of Nature and the di^ 
vine Tattern^ as the Law of England ; a Sy^ 
ft em of Laws ^ Jo comprehenjive, Jo wife ; fi 
favourable to the Subject ^ and yet Jo ftrongfy 
guards^ the Prerogatives of the Trince^ that 
no Nation does enjoy the; like. The Law of 
England is really to us who live under it^ the 

a X 'Fourtda^ 

IV The preface; 

Foundation of dU Our Haffintfs \ it fecures 
to us our Eftates^ our Liberties^ and our 
Lives y and all that is dear to us in this Life % 
and not only Jo, but by fecuring our Religitm^ 
it fecures to us Hhe means of attaining Evef^ 
lajiing Hafftnep too. By this Law^ we not 
only enjoy the Tlea/kres of this H^orld^ but, 
even God himfilf, in his true Worjhif and 
devotion. So that it may be faid with .Ju^ 
ft ice ^ that We owe Our Beings t6 Godi and un^ 
der him, our fFell-beings to the Law, 
But however admirable this Law is aUmifd. 
^ to be \ yet fome , not fufficiently acquainted 
therewith , have fet themfelves to lejfen the 
Honour , thereof ufon fretence of the Vneer^ 
taihty and Novelty of it ; as though it were 
not capable of being reduced to any Degree of 
Certainty , and that we had it but of late j 
and that from a neighbouring Country, called 
Norrnaddy. But thefe^ Sir, when Well conji- 
der'd, are Objections, that really have nojufi 

As to the Certainty of them , it might 
Juffice, to fay , that moft of our Laws are 
founded On the Laws of Nature , and Nati- 
ons ; and Jo far, they are as certain as any 
other whatjoever. And as to the reft, they 
0nftft either of Laws fairly deduced from 


The PRE FACE. v 


tbefi Trincifles ; or of particular Municipal 
Laws and Cuftoms peculiarly adapted to the 
Circfrnftances of the Nation , and 'Deduetions 
^d Inferences therefrom ; and the beft Laws 
that are extant have no other Compofition. 

But the Cmainty and Incertainty of Law, 
dejerves to be a little more particularly conjider^ 
edy both in general, and with particular Regard 
to, our own Conftitution. And as to the Nature 
of Law in general, and in regard of the Subject 
Matter of it, I can't but think it capable of as 
great Certainty, as any Science, orTrofejffion 
wbatjbever , ( that noble , and perhaps only 
Science, Mathenaticks, exceptet^.) .Nor do I 
fortfee any Abfurdify in fayiiigi that Law is 
capable- of the beft Qertafnty ,. even T>emon- 
juration it felf. ^is hard to fay, the Ideas of 
^antity are only capable of T^emonftration , 
and that this Study, J$ ufeful and neceffary to 
MMikind, jhouldnot befo^ TheSubje^ of Law 
is Moral Beings, which arc a Combination or 
Set. of Ideas taken from the Moral Actions of 
■Mankind, and from the Habittides, Qorre- 
fPondencies , and Bjelationf , which they bear 
fo each other ; and confequently exifi only in 
the Mind and 'Vnderfianding, being put toge^ 
ther there ; . and have no other Being or Nor 
mte , but 'what the Mind gives them, Thi 

a 3 Reft It 

" «■ • 


Rejult of 'which is , we nuy exaBly know 


the fiveral Ideas that go to make each Law- 
term, and fo their real Nature and E fence 
inay be known, and confequently theCongruity 
or Incongruity of the things themfelves heper^ 
feBly difcoverd, in which conffts real Know- 
fedgCy or "Demonfration. If every comflica^ 
ted Idea, of Right and Wrong, were well Jet- 
led and agreed upon , with diftinSt Names to 
each of them, forming exa6t Thfinitiofis, and 
thofe conftantly ufed and kept to ; the ^edu^ 
If ions therefrom would be as true, and as cer^ 
tain, and the Connexion be as diJiinB and 
clearly perceived , as Mathematical Beings 
themfelves. For thofe Beings are formed in 
the fame manner, and exifi no where but in 
the Underjianding ; there being no Juch thing 
really in Nature, and materially exijling, &x^ 
a£ffy according to their ^ef nit ions , as a 
Square, a Triangle or a Circle, but exifi onfy 
in the Mind firfi, and then are fet down in the 
definitions given of them ; nor does that Sci- 
ence require, there fl)ould be any Juch Beings 
materially exifiing in the World. 

So that in the Nature of Ideas, Legal BeingSi 
4s I may call them, are as capable afDemonfira^ 
tion, as Mathematical ones ; but only in the Cafi 
$f MalhemaUcks, in comparing the Equality 


The PRE FACE vii 

a»i Ex€efi( of any ^Mtity, they da it hy 
Numbers or Meajkres^ whick have every the 
ieaft l>ifference n^ty clear ^ and the Ideas 
thm/ehif^ are m^e caf^ble 9/ being fx^d in^ 
the Mind by perceptible diagrams, and ja 
more diftinBly refrefented to the Senfis ; 
whereas the others have only Names and 
Words, andJUch as fimetimes ^re unconfiantly 
ujed, andjb the frecife Combination of Ideas 
is kjfl \ but when thofi jufi Collegians of 
Ideas J are eicadtfy noted down, and tied toge^ 
ther as it were in Bundles or Sorts , with 
Names annexed to them, and exactly keft ta 
throughout the Argument ; the Inference and 
Reajoning therefrom , is as ftrong and true^ 
as in Mathematical Cafes. 

This is Mr. Lock'j' Notion concerning ^Md-^ 
rality , the N0ture of Law being the fame^ 
the Argument wiil equally conclude to both. 
The wat^ of Afflicatim has been partly 
the Cauje^ why learn' d Men have thought nc^ 
thing but Mathematfcks dempnjirable ; avd 
therefore it was formerly thought that the 
Being of a Godr tho* many Ways to be fro^ 
vedj yet tiMt it wanted that highefi of 
Tropf^ 7)emonJf ration i but of late we have 
had tnany noble ^emonjlr^tions thereof^ by 

m^^iy karnf4 tJ^^ds , and none of the learn- 

a 4 ed 

viii the PREFACE" 

hd World now doubt , hut thai a Supreme 
Being , the firft Cauje of all Things, infinite 
in Tower, Goodnefs, and Wifdom, is as de- 
monjirable as any Trofejhion in Geometry ; 
and indeed a Man may more Thilojbfhicaify 
doubt, that there is a Sun at Noon-day ■, thm^ 
that there is a God in Heaven. 

And this is the firft Step towards Le- 
gal T>emonftration : For this being laid' 4iowh 
as the firft Principle, if we tBeW ailaut at 
a Poftulatum; or take it for granted, that 
hue have an intuitive Knowledge of our own 
felves, {as no Man that will confider can 
doubt) and that we ^re dependent on, and 
, fubjifted by this firft Caufi -, thefi things 
duly confider' d, and well pureed, will lay 
a good Foundation whereon to build a Sy- 
ftem of Moral Laws, andthofe, a Foundation 
fbr all Municipal Laws whatfbever. But 
there is yet ^nother Reafon why Men have 
not thought Matters of Law fo demonftrable 
as other things ; bec^ufe Troperty, Tower, and 
Tkafure, things fo mi^ch contended for, are 
here dijputed, and in fuch Cafes, Tafiion and 
Prejudice take Tlace , whifh in Mathema- 
ticks have none y no Man thinking himfelf 
any way concerned in Intereft , whether the 
threr Angles of a Triangle are equal to two 


the P RE FACE. ix 

et^fouf right Angles : Elfe I do not fee why 
^emnfiratidns : Jhould not Jifcceed as well 
. here as in Kjeimetry. Whoever will look in- 
to our Books' of Law , will find in the firfi 
Tlate, that Care is taken in giving f roper 
and clear Meanings , or definitions of the 
Terms of our Law ; from thence our Law 
proceeds to Axioms , and in legal T)emonJira' 
tions paftive Laws, fettled dither by known 
Cuftoms^ orexprefs Statutes, take the Tlace of 
Axioms, which are alwayfteadily kept to. That 
a Conveyance of Land to a Man and his Heirs ^ 
gives him a Fee Jhnple , or an Inheritance 
ivholly at his Tiifpofal : That to kill a Man^ 
with a malicious Dejign fi to do, is Murther: 
That whoever has a Right by Law , has a 
Remedy , to cotne at that Right ; thefe are 
Principles and Axioms in our Law, as cer- 
tain as any in Euclid 

Now, Sir, in redfoning and making Tie- 
duBions from thefe general Tropdf tions , or 
Axioms, fippojtng the FdSfs, on which the 
Cafe ar'tfes^ to be certain \ the Correjpon- 
dence of any other Idea with them, isjiu 
he as clearly conceived^ and there will be as ■ 
much Certainty , as in other Tropofitions of 
H^er. fo abJlraSfed a Nature : So that the 
Uncertainty^ lies neither in- tJte Terms \ for 





the Law defines thm to be fi, and that gives 
them their Nature % nor in the Maxkns rf 
the Law^ fw they are Axioms not to be di^ 
^ffHfted ; nor in the DeduBions therefrom , 
which are certain and logical: It can lie then 
an^ in the FaSis ^ to which the Terms and 
the jixioms are to be afflied^ which defend 
on theVncertainty of humanTeJiimony^ which 
for, ever muft be liable to Vncertaintyy as not 
being in their Nature capable of Tiemmfira-^ 

This as to Law in general : To de fiend 
then to our f articular Laws ; fee what Care 
is taken for a T)ifcovety of the Truth in mat- 
ters of Fa£t ; and for that Turfofi a Jury 
of twelve upright and JubJIantial Men is by 
the Law , to be fismmorid from thofe Tarts 
where the Fa£t is Juffoid to be done^ who 
Judge and determine thereuj^on according to 
the Evidence given tbem^ and bring in their 
VerdiSl fwrfuant to the ^ire3ion of a learn- 
ed Judge in "Point of Law ; and that they 
may have the moft exa6f and certain Teftimo-^ 
wy , the Law admits of no written T)ej^o- 
fit ions but in Cafes of Necejjfity^ where the 
Terfon is not to be had^ but the Witneffes are 
to come in Terfin^ and to be examin^dy viva 
voce, both by Judge and Council i which Me^ 


The PRE FACE. xi 

thad of inveftiguting Truth, in the ligfure of 
it , u greatly prferaifle to that cf other No* 
tions , where the written ^Depjttions of the 
Witnejfes are allow' d fir Troof For it is 
*»t foffihle tofirefee at once, what Interrogs^ 
tories will beproj^, unlefs a Man^ could fro- 
phecy what Anfwer the Witnefs would give\ 
dnd tberefire it is often in Experience fittnd^ 
that after a matter of Fa£f on the written 
Teftimmy of the Witnejfes has ifpeaf^d to be 
»me fTay, on Examination of the fame fFit- 
neffe^, viva voce , the Tnlth hm come out to 
be clearfy the fuite contrary. The Mem and 
Behaviour of a Witnefs, his Countenance^ 
and the Taffions of his Mind^ oftentimes dif 
cover thofi Truths which are never to be 
found out Jrmn a dead T^efofitim. 

In other Nations^ Sir, every Lawyers O- 
ftnion gdes for LaWy but it is not fb with 
w ; nor is our Law rackd and tortured 
with Jkch voluminous Comments and Glojfes^ 
which make ^ijputes endlefs, and eat out the 
very Heart of the Law. Nothing gaffes with 
m for Authority or Law , hit the mature 
weighty y ^nd deliberate Judgment of a whole 
Courts conjifting offiur learned and experi- 
enced Judges ^ after folemn Argument ^ cauti- 
ous T^ebate^ and ferious Conjideration. 


5di The PREFACE 

our Law , the Judges are bound by a 
facred Oath , to determine according to the 
known Laws and ancient Cuftms of the Realm^ 
Jet down in fhe Judicial lyecifion^, and Refi^ 
lutions of great Numbers of learned, wife and 
upright Judges y ufon Variety of f articulate 
Fa£ts and Cafes. They do not judge, and that 
is our HapfinefSy as the flaufible Thrafe ,is^ 
feamdum iBqunm & Juftum, which in other 
words fignifies no more, th^n according to their 
Princes, or their own arbitrary fVill. and 
^kajure ; but they judge according to the fet^ 
led and ejiabliflfd Rules, and ancient Cuftoms 
of the Nation , apfrov'd for many SucceJJions 
of Ages. 

% To, have no Rule to decide Gontroverfies , 
but the Rule, of Equity, is to begin the World ^ 
again, and to make : a Choice of that Rule y 
'which out ofmereNeceJfity was made uje of 
in the Infancy of the State, and Indigency of 
Laws ; and to fet uf this Rule , after Laws 
are eftablijh'd , [to relieve hard Cafes , and 
leave the Matter at large , is it not rather 
"unraveUihg, by unprcew\d l^egr^es; jhe fine 
and clofi Texture of the Law, which has been 
fo many hundred Tears a making'^ Thefe, Sir, 
4ire fome of the Trovifions in the Law ofEng* 
l«jcJ, to attain that Certainty which our Law 


The PREFACE. xfli 

• « . . . ♦ • 

tn its Nature is capable of\ and if they at any 
time fail by being perverted^ . it is owing to 
^ajjioh and Inter eft, and not to the Male^In-- 
^JfitutioH of the LaW\ 

'•^''' Now as to the Antiquity of the Engtijh 
'Laws , / am apt to think it is 'not very diffi^ 
cult to make out ^ that they are as ancient as 
the Laws of moft Countries in the World\ nor, 
can I be brought to thinks hut that a very 
^ fatisfaBory Account may be given, touching 
their Original \ notwithftanding what Jbme 
have /aid to the contrary. Indeed todifcover 
the Original of every particular Law, ^Ca- 
put Lcgis a?nong us, when it begun particular* 
^, and by whom, and- how introduced y Irea^ 
Mfy- agree is [moraUy impoJJ^k, nor any 
'Nation in the World do it , that was not of 
Tejterday ; nof p:af" it ever attempted by any 
one in the Laws of any Country, and if it 
could be done ; %V would' be of no great Mo* 
ment. But I am perjuaded, it is not difficult 
ifi this Nation to Jhew, from whence the 
Bulk, main Body, and Generality of our En^ 
glijh Laws came. And if the Foundations , 
ihe main Tiilars , - and Corner Stones of this 
ancient, noble Building are jtill ftdnding, tho^ 
it Jhould happen to be fitted up and adorn' d 
with other Materials now\ yet it will bear 


xiy The PREFACE. 

the Name of the old Fabricky and prof erly be 
account ed the fame Identical Building. 
. To argue from the Nature of Laws in ge- 
neral^ that the Original of ours is not to he 
fmndi is to fay , the Original of the Laws 
qf no Nation can be founds and that is to con- 
demn not onl^ fme of our own greateft Law- 
yers a»d Hijtorians, but all thofe learn' d and 
^eat Men of foreign Nations , who have 
wrote fingly of the Antiquity of their Laws ; 
which make a great Body of MeUy ofid their 
Volumes a conjiderable Figure in the learned 
World. And as to the Monuments of the En- 
glijh Antiquities y and the original Foundation 
of the Englijh Nation , we have as certain 
and clear T roofs of thofe , as in moft Coun- 
tries in Europe. And tho' we han;e no Tran- 
fcrifts of all our Laws^ nor can't give Jo good 
Yroof or go fo high as the Jews , it does not 
follow from thence , that we have no Troof 
and can find no Original. 

But then 'tis faid, ifjuch Original could 
be found out , it would not be of moment or 
material^ becaufe the Obligation is the fame 

when once the Law is fixed ^ whether it 
be old or new , or from whence Jbever de- 
rived. What ! Is the Antiquity of the 
Laws of the Englijh Nation , which is the 



The PREFACE. x? 

Bonourtfit, efnomomem? Aitd is the Her 
nour of the Engl^ N^tkn to he iij¥eg9riedl 
Are we to ke fisced hekmd. ail the Kingdomt 
of Ettrope , when they thmk it worth while 
in endlefs Vbhtmes to cowtendftr thefaftRimk 
in Antiquity ? Sefides, the Laws themfiivet 
gain Strength 4*d Authority y by the Amtiquity 
of their Trefeffton. The longer ay Laws con- 
iinue in ^Je and "Pra^ice , the fironger rMd 
jnore forcible is the Argument fi^ their Good- 
nefs and Excellence. And fljould we allow 
our Laws to have an uncertain Original^ I 
fear that fime Teefle would of themjehes 
fix their Original- from'^iS&am the Firft^ and 
if that Jhould be taken for granted, Jdmit 
lauyw what ill ufe, the Chamfions ofAbjblute 
Monarchy mey be inclined to make., ofjuch a 
i^onceffion ; thai our Laws began in ^a Qon- 
queror^s Tme, and confi^ptentfy were given 
by a Conqueror. Our Author , who lived ma- 
ny Tears ago., andfi might have sa better View 
•of Antiquity, fays, in his Book de Laud. L^. 
Ai^i. that neither the Kevaajx- nor YtBiasask 
Laws , which are efieem'd very ancient, can 
claim fo great Antiquity as ours, which, fays, 
he , m Subfiance are fill the fame , as they 
were originally. *Tis a trivial ^ejiion, fvjfs 

Seldea, made hy tkofe who would Jay fome,- 

• thing 

svi The? RE FACE. 

fhhg^agaik^ the Laws of England^ if they 
could}:, when and how began your common 
Laws? But the AnJ^er is ready\ in the 
Jatne manner as the Laws of all other King- 
doftis^ i. c.when there was firft a Civilized 
State in the Land. Every Nation, unkJS it 
borrows Laws from other Countries, . mufl 
frft begin with the Laws ^ of Nature , and 
thereupon are introduced f of tive Inftitutions^ 
4md municipal Lanjus for the Tolicy of the Qo- 
^ernment ; afterwards, in Trocefs of time , 
Cujioms are created, and then are laid judi^ 
cial determinations and Rejblutions, on thofe 
frfl Foundations , md fo a BodyofLofms is 


Now as to that fart of the Law ^.Engr 
latid, which Jubfijls and is founded on the 
Law of Nature, and which is no findll part 
thereof, every one mufl agree, fuch of our 
•Laws are as ancient as any ; becaufe Nature 
is the fame in all Laws , and in regard of 
this, all L41WS founded ufton. Nature are 
equally ancient. And as to the other fart of 
our Laws, confifiing of Pojtti^e Infiitutions 
for the Well^govemment of the People ^ and 
the Cujioms and^fages amongft us, it cannot 
be doubted, but that we may have fbme^ thif 
perhaps not many ^ that participate even of 



The PREFACE. xvu 

the Roman and Britiih Tolicy ; fbr when we 
were firfi a Nationj we certainki had Laws 
to govern us ^ th$^ perhaps very few, And 
^tis plain by the Account we have of the Bri- 
tains, and of their barbarous Cujioms and 
Manners, that even after thje Romans were 
bere^ they were Jo fat from being potijh^d 
ly them, that the Romans had made no Jenfi^ 
bk AHerdtion among them ^ neither in their 
Laws, Language^ nor Policy. But when we 
cmne to the time of the Saxons^ we find a very 
great Alteration, a new Language introduced^ 
never kefbre heard of and Volumes of Lais)s , 
both Ecclefiaftical and Civil. 

The firji Saxon Laws, after Auftin the 
Monk was fent hither, by Gregory the Greats 
for the Converjion of this Nation^ were made 
by iEthclbelt the firft Chriftian King, who be- 
gan his Reign in ^61, about four Tears after 
the Death of Juftinian, and died in 616. , 

Venerable ^tdt/kys, thefe Laws were made, 
according to the Example of the Romans, 05)15 
Snotepa %tY^x^ with the, Thotlght, or Advice 
of his Wife-men ; and the King commanded them 
to be wrote and publijhed in Englijh. And 
tho\ fays he, the Laws of the Saxons have 
undergone Jbme Variations ^ thro' time and 
age, which change every thing, yet, they cour 

b tinue 

xviu The PREFACE. 


timte in the main to this ^ay. F6r itfiemf 
every Saxon King did, one after another , colt* 
firm moftfart of the Laws of his'Predeceffot % 
thd by the Advice of his 'Parliament, he made 
Jbme new ones , as is now done in e^ery 

King Alfred indeed, who began his Reig» 
in Sjt, is caWd Magnus Juris AngUcani Condi- 
tor, The Great Founder of the Englifti Laws ; 
but what is memt by tha^ Exfrejfton, is mtr 
that thoje Laws, were firfi made in his Time, 
for there were Saxon Laws then in being, 
which had been made for above three hundred 
Tears before his Reign \ but the Meaning wM 
this onlyK that he , being the firft file Mo- 
narch after the Heftarchy, coUeSted the Sub- 
fiance of the Laws of all the firmer Saxon 
Kings, from King iEthelbert to his Time, wh& 
were Kings only of Tarts of the Land, into 
one Body, and fi firm'd one entire Codex or 
^ook of Laws. 

This appears plainly firom the Prefitee tf 
King Alfreds Laws, which fays. That King 
Alfred made a Colle<aion of all the Laws then 
in beii^, thofe which he liked, he chofe, and 
' thofe which he liked not, he rcjeded; and 
this was done COi& \fc&aA gejwace, with the 
Thought , i. e. Advice of his Wife-men , or 

u Parliament ; 

the ^REFACfi. xix 

Parliament; fi^he durfl'mt^ as 'thfaid, mix 
«!y of hk (mm, fw fiar 'Pofterity Jhould not 
Uke them , tmd therefore he cQJle&id ota of 
the Laws <tf KingVaa^ KingO^, auJjEthel" 
bett , th jirft Chrifiutn King, isoho were hit 
^redecejffbrs, fkch at were the hefti and the 
nft he reJeCfed'i md this Coffeaion, Jb made 
ftfsth the Advice «f his Parliament , he 
thought fit to cmfirmand eftabUjh ; and en^ 
*0ted them t^ be obfirved thr<Mgh9Ut the 

Mow this Codex, being made uj> of fneh a 
Variety of different Laws, enaSfed by the fe^ 
'oe^ai Saxon Kings, reigning over diftinft 
Tarts of the Kingdom ; and theje fever al 
Laws, which then affeUed onfy Tarts of the 
Englijh Nathm , being now reduced into one 
Sody, and made to extend equally to the whole 
Mation, it was very pvfer to call it. The 
Coflifflon Law of England-, becaufe thofe Laws 
were now firft of aU made Common, to the 
whole Englijh Ration. And therefore it U 
faid, in ih^e Life of this great King, that, 
this was done, ut in Jus Commune totius Gen- 
tis tf anfiret. Now this is very natural, if it 
be farther confidered, that he made this Col- 
ledtion of Laws jujl upn fkbduing the Ot 
ther Saxon and T>anijh Kings, and there- 


by became fok Monarch of England 

Now I find this Jus Commune', Jus Pu^t. 
cum, or Common Law, was Jbon after caWd 
in Saxon ^ the Folc-pihr, or People's Ri^bt ;' 
which in all the Jubjequent Laws of the S^ 
xonSi is mention d and confimid^ by all the 
Jkcceeding Saxon Kings. And it is not very 
unlihfyy but that this ColleBion of LmvSi 
thus made by King Alfred, and fit downh in 
one Codex, might be the fame with' the 
Dom-bec, or Dooqi-book, which is referred tot 
in all the JUbfiquent Laws of the Saxon Kings, 
and was the Book of Laws, or Statute Book, 
that they determined Caufis by ; for before 
this Kin^s Reign ^ that is y KingAl&ed^s^ I no- 
where find any mention made^ either of Folo* 
light, «r Dome-book. But in the next Reign^ 
you find King Edward the Elder commanding 
all his Judges to give juj^ht; Domar^ right or 
juft Judgments, to all the People of England, 
to the beji of their Skill and Underfianding ^ 
jfz hir on )>£epe Dom-bec ftant>) as it Elands in 
the Dome-book , or Book of Laws ; and far- 
ther commands^ that nothing make them afraid 
to declare and adminifter the Folc-right , that 
is, the Common Law of England^ to all his 
loving Subjedfs. 

The PRE FACE. xxi 

iEthclftan , the next Saxon King, confirmed 
the fame Laws , and ammands the Folc-right 
to befreferved to all his SubjeSis, and refers 
to the IJome-book as the fmner King did. 
Hereby it appears ^ each Saxon King , by the 
Advice of his Trelates, ^eers, and his Wife^ 
m^n, did make new Laws \ yet the old ones 
were firft of all confirmed and efiablififd, ex- ' 
eept Jiich as for particular Reafins were 
thdught fit to be repedPd. So Kihg Edgar, in 
the Beginning of his Reign, frofofes fever al 
new 'Laws, but firft of all confirms the Laws 
of Holy Church \ and then comsnands, that eve^ 
ry Man both rich and poor, ry Folc-pihrer 
yyp^, ihould be thought worthy of his Folc- 
right , ' that is , to enjoy his Birth-right , the 
Common Law oi England ; and that his Judges 
Jhould, piht; Domar C)eme, give right Judgments, 
that is, do Juftice to every one whatfoever, 
according to the Dome-book, or Law then efta^ 
bliftiM. And the fame you will find in the 
Laws of King C^iintws orKmtc, in as exprefi 
Terms as in firmer Reigns. 

From this Original, Sir, it is, that our 
common Law came, and it is' very probable 
/A// Dome-book was compiled ty AT/^jj Alfred; 
and therein was contained that Colkifion of 
Laws which fime have called, a Book ofjudg^ 

b 3 ments^ 

xsii The PRE FACE. 

ments, or Rffiluti&nsy pven by the SaxM Jud- 
ges, &r in modernThrdfet the Reports ofthoji 

From hence alfi I would oh/ervey that it is 
from this ancient Origin » that our common 
Lawjudges fetch that exceUeniVfagCy ofdf^ 
termining Caujis according to the fittled and 
eftablijh'd Rules of Law, and that they ba^ 
a6led up to this Rule fw about eight hundred 
Tears together^ and^ to their great Honour ^ cou^ 
tinue fo to do to this very jD^y. 

Thefe Laws indeed, in the Reigns of Ha* 
rold the Firft, ^»ir^ Har^camite, were not much 
obferved, nor could it he expe^edthey ft>ould^ 
becaufe they were VJurfers , and of the ©*• 
nijh Race ; bejides , their Reigns were very 
jhorty both of them not exceeding feven Tears^ 
But in the Time of Edward the Confsjfbr^ he 
being one^af the Saxon Race^ . all thefe Lams 
were revived and refiored. Some Hifiorians 
indeed fay\ that thefe Laws were buried iff 
Oblivhn ^ and out of Vje^ ^ from the Time of 
King Edgar to £dward the Conf efforts Timi .; 
hmfi^rely^ there can be noF^midation for that ; 
becaufe the Laws of the (wo next Saxon Kings^ 
after Edgar^ viz. King Etheked and Canucus^ 
which are now extant ^ do confirm and efia- 
blijh thf Fok-right \ md King Canutus ex-^ 


The PREFACE, xxiii 

frfffly confirms all the precedent Laws both 
ef Q^MTch and State ; m^Jome of the very 
fione Laws are to be found among King Cami* 
1^ and Etheircd'/ Laws , and ufed in their 
Times\ that were in force in.King EdgarV 
Riign^ and extant atnong bis Laws; as ntay. 
ke jfeen by any one , who will take the fains 
tp. cpmfare tbofe Laws now extant in the Sa^ 
xon Tongue. 

J* U aljb affirmed by Jome, that King Ed- 
Waid the Confeffoty perceiving this Kingdom 
t4h governed by a tbreeftld Law, that is, the 
Dade-Jaga^ Sbu:on-l9ga, ^^^/Merccn-laga, and 
that Mulcts and Fines were to be fet differently, 
ufon his Subje£ts , according to thofe LawSy 
raduced them all to one, and tailed it the oom^ 
mon Law of Eogknd. This alfo feems to bo 
4Mifi^ke^ thdfeveraly one after another ]f 
bdve repated the /ittne thing ; for, net tef 
infiji that this Account betrays its fFant of 
Accuracy^ in not taking notice of another i^e- 
€iis of Law to he found among the SaxoH 
Lai^s, called En^h-hg^y it is pretty plain ^ 
tba$ thofe Laws couidnot be at that iimi con^ 
filidMed and thrown into one Body of Laws ; 
kecassfe each of thofe Specie t "of LaWs were in 
fn*ce after ^ and ar4 to be found not only in 
£dvrakl the Qonfeg^'s , but all over Wdllam 

b 4 the ' 

/ < 

xxiv The P RE F AGE. 

the Firps Ldws. And not only Mulgfs and 

Fines Jet^ according to the Dane-laga, Saxon^ 

Is^a, and Mereen-laga, but Cujioms dnd'Dja-^ 

ges fit out to h obfirved according, to thoje 

different Laws: Which fljews, that this could 

not be the Original, of the Conwten Lam : 6e- 

caufi the fi Laws wereftill in being, and 

■ were fiverally obfirved in fiver al T laces ; m 

the fiime manner, as at this day fiveralpar- 

ticular Cuftoms are, which are peculiar to 

fime particular Countries. and T laces ; and 

yet that does not hinder them from being calf 4 

fart of the common Law of England. So thai. 

it muji be meant only, that Edward the Con-. 

fejfor made a Collection out of thofi Law* 

then extant, 4Sf Alfred did before him , and 

then ordering thofi to be obferved, which had 

not been obfirved in the Jhort Reigns of Ha^ 

rold and Hjyrdicanute, he may weU enough be 

called theReftorerof the Englijh Laws. 

From hence It fiems pretty clear, that the 
fommqn Law of ^la^i^, bad a much Ancietfr 
ter Original than thatofmffxe^ the Confef ' 
for-, and that it really was fbrm'd and eftor 
blififd by King Alfred , and had the Name of 
Folc-right, that is, ]v&pA>]kxan, <v Commune 
Jus, whifh, when the Language came to be air 

W4 , . 'W^ . caM4 fhi Common l^aw ^.Engr 


land. Far it is flain^ it could not bitue tbui 
Name in Edward the Cohfejfor^s Time, for 
then they ^oke Saxon ; nor in William the 
Conqueror's Time, fir then they Jpok^ French : 

4^ that it can't be true that- the Term, Com- 


mon Law, came from Edward the Confeffor, 
fir the Term is frobabfy not fi ofd*^ but the^ 
Thing it filf really and truly, under the 
name of Folc-right , was in being long before. 
And as thofi Laws were then calfd the Folc^ 
right, and realfy the Common Law (^Eng- 
land : So the prefint Common Law is in Sub-^ 
fiance the fame , tbif it hath undergone divers^ 
Alterations. - 

He that will look into the Saxon Laws, 

m^d read them in their native Tongue , will 

find as ckarly as can be, the Foundation and 

frincifal Materials of this noble Building ; he 

will find the Teace of God, and holy Church, 

in the firji Tlace provided for, and the true 

Religion fecured\ and for that Turf ofi. Laws, 

are made for keeping the Sabbath, fir the 

"Payment of Tythes, FirJi Frmts, and other 

Church duties, ; ' and then follow Laws for 

the Security of the State, as againft Treafbn ; 

Mwder, Manjlaughter, Se defendendo. Chance 

Medley, Robbery, Theft, Burglary, Witch^ 

(raft^ Sorcery, fPeriury, Adultery, Slander^ 

-/ Vfury, 


xxvi 'Hie PREFACE; 

V/ury^ and many other Crimes. Here ym 
fvHl aljb find Laws cmcermng fraudulent 
Sales ^ fVarranty J Juji Weights and Meoji/uret^ 
Repairs of High Ways^ Bridges^ Wagtng of 
Law, Outlawry, TreJ^affes^ Batteries, jtif^ 
frays y Trial by Juries , Court Leets, Court 
Barons, View of Frank-rP ledge , Hundred 
Courts, County Courts, Sheriffs, Turns, Her^ 
riots, Cofyhold, Freehold, and many other. 
Matters too tedious t^ enumerate. 

The Noimans, who invaded the SaxoiiS,; 
did mA Jo much alter the Subfianee , as thtf 
Names of Things. And natwitl^fianding the 
pretended Conqueji of William I. theje Laws 
of good King Edyirard were not abolififd by 
him ; fir when King WA]i3m fublijhid thofk 
Laws, he expre£^ mentiifn^s them to be B&- 
ward the Qmf efforts Laws, andfublijhes them 
asjuch, and confirms and proclaims the^ ta 
be the Laws of Blngland, to be kept and ob^ 
ferved under grievous Tenalties. Befides^ 
upon fuck Confirmation, he took an Oath ta 
keep inviolable, the good and approved ancient 
Laws of the Realm, which the holy aasdpU 
ous Kings p/ England his Anceftors, and ej^^ 
ciaUy KingEdv/xd^ badenaSted, and fit firth % 
Jo that the Engliih Laws were plainly thenin 
pfi. and not abrogated by William t Now 


The PRE FACE, xxvii 

tke/eLawsaf'&A^^d the Confejgbr, were nM 
anlyjucb at Edward the Confijfor himfelf fra^ 
tnedy and were enoBed m bis time ; but th& 
Subjiance of all the Laws made^ mt only in hU 
Grandfather KingYid^s time; but in the 
Reign of other S^axori Kmgs, his Anceftors.fw 
many hundred Tears befsre him^ that is, the 
whole Body of Saxon Laws. And this will 
af^jf^ear to be Jb^ u^on Examination, evenfr^^ 
the Laws themfelves, which is an Evidence 
that eunnpt lie i for many of the Laws of Ed: 
ward the Confeffor, are the very fame as in 
former Saxoa Kings ; and many ExfreJJlons 
and Words, and moji of the Terms, in Wil- 
liam I. Laws , are mere Saxon , and deri- 
ved from that Language , but fut into Nor- 
nun Preach; infimucb that any Man will find 
it difficult to underfiand thofe Laws ferfeSlkjf 
well, unlefs he has Jbme Knowledge of the 
Saxon Language. And from thence it is, that 
the Tranfidtor of the Laws of WiUi^un I. in 
fme T^ laces, fn^s the French words, in the 
I^cin Tranftation^^^ where he is at a hfs for 
the true meaning of the Saxoa term, dijguifed 
inaHottasxidrefs. \ 

Henry Lpromifis toobferve the fame LaWs 
of good King Edward, and^ants to his Teofle, 
Jag4m Edwardi Regis ; but yet afterwards h^ 


?Xviii The P RE F AC E. 

imfojed Jomenew Laws^ which were a Med-- 
ky out of the Salic , Ripuari^ , and other Fo- 
reign Lofws, with Jbme Tieces out ofKnrxcc's 
Laws ; h^ thefe were hut a finall time ob^ 
firved. Afterwards King Stephen, Henry II. 
4»^ Richard I. confirm the fame Laws of King 
Edward. And King^thxii, after much ftruggle 
with his Barons i fwears to rejiore the good 
Laws ^f his Ancefiors^ and ejpecially the 
Laws of King Edward ( and confirms theje^ 
Laws hy way of Schedule or Charter^ which is 
the fame in Suhftance as Magna Charta, cm- 
firmed afterwards by Henry III. And to 
make the fame more ejfeSiual^ this great Char-^ 
ter raised on this Bafis, is by A^ of Tarli^ 
ment in Edwarc} I. Time^ commanded to be al- 
lowed by thejufiices^ in their Judgments and 
Refolutions as the Common Law of England. 
' Thus^ Sir, we find , the Stream af the Laws 
15/* Edward theConfeJfor, flowing frtm a Saxon 
Fount aiUy and containing the Suhftance of our 
frefentLaws and Liberties, /met imes running 
freely, fometimes weakly, and fbmetimes ftoj^^ 
fed in its Courfe ; but at kft, breaking thro^ 
all Obftrudtions, hath mixed and incorporated 
it felf, with the great Charter of our Eng- 
li(h Liberties , whofe true Source the Saxoii 
l^aws are^ Ofid are ftill in beings and ft ill the 


The PREFACE. xxix 

Fauntain of the Common Law. Therefore it 
was a veryjuft Obfirvatiqn of my Lord Coke^ 
who fays^ that Magna Charta, was but a Con^ 
frmatioHi or Reftitution of the Common Law 
^ England ji Jbthat the. Common Law really is 
an Extract of the very heft of the Laws of 
the Saxons ; and where my Lord Coke Ji^s^ 
that an ASl of Parliament made againft Mag* 
na Charta is void^ he is not to be underftood 
of every fart of ity but it is meant only of 
the moral part of it^ which is as immutable 
as Nature it felf\ for no AB of Tarliament 
can alter the Nature of Things ^ and make Ver-- 
tue Vice, or Vice Vertue. 

The Laws of^^wzxdthe Confejfor are men- 
tioned to be pbferved in the ancient Oath of the 
icings e?/Ei^Iand, ujually taken at their Corona^ 
tions ; now this would be not only ajuperftuous^ 
' but an impious Vanity, for the Kings ofEn^zsid 
to take this Oath, if there were nojuch Laws 
in being to be obferved ; for he /wears to keef 
the ancient Laws and Cuftoms, and ejfecially 
the Laws, Cuftoms and Liberties^ granted by 
the glorious King Edward , to the Clergy and . 
People : So that from hence it flainly appears, 
that even Magna Charta it /elf, that contains 
the /ubftantial /art of the Laws and Liber- 
ties ^England, and which Ju//orts the main 



The preface; 


Tatars of our LaWy is a great Branch Jprung 
frim a Saxon Root , and was rat fed and col- 
ie&ed out of the great King Edwarcf / Laws\ 
who culled and thofi them, out of the befi of 
the Laws of the Saxon Kin^t his Trede- 

But if occajim were, one might carry Jbmi 
of the Englifli Laws much higher, in their An^ 
tiquity. Hugo Grotius fays, that as of old 
the Grecian Laws, fb after the German Na- 
tion had over-run all Europe, then the G^- 
man Laws, and Inftitut ions, were almojl every 
"where received. And as the Lombards, Bur- 
gundians, Franks, Swevians and Vandals, and 
other the Brothers and Kinjmen of the Sa- 
xons, Jeated themfelves in Italy, France, and 
Spain, and J^read their Laws inallthe^lacei 
which theyirver-ran^ Jo did thejnits. Angles, 
andSzxons, flant themfelves and Cujloms here, 
Nor is it to be wondered that thefe Nations^ 
Jo four ed out of Germany, Jhould retain fome- 
thing of the Ceremonies , Rites , Terms , and 
Language of their own Country, and alljfar- 
ticifate of the fame Manners ; and from thence 
it comes to fafs\ that there is fuch a Simili- 
tude and Agreement, between us and the Ger- 
mans, French, Italians, Spaniards and Sicilians, 
both in the Canon of the ancient Laws, and 


The PREFACE. Jcxxi 

k the Namn of Magiftrates, Officers and Mi* 
nifters of State, as by a little Obfervation 
-and Qomfarifon we may find there is to this 

Let thefh bfag that mil, fays Spelman, «/ ' 
the Antiquity of their Municipal Laws, Ger- 
many will be fmnd to be the common Mothef 
efmtijl Laws in the ff^eftern parts of Europe. 
TheTerms of Art of fame of the fe nations got as 

far as Conftandaople among the Greeks, where 
ive \n(^ find, ^^Vyd^©- ft and for a Captain , 
frim /^fnVyie a Throng , BwtxfXXoe/©-, he that 
holds by Knighfs Service, from Bucella, a. 
Morfel', and Bucellarius is fo afed among the 
Wifb'^ Got\x&, or fFeftem Goths of Spain. 
yCpAviZ}ot Unifies Homage, y^rot is Gelt, Rent, 
Tribute, &c. fi'om the Saxon word Gild, 01^ 
Geldi BM^aBill, Schedule', and many more, 
which Meurfius, in his Graeco Barbara, has col* 
ie£ted. This by the way ferves to Jhew, that 
there are barbarous Words, ufid as well in. 
GtecK* by the Lawyers of other Countries^ 
#x m Latin with us. 

The mofi ancient Laws of all thefe Teos 
fie, are the Salic Laws, nay, f^e fay 
they are the moft ancient of any now in be^ 
ing. Thefe Laws were made by the Franks,. 
who wer^ of Geriiiany, and the Laws pefe 


k%3di The PREFACE 

fi named Jrom the River Sala i/i Gcrtnany,' 
near ^ which they\ were made. Hence comes ^ 
the Home of the Salic-book, called^ Sal- 
buch, like wr Dooms-day-book in Englaodi 
and is fiill extant in Gefmany ^^ ihU l^ay. 
Thefe. Laws were made in the third Te^^ (if 
Pharambnd, King oftheGttmzn Fratiks^ which 
was One hundred and five Tears before Jufti-* 
nian the EniferWy whopublijhed the^Imj^erial 
Laws. The Author^ whete he has no LaoD^ 
j^uts in his Franco-Germaaick, of the Latin ySi- 
fi^ion. In thefe Salic Laws are to be foimd 
fever al Names of Officers^ and many Terms 
of Law which are ufed in our Laws to this 
^ajfy ds among many others^ Fprrcfta, Foixc- 
ilariu$, ^/r^Marcha. There is alfo Grafio, ai^d 
Comes, which was the fame with the Saxon 
Early and he af fears to be a Judge ^ and to have 
had much the fame Authority \ nee placitixm 
Comes habcat , nifi Jejunus. Among thoji 
Laws you will read of feveral Manners of 
Trial, fuch as were ufed in the Time cf the 
Saxons, as the Trial by Fire Ordeal, by nine 
red hot Tlowjhares ; there you will find alfb 
the Cuftom , of compounding for Manjlaughter^ 
by a Tayment in Money called the Veragek ;' 
from which'noBfidy can doubt, but our Saxon 
Ancejiors had their Weregild, . N^ , in the 



• • • 

The PREFACE, xxxiu 

Jjows of Henry I. you will find many things^ 
vi Sidfiance taken from the Salic Laws ; and 
fme Laws , word for word^ the fame^ with 
the Salic , and Jbme others from the Ripua*. 
rian Laws, Thefi Laws went with Phara* 
xAond eight Tears after into France ♦ and ie^ 
Cjome the Laws \ and in froceJS of time , the 
Cujioms there. Andfome time after ^ thofe of 
the tVejlem, Goths went into Spain . 

The i-cx Almannorum^ Bawarioram^ & 
Franconim {other than the Salic) were infti* 
futed hy Theoderic, the Son of Clodove, who^ 
firft became Chrifiian^ corrected by Childebert? 
"• ^»^Clbthair, and ferfeifed byD^ohtrt. Af 
ter follows the Law of the Lombards , who. 
were a Colony of the German Saxons , and at 
Iqft fettled in \xA^ ^ and now make Laws ^ dc^ 
wording to the Saxon Injiitutions ; and from, 
thence it isy fhat there is fuch a Similitude of 
Laws, Cujioms , Rites, and JVords^ between 
their Laws and ours, as may be feen by a ve- 
ry little, labour in comparing the Laws of both 
Rations. It was from thefe Germans , that 
we learnt to call our Cujioms and Ujages , 
mi;hicb have been time out of mind^ the Le3^ 
non fcripta, which was ujual among thofe 
^epfle-^ feveral of their Laws being in ufe^ 
and fraSfis'd long before they were written. 

c Now 

tixW "f he PREFACE. 

Now tf this Bddy of the Englijh Lams ^ 
our Author has chofe to treat of the mofi fuk^ 
time and exceUent Tart^ that is, the Govern-^ 
fhent, and what we now call by the Name of 
the Confittution\ upon whkh defends , and 
) from which naturally flow^ all other our munp- 
tip dl Laws ^ which concern Religion , Lifi^ 
Liberty, or^operty. Every Body, Mj^rfi 
Jight , mufi perceive our Government is not^ 
abfolute or dejpotic : Nor are our Laws cal- 
tklated for Slavery % fbr as my Lord Qawfi*^ 
don fays, more miferabk Circun^bnces this 
Kif!gdom cannot be in, tbaa under abibltite Go« 
vertimcnt and t\)p€ry. But tho^ our Govern-^ 
hent be not abjblute, yeh it is^ truly Mmar-^ 
chical, and as powerful and great i as the mofi 
irbitraty Kingdom what footer. And it is a 
fnoji certainTruth, that a Monarch (TjTEo^and 
dt the Head of a Parliament , is the Great-- 
eft, moj} Totent, and Happiefi "Prince m the 

Our Scheme of Government is , without 
doubt, the nobkft, the mojljuft,andmofi exa^^ 
that perhaps ever Was contrived ; for it pro^ 
vides fbr the Security and Happinefs of every 
individual, tho' never fo inferior, and yet a$ 
the fame time efi^ablifhes the Glory of Pbo 
Trine e ; it fi cures the- Liberty i>f the Teople^i 
'^ - and 

The PREFACE. xxxv 

^yft firfngtbtffS thf Tm^fr andMajefiy of 
*bi King. 4»d if if ^ertafufy frue, what 
fA« fimi mkk Lsr4 fi^s , m h'u Hiftory of 
tfce,Ciy^ Wars, ph^ «t^ Conftitution is one of 
^bf^UhiJi thingf imheWwU, and fitch at 
fVgry Mfidy m»ft ne^df fee and feel, if we 
mitLUid m^i k^ /i^ hotfeji Vje of our Vnder. 
fiiffttd^i j/ef put <f 'wb^t "Principle I will 
*^*^* h iT$f^efi mfi miferahly mifiaken^ 
nr 4if- leaft mifreprefspfed. 
-■ Therefore that this h^pfiy Confiitmion might 
Ifof Im^ forgot y 1 thought it a piece of Service f 
m^ Gountty, ia t^ake thisTreatife puklick $ md 
Ibdve m Rea^ to doKiht Itut it will live, 4f 
b^g as the Tr^efiiiHf Religion, our Liberties,, 
and the Laws continue and h^ve a Being ; and 
kmg-er than tba, m wife and religious Man 
nwdtJo he wncenid. And if any of the Enemiet 
«f .0^ Confiitntian flsonld 0t any time have 
^osvtr to alter this happy Scheme i I am apt 
t$ tifink it would bf, as Sir William Temple 
fi^, tiJu a Tyramid reuerfed, it might ft and 
ffr a time, bute^uldmver have any long Con- 
tinuance, hut upon its ^yiun firm and natural 
Ar/2r. Jnd the Render has reafbn to expe^ 
kar£ a juft amount ofxtur Conftitution , Jince 
Ufe tnoft celebrated fTriters of aU Sides, have 
ladled to this Treatife by their Qtatipnsi 
■ ' ' . ex and 

xxxvi The t» RE FACE. 

. and have allowed the ExaSinefi md Authoti^ 
ty of the Author, and bis Work, in laboring 
to have him thought of their Side, I believe 
therefore, it will he agreeable toyou^ Stf, m 
particular y who hive ever had a juft Efteem 
for our haffy Conjiitution , and to euery tme 
that has a concern for his Country^ ^nd de* 
fires tafreferve its Conjiitution^ to judge fir 
himfelf and to take a full View of the, Whok 
Mind and Dijpojition offb great an Authw: 
and then he will eaftly judge whether the In- 
ferences made from him bejufi and genuine^ 
which are by fime Terjbns pretended to be 
drawn, from particular Tajfages of his Booh 
and of his Life, and with what Candour and 
Sincerity he is appealed to. 

The firjl Copy of this Tiece I Jaw at Ox- 
ford, fome Tears ago^ in the Bodleian Libraijy 
among the MSS. of Mr. Selden ; and being ta- 
ken with the Excellency of the SubjeHy Ipro-^ 
cur^d a Tranfcript of it^ which I carefully 
examined my felf in Oxford, and collated the 
fame with three other MS. Copies ; two of \ 
kvhich I found in the fame Library y among the ' 
MSS. of Archbijhop Laud , aind Sir Kcnclm 
Digby , and the third I found in the Cotton 
Library : But this Copy is the fairejl^ m/l \ 
/perfeU and complete of them aU^ and was 

X tranfcrir ' 

Tte PREFACE, xxxvii 

tnmfirUfd by Sir Adrian FcMtdcoe'/ own Hand^ 
who was^ a ^efiendant from our Author^ and 
lived i^ the Reign of King Heory the Eighth \ 
fbr I find written upon this Cofy, thefe Words^ 
ifte Liber pcrciaet Adriano Forte(cue Miliit 
manu propria icriptuj. Anno DomiQi ifSTft & 
Anno Regis H. VIII.X4- But Jlr€hbiJhoplA\3i!SiS 
Cc^fiems to be the mofi ancient^ for therein . 
are to be found fevefal Saxon Characters ^ in 
ftveral f laces ^ and fome very old Words dif- 
ferent from thofe in this Cofy ; but all the 
various Readings which are material for the, 
fUrious Antiquary^ I have noted in the Mar- 
gin of this Book. 

As to the Language , it is the Englijh of 
thoje Times' y participating very much of the 
Nature of the Saxon Tongue ; for it has in it 
many Words\ and Terminations of IVotds^ as 
aljo many ThraJeSy purely Saxon : And! chofe 
to fublijh it in its own Native T^reJS^ not 
tnUy as it is a curious Tiece of Antiquity ^ but 
that every Man may be Judge for himfelf of 
the true Senfe and Meaning of our Author^ 
and lay no Imputation on the Tublijher^ of 
altering the Senfe ^ in attempting to give it a 
more modern Drefi. The Antiquity of this 
^iece is a great Addition to its Value and 

Wo^th xfi^ '^^ b^^^ ^^^ Happinefi, Sir, to live in 

c 3 ^King- 

xxxviii the tS.EFACEc' 

a Kingdom, where (Htf Lafds a^e lUft Jpuk. puf^ 
of Mens Brains, pro ferntta, but an tmfi^ 
der'd, debated, tried, dndpraifiidv Aftd-ifif'- 
ter hng life dHd Expirmt^, they art j^ni, 
^od and Jerviceahle to the Kiftgdmn, tbty 4fi* 
delivered dowH to T after ifji • and wh0t tbey^ 
hwve been thus tn ufet and p'a^i/d thne atk 
&fmind, then they commence, audariftifi^s^A 
part of the Common Lat^ oftbeKiM^M» : fi»> 

I « 

tho' all the Lawyers and Stu^e/meM^ kom ^ 
"ving, Jhoutd agree in the fame Sentiment wk^^ 
Our Author^ it would not ha/ve the fame Aa^ 
thority ; for 'tis nothing but kUgth of Tim 4 
Time immemorial^ can make 4ny thing IPdrf, 
of our Conjiitution. 

That Sir John Fortefcue wai the Author if 
this Tieee cannot be dtmbted $ thU M&. hl^ 
ing taken notice of by Mr, Selden andfeveral 
other Antiquaries y and bein^ Jo long frefhs 
vied in the Family \ be fide s^ there are Jeveral 
€ofiei of it extant in fever al Hunds^ and ais 
kw'd by all learned Men to be genuine. 

tie wai made a Serjeant in Michaelfoks 
Term, in the Eighth Tear of King Heaty Vi 
andfome time afterwards was made Kin^s Serr 
Jeanty and in the Twentieth Tear of the fiam 
King, he was made Lord Chief Jujiice of Eng- 
iand \ In which ¥ lace he Sfpenc'd Jufiice fn: 


The PREFACE, xxfcix 

dknoft twenty Tiars^ with great Integrity 
and admirable Abilities. All good Men^ and 
Lovers, of the EngUJh Conftitution^ Jpeak of i 
him with Honour ; and he ft ill lives ^ in the' 
Opinion of all true EngUJh Men^ in as high 
Efteem and Refutation as any Judge that 
ever fate in Wcfttoinfter-hall He was a Man 
acquainted with allfbrts of Learnings befidei ^ 

his Knowledge in the Law^ in which he was 
exceeded by none^ as liiill appear' by the many 
learned Judgments he gave when on the 
Bench , in the Tear Book of Henry VL His 
Charader inHiftory^ is thatofTious^ Loyal^ 
and Learned; and he had the Honour to be 
caWd the Chief Counfellor of the King: He 
was a great COurtierj and yet a^reat Lover 
of his Country. 

He had extraordinary Favours Jhewn him 
from his Trine e ; for bejides the ufual Salary 
oj a Chief Jufticcy he had granted him an 
Augmentation * of it two fever al Times ^ by 
two fever al Annuities ; . the laft of which 
was an Annuity of i%o Marks out of the Ham- 
per^ (a great Sum in thofe "DaysJ that he * 
mighty Statijm luurn, decentius manutenere,- 
as the Record fays ; and with thaty was 
granted the Sum of ii6 s. ii d. 4. percipien- 
dum fingulis Annis ad Feftum Natalis Domini, • 
pro una Roba, & Furrura pro eadem, eiga 

c 4 idem 


.. -* ..• 

3d The PREFACE. 

idem Feftum; & 66 s. 6d: fingulis Annis, z^ 
Feftum Pentecoftes, pro tina Roba, & Linara 
pro eadem eiga idem Feftum ; ibe like Favour, 
as Mr. Selden obfervest having never been 
granted to any Judge before. 

As to his "Pedigree, he was the third Son of 
Henry Fortefcue, Lord Chi^Juftice of Ire- 
land ; who was Son and Heir to J'/" John For- 
tefcue Knight y Captain of Mezax Caftle, and 
Governor of the Province of Brte in France, 
under king Henry V. which Sir John was fe- . 
cond Son of^'^i^m Fortefcue <7/"Wimefton, in 
the County 0/ Devon, Efq\ whofe lineal Ance- 
fioTy Sir Richard Fortefcue Knight , the He- 
ralds fay, came into England with William the 
Conqueror. He was (T/'I^incohiV-lDn, andpur- 
chas'd afmall Efiate, calPd Ebrighton, about 
300I. per Annum, near Cambden in Glouce- 
fterftire, which has continued in the Famify 
ever Jince, and is now enjoy' d by your Jelf as 
his Heir at Law, and lineally defc ended from 
him. He now lies buried in Ebrighton C6»rf<&, 
. where there is an ancient Monument ereSied 
to his Memory ; to which is added 4 La- 
• tin E/>itajfh by Robert Fortefcue of Fil- 
leigh, Ef^; Vncle to us both. 

Befides , 

TK^ preface: jcli 

r Befides the Treatije, De Laudibus Legmn 
fksx^2sii, which was re^inted with Notes by 
the learned Antiquary Mr. Sdden, and this 
Treat ije^ he was the Author of fever al other 
^ieees^ me of which ^ I believe, Jl/nScldcn 
never faw, and which I have ; imd ferhafs 
fbme time or other, may fie light. \ 

. Having been fomething acquainted with the 
SaxonTongue^ and finding in the Style of our 
Author fo much of the Saxon Thrafe and 
Ideomy and indeed fi many W(frds entirely 
Saxon , I could not forbear making fbme Re^ 
mdrMs on -the Language ; which I the rather - 
have done , to refine our Author from the Ig*- 
)horance of fime y and Malice of others ^ who 
ure aft JQ take many ofthefi old Ideoms^ fir 
the Miftakes of the Author , or fret end to ob* 
ye£l them as fiich. And it will not ferhafs 
te difagreeabk to the Englijh Reader ^ to have 
the Obfiurities cleared uf to him , and at the 
fame time , to obfirve the great Affinity be^ 
.pween our Language and the Saxon ^ and to 
be thersby fsa into a Way. to trace the Origin 
nal of the Englifi> Tongue. The Inftancei I 
bdv£made ufibf are generally fich as are moft 
ufifid:^ and the Tranjktion of my Saxon ^Or 
tations , / have furfofily render^ d^ not the 
Wfji flfg^nt^ but fich as do jnofi gxal^iy exj 


xlii The TRET ACE 

friji the Sknfi^ akd agm ^Witk the 
TMgue, fir the Encouragement offich ymi^ 
Gentlemen sx nut^ think it W9rtb tibeir whiia 
U look into th0t Language. 

As to the Winrds I hafve gloged^ I han;i 
not taken them en truft from others^ hut have 
Jearch'd the OriginaJi my felf in almoft every ^ 
'L^nguage^ fivm whence I hafve derived them. 
And in making Jueh Gkfs^ I had a fartheir 
View^ which was to recommend the Stud^ 
of the Saxon Language^ which I mufi Beg 
leave to Jojf^ U not only Ommhentaly butVfe^ 
fkl^ n^ neceffary to Jmo Terfins smd Stn^ 

^is enough^ in order to recom$Hend it to all 
ourioMiMen ondThilologifts, to fitf, it k the 
Mother of out Engli/bTongue^ and confequent^ 
^to imve a complete Knowledge of it\ tho 
Saxon muft certainly be very ufiful. A Man 
can't teU twenty^ or name the l>wfs of tht 
fFeekj ha he m^jpeak Saxon; anditfiems 
not becoming a Man of Lemming to do thast^ 
^U daify to db tf, astd not to know what 
Ldngnage be Jp£aksi 

Thu Language will help him to MeUtU 
tudes of Etymologieiy which he cannot kam 
pwn any oiher^ mdjuch as are ufeful in Com 
^erjation a^nd Bufinefi, Th^o is n9 Nation 




Mtff bds Jiad tht ledfi Tdfit »f Lesmkg, bu^ 

'what have dealt in Etymokgtet , M^hkh ffOfli 

faM in fhtir Naturit as weU as Name, the 
true ReajhH^ ef fixing jUch famkuhtr Hoti^ 
dMS and Ididts to fitch foHkiUtir Ten»i ; and 
where genuine i give a mdre emj^ehenjheldett 
•fthe thmgi md helf Men f9 4 gvekter C<?jw*. 
fafi »ft&ughti and fkntMjh Mf MdHerfhf 
Atgument. But thtf m Etymokgy, JhiBif 
jpiaking, is n6 more thdn a ^Derivation ofiht. 
f^ord or Nom \ yet Etymldgies fHnt a Sa^ 
fCPn. Ordinal tviU often prefintytu "tuith tho- 
^DtfinUum of the things in the Reafbn of the 
time. ■ For the SaxoHs often in their Namei 
99rjfre^ the Mature of the Thing i at in th^ 
#^«r/Parifc, in the Saxon, »f ir Pjwort-rc:b*, 

which fignijies , the PrecittA tt Which tht 
Ptii^ tell the Care ; in Engli/h, Prieft-^Aire. 
jfi^, edbejimfth-Tre^, is the Dhrifion or Pr^ 
i&aCt &▼« which the Eai-l heretofore, as nmu 
the Sh&ijf, had DdaMflion ot jurfflidion , 
Wkkh iut Htrj^ eati a Coutity ; in Englip^, 
the AtdenMb^d df fiarrs-fliire. Throne in <$5*. 
jttin; is exfteffed by the emfonnd H^o^d 
l^yio-f^tle^ that is, the S«at of Majefty. 
A LtHtaxkk is ealPd CQona^-feoc, that is, oae 
wha i» fick dVcfV Mdotb. or Moooikk t dstd 




M^ poifeisVl with a DcvU , is cdWd^ D'eopet- 
j^c, (T Devil-fick. 

. The Saxon fFcrdy eojv^jemcr, Earth-inete, 
or E^li-meafiire , J^f^ifies juft the fame at 
%h^ Greek fFprd GtomsxiiaL, Geonictry, and^ 
ff 4 Compound of the like Words ; for €op^ 
fgnifies ]Earth^ andXstm^c^ Menfiira, (nr Mea- 
fiire. ^nd had we not loft this old EngUJh 
$axon Wordy Cop^semer, and taken into its 
flace the Word Geometry, from the Greeks, 
^eofle could never have hen Jo fdly as to 
y&y, as is pjually /aid of a nice Tiece of Ar^ 
fhiteSfure , fhat it Jiangs by Geometry ; fir 
fhe common people ^ tn thofe T^ays^ knew 
whap W4S meant by the Word then ufed^ as 
well as the beft Grecian^ iy that which is fttb^ 
ftituted in its place. 

From hence ^ one fnight be temped to think 
that the fonmonTeof^^ in theTime of the Sor 
jxons^ underftood more than the common Teoflei 
pow^ or at leaft werelefs exfo^dto Miftake ; ^e? 
caufe the Words of their Mother Tongue were 
more comfrehenfive and feientifical^ Mdlefs 
liable to give them wrong Ideas. So th^ Sa^ 
xon Word Depim-qMeFTis, expejfes an Arith- 
metician, as well as the Greek A^^ix{\iw^ 
3r Latin Aiithmcticvis \ indeed , it exfref 

The PREFAC:E. xlv 

fes it fMre fUUff^ for fcrepim, fignijies Number^ 
and cjiaepnij is aa&yj or knowing , that U^ 
one knowing; skilled^ or skilftd in Nomb^s ; 
"whereas the Greek imfcrts onfy a Nomberef^ 
cr me that has fbme Relatidn cr i^ther to 
Numbers ; aud this was underftood by tvery 
Saxon Teaman , without the AJfifiance of any 
otherTongue. Now this Jhews^ that we had nO 
neceffity of taking in theje Greek Words into 
cur Language y to exfrefs the Idea^ which 
"Was as well exfrefs'd before^ but only out of 
delicacy, becau/e they feem'd to have a better 
Sound. When the Words which flood for 
Arithmetick, Geometry:, Afironomy^ Rheto^ 
rick^ and Grammar^ were ffoke among thi 
Saxons^ everyone underftood them \ but no^ 
having Jubftituted Greek Works in their pla^ 
cesj they are not underftood by any but thi 
learned ^ tho' every Body would underftand 
them, had they been continued in our ow» 
Language. So. an Aftronomer ^ Rhetorician ^ 
and Grammarian^ in that Language, are ex^ 
frejfed by^ Timgol-cpxFrij ^ Sppaec-qiacpnj, 
and BrxF-cpacpris 5 T.UB150I is a Star, Sppsec is 
Speech, W Scacp is a Letter, Now thefe 
exfrefs the Ideas more fully than the Greek ; 
importing one skilful j or skilled, in Stars ^ in 
Speech, and in ,t&xe[S. flence it is that the 


xl«i The 1? RE FACE: 

g(^«fiIgaiCaeot of the Gri^^k. 

^inStisf Wfrtkmjas tktt imlgar Error, $h§f 

fylkkkt. U is true uUetd, thai twft of ouir 
•£ngi^ MifmJStiMks t«m frm tin Stxoiu^ 
kuHb(^k*v«itv^ Variety 9ftmf!«iimdWmrdt>, 
4mi fme fffeven or eight SyUable^ ; tmd a/ 
ten eftn^smd fftto me fmgk W«fdy three » 
fiur Words ufed i» Latin^ 9r imdent Engtijbi 
to exprefs the fame thiu^ ; Af, tfe^ Piecds of 
tbc Bi&op of Lpodo© , inl^atin, Praqft^awra 
€{q(copi Xoodto^fis^ is expref/d h **^ f^ord 
^theSamn, LonboQ-cegjt^^-b^op-reacle, tbc 
fiifttop of \xaAovL% Seat or See. So, Eiuis^iaftaF 
b^lH^rc^^uca, in me fFordy ^ifies the Choncb 
<»f theCityof Canteibtirf; i» Latin^ Ecclefia 
C«Q£aari<»ns. Un-jslyj^nfiibc, Jl^i/i)?/ not, to 
he believed ; wi-se]waceiif4ice, without Fore* 
thoi^ht f un-^e)atBni)^eii£4ice, without Pi^i^ 
loent, or Scoc&ee. So that in Compounds this 
lamgn4ge is very hap0 , wherein are ex-, 
frefs'd the ^Uties, Relations, and. ./^ 
&ions of things , conjpieuov^ and ekgantiy. 
Death is ex^efs'd by Carr-jeBal, vo^ich nmrd 
for, word, fignifies the Sepvauion of the %orii 
fi«om the Body, or Sout-SefMuatioa j Caj^ fig' 
• ■■■'■ nifying 

The PR E F A C E 

in^^m^ Ghoft, -ot Soul, ««/ CoCMk,. Sepa^ 

H^bdt Jkd Work dots u vMlgat Ca^iiSf^ 
make of the hard Wcr4f, Ortbodm^ 4md flir* 
reticki wbeu, fimtldyou ha^tx ^akt the fmm 
tbmgs m tht Ssxut Lmguage » wbtrm Or^ 
tj^odox if exfvefi^d by pihc^eleafviiiiU, cmc 
wbo was M of , «r h^a r^t Belief; ^iMt 
Hercrick ^Dpol-nan, one who dwells iu Brr 
ior» thefMwfi St^xm QbuH ^midd b^nu Hft- 
dfrftvodyoM ; >!r<«r could he here have Mndp^ 
fteod the Terms mth^ut- the Thutg ; mr wss 
there need ef Sib^LeAming t9 underftattd 
thd/e Term. Hflw hmdjme is the Word 
l^iwifecs e9(fr^'d 4m»g fbf Saxfnt , wbf 
calfd them , jmboff^hiiiew, «r fepaiatc-holy 5 
Meo holy tpatt by themfelves, «/# Holinefil 
tubereby th^ "mere fej^a^updi attd diftiiffl i(h '4 

bal^^m, holy*.. 

72ftf is the Lmgv<*g^ in whkh the ^wr. 
liefi Reyal^rogae^^s^ (^ o»^ mfi fms >md \ 

tx^eUfnt ^ufien^ ^mied the mte BeH^m 
emMg MS \ ifi, ihis IdViguge they recekfed 
the Cbrifiinn Religkm . dftd the jqyfitf Ti-. 
diffgs ^ the S^kamx «f the Wor^, Intlm 
JLanguage, the ^^ivitP Fatthevs ^ 9ftr Gum* 
try^ the Jkms Semon Ki^gSj hid Skt h^ 




ylvm TKe FRET ace: 

Fcundatums of Mr Liberties and our Ldtbs.. 
Here you may fie how they guarded their. 
Religion by' their Laws, They frohihit^ 
ed by. an ex^efi Law^ not only to exercifr- 
any Calling b^t to do or tranfaSt any worlds 
Pjf Bufinefiy oh the Sabbath-day i and- this 
Law not being ever refeaPd^ as we know of^ 
nor {as is to be hoftd) ever grown into Juch 
nniverfal Dijufi as to induce a probability of 
a Repeal^ why Jhould it not 4fe the Common 
Law of England ? So ftri£t were our fious^ 
Ancefiors in keeping this ^ay hofy^ that they, 
made a Law , that if a Villain or Slave did 
work on the Sabbath-day^ if it was by his 
Mafiet^s Command^ he thereby became free % 
and the Liordwas to forfeit 30 s. ^hich was 
then near as much in ^antity as ^l now ; 
but ifjuch Work were done of his own Head\ 
without his Majier's Kmmle^ey th'e Villain. 
or Slave was then to be whifd : And if ^ 
Servant who was free^ broke the Sabbath 
without his Maftefs Command^ he thereby be^ 
came a Slave ^ or elfe ^was to forfeit 60s. a 
vafi Penalty for a Servant in thofe ^aysi 
And in cafe a Trieft did offend in this Nature^ 
he always was by their Law {in this cafin 
as indeed in all other) to forfeit double what 
V Layman^ wastofrrfeit \ becaufe they thought 


The PREFACE. xlix 

he was n^re inexcufahle^ as knowitig his 2)^- 
ty better^ and the Example would do double 
the Mlfchief. The Ten Commandments were 
htaHe part of their Law , atld con/equently 
were once part of the Law of England ; Jo 
that to break any Of the Ten Commandments^ 
was then efietnidd Breach of the Common Law 
^England; and why it is not Jo now, perhaps 
'it may be difficult to give a good reafon. 

To a Lawyer , even a TraBicer at the 
£ar , this Language taHnot but be of great 
^Je.; fince the very Elements andFoundati>-^ 
Ms of our Laws, are laid in this Tongue % 
knd for want of it the very Terms of our 
Law are fometimes mijiaken^ and often not • 
throughly . underjiood : for we have many 
Law Terms which feem to be French, yet are » 
only di^uijid in a Normdn T)refs, and really 
have a Saxon Original. As to injiance in one 
Ward, injiead of many ; we read in the Corn- 
man Law many things concerning Name, Nam, 
Naam, Jomelimes Nzm^s and Nams, fgnifying 
aDiftrefe, which in the barbarous Latin, isNk- 
mium; and from thence comesNsimatio, and the 
Verbn^mixt, to deftrain. All which are plainly 
Saxon Words turned into French and Latin , 
and come from the Saxon Verb niman, capcre , 
to take ; which y when underjiood^ Jerves very 

d much 

y I 





mu€h to clear uf all that intricate and i^^ 
ftrufe Learning , de Namio , and t$ ^t an 
^ndto the "DiJ^utes about the Difference be^ 
tween Vetito Namio and Withernam ; abwt 
2. Inft. 'ivhich many^ as my Lord Cokt fays i have er^ 
red, thinking they 'Were the fame. Now if e^ 
to Jhew the T>ifferencey appeals to the Etym^ 
hgy of the Word Withernam , and f^s it 
comes from the t'tvo Saxon Words Weder, and 
Naam ; Weder, fays he^ which common Speech 
has turned toOdcr, or Other; andN^Oim, which 
comes from the Saxon nemmcm, or nammem, to 
take hold on, or diftrain. i\&w they who are 
acquainted with the SaxonTongue, know that 
there are no Jkch Words as thefe in that Lan^ 
mage \ yet this is to be r^^^^»^^ Vitium Saeculi 
only , and not to be imputed to that great 
Man^ but to the want of Books and other 
Helps to the Vnderjianding that Tongue :■ 
However the Meaning of thoje Wwds^ which 
my Lord Cokt Jftppo/d to be true Saxon ^ be- 
ing much the fame with the true Saxon, his 
Argument remains as ftrong and forcible % and 
at the fame time the Error argues a firong Ne- 
c^ity of under fianding this Language, to clear 
up fuch "Difficulties. 
For the tfueDerivation ej^Withernam is from 

the Saxon Words pij>ep, wkher, which fgnifies 





(Statfi, Gotitraryv^/r^nam, ^rmih, captio, or 
taking j that is, contra captio, contrary taking, 
Cf" takitog by way of Reprifal , which is the 
true Meaning dfthis Word, and to fi arch for 
dnjf^ Qther Originai is iH vain. This clearly ex- 

^^ __r • 

plains what is meant, by takingGoods in Wither- 
nam, which is no more than to take other Goods 
of^ohn a Stiles, in lieu of Goods which he took 
unddr colour of difirefs, and will not deliver 
when required by Law. So in the Cafe of the 
Writ, r/^//f ^/ de Homine replegiando, which if 
Jiies to deliver up the Terfon of another, when 
he is detained againft Law ; if he who had the 
Cufhdy of him, has difpofed of hhn elfewhere, 
fi as that he is not delivered according to the 
Command of that Writ , another Writ goes 
out which is called a Capias in Withernam , 
which is to take his Body by Way of Reprifal. 
This Word Withcm^Lm alfb fignifies Reprifals 
taken at Sea, i^ Letters of Mart-jhips. 

The Words naam, nam, andnmi come from 
the Saxon Verb mman, capere, to take ; and 
firi6flyfgnify liking, but figuratively th^ thing 
taken ; and thence it is , that Napaps and 
Nainium come to fignify a Diftrefs : as where 
mention is made of thofe who hold ^ka de' 
Vctito Namio , the Meaning is , holding Tlea 
of Diftrejfes taken and forbid to be replevied. 

d X - This 

lii The PREFACE/ 

This Inftance jhews how precarious it is, tQ 
barrow Etymalogies from others , and to irufi 
to Tranjlations for the very Terms of our 
Laws. 'Tis too common an 'Opinion among 
thofe whoftudy the Law, that the Knowledge 
of Law French, as they call it, is Jufficient 
for making themfelves Mafters of their Tro- 
fejfion ; whereas 'tis plain, that having Re^ 
courfe to the Saxon Originals is of great V/Cr 
not to fay Keceffity, to a perfeSi Knowledge 
of the true Reafon of the Law, which for 
want thereof is fo often and fo grofly mijiaken. 
Xndeed, without being acquainted with the 
LaiS) French , wherein fo much of our Law^ 
yet in force, is written, a Man cannot pre- 
tend to the Name of^ Lawyer ; but by adding 
th§ Saxon to it, both the French, and the Laws 
therein wrote will be much better and more 
clearly underjiood. 

And hfire I cannot but obferve, that while 
the Saxon is totally negleSfed, fome, not con- . 
tent to learn the Law, French for what is al- 
ready wrote in it, feem fond of the ^/e of it, 
and of writing new things in it^ ; but for 
what reafon I am at a Lofs, and at a great-- 
er yet , why any Lawyer Jhould write Re- 
ports in that Tongue. The beji Lofw French 
is that which we find in the old Statutes 



and Tear Books ^ which is Juppo^d to be that 
Tongue which the French Jpoke about the Time 
of William the Firjt , and Jbme time after : 
That is to fay , it is the Speech which the 
French themfelves have laid afide ds impure 
for above five hundred Tears. So that Law^ 
French is nothing but the barbarous unfolijh^d 
Beginning , or Chaos of the modern French \ 
and Jeems, in my Opinion^ to Jerve for little 
^IJfi J but to cramp good Senfi , and confine 
the beft Reafonifig, within the narrow Limits 
of a Tongue formed in the Ignorance of Times. 
AndcaH any Englijhman, whofe native Tongue 
far exceeds the French after all its Refine- 
ment^ value himfelf upon writing in that 
which is the Refufe of the French Language I 
But if we confider the prefent State of Law 
French , as ufed by Jbme modern Reporters ^ 
wherein all the antiquated true French is loft^ 
and inftead thereof Englijh Words Jubftituted 
with French Terminations tack d to them ; this 
fiill makes it worfe , and thereby it is become, 
^even the Corruption of an imperfeEl and bar^ 
barous Speech^ underftood by no Foreigner^ not 
even by the French them/elves , ferving only 
af a Mark of our Subjection to the Norm^^ns, 
^ndfor the ufe of which the French dejj^ife us. 


d 3 ♦ 




Nay, can any Englijhman write in tbu 
Tongue, and not 'bring to mind that Jlavijh 2)^-. 
Jlgn ^William the FirJU, totally to extinguijh 
4nd abolijh the noble Englijh Language ; fir 
^hich Turfofe be made a Law, that all T lead- 
ings in Courts and Arguments at the Bar, and 
W the Bench jhould be in French ? But the 
Vejlgn faiN ; fir tho' this might ftof the Pm 
i^?J^ ^f our Language, it coiild npt extirpite 

it, altho' that. Law continued tiU 36. £. ///, 


when a Law was made by that great King^ far. 
the Reftoration of the Englijh Tonguf. The 
true Reafin of that Statute , if given in the 
Preamble ; T^at in foreign. Countries, Juftij^t 
was always obferved to be keft done^ whertt 
their Laws were Jludied and fraStifed in 
their own Language. I Jhall then leave it tet 
ke confidered by thofe who fublijb Rjepdrts, 
in Law French ; Whether it is not 4 tpijho^ 
nour to our Nation , an Affront to pur Lan- 
guage^ infinitely preferable to that of the 
French, and a Compliment paid even to. the Bar- 
barity of that Teople ? Whether it Is not doing 
Injujfjce, to every eloquent Judge upon the 
Bench, and ta every good Speaker at the Bar, 
and mi fer ably enervating the Arguments ofe^ 
very kandfome Reafoner ? It^ is not in the^ 
¥ower of that Language^ even in its Turity 



Md higheft Improvement J to refrefent a good 
Mafculine Englijh Sfeech ; and^ were it ne- 
ver Jo good a Language, a Tranjlation can ne* 
^ver come up to the Original \ and writ ingRe^ 
forts in French k nothing but frejenting the 
ff^orldwithTranJlations^ inftead of Originals. 

But to return to the ^Je of the Saxon Tongue \ 
a Lawyer has this farther Advantage, from^ 
the Knowledge thereof \ for it will bring hirA 
acquainted with a Body of Laws, madeunderoui^ 
Saxon Kings, for the S^ace of about five hundred 
Tears, as yet extant in this Language, and 
mqft of them printed and tranjlated by Mr. 
I^ambard, th(f to great T^ifadvantage. But, 
for the Benefit of the ^rofefors of the Law, 
and other Loyers of Antiquity, the reverend 
and learned Mr. Elftob defigns to fublijh a 
more commie at, and more corredt Edition of 
thofe Laws ; from whom, as he is Mafter of 
the Language wherein they are wrote, and of 
the other Northern Tongues, as well as skilled 
in Hifiory and Antiquities , the JVorid may ex^ 
feBavery exaSl, and very ufefulTiece. 

In this new CoUeStion of Saxon Laws, there 
wiU be added King EthelbertV Lanjus, who 
was the fir ji (thrift ian King of^thje Saxons, 
never J^fore fublifioed many Volume of Laws. 
Jn this„ LambardV Tranjlation of what h^ pub- 

fj 4 lijhed^ 



lijhed, will be re£lify'd, and the true Senfe aM4 
Spirit of the Law preferved throughout ; to- 
gether with learned References and Obferva- 
tions thereupon. And thefe Laws^ giv^ me 
leave to fay^ Sir^ thd of Jo great Antiquity^ 
will appear upon an impartial Verufalofthem^^ 
to be neitherfojhort^norfo ryi^de^ but that they will 
endure a Compartfony with<the beji Specimens of 
this kind t^ be met withy tn the early Laws, (f 
neighbouring Nations ^ the" of a much later date 
than thofe ; and J doubt not will be ff^ghfy ac-. 
ceptable to all Lovers of Antiquity^ and par-. 
ticularly ufeful to the Englijh Lawyers^ wha^ 

I hope y will fnd both Tleajure and InJlruBion 
therein y and that none will think he has fnu 
Jhed his Studies of the Common LaWy without a 
diligentTerufalofthem^ in theTongue wherein 
they were wrote ^ thd h^ make ufe of the 
Tranjlation to aJJifi him in Jo doing. A Fo^ 
reigner would be furprized^ Jhould be hear 
that Jiich a Body of our Laws was wrote in 
a Language y which was the Mother- of the 
Englijh Tongue^ and that our Englijh Law- 
yers didnegle£i the Original^ and thereby were 
forced tojloop to Tranjlatians. To quofe Lam- 
bardV Tranjlation of the Saxon LawSy is Tthe. 
quoting of Dacier, for a Verfe in Horace ; or 
rEftrange,/^r a Tajfage in TullyV Ofjices. In^ 


The PREFACE. Ivil 

which the Authority is really attributed to the, 
Tranjlator^ and. not, to the Author ; fir in the 
one cafe you^uote Lambard,, and not the S^axon 
f^Awsy and in the other L'Eftraoge, and noi 

■ 'Tis endkJS to recount the Miftahes of great 
Lawyers , Hijiorians , Geographers , Lexico- 
graphers and Antiquaries^ for want offome . 
Knowledge in this Tongue. The mention of 
Jbme few of them may he of ufe^ to incite young 
Qentlemen to ftudy a Language j the want 
whereof has betray d Jbme great Men into Mi- 
fakes ; and fir that End only, and not out of 
any Vanity ofjhewit^ their Failings, but withj 
all due Regard to their CharaBers, I beg lea^e 
to hint fime few of them. This Language was 
very little known in my Lord Cok€s Time, who. 
had little Affiftance therein^ and few Oppor- 
tunities of being acquainted therewith, with- 
out /pending more time than it was poffible 
fir him to Jparefrom his more necejfary Stu^ . 
dies , elfe his Etymologies would have been 
much more exaB. He Jays in his firfi InfliJ 
tutes , that the Word Hcriot comes from the 
Saxon Hcrcgeat, that is, from Here, Lord, and 
geat, beft, as much as t a Jay, the Lord'-r beft ; 
but this is very wideof the trueTyerivatibn, fir 
JJ^rj^e^t, by the Saxons wrote thuSr Jjepejear, 


Jviii The PREFACE. 

4n$ong tbemJigm^eiiBtlliojLS apparatus, Armoiir, 
Weapons, or Pro vifion for War , from the Saxon 
ff^orJt)cjiej or here, which fignifies an Army ^ and 
seat,' or -^eovj fuiiis, effiiius, quad fueric quid 
in Exercitum erogatum, and was a Tribute of 
old given to the Lord of a Mannor^ for his^ 
better Preparation towards War \ and there^ 
fore at their firfi Inftitution^ they were 
paid in Arms and Habiliments of War ^ as 
you will fie among the Laws of King Canutus : 
One of the King's Thanes was to pay for his 
Hcriot; fourHorfes^ two of them equipped^ 
two Swordsy four Spears^ and as many Shields ^ 
a Helmet y and a Coat of Mai l^ 

So that it feems this Heriot was fo far 
from being the bejl Beafty that it was rather 
the beft Arms. And indeed^ this was an In- 
vention of King Cj^nutus, to fapphf the Want 
tfhis l^anijh Army^ which he had disbanded 
at the Importunity of his Subjects ^ by procu^ 
ring great Vart of the Arms of his Kingdom 
to be given ta him, and to Lords ofMannors 
under him^ as a Tribute. This Jhews likewife ^ 
how this Service (jfaHetiot, differs from that 
of a Relief, which is confounded by many Wri- 
ters with the Heriot , as. tho^ they were the 
fame ; but we never read ofanyjuch th^g as.a 
Relief at^ng the Saxons. In Trocefs of Time ^ . 


The PREFACE, lix 

if^his Heriot fame to h f4id in Goods , and 
now very often in Money, , . 

So my Lord Coke brings the Word Hufting, 
from two Saxfm Words bu^ a Houfc, audf>m^y 
Thing ; whereas the Word is a pure Saxon 
Wordy wrote thus, Jjuftinje, and in that Lan^ 
g^agefgnifies Concilium,/^»)^ Council in general, 
Qr^^ Court, ^nd therefore it wasapplyedto 
the, fufreme Court of the City of London ^ 
c^i7ei The Court of Huftings, which is of Saxon 
Ex trait y and heretofore was held every Mon^ 
^. In this Senfeyou find the Word ufed in 
Cron. Saic. An. ioix« Cenatnon )>a ]K)ne Bifceop. 
•3 l^b&en hine ro hiopa burring 1 They took the 
Biihop, that is, piphegus» $(nd led him to their 

It isfaidbytny L^d Chief Jujiice Hok, in 
ICcy lingV Reports, in the cafe of the Queen and 
Mawgridge, that Murder was a Term^ no 
where ufed hut in phis Ifland, and was a Word 
framed in the Reign of King Canutus, upon a 
particular Occafion ; and for that, he quotes 
4 Law of Edwaf d the Confejfor, in the fol- 
lowing Words, Murdra quidem inventa fuerunt 
in dicbusCanuti Regis. But this Word Mur- 
jdcr, is a Saxon Word, and to be found infe^ 
perall^ laces in the ancient Sapcon Laws, and 
k of a very ancient \Date, probably as old as 

• . . : the 

Ix The 

the Saxon Tongue it/elf, w^ich is about five 
hundred Tears older/ than CanutusV Time. 
We frequently in Saxon Authors find the Words 
Q3oi«>up,COop'5ep, ^^iojjop&op, Murther, ^r Mur- 
der, and the fe come from the ancient Saxon Word 
Ppop^B, which fignifies a violent Death, or fiid- 
den Deftrudion, and fimetimes fignifies IVfurr 
der in thefrefent Senfe of our common Lawyers. 
JFr&m hence comes the barbarous Latin Term- 
Mordrujn, ^»^ Murdrum, and the Verbs Mot- 
drare, Murcfrare, ^«^ Mordridare, which are 
of much greater Antiquity than King Canudis, 
who began his Reign but in loid. Sometimes 
Murder omQng the Saxons , is exfre^d by 
cpop^-&2e^, and OOop^-peopc, a deadly Work, or 
baneful Deed. 4$(i? cpop'S-rlaga, ix a Murderer, 
M ^iir^^r^i^Zr^/i^ Murdrator, ^at/ir^ COop^flage, 
a killing, or murdering. In Teutonic k d^Qj^H , 
fignifies Death , from thence ym have fll^jlierf )e» 
a violent Death, Homicidium, Tracidatio, vulga 
Murdram, in French Meurdre, in Spantfl^ 
Muertre, in EnglifloMsxiditx. From thence the 

Teutonic k Verb ^pOD^ett, is Murdrare with 
them , and from thence comes the Adverb 
9^(D|tieIfncitSf 7 infidioie, more Sicarii , vulga 
Mordrice. In Ifiandick it is ^gtO^H, which fig^ 
nifies Homicidium occult^tmii, and S^OIHfttgjS 
jflandf for Sicmas, an AlT^ffin; fn Qothick it isi 




Maurther; in mufiy Places in the Go^et 
youHl find this Word Jignifying ^'l^&A Murder, 
Mar. 1$. 7. Tbaei in Antigodau Maurther Ga- 
^awideaurr, in Englijhy Who had committed 
Murder alio in the Infurredtioti. John 8. 44. 
Gains .Manna Maurtherga was^ fram fhimifl^^ 
that isy He was a Murderer frdm the begin- 
ning. Vfon this Oecafion Marefcal fays^ Com- GUffar, 
plures interim viri &mmi, jam olim obfervavc- ^^^*'" 

^ ■ "^ cum. 

rint, maximos quofque Septentriones Legifla- 
tores tilO^Q^f & ttlttrDl^fY vocabula varie (pro rati- 
one nimium fibi pecuiiaris dialedbi) in Lc^bqs 
Latinis adhibui/Te ; unde poftea plures quoque 
Europas ivoces ealdem deprompfi/Te atque in ver- 
naculucn fibi fermonem tranftuiiffe judicaotur. 
From hence it feems fretty flain , that this 
Term fwas not only ufed in foreign Coun- 
tries , but is of very great Antiquity among 

them^ and common to almofi all the Northern 
Nations, • 

. And as the Term Murder was frequent 
among the Saxons , Jo from them we had our 
Law Word Manflaughter , which manifeftly 
comes from the Saxon Word cpanflyhi^e ; and 
among King InaV Laws^ there is a Title of 
Laws called. Be cOanplyhre , de Homicidip ; /^^ ^^^^ 
and the Crime there mentioned is Manflaughter ^«^-33> 
only, in the Senfe of our Laws. They hadal- ^^ 

kii The PREFACE 

,fi aTirm eaWdlStof^Xyhtt^ i«r Thiefflat^hter,^ 
whuh WiiSi when a Manfiew a Thief ju0 up- . 
en doing theABs in which Cafe, toJheW that^ 
it was not wilful Murder , he was to f^ear / 
that he kiltd him flying j* a Thief, and inh 
mediately upon th^ FaSt being doHe. 

Noris it diffkulti inmy foor Apfrehenjion, 
h nuke it appear that there ^ete the fam^ 
^iJiinBions dmmg the Saxons, between Mur- 
der and Maanwghtcr^ as now are ufed in oui^ 
- Laiwto this T>ay\ and Jo is the Saxon Law of 
, King Canutus to be underftood, where 'tisfaidi 

Eij? open mop^ l^opji J C%n ry ^nyp6pe5e, &c. 

That if an opai and notorious Death be brought 
about , ib as that i, Man be murdereji ; let 
fuch a one be ^vcti up to the Relations bf 
the (lain ; and if he be accufed of killing 
the Man ,, and upon his Tryai the Faifl bft 
proved on him , but not in what manner, a$ 
that it was wilful ; let the Biihop judge himr 
^C^^ There is another Law runs thus j Houfe-brcfak- 
J3.61. ibg, burning of Houfes, open Theft, that is,' 
Robbery, and open and notorious killing, cal^ 
led fhep-CQoji% ^Murder, are botelefi, that 
is, unexpiabk. 

jind with a little Enquiry it will be found 
that thefe THJiingtions , together with the 
fFord Murder , were in uje in other Nations 


The PREFACE. Ixiii- 

before ours^ from whence, inull^robahility, we 
had them \ and are ftiUinu/e in /ever alT arts 
of Europe to this ^ay. In many of the Laws 
in the Codex Legum Anriquartmit fecret Ho^ 
micide is called Murder , not according to the 
common Notion that Jbme Lawyers have had 
of an Homicide done between two Terfons^ 
and no one frefint ; but as done with Marks 
of intended Secrecy and laboured Privacy ^ 
which necejfarily infers Malice premeditate , 
which is Murder at Common Law. The hz^-int. Le%. 
varian Law calls this Species of Homicide y^^'S^?' 
Murder. Si quis liberum occiderit iurtivo mo- 18. StS. 
do, & in flumine ejecerit, quod Bawarii'i^i^-*»3- 
drido dicunt, ^c. So in another Tlace^ Si quis 
furtivo modo, occifiis ftierit , & ita abicoofus quod 
gamurdrit dicunt ; Juch Offences were capital^ 
and the Offenders were to be JkbjeB to their 
whole Weregild , which was Pretium Capitis. 
So inter Leges Frifbnum, there is a Title dejmt.Leg 
Mordrido , which is the fame as our Murder, ^'''^**«^> 
and a difUnStTttky de Homicidiis. So among 
the Lc3iagobar4 Lanvs we ready Quicunque.A/.i,^^. 
Teneficio feu quolibet modofurtivae mortis p»-f^T" 
cmerit, aut confentiensfuerit, mortis fentcntiam Tit. 9. 
incurrat, omniumque fiiarum rerum mobilium^^^*39' 
& immobiiium faoiitatem amittat. Among the 
Wiibgotbs there is this Law^ Quicunq; nefciens: 



Ixiv The PREFACE. 

fjJ'r^T hominem bccidcrit, & nullum contra euiii 
Li.6?rit. odium habuent . reus mortis non erit , non 
y.Sca.i.^jj^ jufbim ut 'poena pcrcutiat quem voluntas 
hgrnicidii non craeritat. One who kills ano- 
ther^ as the fdme Laws fay^ incaute vel indi- 
fcrete ex improvifo idu , becaufe it was not 
committed^ ctiipofito malitix fpiritu, aut nocendi 
voluntatc* was not eft eetk d guilty of the Infamy 

^Murder, quia mortuum voluntaric non occi- 
dit. This anfwers to our Homicide per infortu- 
nium, ^rChancemedlcy. And the fame Laws 
fay^ that AccefTarics in Murder are Principals. 
So in fever alT laces in the Longobard Z/^wj, 
we read of the fever al Sfecies of Homicide^ 
ha.Leg. caWd in out: Law^ Homicide ex neceflitate. 
Tit. 9. and fe defendendo ; as alfo Tryals by Battle j 
Sca.a. p^y*^ ^^^ Water Ordeal^ fuch as was among 

the Saxons ; and many other Inftances might 
be given of the like nature if it were not too 
tedious for a Tref ace. 

The Lawyer will find a farther ^fe of 
the Saxon Tongue^ in reading ancient Grants 
and Charters of Trinces , Foundations of 
Churches, and Bifloops Sees, the Bounds and 
Limits of Counties , Towns and other Tre- 
cinHs , which are not well to be underftood 
without the AJfiftance of this Language. The 
firft Charter of the City ^/London , which is 



extant is wrote in the Saxon Tongue^ procured 
by the then Bijhof of London from William 
the Firjl ; but is no where, that I know ofy 
well tranjlated. 

How lame are alt our Law dictionaries in 
reJpeSt of the Saxon Etymologies ? It is fre* 
quent to finditot only one Letter for another^ 
but Jbmetimes one Word for another, and of 
tentimes Words Jet down for Saxon ♦ never 
heard of before ; and not underftanding thk 
Language they tranfcribe one from another, fi 
that the Editions, injiead of being better, are 
worfe and worfe, and the loft Edition become^ 
more corrupt than the firft. 

There was once a T^ijpute in a Court of 
Jufiice upon a Leafe , wherein there was ^ 
Refirvation of Rent half yearly at Rudmas- 
.day ; This Rudmas-day puzled the Counfel 
grievoujly , and they knew not what to make 
of it : they had never heard of St. Rudmas , 
nor could find any fuch Saint in all the Ca- 
lendar \ at laji when it was unfolded that 
Ro&e fignified a Crols, and Mafle-day or Mefle- 
day fignified a Feaft-day ; then the Matter 
was plain, the Exprefiion fignifying Holy- 
crols-day , or the Feaft of the Holy-crofs , and - 
the half yearly Refervation at RudmaiTe-day 
referred to the two Feaft s of the Holy-crofe ; 

c the 


The preface: 

the one whereof is the third of May, whtch 
is calPd tht Invention of thcCrofi, and the 
other is the Exaltation of the Crofe , which is 
the fourteenth day of September, and known 
to this day to all concerned about Venifon^ by 
the Name ^ Holy-rood-day. 

In the Cafe of the Queen and Serjeant Wtilt- 
taker, which was in the Queen's Bench, Trm. 
Term in the fourth year of this ^een , on a 
Mandamus to reftore the T^efendent to the 
^lace of Recorder of I^lwich : If the Force 
of the Saxon Word pic, Wic, and the man- 
ner of Jpeaking, familiar amongfl our An- 
cejiors^ had been thorougly confider^d^ there 
Hi)6uld not have been Juch a long Di/pute^ whe- 
ther there was a Variance between Villa dc 
Gippo, & Villa de Gippo Vico. For in Sa- 
xon the fTordfic^ in Englijh Wichj fignifiesa^ 
Town, but is oftentimes in that Language ma^ 
^IJb a Termination to the Name of a Town , 
which yet is a complete Name without it ; and 
fo Jignifies only emphatically ^ and not any 
thing different from the Name of the Town ; 
Us Lun&en-pic, Lunden-Wic, that is^ London- 
Town , is the fame as London , and Jignifies 
no more tho' London be the complete Name , 
and ^without the Word Wic, would ft ill have 
been the fame. So the Shire or County, o/Dc' 


The P R E F A C E. Ixvii 

von , in the old way ef Speaking would ^ or 
might at leaji, he called the CoUnty of Devon- 
ihire, which is the conjiant ExfreJJion in old 
^eeds^ and fignifies the fame thing tho' it be 
t autologous \ nor did any one ever imagine that 
the County of Devon , and the County pfDcr 
xonfl^irc were two different Counties ^ altho* 
Shire here has Juji the fame Relation, as Wiq 
in the other Cafe : So that the moft that can 
he made of it is, that it amounts to a Tauto* 
logy anciently very fttmiliar , but can't be 4 
Variance, or fignify a different thing. 

I did not think of being fb particular in this 
M^ter J hut I take Satisfaction in doing it^ 
for the fake of the young Students and Bar^ 
riflers at Law , many of which I have the 
Honour to know, and from whofe early Ge^ 
nius^ gpod Learning, and great Indujiry, the 
War Id may be in hopes of feeing as good a Sy- 
ftem of Laws as any whatfoever. I am per- 
fuaded the Law of England is capable offuch 
an Improvement , was there the fame Encou-^ 
ragemenP as in other Countries to do it : And 
were fuch a Work encouraged by the Tublick^ 
which would be to the Honour of the l^ation^ 
I doubt not but there would be found among 
our Lawyers, Men of Learning and Abilities, 
equal to fuch a ufeful Work. Sir Matthew 

c X HaleV 

Ixviii The PREFACE. 

Hale'jr Analyfis has Jhewn what of this nature 
may be donCi if Juch a thing were thoroughly 
encouraged, thcf fethap the Foundation Jhould 
be laid a little deeper. 

Nor is the Knowledge ^ Sir, of this Lan- 
guage unufeful even to the divine, or indeed 
to any Juch as have a mind to Jtudy the Anti- 
quities of the bejl conjlituted Church in the 
World, the Church ^/England. By the an- 
cient Saxon Monuments we are able to de- 
monjirate, that the Faith, Worjhip, andDif 
cipline of our holy Church, is in great Meajute 
the fame with that of the primitive Saxons^ 
and that Jhe is reformed only from the Corru- 
ptions of the Church oflkom^, the Novelty 
of many whereof, theje will enable us to di- 
ftover. Here we find the Government of the 
Church, conjiantly under Bijhop, to be as an- 
cient as the Chriftian Religion with us, and 
that in the ear Heft Times their TPowir and 
Authority exceeded even that of the Temporal 

Here you'll find no Supremacy claimed ^ 
Rome, and St. Paul oftentimes declared 
equal, and Jbmetimes fuperiour to St. Peter ; 
for he has fometimes the Name of Jupreme 
Teacher in holy Church given td him : 8emr 
Popel j>e ij" ]?e hejerc lop^eop J)e pe habba^ m 

The PREFACE. Ixix 

h«b5 Kijik s Saint Taul, who is the higheft 
Teacher which we have in holy Church : T'op 
J^ly Rome had not then refilved to derive her 
Supremacy from St, Peter, . nor did our Ance- 
ftors it feems allow that Title, fince St. Peter 
was not efteem'dfo high as his Brother Apofth 
St. Paul. 

The Tojijh Triejis could not with Jo much 
Confidence charge us with a Crime, at leafi' 
not with Novelty in having the Scripture in 
our Mother Tongue ; did they know that the. 
whole Bible wof tranjlated into Saxon , our 
Mother Tongue , above eight hundred Tears 
ago,, by ^riefis^ great Prelates, and celebra* 
ted Kings of England , to be feen great part 
thereof to this very day. King Alfred with 
his own Hand tranjlated great part of the Bi- 
ble into Saxon , which was then the vulgar 
Language, andfirjl divided the Scripture into 
Portions to be read on Fejtivals. Nay the 
Saxon fCings not only permitted Jkch Tranjla^ 
tioffSf and encoura^i them by their Qwn pfouf 
and great Example^ but made Laws for efior 
blijhing thereof andf^ te^cjojug the Scriptures 
fn their own Language. The Teople were 
Jb far from being enjoined to pray in an unr 
known Tongue, that fevere Laws were laid o^ 
them, enaSfing, thfU; every Mm Jhould learn 

e 3 the 

Ixx The PREFACfij 

Int.I^eg, if ^^ Lord's Prayer, ^/f^/^^Apoftlcs Creed, thiA 

2^* * lie might attain to the true Faith , and that 

Lamb, thereby he might be enabled to fray according 

JElfrifi to that Faith ; and fitch as refujed to learn 

^3- thetn were not to be admitted to the Sacra^ 

ihent, while living ; nor to Chrijiian Burial^ 

when dead. And to that Turfoje Canons 

were alfi made ; as in iElfrick the ArcWtjhof s 

Time , which was above fiven hundred Tears 

ago^ a Canon was made which enjoins the 

^riefts on Sundays and Holy-days to teach thfi 

true Senfe of the Gojpel to the Teofk, in En- 

glifli , and alfi to teach them their Pater no- 

fter /r/f^/ Creed. The Saxon Homilies^ and other 

Saxon Writings^ will farther acquaint you 

that the monfirous ^oBrine of Tranfiibftan^ 

tiation^ defiruBive of all Science^ and againfl 

all common Senfe , was not thought of in the 

T)ays ofonr Saxon Anceftors. ^ 

This Language will help the divine to 
Councils^ Canons^ and decrees of our En^ 
glijh Church , whereby he may the more eafily 
refute the Calumny of the Taj^ifis , that we 
have departed from the Faitk of our Ance- 
liors : where he may find that the T^oBrine of 
the Church concerning our Faith and the holy 
' Eucharift, was the fame antientkf as it is now^ 
fnd that ^op^ry. W4f then but an Infant, 4 


The PREFACE. Ixxi 

new invented things which about the Conquefi 
roje to its ^ighth. 

From the Ignorance of this Tongue^ Men 
have unawares been led into Troj^hanenefs ^ 
and have been tempted to ridicule a Tranjla- 
tion pfthe /acred Scriptures, which tho' mij^ 
taken^ ought, in regard to the T>ignity of the 
Original, to be freferved from being made 
the Object of J eft. . I my felf have heard the 
ficand Verfe of the fir ft Chapter ofthefinging 
^falms, treated byfome with great Contempt^ 
calling it Nonfenjh and ftnintelligible : but the 
Nonfinje proceeded only from their Ignorance^ 
The Verfe objeiied to, and that before it runs 
fhus : The Man is bleft that hath not bent, tp 
wicked Read his Ear ; no^ in the Word Read 
9r Rede was the Jeft , which for their Lives 
they could not under ft and ; but had they con^ 
ftilted the Original of their own Language , 
tbey would ft>on have found, that Read, other- 
wife Rede , as it is to be found in old Bibles, 
fn Saxon Raebe, fignified Coufifcl or Advicp ,} 
in which Meaning, I hope, it will be allowed 
to be very good Senfe : *$(; Raeber-men , or 
Redes-men, fignifies CoupIeUors, 

As to out Hiftorians and Antiquaries , it 
feems to be abfolutely necejfary for them to 
ffifve Jorne Knowle/^e of this Tongue, if they 

c 4 would 

Ixxii The PRE FACE. 


m W 

would give us a complete Account of thmgi 
before, and fome time after William i^he Firft : 
It Jhould feem difficult to write ^ accurately of 
thofe times without it. Hifiory and Anti- 
quity is the Glafs of Time ; to know nothing 
before we were born^ is to live like Children% 
and to underjiand nothing but what direStfy 
tends to the getting a "Penny y is ta live the' 
Life of a fordid Mechanick. ' 

And here give me leave to take notice of one 
Error, ^among many, committedby the Author of 

Hcredi^- , the Hereditary Right of the Crown oi England,' 
' Rl^h t '^hich, if he had compared wiph fome Saxon Re- 

f. V^. cords, he could not have fallen into. Speaking 
^/ Maud the Emprefs, he fays. That when fhe 
Tti^as in Pofleffion, ihe never took upon her the 
Title of Queen, but either T^tain'd that of Em: 
prefe, of elfe called herfelf Domina Anglarum* 
the Lady of the Englifli ; and therefore cmcludes 
2)r. Higden mijlaken in his Ajfertions abou^ 
that matter. But that Author is bimjelfmi- 
fiaken \ for Lady of the Englifli was theTitk of 
iQueen. Among the ancient Franks, they had 
a Feminine deduced fr^m the Mafculine Ku> 
nin^. King, which wds called Kuninpnna, 
fgnifying Queen ; but among the Englijh-Sa- 
xons they h^d no fuch thing : They did not 
form any Feminine from their Eynm^, or Eyny, 
^ fignir 


The PREFACE hcxui 

fignifying King ; but they ufid two other Words . 
to fignify the Queen, and thofe were npen and 
Jjlsepbia. Epen, Cwen, originally Jignified the 
Wife of any one ^ but afterward, propter lEiX- DijTerta^ 
ceJlentiam, it came to be applied to the Wife^^jf^"^ 
of the King only ; and therefore the Queen 
was called ^«r Cymnjer Epen, the Wife of the' 
King, and not Cymn^enna, from Eynmj, King. 
IVhen Tl^n had obtained this Signification], it 
wasyetexfreffed very often by iJlaepbia, Hteftiia, 
Jometimes Wap&ij, blapbi, J)lau6i, from whence' 
comes our Englijh PFordljxdLj. In fever al Saxon 
Charters you'll find it Jo exprejyd% as in two' 
^f ^een Edith , which are in the Church of 
Wells ; €6irh feo hlave&i ea&papbef Kihgef lejce. 
Sper, &c. The other runs thijis^ GafegyJ) je 
hkvibi^e xpet? l3apol& €pl mm bpobop, &c. Now 

as Epen fignified among the Saxons^ not only , 
a Queen Confbrt , and Queen Dowager i but 
an abjolute Queen upon the Throne ; Jo J)laep- 
6ia, or t)laj*ia, fignified the fame. In the Will 
of Brithric the Thane, you will find a Legacy 
^iven the^lueen, and it is bequeath' d to her 
by the Name ^/^sepe Waepbian, Dominas, the 
Lady. In Chron. Saxon. Eadgitha, King Ed- CAro^r, 
v^zrd!s ^een dowager ^ is called l)h,p^rSy '^^ 103^831 
in the fame Chronicle^ iEthelfleda ^een-Re-^^^- 
gnant, is called Jo ; ^j^elpkb cpypcna iJlaep&is, 




iEthelfred Queen of the Mercians, For m 
Jl>lajK)p6, from whence our Englijh Word Lord 
comes y emphatically fignifiedK\x!%\ y3 J?laja>i5 
Jignified Que^. And from thence it was 
that Maud the Emp-efi, to whom all the No" 
, bility in the Kingdom had /worn JlUegiance^ 
was received by the Englijh as their ^neen^ 
according to the then Idiom of the Englijh 
Tongue , by the J^ame of J?lap6i5 , Lady ; 
If/ho rightly diftinguijh'd her , by that Af^ 
feUation , from Maud the Wife of King 
Stephen, who is catted nmger Ppen, the King's 
Queen. M^my more Authorities to this Tur- 
fofe. may be fimnd, but thefi are enough t^ 
Jhew how Lady fa*»e to Jignify Queen. And 
this is the concurrent Opinion of all learn- 
ed Men that have conjidered this Mfitter. 
BraJy'i 'Dr. Brady , in his Complete Hiftoty of Eng- 
S«T ^f^' *'^^^^ Domina, in aU the Tajfagef out of 
Hift. of Malmsbury in relation to Maud the EmPrefs, 
ffsT'' to h^^ Qpeen, My Lord Coke is of the 
co.i. fame Opinion^ he calls her Qnttn by the N^me 
^ ' ^* *^X>oniina Anglorum ; and on this Occajm he 
Jhews that Jome of our Kings, chofe to caJ^ 
tbemfeh^s, Domini Hiben^iae, Lords of Ire, 
jand, when they were as much Kings of Ire^ 
|and, <xf0/ England ^France. And it is pret^, 
^ remr^i^ X that from the time of King 



John t(y the twenty third Tear of Htnry VlII. 
none of our Kings, in all that Interval^ thought 
ft to alter thU ancient Stile ^Domioiis, but 
were called Donuni Hibernian » Lords of Ire- 
land ; tho\ Ifiiffofe, no Bo^fy doubts but they 
had the Regal ^dver^ and wer^ Kings of 
Ireland in the fame Senfe as of England. 
Mr. Sciden alfo acknowledges Maud the Em- 
frefs to be Queen ; he f^s, in . hU Titles of ^^/^^^^ 
Honour, That as Kings with their SubjciSls of Titles of 
the greater Name, have been ercr ftilcd by^ jj^^' 
%>ominus ; fo (^eens have had, and ufed the 
Name of Nomina ^ as Lady M^ called her 
fblf, tmperatrix Hen, Regis fiiia, St Angio- 
ma Doflaina. 2)r. Hickes is alfi of the fame 
Opinion , and m his Diflertation on the Anti^ 

^uities of the Laws of England, y^yx, That no Dijfertt^ 
Hiftorian that ever be ftWy but one^ evei^^^^^P'ft^ 
doubted that the Englijh Nation receiv'dMmA ' 
tht Emp'efs fir their Queen , under the Aj^ 
pellation 4?f*Domina, or Lady. 

As to the ancient Names of Cities, Towns^ 
find Churches, Bijhofs Sees, and great Seats 
fn England, it is difficult, if not hnfojfible, to 
give a good Account of their Original without 
this Language, becaufk they are almofi allSamn^ 
and but few French or T)anijh ; and therefore 
Cambden has truly fetched fnoji of his from 

Ixxyi The PRE FACE.: 

the Saxtm Originals ^ thd he fails in many 
Places fir want of a more ctmfleat Knawr 
ledge of that Tongue. 

Now the Sao^ons did not^ as the Agesfince^ . 
name the VP laces of their Conquefis after their 
own ^ames.y being of Jhort C^i^uance \ but 
named them according to their Nature ^ or 
with relation to things natural^ asAdaingave 
Names inTaradiJe : Forjnjiance^ the Church 
ef St. Mary V, Jituate upon the Banks of the 
jRit;^ Thames, in Southwark, comrntmly cat- 
led St. Mary Overs, in Latin Sanda Ma?^ 
ria Ripenfis , they named from the Sa^ 
xon Word Opep, or Oppe, which fignifies a 
Baok , which in the genitive Cafe, is Opejicf 
^rOj:jier; Ofacs or Ofres ; Jo . by tumipg the 
f intoy the Englifif Word is firmed. So the 
Church of All Saints , Jituate on Tower-hill , . 
JjoiAon , commonly called Allhallows Berkin , 
comes from the Saxon Word Btp^isin^ Jo named 
from the Word Bepj, Berg, which Jignijies a 
HUl^that is, Allhallows upon the HiU :. So 
Mj^npw o'the ^iH takes its Name fiom th^ 
Saxon Word JJeap^e or JJ^pge, which Jignijies 
a Temple or Church, 

If the great Selden had lived in an Age 
when this Tongue had been more known y no 
^an ix^ill deny , 'wh under Jlands this Laur 


The PREFACE. Ixxvii 

gUage , Ifut his Works had been m&re ferfeSf 
and complete ; and any Man may flainfy fie ; 
that with the Affiftance of .this Language^ 
his Treatije of Titles of Honour, might have 
been tnade more exaSi and comfkte, .Norj<mms 
'would he\ I am ferjuadedy have given you a^^^' 
Title of Laws, as he has in his Janus Anglo- 
ram, concerning a Guft and a Hogenhyne; 
'when really there are, no Juch Words , either 
in Saxon, Englijh, or French. The true 
' Words y as they may be found in Edward the 
Conf efforts Laws, ^te %e\v and z%en''hmi^. So 
that the trUe Meaning of that Law \was,, if Int. Leg. 
a Man lodged one Night in. another^ s Houfe ,^^;^'^' 
he was uncu'S, that is, unknown, or a Stran- 
ger ; from^ whence comes our modern Word 
uncouth : If he lod£d two Nights, he was 
%ext, not girfk, that is, a Gueft; and if he re^ 
mained three Nights, he was ^Sen hint, which 
jword for word, is Servus proprius, ^his own 
"Servant, or one of his Family. 

In this Language' you may find many anti- 
ent Hiftdries, Epftles, .Laws, Glofaries,, 
^eeds. Wills, and Charters of all Sorts, do- 
nations of Land, Emancipation of Slaves, 
Oaths of "Princes and Coronation Oaths. In 
this you may read the^Coronation Oath of King 
'iEthelred, given iy ArchbiJhojp.DvxrSkMx, which 






if very remdrkabk : ^%d by the 'ui}ay ^tor 
how ancient Cwonathn Oaths are. And what 
i€ yet more valuable , with the He If of this 
J^ng^age the, ancient Original ofTarliaments 
is more thoroughly to be under flood \ for whor 
ever carefiiUy and skilfklljf reads the Saxon 
JjOWSy and theTrefaces or Preambles to them^ 
will find ^ that the Commons of Ei^land alwap 
in the Saxon Times, made. fart of that Augnfl 

As to Thilokgifls aljb , this Language is 
not altogether unworthy of their Regard ; for 
had the Editor of Chaucer underftood it bet- 
ter^ he would not have attributed the Saxon 
Words, and "DialeB^ f9 often to befoufd 
in Chaucer , ahmfi in every Tage and Lane^ 
to the peculiar maimer ^ChaucerV Writing ; 
as thd he wrote differently from other great 
Men , and from the Language of the Times. 
The fit ft Inftance he gives is^ that Chaucer 
ufed woneden, for did Won, and loveden ftnr 
did love; but this very thing I have taken 
notice of in Jpme offi^ Saxon Remarks^ and 
have fl7ewn them ^, as evidently they are^ to 
be the prober Terminations of Saxon Words , 
and ufed very long after thaty and not ds yet 
worn out of our Language ^ and in Chaucer V 
Time^ the ^rofer Englijb SaxonDiale£l. Hp 



The PREFACE. Ixxix 

farther obferves , but much out of the Way^ 
that ChaucerV manner was to imitate the 
Greeks , by ujing two Negatives to deny more 
jlrongly ; as^, I ne faid none ill ; but thii again 
u the conftant Saxon way ofExfreffion, wh» 
almoft always ufed two Negatives in a nega^ 
live Senfe^ as I have Jhewn in my Comments 
But much left would he havejaid, that Chau^ 
ccr*^ Verb was Jbmetimes hard to be under'- 
flood \ as in this lnftance\ I not- what Men 
him call : A very little Injight into this Lan^ 
guage would Jbon expound this Riddle , and 
Jhew that both the Verb and Negation lie in 
the fuzzling Word not ; which Wordfigni^ 
fies no more than ne wot, or ks the Saxon is 
ne pat, I Wat not, Or know not. So ic par; 
ii 1 know. Ic ne yac is I know not, t 
wot not. So Chaucer has ne wift, for wift 
notj that Ukewift^ I Affoft, might be 4 
u Stumbling Block , and might be with th^ 
fiane Juftice faid^ to be the manner ^Chau- 
cer; but it was in truth the manner ofCtisxh 
Kxx's Language , the Englijh Tongue , which 
he could not help^ nor make it differ from 
its felf : and in Juch manner^ every Body 
wrote at that time^ who wrote well. 

By this time Ihope^ Sir, it does frf^cientfy 
afj^ar^ from what I have faid, that this 



The P R E B A C E. 

Language defirves a greater Regard and 'B^ 
Jleem than generally it has , from the Igno- 
rance of it^ met withal. And for the Ho^ 
Hour of thi Clergy , I can't help taking No- 
tice ^ that the World is obliged to thoje of 
that Order ^ for the reviving of this ancient 
Language y and the Northern Literature ; and 
that they at pre font are chiefly pojfefs'd of 
this Knowledge, and that it is' owing alfb to 
them, under the kind and generous Influence 
4nd Encouragement of that noble - Seat of 
Learning, theDniverflty ^/Oxford, that the 
fivay to the attaining of this Language is mm 
made eajy. The learned ©r. Hickes, whpje 
ready Affiftance in wy Saicon Remarks I think 
my felf bound to acknowledge , has wrote a 
Grammar of the Saxon and other Northern 
Tongues , and has reduced the Saxon Lanr 
guage to the proper Form of a Grammar \ 
swhere you will find. that Language, as other 
.Languages, to have its Cafes, Moods, Ten- 
fes , and ^eclenfions. This is defign^d far 
young Beginners ; but the T>o£ior has wrote 
a larger Volume , which he calls , Thelaurus 
iLioguarum Veteram Scptentrionalium ; which 
contains not only complete Grammars, but a 
Sreatije aljb , of the Northern Languages ; 
^and that which more particulars recommends 


The PREFACE. Jxxxi 

this Book to the Terufal'of all Lawyers, as 
well as Antiquaries , and Hiftorians , is, that 
there is therein to be found a large and very 
learned Treatife on the Antiquities of the 
Laws of England , wrote on purfofe for thb. 
Honour of our Laws, and for the ^fe of tht 
Trofejfors thereof This Book, I may with 
Jujiice fay , has the Reputation among the 
Learned, of being one of the moji curious ; 
exaSf , and tnoft learned Tieces, in its kind, 
that any Age has produced. The famous Anti- 
quary, Mr. Somner (?^Canterbury , has^ubliflfd 
a very good Saxon ^iSiionary ; and a Saxon 
Vocabulary was fublijh' d not lohgjince by the^ 
ifigenious- Mr. Benfbn of Queen's College , . 
which farnijhes the World with a great Num- 
ber of Words, which were wanting in Somner. 
il/r. Marefchall long ago fublijh'd the Saxon 
Gojpels ; the learnedDr. Gibfbn has lately j^ub'- 
liflfd the Saxon Chronicle ; and Mr. Th waits 
his Saxon Heftdteuch. With thije. Help, ad- 
dedto a few other Saxon Authors, as Sir John 
SpelmanV Saxon Tfalms, &c. now extant, 
the difficulty of attaining this Language is 

nothing. It is in Tra6iice Jo ufeful, and in 
Theory fo delightful, that I am ferfUaded no 
young Gentleman, who has Time and Leifure, 

f , '• will 


Ixxxii The PsREFACE. 

will, ever repent the Laieur h itttining t& 
Jbme 'J)egree of Knowledge in it. 

Tbe/e things, Sir, 1 thought froper to take 
notice of, which mayfirue »i kaft ai Hintt 
to fnch Gentlemen, as have more Time and 
Ltifiare to carry theft Thoughts farther, fir 
the Jn^rwement of that noble Body of Laws, 
the Laws of Ei^land. If this be of Vfi to 
njr Qmntrey, I have my End. I am, 


Your moft Humble Seryant, 



Here foUowyth the TAB LE 
of this Treatise enfewyng. 


chap. I. Pag. I 

'^HE D'fferenee hetweene Domi^ 
_ nium Regale, and Dominium. 
Politicum & Regale. 

• I 

Chap. n. p. 7 

Wfyf one Kyng reyn'ah Regaliter tan- 
tam, and another re<jinffhVo\mCt & 

Chap. III. p. ijf 

The Fruits of "^^ Regale , and the 
fruits of Jus PoUlicum 5c Ilegale. 

Chap, IV, j. 2j 

How the Reuemies of Fr^un^ are maet& 



■ I 

Chap. V, , p. 3» 

The Harmes that come of,a kyngsPo^ . 
. verty. • 

, ^ Chap.yL p.jS 

Ordynamces for the Kyn^s Ordynaryl 


Chap. VII. p. 47 

7%e Km^s Extraordinary Qar^es^ 

• \ 

Chap/ Vm. p. 5:4 

Tf the Kyngs Lyvehod fuffice noty hk 
SubjeBs ought to make yt fuffic'teht. 

f w 

chap. IX. "^p. ^7 

*The Perills that may come to the Kyng^ 
by over mighty Suh^eBs, 

Chap. X. p. 6^ 

How th$ Cr<ntm*nt^y. he befi ptd^wyd^ \ 


^ , Chip, 


.Chap.. Xt ' P-7p 

^f^dt of the Kytt^s hyoekod gev^n 
awa^jy may heft be tak^n'^g&yn^ ' , 

. Chap. Xir. p. 87 

fVhdt Harme would come to Englohd, 
if the Commam thereof avare ftore, . 

r ' -, . > ?¥P- ^^^h P- 97 

QftelyilLagke , of Meart^ and Qmardtfe^ 
kekp fh^ Fn^^mett frm ry/^ifg._ 

• » ' • •• ' * 

• ► • ». 

Chap. Xiy, p. 102 

ft^ it nedtth , that there he a RefUjn- 
ptioft, and a Grauttt ^^f Goods made 
to the Kyng. ' • 

Ctep. ^,, p. log 

How the Kyngs Counce'de may he cho-' 
Jyn md eftablijhid. 

' Chap. XVI; p. 1 20 

How the Romans profferyd wh'flfl thay 
had great Councede, 
■ ^". ' Chap. 


• .^ » f 



I CBiap. XV«. p. lit 

Mf^ffif^ff^ for the gevyng of th& 
Wjngs Offices, 

Ghap. XVni, p. 137 
/Uvertifetnent how Cor dies and Penfi^ 

Chap. XIX, F* '39 

fftnif greti Gdod ijuiU growe^ of th^ 
fitm endowing of the Cnynum* 

• Xa» p. i4<$ 

Jiduertifimm /or tncf^Hg of patents of 


Explicit Talwia, 


C H A 1^^ 

U H A p. 1. 

T%e Difference hemene Domini- 
um Regde. WDominium 
Politicum & Regale. 

! E R be two kynds of 
Cyngdomys, ofthevjhich 
hat one ys a Lordihip* 
allid in Latyne, ^omi' 
lium Regale , and that 
>ther is callid, 'Dominium 
. And they » dyverfcn* 

* Or differ ; IDtlietrtn, is a Latin word, with a SaXotl 
Termination ; for the Plural Nomber of many Sajon 
Verbs, even in the Prefent Tenfci end in en, and (cntie- 
ttmes in on, as, hi hauen, they have, hi cunnon, they 
htovj. Our Author througbout his Book ufes thefe Saxoa 
Terminations, which he councils to all forts of words, 
and [her^ore yoWU frequently meet with fuch words as 
. . B ttiefe, 

0^ ABSOLUTE and 

in that the firft may rale his Peoj^ by fuclt 

Lawys as he makythiiymlelf ; and therfor he 

may iet upon them '^Talys, and other Impof 


Eti, alfcntcn ; and femetimes witli. 
Iplipn, DtOElttrn, betrit, -and fuch 
er very little from the other. This 
g is to be found in Qbmcer, and;' 
Vuchors ; as in the Vifion of Pieree 
hich I fitid aootx'd to one of our 
Author's MSS. in the BoMeiam Library ; 

' ■^vnattv fn t iKati taftti Ijofaev j^ates, 
aWhwn w W^Iin^am snlt (>tt ttUeni^ aCtzt, 
tolttfi — -atii b«fcnaWff rt^Jwrt — 6otC=|ipeB tKttt* 

^^. Hicjtefii Li^Kar. t^et. Seft. Thef. p. 13, 40. 

^ This word (ignifies Taxes, and comes from the bar- 
tarout Lathi Word, Tallkt, or Tal/ium, which in the anh 
cient Signification meant a piece ofjWood Tquar'd and cut 
ftw two parts, on each of which they ufed 10 mark what 
w&s due and owing between Debtor and Creditor ; froln 
thence it came to fignily a Tributie paid by the Vaflalt'o 
the Lord, on any important OccalpH, the patEicular Pay- 
rirtnts whereof 'were mark'd ort libefe Pieces of Wood, 
one fSrt Whdrep'f the TtSiant had ^the other was kept by 
■ the Lord. In French it is Taille , 'which originally figni- 
, fied no more than a SeSitiH ot CtittiHl , from the Verb 
taiSer^ to cut ; but afterwards it came to fignify metapho- 
rically a Tax or Suhfidy : All which words come from the 
pure Latin Word, Talfa, a cut Stick, or TaBy. Frdm 
jiciice comes our Law Latin word, TaBaghtm, or rather 
TaSiagium , which lignifies in tiur Law any fort of Tak 
\vhatlbevcr. So taSiareh to iax\ or TaBiam rxigere. In 
French Authors you'll find, TmSer fes bomej ^ fiijets^ as 
In Cuufiietud.SurliOKenfi Art. 343, 344. Maith. Paris, Anno 
11^6. Gives Lotidinetifis iCtrato,- ad qmt^entas Modern id* 

LJmited Monarchy. 3 

iltions / fiicli as he wyl hymfclf* without their 
AfTent. The fecund may not rule hys People, 
by other Lawys than Inch as they aifenten un- 
to ; and thcrfor he may fet upon them noa 
Impofitions without their own Aflent. This 
Dy verfite is well taught by Saynt Thomas , in 
bys Boke which he wrote , Ad Regem Qipri 
de Re^imine Vrincij^um. But yet,. it is more . 
opyoly tre&tid, in a Boke callid. Compendium 
Mwalh ^hilofofthia^ and lumwhat by ^ Gy/r, 
in his Boke , ©^ Regimine Trincij^um. The 
Chadreii of Tjraell, as faith Saynt Thomas^ 
after that God had chofyn them , in Tofulum 
ptculiarem, 6? Regnum S deer dot ale, were ru- 
lid by bym under ^ Jugs, Regaliter 05 Tolitice i 
unto the tyme that they defyryd to- have a 
King , as than had al the Gentylys , which we 
cal ^ Ta^yms. that had a Kyng, a Man, that 

ikm^r^. FUu lib. 1. cap* Ji. Ad quantum talUari valeattt 
per Annum. Yet in the feudal Law, talUare fignifies the 
fame as tailUr in French, to Unut or cut ; as, ialliare Feo^ 
4«i^, is Id Hamt or cunsH a Ftejimple^ and to reduce and 
ifctrtaia that general and indefinite Eftate , to a more re^ 
ItrtinM and fiK'd Period of Duration ; and from thence 
comes our Feodum TalUatum^ a Fee Tail; that is, an Inhe- 
ritance refiradn'd or limited, to fueh particular Heirs only 
as aire fot .down ia the Deed of Entail. DuFrefneGhf. 
. c <5yZf, i.e. GyftSy M^diuSy de Regimine Ihrincifum, 

^ i. c, ?*«^ex, ftom the old French word, Juges. 

■^ ^. e. Vaga^iy in old Englifli generally wrote fo, and 
in Chaucer to be found very frequently. 

B X reynyd 


, 4 ' Q/" Absolute and 

reynyd on them Regaliter tantum. With whicfil 
defyer God was gretly ofleadyd , as well for 
their Folye , as for their Unkyndaefe ; that 
^ fithen they had a Kyng , which was God , 
that reynid upon them Tolitykly andjlqyalfy, 
and yet would chaunge hym for a Kyng, a ve^ 
ry Man, that would reyne upon them only 
* hem. Royalk^. And therefore God s manafyd * them, 
^^^^- and made them to be fearyd, with Thonders 
jgafiful^ ?ind other fferefull thyngs, from the Hevyn. 
•^^^^^ And whan they would not leve their foly^ the 
defyer, he chargy d the Prophete Samuell to de- 
clare unto them , the Law of fuch a Kyng as 
they asky d ; which amongs Otter thyngs fiud^ 
f hat he would take from them their Londs and 

^ This is a Saxon word, and is wrote thus , p^^anj 
fitt)t|)an^ which figmfies, after ^ interwords ^ and here, Jince\ 
' 'tis frequently ufed in old Authors , and in many of the 
old Statutes. In Chaucer^ you'll often find Otl)^ as well 
as fft^ti^ fignifying the fame* Somneri DiSionar. Saxo* 
^ g Manafyd^ in French, Menofoit. 

♦ Hem^ comes from the Saxon word , hiorh, which 
fignifies them\ in theLaudean Copy, hem^ is ipvit for them 
throughout , and in moft old Englifli Authors. Hicief. 
Thefaur. 23. 

f From the Saxon word, jafr, a Spirit^ oiGboft. Sq 
the words, Gaftly^ or Gaftfuly in our Tongue, came to 
fignijfy any thing that look'd frightful, ^s a Ghoft, Spirit, 
or Apparition is faid to do. From thence comes the iifual 
Expreffion in the Weft of England^ when a Man appears 
afTrighted, that he 15 agaft, . .... 


•^•;; ^ 

Limited Monarchy. S 

Goods, and ^ gyfc them to hys Servaunts ; and 
alfo fct their Children in his ^ Works and La- J^JJjJ^^ 
bours, and do to them, liich other many harm- 
full thyngs , as in the eighth Chapiter of the 
firft Boke of Kyngs^ it may appere. Whereas 
before tb^t tyme , while they were rulyd only 
by God, Royally and Tolttykly^ under Jugs, 
* hy t was not leflill to any Man , for to take 
from them any of their Goods , or to grieve 
their Children that had not offendyd. Where-r 
by it may appere that in thoofe Days , Regi- 
ppen TQliticum & Regale , • was dyfty ngwyd, 
a Regimine tantum Regali. And that it was 
better to the People to be raid, VoUitykly 
find Royally^ than to be ralid, only Roy (iil(y, 
Saynt Thomas alfo in his laid Boke , pray fith 
moche, T>ominium Toliticum QJ Regale , by? 
caufe the Prynce that reynitb by lii^b I^Qrdihip, 
^ may not frely ^li |nto Tyranny, as may the 


*» This IS a Saxon word , and comes from the Saxoii 
Verb, Sypan, to ghe^ the Infinitive Mopd of all Saxon 
Verbs ending in an. * . 

i This is a perfed gaxon Wprd, and is wrote thus, hyt^, 
or hip, ftom which, if the Afpiration be takea away, is 
then produced pur Englifh yt^ or iV, from whence '/ ma- 
nifeftly comes : hyr if, nfc if, it is^ it is, otjiea, yea^ 
Marefcal. Evangel. Saxonw Mat. j". 37. Hickef. Thef. if. 

^ It is to be obferved once for all, that the Words, may^ 
^i^d ma^i n<4^ to be found throughout in pur Au^hpr , fig- 

P 3' wify. 

4 Of AhsoLvrz 4nd\ 

f ryncc, that Reynith, Regaliler tantnm. And 
yet they both ar cgall, in Eftate and Powre, as 
it may lightly be fliewyd and provyd • by In- 
Mible Rcafons. 

nify , after the Saxon Dialed, can^ and cannot ; for our 
fingUlh Word may comes fron^ the Saxon Word mx^^ 
the g in Saxoti b^ing generally in Englifli tura*d into y ; 
^d m^5 is the prefehtTeafe qf the Saxou Verb Tna^aln, 
%vhich fignifie^, to he ahle^ or to may , do a things as old 
Authors exprefs itf. Hob if JP^ mi'ghri^, ^ he masij 
op St?anum apeccean Abpahamcr beapn , Ged is fi 

tn'tghty^ that he is able of Stones^ to ratfe up Children to Al^a^ 
ham. Marefcal. Evangel. Mattb. 3. 9. So in the plural 

Number, De ne ma^on papan )>ybep ]pe ic pipe, IVhere 
I gOy ye cannot come : which arc the Words pf our Sariou^ 
in John 13. 33. Marefcal. EvangeL From hence comes 
the Saxon words, mx^^ mae^ch^ fo-wer^ as alfo 
majj;t;h, and masjen, from whence come our Englifli 
words might and main. So the word might is ufed often 
among the Saxons*, to fignify could^ as bis Eyes waxed old^ 
fpeaking of Ifaac/fo that^ he ne mihre nan J>m5 je- 
yeon, he could not fee any thing, Thwait's Heptateuch" 
Gen. 27. 1. 

, This leads me to obferve, that the Saxons have their 
auxiliary Verbs, as well as the ancient Northern Langua- 
ges, from whence the Frei^ch and other modern Langua-? 
^es derive theirs. 

- The Saxons have, maej, iBihr, mor, fceal, pote, 
note, (fornepote,) rcepl&j and frqm thefe Saxon Au- 
xiliaries come our Englifli ones, w?^, nu^ljt^ pally would^ 
mdpould. The Dutch have moet, for imghti and in ma- 
py parts of England^ mot^ mout^ ox mo^^ is. r^tain'd to 
fh|5^yr Hickef^Thef 4%. ' » 


hmir^p Monarchy. 7 

W^ on.^ King rpnith jRegalite^r 

CafltUm, and another reynith, 

f plitte & R^galiter. 

y T may peraventure be marvelid by 
fome men , why one * Realme is a * Reaum 

if T J 

Lord Ayf> only jR(?y4^, apd the Pjrynce ^^^^^^/^. 
thertof ruly thi yt by his Law, cdlid Jus Re- ^«^. 
g(kle ; and ajiofher Kyngdon^e is a Lprdfchip, 
Sfiy^ and Taii^ke ^ awl the Prince pherepf 
hilyth by a Lawe, cdlyd Jus ^oliticum t$ 
lieg^le \ jfytben thes two i?ripces * beth pf 
f^^ Aftate. 

To this dowtc jit m^y be anfweryd in this 
jpaQner ; The firft Inftimtion of thes twoo 
^bedbiys, ifion.the JncoipQi^iitjpa of them, is 
the Gaafe of this diverfyte. 

? Reatfme^ comes from the old French Word Royaulme^ 
and after that it came to be Royaumcy inde Reaume ; and 
from this Original, no doubt, comes our Englifh Word, 
Realr/i. Nicot PiSionaire Franjpife. 

« Befh^ i.e. be^ or are^ from the Saxon word, be'o^, 
3?^hich is the plural Number^ apd potential Mood of jhc 
Saxpp Verb, beon, eje^ to h. Hickef, Th^f. 3^. 

B 4 Whaa 


8 (y Absolute and 

Whan h Nembroth tjy Might , for his own 
Glorye, made suid incoiporat^ the firft Reahne, 
and fubduyd it to hymfelf by Tyrannye , he 
)vouId not have it govemyd by aay other Rule 
or Lawe , but by his own Will ; by which ancJ 
for' th'accompliflmient thereof h? mad? it. 
And therfor , though he - had thus made a 
t^/^- Redme , holy Scripture f denyyd to cal hym 
Laud, a K^ng , ^la « Rex dicitur a Hegenda ; 


b For Nimrod\ It was thus written In the old French, 
from the Greek n«C^«7, as in the Verfion of the Septua. 
gint. Vid. Nemrodj in Simon's grand DiSioMairede la Bible. 
%j ^^^^ the Latin Word Rex, comes the Gothicfc 
/vGIKo9 (^^"f>) ^ Prince, or Pcfen$a$e. Among the 
Saxons, Rica, fignlfies ^ Pnjtf^r, or one more rich of 
powerful than others ; fo the Saxon Word, Rice, fignj. 
iies a Kingdom, Dominion, Power, or E^e. From 
hence come all thofe proper Names that end in ric, or 

fW ; in I^tin mus , m Albericuf, Godricus , 7%eodoricms 
Fredericus, Chelperi^us, Henricus, go the Saxon Verb' 
peccan, peccean, or pixian, is to reign. Now Fran- 
^ifcf^ Junius. dcdves the Saxon w6rd, peccan, pixian, 
fo reign, from the Saxon wprd, pecan, curare, to take 
care^ becaufe, as he fays, in ancient times, Kings thought 
the chiefj^a L^w to be obferved by them, was tq tSce 
care, that no wrong or Injury were done to their Subjefis 
Among the Germans, »ecl)c, fignifies a Rich-man, «tc^" 
^ Kingdom, ticlbifon, to reign ; and fropi the fame Origi- 
nal, perhaps our ^nglifh vfoid Riches comes, Francifd 
Junti Glojfdr. Gothicum. '^ 

Now our Englifli Word, King, manifcftly comes from 
the Saxon Wora, Eymnj, orEynj, a Saxon C being 
m» ?pmmonly turn'd into ^ En^lift K. In theTeutc^ 


Limited Monarchy. jp 


Whych.thyng he dyd n6t, but bppreffyd the 
»Peoplc by Myght , and therfor he was a Ty- 
rant , and callid Tritms Tyrannorum. But 
holy JV^rit callith hym Robuftus Venator ce- 
ram T>eo. For as the Hunter takyth .the ^ . 

nick. It isftottingft, which, KWlm fays, cpn^es froin 
iionnen^ to hnow^ or to be wife. But now let us fee what 
^he old Saxon Church fays, as to thl^ matter, which feems 
f have t^e fame Sentiment as our Author ; It fays, Eyr 
nmj ^epifp Rihcpyrnefje ^ pifbome. him if nama ^ 
gefert; op roJ>uni Reccenbome. 'f he hme fylpne. 
*3 pj)))aij hif leo6e, mi& pifbome pifps. "Jjel jepiht- 
.laece 5 in Englilh thus , Jujiice and IVifdom belotig to ^ 
King ; his name is gi'pen him^ fr^^, JHft ^4 ^{/^ Goventr 
ment'y as one^ who is wifely to inftruit^ and faithfully to go-r 
vem both himfelf and his people. Serm. Cathol. ddofiifll 
JBedx Hiftor. editore citat. p, 167. KiU>ni Eiymologicum 
Teutonicas Lingux. Somn. Did. Sax. 

Mlfric the Ahbot^ who was afterward Archbifliop. of C^r 
terbury^ has the fame Notion ; ^er, fays he, if 5eq|e^ 
:&eii, aregendo, t ^Fj FP^m R^cccnbome. pop. jam . 
J>e re Eynrng fceal mi6 micclum pif&ome hif |eo6e 
jJiff lan. -3 bepejuan mi& cpaept ^ in Englilh thus, Hex^ 

V King is fo called^ a Regenh,^ that is, from G'overitmeni^ 
bccaufe a King ought to govern his People, with gredt IVydom^ 
and to proteB them with all his Skill and Power. He goes 
9n farther, and fays, nymng -^ if >e ^emerpxr^lice 
iif pole ^epirra'S. PF he JyoiifniC) hif jiiccerepe hi 
pjpfiC J>on bij) he, Tyrannus , ^ if pc^ paelhpeop ; 
jn Englift thus, A King is one that governs his SubjeHs with 
Gentlenefs-; but if he opprefs them with his Government, be 
then becomes Tyrannus , in Saxon rendered by the Word$, 
pe^ paelhpeop, which in Engliih fignify a fierce^ cruel, 
"and bloody Man. -flSlfrici Granimatica $axdnica,,^p. jT^. 
wrote almoJi%QO Tears ago. 


. \ 

do <y Absolute ard 

wyld beftc for to ^ icle and catc hym ; & 
Nemkratb £ibduyd to him the People with 
Might , to h^ve their lervice tpA their goodst 
ufing upon them the Lordlcbip that is cal- 
]id dominium Regale Unttm. After hym 
Belus that was callid firfl: a Kyng , and after 
hym his Sooe Njinus , and after hym other 
Panyms ; They, by Example of Nembrotb ^ 
made them Realmys, would not have them 
rulyd by other Lawys than by their own 
Wills. Which Lawys ^ ben right good under 
^ood Princes ; and their Kyngdoms ar then 
moft refemblyd to the Kyngdome of God , 
which reynith upon Man , rulypg him by hys 
«wn Will. Wherfer many Cryftyn Ptinces 
ul^n the iame Lawe ; and ther^r it is , that 
jhe Lawys layen, ^uod Trinclpi fl(f£uit Le- 
gis\hatet wgorem. And thus I fiippofe firft 
beganne In Realmys , dominium tantum Re-^ 
gale. But afterward , wh^^ Mankynd was 
^oiore mim&ete, and better dilpofyd to Vertue, 

^ From the Saxon Verb, jrlean, u kiS, ovjlay. Somn, 


c From the Saxon word beon, which is ufed fome-? 
times for the Saxon beo^ and is found as well in the 
thinLPerfbn plural of the potential Mood, as in the infi-r 
nitive Mood of, beon, efe^ to be, Rihr ijr J>ar; CPune-^ 
far boon 5 'Tisfit^ that Monks ity or, fw JHonis to be^ 
J^ickcf. Saxon Gram. 4J', 




<" TWs Is a <:6mpound Wiord, of FeScw and Mip ; Rfc 
^ has a Danifli, and Ship a SaxoQ Origfjaal. The word 
. f'^e^u; conws from the old DanMi word fieiagi, a Ctfm^ 
fimton^ or Eqml ; Imt it is more dften vfrote /W*^/, and 
is frequently to be foxind on oid Runu*k Monuments* 
}iow F^l^igi comes from the old D^mih Word^%■^ ird»- 
xomiuffiiy toa€compmy\ and from th«?nce<omei/y i^^-iCo^r, 
« Conembime ; So F<?/a^ in old Danifli , fignifics Ctmfimy^ 
or Sochty. H&ic^ comes Ifce b^barons Latiti word FrAi^ 
^lif J, whf dh we meet with in the Lstws ^ Edu^dthe Con* 
feflbr, caf. if. The Law rtina thus ; Sm hrfra Tempns ani, 
ynmrn nm poffit teneri Murdraor^ farentes MnrirmifeX Mar-^ 
tas biAerent , Rex tpiAdrapnta ; fi pattntes deeffent , Domil 
nns ejus reciperet ; / Domiman nm hahtret^ Fclagus ejus^ 
So, itt cap, 3f , wHidi Law takes notice, that every Freer 
man was bound to furnife himfcif with Armes , for th<> 
publick Safety , iand ^ives him a Liberty of difpoflng of 
fiich Artnes, by His laft Wfll^ ^ his Heirs ; and chcn 
goes on ;■ Qu^dfi qui edrum h^edis^vel pdrenter mn habue''^ 
rsnt^ Dominusfuus^ iita rtclpkt : Etfi Uofnmum non babe^ 
f ^, Telagus J^J, Ji bahret^Mi rteiperef: Si vir9 ftibtf 
jflorum laheret^ ' Pum R^g^i J^ mjusprmSime y-pace dc'^ 
"pmt umverft^ Retc^ iHa r^jm^. 

Now from this*tis pretty plain, tShat fto' Felap^s docs, 
in the general acceptation cf the word , ilgnify a Compa*- 
nion; yet here It Iffiaud^ not indefinitely, for mf Friend, or 
Companion y but particularly for fli^ a one as was boiind 
for another in the Dccchnaryfor his good Behaviour ; for 
f n thofe P?y s every Perfon, of twelve Years of Agfe, was 
fworn to the King, and found Sureties for his good Be- 
liavlour towards the Subjcft in fome Court Leet or other. 
Now 'tis faid, if he had no Felagus, then his Armes are 
to go to the King, which fliews it to be meant, of flich a 
particular Companion ; for there is no Man but has ever 
llJil^e Coin^anion or pthef always liying ; tho* he th«t 




12 ty* Absolute and 

|:hat came iato this Lond with s Brute^ wyU 
lyng to be uoyed and made a Body Poli- 

was bottnd for him in the Leet, as his free Pledge, might 
be dead. . But this is yet made plainer by the words in 
the latter end of the Law laft mentioned ; where it is pror 
Tided, that every Petfon, once a year at lead, muft ihew 
' his Armes in publick ; and it is there given as a Reafpo, 
why their Armes fhould be thus publickly ihewn, becaufe, 
jays that Law, no Man fhould lenti out his Armes, fmh 
Familiarilms ^ Notts : which ihews evidently, by an alte;- 
ration of th^ Terms, that Feli^usy and F^mniaris^ have in 
this place 4 differeQt Meaning ; Every Felagus \% ^ Friend^ 
or Ctnfipamiou^ but QOt every Con^amion ^ FeU^m, 
, . I have |)een more particular in this, becaufe fome Aur 

tiquaries of good Authority, as Olaus Ferelius^ and others, 
have blamed Spelman iot expounding Felagus in this fenfe, 
who in giy i^g the |\{eaning of that word , iays it is Fela- 
gus^ quafifide cum eg ligatus. Now tho' I tbirik the word 
can bear no ofher ExpoHtion, in the Laws before rehearr 
fed ; yet lifa pf Opinion with (hem, that Spelrmm has 
miflaken tjie true Etymology pf the word ; fpr he gives 
ftl^f^ 9 Saxon Original , and would have it come from 
the Saxpn words, f^yfiJeSj and la^) %«f>Kj, which feems 
rather to be a Gingle, than to have any folid Foundation ; 
for thofe words are not , as J can find , any where ufed 
in that>fenfe , . in the S^oq Lapguage. The t)tber part 
bf the word, Jifif , copies fropi the Saxon rcipe> vvhich 
Sgni^ts a State^ Cfudifiofty otQu^ity^ pf which hereafter. 
Index Olaii Ferfiii l^ipgu^ Vet, Scytbq Scandica. Gudmuisdi 
\^ndrea^ I^exi^pir (/landictf^, Somn. Di3, ^pelm. Ghjfi 
Ji,ambard*s Sja^an Laws^ 

g It may be pbferv'd here, that our Author do^s not afr 
firm the Story of Brute to be true, but only produces it 
as an Inftance , which, upon the fuppofition of its truth, 
is very appofite : Tho' whether it be really true or no, i^ 
pot material in this place, apd is lefl to every Man's owi( 


Limited Monarchy^ 15. 

tike caiUd a Realms , . havyng an Heed to 
goverhe it ; as after the Saying of the Phi- 
lolbpher, every CommunaTtie uhyed of ma-^ 
ny parts mufl needs have an Heed ; than 
they chofe the lame Brute to be th6ir Heed 
and Kyng. And they and he upon this^In- 
corporation and Inftitution , and ^ onyng of* i. c. »* 
^ themfelf into a Realme, ordeynyd the iamtf *'^*^- 
R^lme .16 to b« rulyd and juflyfyd by (uch 
Lawys, as they al would afletit unto ; which 
Law therfor is callid 'Politicitm ; and by- 
caufe it is myn)rftrid by a Kyng, it is callid 
Regale, ^ominiu^ Tolitickm' dicitur qiiafi 
ReghHen , ^lurium Siientia i five Confilio mi* 
nifiratum. The Kyi^ of Scoits feyiiith iq)^ 
on his People by this Lawe, videlicet , R^- 
gimine Politico ^ Regali. And as 'Diodo- 
rm.Sj>culus&khi in hisBoke de jffrijcis Hi-> 
ftoriis. The Realme of Egypte is rulid by 
the lame Lawe , and therfof the Kyng ther- 
of* chaungith not his LaweSj widiout the . Af - 
lent of his People. And in like fonn^ as 
he feith is julid . the Kyiigdome of Sdba , id 
Felici Arabia, and the Lond of Libie ; And 

h i. e. themfelves ; from the Saxon Pronoun hem-fylp, 
from thence comes themfelf \ the plural Number in Saxon 
being jj'^, as well as the fingular. Hickef Gram. 3a. 


14 Of Absoluts W 

alio the ^ more parte of al t&e Realcdys in J^* 
firtke. Wbtcb toaobcr of Role and Lordfli^ 
tbo %d T>i$dorm. in that Boke^ prayfith 
giretrly) For it is not only good for tbo 
PrioCef that rtay thereby the nwjw fcwery do 
Jtlfti^cei than by his Qwne Arbitriment ; but it 
is aliij good fbr bis Pe<^e that rcceyve therby> 
iiiicb ji^de a3 they d^er themfelf. Now as 
rfA ferny tfa » it y s ibewyd op^y ^ ynoogjh , 
Vrhy one Kyng rulyth and reynith on his Peo-» 
pie l!)mim0 ta»tum Regalia and thtt otbef 
teynith ^Dtminw TolUko ® Regali :■ For that 
one Kyngdome beganne^ of and by, the Might 
of the Prince , and that other beganne^ by the 
Defiqr and Inftitution of the People of the lame 

» From the Saxon word majlfe,, whieh figtiifies greater j 
fb that the mort fart in all old Authors ^ ftands fbr th^ 
gtHtir ^an. 

^ From ,th« Saxon word jenoh, gemb ; the g being 
turrfd into y^ ^s before mentioned, produces yenob^ and 
fro^ thence our EngliOi enough. The Original of this 
Ford is Gothick, wrote thus, rA.NA.h.5 Qa»ai^ 
which figniiies, am^k^ enou^k Hickef.Thef. iif. 


LiMlTBD MoNAfiLCttY* t5 


C H A ^ III. 

Hereafter be fcheKPjiJ, the Frutes of 
Jus Regale^ and the Frutes of 

Jus PoUtiGum & Regale. 

AND hou Jo 1)6 it, that the French Kyngj 
leynith upon his People TOotninio Re* 
gait ; Yet Saynt Lewes fumtyme Kyng 
ther, * ne any of his Progenytots fet nevct 


* m^ is t pwie SaJooti Negative^ fignifymg, ma^ or «rrf-* 
tb€t. fitemttimes the Saxons ufe n% aad fomctimes nojj 
Slid noh^^ from whence comes our mt. Sometimes they 
ilift tiene^ from Vrtience cotties the French n^mty. 

It ftMiy be wc*th obftrving, that our Author, after the 
Mode Of the Stebtts, ufe« two Negatives here, m, and 
hevir^ lit a negative fchfe ; it being ufual in that Language 
as among tbe Gre*ft^, to have two Negatives in their ae* 
gfttive F*o|)Offtiotts, %%^ Nc eom ic na Epirtj I 4mnA 
ihe Cbrffl. Maf^fc. fiVtog. Joh. i. 2<5. 

Ih Mitliition of yMch Chaucer has^ Ifte faid nme Hf. 
SoinfetiiWes yott*ll find the Saxons deny by three Nega^ 
lives, as, atmriig the Laws of King 'MtMJtan, nait 
fc^k^ fyfilMz m lec^e nan tceapef pelle on rcyfe j 

Itei ^ Maker of Shieldr^ lay any Sheep Skin on any Shield, 
Inter Leg;. :ffithelftan. ly. 

Nay, foiiletimes they have ufed four Negatives to de^ 
fay mote ftrongly , as ; Nfe nan ne Oopr^ op psim 
baege byne nan j^mg tttaj^ axigean 5. Neither linrjk 


16l 0/" Absolute and 

Talys or other Impofitions , upon the iPeople 

of that Lond , without the AfTcnt of the three 

' Aftatts, which whan thay be aflibmblid ar like 


. I 

Ofty Man from thai day ask him any more (fueJUons^ fpeak- 
ing oif our Saviottt. Matefc. Evang. Maith. 32. 46. , tSc- 


Yet in fpmc Safxon Authors^ as in Chroftologia Saxonicay 
(ff inRegiaHtft.EccL BeJ.paraphrafi; the negative Propo- 
fitions are eXprefs'd generally by a foHtary Negative, as 
iti the Gothick. But I no where iii' the Saxon Language 
fifad two Negatives to make an Affirmative, as among tlie 
Latins ; tho' that (eems to tne to be more agreeable to 
Nature and Numbers. The Mathematicians fay, in re- 
iatioh to their Algebraick Quailtitieisf, • that Negation im- 
ports the Abfence, or DefeQ of a thing, and if you deny 
that Abfence , or Defeft , you affirm the Prefence , and 
Completion thereof: Confequently that the denying of a 
DeTed, or a n^ative Quantity, amounts to an Affirma- 
tion, and takes away that Peficiency. According to 
which Rule ,. it would not be improper to iky, th^ all 
even Number of Negatives in Languages , tho* never lb 
many, fliould make an affirmative Propofition, but all odd 
Numijer of Negatives fliould make a negative one, tho* 
never fo few ; for in the laft Cafe, the even Number of 
Negatives denying, and confequently deftroying one ano* 
ther, there remains.onefingle Negative undeftroy'd, which 
makes the Propofition negative ; whereas , in the firft 
Cafe, the Number of Negatives being equal, they all dc- 
ftroy one another, making an Affirmation, in the fame 
manner as two Negatives among the Latins , and ib th« 
Propofition remains affirmative^ So the four Smpn Ne> 
gatives before mentioned, in the nature of the thing, do 
affirm, when the three Negatives, tho' lefs in Number, do 
deny ; for the fecond and fourth Negative in tbe firft Inr 
^ftance , deflroy the fird and the third by deayinj; them, 


Limited Mona^chy^ it- 

to tfie'Coiirt;of Parlemcnt in.£'«^^^ And 
this oi'iter kept many of his Succeflburs until 
ktfc'days, that Engliihmen made iuch a Wat 
kiFrauncej that the three Eftats durft not como 
to ^ geders. And than for that Caufe and for 
grete Neceffitc which the French Kyng had of 
G66d$, for the defence of that Lond, he took 
uppn hym to let Talys and other tmpofitions 
upon thfc Commons^ without the Aflent of the ^ 
three Eftats ; biit yet he wotdd not fet any 
flich chargs , nor hath fet upon the Nobles » 
for feare of rebellion. And becaufe the Com- 
mons, though they have grutchid, have not re- 
bellid or be hardy to rebell, the French Kyngs 
have yeaAy^fythen, fett luch chargs upon them, 
and fo augmented thc^fame chargis, as the lame 
Comnions be lb impoverilhid and diftroyyd^ 
that they :|: may <= unneth lyve. Thay drynke {.^d;^* 


which makes m Affirmation ; and in the fecbnd inftance 
ef the three, Negatives, by the fame Rule, the fecond Ne?- ' 
l^ative deftroys the firfl , and makes an Affirmation , and 
then the third Negative, ftill remaining fo , makes the 
?rop6fition negative too. 

- ^ This is a Saxon word y and is wrote tlciis, ro^e&ejie, 
and. fignifies, together. It comes from the Saxon Verb,, 
ga&epian, to ajfembky ox gather, together. Somn. Sax. 

« ii e. tan fcarce live. .The word*i nnneth^ is a Sa«on 

C word 

18 O/ABsbLtJfi atiti 

Water. , thay catc Apples i wifeh Bted 
brown made of k^e. Tha^Jf eate tid Fl«fche» 
Hut if it fee *fiadch, a jitili litodfei of tif the 



ii, un-ea)ie Ijaac ]5cent)0& >ar rpP«ci //imc iadfimi ^ 

ikied his Sfeech. Thwait's Hept* Gen. i7* 30. H is t 
fcdffipiimid ifi^ora^frbm mt^ whfcK \i a ncgiiHVePaitJclc, anil 
ili« 5^<^i '<^a]?^j ^4/?fy> «ld fo word for Wdrd^figmfict 
yo^ ^4^/y ; aud ftom thence comes the Saxon un-cafe-liCji 
frnfohble^ or w^^ e^/Tfy ; ffr in the Saxon ft^dilig fbr tfi* 
fimb as fy ih modern Engltfli. A»** *S^- X»<5- 
.^ ^ «>jf 1/; is an old EfaghKIi Phrafc for txteps or umU^ 
As in the Vifion of Felrte Pkrufnum^ are many Exj|mplef 
of this kind to tfe found, as, : ' . 

9nTi beatc OCeton t(3erttitt^> Imt if Qie ttrtliimti^ 

' ffinUei&b art tWu> ^^^tiet^ litit if tW Ctetie l^y^ 

\ . ... 

Sp. alfo in Chaucer^ and many other dd Authors. NoW 
the Word, i»^» maniftftly comes from the Ibanth^axm^ 
^tJ% but^ari, or, bUijoi^ Tditch figntfiesv exceft^-fiM^ 
^fflefi ; /as, Ne jereah nan cpan paebep buron je J>e 

IfOjiTiobej No Man hath feen the Father y except he which 
is rf God. Evang. Marefcal. John 6, 46. From hence 
%fomes 'our EtigRm wbrd , b'ut^ in this Ex^effioh ; I hxvk 
"all, kut tWee, V. ^. except tiiree. Somerimes buftan fignf- 
^e$ i^^de^ or ivithota, as btncan aff> £)!;);?&•, «» o«(/(w 9 
%ttt:^ jitee, ^thout punifhmem. In I'eutanf ck , it ts 
hatttn^ in Chaucer y bout* Front hence comes the Scotch' 
•i/ii,.ti4d to ifiifs day, aS^, ^«^if ohy iiicfig^ee; nvithout. "any 
defe A ; ^»^ ^ot of crime, nvUhout mark of tnime ; *jte 
•ttoxibt', without doutt. toci^f* TX'if/I f7- iSC^/'^- &»f^« 
Sax. Dia. 

' ^ irbis wbrd is oT^ Wth In tbe'^oti and TeotonTck ; 

LiMIXED M0MAR<5HV. ,5.' 

tatcailfi , or Heds pfJBcfts fclayoe for thie No- 
hies^ Mid MerdbiauDts of uhe Load. They 
Wieryo-noWxillyn* .^bat if,k\K * porp Cot^* ""''/^'^ 
Under their uttermoft Garment , made of grete 
Canvas , and cal it ' a Fr ok. Their f Hol^n 
he of JjUke Canvas^ and pa0en not their Knee ; 
iii>wfor tiey be gaarid and their Thyghs bare. 
iThcir Wife and Chttdren gone bare fote ; they • 

« :Sj|ari 'tis mtQt^ ihx(s, relaen 3 ^ Teutpnick, (d^ 
UA, ftUoWy rarely ; ip the <xernuin Tongue, 'tis CeUettf 
'Jh^a&tn Jiofteat douht Jbatt jthe .Saxon, felfcen, coflief 
fewn jMI&5 which fignifies r^rt^ feUtffir^ the comp^rgtivf 
k felftop, or feU>f*e, tnore fildom^ -and the fuperiarive 
tel&Oft, moji feldom^ or very often. In this, theSaions 
mita^ <hc Greeks and Latins ; but we have loft paoft of 
the S^on comparatives and fuperlatives , by ufing thf 
%opd« , inore and nwft^ in our modern Englifh, tho* W/^ 
retaili many of them to this day. Among the Saxon Law^ 
We ineet with the word unxclton^ mt fel4my mfeldom^ 
^T 4umimes. Lambard's -Sa^ou I^ws, p. 82. HiekeC 
T'hef. fj, Somn. Sax; liU^ft. 

"^ This comes from the Saxon hcq^a, which fignifies :t 
Sfiociingj or Hofe. i^Iow all Saxon Nouns ending in a im 
the .fingufkr Number , end in an^ or e« in the plural ; as . 
fifbe^^ a Prophet^ in the fingular Number, is jn^J^ao, 
in the plural 5 fd bof^ in the fingular , hofaa in tha 
JJlur^l ; and from thence, hofen^ hofyn. And from this y 

tej;mination wejiave many oldEn^ltfli "words derive their ^ 

original , as honfen and poen , and rmany others ufed by 
the vulgar in fevcral Counties to this day; Fid. Hickef. 

* * 

, : C x . jnay 

20 Of Absolute mi 

may in non otijerwyfe Ijrvc. For « fiim of 
them, that i^as wonte to pay to his Lord 
ibr his Tenemcat, which he hyrith by the 

« This IS Saxon ; 'tis rum in the mafculine Gender, 
imd pime in the feminine ; .which fometimes, among 
(lie Saxons^ fignified m individual^ or fingle ferfim, a^ 
On iJepo&er bajum lufeea cymn^ef yxr rum racepfir 
on naman Zachapiaf j Ti&^r was in the days of Herod, 
/iSe Ring of Judea, a certain Prieji^ named Zachariis. It 
alfo fignifies in this Langn^e a number tfiat is not pre- 
cifely certain, but very near it, as, "Sa paepon hi fume 
ran ^eap on Jam S^pmne, They had IVars about ten 
Tears ; or, as the Idiom yet remains in fome Countries, 
efpecially among the vulgar," they had Wars about fame ten 
Tekrs. Boethius de Confolat. Philofoph. Saxon, p. ii4* 

Sumy is alfo, amon| the Saxons, ufed as a termi- 
tiation, fignifylng fomething lefs than the terminati- 
on Ful, and denotes a fubjefi that has fomcwhat of a 
particular Quality in it, but not in the fuU. Extent of 
that Quality ; as from the word lanj, hng^ is form'd 
lan^m, langfimey or longfome ; which does not fignify 
very longy but what has fomething of length in it, and i$ 
not Jhort^ hxit a medium httwteajhort and /w^, for which 
we have no modern Englifli word. From thence come 
our Englifli. words , delightfimey wholejome^ totlfome^ fuU 
fome^ lonefomey and fuch like. This word Sum^ comes from 
the Gothick StXMS ^^^ SHMA^ which fignii^ySi»^, 
€ixone. IfaacCafauhon fzySy onrEnglithfomeyCgm^ from 
the Greek <rd»V«, corpus ; but whether that be more, than a 
notional Cqnjeaure, I leave to better Judgments; for 
Xhe Gothick, and the Greek probably came from one com- 
mon Language fpoken by the Sons of Japhet. See Gen. 

: 10. 1, 2, 3, 4, f. 




Limited Monarchy, 21 

ycre', a ^ Scute, payyth now to the Kyi^, 

* OVCf 

* A Scute, was a French Gold Coin , and is the fame 
with their Efins^ox Ecui d'Or, a Crown of Gold, .or GM 
Crown Piece. It was coin'd about the Year H^-? 7 ^ 
H. V.'s time, and was of the value of 3 /. 4 ^- ^^^' 
fieur dH Chefne, fa hi5 Bjioire d^Angleterre, fays, up- 
on the? fwroader of Roan to //. V. the Citiiens were 
to pay 36 jooo of the Efcus d'Or , du Coin de France. 
Speed calls thefe Coins, Crowns of Gold, and 7ri»/r/, 
SkuM of Gold, every ^Q of them of the value of aa 
EngliOi Noble. ' But our Author himfelf has- fix'd the va- 
lue, beyond difpute, to be 3^/4^- ^r he fays in his 
Boot^ Laudibus Legum Anglic, the expenceof one 
Serjeant at Uw, when call'd to that Degree, was .1600 ^ 
Scutef , and of eight Serjeants , when Called together 
came to 3200 Marks ; and then, fpeaking of the Rings, 
lUch Serjeants glvQ away, on that occafion, he fays^ the 
coft of his Rings was soPounds^ amounting to 'T^ooScutes^ 

which is 3/. 4^. each*Sf«^^.' 

- Now the word Scute , comes from the old French 
word Efcu, which fignifies a Crown, or gold Money ; as, 
0n Efcu, anciently fignify'd,. nummus aureus; and th^ 
French phlrafe, un qm ^ Force Efiu, fignify'd, Qncwhp 
was a monfdMan, benemnmatm, EJcu alfo fignify'd a 
Shield, OX Target, arid fometimes ftqod for the Coajt of 
Armes blazon'd on fuch Shield ; as, L*Efcu de France, is 
• the Armes of France, From J^fiu , comes the French 
word Efcuyer, aud frpm thenc^ our EngHfli F^fyuire. This, 
fays Nicot, is th? firft degr^ among the Titles of the No- 
blefleJuFr^f^f^, 'and is called in Latin &»^/ffr, as one 
who bears a Shield, and has a right tp Coat Armour ; for 
an Efiuyer, fays he , is properly one who has a right to 
bear a Coat of Armes on his Shield ; fo tbait every Efiuyer 
In France is a Gentleman, for none is there cfteem'd a 
Gentleman , who has np.t a right to a Coat pf Armes, 
From hence comes the v^otdEfiufon in French, and 

ftpm theuce (m word Efcutckeon m Engiab, Efist oxifh 

C 3 BsiUy 

5i2 0/" Absolute and '\ 

^ over that Scute , fy re Skut$. Whet thragR 
they be ^ artyd by neceflite, io to watch, la- 
bour, and grab m the Ground, foi^ their SfuftcT 
Jiaunce , that their nature is much waftid $ add 
the Kynd of them brought to nowg^t- Thay 
gone crokyd, and ar fcble , not ?bie to fygbt^ 
nor to defend the Reahne ; nor they hare W6- 
pon , nor monye to buy them wepon with4 ; 
but verely thay lyvyn in tile moft extreme? Po* 
vertie andMyferye, and yet thay dwellyn, ia 
one , the moft fertile Realme of the World : 
wher thrugh the French Kyng hath not MeH 
of his owne Realme, able to defend it^ exc^ 
his Nobles, which beryn non liich Impofiti- 
bns ; and therfor thay ar ryght likely of their 
Bodys ,' by which caufc the iaid Kyi^ is com- 

nally comes from the Latin word Sctitum^ a Shield^ an4 
that comes from the Greek SjmJt®-, which fignifies a Hide^ 
.or Leather^ of which Shields were, among the Greeks, 
anciently made, and with which fometimes cov^t'd ; ani . 
indeed, in the time of the Saxons, our Shields were cover'4 
with Leather , as appears by a Law of King JEtbelJtane 
"teforc mentionM, whereby *tis prohibited, tjiat Shields 
fliould be covered with fo thin a Leather as SSeep Skin, 
Du Chefne jf£ft. Angl 8a8. Gronken Prec'uf^ by the learned 
if/hop of St. Afafh 23. Fortefcue de Laud. Leg. JbigL 118, 

\ From the Saxon wor4 oj^p> which fignifies , fifra^^ 
shove. Somn. Difi. 

\ i. e. arS'ed, or coarHed^ from the ol4 French Verb. 
.^oarScTj which figtUfie$ to frefs^ p| t^mn^ > 

> pemq 

ffilid tp l^ftI;e^hi^ A^-rtiys,- aR4 R^cpennys ^( 

^^^/ . ^Jf4gfftrdf i f Jrr4gpt4rf , »(Jf:i> pf 

?iwymy9 Doighc pverrenpe |>yiii. For l»e Jiatl} 
po Di^c;ip pf bis own , ejtcpptp l^ts C»ftel|f . 

ati4 Forcrgfw. Loo tbis tb? ^e pf hys 3^«f 
^g0k, Yf tHp |^(wteie of England^ wMcfe 
1$ an lie, ^wi fb«:efer wt^i W& llgWy gqc §0r 
^wes of ptl»cr X<>p4s, iv«|r€ rnliji ijD4er foch 
t L$W«, agd mj4er fijch a Pf iiw:.e. jf jypnUJ be 
*^ # P»y f o gji other I^iwjoji^ t^t yiroig^ 
foa<jupre, xofe^e, ^d deypuer yt j \yhiph H^a^i 
^#prpuyy,d if^ the f^if» of t\^ Bt^ff^^ 
whan the Scotts and the TySfes^ io Ijeoje j)^ 
opprcflyd this Lend, that the People thaof 
ibughte helpe of the Romayns, to whom they 
had byn Trybufeorye. And whan thay could 
not be defendyd by them , they (bi^ht helpe 
of the Duke oi Biyt^ffe^ thajx callid Litit 
Brytayne , and g^jiHfjQrd dip^jf, to make hia 
^rother Confiant'me ^eir Kyng. And io he 
was made Kyi^ heerc, and raynyd many Yets» 

. * i. e, AragtottMtty 

* i. e. Qemuuiy ; it is called Ahmepie hj Chi$teet^ aitd 

«11 Qtber ol4£nsV(b Authors, &<m /tletaamiai iaFieacb 




i . 

24 • (^"Absplute and 

and his Children after hym ; off which grete 
Arthur e , was one of their Yiliie. But Uefiid 
be God, this Lond ys rulid under a better 
Lawe , and therfbr the People therof be not 
in fitch penurye, nor therby hurt in their Per- 
fons, but thay be wealthy e and have al thyngs 
neceflarye, to the ftiftenaunce of Nature. Wher- 
fbr thay be myghty , and able to ^refyfte the 
Adverfariis of the Reahne, and to bett other 
Reaknes , that do or 'will do them wrong: 
Loo this is the Frute of jm ToUticum ® 
Regale y under which we ly ve. ' Sumwhat now 
I have fchewyd you of the Frutys of both 
Lawys, Ut ex fruUibus eerum cogmfidtis 

) • 

C H A 

Limited Monarchy, cj 

- k 


Chap. IV. 

Jlereafter ys * fcheinyd hou the 

Revenue of^xwxxzj^he maek 

- ' < . , . • • • 

SETHEN our Kyng reygnith upon us 
by Lawys more favorable abd good to 
us, than be the Lawys by the which 
the Frenche Kyng rulith his People , hit iis 
teafon we be to hymmore good , and more 
profitajble than be the Subgetts of the French^ ' 
•Kyng unto hym, whych it would feme that 
we^be not^ confyderyng that his Subgetts 
> yekiyn to Jiym mor^ in oi^e Yere^, th/^a wee 


? From the Saxon fceapian, taJhewK And here k may 
, be obferved that r^j among the Saxons, is, ' in our mo- 
dern Ehglifh , generally turn'd into ^, as in the Nouiis, 

• fceopr, j-ceo, jcvp^ r^ipe, in EngliOi, port^ froe^ frip^ 
jbire: fo in the Verbs, j-ceocan, fceapah, roeafean, 

•fceappto, in Englifh, to poot ^ to foear^ to fiade^ to 
fiarptn : and fo in many more inftances too tedious tq 
'infert. - Somft. Sax. Di3, 

^ That is, fay^ for this word y^dyn^ Comes from the 

• Saxon Verb ^dlban, * or jylbad, to pay ; and from hence 
it is, that in DoomfJayrhook you frequently' meet with ^/7- 
dare^ to fay^ or render. Ibidem, tit. Somerf. Wells. £/^-. 
fiopus ipfi^ oppidun, Umki ?W P^o fQ hidis pldaiH. 

/ ' ^' • ^ Awl 

s^ , Of An$Qhvrt ^nd . 

io to our Soveryng Lord in two Yers , how 
fb be it that ihay c(o fo , agcyn their Wills, 
Nevertheles whaa it is coniyderyd, hou a 
Kyng'$ Office ftonditH ia two Thyngg, one %o 


And from gdban, comes the Saxon word Ipl&j or^fe, 
m tribme^ pnyment^ or money ; in Dutch, ^eit, to this day. 
In the Media Lminitate it is render'd Geldwn^ fignifyibg^ a 
7'dx. Hen. Hnnfimpon. Hift. lib. 7, Je It^ttUlmo Rnfb ^ m 
Amm X 100 ;. Vkima Wkrfafitos^ etcefihilms freqnemifimis y 
£eldis cominms vexabaf. So ii^ J^mfday^^ookj ifoc fejfnm 
%ikei^ un.Mii. in long. i*f Jimi, in lot. 6f de 20 f. i^dd((- 
MfJ. inGeko. But xhis word plb) among 'the Saxons, 
^ nottier fignificadon, which ^as, a nurAff, or. con^ioH 
fathn for a Crinuy a$, V^'^'S^ ^ compenfi^ioa fys tl^ei 
death of a Man, the value or price of a Man whp was flain, 
Jt is from thefame original, that our old EngHlh word, GiUj 
^gfttfying g Q^rp^rmon^ Cowfmty^ qr Fra$frmty^ is fieriir^di 
in barbarous Latin , GUda^ and fibo^etimes Gi^^ff ; for 
that every one was ^ildare^ to pay fomething tow^d t^ 
fuppoft of the whcrfc Commtinity ; a|id from thencp it 
i$$ that the Places , where thefe Corporations meet , arc 
caird, Gild-hollas^ in Englilh, GildrbaBs, I e. HaSs of the 
^/i, or Sofihy ;. and to this day we find chs publick 
Jr*eaft6, among the Germans, called (fiUm^ And indeed,, 
anciently, the Inhabitants of Towns and Bn;roiigiis is En^ 
jfland^ were incQq>orated by Girax^ts fitup ^eKing, by tl{Q 
word«, Gildsm mercafoTMrn I {u\d fp was t^ C^ter Qf 
.^. I. which yv^ graiit?d IQ tjie Weavers of l^wdmi by- 
^which he grwtf4 \o t^m, that they (}iopld hav^ QiU^ 
tnercatoriam^ there being no othgriVK^d^yOf J^jcgjpQiR^^ 
.^led in thofe day^^ 

I think Jt wfll q^t ha am^« in this l^e m^ jC^ 
lh:v)s thait tfa^ Stion S > is very often in mndf rij Ea^ 
^liih IpftenM \m&yi bo^h in tiu? beginning, pfud<U^„ m4 

<q4. <^ 9r«<]6x ik ifafi l^f^iMP^ii ill ia j/m^x ^ 

LIMITED Monarchy. 27 

defend his Realme ageya their Ennymyes -oitt- *J°^f^f 
ward, by Sw6rd, another, that he deftsodith at h of, 
bis People agcjrn wrong Dears inwaid. * which S^*^,^ 
the Frenche Kyng doth nott ; fythen he G^firfiBook 
prehith them more hymfelf , than would have 'tbi!& 
done al the wronge Doars of the Realme , French 
thoi^h thay bad had no Kyng. And \yva^„ot^ th? 
yt is a fynne, to gyve no Mete, Drynke^ Ck>- *^^'^ 
thyng, or other Almes, to them that ^oiskbepwene 
iiede, as IhaU be dedaryd in t^c day ^^^f^ 
f E)Qme J hotl mycl^ ^ »f«ter Sjriiae is 'ii, tojea , Cp 

\ ftook th# Saxon Seman j ^e4r, from the Saxoa Laad, 
.^eape s «ft4*, from geoc 5 fo ;/eA/» or yield^ from the 
Snxon Selt> : So in the ufual phrafe in Leafes, where 
Rent is referved, by the words yielding andfayitig^ by turn-i 
kg the y into g^ in S^on it is J^toeng, or B^l^t^S ^ 
Which fignifles properly rendringy and anfwers to the La- 
tin reddendo ; and this, indeed, is moft fuitable to the 
Nature ef a Rent referved, which i« tp reftore, or give 
back a pact, in lieu of the whple fo leafed, So you find 
in fiierc^ PlotXfmoff, ^t tttll 3 tel^ a«am, \f H to 
mui^ l)atie* This Letter % ts alfo liquified in the middle, 
4tt in t% word faH^ from the Saxqn f^S^ % >«/» fr<^n» 
jnadgl j^ Ml, ftom taejl i /^/r, from paejep ; So in 
^he end of words , as in day, from the Saxon bs^'S h t^f^ 
|y, from paplj. Hickef.fhef.^ S^lm,Gk[l\ Regifttr 
ifU^riu,ll9. Co. 10. f. 30. 

< This is perfta Saxon , and fignifies , a Stmunce, t>t^ 
•p-ec, or Jfidgmenp. Spinetiiws Oome^ or bom^ £s us'd 
^ a termination to Nouns Subftantivc, %nifying an Of- 
see, or Duty, with iRule or GovernniCBt ; as in Eymng- 
(i^ Cyn^ljOoflEies^ inEnglife, Kifffd9mi Eal^jv-. 


28 ' Of AhsptvTE and 

tike from the pore Man , his Mete , hii 
Diynke, his Clothyng, todkgl that he hath 
peede off? Which vcrely doth the Frenche 


fcome, JAm-gfiy/^^; ^thc.SArmjf, in the Saxon Times,, 
being always a NoBUmany called €abop, or Galbopman, 
from whence conies our EngHfli Alderman^ in Latin, C«- 
wfs. So Bif ceop-Mme, fignifies Bifoapri^k ; and from 
tlience we have the Englilh words Popedoms ^ Duke- 
dome^ Chrijl^dome^ and many others.. Sometimes, a- 
gain, 6om denotes the State; CondkioMy or Quality cf 
any things as, ppeobdme, freedome ; hupe6ome, wbore^^ 
dom ; Tifbome^ ^wffdom ; ^eop&onle, tiraldom. So the 
words, borne, and 6omaj-, fignify'd the Stiaate and Com- 
mon Law among the Saxdns ; as among the Laws of hoj 
Kingof the Weft Saxons, it is provided, j> naemj Galbopi 
maima ne Uf un&ep ^e]>eo&erit)pa aepwp jiasm pepe 
apenben&e \x\ upe bbmaf 5 in Englifli, T%atHo NobU^ J 

'man^ or other Subjeit^ dare to break or pervert our Laws^ \ 

Inter Leg. In», Lamb. Arch. p.r. Hence the Statute BooTr]- 

or Book of Laws among the Saxons, was called Dbrtie^ I 

boc, Dome-book , as , bere f pa &om*rboc casce j eom-^^ \ 

fextfety ficut Liber Judicialis ftatuirit ; iet him make fuch re-^ I 

€ompence as the Doom-hook teaches ; which , no doubt , re- 
ferred to the Body of Laws in thofe Times. Inter Leg, 
^dwardi fen. capiteS. So, in the Law of King Edgar^ 
for keeping the Sabbath , it is faid, healbe motx selcef 
tynnanbaegej", ppeolp. pjpam nontibe J)a^ jraerep. 
"ner backer oyj^xf monan basjep lihnn^. be pxm 

'pire ^ bom-boc Vxc} 5 ht every Man keep Simday ho^ 
ly },- from three a Clock of Saturday in the Afternoon^ to break \ 

pf day on Mundayy on fuch a ' penalty ^ as the Doom-took^ or 
Book of Layjs appoints. Inter Leg. Edgar, cap. f, 

J^bw when the Bifhop and Earl, by the Saifons called; 
'Birceop, and Galbopman, fat together in the County, 
CqW, a§ they did uutil thQ Ccawjueft, aad before the | 


Limited Monarchy. 


Kyug to many a fM off his Subgetts, as it^ thou-^ 
is opynly before declaryd, Whych thyng / ' 
though it be colo wry d /^f* 3^1^ i?^^^/^, yet it, 
is Tyrannye. For, as Saynt Thomas faith, 
whan a Kyng rutith his Rcahnc onely to his 

Courts at IFepninfter ^ff^tt cfeaed, they jtidged all Cau- 
fes, both temporal and fpirkual ; and as the Biihop and* 
IJ>iritual Judge, ufed to carry with him tor Court, a Book 
nf Canons^ not only to direS him in his Decrees, but as 
an Enfign of his Authority ; fo the Earl, who was the 
temporal Judge, qarry'd this Dome-book with h^m , which 
was the Body of the temporal Law , for^ the fame pur- 

From hence, I conceive, comes the name of the 
famotisBook, CdX\sA Doori/^fday-book^ the queltion whe- 
ther Lands are ancient Demein or not, being finally to 
be determined by the Decree and Sentence of that Book^ 
frpm which there lies no Appeal , nor againll which any 
Averment is allow'd by the Law. And this- is to be 
done on Court-days^ or Judgment-days ; whicji I con- 
ceive to be the Reafon of the word Day in Doothf- 
day; for Day , or Z)ey, does not fignify a Judgment , or 
Decree^ as fome have thought, but it comes from the 
Saxpn word b2^% 9 which is usM only for day^ and has 
no fuch figliification belonging to Law, or Law Pro- 
ceedings, as thofe Authors imagine. Fttz Herberty in his 
Nat, Br. and fome others fay, Doomfday-book was nfiade 
in Edward the Confeflbr*s Time ; but that is certainly a 
miftake ; for by the Saxon Chronicle, and other Authors, 
it appears to have been begun in the Year loS^* , which 
was in the twentieth Year of the Reign of WtUiam the 
Conqueror. From the word ftofne , comes 6omej)n, 
which fignifies, a Courts Place €f Judgment y or Judg-^, 
ment-Hally and &ome-jeCle^ fignifies a Judgment-Seat. 
Alarefc. Evang. 18. John 28. Hickef. Thef. 12. Diflfert; 
• Epiftol, 60. Chron. Saxon. 186. 49 Ed. 3.23. 




- Of ABSdLtJti dni 

dwh ptDfytt, and not to the good d[ ills Sdv 
gOts^ he yi a TyralaaKi. King * }l4r4mld 
itynyd upon the Jewys * jDM«/«i9 Hegdii \ 
yet whan he iclodgh the Cbiltken ^ I/raeJl^ 
he was b that a Tyraiinte^ though tlie JLawet 
hytsx^ ^^fod Trincip flacuit^ Legis habet^ 
tfei^vfTM^. Whet<fin*^ili^, which neynyd up- 
to the Children tif tjraeit, by like Lawys^ 
iaiad deiyryd tx> have Jbad Naboth, his Subg^ec^ 
Vyneyaffd < would not hj chat Lawe take ft* 
from him ^ but {>roferyd ^yiri the Vattle* tterX 
o£ For tfaees wofds ^ iitid by the Pcop]»^^ 
9rie£c eis Jm Reps, be not efe to fty bot^ 
^rjeJk €k ToteftMem Regis. Whcr&r as of^ 
ifa as « Kyng doth any thyiag ^ ageyn ite 
Lawe of* God, or ageyn the Lawc (>f ffeturei 
ne 4k>di WxQug^ notwidiftondyiig the iaid, 
Lawe declared by the Prophete. And yt ds^ 
fi) , that the I-awe of Nature woH , in thist 
Cafe ^ that t;he Kyng fehuld do , tt> his Spb^ 
tts^,< as he woidd be done to hym^, tf 
e w6re a Sutgett* which may not be that 
\/c would be ^^Btiofte de(boyyd^ as b^ thi^ 
Commons of FrmnCe. Wherfbr , albeit did! 
the Frenche Kyng'^s Kevemiz be, ly iuch» 
aeanys , oiiche gretter than be tfae JRceiw^ 
traz, whidi the Kyng, our Soveryng lx»d ^ 

^ 'From Ibe 'Saxon fl^en 9 i^^ft; 


hath of us, yet they be not « goodly takyn, 
and the M ^ht of his Reakne iSsgere deffaroyyd 
therby*. By which Con{ideratio6 I would not^ 
that- the Kyng^s Revenuz «f this BLealme, were . 
Made gretfe by any Inch meanys j and yet of 
neceffite thay inuft be grdtteV than thay be at 
this Day. And truly it is vetey neceflary that 
thay headway ^tett ; an4 that the Kyng have 
iboundantty, Wheilvfth \aSi Aftate itiay be ho^ 
notably kept* li» Xi^ matay Gatidlys^ o^ 
which faxat fchd dbW heredfber be r^ifiem^ 

» 1. 

i. e. juftfyj or rigkeoujly ; goodly conring from tiic Sa* 
lOA wotd So&^lrc, cofnpounded of ^o^, which .fignific« 
^^amljfj|^'«s tv^ellittGt^; tadlfc, Whidi, iii o«r m^ 
Atj^ £nglift, is ^« 

.1 , 

■ ;G;fl.:^.f. 

32 ^Absolute and 

Ghap. v. 

1fLaA.Tye harmes "^ that come of a 

Kyngf Tovertie, 

FIRST, if aKyngbe powre* tie fchil 
by ncccffite makes his Expenccs^ and 
by al that is ncceflarye to his Aftatc > 
by * Creaunce of borrowyng , wher thow- 
N rowgh, his Creauncers wyU wynne upon%hym 
the 4* or the y^^ Penny, of ail that he dylpca- 
idith. And fo he fchal lofe, when he payyth, 
jPe»»y, the 4^^ or 5:'^ f parte of his Revcnuz; and thus 
be therby alway porer and porer. For Uihry 

* In Imitation of the Saxon % tbati 

/ This is an old French word, and fignifies the fanjijj 
is the modern French , Creance^ Credit^ or Trnft ; from 
thence comes Cf fancier ^ aCreditar^ which comes front 
thQV^thCreatfcer^ to promife^ or undertake. This brings to 
iny mind a French Proverb ^ which w« find in Hlftory^ 
wherein the word , Anghis , EngUfomen^ is us'd for Cre^ 
JUtors to France i to the honour of the £ngli(h Nation ; 
And that was , when a. Frenchman had paid all his Cre^ 
ditorS, he usM to fay, 'yay fayi torn mes Anglois^ I iave 
paid all my Engltfistnen. This Proverb was fupposM to 
have had its riie , from the numerous *Debts and Sums 
of Money, that France contraded with^ and was to 
pay to Eitghmd, upon account of the many Conquefls 
]iiade by^ our Kings of Mftgloftd in the Kingdom of francei 



Limited Monarchy. 33 

and ^ Chcvelauncc, increfith the Ppvertie of 
hym that borowytk His Creauncers fchal. 
always grutch for lacke of their Pay^nent, andr 
diflame hi$ Highnefs of My^overnamice, .and 
Pcfaute of kepyng of * Days ; w|iif h yf he * lerrf 
kepe , he inuft bof owe as much at the Days, M^^^^- 
as at the firft. For he fchal be than porar 
than ic was', by the Value of the .4^^^ pr, 5:^^. 
parte of his firft Expenfes.; and fo be alway. 
porar. and porar, unto the tyme he be the po-, 

*; This word is an obfotete French wprd , and I find it 

wrote thus, CheviJJanci^ Cgnifying a» Agttement^ or Cow- 

fofitioti betwzen Debtor and CreMtor^ in relation to the loan 

of Moneys ; and this comes from the old Fretich word 

Cheviir , to come to an Agreement , or make a Bargain 

touching Property ; and from hence the old French 

Wor3, Chevance\ is us'd for Goods^ Money ^ or Riches, In 

barbsffous jLatin, 'tis Chivancsa^ which you will find in 

Chart. Edvar. II. Reg. AngU in Monaft. Angl, Tom. 1. 

P' 3J9* Qi*^ *^^ prioratus pene deftruBus^ 5«f pojfejfiones 

fna ad plnrimos terminoSj pro.plurJmis Chivanciis ahenqt^e 

exijinnt. Chevifance^ in its Original fignification , meant 

nothing of corrdption , as here in our Author it feems to 

do ; but it now generally fignifies, a corrupt^ ufurious^ and 

Hlegal Contra^ between Debtor and Creditor, and is fo us'd 

in our Laws^ Statutes, and Hiftories, and particularly in 

the St^utes of UfuryJ 

The word Chevifance is originally Italian, from whence 
pioft of our words relating to Merchandife and Trade, 
are deriv'd^ It comes from the Italian word, Civanzat, 
which fig^ifies advantage^ odds, increafe of profit^' or rather 
pijiing for profit \ and that from the kalian Verb, Civan* 
z^re^r to foreeajl, zadjbift how to get. Torriano Vocabo- 
lario Italiano & Inglefe. Monf* Menage Origini della]Lip- 
gua Italiana. Du Frefn. Gloff. 

D reft 



54 Of K^^otvtt and 

teft Lotd of 1»9 Lond. For fccfc taaatt of b<J- 

rowing , mafcyth the grete Lords <o be p6fttf 

than their Tenaunts. Wh« Mionont is this, 

ind abatyng the Glory tt a Kyflg! mA yet yt 

f **>^is t l«fte to his owne fcwiertie. For his Si** 

w^/S-getts wol riathef goo with a Lord, that is ridb* 

,£^» and ttuty fJay their Wags and fixpeufi^* . than 

with their Kyng that tett^i novirght In his 

« Prys , but thay muH fefire hym , if they wit 

do fi>, at their own Dii^Kn^; Itemi if the 

Kyng be pocr , he icbd of neceffite itaake Bis 
Oyfts and Rewards by <• Affignemerits , fef 

which he fchat have but Iitil thanke. Foe' 

iSk poer Mm had ratfaor htnrc a loo Marks iiif 

ftand, than a roo Pound by any Aflignemcut, 

ivbich peraventure fchal coh, liym ® right mycb 

• Prys^ I.e. Pyrj, ot Purfe. This ts after the maimer 
6f the Saxons, who have many words , wherein, if you 
irarifpofe a Letter, as by putting fometimes the Vowel be- 
fore the Confonant, and fometimes the Confonant before 
(he Vowel, they become perfefl; Engh'fli, as, popf r, (oxfiroft j 
cpset, for cart \ bpifc&e, for bird; Fyphcby fQtJrighi 
pa&pf9 in the Weft Conntry at this day called > wdps^ 
for wajp ; S^PFj for grafs ; fo beophr, for Ar^i 
p&Vf'Cy for be/kj and many others^ « Tbef^Ungn. 4, f. 

« /. tf. by Gtants^ and Affignmetas af dcMamb ami d^aief 
fayahk to tie Crawff* 

• * From the Saxon pihr, which fignifies rrgbt^ jnjl^ a&c) 
tirue. It fignifies alfo ^Lau^^ Statute^ Decree^ Equity ^ oiytt^ 

fiice i but in this place it figaifis^ odvcrHafyy mi meaHs At 

^ or ne can* ^fect fiis^ payment, dhd peravenrurd 
6c Mver paid' xiie^t And oftyntymes fof 
fetloi 6t Moncjt , ifhfe Kyng fchaf be feyne to' 
^te t3cwdy his tand , to fiich is would have' 


fame as in modern Englifli is cixprefs'd by the word very^ 
6t greatty ; as , for Inrfance , the Saxon piht-n»i])e5 is' 
re^fiigredtt/^htty^oiAfoty^oti^ it £\^\fitsverymuch^ or' 
very great. SdintfteSi«onWord*,tuht;-pire, from whence 
comes our Englifli word, righteous-^ the true meaning of it 
is," 6vl4 very wife, of truly uJife; and from thence is the Sa- 
afotf,' pih^-^ife^nyYf, in Englifli, ri^eoufwefs , which* 
fijg^ifics word for word*, trmelFifdom, or very great. IVif^^ 
Jfm. This ufe of the word right ^ is almpft loft, but' in 
foilfie'Expreflioris' it is yet retained among us* to tKfs day^* 
Jk » the Ai>p€*liati6n, Right fTarJbipJkr, wKeri apply'd to' 
Magiftrates of a^lqwer Rank; and in BJght Honourable^ 
Hfgbt Trufyy and Bright Reverend, when apply'd to Peers.^ 
^eiafe, PriVy CounlMlbrs, andMagiftrates'of afupcrior 
Raiild Soitietimes it fi|;nifies, as'.ia th<iXatin, re{ia^ 
ftrfifht on, jujt before you ; as^^ Qaxt-pihr, is, juft £^,^ 
or exa^ly Eajt ; frotoi hencJe comes the -Expreffidn,' in the' 
Weft Ottnglcmd, fore-ri^i^ that is, juft b^dre you, flreighi 
0fr; ft) Jaep-p^hfe, fignifies, iSico, immediately, jufl then. 
Somn. Sax. Did. Benfon Vocab. Angl. Saxon. 

^Or, do^ riot here ftahd'for a CdnjuriSion, but for 
ari' AdV^b of Tinie ,- arid comes from the Saxon «p ,• 
which figtiifif^, firjij or ^^re, ,»and in modern Englifli, 
is wrote thus,*Vtf, or V. So in- Saxon, the word 
eji-bbjien^ is, primqgmtus, firft-born; sep-onpanpan , 

fo'af&iciyate'; ^Jt^^jycjizn-bx-^y the day before ycjlerday \ 
:ep-leohtf^ day-^eai \ sdp-mep-^eri, early in the morn-- 
ft^, Frorfi rifericc it may be judgM, whether/ in moderit 
SngtiftiV tb' write' Vr', bfe riot better Otthogrkphy, than* 
to write it thus , V^ , Wherein you add another letter ,' 
not in the original word. Somri. Sax. Di3. Benfon Sa* 

xon. Vocab. 

D X be 

3^ 0/ Abso'LVTJ^ and^ ; 

be € £iyner of a lOo Pound ia hand , than o^ 
40 Pound worth of Lond ycrcly, to the grete 
abating of his RcvcUjiz , and Depopulation of 
his Reahne. But the greteft harme, that com-^ 
mith of a Kyug's Povertie , is ♦ thit he fchal 
^ refui^ hy neceflfite be artid, to fynd * exquifyte, 
Laud, meanys of getting of floods , as to put D6- 
faute in fbm of his SiibgettSt that be Innocents^ 
^d upon the riche Man, mote than the pore/ 
becaujfe that he may bett^ pay; and Co fchewei 
Rigour ^ ther as Favor ought to be fchewyd , 
and fo fchewe Favor ther Rygour fchuld be 
fchewyd , to the Perverfion of Juftice , and 
Perturbance of the Peace and Quiet of thd 
Reahne. For , as the Philofopher fiiith in his 
Eticks 5 ImfoJJlbile eft indigentem apefari ^ 
na. I needith nott now to Ipecifye, of the 
harmys whych commyth to a Reahne by the 
Povertie of their Kyng, hou fb be it thay be 
many moo than we have fchewed yet ; for' 
every wife Man may fee them opynly inowgh,. 
but we muft hould it for undoubtyd, that ther 

• Fain, comes from, the Saxon AdjedHve,F3e5;en 5 A/* 
tarts, defirous, or glad ; the comparative D^ree is, fas* 
^enep, and from thence, by turning the g into y, comcj 
the word fayner, which fignifies mare glady more defironSf 
or had rather. Somn. Sax* Di£l^ ^ 

* Now it is, where ast 

Limited Monarchy. 

may no Realme profpere , or be * worfchipful 
and rioble, upder a poer Kyng- 

* From the Saxon, peop^-fcype-pul 5 nowyeop^, fig- 
taX&tslVorthi qx a worthy Perfon^ and that comes from the 
Saxon Verb, peop^ian, venerari^ to ejieem^ reverence^ ^d 
Vidue. Shipy comcs frwn the Saxori terminations, Fypj 
or r^yp^j fignifying the ConMtion , or Quality of a things 
or petfon ;" aSy jpegn-rcype, TTjoni dignitas vel mtmus y the 
'Sgntty^ or title rf a Nobleman ; from hence we have our 
Englifli terminatipp, foipy as in Steward/hip^ Aldermanfhip^ 
ITorJkip. So alfo pul, in.EngJift M^ is a Sayon term?- 
natioh, a^id figmfies the Completion , ox PerfeSion rf tha 
Quality Jpoken of^ as, manpul, full of Man, or Sin ; for 
Man I intheSaXon, and in the ancient Scandidn Gothick 
Mcin, figniftes Sin, or IVickednefsy a$ well as Man ; and 
therefoc^ the word manjcul, in S^xon, ftands fooietimesi 
for 2L Publican, ox Sinner, and manFulnyjT, iox^lPicked'^ 
nefs. Hence it may be, obferved that, as ISo&, among 
the Saxpns, fignify'd.Goo^, as well as God, fo the Saxon 
CPan, fignify'd Sin, as well as Man, Thef. Lingi 12, 
Wallis Grammatica Linguae Anglican®, f. 114. SoaiU^ 
^zx, Oia, Mareftal. Evangel, 


D r 


^S 0/ ABSOh^Jt^ ^Hf( 

Chap. VJ. 

• « . » 

OrJjnaunces for the Kjngf * Qifw 

denary e Chargys* 

yA ^ N p fethen it is neceflayye that the Kyng 
/A be ^way riche, wh^che inay not bf 
• "^ without he have Revenuz fiiffifiy^s 
for the yerely Mayntenaupce pf his Effeite ; hyt 
is •> behovefiil that we lirft cftemP . what |ii? 
yerely chaigs and expenfes be like to drawc 
unto. For after that, nedith his Revenuz be 
proporcyonyd, but yet they nfdyn to be grctr 
ter than would be the chargs, for doute of fo- 
deyn Cafys , which ^ mbwe fal to hym , and 
to hys Reahne. For Sayjcua Barmnk &th, 
that if a Mannys expencs be egal to his 
Lyvelood, a fbdeyn Chaunce may deftroy his 

• In modern Phrafe , this would be called, I fuppofe, 
the Civil Lift. 

^ Sometimes it's bebaveahle^ frdni the Saxon behophCji 
which comes from the Verb behop^, to needy or to havt, 
need if; from whence corner the Saxon behopa^ it^ 
behoveth ; Kilian. behoeven. In the old Pfalms you of- 
ten meet with behoofs which fignifies natural or moral 
need ; fo that behovefuly or behoofifuly fignifies what, fron^ 
ueceflTity or decency, ought to be faid or done. ' 

^ The Cune as mowt; ivl^ch fee before, inthewordixMy, 



chargs Qrdyoaryev, aad ia ch^s Extr^ois 
^yowy. His fh^gs Ordynary may not b« 
<^^iowy4 , and ch^^r it ti£^h that ther be 
Lyyel<^ afligQy4 % the p^ment theipf i 
which Jyyve|§pd bf iii no wyfe p»tp t^ no 

^thcr trfe. Av4 if it tiappyn that fcny Ppitfti^ 
b^ 9^f of foy p9|t9 ^ifreof to other i^, 
Xb«f;t)39fi tbf P^ieQt |o be vpyde, and of oo^ 
^ffe&i^i Which %ng. yf i«; be ^rm^ly efta- . 
^yifelud, the l^ypgs Ofdinafy cb«gys may al- 
W^y be paid iq hi;^. g^d the Ptovyfyon of 
fhiqp /n#y b^ ftlw»y ijjade in feafoa j whycb: 
{ehfk) Ije WPttJb ^^ tbp Kyng fhe fourth or fifth 
fm of cbp qwfUJjtif^ >sfJm cjcpeuJs for his Or^ 

4yfWyc ?h;^gs, T^ pi%y m nothyng re- 
ftrj^ype (b? Kyng^ Powfr, Fof it i? no PoWet: 
to 4 gj^ aJi^ , ^ piR awaye ; But it isi 
Ppw^'PO flM,y have, and i^epp to hyipiyf, 
§€) it; i| n^ Power to n»y fynfi, and to da 
yll, pr to nay be fyke, or weie old^ or daut^ 
a Mart may hwt bym&If. For all diec$ Pew* 
«f8 C9Riyn« 0f iB^tcneye. And therfor thay 
ip#y ^<)pejrly b^ isJlyd, nbn Powers, Whcp» 
^t tibe holy t SpitttcB and Angeb. that pw^'l^^'Sr' 

« 7a »ww aljen, ^« nuty l\3ve, J, e, /e> h ^k to aliep, aiid 
fo be able to rctain, frotti the Saxon Verb, majan, fop^ 

D 4 not 

4-0 • 0/^ Ab SOLUTE and 

net fyne, wex old, be lykc, or hurt themfelf; 
hare more power than'- we" that may n^me 
^urfelf, with al the Defawts. So is thelCyhgs 
f ower more , in that he may not putt ftom 
hym Pofleflions, Neceflafijs for his own Su- 
ftenance, t^aa if he m^ht put'them from hym, 
and aly^ne the (apie to hfe own hurt and 
harme. Nor is- this j^eyn the Kyrigs Prero- 
gatiffe, by whycjj he is exalt€;d above his Siib- 
getts : But rather this is to hym a Preroga- 
tif&. For no Man fave he, may have s^eyn 
the Lan^ that he hath ons alyenyd. This 
Lyrdood afligned for the Ordynarye chaigs 
fchal afterward be never iaskyd of the Kyng. 
Nor his Hyghnefe fchal thynk for that; that 
he hath the more Lyvelood' to be gevyn 
Away ; but by reafon therof he woll the more 
ifeftrayne his Gyftes of other of his Lyvelood, 
confyderyng that then it wol not be grete. 
And therfot.he fchal haVe' more need of it, 
than thay that wol aske it. The Ordynarye; 
€hafgs , which the Writer hdredf can, now re- 
member be theefs; the Kyngs Houfliold, his 
Garde Robe. And hou fo be it, that the 
, Kyng.hile now, ois will hereafter, make his 
Jiouflipld Ids than it was wont t6 be ; yet 
his Highnefs fchal then have therfore aboiite 
hw Perfbne, for his Honour and Sewcrtie, 


I^iMiTfcD Monarchy. 41 

tprds, ^Kn^hts, and Efquyers, and other al-^ 
ib , in as grcte nombre , or grcttet than hys 


• • • ' 

• This word, Knighu is a Saxqn wor4, an4 wrote with 
a C, thus, Cniht y and in its original and proper Signi- 
ication ftoefd for Setvus^ or Puer^ % Servant, But this 
uficatito of Eniht; is now almoft lofl,'aiid isretilind) 
ambng-tts in no' one Inftan'ce, fays Somner^ except in that 
of Knights of the Shire, which is ftill ufed in that Senfe 
to this Day, fignifying fuch Gentlemen whether KnighH 
i|i Degree, or not, who^ firve in Parliament for the feve^ 
|:al Co)inties in England. , And fuch Attendance is properr 
ly called a Service^ and was. always 'fo .eftcemicd in the 
£ye pf the Law ; and the proper Duty of their Office is 
to fervc the feveral Counties, whereof they sffe. Reprefen- 
tativcs , and therefore no ASion* at Common Law would 
Jie fbr a falfe Return of Members of ParlianienL So that 
Kmgbtj or Cnibt^ is now, in all other Inftances^ ufed for 
Eqnes Anratus^ or as vulgarly rerider'd, Miles ; but it was 
inever lifcd in that Senfe ainong the Englifh Saxons ; for 
• they ufed the word jpegen, Thegen, commonly called Tiain ; 
and a'Knight among the Saxons, was one of the leffer, or 
Ynore inferiour Thains, from the Saxon Verb, })enian5 to 
fetvi^ or to obey ; 'from whence comes the Prince oilFales^^ 
Motto, Ich JlrV», which fignifies, Iferve. 

So in the Saxon Gofpels throughout, you find leopmnj- 
icmht; (lands for a Difiiple*, whichword for word fignifies 
a UamingServant. Now cnapa, in Saxon fignifies alfo 4 
ServMtf-^'hyxt fiich a one as was the paoft inferiour, and ia 
Latin is rendered by Puerculus^ a little Boy^ or Lacquey^ 
From this word, cliapa, comes our Englifli ivord, Knave • 
and from thence c^me the vulgar Error, that the Tranfla- 
fors of the new Teftament had rendered, Rom. i . i. Paul 
a Knave ofjefus Cbrtft^ inftead of Servant of Jefus Chrijly 
to fhew his gpeat Humility in calling hhnfeif the mcfaneft 
Servant of Jefys. But this appears to be a Miftake, for no 
jMlifhTranflation of theHcw Teftament, as lean hear ofy 
^ "^ ^^t, 



4.(? (y^ Ab$olute fiw? 

' Hon^]d ^9s wonfie to t$e, to liy$ (Jw^ peiv 
l^y<mp)re^ as greit^ as bis Houihold wcl n#d 
W»s wont to ftond hym yn. Wherfor herein, 
it nedith not to coj^dr^ or tg purvey, but 
pnly ^t the Kynps Hous^ wl^fih hp jtpay ic? 
£nii$ ar chanoge iitto his pew maaer, or oehet 
lennae at his Plea&re, and as it ichall be 
{llQi^ht for thip iea&ns moft expe4ydit. Tk^ 
«xp(»fys of which Houihol^ may fone be eflft» 
m^d by th^, wbidi of qld time have byn 
Ofeears tberyp, aQ4 by ji^ ClerJiS Pf llw? JEj(^ 
cheker. Th« ftcuod Ordyaaiye dia^, is the 
pyment of tfte V^gs aqd ^Fe$§ pf ^9 Ky»g* 


^O: fcp4^e4 that Vcrfe, Pw/ <• Kfiav^ of J^Jks GN* ; 
i>ut tb^ coisimPT^ Pn'or apd Opiaipa is fiipfios'4 U> Imyt 
i>een ta^f a qp from an old Engliik Bible , in wMphi It 
Rom. |. I. there was written, Paul 4 fOumue ^jfj^ 
^hri/l, Thi$ Bible ) was in the late J^^ of %ai^4^ 
Mt^s Labrary ^ where many Perfpn^ cai^e to fee it ^ 
for the fake of this Paflage , bwt the wof d kiJ«we w^' 
written in leflfer ifetters , than the p|i|lte4 words , ^d 
witbiq a fqnare Border ^ where the Ra^ur^ if holding i^p 
$he J^qtf to the Uf^ht , might be di^-erpec}. This PiWg 
was really printed in the Year MDX^X-. W to 4i%uifi| 
the Forgery, they had ra^ed out the laft X^ f»d PWe i| 
^iWP^. te which Year there was no Pible at all prfet;* 
fd. Bat ift an ancient MS, Tranfl^iop of the Rey^ntJ-. 
f>ns, which is jn the liOrd Treafurer, the Earl of 0^^$ 
Jtiibrary, there i$ tp be fpu^id this Expre^oii, ta his Cnigif 

Jobit, Rev. I. I. Somn. Di£^. Seldw. 'I^ Rp^Vt 
^36. Mareftal. feyswgcl. Mat. J. i^ 

Limited MPN4R(?ifY. 43 

wgy Jp b» flKjply pwj. F>or If^ygCQcc jfi 
tjjem is nD|: oi^y pji>f of^hipfcU , Iwr y t n)(y 
4o fl^ fflpft Ifsm^r fH may 6i pf *iiy |ie4§ 
Mj sftjr Allatp pf liie Lop4. ^^ t^ ^¥P& 

V^e, is jic pfiyBient of flje |tepyng pf )% 

tyif tymps ys ^ ^y®r, t^t i^f ^o to Af ?e», 
f9fis th^ k3)f ^i^, whi^ %9'iF ffe? 'JV^^^* 

Itcpyng of Cf^, wjii^h pl^^ ^ wclj 


hence comes the bartarous Latin word feeSon, or feudum. 
So die Saxon jjeoh-leaf, fignifi^s /<*/*/>> or mmyUp^ 
Sonin. Did. Saxon Gram. 4. 

^d Seatl^. ■ tMt CP'R^* ffQ» t}|f §axon ipord n^cajjc, 
A %, i%it, 9r ^.?««j^; an^ frow hence ^qi^e? the b^, ^ 
^ - ■ -' • - - 

mtttHes ...^^,.. , ^ ^ , ,^ ^., ^»..,, .., ,^- fi-j T\ • 
^HandMn^ regnkin ejus, Wmarcas mwtie^das^ ifff. UV^ 

44 O/* Absolute 'i?^^ 

is, for the Kyngs ^ Werks, of whicb-tlie y«e- 
iy Expenfis may not certcynly ' be eftemyd , 
but yet th* Accompts of the Clerks : of the 
Werks, wil fcheWc the lykelynds thereof, 
while the Kyng makyth no new Werks. The 
kepyng of the S?e, I rekyn not amongs the 

, ,Ordynarye chargs, hou be it the charge thejre- 
bf is y erely bottle, becadc it is not eftcmable. 
And the Kyng hath therfor. the Subfydyc of 
Pond^e and Tonnage. Neverthelefle by that 
teafbn. Pondage and Tonnage may not be r e- 
kyn'd as parcel of the Revenuz , which the 
Kyng hath , for the Mayntenaunce of his E- 

' ftklfe, bycaufe itowght to be applyyd only to 
th(^ kepyng of the See. And thbugh we have 
not alway Warr iqpon the See ,. yet it Jfchall 
be alway neceflarye, diat the Kyng hath fome 

, IFlote upon the See, for the repreflyng of 

* This word , fFirisj comes from the Saxon, and, i$ 

•wholly difufed at this day in the Englifh Tongue. It fig^ 

m&QsStfroftg Places^ or Fortificaiom ; zndClerkoftheff^eris^ 

is Chri of the Forts and Garri£ons\ there being at that time^ 

cfpecially i^ France y a great many Gar^ifons and ftrong^ 

Places which weye maintained by the Crown of England. 

J^^ow in Saxon it is wrote thus, peopc, orpepc, aCaftle^ 

<?t Place made Jtron^mffFortificafions, Ijjl IJlaffJ/^^taixiz^ 
Somn. Did, 

^ Th^ Saxon word is plor^a, 'aNavy cfSbifs^ and ftpm 

the«Q? CQjgixcs ouf word -f??^^ Sp f lol?-m{«i in Saxon^ 

I • 

Limited Monarchy. 45^ 

^ Rovers* fiivyng of our Merchaunts, our. 
^Fifchars, and PwcUars upon our Cofts ; but 
that the Kytig kepe alway, ibme grete $uid 
mighty Veflels, for the brekyng of an Army, 
whan any fchall be made ageyn him upon 'the* 
See. For than , it fchal be to ' late to «* do 
make any fiich Veflels. And yet without 
them, all i;he Kyngs Navye fchall not fiifEce 
tobord with ° Caryks, and other. grete ♦ Schippis, jS£l^^^ 


fignifiei a SeanUm^ and J^lor fCipu fignifies light Tranfpon 
Ships, fuch as the Danes ufcd conunonly when they isivz^ 
^^Eftglaml, Somn.Did. . , ^ 

^ Rovers, i. e. Robbers, or Pirates, from the barbafOtii : 
Latin word , rasdiare^ robare, to rob. In Saxon peapepe^ 
a Robber ; and that comes from peaj^n, to rob, and 
that from peap, a Garment. In Dutch tootien^ in French : 
defrober, in. Italian, rnbare^ in Spanifh, robar. Somn Dift. 
' J This from the Saxon pr^epe, aFtjher, which comest' 
^ from the iSaton Verb pr^an^ tofiJb\ in Dutch tiif cljcn*- * 
So F*r^ is a Ftjh in Saxon. Now moft Saxon words 
. ending in r, in otir modern Englifli have their Termina- 
tions in^ ; as MfC In Saxon, is Dijh in Engliih ; fo r^o- . 
pel apii^ts Shtrvel , pae&ic, Radip y Ga^Xijc^ E^gltfij.. 
Saxon Gram. 4. Somn. Did. 

* This is a French Phrafe, and fignifies to go to make, or 
build any fuch Vejfels ; as II fait batir, he is going to build. [ 

• The barbajfous Latin word h Carrica, or Carica. Dh 
Frefn (ays , 'tis Navigii fpecies , Mavis oneraria ; by the . 
French called Carrache, Vaffeau de Charge, Walfingh. in 
Ric. II. p. 322. Obviat quippe magnis coggonibus, ^ fex Car- - 
ricis refertis vini Jpeciebus, pannis^aureis,&C4 And as thofe 
Carricks or Carracks were Ships of great Burthen , and, 
ufed in Trade , fo they ferved for Ships of War alfo, as' 

It appears 

4* ' Of Mibt\3tt dnd 

Aff yet tfo m#jr ^eKtf a- io^^ ^JotJ? pfe- 
ryd cT Piirf)6fif/ fmr; it^lSippHFtf is ^ f e- 

irir^^ ehar^ Whcrdfor ivi iJryll next, to hk 
Me tods." 

appears in Hiftbty* fFdlfirgLm in /T, V, /; ^94. ©4/6 

Tfffk^ f»# tegfiiMA^glu Mdefiiftit, ^(^fkf^ruffil iii H, tT. 
. That the Engli/h Fleets failing to tlie Relief of Calis^ that 
Was befieged by the French j in the way they were encoun- 
tttai by three CmrMih of GiUda^^ \f!ffch bore iip5n 6^t 
AdM^^ v^ith great Fury, and- battcr'd hfita^ va-ymuch, 
bnt in a little time the i^g-//^ to61r th^ three Cdrrikkr 
^oAiYf Iteidi , and Brought Aem into R^ MatboHr. \^e 
lae* ^th the feme Account in H.V. where, fpe&*' 
1% of tb^ Seige of Hmfeui^ Jn ir^^,- it irf (aid , that the^ 
^tp Fleet engaging thcFrench , the £«5f/j/& funt ^w 
Vefleb of one fort and another 5 and tobk tteee great. 
C^frricks of Gema. 

Carrick is an Italian word,, and comes from the balidft 
Catraccay f^ezie M NaviRo^ and that comes ftomCarricoy a 
'Burden y ox toady and from* tHeiice iscdlricarey to hadi 
Hence is the word C^wyo, in tlie old French C«r^w; the 
Originail df all which is the Latin word Carrnsy a Carr. 
So from Gahratcac6mts^tYie It alianCdrrozxay wHiCli fig-' 
nifies Carro rozzo , in Italian \ a red Carriage ; for it was' 
atf* ^cieht' Cuftbiii alhdng the Florentines when they went 
to^War, to h^veChamets painted' with rc!d, with a wh^te* 
Cfdll upon theni, aind^ thefe*^ c^e aftei-T^ards to be ufed 
Ify thd Men of Quality on all occafions^ add from thenc^ 
cfemes the French wdtd Car6fe\ a Chariot. Du Frefii'GlofT. 
Totrianb Did. Ital. Mfehage Gng. Larig: Ital. & Fraite. 

"^ Rekyn , and rekyned comer from tKd Saxon Verb ptfC*^ 
cfa»i mmftare\ tonumbefy of conntV SdHiri-DiS. 


LiMltib MdHA&CMY, ^-f 

Cha!>. VII. 

HE Kyngs Extraordynny chaigys af 
1q ca&el , . that; no Man ipay; knowe 
ihtm, in certeynte, bitt he may ^eme 
what lume thay be not like to excede, ♦tto if* »•«• 
t*«sf M jt Cafe ofct iimch exorbftairf i and^' 
dian it ichat be reaion and alio neceuarye^ t&a& 
*I tbe. Rrafeie bisaure fix that oife u 
th^. Stich of thtf fiid Extraordtoafjr chair} 
as die Writer herof can now remember* 
tfaees. Ficft, ^he K^ng fehal oft^nt^Mys &b4 
©Ut of this Lond, his » Ambalfadburs , as W^ 

• ' • 

AMMa$6i^^ htgdks ; itf the oM German #tiitoc^* TK€? 
ifetfcA^ IS" a**j^Ii>j4c^ rf M^Jfenger^ or C^^'^nr ^f 7/-* 
ifejp', frdhi ambjrlkr, which fignifies ./« i^f^Af^- '^^^ 
Saxonr iiftb^ht? , comcfs from the Gothick word ^ 
AH^AKCS> Mmjfer^ an<£ 6rom thence conies tKc 
Saxon ^mbyne and emByht^mon, a Servmt^ from the' 
Saxon Verb cmbyhtan ^ miniftrare ^ to ftrve. But this 
originally comes from the Roman word amba3us. Cafar 
de Beio GaUico^ ttb* 6. cap. ij. fays ^ Equitum^ ut ^Uffqut 
efigenere^ copiifque Mh^liffimuSy tta fharimos dreum fe amba" 
Sbs, ctteHtefque habet* Now am fignifies the falne as cir* 
tkm\ from whettce a' Servant T^as called ambaSus, i. e; 



48 . 0/ AhsolLijrE and ; 

to the Pope, as to dy vers Kyngs, Princes and 
Nations^ ;juk1 other while he fchal fend his 
^ Procurators and Meflengffl-Si t6 the Counfeils 
General!. Which Ambaflatours, Procurators, 
and Meflengars, fchal ncde to be honorably 
iaccompanyd , and wcl be feen , as 'wel for the 

- • • / ' . \ 


circnmaSlus. So the S^oii ^mb irf SmbyhtJ, fignifies 
^u$^ tOHquam J!t at dfi^^ circjftmy kbont. Sottm. Di^< 
Jun. Gothj Gloi&r. < ; 

> Prqcura^rs and Mejfej^ers^ \.t. Proxies oftd Commifa-' 
ties. So the Proxies of Lords of Parliament are called ia 
ibme Books of the Law, Procurators; which comes 
from the Latin wotd Procurator j figjiify ing in general, one 
that has a Charge committed to ^iig, Ijy^another. And as 
the Kings of England always fent a Conimiflary or Vice- 
roy, to the General Councils abroad ; fo at home, there 
lis no doubt, but tiif Kings of Ef^la»d have a Right to 
fend Cofnmiffioners to the Cpnvocation of the Clergy,^ 
i^hen they meet in England^ to fit with, and prefi'de in 
Ac Convocation, to fee that nothing be done in Preju* 
dice of the Crown and Kingdom. So King i/. VIII. in the 
Year ifsd, by his Vicar Ge^era^, not only prefided, toge- 
ther with the Archbiihop, over the Convocation ^ but ta\ 
king the fir ft Place in it, deliberated and voted as tl^ reft 
of the Clergy did. ' And heretofore, the Kings QfjE«g/(Mu< 
have fometimes in Perfon met, arid fat with, the Qergf, 
in their Synods and Cbnvocationis. ^ . v. ^ 

Procurator zlfo fignifies aVicary or Lotumtenem^ one who 
4Ss in i^other* s ftead. Sometimes we read 6( Procurator Reg- 
^/ ; as Ptfrus BleJl'enfis^Ep,^j. Nmquam tibi exhibuitfeDomi- 
mum^ fiveRegem^ fed qudji Procurator em Regni tui^ &c. fo,' 
Procurator Reifubliae^ is a publick Magifti^ate. Sometimes 
theBifhops have called themfehes Procur^tores Eiclefiarum 
fuarum. From Procurator^ coilies our Engliih word Fro<5for, 


Limited Monaughy. . 4.9 

hobDt of the Kyugi and th<i Realmc > as for 
tjie avamifyng of the Matters^ for which they 
jQi$dl be fent to the Kyngs gret? charge, which 
fchal, be more or lels, after; their loi^ or 
£:horte Abode, and * devoire in their Voyage. * De- 
Itemy The Kyngfchalbere yerely chargs un-^Jg^. 
Knowyn , in receyvyug of Legats and ^ Mel^ Laud, 
fiii^^ps fent from the Pope, and AifibaiTators 
f^nt from Kyj^gs and Princis, a^d alio froni 
jpete t Counceiis beyond the See , . which wit t Com^ 
J>ut the Kyng to grete expenfis, while thay be ^^^ " 
here ; and at their departyng, thay mud needs Laud, 
have grete Gifts wid Rewards , for that befit- 
tith the Kyngs Liberalite ; alfo it is necefla^ 
arye.for the :|: Honour of the Reahne. Items ^ifTorfiip 
Sythen it is not good, that he reward fuch as ^/ ^^» 
do, or fchal do to hym Sarvicei and other 
inaner of Picaliirs, with Pofleflions and Revenuz 

in a Civil LawCouIrt, in French Procureur^ which in a Com- 
mon Law Court lignifies an Attorney^ or S$Uciurt So Procu^ 
.rafores Cleri^ or PrvSors rf^he Clergy ^ are fuch as are cho- 
fen for the Cathedral, or other Collegiate Churches, and 
alfo for thef Clergy of every Diooefs, to fit in Convocation. 
Prof$trator rerum fifcalium , fighifies ■ the King^s Attorney. ' 
Spelm. Gloff. 4. Inftit. 323. Du Frefn Gloff. T'he learned 
Bijhop of Lincoln's Authority Of Chriftian Princes, 112. 
- 1 in L^j\Miffusy and fohietimes when lent from tem- 
poral Princes, fignifies an Ambaffador^ as well as Legatm ; 
but Mfjfus Papa differs from Legatui^ being always dele- 
♦gaiAi without the Injignia of a Legat,'and fomewhat in- 
ft^ior to, a Legat ^ as an Envoy or Refident is 10 an Am- 

baflaHor. Spelm. Glojf. 

, _ ... g. of 

50 Of Absolute Mi 

of his Crowtie> or with the PofTdBoBi of hii 
Enhcrytauficie $ for thay be much more necefS 
£uy e for the Stdten^uoce of bys gfete Afiaee \ 
byt ibhal therfor be neceflafye, tiMt the 
Kyng make fvich Rewarcb^ With Money oat 
of hy$ Cofi^s, aikl that fiuoe of them have 
fe largely therof, as thay may bye theml^<l 
Withal, if thay will. For by this meao » die 
Kyngs Eftate fchal aiway be kepee uiihletiie* 
fcfaid, and of fiune man his Highoefl ichal 
have more thank for Mone/than for Lc^sd 
And alio Money, is mod mete and convenient 
Reward, for hym that hath not long loryd 
This Charge woU alway be gret, and ^ ind[l& 
mabk gret, that in fcim yere, g grete LordB 
Lyvelood fehail itot iiiffice to beere it, at 
though be would fell grete parte of his Lor4- 
&hip. And truly, whan the Kyng rewardytb 
his Servaunts in this maner^ he fi:bewyt}i 
grete favor to al his Realmc. Itemj It &hal 
nede, that the Kyng have fiich Trealure, that 
;hc may make new.Byldyngs, whan he wil, 
for his Plefiire and Magnificence. And. as he 
may bye hym riche Apparel » riche Fufrcs, 
^ii)(mnU^ Other than be * wont to £d under^ and be! in 
^''^' thcyerclychargsofhiaWardrober, riche ^Sto- 


^ The Original of this word !s the Saxoa Jtsan, 4g 
*Stim9^ the pluna Nuibber of which tt f^^naf 9 from 

^ whi^oo 


LiMiTEiy Monarchy. 51 

nviy « Sffrpte, f B4W<j€ricks, and other Jew* 

ells and Orriflm^rc rnnvi-nvAni- (ni- Uic Ad-ot-A 


cii* ^q Omapijeots coijvcnyent tor his Altat^ 
JKoy^ ;, io oltyfttypis bis HighnelTe mull 

^TffbO^P cpnifs this vm q^ writing Stonys^ in modern Orr 
thography, *fo<?»w. 'Tis from this word Scan , that the 
"Town of Sfaitts ixiMtdMeJex receives ks Name, and )$ 
,«|I«fl i# ^^ypn, SPWa, ^d from thence Stanes. It b^ 
iti Naipe, Qamhifn fays,, from a large Stone formerly fet 
up there, to mark out the Extent of the City of Lo»*»^s 
JorKaiftiQn,: ia the. River Xbamcs. C«nh. Brjtf. 30J. 
5W«*. Pi^. Sax. 

• Ser^esyX.t.MantiUsjO^lJfferGarmems. Thisftfrbrii 
the T)!d French word, ^J/w^f/;/, or Smfjis^ aSurflke^'rO^f^ 

]ffr Ggrm^M^, of ni^y Vol4$, f^ the Li^en Garment worp 

bf tt^p Q^g^ ; M 543PPO ^mhp^o overflip. It conies 

from tlitL^nSfiperfeUiaurn, and not {torn Suppetliciutn^ as 

'fome have thought. IbtraMduyJiv. ^. ca. 1. Nam. ,10. iftir- 

jfffffHitshm^ ^0 ^^ mi^n^^^^ fnffr tunicfs feUicias^ ^ f4^ 

^ikui mfrtimmn aitm^l^W^fi^^ induebatjir : quod adhuc in 

qmbufim EqcUJus obfervatur. Such werfc the Furred Gar-- 

tmip^sfXiAKoies of St^tt worn by Kings, Jtidges, and othfr 

^^fl|}ilf|itf8p ; Jq this Jcin^ of Jiabit St. Qregory feems to 

^^ defcriW jn his Saxon/Ho jnily, . mi6 peUsenum ^yp- 

lunt)' in a Fwhred Garment. The Spaniards call it «&^^- 

ifMc. » Sa that &y^Ari hcr^ figmfies fuch ri<:h ^a^tles a^d 

Furr§, a^.the King ufed to wear with, or upon his Robes 

of State. For Surfelis i% compounded of faper and'^^/r 

linm^ or palla ; as mudi as td fay, fuhprntticimn \, wd in 

fome Countries in Fram^^ f^ii flgnifies a Me to this da^. 

Menag. iOrig. Franc. 

* Batjjdericks^ \. e. Br/jfj, from the old French wordB^^- 
\ ^/fr, |i Piece of dreffed Leather, Girdle, or Belt made qf 

fi^ Leather ; and tiliat comes from the Verb baudn^er^ 
* $0 drefi Leather^ curry^ or make Belu. Monfieur Menage 

fa|s, this comes from the bdiam Batdrtmgm^ and that from 
:. - E 2 the 


52 0/" Absolute and 

and will bye riche Hangyi^s, and other Ap* 
pards, for his Houfys, Wcflels, Wcftmcrlts^ 
I and other Ornaments for, his Chapel ; bye al^ 

fo Hories, and Traps of grete Price , and do 
other inch noble and grete Cods , a^ befyttith 
h\s Royal Mageftie , of which it is not now 
(>o(ribIe to the Writer herof , for to remember 
the Efpccialities. For If a Kyng did not fo, 
nor might do , he lyvyd not like his Eftate, 
but rather in myierye, and more in fiibjedion 
than dothc a private Perfon. Item^ The Kyng 
(chal oftyntymys fend his CommyfConers in 
gret Myght, and alfo his Jugs to reprefTe and 
pionyfche Riotour* and Rylars ; for whiche 
caufe , he fchal other whilys ryde in his owi^ 
Pcrfone, mightylye accompanyd ; which tbyng 
wol not be done without gret Cofts. For no 
4n4n is bowndyn to fcrve hym in fuch Cafys, 
at his own Di^enfys. Item, If ther come a 
fodein Armye upon this Lond, by See or by 
Land; the Kyng muft encountre them , widi 

the Latin Balteus, from whence the Babick Sea has its 
Name, becaufe it goes round as a Belt. This word Bam- 
drier, among the French fometimes fignified a Girdle, in 
lyhich People ufed to put their Money : So \%RabLus iiu 
, 37. Adonques Seigny Joan avoit leur Mfeard entendu, co9f- 

numda an faquin qu^il lui tiraft de fom iaudrier qmelqtte piece 
. d^ Argent. Now Balteus among the Romans fignified the 
fame as the Saxon belte, in EngUfr, Belt. Menag. Or%. 
Frsmc. Somn. Di£t. Sax. Nicot J)iQi. 




'Limited Monarchy. 53 

a like Armye, or a gretter, for the cxpenfis 
wherof, he fchal not fo fodenly have Ayde of 
bis People. Whcrfor he muft then do thes ex- 
peoles with Money out of his Coffets. or put 
bis Land in Jeopardye. Loo now we have rc- 
mcmbr^d grete Parte of the Kyngs Extraordyna- < 
rye Charges. And before is fchewyd, grete 
parte of his Ordynary chaigs.. Wherfor npw 
it is time that it be fchewyd , hou the Kyng 
may-have Revenuz and Lyvelood , fi^cyem . 
to her? tbces two Chains, •' 

E3 Chap. 

?4 • ^f ABSOLvf B <*»rf 

Chap. VIH. 

'^ the Kyngs Lfoelood fufjce nott^ 
his Subgettys aught to mak^ jit 

• - ■ ... -. 

* . • » 

HYT is fchewyd before, hem nece(tarye 
it is, that Lyvelood fiiificient be afligft- 
yd for the Kyngs Ordenafye chargs , 
and that the feme Lyvelood be only applyyd 
therto, and not alicnyd in tyme coming. For 
that Aflignment inay in no wife hurt the Kyng, 
confederyng that tf aiay parte of the Revenu? 
therof, remayndovet the paytfient of the fame 
Ordynarye char^v that lb rjftmaynyng, is the 
Kyngs own Money , ^ which he miy than em- 
ploy to other Ulys, at his Pleaihre. And it 
is undoubtid that the Kyng hath Lyvelood 
fufiicyent which may be fb afligned , for his 
Ordynarye chargys. Wherfore now, we have 
nothing els to be ferchid , but what Lyvelood 
the . Kyng hath for the payment of his char* 
gys Extraordynarye, over fo much Lyvelood, 
as fchal be affigned for his chaigis Ordynarye ; 

and if he ichal tiot have Lyvelood fofficient 



Limited Monarchy, 55 

therto, hou than na^y his Lyvelcod be tugide 
ihflScyeht. For his Realiiie is »bovindyn by 
Ri^t to firileyn hym, in cyery thyng ncccC- 
Qityc CO his Aftate. For as SekyntTb9maffa.ytK 
ftex datur ^rofttt Regnum^ f$ non Regnum - 
fritter Rtgem. Wherfor al that he dothc , 
9with to be lefecryd to his Kyngdbme, Fov 
diot^ his Aftatc be the h^dR: Aitate Tern* 
|>otai in the Ertbe, yet it ys an Office, in the 
VTliiche \st n[ynyftrit!i in his Reaioie, Delence 
and Jdflice. And therfor he poay lay of * hym- ♦ bymfhlf^y 
lelf, 4S the Pope fayth of hym&lf and of the J^^^* 
Chtm^h , in that he wrytjrth , Strvus Serva- l<au4. 
turn 2)«. By whicbe reaftm , r^;ht as every 
Seryaaot owyth to hc?e ius SufiimaiKiQe «f 
hym rfKTt he iervytJi, fo owght the Pope to 
l» fiifteynid by the Chirdte* aad the Kyi^ by 
Jus Rfiakne.' Nemo deket fnjj^iis exfeufis 
militare. Ajnd oj^r Lord laith, *Dignus ^ O^ 
^erarius cib«\pM. , Wherfbr iiche» every RealoM 
IS boitiidyii to fuHeyti his Ky%^, yec muicb 
jaoie be We botmdyn thereto, upon whom onf 
Kyj\§ reynith liy Jo fevourable "» l^wys, 

« iMMi^i fi^MB the 6«M bivften, AuW, 

$nd comes ftom the Saxon 1*S» «:-^S»» «*** ^y t**^ 
\!^ the g into w, as is ufoal, makes o«t( EngUth wordi 

A«w ; Ui <tw Ftw<dx U U io'* ^ ** P^'W*^ Nuraber of 

E4 • *« 

5^ 0/ A^soLvrt and 

as is before declarid , Sf r, / 

the Saxon it is la^f, and from thence you ,hayc Lawm 
or Lawys, which you find freqiiently in old Authors. We 
often meet with Laga in the barbarous Latin, as in iH^- 
9Hi Ckarti Libertia.AngL ah H. I. cmceff. L^am rep$Ei% 
wardi vohis r^ddo-^ cnm tUis em^nda^mibus quihus fater meus 
turn emendavtt. ' Frbm thence come the word Seaxen-Lii"- 
pLj Merceff^LiZgz^ Dage^hzgeL^ Ue. the Laws of tixSoMonfy 
the Laws of the Merdans^ and Laws of the Dams. 

From the word Laga, and the Saioh word AK«r, is form- 
dd thvs old Law word L^^^^iii^iirW/ which fignified, fays^ 
Spelman, prohfu ^ kgalis homo ; and for that, quotes a Law 
. in Edward the Confeflbr's Time, cap. 38. Pojtea tHqmfiJfn 
juftitia per Lagamannos, ^ per meliores hotniltes ,de Burgo^ 
But Smmer and Lanibardx!M^, and with gres^t Reafon, that 
Lagamannt fignified the Thains, called afterwards the Ba^ 
tons, who lat as Judges, and had a Power of determining 
Rights in Courts of Juftice, And therefore we find the 
lab-men, which , among the Saxons , were the fame h 
the Laga^nanni, hearing and determining Civil JUghts, lu^ 
Judges. I9 Senatus-Confult. de Montseolis JVallia, ^^-3*, 

'tis faid, xii. kh-men j-cylon pihr raecean f ealaii 'j 
gnjlan, vi.englirce, -jvi. fylifC} which Lambard 
rwiders thu?: L^^ 12, Men of Law, 6Engliih, and 6Welih, 
do Right and Juftice both to the Englifh and Welfh. Now 
La99ib,ardj I think, renders this word lah-men truly, be- 
caufe the Phrafp pi^ht traccean, fignifies, Jus dtcere^ U 
Offence Law, and no^ to decide Faft only, which is the 
proper Ofiice of a Jiiry-ixian , or legalis homo. And in-: 
deed, the Saxon lah-man, does more properly fignify a 
Lawyer, one skill'd in the Law, than homo legalis ; tho* 
the true Saxon word for z Lawyer, is kja-pep, quafi vir 
legis, aMan^ofLaw. So Chameerh^k, the Mam of Lowes 
Itdk. In Scotch , it is Lawyer, SpcUn. Gloff. So^lri^ 
Pi^, X^aipt>t Ai^c)iaio|]ionvt 

C H A P^ 

■ • »■ 

JLiMiTED Monarchy* 57 
I'.. Chap. IX* 

Hereafter he fchetpyd the Ter tiles 
. that may come to the Kyngy by 
orver myghty Subgetts, 

• » • • . - 

BU T fithen the i&id Ex'traordynaryc 
chargs be fo unGertcyn -, that they be 
pot dlemable, it is not well pofliblc 
ito put in certeynte,^ what Lyvelood woll 

yerely liifBcQ to * bere them. Whcrfor w^j 


^ • Bercy ts a Saxon word, and comes from the Verb bepari; 
to bear ^ or carry ; from thence comes bepefl&e^ fruitfid^ 
bearings or bringing forth ^ The word bepe ih Saxon fig- 
hifies alfo barley; by fome called beere^ or berey froni 
^whence comes oepn, a Barn ^ quafi Bere^emy 'a Place 
for Barley^ Apd fpmetimes it (lands for the fame as 
Bere-corneyyihich in Saxon, fignifies B^ir/ey Hnhusk*dy fod- 
tfen in 'Water, in Larin Ptifana. And bepe-plop in 
Saxon* fignifies a Barn-floor. So bepe-hlap is a Barleyl 
loafy. or Barley-bread. Hence we have the Saxon word 
bepe-tup, which fignified a Corn-farm^ or Grange ; Vuii 
In Saxon fignifyiiig a Houfe, or' EhjeSinj^-place inclofed^ 
und is a verbal Noun from the Saxon xynan, to inclofo^ 
QX fence ; and from hence , manifeftly comes the word 
B»t4my ufed fo often in the County of Devott^ and com-, 
inonly to be found in* the Leafes and Conveyances, of 
Jjand in that Country, fignifying a Farm^ or Demean Lands ; 
land is always colitradiftinguifti'd to a Matmor. Sohn^ 

*» nwte 

58 (y /A'BSOLUTE and 

^ nede in this a& to ufe Conjedure and tnuh 
ginacion, as ta tliink that ther is no two 
fj(a4s,L^y^soOdiSi£ifgionJ, firfSdent to bere 
y die K^ngp JSxtraOrdynary^ chaicg^ Than ne- 
' ^th i / Qjijt the KjTngs Lyvdood above fuch 
Xtvvmzt 98 ifihal^ affigntd Sot his Ordyna- 
lye chaigs, be greaer ^ban the Lyvelood of 
two die g^etxeft Lords in Enghnd. And pcr- 
«venn]re» whan Lyvdood , SaSoKfeBt i>t the 
Kpip Ordeoarye chaigs^ is l^yted and^ al^ 
figned tfaerto , yt j^hal appere . diat . dyrets 
I.ords in England have as nmch Lyvdood of 
thdr own, as than fdbal tema.yne in die Kyngi 
bands , for his Bxtraordynarye chaigs ; which 
were iiiGOQ,vtn<ent, and w6dd be to the Kyng 
fy^t dredefoil For thafi foch a Lord may 
^y^pend more than the Kyi^, coni^detyxi^ 
thtt. he is dia^d with no £idi chaigs Extea^ 
Wdynarye, or Ordynarye, as is the Kyngj 
except an Houihold, which is but lidi in com- 
paryfon to the Kyngs Houfe. Wheiftr if it 
be dins, yt fthal be ncccfl^e, that ther be 
- parveyyd for the Kyng, moche gretfierXyye^ 
jood tbiw ine M% ^et, f or « Atoiyi <?otlB« 

^ The Saxon h neab^ neo^ or n^ wrn^ ^f^J^ 
. ^ Jlffam^s% this is after the mantier of the Sataitti and 
^ PttX % th^ GenitiYQ Cafe of tfec S^xpft wQrd <»>H^ 



bye diyngs^ a&d co bb ekakyd And therfbr 
< indfofudi 

Mannesy or Maitnys Son^ now Wrote lAf^V «So;r. I^ron| 

Mente ft may bd bblMir^d, thtit tbfne, not beiftg ircqtlalil* '^ 
ted /v^tth the Afotteif ^ the E^t^ Toogus, hftv^ ttmghti 
that the rdafon of the ^nodern way •f'wrUiog thefe Words^ 
^^V Cowrage^ or il^^wrV &», with, a Mark of Abbrevia?* ,_ 
tfoh, t^a^ betanit ih« #drtl iWr, it ilWiy !h ftch tift t« 
br ttdderftood; ^ tkm Us Ctttr^^ JUm iiiSH$. Bu$ 
hereby it appears t^i be a plain Miftake ; and that the roi-i 
ion of fuch Notation was ohiy lb ftew, tha| % Lettet (>t 
tWo wis left Mt df the Wdtd, aftd flot Ihit A whole Wor4 
was to be put ill, the Saxdn being in this cafe jafi as the 
Latin is, Liber Jobanws\ lofcann^rbof^ hi Saxon; Jo1m\ 
Booij in Engliffi. 

*rhis wor4 ^Dwij has dif ers Significariofi*. It fefttfe* 
i/tinj^ ilgnilies a Kag^ from the h^x\AMamius \ and there-^ 

fpre we find ^tl-J^^eof , in the Laws of King A$riJ^ 
Signifying Manni r^tftor^ a Horte-flesler^ Soinetifne^ ^kti^ 
among lAe Saxons, was ufed Imp^fonally, as a^cietitlf 
Ae French ufed i«?>^, or le homy Ibmetilftes fidw, and 
• feom thencfe corteS the moderh t^on^ a^ at thiS day, fM 
difytityjay\ ib to Dutch, ttiatt fe?l5, 4i«k, fb^ftft^ 
flS)an alib In this Language fignifiefe Btat, or i^%fl^. 
j«/}; a$, ya heoponlican Ipuii^i f ttfiiti ^jj^ttMifi- 

^)l y^n nol6on j that is, the Stats couid mt effdmrtt^, 
fee fuch t^tkednefi^ dnJl Mmrther. By thiS M^t fee thfc Sa^f 
sons had the Term Murder i fo.they had the Wold Mm^ 
. pui^hter alfo, In Sax6n cilled COati-ylyhtt j imd ^n- 
jla^a was ah thmuide^^ or Mmiflof^. Soinii. piA, LU 
Aluredi Reg. cap. 9. Cafaubon 4e Linguis Sfl. 

* This t is plainly a Cotttiption of the Saxon th^ trrbte 
thus, j^ > the upper Part of whfch , being crOlSM with % 

traafverle Line thus % ftood for that. Mow to tran-j 







/ \ ,4.- V" 

«o Of ABSGLbTE and ' 

inforfith hymfetf to be alway grcttv and grifet-^' 
^rer. For which the Philoibpher £utb. Omnia 
amamusfidTrincifaremajus. Wherfbr it hath 
comyn that.oftea tymes, whan a Subgett 
hadi had as grete Lyvelood as his Prince , be' 
tr Laud, hath anpne aipyryd to f the Aftace of bis 
Prince, which by iuch a Man may ^ fbne be 
♦ i?rtwy. gotten. For the * « Remenauntc of the Sub- 
XMgb.' getts of fiich a Prince, ieyipg that if to migh- 
ty a Subgctte myght obtayne tVaftate of theii* 
Prince, thay Ichuld than be undqr a Prince dp* 
Me (o migltfy as was their old Prince ; whkhi 
encreale many Subgetts ddyren, for theur own 

y t 

{bribing of oI4 Authors, the J> was fomctimes ufed to be 
inade open at the top, and fo came to be miftakea for a. 
y ; and froni thence it was, that zy^ with ah ^ and /, fct 
above it, ftopd fpr the aad tbaf^ and fo continues to this 
^ay. The Saxons Tiad two forts pf CharaSers which 
jftood for /A, but different in Sound, J>, and^. This ^j> 
or dby, has the inore foit Accenjt, and anfwers to the 
<3rcek </^, as in the words, tbh^ that^ thine ; but the j> 
or the C with the h, added thus ^ has a much harder. 
Sound, apd anfwers to the Greek *, as in the words thin, 
fhlmkj thrive ; but thefe Charaders being now difufed, the 
Piftinaipp of thpfe Sounds is n^de very difficult to Fp7 
ijreigners. Somn. DiS^ 

^ Sone^ comes from the Saxon word fona, foan ; ia 
Putch, faett ; in Teutonick, fan ; r^na seprep, foan ^er^ 

\Rxmenannte ; from the old French word Remematt'; 
ftom thence came'the French Renument^ and from thencf} 
9urEn§lifliwpr4^^»<w^, Cptg, Pift. 

. DiichargQ 

Limited Monarchy. 6i 

Difcharge of that they bcryii to the Safte- s 
nauiice of their, old Prince; and therfot would 
r^ht gladly helpyn (iicb a Subgett in his Re^ 
bellion. And alio fiich an Enterpriic ys the 
more fdable , whan liich a RebeU hath more 
Richefle than his Soveryng Lord. For the 
people woU goo with hym, that^beft may fu^ 
lleyne and rew^d them. This manner of do- 
yng hath byn lb ofte pradyfyd, * almoft int^* 
every Realme, that their Cronycles ben fiill of Laud, 
ytt. In the Realms of Fraunce was never 
chaunge of their Kyi^, fy then it was firft in- 
habityd by Frencbe Men, but by the Rebel- 
lions of" fiich mighty Subgetts ; as Hildericm 
Kyng oi Fraunce y defcendid of Clodone^ which 
was firft ^ Criften Kyng of Fraunce^ was put 
downe by ^yfyne Son of Carolus Marcettus^ 
which was the moft mi^ty Subgett, that un^ 
to thes dayys vt^as ever feen in the Realme of 
Fraunce. And afterwards Charles^ defi:endyd 
of Carolus Magnus ^ Sonne to the laid Tefyne 
by nine or ten Generations, was put from die 

^ Criften in Saxon is written thus, HpyfCene, Cbri- 
/tiam\ fo Epyrrene-polc, or, cpyfCene-men, figni^, 

Chrifliam Peopk; Epyrcene-naman, a Chriftiam Name. 
From thence comes the Superlative Hpirrenerr, Chi- 
fiianiffimtis ^ moft Cbriftian. So Epirt^en-bome fignifies 
Cin'\fti4mty^ oi: Cbriftendome. .Somn. Sax. Di6t. 


(d 0/ AB%Qtvrt and 

' JErfc, isa^tucgilword) and was aTItle of Nobility a- 
inong the 6«cobs ; and in that Language Uls wrote €opl, 

1^ feeins tP think (his is a yanilh word^ ^d came from 
the old Dames ; the Ground of which Conjefture, I iupr 
fotky was, that the oid "Danes kli th0 word 3iM*t whi^ 
H0iQi94hemfigaifiad4J94n9». S(it Copl, i^^wordp 

fmcloit as aay ia the Sa:(on Ton|;u.^) and tp be found k 
the Laws of bur flrill Saxon Kings. It was a great Title 
tmong the 9aion Peers, ind ^ ttif m^ Wci^pi of ^1117 

of the Titles of the pr^Ot EftgUlh Nobility, there beipj; 
HO other Title of Honour . now among the Englifh , 
which was «tfe4 among the oaxoos, ecoept that pfEari 

From tbcpce €pnl-*om^, or Ji^Utm, Sj^'i e /"rs- 

Wii^r, OtCowny ; us ^llb it (ignified the Qfl^ce, Dutj^ 
and Jurifdiaion of the Earl 

The Titles of Honc^ir i& th^ y^mvf^i of th<i Sa(«fi 
"Times, were tlwfc pf /^t^UliJ, eal?>opi»an^ andThfr- 

^en i J£*tb(Ung^ EAldormfiH^ and T%egen^ or Ti^f . ifr 
iMimg flgni^M iw^/^, pmoex ; rendered in Latb Hiftorf- 
«as, by Clito^ firbm the Greek aAvvfV, mfyff^fy m4 wi|S 
0«lerally ;q?plied to the ?xm^ the Kii^g's Soa^. pr ^t 

fprepipft in the iioyal Line. Mtbeling comes from the 
Saxon word j^J^l, which (ignifies nokiUs^ or mbk. The 

words Eald$rma9 and tkfgw^ Apod for pfhf r th^ {^fohtU- 

ty and Peers of the Kingdom ; bat afterwards ^hegen^ or 
7240ir^, came to be diftinguiihM by the fbam majoresj and 
the Tiani tninares ; the fbrmer were equivalent to otn: 
Peersy and the latter to oilr BsfonetSy Knights^ Sec. No4r 
•In the latter A ges of the Saxoiis , this word KsUormm 
grew out of ufe; mi, when it did (b, the wordCofll 
«aaie into its Place, which was applied wtf^tAf fim^ 
Perfons u EsUhrmam was. it is certain, |het^I>i WfS 
v£bd Ul K. Atbeljlam^i time, aod Selden thinks that feme- 



Limited Monarchv: ^5 

wis die m^iefl: ^gb^ dt'^Fvmme ^ and ^ 
tiiei^ creatyd and callid 2>iMr ^4M-i^iiri Anid 

■ ' • *" • - ■ w 

dmes JEW flood for the fame as JEtbelin^y becaufc la th? 
Laws trf* K. Mtbelftufte^ Eorl is r^qkcd with ah AfchU- 
ftop. And in the Laws o^ ]K. Cantaus^ Mtbehn^ Is joia- 
cd with an Archbifliop, and Ealdorman with a Biihpp. 
Kow for thofe t^ldonncn which were ranked with K- 
ftops in the Saxon L^ws, and in the old Lati^ Tranfl^ 
.tions called Aldennanni j they were fuch as bad CQuntie^i 
or other Territories under their Government, and had thp 
fime Power and Jurifdiftipn as the Eorl bad afterwards* 

The word Ealdorman figmfies literally no morfj tbw JS^ 
der^ or Seffof or; but it fignified among the Saxons, aDnkf^ 
an Early a Nobhmany a Petty-Fice-Roy ^ a Con/n/} XUif 

Ibmetimes it flood iiair. a Prince ^ and fpflpietimes is ifen- 
der'd by Regtdus and Subregului j and they were ib call^ 
not bec^ufe of their Age, for fome were young Perfcw ; 
'bat becaufe they weipe, alils natu gr^duve tnajores^ and; npt 
^ Roger Hoveden fays, frofier f^ienfum J inEnglifljiftir* 
-mam^ In Dutch 4>atirtttKin* 

. I find this word Ealdorman fbmetimes to flgnify a Ge^ 
neraly and to be cxpreft'd by the Saxon word l?epe*t<)gi^ > 
i. e, Dnxy or General of an Army ; from J?Cp6^ E^erchu/j 
an Armyy and To^a, Dujf , Du^or ; and to word Sot 
ivord, is a Leader of an Army. And fo .is the Expreffiop 
In a Saxon Charter to the Church of fVorceft^r ; Alfhere is 
called, by flJ/i/iiW Archbiftiop o( Canterbury y (XhpcnsL 
J)epe-t?05aj Ealdorman gf Mer eland. So Hengift anii 
Ubrfam the Saxon Annals , are called JJejie-rojan, (^* 
neralsy or Leaders of Armies, This Title of Her^uga W%B 

V given to the EaJdffrmen^ in relation to jtheir military Pow- 
er , as they were Duces m the moft ancient and proper 
lenfe ; and the Title of Ealdorman denoted their Civil 
Dignity, in fiich fenfe as Senator^ Seigneur^ or Senm Nls \ 
done through many Ages. 
And therefore the word Alderman came afterwards to 


^4 O/'ABsdLUTE and 

in our days ^ we have fcen a Suhgctt of the 
. Frenche Kyng in iuch Myght, that he hath, 

benfcd {or a Judge. Mthelftantts Dux Efiaugli^e, Alder-* 
^ :Qiannus dichur ; which, fays Spelm^^ among the Saxcms^ 
figmficd Jufiiciarius. Ailwin the fourth Son of the fame 
Mtheiftaue^ was call'd, under the Reign oiKing.Edgar^ * 
Aldenhannus totius Anglia^ i. e* JuJUciarius, tarsus AHgUa. 
And unlefi .this be the fame great Officer, that in the latter ' 
Ages was called Chief Juftice p/England, Spelnum confelfes 
"he is at a Lofs ; aiid I believe every body elfe too. For 'tis 
plain, thefe Aldermem were well read and verftd in the Laws 
ofEugland^ and were Judges ; and therefore there is no ' 
reafon to doubt, but this Aldermaunus Anglia^ executed the 
fame Office the Chief Juftice of Euglaud does now , tho* 
perhaps his Power might be fomewhat greater, in fome 

But this Name Eorle was once of fo great Dignity, that 
in an original Charter from ITsSiam the Conqueror to 
the Abbot of St. Edwondsbury ^ the Conqueror is ftiled. 
King of England, and 6opl opej^ Nopman6ie, rendered 
in Latin, Primceps Normannorum ; and in the lame Gharr 
ter, Od» Comes Cautia^ is renderM €opl opep Cenc, in 
which fenfe Eorle was ever ufed afterwards. 

And to thefe Earls were committed the Cuftody of 
Counties in the Saxon times, as at this Day to Hsg6 She-^ 
riffs; by which Name I find them called in K.Athelftaue*s 
Saxon Laws, where we find heh-jepepap, or Higi-ge-^ 
reves^ i. e. Higb-Sheriffsj fuch as had the Charge and Care 
of Counties. So that it feems the Sheriffs in thofe days, 
were not always Deputies of the Earls^ as my Lord Coie 
fays, and infers from the Latin word Ficecomes^ but indeed 
it's plain they were then the Earls themfelves. 

Now as Eorl^ among the Saxons, fignified one of the 

higheft Rank , fo Eeopl fignified one of the loweft , a 

Ruftick^ or Cloivn^ from whence comes our Englifh word 

Churl. LL. Edgar. Pol. j'. LL. Canut. Pol.. 17. LL. 

. JEthelft. Lamb. p. SS* 


Limited Monarchy. 6$ 

yn Battel to the fame Kyng, and put him 
'light, and afterward beiegid hym in Tari/e 
is gretteft |^Cytc, and fb kepte hym thcr, 


: * CyU'j this IS ^ Frerirfi word, aiid in ill Probability has 
crept into our Tongue fiace the Conqueft ; for before, in 
the time of the Saxons, there was no Town whatfoever, 
the? never fo great or populous, that was callM by this 
Name; but all Cities and great Towns were called by 
the Name of Bupj, or BypiJ, i.e. Burg ^ or Borough ^ 
and even the great City of London was called by the Name 
of Bup5, or Borough. Nay in Charters long fince the 
Gonqueft,^ the word City is ufed promifcuoully with 
Burgh ; as you may fee in Dr. Brady"* s Treatife of Burgs. 
In the Charter of the Town of Lekeftet^^ you will find 
Luicefter is called Civhar^ 'and Burgm too ; which (hews 
that my Lord Cokeys Obfervation, that every City is, or' 
was, aBilhop's See, is not very exaS ; for Leicefler which 
is called there a City, never t^ a Biihop ; nor had Glou- 
cefter at that time any Bifhop, tho' it is called a City iu 

In the firft Charter granted to the City of London^ by 
William the Conqueror, which is in the Saxon Tongue, 
jUid was obtained by WiUiam. Bifliop of London^ there is 
no word that fignifies City^ but the Inhabitants of that Ci- 
ty, arp there called Buph-papu, i. e. Burghers^ ^^^g^JT^U 
or word for word , Inhabitants of the Borough ; and the 
Lord Mayor is there called Popc-pepa, i.e. Port-Reeve: 
In the Saxon Chronicle, in the Saxop Laws, and through- 
out venerable Bede , wherever we meet with the City of 
London^ we find it called LunOen-bup^b, and Lun6en- 
byP^S^ ^' ^- London-hrough , or London-town ; but no 
where called the City of London. So, Romana Buph , 
fignificd the City of Rome ; Canrpapa Bypij, the City of 
Canterbury^ which was anciently called, picef l3eapo5 

^ F Buph, 


^S 'Of ABisOLUtTK awk X 

tmtfd the time. his feid Kyn^ hsut made.inifc 
&id^ with hhn, his Adhwcnts araJ;Fau»iiii* 
. as he defiited. War Jiaw dfo ftea in oo!: 
Realme, fum of the Kyngs Subgetts gevyn 
hym Batell , by occafyoun , that their Lyvc- 
lood and Officesr were thr g?retteft of rife 
Lond ; and eVthcy woidd, nor coriM have 
dbne fo. The Erlys of Lyceftre , and of 
Gkucefire^ which' than w« the gretteft Lcttds 
6S England, rofe ^eyn theyr Kyn^Hifffy 

I . ■ - 

Buph , the Capital^ er Htad City of the Kif^doWf So the 
Bifliop of the City, in Stxon^ ircxprcfi'd by Bupj-bi- 

' fceop, Bipop if the Borof^. 

. It is true we find , is the modern Sason , die 

' l?Vord Eear^ep^ Ceafier^ which is rendered C/ifjf ; from- 
whence the Terminatictos of the Names of fo mmj 
Towns in England, in cafler ^d ehefler, hare their Ori* 
ginal ; a<^ Wintan-iti^er-, Wincbefter ; Exon^-ceafter^ Exe^ 
ter ; Dorfet-ceajler, Dorchefter* But Somner, Ferjflegan, and 
all others who w^Il uiderftdod die Salon Langui^4f^ are 
of Opijlion, and with good reafon, that this was no ori* 

- ^nal Saxon word, but borrowed from the Latin word Ca^ 
ftrum, fignifying a Cafile^ oxRtrtrefs^ the Places whofc 
Names have fuch Terminations , having had Caftks 9r 
Forirejes built by the Romam, before our Saxon Anceftors 
came into Britasn ; and the proper Saxon tvord for a For- 
trefs, or ftrong Place, is Buph, Bupjh, or Bypig, 
niw changed into BoroWy Bury, Bery, and fuch like, 
firom beopgiaH) munire, to defend. It feems moft pro* 
bable that the Diftindion between a City and Borough, 
arofe fird from a Borough's being made a County of it ielf^ 
fiy Charter, as moft Cities are. Som. Sax. DiS. Dr. Bra^ 
^ly ofBurgSy 1 6. HomHy St, Cr^oryj^ E^hb. 34. 


Limited Monarchy. ^t 

tjie Thirde, and tbke Hym a^d his Son PfK 
ibaeirs ia the Pdd- Whic^ha matitt 4^ J^t-^ 
tn^^Oyng, the Kyng Smts thac.laftilyydf 
diedyag to be [^adyfyd in his Lond, pi^touc 
«£ the&qid Lend, th^ ^t\t%^D6wglas y, whoie 
Lyvetpo^ and Myght was netel^d equiTa^; 
lent to his owne , movyd therto by ' ho» 
other Caufe , fave only drede of his Rebel- 
lion. The Crony cles of every Realme ♦ and 
in elpecyail of Sfayne and T)enmarke^ be full 
of filch Enlamples. And fb be alio the Boks . 
of Kyngs in Holy Scripture ; wherfore y t ne* 
dyth not to write more herein. And alfb it 
may not be efchewyd, but that the grcte 
Lords of the Lood) by reaCbn alfb of new 
Difcen^ ^yog iUSO them^ by ripafbn alfb of 
Maryagi^ ; Pqrchafys , aod other Tytles, fchal 
often tymes ^ow« to b^ gretter |:han thay be 
now, and peravcBiare ^jm of them, to be 
of Ly velood and Power like a Kyng ; which 
fchal be right good for the Land, while thay 
alpyre to non hyer Aflate. For fiich was 
the Cafe of a great Duke , that warryd with 
the Kyng of Sfayne , one of the myghtydl 
Kyngs in Cryflendoine, in his own Realme ; 
but this ys writyn only to the entent , that 
it be wel underflaund, hou neceflfary it ys, 
that the Kyng. have grete PofTeffions, and 

F % peculiar 

6i . ;0/* AflSOLOrE and 

pecoliar Lyvelood> for his .own . Senrdtie t 
namely, whan any of his Lords fchal hap- 
pyn to be fb cxcdHvely greee . as ther my^ 
chcrtry^owe Perell to his Affaue. For c6r- 
t^mly , ther may no grettci Perill growe to 
a Prince, tbm co have a Sul^ect equipolenc 
to Jiim&lf. 



Limited Monarchy, 6^ 

Chap. X. 

ffoH that the Crown may be bejl 



NOW that the likcnels of the Kyngs 
chargs Ordynarye and Extraordyna^ 
rye be ichewyd, and ove^ that hou 
neceflarye it is, that he have grete Ly veloods 
above the fame chargs, in the \^hiche hit ne^ 
dith, that he excede gretely every Man of his 
Land, which Lyveloode undoubtyd he bath 
not at this day ; y t is therfor behoveftd that 
we now ferche hou the Kyng may have fiich 
Xyveiood ; but firft, of what Comodytys it- 
may beft be takyn. The Kyng of Fraunce^ 
Ibmetyme might not dilpend of his * Deqaaynys, 


• This comes from the old French word Demaii^, now^ 
out of ufe, which has the fame Signification as Z>(?;»tf/isr^, 
which was ufed after the T/irord Demaine , and fignifies^ 
4m ImberttoHcey or PiorimoHy^ whereiOf a Man is abfolutc 
Lord and Proprietor ; in Italian Dtmmno^ Therefore' 
^e Pofleffions of the Grown , are c^U'd Dominica C^trow 
9ue Rtgis ; fo JA Fr^^Kfty Demaine ^ or Dfimaine du Roy^ 
^ni$es the Kmg*4 Inbef^OMtie ; ap^ V^ tl^s Seti/b of thet 
yfOidiDemainey ai^e comprehended all ^he Par^s of a Mann 
Qor, as well the Rents and Servicer, a3 what we oo¥j» 
^\ ^DpijUiyff^ So m<Acs^t Demefu L^ds^ fignifies fucb 

70 . Of ABsotlJTH mi 

as inXordfchippis, and other Patrymonye pecu- 

lier , fo mich as might than the Kyng oi En- 

/ ghnd*, which *m*y well appcre, by that the 

^ Qwene of Fraunce hath but^ Fyve Thoufand 


Manners as were in thePofleflion ofKing JE^^^ the Con. 

fefTor, or WiUiam the Conqueror, being the fole Property, 

Mid abfolutc D&mim^n of thofe Kin^s, and thweby diftih; 

guiifr'd from filth Nfrnnow as wete only held of thq 

Crown ; and therefore, in Domefday^Booi , jhe Vaflals of 

Edward the Confeflbr, in' the Borough of i%etfardy were 

cfalted, Homines jui erant ita doimnici R^gk 'Edward ^ ta 

mm faffent effe himms cujf^ibet fine luemtia Regk. In the 

fame Book we read in Com, Devon. Quod Rex E4iva9kim 

bahuit in Dominio, Burgum de Barnjtapfe. From httlcf^ 

i*o doubt, cdmes due Law Expreflion, D^mefm of a JVffsia* 

nor, becaufe a M4n may more-properly^be faid to be abfo, 

lute Lord of the Dentefnsy or have Dominion in that which 

rie referves and keeps in his own Poteffioh, than of that 

i?8rhi<ih is let out t6 Teftants, tod may continue in tbeir 

. Poflfiffion for Ages, paying a fmall Acknowledgment on- 
ly for it. Now tills word Demtfns , moft plainly , comes 
from the old French word Demaine before rcmember'd 

. mi not from demanu, of the iand, as my Lord Coie fays^ 
which feems to be a forc'd Derivation ; for both the 
wcM^ds Demsi^e and Dm^i^e^ come from theXttin Domi^ 
ninm^ which is the tme Original of all tbcft'woiik. HiM • 
Cotgr. Sfelm, Gl^. V 

^ This is 4 Stton word wro*e in that Language with 
w, thus^ Efen^ {^i»^r«. This word originally ifeiaie4. 
a Woman ^ but afterwMds:ii: amu^ to figntfy aW^e v^ 
iarab the Wife of Abraham, w^ called Abjiah^f*. 
epen^ .The Franks had Kumnpnntt, ail^en, from 
their Kumnj, King, but the Saxons having no Femiriine 
f^ thdr nynmy, or King, they exprefs it "by Tpeii. 
tvhiehbemgpiitabfoliitely, flood for the jBB^^V/^^, antf 
. ' ' after? 

Limited Monarchy. ' ti 

lifsilks y«^y to hyr Dower,; wher as the 
^Cfie of £«^^w</-hath Teo Thou&idMatks. 

Sor -in thoos dayys ther was but litil more of 
^ Ke^cae . of Et/tme^ in . the Kyngs hands , 
bet that parte itvtiich is calfid the lie of 
"^TAmcf, For althcRapenaunt of the Realme, 
9&JBuii^9yne^ MomtMdye, Guy ape, Cham- 
p^e^ Lmguedoky ^d^Flaundfirs, withnu'^ 
Iff Mpther fas^ ^.gn^ce -iLosdfebifJ^ls wer then in /j^^^, 
the iiaBds^<>f * « 1>ufeprys , acid other Princisig:^> 
and -gret liords. For which Cade the \ ^ Q^-^oftho, 


^^evwA^ came to £\^lf^ Queen Confirt^ Qmen ^g^^''^Y>\^l * 
Wd Sometimes i^f«*Z>owtf^^r, In aqcieat Danifh, it is ^ ' 

Kvna. 'Epen in later times came to figaify a IVhore^ 
from 'Whence comes our Englifti word ^«^^» , in a Ca- 
tachteftical way.,of fpe^kiJiii;, 'Epenrliyp.5,, in Saxon 
iignifies an lEunuch^ i*se. a Keeper, or one fit to have the. 
Ctrftody of Wives and Ladies, Somn. DiSi, Hkkef, Dif^ 
firti 5-2. Nicvt, Di&. 

^'Bufeperys ; two words made one, and fignffiesZ>^^fx, 
undPe^J, from the 'French ^ordsDw/ l^ Pairs, For 
fmf *in-FrenGh is u Veer,^ mi'Tairs deFrance^ are Peers 
rf France, Originally, in France, there were but twelve 
Pcers'i fix Spiritual arid tfix Temporal, and fome of them, 
were called /)«Apa N|tor;Gqtgr, 

u ' Gakel, :is a-f Vench word, ^d , come$ from the French 
Gateffe, In-Uttu GakeSa, or tid{?ettum, and fignifies aTri^ 
kme^otfax. "WhtnQabel was fpoken of gOACrmy witb-^ 
out any Addition, it figni^M the Qai;el,:Qt "Tax of Salt, 
pr^pter^ExceHentiam^ i>ut ^afterv^rd^s it was applied to all - 
other Taxes, as, Gahelte des' DrapSy GabeSe desVim^^c. 
3(!lrannesMafl4'aHdHn, w Smuh-Hrftoric. W. lib. i. (^.^u 

'72 (y" Absolute W 

\Qiiar- bell of the Sakc» and the % «Qaatcrymft& of 
D^b. thcWynys, war granted to the Kyng, by the*.' 
Qiute' three. 


Laud, tells us how this Tax was received by the People ; he lays, ' 
En ce tnefm an^ i. e. 1342, ^^ k Rot une exadim fu fel^ 
laquetle eft apfeUee Gabellc, dont le Roi aquift rindignatiw 
^ Malgrace torn des grans ^ cwnme des fefhs; ^ de tout k 
feuple. Monfieur Menage giv«$ a great mjiny Etymologies 
of this word, but at laft agrees th3XGrevius is in the right, 
. who fays it has a German or Sa^cori Original ; fo fays SeU 
den^ Somner^ and Dm Conge, It comes from the Saxon 
Grapel, which is a Tribute , or Taxy as in Luke ao. 2a. 
Yr hic pihc 1^ cpan j)am Carepe D^pol rylle i 

// stjufttbat Mdn fay Tribute h Caefar ?' 

From hence comes our Law word Gavelkind^ and ndi 
from the fanciful Etymology of Jjip-eal-cyn, give oB in 
kind. * The true Meaning of Gavelkind is, Land, in its Na- 
ture, fubjed to Tribute^ ox Taxes ; from tfapol, or Erapel, 
a Tax. Gavelkind is the (ame as the Saxon Gauel-lan&| 
^nd that, the fame as Ixapol-lan^ which fignifies Land 
liable to Tribute^ or Tax. In foedere Aluredi £5' Gutbr. R. 

R. cap. 2, buran^asm ceople J^ on ljaFol-lan6 fxv % 

u e. prater ruftifum qui in terra (enfa manet ; except the 
Countryman^ or Churle, who Jits in taxable Land ; and iS; 
fo called, plainly to diftinguiih Gavelkind from Land' 
held by Knights Service, from which , and all the Slave-* 
ries thereto itxcfdent, it was free, by the Payment of Unis 
Gafoly ox Tribute^ 

The Impoft of Salt was firft begun by Philip the Long^ 
which was 2 d. in the Pound, after whom Philip de Pahis 
doubled it, zad Charles ^f^. rais'd it unto 6^. and that 
was doubled by Lev/is XL fince whofe time it has been 
alter'd, and is now altogether uncertain ; fo that the Quota 
of this Tax is conftantly riiing and falling, at the Wili 
and Pleafure of the l^rince. Cotgr. Somn.DiS. DuFrefm 
Cloff. Monf Menage Origen. Franc. 

• This comes from the old French word Quatriefme^ 

a fburtlC 

LIMITED Monarchy. 75^ 

thxteEibxsof Fraunce, which was, nor is ho 
lityl Subfydy e. For thcr is no Man in Frauncf 
that may eate Salte , but if he bye it of the 
Kyng ; and that is now'fett to fo grete Price, 
that the Bufhell which the Kyng byyth for 
iijf^. or ivd. is.fbuld to his People for ij i. 
and other whilis for more. And the fourth 
Pype of the Wynys that be made in Fraunce^ I 

may be no iitiU thyng ; fythen the FiUyngof 
the Wynys ys the gretteft Comodite of the 
Reahne ; but that Comodite we have not i& 
ichis Land. Wherefore ther is no parte of thoos 
maner of Subiydcys that might be good for 
o wr Soveryi^ Lord , but if it war , that he 
might fell to bis Subgects the Salte that co^ 
myth hether. Yn which thyng he fchali have 
more ♦ ^ Grutch of the People, than Profyte.* GroA^ 
For in iTr^awrr^, the People ialten but litill^f J^j^ 
meate, except their Bacon, and therfor they 
)irould bye Iftyl Salt ; but yet they be artyd 
to bye more Salte than they would. For the 
Kyngs Officers bryng to their Houfys every 

$ fqarth Part, and fignified a Tax on Wine^ which was the 
fojtrtb, Pfffny^ for all Wines , retailed ; an Impofition firft 

raifod hy CbatUs V; and continued by fome of his Succef-^ 
* fors. That it was only on Wines retail'd, appears by thii 

French Saying , Ceh tft de fin cru^ il n^en dmt foint le 

Quatriefme. Cofgr: NicctpiS. 
f Otfitch^ is fro^n the old Freaclj V^rb gru^er^ to repw^ 


74. ^ Absoluti And 

rcitfiHiabl^ , «q ithe nonibce of the Mcd» Wot 
anof, 9od ChtMren i^ xiiivdlyii idierjro., ^ 
wfaK^fa 1^ £:lial pay though lih^ k^qM 49C^ 
bil^e fo ^^yche. TJus Bide and Ordet w^y 
he £)» ^ybhoired in Engilmtd^ iii&'W«il -bystlpa 
tj^f«»* McrdianDts.dat be twontyd to haye that 
j^4) Fi^dcxne ip byyng and fetijriig o£ Sake, as 
t)y tiic People that ufcn ijiich to <Mw t^tm 
Meats more than do the f i^»ch Mcb ; bjr oc* 
tafyon^fAa^ofthxy^ at erei^ilikafe 

grcHrdie with the ICyvg , diat^^xicreacidi tbeu ^ 
more r^oraufly di^ his Pro.@mftoiirs ^kaef^ 
done. And^ lb his Highnefe Ichal il^?^ theirs 
of^ hut as had the Mim thM tfdtmyd im 
Ho^, «wA? Oye and no ^W^. to 
Fianders ^and other Lord(cip^ «f the Siidta 
of Burgo^ downward > he ttS^eth OBftoyn 
Iinpoficions made by hymfelf upon ev^ery^xe^ 
every Scthe|>e , and upon other thyngs finild » 

^ This is wroj^e atec tiie Sttzon xn^Qiec, ^adjOcqicHi 
from the Saxon Verb, fceappan, to clip ox pear ; fo 
^ri^/froratheSaxonSceap, ^eep. Scapdie Infii}a,apu}^ 
(lofttioftos, I e. I$fula Ovimrn, the IJk ^ Sheapy^ or of 

$heepy is in S«ipn>^^n^4 Sceap-ije, ia i^&»^^ OvWa^. 

$9mn. Di3^ 

* This is Ae Saxon word {otJFooI^ and Is wrote thns^ 
yuUe i from theijce copies th$ 5axQU juHkn^ ifx ^-^ 




Li\4iTi;p MoNAiicttY. ^5 

j^d aJfe vpptk Qvery V^flel of ^yw, every 
Bdrdi i)f Beer* and ottec Yytayls {biAd lia Iris 
Londfiiiip , wfaicti is.oo.4iciU SL^raioie to^ fayin 
yettty ; ifCit ytt Jik^tli ic^ > ai$%K the i4»i 
pie, -Mrfaich God defend tfaac tbe K'yng our S6^ 
TBT)^ Ijoird'fchtiid do vpoa his People, .with* 
oat thck Cfaiidcs and Afkaes.: l^ey&thdn^ 
v^ didr Aflfents, &cii nuuw of Sabfydye, 
if thorcbuld loot he S)u»d ^ better Mea&e of 

i;he;etxb:dufing of che Kyfigs Repftiuz, 'were 
net tmreaibkahlc. fbt th^b • aiod }m thQ 
Qable of 5alt« eray Mao icbai boe the 
c^tadgc therifi -c^YJaUy^. ftit yet I^otfld jaot, 
that inch a siciv CoAoiEie is^Cliaii^ weic|)ttt 
i>pQQ«tlke Pcopk, ia 0!ar Soveryug Lcards 
d^yes/, wirti tvhtdi his Pfogentto^s ciiaigyd 

tbem iaevtr, if 't ibfetcer tand moire convemetor 

' 'I 

way could fee fiwid iCyng Saidmm chai^ 
Iiis P«opie with ^TdOter iii^f^^ tham tliay 
were wfiiAtyd to ^ l»fore his days. A«d -be- 
^lufeihis Sbn^-KyngjR»A^^^^, Wpiild not^eafe 

^ Magre^ from the old Ffcnch word mangre^ ox waul- 
^, liow ^«igre, tand ^^Mes thcTaftte a$ «»<«/-5fr^^, ^7^ 
fmmir ^ er ^M-mS ; ffom w^i!/, WMdh ffgnifies m/y aftd 
'^^, fign^figWiZ. Thi$ Word ;gifv xombs from ttelta- 
Itin^^iKib, mA grado xiorms^ Scom the Ladn grrnurn^ a^. 
l^riiea thi^ % nud grmb ^ 'Whkh is the iame ti$ mdi^r^.\x\. 

rj$ - (3^ Absolute /iW 

them thaecifr* the tenne Parts of the People; 
dcVydyd into twelve Parts , departed from 
him/ and chofe them a new Kyng, . and came 
never after that time under his Subjedion^ 
Of which Departyng God &id bimfelf af^a- 
ward, ui me faStum 0ft ijiud. Which is. an 
Example, diat it is not good for a Kyng to 
over-fore chatge his People. Wherfore me- 
thynkith, that if the Kyng might have his 
Lyvelood for the Suftenaunce of his Aftatc, 
in ^ete Lordfcippis, Manors, Fee Fermys, 
and luch other Demaynys, (his People not- 
chargyd) he fchuldkepe to him *holy, their 
Hearts, and excede in Lordfchipps, al the 
Lords of bis Realme ; and then £:huld non of 
tham growe to. be like unto hym ; which 
thyng is moft to be fearyd of all r the World. 
For t^ within few Yers , ther fohuld nqt j^ev 
mayne Lordfohips i;i his Realme , by which 
they nught growe fo grete,> nor that thay 
m^ht growe fodi by Ma^ryages^ but if tho^ 
Kyng woiild it, Fo:|r (o hym fallyn al thg 

^ i. e. wboB^ ; and fo hole h ii&d by cw Author, for^ 
"qfbole. Now this plainly cQQies from the Saxon word 
hal, which fignifies falvus^ integer^ vAole^ or fo$mi.^ hk 
Dutch ftecl, V^X xy Yl^ falvMS fisy God fa^je y,im. K^^^ 
from this word hal, that the Saxon word hah;^ comes^ 
which figniftes ttfrxghx. ^^ *^6> which is formed by tW»-\ 

ipgttieSaxQoSinito^. Spnan. DiS. S«; 


LilMiTiD Monarchy. ^fi 

grete Mary^cs of his Land/ which he may 
diipoie as hym lyftc. And by Dyfcentc thcr; 
ys not like to M gretter Heritage to any No* 
bletnan, than to the Kyng. For to hym byti 
Cofyns 9 the moft , and the gretteft Lords of 
the Reahne. And ty Efchetes, ther may.npt 
ib mich Land &11 to any Man as to the Kyng^ 
becauie that no^Man hath fb n[]any Tenauno 
as he ; and alio: no Man may have the E« 
ichetes of Treafon but hymfclf ♦ and by . Pur- 
chaie. Y£ this be done, ther ichall no Man 
fo well encreafe his Lyvelodd as the Kyng. 
For ther fchal pone of his Tenaunts alien. 
Lyvclood without his Licenfe, wherein thto. 
he may beft prefarr hymfelf Nor ther fchal 
no Lyvelood be kepte ib hole as the Kyngs, 
confyderyng that he may ^ not for his Honor, ♦»«/•- 
fell his Lond, as other men may do ; and al- Vf^^ 
fo his fellyng would Nbe the hurt of all hys 
Reahne. Such was the fellyng of ' Chirk ; 


' This word coincs from the Saxon Cyjwc, or type, 
a Temple^ or C buret. . In the Northern Dialed it is Kyri 
to this day, by pronouncing thiii d as a iC ; which way of 
writing is more agreeable both to Antiquity^ and to the 
original Derivation of the word ; for the Greek Uffilou is 
always, in Latin and Engliih, turnM into 2^ but not into 
C/, which is made of the Dipthong h; as in Uramiay Eu^ 
Musj of 'Ove^y<«i» "£vCtfA(^. And therefore fhe Southern 
People of EngUmd have, but awkardly, chang'd Cyrcb^ or 




Absoluts and 

a^d Chirisi Losd^ whereof never A^ £iwe a 
Pirefydcnc, and Ood defend, that any Man fee 
mo finch hereafoen For feliyng of a Kyog^ 
Lyveloods ^s properly caUyd Dili^idaticxat of 
Bis Ccownc, and thnfor it ^ ^^ V^^ Ii^" 
mye. Now we .have fimn^ undoubtydiy , what 
nttner of Reivenaz , i^ befte for the Endows 
mfint of the Ctowne. But fycfaen it ys fald 
before « that the Kyng hathi not ^ this Day 
iufficyent tberto , it £s aoft convenyent that 
Wt now ietche^ hou hite H^iiels may have 
ioificyent of (iich Revenus&y which we iiiay 
now fynd to be' befte therfore^ 

Chyrch into Churchy and the Northern mighty according to. 
that Rule, as wcU fay |C*r* for iCyr*, which ^ould be ve- 
ry umuitural : and tho' our Author >}fef this word very of^ 
ten in this Book, yet 'tis no where wrote with a U. There 
are feveral Compounds of this word; as, Cypic-eateoj), 
Si^^t%zCbmtih'fVardeny or Charcb-EUer-, Eypic^rcear, 
Qittrcb Scott y or a TrHnae^ and Payment: mdc to the 
Church, and not Cburcbfeed^ or JRrft Fmits^ as Ltmb^ri 
etroneonHy renders it. Somn. Sax, DiS. 



LiMlTRD MoNlfltHCHtY, 7^ 

G H A P. XL 

maj hji he takjn dgejne 

THE Holy Patiiarke Jo/eJ^h, whUe he, 
under Tharoo the Kyng, govcmyd the 
Lond of Egipe, rulid atid fi) intreatid 
the Peopie tbeieof, that thay grauntyd ta 
pay, and payyd to the fame Kyng, the fift^ 
Part of their Graynys, and of all other thyags 
that grdwyd to them yerely of the * Erthe j 
Whidh Charge they bercn yet, and ever fchal 
befe. Whef thoroi^h , their Prince, which 
now is the *- ^ Sowdan of Bubykne^ is one oi* Sodem^ 
the miahtyeft Pf incis of the World ; and that P«^ 

P/i I /* r^ Sandy n^ 

notwithftoildyng the lame Egypians at the Laud. 

^ til! J feoihes from the &xon ^^P^j &i«* ; €op^ ' 
*plde^ Rgilifies a C^cnmber^ or tjartb^^appk, Gop^hnji 
is a Husha^fdmoft^ or EarthKng. Sortin. Diift. 

** This Wotd»S<>«;^/!r, cbihes from the oM French ^vtitd 
Soudan y which is the ditfe as the French Souldan^ or 
Solda»y and conies from the word SuUan^ which in' the 
Hebrew IS 3!6«&^» , Dominus^ a King ^ ox Sovereign, So 
that by S&wdaH here^ is meant ^;«(//^. Nicot. Did. 


?g . . 0/ ABsoLiJTt and 


richeft Comons that lyvyn under any Prince ; 

whereby, we be lernyd that it fchai not only 

♦ I. c. be good to out Prince, but alfo to our * fclf, 

-^^^^ that he be well endowyd, for elfe the Patri- 

arke would not have made iudi a Treatye* 

The French Kyng, in one thyng, that is to 

lay, in Wyne, takyth more of his People than 

doth the Sowdan ; for he takyth the fourth 

^ Penny therof , but yet he takyth nothyng 

. of 

• Pefiffy; the SaXonS had but one fort of Silver Com 
^rrent among them, which they call'd Penmn^ y Pen- ' 
^^'5 > or P^i^^H > from whence our word Pemty comes ; 
in barbarous Latin it was called Pemirngfts^ which ,Wftt 
equal in Weight to our Silver Coin, callM a Threepence^ 
fostk 6f which Saxon Pence I have fecn. Five of thefe 
feMce^ or Pennlugi^ made among them, «nne Scyllinj;, 
in barbarous Latin, ScyUingus^ a ScyUing^ or SbiBing ; and 
thirty of thefe Penningiy made a CPancuf, in Latin, Mam- 
. iufay or T^Mark. So fays M^ick the Archbifliop ; * Pip 
Pene^ar ^emacia'S acnn^ ScyUins. "j J^pirrij Pene^ 
gar seime CQancuf . Fsve Pence , or Penningi , make a 
Shilling, and thirty Penningi, make a Mancus. Therefore, 
as one Saxon Penny Was: of the Weight of Threepence ; 
fo one ScyUing of -theirs , confifting of five Pennings , 
aittounted to fifteen of our Pence y and fo exceeded' our 
Shilling by a fourth Part , or three Pence. The Mamcus^ 
alfo, which contained thirty of the Saxon Pennings^ con- 
tained ninety of our Pence , and was of the Weight .of 
three of our Half-Crowns. Now this Mancus was of the 
fame Value with the Saxon Mark^ and was ufed to fig« 
nify the fame as a Marky which afterwards came to be of 
different and greater Values, as Silver came to be cheap- 
er : But the golden Mancus , or Mark of Gold, was of 


Limited Monarchy. 85 

of thek ©raynys, WoUs, or of any other 

t Qoods that «owith to them of their t ^^^y 

- • T J 'Laud. 


ten times the Value -of the MetMmcus; according to 
the Value that Gsold eiceeded Silver among the Greekt 
«tid Romans. 

Gf Brafs Money theire was vl Half Penny among the Sa-»- 
Xoils, called belpltni;, as appears in Marefc. Evang, 12'; 
li*fc6. Ne becypa^ hi pip Speappan ro iJelplinjc? 

Art'^otfirve Sparrovjs^ fold for a Hel fling , or two Farthings % ^ 

60 tMh the fourth Part of a Saxon Penny ^ quadrans 
Vinninp^ was called Feop'Slifl^^ and from thence cornel 
OHr Word Farthing, And fo is ilf^^. 5-. 26. aep }>u ajyl&d 
j>0jne yremef Can Feop^Ung^ e'er thou payejl the utmofi 
l^arthing. There was alfo in ufe among the Saxons ^ 
Jftrafs Coin, which was current with them, and wafc 
eaird Styca ^ Styca^ which was of the Value of half & , 
Fanhing , four of them making a Helfling ; foihe 6£ 
which I have feen. This appears from Mar, 12. 42. ]>a 
Com an eapm pu&upe. "3 peapp tpe^en Srycaj-. ^ 

If peop^nj Peninjef i And there came a certain poor 
iVsd&VJ^y and put in two Styca's, that is the fourth Part &f a 

The Mercian Saxons fometimes reckoned by a fort 6f 
Money called Sceara, which comes from the Saxon 
Sceac, and fignifies afmaS Part^ or Proportion, Each of 
thefc SceatSy or final! Parts of Money, was equal to fqiir 
Saxon Farthings, and f of a Farthing; fo that five Scedts 
madt fix Pence. This appears by Textus Roffenf fol. 38. 
JCeopler pep-^ylb if CC. Scylhnj* .Dejener pej^- 
gyte if pix ppa cpicel. 'f hfS xu. hunt>pe€> Scilhnj, 
Slotme by^ cyningef anpeab pep-^ylb fix ))^S?- 
11^ pep-^yb be njypcnak^e If if xxx. Jmpenb 8cea- 
ra. j^ b^ eallex Cxx. Punba. The Husbandman, or 
r^dw^«V Weregild, [i» e. Eftimaj:io> vel Pr^tium capitis, 

* tA 

82 ^f Absolute mi 

Lond. The Kytig our Soveryng Lord hsuJ; 
by tymes, fythcn he rcynyd upon us, Lyve? 


' the Price of a Mam fiain,] is aOo x. Tftt ThainV W»c- 
gild is fix times as mucb^ that is^ 1200 s. 7%at the King's 
Jingle Wcrcgtld contains fix Thain-Wcrcgilds, occorMngto 
fie Mcrccnlaga, or Mercian Law^ that is to fay^ 30000 
Sccats, vjhicb in the whole amounts to 120 Pounds Saxon. • 
There was another fort of Money which the Saxons 
computed by, called Na Dpimra, which was of the Value 
of four Saxon Pennings. Lombard fays, 7%rimfa comes 
> from ^peo, three ^ and was of the Value of 3/. ' But 
Pr. Hickes and Dr. Brady feem to have hit the Truth 
much better, when they fay, that it comes frojtn Tremifiis^ 
which, in the ancient Laws of the Germans, Signified the 
third Part of a Shilling. For as of the Roman Pound;^ 
which confided of twelve.Ounces, the third Part was cal- 
led Triens , containing four Ounces in Weight ; fo 7r^- 
mifiis^ which among the Germans , was the Sum of 4 d. 
was the third Part of an old German Shilling, which con- 
fiftcd of 3 7remij[fis\ or iid. 

There was another fpecies of Money amoiig the Savons j 
♦but whether it was Coin, or only a Denomination of Mo- 
ney, by which they reckon'd, is not certain* It was caird 
among the Saxons , Opa, from the Saxon word Ope, 
which fignifies Metal^ and was brought into ufe in this 
Kingdom by the Danes. T^is callM in barbarous Latin, 
Mreus^ which was the eighth Part of an Iflandick Mark ; 
' fo fays Olaus VereU in vet. Sueo-Gotbic. Indice ; 9uvi efi 
. oSava Pars Marca. So Gudmund* Andr. in his Lexico 
^ Iflandico^ ^O^b, Marca fonderis continet oSo M.reos. Now 
. a Mark of pure Silver , among them ^ weighed cigllt 
. Ounces, and this Ora^ five Mreus argenteusy weighed oQe 
Ounce only, tho' in Taxations, among the Iflandicks, jt 
went for more ; and fo in Weight and Value was equal 
to twenty Saxon Penningi^ u e. fixty of our Pence ^ which 
' is a Crown. So Somner lays, that Ora fignified the £utie 



Limited Monarchy. 83 

loodin * Lor dfch^fMS, Lands, Tenements and^ 
Keats, nerehand to the Value of the fifth Part 


as an Ounce, but was of two forts, the greater and Icfler 
Ora ; the leffet was but Axt^en Pence, the greater, twen- 
ty Pence Saxom * 

Now to reduce ^his Matter of the Saxon Coin, into a 
narrow Compafe, and to give a fUU View of it at once ; 
fi:mfider j that tWo Sfk^'s made a Rirthing^ two Farthings 
made a Htlfling;, and two HelJUngs made a Saxon Penny ^ 
which is equal to three Pehce Englifli Money ; two HaL . 
flings y one Stica^ and f of a JlT/V^, or nine &/Vi»V and | 
of a Stica^ which was four FartbiffgSy and f of a Farthing 
Saxon, made the Saxon &etf^, which is in EngUfh Mo- 
iiey three Pence kalf Penny and ^ of a Farthing. Four 
, Saxon Penningf made a Thrimfa^ which is twelve Pence 
Englilb Money, and five Patnings made a Saxon ScyUingy 
equal to fifteen Pence Englifli. Again, twenty Penmngs 
Time an Ora^ which is equal to otir CloWn Piece ; and 
thirty Pennings , which were equal to twenty five Sc^4s^ 
•made a Mancui^ or Mark^ then of the Value only of fix 
Saxon. &yi/»^j, making feven Shillings ahd fix Pence E|i- 
glifli* Ten Mancns^s^ or Marks^ made fixty ScyUings^ and 
fixty ScyUings made % Pound Saxoii, which was of the 
Weight of feventy five of our Shillings, amounting to three 
Pound fijftefen Shillings, ^o that fifteen OuiiCes of Sil- 
vei? went to lilake their Pbund. Hkkef. fhif. Diffirt. 
Efsft. 109, no. 

^ Lordfchtppis ; this is a Saxon word, and is wrote 
thus, Wapopbrcipe; Wapojib, fignifieS Lbr^, andfome- 
time Leige Lord^ or King. King Canutus is fo called in 
Ciron. Saxon. 1014. And as \)h,poj)b^ fimifies Dominns^ 
, Jmord^ ox King ; fo the Feminine Gender, Plsef^ia, figni- 
fies Dom'tna , Lady^ or Qmen. As for ihA Word Sape^ 
which fignifies Dominion y jurifMHion', or Authority ^ fee 
before. Somjt.DiA. Hickef. thef DiJJert. Efijf. See the 

G % of 

14 0/ AhsoLvn 4nd 

6( his Realme , above the Pofleffions of die 

Chirche, by which Lyvelood, if it had al^yn 

ftyl in his Hands , he had byn more myghty 

of g;ood Revenuz , than smy of the (ajd tyrq 

Kyngs, or any Kyng that now rcynith nqpoii 

Cfifte^ Men. But tlhis was liot pofllble to 

We be done. For to (ivQin p^« tb^rof, t^ 

Heyrs of them that fumtyme • owyd it, be re* 

ir?.^^' %>ry4 ; iumm by realbn of ^ ♦T^ylys, famm 

Laud, by realbn of other Ty ties , which the Kyng 

,bat;b confyderyd apd thought them good and 

feaibnoble. And iumm of the &me Lyiaptood, 

hys good Grace harh gy vyne, to fiich as hath 

fervyd hym fo notably, phat ^ thcii: Re- 

nowne wol be eternal, lb k f befatt the Kyr^ 

Magnifycence, to make their Rewards, ever-' 

Ming in ther Heyrs, to his Honors and xbm 

« 1 €* (^w;« V //, from the Saxon Verb a^^y fo ovm^ ot 

pQjSff^ 7 ^d that from a^en, fnfri^m , kif cnt^n^ Soma, 


^ T'^yly'i ftc>m the French taite^ which here fignifies 

Entailes^ by r^afon of which, fpmc of thofe Eftate$ were 

}n fuch a manner limited, as would not give the King any 

right of Forfeiture , tho* the Owner was convid of the 

' ' * high^ft Offences. 

g Befatt^ i. e. did befit ^ from the Saxon word, bepit?* 
tan, which undoubtedly was a Verb among the Saxons ^ 
fignifying decere^ to become. And according to the Saxon 
Formation, bepirran, in thePreterimperfeftTenfc, muft 
makebepar. Saxon Gram. p. ^/^.Sotim.Dia. 



Limited Monarchy. 83 

perpctnal Mem^rye. Atxd alio the Kyng had^ 
gevyn part of his Ly Velood , to his m(A ho^ 
nonbit Brethren , which not only haye fervid 
him in the manner aforeiaid 4 but byn alio fa 
nigh in Blode tp his Higbnefs, that yt befkt 
not his Magnifycence to have done * otherr * ^^^ 
wile. Neverthelels lom Men have done hym Laud, 
Service, for whicbe it is reasonable that his 
.Grace had rewardyd them } and for kck of 
Money^ the Kyi^ t^w rewardyd them with 
Land And to tamt Men he hath done yft 
likewife , above tfieir demerits , thpro we Im^ 
portunytye of their Sewts, And it is iuppo* 
fyd, that to fliim of them is gcvynC^ worth t fHf^ 
Land y erely, that would haye hold hym con-^^ ^ 
tent with CC I in* Money, ' if thay might hwegoieff. 
had it in Hand. Wbcrfor, it is' thought, yf^^^^^ 
Jucb Gyftys, and namely thoos whichebave 
ben made inconfy^rately, or above the Me- 
ryts of them that have them, ware tdbrmyd; 
and thay rewardyd with^ Money,, or Offics, 
or fomewhat Ly velood for Term of Life , 
which after their Deths , WOnld than returnc 
to the Crowne j the Kyng fchuld have ftch 
Ly velood as we now Icke for, fofficyent for ^ 

the Maintenaunce of his Aftate, And if it -. 
would not than be ib grete, I honld it for 
undoubtyd, that the People of his Londi wol 

Qj be 

8^ 0/ Aisohvrz and 

be willyng to gravint hym a Snbfidye, upon 
liich Commodites of hys Realme, as be before 
Q>cc/fyd, as fcl^ accompliJh that which Ichal : 
lack hym of luch Lyvdood. So that hys- 
Highnels woU eftablilh the fame Lyvelood 
than remaynyng , to abyde petpetually to hi$ 
Crowne, withoutc tianilatiDg thereof to any 
other Ule. For elfe, whan that fchal happyn 
hereafter to be geyyn away, hytt fchal nede 
that hys Commons be chai^d with a Newe 
Subfydyc, and be alway kepte in Poyertie. 


\ 1 

Limited Monarchy. 


Chap. XII. 

Hereafter js fch^jd, rphat Hame 
TPould come to England, if the. 
' Commons thereof were Tore. 

SOME Men have laid, that it war good 
for the Kyng, that the Comons of Eng^ 
land wer made poer, as be the Comons 
of Fraunce. For than, thay would not re- 
bell as now thay done often tymes ; which 
the Comons of Fraunce do not, nor may do ; 
for thay have no Wepon , . nor Armor , nor 
Good to bye it withall. To thccs maiier of 
Men , may be faid with the Philofopher , jid 
farva rejpicientes^ de facili enunciant ; that 
is to. fay, thay that feen fewe thyngs, woll 
fone Jay their Advyfe, » Forfothe thoos folkys 

conly- ; 

a This wQrd Is pure Saxon , and is wrote thus pop-i 
yo^, certainlsy truly. Sometimes *tis made two words^ 
as, F^P r^^i ^^^^ ^^ fignifies word for word, for ^ truth ^ 
for certainty ^ or in truth ; the Saxqn word fo^ figuify* 
ixig truth. From hence, Charity in this Language is gal*' 
led ro^Se^lop, footb Love^ in Englifli true Love^ So. 
f o^-faga, fothe-faga^ in Saxon, flands for a Hiflory^ h^ 

.caufc dUHiftories ihQul4 be true, the' they ore nqt i it al* 

<i 4 fe' 


^i (y Absolute W 

coufyderyn litil the Good of the Realme of 
England, wherof the Might ipoft ftondyth 
upon Archers, which be no rich Men. And 
if thay were made porer than they fee, tl^ 
fchuld not have wherewith to bye ttem Bowys, 
Arrowcs, ^ Jakkcs, or any other Armor of 


, (p fignifies true Sayings, or DivlnHions, apd ftopi thgiQe 
comes our Englifti Soathfayer, or Fortune-Tetter, f'rom 
jo^5 truthy conies the Saxon Adverb fo^lice, tru^, ox 
wrily ; lice or fif in Saxon making in Englilh /y. Soma* 
Saxon Di<a. ^ 

b Jaiies, comes from the old Froich word Jajue, Ja^ 
^fette, or JaquedemaiBe. Jaqu^, in old French, fignifyM 
H Habit, or Garment ufed in War, which was ftufFM with 
potton, in the fafliion of a Waftecoat. But afterwards 
it was made of fmall Links of Iron, call'd in French 
MaiBes defer, like a Coat of Mail, or what in French i$ 
called Hauhergeon ; and therefore it was they put the Ad- 
dition, de Maitte, calling itjaque, or Chemife de MaiSe. 
This fort of Habit was in thofe times worn alfo ' on all 
common Occafions , and ufually made of Cloth ^ and 
Stuff; and from thence they anciently caUM it zjaque^ 
mid in modern t^mes, ajacquette. Pomanus fays, the 
French had this word from the German 3Bac|>, which has 
the fame Signification ; but Monfieur Menage fays it 
comes from the Englifli, and not from the German,, but 
borrow'd from us ; the word3^^r)l^ inoldEngliih, fignify- 
ing Coat Armor, or a Coat of Mail, Du Cang fays, a Jach 
h a fort of Military Cloak, or Veftment ufed in War, to 
put over their Coats of Mail. Walfingham in his Life of 
^schard 11. f. 2^^, fays, /tccefi ab ore ejufdem 'Jebimvit 
f>bflpot,' quod miSe Lorica^, vei Tunicas, fuas vulgS Jaclce$* 
meant, redemerit de manihus creditorum. Et p. 249. Acceptum 
fuoddaM wfiimemmm pretiofiffmmn, ^Ihtcis Lancia, qu^ 

• - Jacke 

Limited Monarchy. 85) 

defence, whereby thay might be able to re- 
lyfte ottr Ennymyes, whan thay lifte to comie 
^)on us , which thay may do on ctery fydc, 

Jacke ^«r<2i»iiv. In LatiQ it is LorUa^ being origmaUj 
jnade of Leather, but afterwards of Iron, called a Coat cf 
Mail. Wow MiaBe IS a French wcanrd, and has divers 
Significadona ; aociemly it figaified a Piece of French 
Money, called aH^-fewiy^ formed, Du C^^ thiak$^ 
From the word metaHum ; but the Steur de Ckracy in his 
TreatUe des Amiens Psids ^ Mtmoiet ifi Quyrnne^ ftys, ft 
comf s frOBSi tht ^Id- Fttiich w<^d Mmity which fig(ii%'d 
If fyuare Figun^ or the yj'«^^ Hole of a Net \ and this is 
the. true Etymology. So ftys P. Labbe^ in his Etymologies 
ftroMfiifis^ Les Mailles, #» Mowtoye fxt ete Jites^ i^ammt 
qu^eUes u^etoUm pu flui grandes qu^un fetit iron de ^^ am 
qH^u$te boucle de Cotter de Maille ; from hence comes the 
Fri^ich MmSe df Rets, the Sfvts, or Sqtuiree in # Neit. 
Now fro^i thb Mmdk de ReU^ comes MmJk de Hmber^ 
geofiy a Coa$ of Mail, or the ^ots 01 Squares in a Coat ef 
Mail, in the fame Signification as the Spbts or5quarcs in 
^eis, becaufeafthftRe£bnhlanceof theLinlcs, orJointSi 
of a C6at of Mail, with the MacuUy ike ^ats or Squares 
^a Net. Hence is the French ProYej:b| M^Ue a Mailk 
m fdt let H»9d?efgeons ; Link after Link^ the Caaf is made 

There is alfc the ancient French word Mail, but that 
fignified heretofore a Mallet, but; now is no wfeere in ufe, 
liut to figaifie a Rny, cailtd i^e /*» * MmI, mA ftaadk 
for tb&Maily os rouod BUag oi' fron, which tbey ufe at tb« 
Piay of the Mail, or Mall. And ftom hence you hav^ 
the word Pal-mail, or Pall-mall, derived from Palla^^ 
-Vfliidi ii Ae Ball with which they play, and die wf)rd 
fiSail. For the Play of tiie Medl comes, Ays P. JJUnt;^ 
ftom MaHIe^ i. e. a tomd Ring of ton^ thfo\^ w*iic^ 
the Ball is. topafe ; frdft' thence it is fiippofed our P^ 
JtfW/ in St! James's Park has. itt NtlW^ Ih Frefit. Gt^ 
' ^if»^^ Qrig^ Franc. 

^p Of AjisotuTF a^ 

confyderifig that we be . an Ueland ; and as !c 
ys i^d be|bie« we may not have fbm Socors 
off aay other Reakne* Wherfor we ichuld 
be a Pray to al other Etmymyes , but if we 
b^ pugbty of oqr ielf , which Might (tondith 
mofk q>oii our poer Archers ; and therfor thay 
' nedyn, not only to have fiich Abilynencs as 
npw is ^ken of, but alfb thay nedyn to be 
^ mich exercyfyd in (chotyng, which m^y not 
be done widiont right grece Exprafys ; as 
every Man experte tbcryn knowyth ri^t well, 
Wherfor the makyng poer of tibe Comons, 
which is the makyng poer of our Archers » 
jchuld be the Diftm<%ion of the gretteft M^ht 
of our ReahnCt Item , If poer Men .may not 
lightly ryfe, as is the Opynyoun of thbes Men, 
which for that caufe would have the Comons 
poer ; bou than , if a mighty Man made a 
Ryiyng. fchiild he be repreflyd ; whan all thq 
Comons be ib poer, that after iuch Opynyoun 
thay may not fyght , and by that rc^n not 
help the Kyng with fyghtyng ? And why 
makyth the Kyi^, 4)e Commons to b? every 

' ''■ ■* 

€ This comes from jkhe Saxon word micel) mtcb^ 
greiif. In Cbamccr^ it is mihell^ mokell ; in Daniih m^i, 
in Scotch nuAel The Saxon micelic, fignifies nuigmfi^ 
€em^ noUe^ fuMffMous ; CPicehieyjre \s Gremefs^ liorxetf^P^ 
ffahkffffs. §pnm, Sax, Pid, 

— .» 


• «.<•* 

LiMiTJsD Monarchy. j^ 

Yere mufteryd ;. fythen it was good thay had no 
*Hamds, nor wer able to fyght ? Ohouunwife ^ 
is the Opynyoun of thees Men ; for it may not 
be mantenyd by any Rcafon ! Item^ whan any 
Ryiyn^ hath byn made in this Land , befor<; 

d Haruefs^ fignifics Arms\ the old French wordls Har^ 
poisj ia Italian Jmefe^ an4 in the barbarous Latin it 1% 
Hantefiumj or Harnafcba. Some of the Italians, as Ca- 
pelvetro and others, would haVc Jrftefe come from tho 
JLatin ontarey or OrMmenfum ; others , Artiefe^ quafi Ar^, 
tnefe ; but Du Cong fays, in vain do they feek a Latin or 
Greek Derivation, and is of Opinion vnth Mpnfieurilf<- 
page^ that this comes from the Ger;|ia{) wqr4 )^ami(cl^ 
.ItomaCct)^ or 9mi(c|)^^hich prpperlv fignifies all warlike In? 
ftruments ; zadHarnas in Flemifli ngnifiesyfr»?/, and from 
thence our old EngHfli words Hamtjh and Hamefi corner 
Frpm fience you haye the old French ^xpreffion, Harnoy 
fiber un cheval^ which was properly fpoken of a Horfe plT 
War, when he was to be enclbfed in Armour, and ma- 
paged. Gautertus Qimcella^ius de Bellis Antioch, f. 45-4. 
Hae imer diferimina^ cosrventus nofiri l^^neiii) cum totids 
exercitns SuppetteSiiii^ in <jmdam monte frope exiftente fi Ah 
fovif. Statute. Eoh. I, Reg. Scptlse cap. 27, Quilibet paratus 
fit cumASiliis b'Harn^fiis, ^c. It is Hemafium^ accord- 
ing to /^of^r/fctj^^if,^/. 725-. miffm ah eo cum Hernafioyii 
in AugUam. MaUhevj Paris has Herttefium^ in Vit. Ahbat. 
S. AlbifH^ p. 08. And fometimes we meet with barniza^ 
tusj armed; from the Englifb bamijhed, Monaft. Angl. 
Tom. 3. Part 2. p. Sy. Duo bacuR harnifati cum berilh^ 
The old Daniibword is i^meoUa, and in its qrigin^ 
Meaning, P^. Hickes fays, it might fignify in a more re- 
(IrainM fenfe. Armour for the Head only, Armatura Crd^ 
nii, Which in Gothick is OAIHHS 9 in old Danifli 
MlHatne^ in old French /fir». Uickef. Gram. Franc. Thfec, 
|jfc4. PuJFrefii Gloff. Menage Origen. Franc; . 


t' e 

52 Of Absolute and 

dsedsdayy^l^ Comons, the porcftMcn there* 

of» hath byti the gretteft Cau^s and Doars 

thejyn. And thryfty Men have ben loth thcr-* 

to, for Prede of. lofyng of their Goods,f bctf 

yet often tymes thisiy have gone with rijeni 

♦ Mauh thorough * ManalVs^ or els the lame txier 

i^<l' Men would have takyn their Goods ; wherin 

)n<.hac^^ it Icmyth that Povertye, hath byn the hole 

and cheflfe Canfe of ai fiich Rjiyng. The 
poer Man hath ben ftyryd therto , by occa- 
iyon of bis Povertye, for to get Good ; and 
the riche Men have gone with thein , becanfe 
thay wold not be poer, by lefyng of their 
Goods. What than would £d , if al the Co« 
jnons were poer ? Truly it is Me , that thi$ 
Land than , fchuld be like unto the Land <^ 
1 ?^» t « Beame , wher the Cetaions for Povertye 
j^ud. ;to{e upon the Nobles, and made al their Goods 
to be comon. Item^ It i% the Kyngs Honor, 
aftd alfo his Office, to make his Reahne riche; 
and yt ys Difhonor whan he hath a poor 
llealme, of which Men wol! lay, that he 
ley^y th upon beggars ; yet it war mycb 
^eipcer Dyihonour, if he fownd his RcaJine 
riche, and than made it poer* And aHb 8t 

• ■ 

« BemHy i. «, BohtmU^ fxQSft the qU Frwck wa(4 

Limited Monarchy. ^j 

wcrt grctdy f ayenftc his Coofyencey tiitt 
awght tx> defend them» and their Goods, if 
he toke from them their Goods, without law- 
fill! Caiifc ; from the Infamye whereof God 
defend our Kyng, and gyve him Grace to aug-> 
ment his Realme in Rycefle, Wdth, and Pro- 
i^rytc, to his perpetual Lawde and Honour^ 
Item^ The Realme of Frauncf gevyth never 
frely of their own good Will, any Subfydye 
to their Prynce, becaufe the Comons tborof 
be h poer, as thay may not gyve any thyng 
of their . own Gpods. And the Kyng ther ^ 
askyth never Subfydye of his Nobles f for 
drede that if he chargyd them lb, thay would 
eonfeire. with the Comons, and peraventure 
putt hym downe ; But our Comons be riche » 
and therfor thay gave to -their Kyng , 'at (urn 
tymys ♦ s Qjinfimes and Difincs, and oftrai*^*?''^* - 



f This Is after the manner of the Saxons, and c^n^es-^^^*^ 
from the S«on word ajed, and turning the g into y ltL^^^' 
is ^^*, and from thence, ayeffft^ that is, agaifffi. Sonux. 


« Qma^mt , from the Frepch juififieme, a fifucmh^ vx 
our Records called ({uMa decimA. This was a Tax grant- 
ed by Parliament in the i8^ Year of Edward h which 
was a fifteenth Part of all moveable Goods. The Title 
of the Account^S^oU is, Qomfotus qusnt^e^dednue Regi^ Aw. 
18. per Arsbiep'ifcafof^ Epifiofos^ Abbates^ Priores^ Camitcs^ 
"Barw^Sy ^ ontffcs alios de Regno ^ deomnibt^s bonis fuss mo^ 


J4 Of Absolute ani 

tymys other pftc Subfydyes ^ as he hatti^ 
^ firy ncdc of their Goods for * die Defence of his 

!r •'^^ */fi*jw f o»^<^. The City of Limion this Year paid for 
Xeabne^ their fifteenth , z86o/. 13/. Sd. Many compounded 6r 
LiUd* fined fdr this fifteenth, as did tHif Abbot of Sti EJnumds 
this Year for 6661. t'^Si ^d. and thereupon, had his Dif- 
charge of the fifteenth of all his temporal Goods, and the 
(Soods 6f his CJottVent, ilnd his Villains^ and the Men of- 
the Whole Town of St; Edmlmds^ faving the King's fif- 
teenth of the Goods of all other free Tenants of the faid 
Abbot and Conrcnt. Ill the 12^ and 23^ of £^. I. there 
was a tenth granted, of all temporal Goods, and a Moi- 
ety of the Benefices and Goods of the Clergy. In 34 
Md. I. a thirtieth Part, of all temporal Goods was grant- 
ed ill t^arltament, for the Prelates , and great Lords y and 
the whole Conmionalty of the Kingdom $ and a twenti- 
eth Part of the Goods of all the Cities^ Burghs and King's 

^ The ancient way of coUeSing thele fort of Tajres was 
^us ; There were two chief AfTeirors appointed by the 
King , in every Couhty^ who appointed twelve in eve-* 
tj Hundred, to rate ^ery Man^s perlbnal Eftate jiccord- 
ing to the true Value ) and then to levV a thirtieth or 
fifteetitb part of it, as it was granted oy Parliament; 
aii^ thefe Aflefifors i^pointed alfo in every City and Bo- 
rough, and Town of the King's Demeans^ luch, and as 
many as they thought fit , to enquire into every ^an's 
petfotial Eftate there, in order to have tKeiii ftiTdflekly 
and the Tai levied in the fatne inatiiier as in the Coun- 
ties. In the 8^ Year of EdvJard IIL upod Coihplunt by 
the Parliament, that the Afifeflbrs and CoUeSors did, by 
Bribes, vary frdih their former Atfeflttiehts of the tenth 
atld fifteenth , Commiffioners were-fent into all the feve-' 
ral Cbuhties to agree atid coiiipotmd them ; and thereup- 
on the tenth ftiid fifteenth vvere then firft of all fixed and 
fettled) what evety TdwH and County was in partfaular 
to pay for the fame* Dr.BradyofBMrgs, p.z6fi7i^. 


Limited MoNARCrtv. i^ 

Rcaline. How grete a Subfydyc was it, whaa 
this Rcalme gave to their Kyng, a f Qpin- f Q^yn- 
fune and ^ Difme QuitiquitiaU , and the ix^^^^J^ 
Fle« of their WoUs, and th6 \x^^ SchefF O^Jg^*"* 
their Graynys, for the Terme of fiv6 VerS.D^L 
.This might thay not have done, if thay ha42jj^ 
ben empoveryfliyd by their Kyng, aS the Co^/lmeqmm^ 
tHoni of Framnce ; nof fiich a Graunte hath^J^'* 
byn made by any Reahne of Criftyndome, of 
Which any CrOnycle makyth mentioq. Nor 
liofl other Aeahne ^ may, or hath Caule to do 
lb. For thay have not fo mich Fredome ifi 
then: own Goods, nor be entreaty d by lb fa- 
vourable Lawys as we be , except a fewe Re- 
gyons before Ipecyfyed. Item^ Wee fee day- 
ly, hoQ Men that have loft theur Goods, and 

^ Difme Qsfiftqminall , fignified a tenth of at Coods fir 
Jive Tears together ; Mfine^ from the old French Jefiefme^ 
and quinquinaB^ from the Latin qtunqnemuiUs ^ qmod fit 
quittto qtioquo amto. Perhaps our Author here might ufe 
this word in altnfion to* the French word qmhtqaemtellef 
which fignifies a Term offive^Teor/y which a Debtor did 
fometimes prevail on his Cteditof ^ by reafon of his Po^ 
verty, to give him fof Payment of his Debts ; which we 
call a Letter rfLUenfe. Ftcm thence comes the French 
Ezpreffion, faire qtunquemtelle^ to become aBaftkmpt. The 
French have alfo Qmnquennon^ which is a ProteQion 
granted) or Refpite given, by the King to a Debtor, who 
makes good Proof of fome great Lofs or Calamity, hap* ' 
pening fince the Debt contraSed. Nicot* Cotgr^ 
*■ i i« e. tai$0 


^6 Q/" Absolute W 

be €iUyn into Povertie, becomyn anon Robr 
bos and Thefes , which wodd not have be 
libcb, yf Povercie had not brought them there- 
to. How many a Thefe than wer like to be 
in this Land, if al the Comons were poer. 
The ^xtteft Sewcrtie truly, and aUb the mod 
Honour that may come to the Kyng is, that 
his Rcahne be riche in every Aftate ; for no- 
thyng may make his People to arile , but 
[ Codffy lacke of ^ Goods, or lacke of Juftyce. But 
""^' yet certeynly whan thay kdt Goods thay 
will ariie , fayyng diay lack Jirilyce. Never- 
thelefc if thay be not poer , thay will never 
aryfc, * but if their Prince lb leve JuIHce, that 
he gy v-e hymfelf al to Tyrannye. 

I im if, fignifiei ml^jf ^ctft, vid. ^e. 


Limited Monarchy. 


Chap. XIII. 


On^lj lac^e of Harte, and Ct/tPar- 
dife^ k^fyn the Frenchemen from 

POvertie on61y is riot the Caufe,^ why the 
Comons of FrauHce rife hot ageyn theur. 
Sovdyng Lord ;_ for there were never 
People in that^Lond more pore, then wer in 
oiir Tyme , the Comons of the Cuntrey of 
* tiduXj which was ahnoft deferte for lack of 
^ Tyllars ; as yt now wel apperith , by the 
new Husbondrye that ys done ther ; namely,' 
in grobbyng, and ttockyng of Trees, Buihes, 
and Grovys growyn, while we wefr ther; 
Lord$ of the Countrey/ . And yet the forelaid 
Comons of Caux m^de a marvelous grete Ry- 
fyng , and toke our Towny s , Caftells , and 

a Caux is a Province in Ndrmandy in France^ of which 
Diep is the chief Town ; in Latin it is called Caietenfis 
4^er: Cafar calls the Inhabitants Caktes ; and in French 
^they arc called Cauchois. Nicot. 

b T'illarSj comes from the Saxon Verb t^ihan, laborare^ 

.'to take pains ^ to toil ; from thence comes l^iba, or 

Cop^-Uilia, a Hfisbandman ^ aLiibourer^ or Toihr in the 

Earth. Somn. Didi 

H Fotrefles, 

j$ Of Absoldt fi Aid 

FortrefTcs , and fclewc our Captayns and Sof- 
diers, at iiich a time* whw we ha4 but a fewtf 
Men of War lyyng in that Gontrey ; which 
provith that it is Cowardife and lack of Hart«a 
and Corage « that kepith the Frenchmen froni 
tyfyng, and not Povertye ; which Cpr^o na 
Frenche Man hath like to the Ecgliih Man. 
It hath ben often feen in ^ England that iij«. 
or iv«'. ^ Thefes, for Poyertie, hath fett upon 
yij. or viiji ^ true Men, and robbyd theni al. 
But it hath not ben feen in Fraunce; that yij. 
or viij. Thefes, have ben hardy to robbe iif^ 

« Eftgbnd ; from tfue Saxon Gnjla-lanb, England y fo 
called firft of all, as i» commonly repnted, by Egheft^ the 
txSi fole. aT\d. abfolute Monarch of the Engliflt ^ of which 
the learned Prelate Bifliop Ufi^er takes notice, in his Bra^ 
iann, Ecclef, Primordsa^ f. io8. iioVr- Engla-landj wotd 
for word , fignkies the Land tf EngU/b Mtn^ for the Sfr- 
?oa word enjle, figoifi/es jlf^Uj E^Ufime^^ Soaup^ 

pia. . . 

^ From the Saxon J^eop, a Thief; the plural Number 
Is Jeopef. This comes from the Verb J>eopian, u 
tii^ve ; ]'eop{)y fignifies Jhllen^ or tbepued ; and, 6ont, 
thence comes the Saxon word, jj'eof^e, and from thence 
our Englifli word, Theft, Somil. Did. 
/ « 7r«r il2^»[9 i. e. honefi and juft Men \ it is a Saxoa 
word wuote tiius, rpeope, fidelis^ jnfl and faithful : la 
the Superlative it is ^peopcfta, fid^liffimnsj wofi trne^ of 
iruefi ; in Dutch, tfauliie* This comes from the Saxon 
Verb Vpeojtaai^ JHftificare y to clear tone's. Innocence.. So 

. ZfiCQ^fAiS^c^ {\p\At% a ftrfiMfms Mm^ fMthkfs^ ox trntln 
lefsi in Teutonick, trottM4oo0t Somn, Di& 



Limited Monarchy. 5^ 

crmf. true Mcto., Wherfor it is right ^ fdd, 
tte French. Meo be bangyd for Robbcrye , 
fef thatj thay harre no Hcrtys to do fo ter- 
rybjb an Ade> ITiere be thorfor «mo Men 
baagjd m England ^ in a Ycre , for Robbc- 
lyc , and Manflaugbtcr , than .ther fee hai^id 
itt FrMOee , fo« fiidi Caafe of Grime in vij. 
YfitSi. There is no. Man haJigyd in h Scof- 

^ ^ n^A/ yJ/</, 1. e. very rare ; for 'r^l&, in the Saxon fig- 
nifies rarey unufuaL vid» ante* 

8 /*fe, here ffands for the Saxon word ma, which fig- 
jRicsfluresj or more : Sometimes k fignifies magis^ ratier ; 

'P Be ma ham-peap& papan Jonne lenjg ya^p hibo > 

i^e. that he may rather go homewardy thifm ahide hng there. 

H Scotiamd^ is a Saxon wofd, and is wrote thus Scor- 
Iznby aad foiDjetimes Scot^Ca-ealonb, which fignifies 
beiamiy as well as S^othmdy and origiinjaUy fignified /r^- 
Itmi^ lkf(M» it came to fignify Scotland. So 8corraf ^ in 
S^tt^^i figniies Inp-nteHy as well as ScHch^mien.y and 
ScoCTt^ Leod, is Ge«f Hihermcay item &ro^V<«, a&^ /rz/fc, 
6g «Sa«^ Ai^Awp. So the Latin Sfoffts m thofe days fig- 
nMed dA hijh^mmy as well as z-Seotch^man ; as, the fa- 
mous Johannes Erigena , was caMed Johannes Scotus^ ^ and 
h« ^4s aft Iri^many and not a Ssotch-man, He was 
l)Qffn iii Ireiaady, but, travelled into foreign Parts, to learn 
tji6 EaAera Langaages, and at lail went into France, from 
^vtbtnce be was invited as one of the Learned of the Age^ 
iotKi Bi^glatrd^ by the great King if^/^ and in ^heMonafie- 
Vf of Maimsimy^ met with the difinal Fate^ of being ftabbU 
tt> Death witfe Pett-knlvcs^ by his own. Scholars. 

N6w the ScotSy^' lis fupi>ofed^ t<?ak .their Name i Scy-* 
this, becauie the Scythians firft came into Ireland, and 

Hz ' made 



loo Of Absolute ani 

lahii in- yij. Yers togcthd:,' &k Robbeiy«?J 

and yet thay be often tymcs hangyd fof- 

*Larce' * » Lacenye, and Stelyng of Goods in the 

'^'"♦^'Sb.Abfence of the Owner therof: But their ^ 

i hem, Harts ferve f them. not to takfi a Mannys 

\. *^*- Goods , while ho is prefent , and will defend. 

it ; which moner of takyng is caliid Robbe^ 
ryc: But the Engliich Men be of another 
i Corage ; for if he be poer , and fee another 

Man havyng Rycheffe, which may be takya 

iilade a Cotlquefl of that Kingdom, aitd aftctwirds mv^r 
ded Scotland^ and beat but thfc Inhabitants from thence, 
and fetted themfelves there ; and fo the Scoti^ or &ythiy 
becoming the Inhabitants of both Nations , Scotloftd an- 
ciently came to fignify Ireland^ as well as Scotland: So 
the word Scythia , after that feveral Colonies from that' 
Place were planted ih Ireland^ and after that in Scothufdy 
in Procefs of time, by Corruption , as the mod learned 
thinks was turn'd into Scotia^ and fo gave the Name tcr> 
both Kingdoms. Now the Scythians got their Namr 
from the old TfcutOBick Verb fci?tiin ; in Saxon rceoC^J, 
fagittare , to poot , or a^ Darts ; from the wonderftil 
Skill and Dexterity they had, beyond .all Nations, of 
throwing Darts- Somn, Ven. Bede^ lii. i. ca, i. lib, z^ 
^ajf,, Alfredi MagniVita^ lib^x. ^» » 

i Lacenye^ for Larctny^ from the old French word I.<w-» 
recine^ in Latin Latrociniutn^ TTseft j and this conie^ from 
tht old French Verb larreciner^ which is the fwie' with 
larroner^ to Jieal ; from whence comes LarrmeaUy a PH^ 
ferer^ a little 'thief 4 From hence is our Law word Lar^ 
^ny^ which fignifies Theft in general, and is divided intl> 
Grand and Petit Larceny ; the firft is a Theft ^ the vaiiie 
cf Jid. and the lait under ixd. Nicot, 



LiMiTpb Monarchy. ioi 

from him by M^t, be wol not ^re to do 
fo , ' but if , that poet Man be right true. 
Wherfor, it is not Povettie, but it is kcke of 
Harte and CowatdiTe, that kepyth the Fiehch 
Men ftom tyfyng, . 

* ■ ■ •« Art 5^ i. e. rxnft. 

H 3 Chap. 



• » 

i * 

0/ Absoivti and 

Chap. XIV. 

Hereafter is fchercpydy vphy it ne- 

dith that thttr he a Kefumpcion^ 

\^: and a Gramt of -f- Goods^ made 

to the Kyng. 

THIS Serche which we now have made, 
for to 'hndetftond hau harmefoU it 
would be , to the Kyng , and to his 
Keaime, if his Comons wer poer, hath ben a 
DigrefSon from the matei: in which we feibor ; 
, that is to lay, for to underftond hou the Kyng 
may beft have fufficient and perdurable Ly ve- 
lood, for the Suftentation of his Aftate. Wher- 
for it behovyth that we now fefort to the 
Poynte in the which we left , which, as I re- 
member, was this. We found hf grete Cau- 
fys , that yt was nedefoll , that ai fiich Gyfts 
as have ben made of the Kyngs Ly velood ia- 
confiderately , as not deferVyd , or above the 
Merites of them that hath getyn them, were 
reformyd ; fo that they which have done Ser- 
vice , be not onrewardyd. Which thyng, as 
me thynkith, may not pcrfitly be done, with- 


Limited Monarchy. io| 

put ft genferli Rfcfiimj^ioii » jsAdthf Adc bf 
P&rlemefic ; aad that tber bt gevyn td the 
Kyng by the A^6tbiite of th« femt Parlcmentk 
a grete Subfydye» with which his Hyghnefi* 
with the Advyfe of his Cftunceile, may te-» 
w«nl thbos that hayt delenryd Rewards ; and 
ai%ht nofc therfor to have part of l^is Reve-' 
duz, by which his Aflate mtikft deeds be may n^ 
cenyd ; ot aught not to have fb moche df 
thd Revenuz , its thay have now, or not foo 
grete Aftate in the (ame ; confyderyng that 
al iuch geVyng away of the Kyi^s Lyvelood, 
is harmM to al his Lyi^emen, which fchal' 
therbye, as is before fchewyd, be artyd to a 
new charge, for the Suftentatioh of bis Afbte, 
But yet, * or any fiich Rdumpcion be made, 
it fchal be good, that an ^ honorable and no- * ^ 
table Conceile be eftablifchid , by the AdvyfelS; 
6f which , il newe Gyftes and Rewards may. 
^e ^ moderid and nmde , as if no fuch Gyftea 
Ct Rewatck had been made befote this tiwe; 
Providyd alway, that n6 Man be liarmyd by 
reafott of fiich Refiimpeioa, in the Arrearages 

of fuch Lyvelood sis he fchal f than have, +><*», 

» Or J this ftaqds fqr tte Saxon aep, whichj^ aslhavf 
^ready mentiOn'd, fignifies, befsre^ ^ere. 

b Moderid; i. c. moderated^ ftom the Frcwb Verb *»o* 
i^rer^ ta mdfrafi^ \ mdex^^ mod^rated^ t 

H 4 which 


104 , 0/ Absolvte afkl: 

*J^^^y which fchuld * « ron after the Rdtimpciofi ^ 
and before the (aid new iGyftes and Rewards. 
And when iiich a Conceil is fully create apd 
eftablilchid, hyt ichal be good that all Suppli- 
cations which fchal be made to the Kyng, fer 
any Gyft or Reward, be fent to the fmxc 
Counceile, and ther debat;^ and delibered '; 
firft, whether the Suppliant have deJfovyd iuch 
Reward as he askyth : and if \\c have defer- 
vyd ytt , yet it nedyth that it be deliSerid , 

» • 

♦ c /te„„e ; froh^ the Gothick KIHHAH9 riff»an^ cur- 
rere^toruff^ KANHfj rann^ cucurrit^ he ran. Marc. 5". 6, 
and 13. In German, it is riniian, to run ; in Danifli, 
tfnJut ; in Dutch , tenneti* Among the Saxoqs a^jii^ 
V or ypnan , is to r^n ; which by the Tranfpofition of % 
Letter is paenan, and the old Saxons ufed pman , and 
Jjynan , to run ; and in the moft ancient Monuments 
we. find pynO;, to fignify a Courfe fir runnings and Rf- 
nel, or Rynol, ^ Runner. But rinnan:, among the Goths, 
fignified to flotv , or run as Water does , as well as to 
run a Courfe. So among the Saxons , Ryne-jJet^sepa • 
fignificd a IVatercourfe ^ or Run of Water ; and fomc^ 
times they ufed Ryne alone, to fignify a IVatercokrfe. 
Froiii hence, Somner fays, cajne the Name of the River 
Rhine in Germany^ fo called from its rapid Courfe, as he 
thinks ; but Jumus fays 4t comes from the Saxon p^ui, 
that fignifics f »r<, from the Cl^arn^ of the Water ; th^' 
the Purity may be the Effefl of the Rapidity ; for the 
more rapid any River is, the more pure is the Stream. 
From hence it is, I fuppofe, that in SomerfetfoWe they call 
the Streams and Rivulets between their Moors, which oil 
Floods rife high, Rhnes to this Day. Somn. DiS. . Mor 
r^fcai Evangel. Glojfar. Gothic. Sfehn. Sax. Pjal.i.i. '* 


Limited Monahchy. 105 

%)ietlier the Kyi^ may gyve (iich Reward as 
lie askyth ^ of his Revenuz , lavyng to hym- 
iclf luffy cycnt for the Suftenaunce of hys A- 
ftate ; or els fiich.gcvyng war. no Vcrtqe, but 
rather a Spic6 of Prodigalitie, aad as for ib 
much , it were delapydacion of his Crowne. 
Wierfore no pryvate Perfbn wol, ^y reafon 
of Ljiberaiite, or of Reward, to abate his own 
J.yyeldod, as he may not kepe fiich Aftate gs 
he dyd before. And truly it war better that 
a pryvate Perfon lackyd bis Reward which 
lie hath wel| defervyd , than that by bis Re- 
ward the Good Publike, and alio the Lond 
were hurte. Wherfor to ^ efchewe thees two 
^armes, by t may than be ^vyfcd by th^ 
Counceile, hou fiich a Perfon may be reward^ 
cd with Office, Money, Maria^e, Fraunchife, 
Privylege, or foch other thyng, qf whichc 
the Crowne hath grete RychefTe. And ve- 
rely if this Qrder be kepte^ the Kyng fcfaal 
not be greyyd by Importunyte oJf S^wt^rs, 

d Efcbev)\ from the bl4 French Verb efibever^ io Jhum^ 
lend from j tfcheviy ^fchew^d^ fi^'^ fe»^ Or bow'dfirom * 
tfcbeu^ trfaSetf ^ iaffcft^J ; efchevemem^ Jbummng^ bendr. 
ing from. This probably comes from r^, and the old 
Francick fcufan; in old Daniib, utfcafa; in Saxon ut;<r 
fCUpan^ detrudere^ propulfarey • to Jh^Vf, offy Jta^ off^ . or ^fe-s 

{^c^from. Ni?ot/Somn. Di^, 


106. of Absolvte and 

not thay fchai by lo^rtunyte, or ^ BrcK:bage^ 
optayne any unreaibnable Defices. O wbac^ 


« Brochage ; this is fpokcn In Allufion to fuch Sums of 

Money as are ufually given to a Broker to Lmdim j fbr 

the Sale of any Commodity. A Broker is an ancient 

Trade in the City of London ^ of many hundred Years 

ftanding , and formerly they were Freemen , and uftd to 

))e cbo&n otit of fome of the Companies thfere, and al^ 

loi/y'dand approv'd of» by the Lord Mayor and Aldermen, 

for their Integrity and Ability, and ufed to take an Oath 

to demean themfelves faithfully. 

Their Bafinefs was, to go between Merchant andMer- 

<* chant, or other Trader, and to make and conclude Bar-* 

gains between them , for the Sale of Commodities , and 

for the Loan of Monia ; and this Trade was called Bhf- 

kerage^ or Broktry^ This was ever efteemM an honeft 

and fair Trade, and way of living ; and is very different 

from that of the modem Brokers^ commonly callM Pawn-^ 

ifrtfkcrs y who affume to themfelves the Name of BroiirJ^ 

thd* it does not belong to them. For a Pawn-broker , ia 

the Eye of the Law, is not efteemed an honeft or lawful 

Trade, and is fo declared by Aft of Parliament, which 

calls them counterfeit Brokers ; they being properly what 

the French call Erifiers^ i. e, fuch as mend and trim up 

old Garments to make fale thereof. In barbarous Latin, 

Brocarius is a Broker^ Satut. GUd^ Berwic. ca. 27^ Std^ 

tuimus quod Brocarii fint ek3f per Communiam Viiie^ qui 

dabunt Jingulis annis unum dolium vinu Bro^arius^ among 

the ScotSy according to Skene^ fignifies a Mediator^ or /»« 

fercejjor^ in any Tranfafiion, ContraS, or Bargain ; and 

this fills in with the Civil Lav^ Term, which is Pf-oxene^ 

ta^ Pararius ; a Go-between y Mediator ^ or Preparer of 

Conti^Ss and Sales. I am apt to think the Original of 

this word is Saxon, and that It conies flom the Vett 

bpeacan, to break, and from thence you have bpocob^ 

which fignifiQs a B^krupt^ ox Tra4<r krak^ J w4 tbat per-^ 

1 . •* 

* • 

Limited MonAtiuchy. 107 

Quyetc fchal growe to the Kyng by this Or- 
der ! And in what reft fchal all his People ly ve ; 
havyng no, Coioiir. of ^chyng with fuch as 
fchal be aboute his Pafone, as thay \feei 
wonte to hwc , for the gyvyag away of hte 
Lands, and for the Mifcouncelyng of hjjm in 
many other Caufis ; nor of Murmour ageync 
the Kynges Perfon , for the My%oyemyng of . 
his Reine ! For in this Counceile inay be De- . . : 
termynyd, every Cafe of Deficulte, * or the *leJan, 
Kyng do any thyng thcrin. And the wife 
Man feith, «*i multa Concilia, ibi Salus. And 
truly- fii«:h a contynuall Counceile, may be well 
aoAyd, Mulfa Concilia, for it ofte and every 

day Councelyth, 


htps tm come fcxm the S«on bpoc, which Cgnifies 
Midnrtmu, otAivcrfity, that bdog tbe.gpner»l Reafon of 
an honeft Man's Breaking. And in all prol^lky, this 
NidneBr^Arr, came from one who was a broken Trade^ 
imo; ibr \% Jsftppofed, that none were adnuttcd to l^ 
Errbnt ficbls had been fair Traders, and baji brtkc 
?;Sfo^r^d compoilnded with their Creditors '; - 
Sd thrthereby ( there being a Efficient Teft'mony of 
their Hontfty) they wonld be the b^ter^qnjdifyM for Jch 
Employment .y^'^.i'^-J-*^' ^*'^'^' &«.»,^-'. 

r «»> 


|o8 Of Absolute and 

Chap. XV. 

. HoftP the Kyngs Conceit^ may be 
heft Chojyn and Eftahljfchjid, 


^mttedj > ■ \ H E Kyngs Cowceilc was * • wont to 
^*^ I be chofyn of grete Princis, and of the 
'"*" gretteft Lords both Spirituellis , and 
Temporallis of the Rcalmc, apd 9i£o of other 
Men that wer in grete Audorite , and Offices, 
Which Lords and Officers, had nerehand as 
many matters of their own , to be trcatid io 
the Counceile , as had the Kyng. Whertho- 
jfOW, whan thay came togeders, thay was fo 
qccupyyd with their own maters, and with the 
maters of their ^ Kynnc , Servaunts , and Te- 
naunts , that thay intendyd but lityli , and 
Otbcr while no thyng, to the Kyngs maters. 

f Jf^m; cojpi^s from the Saxop |;epunian, orpunian, 
iffp^fcney tonfe^ toaectifiom^ to be v^ont. TfeeParrtci- 
pie of that Verb is jepunobi or punot>, wm. Sojpi. 


b Kymu^ from the Saxon Cynnc, or ?^yn, which fig-« 
nifies Genus ^ Gensy Progenies ^ ^regeny^ Kindred, Cyi"^ 
jjecenne, fignifies a Geneahgy or Pedigree. Eyne-cyn^ 
^gnifies Regalisy Royaly or word iq^ wpyd^^ th^ K^f* ^ 4 


LikiTED Monarchy. ro>' 

And alfo ther war but fcwe maters of th^ 
Kyngs, t Iwt if the £ime maters :{: towchid al- fie «- 
fo the laid Counceylors, their Cofyns, thait^^^J^^^ 
Servaunts, Tenaunts^ or fueh other as thay^»' 
owyd Favpr unto. • And what lowar Man was 
than fytting in that Counceile, that durft fay 
ageyn the Opynyodn of any of the grete 
Lofds. . And might not th^ Men nuke, by 
Meanys of Comipcion» firai of the Servamits 
and Counceillours of fbme of the Lords, to 
move the Lords to Parcyalite^ and to make 
them i^vourable and parcyal ^ as wer the fame 
Servaunt^, or the Parties that fb movyd them. 
Than. could no mater treatid in the Coun-* 
ceile be Repte Privy and Secrete. For the 
Lords oftyn tymes tould to their Cdunceylbufs^ 
and Servaunts that had fewyd to them fot 
the maters, hdu thay had fped in them, and 
\^ho was ageyn them. Hou may the Kyng 
be councelid, to refbrayne gevyng away of 
his Lond, of gevyng of Offices, Corodyes, 
or Pencions of Abbeys , by fiieh gret Lor& , 
to other Menys Servaunts , fythen they mofl 
defyer fuch Gyfts for themfelf, and their Ser- 
vaunts. Which thyngs confyderyd, and aJfa . 
ihany other which fchal be fchewyd hereaf^ 
ter ; hyt is thought good, that the Kyng haxi 
a Counccile chofyn and eflablifchid in the 


Ito Of AdsoLUT^ and 

Botmne tluc fottowith, ot in (6mA' bmat 
Fbttcme like thantfitou Fiift, that ther wer 
dbo€ynti$.T&apat$OiTMctH and xij« %)iticaatf 
Mea of tbe wiidO: and beft^dif(^^ 
tm be femd m ai the P^es of the Land 9 
sad that tlsMy be fwome to coimGeik the 
tkt Kyag, ^er % Fouraoe to be devjfyd for 
tk^ Othe» And ia efpecyaU^ thaK thay Ichai 
t^c no Fee , ikh: Clothy ng , nor Rewande of 
a&y MWf^ exoepte only of the Kyng^ Icke 2& 
^c JttfUces of the Kyc^s Beocbe , suod of the 
CofOBion Place be fworjoie^ whaaa thay take 
their Offices. And that thees xxiv. Msa he 
♦i-cfjr^-alway CoTOGeilors* *but if ther be aay De-^ 
&wte fbwnd ia them » or that *yt lyft the 
Kyng, by the Advyfe of the more Partic of 
them » to cbaunge any of them. And that 
CNrety Yere be cbofyn by the Kyng, iv^^ 
Lords Spiritual , and iv^"^^. Lords Temporal y to 
be for that Yere of the fame Counceik, in like 
fourme as the iaid xxiv. fchal be. And th« 
they al have an Hcede, or a chcflfe Ruler « 
cane of the £nd xxiv. and choiyA aad ap* 
poincyd by the Kyng , bavyng his Office M 
the Kyngs Pkafcre ; which may th^ be caJk 
Iid» Cafttalis Onciliarius. Hyt fchdi not be^ 
^ meccflarye, that the xij. Spiritual Men of th» 
Cowccile^ haye fo grete wa^ a$ the xij. Ton- 



(T ' 

Limited Monarchy. 



|ioral Men, becatife they (chat not. nede to 
kcpe tak Houfehotd in their CoimtFey, while 
thay be ahlent, as the Tpmporal Men muft 
iteeds do , for their Wives and ChiWrcn. Btf 
which Cdniydef atfon , the Spiritu^ Juges di 
tfce Gquit of PafJenaent of TarU , takyn bur 
CC. « Franks by the Yere, whereas the Tern- 


c A /r<i»^, was a. Freftcli Gold Coin, which anciently 
Was worth but one Sol Tourmts^ or French Shilling, but 
now k is not current, but in computation is twenty 
Sous , and is ufed among the French to fignify the fame 
with a Fr^pch Lii^Cy^ or P^Mro/^ which is ahoiit twearjt 
of our Pence* Ther^ were tWQ fourth of fr^fSy oncf 
caird Franc a Cbaval^ whftch wasf coiiv'd in th« Rejgn c^ 
K. John of France* Of this, Monfieur U Blancj in his ex- 
cellent Treatife of the Coin of France^ p. 25-7. fays, that 
the filth Species of the Coin of K. John was caird^ Franc 
d*Or fift, a Frank cffneGotd, which weighed fomethin^ 
more than & Dram* It was fo caird, becaufe it was o£ 
the Valine of a Franc, or Pounds that is , twenty Sms^ 
King John coin'd this Money in* the Year 1360. in £/- 
ward IH.'s timpf When he returned ranfom'd from Eng-^ 
hnd, having 6cn taken Prifoner by Edward III, Thefc 
Francs d*Or were^a Tong time current in France, bat fcarce 
known at this day. This Species of Coin , which wa* 
worth in Edward lIVs time, but twenty Sous, of a Livre^ 
is worth nowfevenL/t;r«i, which fhews howtheVaRie of 
jt French Z»/zw is diminished, fincc the Year 1360. It was 
called Franc a Cheval, becaufe the Rrench King was re- 
l^efented on this Coin, mounted on Horfeback, and arm- 
ied C^ a Pee , brandifhiag a Sword in his Hand. The 
other fort of Franc i» called Franc a Pie, which Mr. Le 
Blanc makes to b^ the^fame in Vatec with the Fhrin d^Or, 
(fi) called from tlia Bcnr des Lis, yfhkh is tha Arms^ of 



li2J <)/^ ABSottJTE anl 

porall Jnges thereof; takyn by the Yere CCG^ . 
Frankes. The (aid viiji Lords alio, which, by 
xt^ioa of. their Baronies and Aftats, ben to the r 
Kyng always, Confiliarii nati, and therfor 
ot^htyn to counceile him ^ al tymys whiln, 
he woll , nedyn not to have grete Wags for 
their' Attendaunce to this Conceile ^ whidi 
ihall lad bid: for a Yere. For Temporal Men, 
which by reaibn of their Enheritaunce and 
lyvelood , been made * Scheriffs for a Yere, 


fttf^ftnte^ b^tng !ittprefs*d upon it) ilnd Was called lb, to di- 
ftinguiflr it from the Franc a Cheval ; for upon the FroMc 
i Picy the King* was reprefented on Foot, as on the 
tther, on Horfeback. Monf. Menage Etym. France Ni^ 
cot. DiS. 

^ Scberiffs ; this comes appai-eiitiy froiti the Saxons , 
and is called in that Language, Sap-jepep, that is, in 
]^ngli(h, Governor y jor Reeve of the Shire '^ for Scip, or 
ScipC) fignlfies Shire^ Or County^ and Eiepepa, is a Go-: 
vemarj or Prefident i and from thence comes our Englifli 
word Reeve. Hence alfo comes GrafJkio^ or Gr*^, for 
an Earl J or Governor ; alfo Gravio and Grayius ; for a 
Jiu^e ; in Dutch (Btate* Now the word Scipe, tho' a 
Subftantive, is fometimes compounded with other Nouns^ 
and fo receives ah adjedive Signification ; as 8cipe*bi- 
jceop, the Bt/bop of the Diocefs^ or Shire Bijhof ; 8cipe^ 
pernor, the County Courts County Meetings or the Meet* 
if^ (f the Shire^ in their Courts , held for the Counties ^ 
which, in thofc days before the Cqurts jax IVeftminfter 
Were erefted, were the chirf and fuperior Courts in the 
Kingdom. Among the Laws of King EJgar^ you fin4 
this Law:, Sece xnon hun&pe^ ^^naore. -3 bsebbe 
\ mon 

XiMtTED Monarchy. 113 

takyn of theKyug lityl, and^Jmoft no thyng 
for their Service of that Yere. And though 

^ that 

mon j|?jiipa oh jeap bupli-jemote. *j t^ ^cipe* 
gemote. *j ^sep beo on ^sep Scipe-j^mote Bi- 
fceop. *j fe eateopman. ^3 J)aep jGl5l>ep reacan je 
Irofter pihte. ^e peopute pihre : which in Engliih 
is thu)s ; Let the Hundred Court be kept as anciently it has 
heen ; and let there he three "Borough Courts^ and two County 
C-ourts in a Year. In luMth County Court there pall be a 
JBfJhop^ and an Alderman or Earlj where one pM jHdge ac*- 
cording to the Common Law^ and the other according to the 
Ecclejiafiical Law. Inter Leg. Edgar. Polit. ca. 5*. & Car 
nut. Polit. ca. 17. This Law is the Foundation of what 
Ifaid before, touching the Bifliop and Earl's fitting together 
to judge and try Caufes in the County Court. So that it 
appears in thofe times that the Power of Church and State 
were both united ; and indeed it is evidently true, what 
the learned Dr. Inet fays in his excellent Treatife of the 
Antiquities of the Englifl) Church, that from the firft Set- 
tiemeht of Chriftianity among the Engliih, the Ecclefiafti- 
cal and Civil Power mutually affifted each other, and that . 
the ConiVinaion of thofe Powers appears as ancient as the 
firft Foundation of the Engfith Government ; and thiere 
is a Law ftill extant whereby King William" xi^'t Firfl: fe- 
parated the Temporal Courts of Juftice , from the Spiri- 
tual ; and this gave Birth on the, one Hand to the Ec- 
clefiaftical Courts, and on the other, to the King's Bench, 
by Wfithdrawing the BufinefsYrom the County Court, and 
Hundred Court , where all Law Bufinefs was before 
tranfaSed. . 

Now as to the Derivation of the word, Scipe, in En- 
gliih, Shire \ it comes from the Saxon fcip-in, or r^ypan, 
to divide.^ or j^eyer^ being fo called from the firft Divifion 
df the Kingdom into fever al Parts* This leads me to 
take notice of my Lord Coke*^ Derivation of this WoVd 

\ Sheriff 



114 0^ Absolute and 

that W^es of the laid xxiv. Counceilours, feme 
a new and a gf ete Charge to the Kytig ; yet 
whan it is confiderid , hou gretc Wj^cs the 
grete Lords , and other Men , which wer of 
♦ the KyngS Counceile in tymes paflid, tokc for 
their Attendauncc themnto , which maner of 
Counceile, was nothyi^ lb behovefhll to the 
Kyng, and to his Realme, as this wol be, 
which Wags fchal than forwith; ceaflc ; the 
Wages of the xxiv. Counceillours fchal a{^)ere 
no grete Charge to the Kyng. And I can 
iuppole, that liimme Kyngs before this tyme, 
have gevyn to lum one Man that hath fervyd 

Sheriffs who fays it comes from the two Saxon words, Skire 
and Reeve^ and that Shire comes from the Saxon Verb 
Sbiram ; which will appear to be a Miftake , for there 
are no fuch words In Saxon, z^ Shire ^ or Reeve ^ nor any 
Word in that Language, that begins vfithfo. 

As to the Divifion of the Kingdom into Counties^ I 
can't but obferve, that feveral Lawyers, as well as Hi- 
ftorians , have miftaken , in afcribing to King Alfred^ the 
firft Divifion of the Kingdom into Counties y and Cotm-^ 
ties into Hundreds , and Hhofe again into Tythings ; for 
that it appears from the Saxon Laws themfelvcs, andpther 
Authorities, that there were Counties^ long before hi$ 
time, and Earls over thofe Counties^ as I could eafily 
make out , if it were not too tedious ; fo fhall refer 
the Reader to Mr. Seldetfs Titles cf Honour^ Dr. Bradfs 
CoMpleat Hifiitry^ and to Dr. Hickes*s Dijfertatio Epiftcn 
larisy who in thofe Books have clearly made out this 
Matter beyond Scruplfe- Somtt^ Di£f. Hickef. Dijfert^ 

Limited Monarchy. iiJ 

hym , as mych Ly velood yerely , as the laid 
Wages woll GOflie unto. And if the lame Wags 
be thought fo grete Charge unto the Kyi^, 
the forefilid Counqeillours may be in lels Nom- 
bre , as to be xvi^^ Counceillours of private 
Perlbnys, with ij. Lords Spiritual, and ij. Lords ' 
Tcinporal ; fo as than thay be in all x\}^ Per- 
(bns. Thees Counceillours may continually, 
at jRich Howres as fchall be afligned to them, 
comewne and dcliber upon the maters of Der 
iicultie , that fallen to the Kyng ; and than 
Upon the maters of the Polycie of the Realme t 
As hpu the going out of the Money may bf 
teftfaynydt how ^ Bullion may be brought in- 
to this Land , hou alio * Plate , Jewels , and 
Money late borne oute* may be getyn yn 

c Buttson ; this comes from the old French word B/Y- 
/;©», or Billon ^ which fignified all bafe fort of Metal, 
whether of Gold or Silver, that had in it Alloy, and was . 
Gourfer than the Standard, or what was fixed by the Laws of 
the Mint. Money that was not current, or Coin that had 
too much Alloy in it, they alfo called B/i?o»; from whence 
came this French Expreffion , Mettre un piece au Billon, 
that is, to fend apiece of bafe Metal to he recoin^d, Mon- 
fieur Menage fays, it had its Rife thus : Coin that was 
Cry'd down^ and fent to the Mint to be remelted, was 
fuch as was found defeSive in Weight and Goodnefs , 
and being melted down into one Mafs, the Metal was 
found of courfcr Alloy, than by the Law it ought to be, 
and that was called Btlion ; from thence comes the word 
hilldner^ to melt into biUony and Billoneur^ one that embafes 

the Coin. Menage Etym. Franc. Cotgr* Nicot. 

I % ageyn, 


it^' £)/" Absolute and 

^cyn , of which r%ht wife Men may fooii 
find the Meanys. And alfo hou the PricyS of 
Merchaujtidifes, growyn in thisLond, maybe 
holdyn up, and encrcafyd,- and the Prycys of 
Merchaundife, brought into this Lond abatyd, 
Hou out Navye may be mayntcnyd, ind arg- 
mcntyd, and upon fucb other Points of Poly- 
cie, to the gretteft Profitt, and Encreafe, that 
ever came to this Lond. Hou allb the Lawys 
may be amendyd , in (uch Thyngs as thay 
nede Reformation in, Wherthorough , the 
* i. J>arlements fchail * may do more good , in a 

^Lm MM ^^ 

( Moneth , to the Amendment of the Lawe , 


f Monefb ; from the .Sa?on word ^ona^ Monfk The 
Saxons did not call their Months by arbitrary Names, but 
by fuch as did exprefs their Nature^ or Order, or fome pe- ' 
cuUar Quality in thofe Months ; as, 8e popma cpona^ 
figni&ed Jattuaryy or the firjt Month. February^ was called 
€ol-inona^, or the Month of the Sun^ the Stm then co^ 
ming towards us from the Winter Solftice with greater 
Influence. March , was called Wy&-mona^, the boijie^ 
reus Month , from the Saxon folyt), that fignifies Noife , 
T^umult^ or Temfeft. June^ wste called Q)i6-rume/j-ma- 
na^5 Midfummer-month^ hoc^vSt tht Middle of Summer i\-- 
ways happens in it. So April^ is called 6af top-mona^, 
/ Eajler-Month ^ for the fame reafoii. 9^«/y, tvas called 
CTOae&e-rtiona^, Mead-Month^ or the Month when tjie 
Meads ^ or Meadows are fit to be cut. So Peo5-mona%, 
fignified Augufl^ or IVeed-month^ becaufe in that Month 
the Earth was cloathed with Corn. We fay to this day, when 
aWido w wears mourning, thatjhe u in her mourning IVeeds ; 
* ^ ' which 


Limited MoNA^RCHY. 117 

t^an thay may do in a Yere , if the Amend- 
nient therof be not debatid , and by liich 
Cpunceile rypyd to their Hands. ,Ther may 
be of this Counceile , whan thay s lifte to 
come thereunto, or that thay be de(yryd by 
the laid Counceilours , the gretteft Officers of 
the Land, as Chauncelor , Trelbrar, and Pry- 
vy e Scale , of which the Chancelor , whan he 
is prefent , may be Hy e Prefydent , and have 
the fupreme Rule of al the Counceile. Al- 
io the Juges, and Barons of th' ^ Efcheker/ 
. . V the 

which word, IFeed^ comes from the 5axon ^eob) a Gar-», 
ment. And laftly, December^ is called Q)i6-pmrep-m6na'S, 
or Midtvinter-monthy becaufe it falls in the Middle oflVinter, 
From CPona^, comes the Compound QJona^-j-eoc 5 
a Lunaticky ox one fick every Moon. Somn. Did. 
r g Lift ; this is a Saxon word, from the Verb liyran, 
• dejiderare^to defire^ and fometimes in the old Englifh, to luft. 
^ Efcheker ; this word comes from the old French 
word , Efcbequier^ the Exchequer^ in -Normandy ; which 
was a Court held by the high Jufticier there, wherein the 
Sentences and Decrees pronounced by Vifcounts, BailifF$ 
and other inferior J ufticiers were cenfured, and amended, 
\ This was a Court held upon extraordinary Occafions^ 
but ^t no (i];M Period, till the time of Philif the Fair ^ who 
prder'd it to be held twice a Year, and was made a So- 
yereign Court, and fo remains to this Day. In barbarous 
Latin, this Court was called Scaccmum , which fignifyM 
a Chefs-board^ and that from S^aci^ Sa^cci^ Chefs-men^ or 
ichacchorutnl^udus^ thePhy ofCheJiy which was in FreiK^h 
caird le jeu des EfihecSy fo call'd, fqme think, from th? 
Arabick Scach^ which figOjifies King^ being the Principal of 
th^ Qheft-men ; or pith^r^ from the Qerm^n ^vacl), i, ^. 

I 3 Latroy'^ 

ii8 0/" Absolute dnd 

the ' Clerk of the RolUs , and fuch Lords , as 
the fbrfaid Counceilors woll defyer to be with 


LiOro^ which fignifies a Chefs-man in true Latin ; and we 
meet with Sceacepe in Saxon, which fignifies Lafro, 

From the French Efchequler^ no doubt, comes our En-^ 
glifh word Exchequer ; fo called in all probability, from 
the chequer'd Cloth (figur'd with Squares like a Chefs-» 
Board) that was anciently wont to be laid on the Table 
in the Court of Exchequer, and continues fo to this day 2 
and indeed the word Efchequier^ fignifies in old French, 
a Chefs-board^ or Chequer IVork. Platrter a Fefcbequier^ i$ 
an old Phrafe, to plant Trees exchequer wtfe^ i. c. in Rows 
at equal Diftances, fo as, at every Corner, to fee an ex- 
ad Range of Trees. And it is from hence, I conceive, 
the barbarous Latin word Scaccarium comes, and not E- 
fchcqnier from Scaccarium^ the French word being the more 
ancient ; and to this Opinion the ingenious Mr. Madox in 
his learned Hiftory of the Exchequer inclines. So that 
we need not go to the Latin word Scaccarium, '^gnifying 
a chequer* d Cloth , nor to Scaccus , or Scaccum , a Chefs- 
board, for the Derivation of this word ; for we have in 
the old French word Efchequier, the fame Signification. 
And the Grand Cufiumier of Normandy fays , that in Nor- 
mandy time immemorial there had been a Sovereign Court, 
which was anciently call'd the Efchequier, which bore a 
great Refemblance to our ancient Court of Exchequer'^ 
but was long before it ; and at laft, it was turned into a 
Court of Parliament. Polydore Virgil fays it was called 
Scaccarium, by Corruption, for Statarium, from, its Stabi- 
lity, but that feems to be nothing but Speculation, in 
which that Foreigner much abounded. Du Frefn. Nicot. 
Somn. GrandCuJiom. Normandy , Madox Hifi. of Exchequer. 

i Clerk of the Rollis, i.e. Majier of the Rolls. This is the 
liext great Officer in Chancery to the Lord High Chan- 
cellor, who in his Abfence judges of all Caufes in Equity. 
His Title in his Patent is, Clericus farvig Bag;<e, CuJhsRo^ 


Limited Monarchy. 

them, for Mattets of grete difFycultie, maybe 
of this Counceile, whan they be defyryd, and 
€ls not. All other^ maters which fchal con- 
fcrnc this Counceile, as whan a Counceilor 
dyyth , hou a new Counceylor fchal be cho* 
fyn , hou many hpwrs of the day this Coun- 
ceil fchal fyt, whan thay fchal have any Vaca- 
tion , hou long any of them may be abf^nt, 
hou he fchal have his leve and licence , with 
attfther Articles, neceflary for the Demean- 
yng and Rule of this Counceile, may be con- 
ceyvyd by leyfure , and put in a Boke, and 
that Boke kept in t'his Counceile, as a Regiftre, 
or an Ordynal, hou thay fchal do^ and be or- 
deryd in every thyng. 

tuhrum^ ^ DomAs Converforum. In ancient Authors, and 
Statutes, before Hfnry VII .'s time, he is called Clerk of 
the Rolls. But about ij //. VII. he began to be called 
Mafter of the Rolls, Domus Converforum ^ is the Office of 
the Rolls in Cha»cery Lan^j which Houfe was built by 
Henry III. for fuch Jews as were converted to the Chri" 
ftian Faith, which gave it the Name of Domus Converfo^. 
rum. But thefe new Converts not keeping within the 
Bounds of true Religion, gave themfelves up to all Im,^ 
piety, andWickedneft; for which reafonE^w. Ill, in the 
fifty fir ft Year of his Reign, fupprefled and expelled them, 
and gave the Htjufe for the Cuftodv of the Rolls and Re^ 
^ords in Chancery, This great Ofl^cer has his Title fron^^ 
the fafe keeping of thei?<?^/ of all Patents and Grants, that 
pafs the Great Sqal> and of all the Records gf the Court of 





I20 (y Absolute and 


Chap. XVL 

tIoyi> the Komaynes frofperyd, yphiles 
they had a grete Councejile. ■ 

H E Romayues , whill their Councei! 
callid thue Senate was grete, gate, tho- 
rowe the Wifdome of that Conceilc, 
the Lordfehip of the grete Parte of the Worlde. 
And afterwards Jf«/y«f the firft Emperor, coun- 
ceilid by the lame Senate, gate the Monarchic, 
nerehand of all the World. Wherethorow O- 
Bofvyan theyr fecund Emperor , comaundyd a! 
* deferi- the Wo^ld to bc * » difcrivyd , as lubgett unto 


pigb. a Difcrivyd; i.c/defcribed; which comes from the Latin 

L^ud, defcrihere, and has an Allufion to the Latin Tranflation of 
the fecond Chapter of Luke, v. i. FaHtan eft autem diebm 
sBisy ut prodsrei edsSum a C<efare Augufto, ut defcriberetur 
totius terrarum orbis. So that by defcrived, or defcribedj- he 
means taxed or affefed, as all that were fo, yrctc defcribedy 
or fet down for that purpofe. In the Saxo^ it is mcap- 
Cob, or marked ; from the Saxpn meapcan, to mark, or 
fet down. Every one went into his own City to be tax- 
ed, and at this time Jofepb went out of the City of A&- 
zareth, unto the City ofBefblehem, (being of the Family 
of David,) that he with Mary the Mother oijefus mig^ 
be defcribed, or fet down, in order to be affeffed and taxed. 
Erafmus fays, when it is ufed in a militai7 Senfe, it figni- 
fies lifting , and when in a civil Senfe , it fignifies taxii^ ; 
fo that defcriberetur, is the fame ^s cenferetur. Somn. 
$fx, Di<a. 

Limited Monarchy: 


hym. But after this , whan yll dilpolyd Em- 
perours , as Nero , ^omycian , and other had 
'Iclayn gretc parte of the Senatours , and dy- 
ipyfyd the Conceile of the Senate, tVaftate of 
the Romayns, and of their Emperours , bpgan 
to fall downe , and hath fally n away fitheb , . 
unto luch decay , that now the Lordfchips of 
th'Emperonr be not fb grete, as the Lorcjfchtps 
of Ibme Kyng, which, while the Senate was 
hole, was fiibgett to the Emperpur ; by which 
Enfemple it is thoi^bt, that if the Kyng Tiave 
fiich a Conceile as is before elpecyfyed , his 
Land fchal not only ht riche , and welthy, as 
were the Romayns^ but alfo his Hygljnefs ichal 
be myghty, and of Power to liibdue his Enny- 
myes, and al other that he fchal lyfte to reygne 
|ipon. Of fiich Enfamples many of the Boks> 
of Cronycles be iiill. But in elpecial the Cro- 
nydes of the * Lacedemeneys , and of Athe- * i. e. the 
nenjcesy which while they profperid, were beft ^^^^^ . 
concelid, and ttioft did, after Conceile, of ^ny ^»^Athe-T 
Feople of the World , except the Romanys: ^^*^' 
But whan thay lafte fiich Cono^ile, thay fel in- 
to non Power and Povertie ; a^ of , the Cyte of 
Athenes hyt may well aj^re,; by th^ it is 
now but a Poer Vyllage, and fimjtyme was th? 
jupft worfchipftil Cyte of Gr^ce. 

C H A ?, 

122 Of Absolute and 

Chap. XVH. 

Here follorpen Jdvertifements , for 
the gevyng of the K^ngs Offyces^ 

YF yt would like the Kyng to gyre non 
Office , unto the ty me that hys Entent 
therm be communed with his Coun^ 
ceile, and their Opynyoun by his Highnefle 
underftood in the fame, he ichal fb reward his 
Servaunts with Offices , that ther fchal be ly- 
til| nede, to gyve them much of hys Lyve- 
lood, and his Offices fchall than be gevyn to 
fuch , as fchal only lerve hymfelf. Whertho- 
rough, he ichat than have a gretter might, 
and a Garde of his Officers, whan he lyfte call 
them, than he bath now of all his othef 
f feed Men under the Aftate of Lords , and 
other the Nobles. For the Might of the 
Land , after the Myght of the gretteft Lords , 
ftondith moft in the Kyngs Officers. For 
thay may beft rule the Cuntreys , where theif 
Offices ben, wl\ich is in every parte of this 
l^ond ; and a mean Baylifie may do more, ia 



Limited Monarchy. 

his ^ Bityly-Weke , than any Man of his De- 

^ Bayly^Teie; this wordis half Norm^; &d half Sa-^ 
Kon. Bayly and Bayliff come from the old French word 
Bailiffs in barbarous Latin, Baillivus. Monfieur Menage 
iays BaiUivus was formed from the Latin word Bajulus^ 
which fignified aNouriJher^ a Nftrfe*Falher, or Fojier-Father^ 
and that comes from the Verb hajulando^ to carry in one^s 
Arms^ as the Nurfe-Fathers ufed to do the Children that 
were put to them to nurft ; quern ego parvulum gejiavi^ 
fays a Nurfe-Fatber ^ in Terence, In Italian it is BagUa^ 
and BaiSe in Languedoc^ (ignifies a Nurfe to this Day« 
This word Bailiffs in procefs of time flood for a SchooU 
Mafter^ and afterwards it came to fignify % Judge ; from 
whence it is that in feveral Places ii^ France^ the Ju^es 
ire call'd Bailiffs ; which Signification it had anciently in 
England^ as appears by feveral ancient Records. 

This word Bayly^ fome think, comes from the French 
word BaiSe, whichfignificdaTiK^or, or G««rifi^ of Infants- 
4ntoin, Loifelj iji his celebrated work, called Lfs Injittutes 
Couftumiers^ fays; Bail^ Garde l^ legitime Adminifirateur^ 
font quaji tout un ; and the Venetians call their Refident 
at Confiamtinopk^ BmSe. In Teutonitk l&uiy is a Guar^'i 
dian^ or the Office of a Guardian ; and tf aelieti^ IbxiXiin^ 
\% Pnepojitus^ a Bailiff. 

From hence is the barbarous Ladn word Balia^ Baila^ and 
Balium, which fignifics P^fiUage^ or IVardfhip ; as where 
one by his Will , left the Pope Guardian to ^is Son , i^ 
is faid, in Teftamento reliSusfub Baila, feu Teutela Urbam 
quartij ^c. fed iffe Papa diSamBsdliitn^ y^i!^ Tutelam minuj^ 
fideliter gejftt. Iti Conftit. Neapolit. lib. 3. Tit. 27. Si 
quando Bsilinm intpuierum gerendum, alicui Serenitas mftr^ 
concejferitj hi qui Ballum gejferint pupiSoruntj poftqttam Ba^ 
lium dintiferintj de adminifiratione Balii reddere debeant ra*t 
fionem^ ^c. So that Balium here iigniiying Cufi^^ ha^ 
(he fame meaning as our Law word BaSium^ in Englilh 
^aiL has, iQ our Courts of Law ; ai^d therefore when any 



• - ■ 

124 Q/" Absolute and 

grcc , dwelling within his Office. Sum Fore- 


one is arretted for a Sum of Money, * and another Perlbn 
hails him out of Prifim, the Entry is, that the Prifoner 
traditur in BaHium^ ig delivered into Cujiody^ t. c-iof theB^wY, 
becaufe the Parry baiPd, is fuppos'd to be deliverM into the 
d^(?<a^ and Xf <?pf«r^ of that Perfon, who bails him; and in 
Confequence of fuch a Suppofition, the Perfon fo let out 
on Bail ^ may be taken up by the Bail wherever he meets 
him, and the Bail may furrender him in JDifcharge of him- 
felf. So that this word Btf/7, as niy X-ord Coke obferves, 
does not come from bailler^ to delivery but from the old 
French word Bail, which fignified a Tutor, oi Guardian ; 
and in Languedoc it fignified a Jaylor. - / V 

Our Author here means Bailiff of a Hundred, . 
a very ancient OflScer, and fometime call'd by'thefName 
of Prof oJitHs, as well as Ballivus. Sometimes this word 
BallivMs is applied to the Sheriff as well as to other Offi- 
cers, ^caufe the County is put under his.fafe.ti^^, or 
Government. Nor is it to be doubted ^ 'that what Fo-, 
feigners called Grafiones^ and the Saxons Grepiosj, in En- 
glilh Reeves, were afterwards, after the Normans came, 
in, called Ballivi. In the fame manner it earned to pafs; 
that the Extent of JurifdiSion, of Mayors and Aldermen 
in Cities and Boroughs, and of the Prapofitorttm in Hunt 
dreds smd Wapentakes, was called BalUva^ as that of the 
Sheriffs is at this day ; for in all Returns of Writs and 
Procefs that he makes, the Sheriff fays, in BalHva mea, and 
not in Comitatu meo. And a Bailiff of the Hundred, or Wa-; 
pentake^ had much the fame JurifdiSion over the Hun-t 
dtedy under the Lord of the Hundred, as tl)^ Sheriff had 
tinder the Comes or Earl in the County. Sfelm: Gloff, 
Chron. Saxon. Menage, Dm Frffn, z Inftit. 178, BraS^ 
fib. ^. fol.ii^. Somn, Di^f 

Now as to the other Part of the word, weke^ that comes^ 
from the Saxon word PiC,' which fignifies a Street, TtnOn^ 

er Fillage^ a$ alfo th^ Pmift^^ QX Twri^Qf any fuch 

Limited Monarchy: 

fter of the Kyngs, that hath nbne other Lyve- 
lood, may bring moo Men to the ^ Feld w?li 

d afrayed. 


Place ; in Dutch mUA, From hence we have the Sa- 
xon Ficenja, which fignifies Inhabitants of any Place * 
but more efpecially in Towns and Villages; fo the Saxon 
picbajar, fignifies !)/>/ NunMnarumy Market Days^ i. e. 
fuch.Days that the People refort to the Ific ^ oi Town to 
Market. f\c alfo fignifies Jinus Fluminis vel Maris , a 
Tnrmng and^lVinding of a RivcTy aCreek^ Harbour ^ ot Ha- 
ven ; from whence comes the Names of feveral of our 
Towns in ^ffgland^ ending in /f/<r, or tf^icb ; as Green- 
wchy in Saxon Erpena-pic, or Gpene^pic,* which is as 
much as to fay, the Green Creek^ or Harbour^ this being"^ 
formerly. famous for being a Harbour of the Danifli Fleet; 
fo Harwich in Saxon is Pape-pic, or J?epe-pic, which 
fignifies ^Creeky OTBay^ where a Fleet, with an Armjroa 
Board , may lie conveniehtly, tJepe in Saxon figni^ing 
an jlrmy. This is Cambden's Opinion ; but the learned 
Dr. Gibfyn thinks the ancient Name was Ajie-pic. So 
the Town of Ipfivich , in Saxon is Dvper-pic, Gyfefwc\ 
Gifefivich,^ rpefwich, IpfvAch. From hence it was, that 
the Inhabitants of JVorceJlerpire were called the fVicdi:, 
and the City called, f ic-papa-cearreji, mc^ara-ceofter, 
and by corruptiofa PiS^Pa-cearrep, from the feveral 
Windings and Turnings of the River Severn. J?ic figni- 
fies alfo finus terra, as well ^fluminis, as in Droitwich^ 
and other-Places* In Kilian, it is mxit^fmus maris, lit- 
tus curvum , which^ alfo fignifies Jurifdiaion and Domi- 
nion. . — - 

c Feld ; this is a Saxon word, and is wrote thus Fel&, 
in Dutch »elD ; Fete-beo , is a Locuji , or Fteld-Bee ; 
Feb-cypiC, {s^EcelefiaruraHs, a Country-Church, or; 
word for word, a Fteld Church. So in Saxon Eel5-hur^, 
is a Tent, or FUl4-Houfe, Feld fometimes^gnifies in its. 


t2^ ty* ABSdLtJtfc and 

d arrayed, and namely for iGhoting, than ma^ 


Compounds, agrejiis^ Mncnltivated ^ or w/7i; as Felb* 
IwJiniS, IS mid Honeys fo Felb-myat, is IVildMiftt, 
Somn. Sax. Di&. 

^ Arrayed y the barbarous Latin is arralaius^ inJirnSed^ 
bx well apfosfaed ; it comes from the old French word 
mraye\ or arroye, Charta Richards Regis Anglia^ apudlVih 
lielm. Th<fm^ Gentes fufficienter munitai iff arraiatas^ Hen* 
ry Knyghto»^ lih* 3< ReMit iota jortitudo Scotorum i».mbus 
McieHusy di/iinSa ^ bene arraiata ; and that there joined 
them viginti fex mille hominum beni arraitorum. This 
tomes^ I flippofe, ffotti the old French V^rb arroyeri^ to 
fut in order y or to array ^ and from thence cotnes the word 
Array ^ which fignifies Order^ Eptipage^ but in a more par- 
ticular manner. Military Order. So they fay in French, Le 
Roy vient en bel arroy, that is to fay, wei provided and 
ejuippedy v)sth all manner of warlike Preparations^ The 
Contrary whereof was ufed to be expreffed thus, mettre nn 
Armee en defarroy, i. e. to break an Army^ or diforder their 
Ranks, So^ fans arroy^ is nutto ordine^ withont any Order i 
in thi^ Senfe it is, that the Lawyers mean ivhien they 
fpeak of the Array of a Panel of a Jury ^ which fignifiej 
only the Names of the Jurors fet do^n , iij[ Order and 
. Rank one under another in a Piece of Parchment. Now 
this word arrays my Lord Coke fays, comes from the 
French word arroyer, tho' fome think it comes rather 
from the French word arranger ^ to rank in orders and that 
Iny Lord Coin's Arraiamentum^ and the old French word 
Arrayementy is no more than the French word Arrangement^ 
Ivhich is afettingy or putting a thing in order. » 

From this word arranger. Dr. Cowell thinks Arraign^ 
ment comes , in the fcnfe we mean , when we (peak of 
the Arraignment of a Perfon at the Bar for : a capital 
Crime; but that I believe will appear to be a Miftakc- 
My Lord Coke fays, it comes from the French word ar^ 
taigntTi w arraign^ bit I do not find any fuch word, ^eh 


Limited MoMarchy. 127 

film Knight , or jfom Efquicr , of right grete 


ntan indeed advances a very pretty Notion, in relation ta 
the Original of this wor^ hut I doubt it is not a true one ; 
for he fetches it from the word arramir^ which is an old 
French word that fignifies to fweary to promifi^ or oblige 
himfelf before a Ju^gf to do a thing. From thencie came 
the barbarous Latin word arramire^ and arramare^ to engage by 
Oatbj or U^ttneiJlfes to prove any Matter ; fo, arramire Sacra* 
fnentum^ is to take care at a certain Day and f lace ^ tofweoTj 
or produce IVitneJJes to clear the Matter. 

So, arramare bellum^ or arramare duellunt^ is to protnife^ 
or engage to a Courty to prove the Matter in Controverfy^ by 
Battail ; fo arramst battaiHey in Concilio Petri de Fontaines^ 
i"^. 21. i.e. dueUum arramire* From hence, continues iSje^^/* 
many Bracton has this Expreffion, Affifam arramarey to ar^. 
rain anAjJizey which, fays he, is only to promifey or under* 
takcy that he iviM prove his Right in theAjfizey by the Oath of 
« Jury ; and the Miftake, he fays, was very eafy, being on* 
, ly that of i» for an w, arrainatus (oxarramatusy more efpe* 
cially in regard, he fays, that the Lawyers did not under«* 
ftand the Meaning of the word arramir, . And to confirm 
ill this, he quotes the Regifter of Writs, and Fttz Het'^ 
berfs Nat. Brevium. 

Now tho' all that this learned Man fays, in relation to 
the meaning of the word arramiry and arramare be true, as 
certainly it is, yet I dare fay it will appear, upon examina-* 
tion, that our Law word arrainy does not come from thence^ 
nor the word arrmnatusy miftaken for arrantatuSy but rather 
that BraSon is mifprinted , and that it was the Printer 
fell intathis Miftake, and not the Lawyers- For this 
contradifis all other Books of the Law befides , and it is 
a little unlucky, that it contradiSs two Books of the three 
he quotes ; for in the Regifttr , in all the Writs conftitu-- 
ting Juftices of particular Affixes, there are almoft twen- 
ty Places wherein mention is made of Arraining an Al^ 
iize y and in ^ we find arrai9tavity arrainaverun^y 


12?^ 0/ Absolute arid 

Lyvelodd, dwellyng by him, and having non 


0rrasmaay and arranatttr^ &c. but no fuch word as arrams^ 
vit^ arramatusy or arramare. So in the French Notes upon 
Wriis of jijfiji J in the Regtfler^ we find no fuch word as 
4arramery or amami\ but always, and in every Place, tfr- 
rasgner^ and arraignSy and with the Regtfter Fhz H* Na. 
h. exafily agrees. And fo it is conftantly in the tear 
Books, and in the Grand CuftHmler de NormanMe. And 
tho' the Difference between the two Latin words be flnall, 
yet the Difference betwixt the two French words is too 
great, to make any Miftake about this Matter- 

Kow the true Derivation of this word arrain feems to 
me clearly, to come from the French word arraifoHer^ al^ 
hqui quempiam^ or ad rafionem foHere^ to caB a Mom to an^ 
Jwer in pbe forms of Law ; and this comes from the barba- 
rous Latin word rationarcy adraiionare^ i. e. placitare^ or 
frobarc ; fo ad^ rationem ponere^ is to bri^g him to Judgment. 
Galbcrtus in Vita Caroli Comit. Flandriae, N. 140. Pofue- 
runt Comitem ad rationem. And the French Expreffion is, 
mettre quelqun a la rakfon. Now rationare^ comes from the 
Latin word Ratioy^aCaufe^ or Plea. So, ad rationem venire^ 
.was the fame as jnri Jlare^ to appear ^ or make Defence in 
a Cauje. Rationem habere cum aliquo^ is, to have a Cauje , 
or, be in Laiv with any one^ and rationem perdere^ Js, d 
iofe his Caufe. 

V From hence alfo you have the barbarous Xiatin word 
derationare^ dirationofe^ and difrationare^ which fignify /» 
defend a Caufcj and to difprove the Charge laid againft him. 
Inter Leg. Edw. Conf. ca. 36. De Latronibus intetfedis pro 
Latrocinio ; Ji quis poft Jujiitiam fa&am , fecerit clamorem 
ad Jufticiarium^ quid injuji^ interfeSus Jip^ ^ dixerit quid 
velit hoc difrationari, det vadimonium fuum y isf inveniat 
plegios. So we find the ancient Form of Pleading in a 
Writ of Right, is, paratus iUud difrationare, per Corpus 
fuum. And from hence comes the French word defraifo^ 
nery and from thence the old Word defrener^ to jttftifyy t» 


Limited Monarchy. 12^ 

O&ct. What than may gretc Officers do ; 


defend^ to deraine. Inter Leg. Will. Conq. ca. 27. vSr home 
volt derainer covenant de terte^ ver fin Seignior; per eftranh 
ges net punui pas 4eremet ; where by the way it is obfer- 
ved, that the learned Tranflatot does not give the Mean- 
ing of this word, dereiner. Affife Hlerof MSS* ca. 13. 
Uon peut plaidoier contre chafcun fims efire donni a confeil 
par conrtj pour fin <irw/ defraigner, ou defFender. Le Grant 
Couftmnier de Normandie ; Et la ou il dli quilfin defre- 
nera, ceft a Mre quit fin purgera : car defiener neji autre 
cbofi firs fify furger^ de ce deqnoy leu eft accufi. So when 
the Lawyers fay the Warranty Paramount is derained^ it is 
to be underftood in the fame fenfe, that the Tenant defindt 
himfelf by proving a Warrantry prior to his own. 

So that when a Criminal is arraigned^ it is no more 
X\i2Xiponere ad rationenty ot adraifiner^ to fit him to theBar^ 
and to charge him with his Crime, and thereupon to ask 
iiim what he has to plead for himfelf When he pleads^ 
Not Guilty ; the Officer fays. Culprit ^ how wilt thou be 
tried ? The Prifoner*s Anfwer is, by God and my Country. 
As to the Meaning-of Culprit; it is compounded of C«/, 
and prit ; i.e. Culpabilis , or Gftilty , which is replying 
for the Queen, and affirming hfe is guilty, without which 
there ^s no Iffue join'd, and fo the Prifoner could not ba 
tried ; the othet word prit is from the old French word 
prefty which fignifies ready y and anfwers to the Latin 
word paratusy and is as much as to fay, in the Queen's 
Reply to the Plea of Not Guilty, that he is Guilty^ and 
Ae is ready to prove him fo. Preft de defindre^ is an old 
Phrafe for to be ready to defend himfelf ^ or to prove his flea. 
So we find in the Year Book of H, VL where in Tref- 
pafs the Defendant pleaded as to part,. Not Guilty ; For^ 
tefiue our Author, then King*s Serjeant, who was for 
the Plaintiff, fays, in his Reply to the Defendant's Plea; 
Quant a tout ceo^ qu'il plead Rien Culp, preft av* que fi ; As 
to bis Flea of Not Guilty^ be was ready to prove be was, 
■ . Jt And 


150 0^ Absolute tad^ 

IS ^ Stewards of grete lJ)rcMe^{fis> RecejrVers^ 

fConftablesofCaftellis, Mailer Forefters , and 


And as to the £xpreiE6n, lioia mhthou It irieit tt is an 
pid Form anciently very fignificant^ when, there iHrcre fe-' 
Vera! t'orms of Tryal, as by Battail, Oirdeal, and ^uty ; 
the Criminal anfwering hyGod^ and hisCoutOty^ is his 
Choice and EleSion to be tried by a Jury ; which Forih 
noW is of little ufe. Spelm. Glojf. Du frejn, itenagt. 
Uftgen. Franc. 20. ti. VI. 40. OldPoL EniricSj fit i. 

« Steward^ is a Compound of two Saxon words, 6tt5ftj 
and JcajU) 5 SceW, or 8ce5a, Unifies R^om^ Plactj ox 
ffead^ and p«ip&^ a Keeper j or JMKarden; and fo word for 
wordfignifies in the Steady or Place ofthtlFardem^ orprin* 
cijpal Officer, the Locumtenens in Latin, and Lieutenattt in 
French* ' By turning the v) into g^ the French make Guar* 
dimty and from thence comes our word Gardian ; the bar- 
|)arQU$ Latin is , GuarSanHs,^ or Gardianus. f^pb iig|ii& 
^es ^i^;//4 ^ C^odia^ a Watch ; from thence comes our 
Snglifh word IVard^ in barbarous Latin Gnardia^ in Ki* 
lian , catatDe. From J^^apt), come the Terminatiom 
of feveral proper Names, in weard^ wardi indgardy a9 
ijad-weard J Ethel-^eard^ Sig-wardy alias tSF^OMT^i Leod* 
gard, Somn. Sax. Did. 

f Conftahtes of Cajiles ; this word dn^iabte fome derhre 
from the Saxon Eyninj, Rcx^ and r^aple, ftabilisy fta- 
hle^ as one who was a Support and &wy to the King, 
tod prefcrvihg his Dignity; but this fifems to be no- 
thing but Notion, for it is a Name that we moft ma** 
nifelily derive from the Nornnans , and came from theft 
Cifnies Staiuli^ fometimes called Comesfiahilisy and fbrner 
limes Cohejlabilis. Aimoinus lib. 3. Hiftor. Franc, ca. 

71. Regalium Pl-ispofitus Eqnorum, quern vulg6 Conu^ 
fiai^tem vocant. Gregor. Turonenf. Lib. f. ca» 48* 

Surchardum Comitem StabuH, quern corrnpte Conftaba- 

Imn a^^eiamus. By this it fe^ms bis Office was on* 



Limited Monarchy. 131 

iiieb other Officers ; bcfides the High Officers, 
as Juftkes of Forefts , Juftices and Chamber-; 


ghrally to take Care of the Kings Stables, feut this Dil 
■^fty id Proceft of time was made military ;^ fo that ebd 
Uomites StabMli in Framtfy were the chief <3enerals and 
Leaders of their Armies. Thofe which were call'd in th« 
Laws 6f Edivard the Confeflbr, the fcepe-roja, Heroto- 
eiiif or Hiretccbts^ which was the Saxoii Name for theii* 
Geiieral$, were call'd among the French, Capitales Con^ 
fiahularlt^ velMarefcaBiBxercitus. Le Conneflahle de Franccx 
Which was the Great Qc^ncral of the French Army, com- 
Ihindcd, ftful took Place Vi. eve^y one in the Army, ex- 
cept the Perfon of the King. TVluch fuch an Officer, an4 
from that Example, fto doubt, came our great Officer in. 
EiM^Mdy called drnfiatuUrius Angline, Math. Weftm, An, 
115*4. Coram C<miite Herefm-Jienfi^ qui fecundnm, antiquum 
JMs^ Conftabularius ejfe , digmfcitur regii Exercitus, This 
Otflcer was firft created in IViUiam the Conqueror's time, 
and laid afide about 13 //. VIII. fince which, there has been 
00 fiftrh Officer for a Confiancy, )xx now and then chea- 
ted &, on particular Occafions only. This Dignity wa$ 
hereditary, as that of Earl Marihal is, and defcended to 
Females, and the CwmfMk ufed to hold feveral Man- 
aofls of Ac King, by the Service of being Conftable. But 
tUs beiag^ a Dignity fo high and powerful , and confe-*' 
4Meml7 fo troia^lefome and dangerous to the Crown » 
King Henry Ylll. got rid Ojf it ; for the Power of the 
C4nftMt of England exceeded thti of France , as haying 
Power over Affidrs Ciril as well as Military. 

There was andemly 'an Officer in the Exchequer, who 
was called Cm^ahtdat^ius Scaccdrii , and was efteem'd one 
of the great Officers there, without whom to conlidera- 
ble AflFair could be traafaded ; his Office was more par^ 
tkularly to audit the Accocmts in relation to the building 
tnd repairing the King's Palaces, his Caftles and other 
Forrificatiolis. Thi« ften4«, s^SfHtnan £ays, to be part 

K i of 

1^2 0/" Absolute and^ 

leyns of Cuntreis, the s Warden of the Ports, 
aiKi fiich other ? For loth it is not lightly efte- 
mablc, what Might the King may have of his 
Officer!, yf every of them had but one Office, 
and iervQl non other Man but the Ky ng« 
Now it ii eafye to be efteemyd hoa many 
Meij ^y be icwaa^d with Office, and hou 
grctdy yf thay be dyfcretely gevyn. The 
Kyng gevyili moo than a thoufand Offices, 
bcfy ds tboos thiat my Lord Prince gevit;h , of 
which I rekyn the Officers^ as the Kyngs Of- 
ficers. Of thees Officers funj may dei^nd by 
the Ycrc, by^e^fon of his Office, CC /. ibme 
a C /. fome XL I Qm» L ^ Marks, and fo 


of the Office of CofffMIe of E^Umd^ who, no do^, 
formerly fat in th^ Exchequer. FleuUb, 2. cm, 31. Spelm* 
Glof. DuCang. 
' % fVardeu of the Ports^ i. e. Cinque Ports. 

h Mark^ in Saxon QJeajlc, which was not any particu- 
lar Piece of current Coin, among the Saxons, as can be 
found, but only a Denomination by which they reckoned, 
as we do now by our Englilh Pounds 
; We meet with feveral forts of Marks in the Hiftories 
and Accounts of France^ but they were of (cveral Values* 
The Marc0 'Trecevfis Was 22 /. i\d. SMltag, the Marc a 
Lemovicenfis was 13/. id, I. SterUc^, and the MareaTuro^ 
nenfis was iz/. 11 d.^. Sterling; they had alfo the M^ca 
Auglicanay or le Marc de la Mo^teUe, which was 13/. ^d. 
Sterling. We read Iikeiri& of the Marca Danica^ I£Jpa- 
nica , and Sclavoftica , but of all thefe , the Engliih A^i 
fyQxa$ to be moft aocient , a&d comes from the Sazoa 

V word 

Limited Monarchy, 13^3 

downward. So aS' the lefte of them, though 
he be but ^a Parker, takyng but two Pens by 
the E^y , yet he hath by the Yere XL s. 
Xd. befide his Dwellyng yn the Lodge, his 
Fcwell , his Cowe for his Mylk , and fiich 
pther thyngs goyng about hym, (befide Re- 
wards) as profitable as :j: would be fyve Pounds I^^^J^'' 
of Rent or Fee yerely, which is a fair Lyvyng^A^V//»^^ 

for a Yeoman. Hou many Men then of eve- ReJt^ ^^ 
ry Aftate, and of every Degree, and hou grete- Laud. 
ly may the Kyng reward with Officys , with- 
out gyyyng away of his Lyvelood, For loth 
the gretteft Lords Lyvelood in England may 
not fiiffice to reward lb many Men, though he 
would departe y t every ^ Dele, among his Ser- 

wor4 ^eapc, which fignifies zMark or Imprejfion^ made 
upon Money. or any other thing, and that comes from 
the Verb meapcan, to mark. 

When this Mark came firft to be fixM, to the Value of 
13 J. ^d 4^. is not very certain ; but Matthew Paris in 
the Li(e olGuarmus Abbot of St. Albom^ fo eariy as thq 
Year 1194, tells us, aA&riwas then 13/. and ^d. and has 
continued fo to this day, Du Frefae Glojf. Chron. Preeios. 

i Dele^ is a Saxon word and wrote thus, ftsel, which 
figaifies Pafs, a Part^ or Portion^ and this comes from 
the Saxon Verb feaslan, dividere^ to divide^ to part^ to di^ 
Jiribute ; from thence comes our Englifli words doh^ and 
ifcfc; fo from the Saxon ba^hnj, corner our Englifli 
word dealings divifio^fj OT partition. From hence it is 
that the Stones, ufed as boundaries of Lands, i.e, fuch as 
divide and diftingui(h Lands, one from another, are cal* 
Jed DowU'SttmeSn - . 

.,: K 3 vaunts. 


134- Q/" Absolute W 

vaunts. Nor two of the grcttcft Lords fii 
England may make fo grcte a Might as the 
King may have only of his Officers , if they 
were holy and ondy his Servaunts , and that 
every of them had but one Office. To this 
fayen fuch Lords and other Men, inch M 
* axcn of the Kyng, Offices for their Servasmts, 
that they and all their Servants fchal always 
fcrve the Kyng, and his Officers fchal do hyia 
the better Service, by Realbn thay be in thek 
fhelpen Servicc. For they woU f help them to do fo. 
Laud, and foffre non other in their Company , but 
fuch as woll do foo. Wherto^'it may be faid, 
that yt ys true that they fdial do the Kjmg 
Service while thay be in their Company ; but 
fo fohulde thay have done , though the Kyng 
had never made them his Officers. Wherfor 
the Kyng fchal • not be the better fervyd, that 
\ yevene^ ^^ hath X gcvyn his office to their Servauncj, 
Laud, but rather worfe. For, as our Lord faid, i\&- 
mo fotefi duobm ^ominis Jervire. Fot fo 
the Kyng fchal ^ lefc the Officers for any fin- 
guler Service h^ fdiial have of them, or that 

k Axen^ is a pure Saxon word, and comes from the Sa^ 
xon Verb axian, to demand^ to inquirt ; from thence oxix 
Englifli word, u ask. Somn. Sax. DiQi, 

1 li^, is a Saxon word, and comes from the Veri) 
lejan 5 to deliver^ to fit ^ litcrty^ to Joofi. Somn. Difi. 




Limited Monarchy. iJJ 

die ^e C^oon fehal thynk thsinfelf behoM-r 
ypg fo iIk Kyng for rbeir Officei, which hif « 

HilMttfi hath *03vyn ^em « <:he Contemn ^3!* 
pb^ion- add R«que(le of their M^^rs ; ^nc) 
ioit no Rew^d pf any Service that they h^ve . 
4s>in9 or jchai do onto hymdilf. Py ConAder 
»tioQ whcrof thdir o)d Matters l^hal he l^ecter 
Iffvyd by them than th«y.wef9 Mqre; and 
(ho auu» m^Iity ia their Cuotreys to da 
what t^m liSbt ; aad the Kyi^ ia lefle might. 
Mid have die ftwtt Officers ra fcptcftb titm 
^hao thay do amyde. And dils htth ^u(id 
many Men to be ^h t«&(^ars and Sacrum t^,<v^<^'i 
to the Kyng, fi>r to kave l)is Offices ti^ theil i^f. ' 
C^ntreyys ^6 diflfnfiiif, and eo diar Men, that f^''<^'^' 
ahnoft no Man in fome Cqatreyys diiril: taM ^ 
an Office of the Kyng , but he fyrft had the 
good Wil of thoos :j:Broggars, and Ingrocers+Br/^er* 
of Offices. For, if he did not foo, he fchuld^a«£ 
not after that tyme have Peace ia his Cuntrey ; Digb. 

« Broggars ; thij Wfif4i «f I «Wf ^Iv^* comes from the 
old French ward hr^m^ m *^J<^M >«»^ hullatus , a 
gay, flant'tnn 0fj ^> B^M, m WN Wff in Luxury 
and Exceft; fg^M^ c<W|jl fromtbg 9}4:'rrench word 
kragader, to flaunt , to wear gay Attire, and alfo to brag, or 
fwagger '^ and f?om thence braguerie, fignifies braving^ 
floating, or fwaggering.^ Dx.Cowell thinks it cornea from 
the old French word broyer, which is tritor, one wha grinds^ 
the Poor, but I rather think the other is the trued Deriva- 
tiou, Nicot^ 

K 4 whereof 

1^6 ©/"Absolute and. 

whereof hath comyn and ^wyo, many grere- 
TrobiUs and Debars, in dyvcrs Cuntreyys in 
Engiond. Which Matters thorowly confydcr- 
yd, yt iemyth vcrely good, that no Man have 
• J*^', any Office of the Kyngs * Gyfte, bat that he 
be firftfworon, that he is Servamit to non other 
Man , nor woU ferve any other Man, or take 
his Clothyng or Fee while he fervith the Kyng, 
And that no Man have moo O^ces thimone,' 
exccpce that the Kyi^s Brethren may have 
two Offices. And that fiicfa Men as fervc the 
Kyng aboute his Peribnc, or in his Conccilc; 
may have in their Cuntreys a Parkerichip, or 
- Foreft, fortheirDi^rtewhantheycomefaome,' 
or fiich another Office as thay may well kepe 
by their Deputycs. 


Limited Monarchy. 137 

Chap .XVIIL 

jiJvertjfements hou Corodies, and • 
• l?encions nti^ hejl he ^gevyn. lil^T' 

AND if it will like the"Kyng to gyve' 
no Corodye nor Pencion, which he 
hath by lUght of his Crown, of every 
Abbey, Priorye, and other Houles fowndyd 
upon Hofpitalite, by any of his Progenytours, 
iinto the tyme that his Entent therin be com- 
munyd and delyveryd with his fbrefaid Coun- 
ceiie, and that his iiighnefs have underload 
ttieir Opypyoun in the fame. Than ihali Mea 
of his Houihoulde be rewardyd with Corddyes, 
and have honefle Suflenaunce in then: bide 
Dayys, whan they may no longer ferve ; and 
the a Clerks of his Chapell that have Wifes, 
or be not avaunfyd , be rewardyd with Pen- 
fions without grete abatyng of the Kyngs Re- 
venues, for their Rewards or Suftenauncys ; 
for fuch Corodyes and Penfioiis were fyrft or- 
deynyd, and gy vyn to the Kyng, for the fame 


• Ckrh of the Chapell , i. c. the Queen's Chaplains , as 

uow called. 


138 (y Absolute W 

Entent. But now of late tyme, other Men 
than the Kyi^ Servannts hath askyd them, 
and by impoicnnt Sewte , havei gettyn grete 
^arteofthem, to the Kyngs grete Harmc, avd 
Hntte of hU Gad Servaonts. Which by the 
Caufe thetof lyvyn in the gretter Pepqiye, 
and in none Seweitie of their Soltenannce in 
tyme comyng, whan they Ihall not *> loay do 


Limited Monarchy. 13^ 

Chap. XIX. 

Hm grete *}- Goode 'Ppyll gramyl^^i 
of the ** ^ forme ^ndoinyng ofuST* 
the Crornie: 

AND whan the Kyng. by the meaays 
aforcfiid or othcrwife, hath jgctyn ageya 
his Ly vdood, yf than yt woll like his 
tooQi nobie Gmce to eftabliicb , and as who 


9 form^ tmkwyff 4 this lignifiefi the £tmt as ferm^^ or 
firm mthvmg the Crowft ^ and form Is fometimes wrpee 
fi/rm* It comes maniftftly firoin the Sajcon word poofia^ 
ta barixfous Latin firmd^ and in EngliA a ftrm ; aji^ 
firom thcace it came to figniiy adjedivdy, any thing firm 
or fifkjkamds Now many have been the &nciAil Deri^^* 
vatioua of tto word fit^a^ or y^r^i ; but there is so doubt 
but )t ar^gimilly came ftom thi$ Saxon word fcopm , 
Wbich figiiified among the Saxons originally, fiodyovjk^ 
fimmcu ^ iinn$r^ fitfftr^ or tnuruunment ; aiid this came 
from the Verb fCOfimun^ wbicb figaified, dhim pr^hrf^ 
widmm Mdmaufirm-i^ t9 gtftertaift^ to feed^ or to fcaft. So itt 
Ibe Laws of K. CdnutHs^ <a. €8. peajun jillan^ is, togw 
fioi^ «nd peopmian, to admimfterfiod. So in EvMBg^ 

Marcfcbal. ca. 16. ai. ijtjiob ^e^eappo^ mycfe fseojun, 
^irrtf^ made a great Suffer. So the Latin word firma^ cwrif 
jpfaally fignified the fame, as the Saxon peojim, which is 
fO be fccn in HttmingtoHj J^thew of fFeJhmnfiery afi4 


140 0/^ Absolute W . 

&yth, ^ Amortyfe the fame Ly^ebod to his 
Crowne, fb ^ it may never be alienyd ther&o, 


otte ICftorians. In Domefiiay Bbok, tbere is much laiU 
Je fermisj tbo' perhaps not clearly to be underftood, nn- 
lefi you refer it to the Sa^on peopm^ fignifying mea^ and 
Drimkj as before mentioned, ^ht. Sm^ex. Comes Me- 
rhoft. Bome T:R.E. i. e. tempore Regis Edfoswrdi^ reddebas 
firmam usutu 9toSis. So in iVihefihr Ta. Rex, i. e. t^rra 
Regis J firma tmius moSis^ very often occurs. You alfo 
£nd in that Book, Jimidimn firmam noSis^ znA ibmetiines 
you'll find that fuch a one reddebas tmam diem de firma ; 
and/i» 7if . Cornvalge^ there is, reddebat firmam qnahter fefti- 
marum. The Mesming of which is, that.thefe were Pro- 
vifioMs for nights ^ d^y$ , or wecl^s ,, which were refenrcd 
by the King for his Table , out of what he rented to his 
Tenants, who held of him : For about the time of If7/- 
liam the Conqueror, what was referved to the King out of 
his Lands, y/^zs not Gold or Silver, or at leaft not much 
fo, but the Refervations were in Viduals and Provifions, 
which foon after , by reafbn of the Inconvenience , in. 
H. Vs time, fome fay, was turnM into Money ; and 
then the word firma came to fignify rettts^ and after that; 
it was transferrM to fignify the farm it felf, out of which 
the Rents were referved. Spelm. Glojff] Somm. DiS. 

' ^ Amorce ; this comes from the old French word 
Amorti^ which, Nicot fays, fignified bmnofto eommercio exi^ 
mere fradia^ emortua moMus JMs coftcedere. From henoe. 
comes the French word Mortmain , or Maimnort^ which 
is the lame thing , and fignifies fuch a Pofleflbr of Lands 
or Inheritance, which, as Nifot fays, 9t^eft vivamt^ mottrattt^ 
ne cof^fiaxty that is, which never makes any Ch^ge of 
the Tenancy, as Chapters , Abbies , apd fuch like, , Ac- 
cordingly they fay in Framce^ a Fief or Inheritance, is in 
main mort^ in a dead handy when it fiUls tp, and is becQm^ 

tb^ Ipb^itance gf fuch religious Houfes, l^^aufe it ncv^ 


LmiTEb Monarchy., i^i 

Xvithout AfTent of his Parlemeat , which than 
would be as a new Foundation 6f the Crownc^ 
lie fchal be therby the gretteft Fownder of the 
Wotlde. For ♦ theras other Kyngs have fpwndr * i. e, 
yd <^ Byfchopryches, Abbeys, and other Hou-^*^^^- 
iys of Reiigioun , the Kyng fchal then have 
'fowndyd a hole Reakie> and endowyd yt with 
^ete PdfTeflions , and better than ever was 
any Reatme in Cryftendome. This maner of 
Fundation may not be ^eyn the Kyngs Prae- 
rogatiflf) or hisLibertie/ no more than the Fun* 
dation of an Abbay , for whiche he may take 
no Parte of the Pofleflions, which be hath ons 
gevyn them, without th'aflent of their Covent. 
But this maner of Endowment of his Corowne, 

changes from that band, but becomes from that time mv- 
alienable, numtts plane emortua ; and from hence comes 
our Law word Mortmain. Nicot. 

c Byfiiopryches \ this is a Saxon word, and is wrote 
thus , Bifceop-pic y which comes from the Saxon Bi- 
fCeop, a Bt/hop^ and jnc, or pice^ which iignifies Domi- 
ni(m^ kukj and JurifdiSioHy and has much the fame Signi- 
fication as «>ome, and therefore; Birceop-bome, fignifies 
the: fame as Bijrceop-juce, and from thence comes our 
Englilh word Bj/feo/v/V*. fteah-birceop , in Saxon, is 
an ArMifocp ; Birceop-fcipe, is the Diocefs^ or the Shire 
rfthe Bijhop. ' From hence comes the Verb bifceopian, 
epifcopare , to exercife the Office of a Bijhop^ to vifit ; and 
ftom thence we have birceopob;, confirmed by the Bijhop^ 
or as we commonly fay, hipop^d^ Somn. Sax. Did. 


142 iy^ Absolute and 

{(dial be to the Kyng a gretter PfStogatiC i» 
thtt be hath than enry ched bis Corowne with 
fiich Riches and Polfeffions^ as neyet Kyug 
fchal may take from yt, without t^'Aflent of 
his hole Reahne. Nor this may be 'to the 
ttuit of the Praerogatife or Power of his Sue* 
ce^jTS ; for, as it is fthewyd before* yt is 120 
PrerogatifT or Power to njay leefe any Good* 
or to may wade* or put it awaye. For aU&ch 
thyngs comith of tmpotencye, as dotb Power 
to be fyke, or to wax old. AikJ truly if the 
Kyog ck> this, he ichai do thereby dayly more 
Afanest than ic^al be done in aM the Foiiodfle 
tions that evtt were in Engldnd, For every 
Man of the Land fchal, by this Foondatioii^ ere^ 
ty day be the mery ar , the fewrer ^ fare the 
l>etter in his Body, and in all his Goods, as 
every wife Man may well conccjrvc. The 
t* p®^^" Fundations [* of Abbeys , of Hofpy tallis * and 

radefunt ^^tiTTr .v- 

in Cod. of lucn other Houlys, ar no thyng m oompa^ 

Laud, ^yfoi^ hereof: Fot this fchal be a Cotsgc in 

which fchal ^ fyng and pray for evermore al 

■ ' . / 

^ Sing andprfly ; Jing comes from the Saxt)ll word jm*^ 
jan, canere^ to fing\ in Ihitch tta5t)en. Now Jinpni 
among the Saicons, fignified to fray^ as well as t^fing^ 
for among the Saxons , great part of the Service of 
their Church was fung^ as among the Jeivs. In the Sa- 
xon Homily on the Birth-day of St. Gregory , it it faid. 



'Limited Monarchy. 145 

the Mto of England Spirkti4 *tid Temporal, 
moA tbcir Song &hal be (bch amonges ot^et 

• An* 

• ■ • . 

Le^m€9MU t^gnher om the fotntb d0y cfthhjf^etk^ tarly m 
tire Mornings anivjith Adenout Mind^ a/fit with Tears, i.e« 
fiiig:, or prfty, frotnLhames^ tbtf vuf ^npyjn^e majjpmt ' 
t£i4 In tie Laws oiK.CmntPuf^ cm. t2.' which was about 
feven hundred Years ago, which enj6ins the People to 
learh their Pater mfler zai Creed j as an argutneht for 
them fo to do, it is faid, njwp palp r^je Pa- 
t?ep norcen lft|l©fB$ Cir^ himfelf fltft if all'Gmg, •r^ 
pray'd^ Pater f^fier^ and taught that Prayer t& his DifcifUs ; 
fmd then it foes on, this divine Prayer confifts of feven Pe- 
titions ; <9i& ^in fe |;c hit; nifeapfelice Sejuij]; 1 
wii^iever fivm his Hedrt fingeth k^ pravs to God for. every 
BU^ng^ m this lor the other Life, And in Mlfriek's Ca- 
nons to Biihop fFit^»^ iH his Dire^ions -for vifiting the 
Sick , he mentions the Rule of St. James ; and they Jhali 
^T^y over hhn, which Js e)qp(€ffed in the Saxon Language, 
they pall fing over hi^. 

. Now to give a Tafte of the Piety of the Saxdji 
Times , I would obferve that they had feven fet Times 
in a Day appointed for Ptiblick Prayers^ and all of them 
\vere eXprejfted by Sof^s. And this youll fijttd in Lam-^ 
ldy-d*s SaScon LaWs , among the Canons of the before- 
IwentiOnM Archbilhop Mfrick^ f • 131- where the Priefts 
Sire enjoined ; yeopoti ti6e r^njaf igefitijon ^ i. e. 
th^ they fing Songs, viz. Pray6rs, feven tjmes a day, 
as was appointed by the Church. There is firft of all ^ 
the Urhfati^, which was Cantns Antelucunus ^ ot thif 
Prayer before light , Which Was at three a Clock in th«^ 
Morning. The next was the P|umf atij , i.e. Mmnng 
Prayer , or 'Song\ Cantus Matutinus, Which was at fix a 
Clock in the Morning. UnOepfanj, was the Caeftns 
Tertianus, or Prayer at the third Hour, which Was tiinc 7k 

Clock in the Morning. Cpi&ba^grans, or Mid^day P^4y- 



I 144. Of Absolute and 

« Antemes : Bleflyd be our Lord God , that 
bath fent Kyrxg Edward the IV'^ to reygtie 
upon us. He hath done more for us than 
ever dyd Kyng of Englmd^ or might have 
done before hym. The Harmes that hath fid- 
lyn in gettyi^ of his Re^me, ben now by 
hym tumyd into oiu: ^ aller Good and Profit. 
We lc;hal now enjoye our own Goods , gmd 


ersy CantHs Meridianm^ which was :at twelve a Clock at 
Noon. Cantm Nonalis^ or thr^e a Clock Prayers^ was 
among them called Nonfanj , Noon Song^ or Nom 
Prayers. Then came the jCpenfanj, i.e» EvtmngPrayer^ 
Cofttus Fefpertinus^ which was at nine a Clock at Night. 
And laft of all they had their Nihrpiny, i. e. Nigh 
Songy or Prayer^ dmtus No&mmus^ which was at twelve 
a Clock at Night. 

• c Antems^ in Saxon anrepn, from the (jreek word 
antiphona^ i. e. contra fonans ; and fo the Prayers were 
cal led that were fiing alternatively. 

^ Aller good\ \,t. greateji good\ for this yrordaBer conies 
from the Saxon word ealpa , and that from the Saxon 
word eall, ally and is ufed generally to make the Expref- 
fion to Hgnify fuperlativcly. In old Authors, we find this 
word allery and fometimes alder ^ for better Sound lake, 
to fignify fuperlatively ; as, lam your aller hed, I am your 
zilcrhele. 'In Saxon, FopJ>am J)e ic eameopepa ealpa 
heapot), ic earn eopepa ealpa hasl. So in Chaucer ^ 

Jhall have a Supper at our alder Cojis ; $iprode our Hojl^ and 
was our alder Co^i. And in the fameSenfe do the Dutch 
ufe this word aller to this day. KilsauGiySj aller is fome*> 
times elegantly put before Superlatives, and enlarges their 
Signification , as aller bcft, omnium oftimus^ the grea$efi^ 

hefty or heft of all. Kilian.Sonm. Hickef. Thcf. 17. 

' lyve 

Limited Monarchy. 145: 

lyve under Juftice , which we have not done 
of long time, God krio,wyth. Wherfor of his 
Almes yt ys that we have all that is our 
own. And therfor God continue his Grace 
aod Peribne in long Lyffe with Increfe, in Ho- 
nour and Magnificence, to his Hart's Defyer , 
4nd Wclt^ of this his Realme, 


14^ ty Absolute and 

C H A P- XXt 

Jdvertifement for making of ^a^ 

tents ofGjfts. 

HY T is not ment by the PremyfTys, but 
that the Kyng witfiout the AflTcnt df 
hys Parleamcnt fchal gyve to fiich as 
do his Grace fmgolcr Service, Land for Terme 
of their Lyfy% For tberby h|S Corowne may 
not be Dy&eryted ; ibr that Land will lone 
come ag&yn. But than \t were good that the 
iame Land be no more a(ber ^vyn } for fh 
Ii^portune Satours woU gsqfie i^n fiich Re* 
verApns, and ofte^ tymes axe them ^ or thay 
be faltyn. . Aiid when they be - Mya , the 
Kyng Ichal have no Reftf with liich Sutours , 
unto the tyrt^ his H^hnefle hare gevynageyq 
all inch Lands i& he hath ons gevyn. And by 
Contenuance therof,, ^at Lond fchal not ferve 
hym but |br Gyftys, as done Offi<^, Coro- 
dyes, andPenfyons. And tnij^/yf were good 
|hat of all the Kyngs Gyftys, -his Patents mide 

• i. e. Vf J or hefvre, 

> mencyou]^ 


lliency oun that they were paflyd , de Avija^ 
Mento Concilii, fUi , . namely for a ^ Yere or 
two. For if iuch an Order be kepte, Men 
wii not be haftye to axe Rewards, * but if thay * i. e. 
pe of right good Merits , and many Men will*^*^^' 
be of the better Govemaunce, for the Kyngs 
Oouoceile fchuid dense them worthye to be . 
rewardyd. And thay that optayne not that 
Defyer fchal have than lityll Colour of Grutche, 
codiyderyng that they lacke yt by the Dy- 
Icrecyoun of the Kyngs Counceyle. And the 
Kyng fchal have hereby grete Refte and Qui- 
etnefle , and be Virell dcfendyd agey n iuch Im- 
portune Sutours* And yet his Grace may leve 
this Order whan ^hym « likyrh. ' And iS^OH 

^ Tere ; from the Saxon word S^ap, amus^ the g being 
turn'd into ajj produces our Englifli word year. From 
.this word S^Pj com^s the SaKon word jeajia, oUm' . , 
quondam^ of oldHime ; and jfirom thence comes the Englifli 
"Exf vcfCion^ i» days of yore. Somn. Sax..Di6t. 

c Likyth:^ from the SaXon Verb lician, placere^ to 
pleafey to confent ; and from thence our Engh'ih word , to 
Uke^ comes : from thence alfo comes the Subftantive li- 

cxxnT^Q^ fathfa^ion^ pleafure, and in modern En^iflV-i^ 
kifgg. Somn. Sax. Did. 

L X ? At 


Of Absolute, St. 

At the End ^ir Adrian Writes tlius ; 

Explicit Liber compiUuus ^ ftt- 
£tus per Johannein Fortdcuc 
Militem^ quondam Capitulem 

Jujiiciarium Anglic , t$ hie 
firiftus manu frofria mei A- 
clriaDiForteicaeilf/7/Vi/, i5'3^. 



A CA- 

A CATALOGUE of themoft con- 
fiderable Authors quoted in the> Re- 
marks to this Book. 

HIckcf. Ling. Vet. Sept. Thef.} X^nguarum 
Fett. Septentrionalium liejkurus^ Grammati'- 
co'Criticusj ^ AfcbieohgicUs^ AuHore GeoT'- • 
gio Hickefio. 

Du Frcfnc OlofT] GloJ/arium ad Script ores Media 
&? Infivue Latinitatisj jiuSlore Carolo Du Frefnej 
Domino Du Cange. 

Somtii. Diftionar; Saxon J DiSlionarium Saxonico^ 
Latino^jinglicum, Opera (^ Studio Gulielmi Somneri. 

Marefchal. Evangel. Saxon.] ^atuor D.N.Jefu 
Chrifti Evangeliorum Ferfiones per antique dua^ G^- ^ 
tbica^ fsih (^ jfnglo'Saxomca^ per ThomamMaref" 
cbattum^ jlnglufni 

Thwait's Heptateuch.] Heptateuchus ^ Uberjohj 
l^ Evangelium Nicodemi^ jfnglo-Saxonice j Hiftoria 
Judith Fragmentumj Dano^Saxonice ^ per Edwafdum 
TlbwaitSj h Collegio Regina. 

Nicot Di£fcionair. Franc] DiStionaire Franfois-- 
Latin ) par M. Nicot ^ Confeillier du Roy. A Paris 

Frandfc. Jun. Gloflar. Goth.] Glofarium Gotbi- 
cum^ opera Francifci Junii^ at the End of, MarefcbalU 
Evangeliorum Ferfiones^ i^c. 

Kiliani Etymol. Teuton. Ling.] Etymohmum 
Teutonic^ Lingua ^ Jive DiSionarium teutonico^ti^ 
num^ Studio Cormlii Kiliani. 


. t 

A Catalogue of the Authors 

Vcn. Bcdc] IBftoria EccUfiafiica Gent is jfngl(h 
rim IMhri ^ninfut^ a Fenerahitt Beda^ fctipti. 

Oltus Verelius Index.] Olai Fereli Indesi JUffffue 
Feteris Scytbo-Scandica Jivi Gotbiae. 

Xeidoon Jflandicum.] Le^con Ifianikm^ five G^ 
ihic£ Run^^ vet Lingua SepfefiSrionalis DiSfionariumj 
j^keiri Qudmutid^ Andrew Iftando. 

Lambard's Saxon Jliavs.] drchahmfmai fime de 
Prifcis jtnghrum Legibus \ GuUelmo Lambardo inter '^ 
frete. , , . 

' Speiman*s GlofEuy.] Ghjarium Jrchafologicum^ 
Authore Henrico Spelvfanng. 

Menage Origin. Franc] BiSionaire Etym$l<^quey 
cu^ Origines de la Lat^ue Franfoife^ far Mr. Menage. 
'a Paris. 

Menage Origin. Ital.] Le Origim della Lingua 
ItaJiana^ compilate^ Dal Sr. Egiaio M$na^io* In 

Fontanini Vind. Antiquorum Diplomatum.] Ju* 
fii Fontanipi y Findicia' uintiquorum Diptomatum^ 

iElfrick's Saxon Gram.] JElfrici Qrammatica Sa^ 

. Chronicum Saxonicum.] Cbrmcon Saxmcu^^ 
fer Edmundum Gibfon^ i Collegia Regina. 

ChroYiologia Saxonica..] Cbronologia AngbhSaxo^ 
may sum Latina Ferfione > Studio Abrabami ^bfloci. 

AUredi Vita. ] Alfredi magni Anglorum Regis In* 
^iSiffimi Fita. 

Colgrave Difl:*] A Frencb^E^ngUfi Dictionary 
^compiled by Mr. Randle Cotff'ave'. 

Cambden*s Britt.] Cambderfs Brittannia. 

Fortefcue de Laud.] Forte/cue de Lqudibus Legum 





quoted in the Remarks, 

i'A^i^mc.'} ffifimfi'jfyh 

gJeterre , par An^i du Chefne Hiftoriograpbe de 

ttickes's SaxQh Gram.J ' Gravmatica Jnglo-Saxo- 
nica, jfuSiore Giorgio Hkkefto. 

Boethius de Confolation. Philofopti. Saxon.] jin. 
Manl. Sever. Boetbi Confolationis P%ihfopbus , Libri 
quinque ^nglo^S^xonice redditi ah Alfredo. 

Benfon's Vocabular. Saxon.] VjocahulMum An* 
glo^SaxomcUm % Opera fhom^ Benfm h Cillegio Re* 

Mrs. Elftob's Saxon Homily.] Mn Englifi)-Saxon 
Homily on the Birth-day of St. Gregory^ by Mrs. 
Eliz. Elfiob. - - ; 

Lifle's Saxon Monuments.] Dihers ancient Mo- 
numents in the Saxon tongue^ by William IJfie. 

Fox's Saxon Gofpels.] ^tbe Gi^ls of fhe four 
pomgelifis^ trauflated into the vulgar tongue of the 
Saxons^ by Mr. John Fox. , . 

Chron. Preciof.] Chronicon Prefkfum ^ w an Ac^ 
count of Engl^ Money y for tbe.:^afl i(Jap Tears. 
London t joy. *■ 

Torriano Ital. Dift.] Focabolark ItalidMo G? /»- 
glefe^ byGio. torriano. 

Sclden's Tit. Hon.] titles of Honour^ by Mr, 

Wallis EngL Gram.] Jobannis IFalliSy Qramnuh 
tfca Lingua AngUcan^. 

Madox*s Hift^ of the Exchequer.] the I^flory 
4mi Antiquities of the Exdbequery byMr.Madox. 

5pelman's Saxon ffaims.] Pfalternm Dsviiii^ 
LatinO'Saxonicum vetus^ a Jobanne Spelmanno. 































• S- 
















































: fff 

















z ^ 

■ z,\ 

fie EhgUfi'Saxons write 'j for anb j and f far 
Sasc or ^v. 


An INDEX of the Wotds 
glofled, and of the Matters 
contain d in the whole Work. 


AGEYN. Page }o 
Alderman, Ealdorman^ 
one of the bigbefi Titles a- 
mong the Saxon Nobility. 

Aldermannus totius Anglise, 
Chief Juftice e/Engknd. 64 
Alhallo w V Berkin, the Etymo- 
iogy of it. Prcf. kxvi 

AUer, or Alder good. 144. 
Aller beft, omnium optimus. 


Almayn. 23 

Ambafiador, the meaning ana 

derivation. 47, 49 

Amortyfe. 140 

Ancient Demefn. 70 

Antemes. I4f 

Arms, hy the Saxon Laws e- 

very Freeman was bound to 

. find bimfelf with 4^ms. 1 1 

Arragoners. 23 

Arraignment, Arraign, Arrai- 

foner, the meaning thereof. 

To Axxzm an Ajjize^ or to Ar- 
rain a Prlfoner \ to Derain, 
Dcfrener j the fignification 
and derivation thereof, i z8 
Arramare, Arramirc, Arrama- 
tus, Arramir, the meaning 
of them. 12.7 

Arramare Affifam^ Arramare 

duellum s what. ibid. 

Arrayed, Array, Arroy, Def- 

arroy, the derivation and 

fignification. i z(S 

Artydi xx 

AiSgnments. 34 

Axen. 1 34 

Ayenfte, pj 

Balium, Balia, Ballium, the 

meaning and derivation 

thereof. 12 J 

Baudericks, Belts. f c 

Bayly-weke, Bayly, Bailifll^ 

Baillivus, from whence de^ 

riv*dj and the feveral figni-- 

fications thereof. izj 

Beame, Bohem. pz. 

Befett, Bcfitr. 84 

Behoveful, Behoof. 38 

Bere, Beer, Bere-corn^ Barn^ 

Bere-tun, Bar(on. ^7 

Beth, Beoth, Ben. 10 

Bifhoprick, its Derivation. 

Boundyn. ff 

Brochage. 1 06 

Broggars, Bragard, Brageur. 

Broker, anciently an Employ 

of Credit \ differs from a 

r awn-broker 'y which is not 

M efieem'd 


iptenCi an honeji 7)rsde. 

io(S, 107 

lulioh, Billion, from whence 
derw"^. I If 

Burrougb) Burg > its Antt- ' 
quity. 6f 

y&tf difference befween a City 
* ^;?i Borough ; - '66 

Puti Bout.' i8, 19 

But if. ' 96 

Ctiance-medley, vid. Homi- 
cide per Inforttmtum. 
Caryks, Carracks, Caracca, 
Carica, Carricare, * Carofla, 
CaroOC) Carru$9 Cargo. 

Caux. 9j 

Chcftcr, Ccafter, a termina- 
tion, of the ff antes of firwns 
and Cities^ their original 
derivation. 66 

Chcvcfeunce, Gherance, Obi- 
Vancia, Civan^a, jj 

Chirk, Cyritrk, Kyrk. 77 
Church-ieed, Chtircb«^ttj 
the meaning of it. ibid. 
City, Ortc. 6f 

City of London 5 it^) firfi 
Charter mas in the S^on 
Tongue. ibid. 

Clerk of the Rolls, vid, Rollf. 
Clerks of the Chapel. 157 
Coin, . among the Saxons, a 
true State of it. 80 

Jt Saxon Thrimfa, Mancqs, 
Ora, Sceat, and Srica, wlmt 
they /were. 8i, 8j 

What a Saxon Pound ^as^ 

and the difference betweitn 
that J and an Englifli Pound. 

j1 Saxon 'Sbilting *ix>as five 
Pence onlyi hut a Penny 
Saxoft vjas three Pence En- 
glifli. ibid. 
Conftable, derived from the 
* Comes ftabuli, a great Of- 
' ficer in France. i jo 
Conftable of EngTand , firft 
made - in WilliaoF the Con^ 
queror's time, and laid ^- 
Jide by Henry VIII. 131 
Conftabtes of Cajfles. i jo 
Conflabuhrius Scaccarii , 
ivhat. 131 

Cobftitution of England, not 
jfb/olufe, yet trufy Monar- 
chical, xxxiv 

Sie Excellency of it. 

ibid. & XXXV 

Convsocation j Kings of En- 
gland fend Commiffbners to 
Jit and prejide there. 48 

They have fometimes fat there 
in P erf on. ibid. 

Coronation Oath, vid. Oath. 

Counties, and divifion of them, 
yid. Shire ^ 

County, Hondred, and Bo- 
rough Courts, V)btn to be 
^beld by the Saxon Laws. 

' In the County Court fat the 
Bijhop ana Earl together, 
viihere the Spiritual cmdCi- 
vil Power ajjifted each #- 
ther. ibid. 


I N D 

Thefe Courts of much greater 
jlntiquity than tbofe of 
Weftminfter-halL ibid. 

Courts of Weftminftcr-hall, 
when fir ft ereSled. *' 20 

Creaunce, Creancien 31 

Criftcfl; 61 

Culprit; how wilt thou be 
tried? the fignification and 
derivation thereof. 129 

Decennary, or free Pledges. 


Dele, Dole, Dowl, from 
whence derived. i |J 

Demayn, Demean, Domain, 
from whence derived. 70 

Derain, Dcfrcncr, Dirationa- 
re, Difrationare, Defraifo- 
ner, the meaning and origi- 
nal thereof. • iz8 

Difcrivyd, defcrih*d or taxed. 


pifnie,Dirme Quinquennelie, 
Taxes fo calVd. 5^4, p f, 
and ^Ml^ Taxes. 

Do make. 4f 

Dome, Dom, Kyngdowi, Bi- 
fliops-dohie, Wifdome. 28 

Dgmefday-Book , begun, in 
William the Conqueror's 
time. 29 

How the King's Vajfals are 
defcriVd^ in Domefiday- 
Book, 70 

Dominus & Domioa Anglo-^ 

. rum, are ufed to fimify 

. King and ^een of JEng^ 
land. Ixxiii 

* From the Reign of King John, 

E X. 

to that of Henry VIII. fhf 
Kings of England u/ed tb$ 
Title of Lords of Ireland^ 

Dufepcrys , Dues & Pairs. 


Earl, from whence it is de* 
riv'd. 6z 

The moft ancient Title of the 
Nobiliiy came from the SfiK' 
Otis. ibid. 

Earl fometimes fignifiid ^ 
Prince^ 64 

Englond, £ngla*Land. p8 

Engliih Language^ William 
the Conqueror^ to extirpate 
it\ made a Law to have 
all Pleadings in French. 


Reft or' d by ASl of Parliament ^ 

\ ibid* 

Erthe, Eorth, 79 

Efchewc. I Of 

Efchcquer, from the old Nor^ 

mad word Efchcquicr, the 

Name of a Soverain Court 

in Normandy. 117 

Efquire, Efci^yer, Efcutchc- 

, on, Efcu. zT 


Fayner, fain. . 36 

Farm, Firma, from the, Saxon 

Fe<3irm, Pood{^r Meat. 1 39 
Firma unius NoSthh h e. 

Pr^fion for ^onjf Nfg/bt. 

The feveral meanings of the 

wordVnim* ibid. 

Fees- ^ . , . , 4^ 

Mi Fcld 


I if 





FcloVrfhip, Felagus. 

Fifchars, Fifc^ Fijb. 

Flote, Fleet. . 


Fortefcuc, Sir Adrian, 
Henry VIIFi timey bad the 
MS. Copy of this Book. 


Fortefcuc, Sir John, the un- 
doubted jtutbor of this Book. 


He was made the Kin^s Ser* 

jeant in the 8*^ Tear of 

Henry VI, and in the zo*^ 

Tear made Lord Chief Ju- 

ftice of England. ibid. 

He continued Chief JvL&icc of 
England about twenty Tearsy 
and then made Lprd Chan- 
cellor, xxxix 

His Salary was augmented 
twice for bis Services^ and 
was ^i?//*!/ Chief CounfcUor^ 
of the King. ibid. 

His Pedigree and Defcent^ li- 
neally from Sir Richard 
Fortefcue, who came in 
with William the Conque- 
ror, xl 

Bejides this Tf eatife, and that 
de Laudibus Legum An- 
glian, he was Author of fe- 
ver dl other Pieces hereafter 
to be puhlijb^d. xli 

Frank , a Piece of French 
Gold Cqin^ and the fever al 
forts. iii 

French 5 Law French, the re^ 
fufe only of the French 
tongue, - * Jiii 

Not underflood by the French 
themfelveSj nor of any ufe 
but to ferve as a Mark of 
our Slavery to the Nor- 
mans, ibid. 

To publifh Reports in Law- 
French is abfurd^ and in- 
jurious to the People (^ 
England. liv 

Full, a termination^ as Man- 
ful 37 

G, the Letter^ how ufed in 

Saxon. 165 yf-i Tf 

Gabel, Gabelle j the Deriva- 
tion and fever al Senfes 

thereof. 7^5 7^ 

The Gabel of Salt in France, 
when fir ft in ufe^ and how 
imposed. ibid. 

The Gabell of Wines in 
France, e:^//W Quacriefmc, 
what it was. 7J 

Gaftful, Agafi. 4 

Gavelkind, the true Etymolo- 
gy and feature of it. jt 
Gcders, 17 

Genoh, Ynough. 14 

Gild, GikJa, Gildonia, Gil- 
dare, Xjild-Hall, Gilda 
Mercatoria, z6 

Villa de Gippo, & Villa dc 
Gippo-vico, no variance ^ 
but a tautology only. Ixvi 
Goodly. 51 

Guft, Geft, or Gueft, the an- 
cient meaning of it. Ixxvii 
Gyfe, Gyfen, f 

Gyls. 5 




Harnefs, Harnefium, Har- 
ncfch. 91 

Harrow .o'thc Hill, the Ety- 
mology of it. Ixxvi 

Hem. 4 

Heretoga, HcretX)chii) Hcrc- 
toches, the meaning and de^ 
rivation thereof . 6}, 151 

Hcriot, the derivation of it. 


// differs from a Relief, not 
found among the Saxons. 


Hogenhync, or Agenhync, 
the meaning * of it . Ixxvi i 

Holy, Wholly, Hole. j6 

Homicide, ex neceflitatc, per 
Infortunium, & fe defen- 
dendo, their true original 
and great antiquity before 
the J Conquefi. Ixiv 

Honour, 7*itles of Honour , 
vid. Nobility. 

Hofyn, Houfcn. ip 

Huuing, the original meaning 
and derivation^ of it. lix 

Hyt. f 


Jakkes, Jaque, Jaquette, the 

derivation thereof. 88 

Jaque de Mail. ibid. 

Judges of England) by ancient 
Oatb^ are to determine 
Qaufes according to the an- 
mnt Laws of the Kingdom. 


Jugs 3 

Juries, Juryman, the antiqui- 
ty thereof. f6 

Juftice, Chief Juftice of Eng- 
land. , ' 64 

King, Cyning, or Coning^ 
from whence derived. p 

Duty and Office of a King, 
in the Opinion of the Saxon 
Church. ibid. 

Knzvc^ from the S^onCnapa, 
a Boy^ or Lacquey. 41 

Paul,^ Knave ofjefus Cbrijfj 
no where to be found in the 
New Teftamenc. /fl, 

Knight, Cniht, never ufed in 
the fame fenfe as Miles, a^ 
mong the Saxons, butjigni^ 
fied a Servant. 41 

In a MS. Tranjlation of the 
Revelations, is found tbeje 
words ; To ills Cnight 
John, i?w. 1. 1. 4z 

Knights of the Sbire^ i. c. 
whoferve in Parliament for 
that Sbire^ tho^ not really 
Knights. ^.i 

Kynne, Kindred. 10? 

L. * 

Laceny , /. e. Larciny, the 
derivation of it. \ op 

LaAy^from the Saxon HIafdy, 
which anciently fignifiedj 
^een-Confort , ^een- 
Dowager and §^een Reg- 
nant. Ixxiii 

Maud the Emprefs^ when in 
PoffeJJion^ calPd Lady of the 
Englifh. ibid. 

So Lord^ propter Excellenti- 
am, was and is ftill ufed 
tofignify King. 

' ibid. & Ixxiv 
' Language 


Language Saseop, vid. Saxon. 

Language Englifh, vid. En- 

Law I tbf L^fvs among the 
SaxonS) hub Statute and 
Common^ were called Dome 
and Domas. 28 

Statute Book , and Reports of 
the Saxons^ called Dome- 
Book, ibid. 

I^w 9 Laga , Seaxen-laga , 
Mcrccn-laga, Dane-laga, 

Engla-laga. xxtii 

Lagamannus.* ibid. 

STAf fever al Species $f Laws , 
and the true Notion and 
Nature of a Law. ii 

fbe Excellency of the Law of 
England. iv 

jff certain as awf other bu^ 

, man Law. ibid. 

Law is capable of Mathemati- 
cal Demtmftration. V 

fie Divine Law, and the Law 
i>f Nature. i, ii 

Common Law allows of no 
Proofs hy Depojitions* x 

Xhe Nature ofOmunoa Law. 


Common Law^ as anciem as 
mfi Laws in Europe, and 
is the fatne in Se^fiame as 
"aitcientty it was. 

xiv, xviii, xxii 

There are now extani Laws in 
the Engliih-^Saxon Lan- 
gui^i ahuf eleven hundred 
Zittrstdd. Kvii 

Common Law- «f . fingJand, 

Jirfi begun in K. AlfredV 
Reign J who was calFd ^ 
Magnus Juris Anglicani 
Conditor. xviii 

Common Law of England, 
called in the Saxon'j . time^ 
/Atf Folk-right, or Peoples-- 
right. XX 

Edward the Confejfbr not the 
jirfi Compiler of the C^». 
«^e?» Law e/ England, xxiii 

Common Law, n^t aholijb^dj 
hut confirmed by William 
the Conquer or J and his Sue- 
cejfors. xxvi, xxviii 

Laws of William the Cofp- 
queror couched in Saxon 
Terms. xxvii 

Magna Charta, the Sub fiance 
of it derived from Edward 
the Confejffir's^ and other 
Saxon Laws, xxviii, xxix 

Is only a Refiitution of the 
Common Law. • ibid» 

Germany, the common Mother 
of mofi Laws in the We^ 
jlern P^s of Europe, 


iTye Salick L<w, thought the 
mdfl ancient 4>fany. xxii 

It has many Names of Officers 
and other Terms^ in comr 
men wifh the Law af Eng- 
land, ibid. Ac xxiii 

Lex AlcAaonomm^ Bainario? 
rum &FraocDnifa. xxxiii 

Lex non fcripta, had its 
rife from the Germzn Laws. 


tb^ fen Commandments <9oere 




made part ^f the Law of 
England, in the Saxon 
times. xlix 

Law French, vid. French. 
Lawyer, f(J 

Lcfc. 134 

Likcth. 147 

Lift. 117 

Lordfchipis, Lardjhifu 8 5 

M^gna Charta, vid. Lav). 
Magre, Malgrc. 7f 

M2x\^ Mall^ Pall Mall. 89 
Maille, Maily Coat of Mail* 

Maille de Haubergeon. ibid. 
Manafyd. 4 

Mannys, Man. f 8 

Manflaughter, the T'ermy and 
Notion^ to be found among 
the SdxoDrLaws. Ixi 

^e difference between Mur- 
der and Manflaughtcr, of 
great antiquity. Ixii 

^e original from the Gtv- 
xxmiLaws. Ixiii 

Marches. 4; 

Ma/k, the ancient 'oalue and 
the feveral /oris thereof, 

St Mary OvcrV, the true de- 
rivaiibn of it. hcxvi 

Matter of the R§Us , vid. 
Clerk of the Rolls. 

Maud,, the Emprefs^ took upr 
on her the iitU of ^ueen^ 
by the Name ^/IDomina 
Anglorum, or Lady of the 
£ngliih. Ixxii 

May, Might and Main. 

May alien. ^9 

May do. 1 38 ^ 

Mich, Mickel. yf 

Month, from whence derivdj 
and the feveral Nam/ss of 
the Months .given by the 
, £ngIifh-SaxoQ5# \iS 

More part. 14 

Mortmain. 140 

Mot, Mout, Mowt, Mowc, 


Murder, the derivation of the 

Word. f p, Ix 

TChe antiquity and ufe of ity a-* 

mongthe Goths, Germans, 

Danes, and other Northern 

' Nations* he 

Murdrator, Lawjs concerning 

Murder in Ed waxd the Con^ 

f efforts time. 11 


Nam, Name, Nampsj Na- 

mium, the true meaning 

and Derivation. 

xlix, and li 
^e true difference . between 
Vecito Namio, and Wi- 
thernam. 1 af^ li 
Nc, Not, Na, NcAt, if 
Nede. j-S 
Negation, the natnre of it in 
^antities. 16 
Negatives, the Saxons ufe 
two J fometimes three j fome'- 
times four Negatives, to 
deny more fir ongly. if 
An odd number of Negative 
denys\ and' an even number 
of Negatives always affirms. 



I N D E X. 

Nembroth. 8 

Nobilicy^ tbe Names and 7/- 

tles of Honour among tbe 

Saxons. 6t 

Tbe Prince, a$ul all tbe Kin^s 

Sons were called MthtXxrig^ 

Qtto, t^e. ibid. 


Oath, Coronation Oatb. xxvi 

In tbe ancient Coronation 

Oath, tbe Laws i^/ Edward 

tbe Confeffor are exprejfly 

* mentioned. xxviii, xxix 

Or, Ere. 3f, lo^ 

Owyd. 84 


Panyms. 3 

Parliament, Commons of Ene;* 

land were part of it in the 

time of tbe Saxons. Ixxviii 

St. Paul, by tbe Saxons fet a- 

bow St. Peter. Ixviii 

Penny, Penningus. 80 

Popeiy,/rtfw tbe Szxon Laws 

and Homiliesy appears to be 

a new invented things at 

its beigbtb in William tbe 

Conqueror^s Tlime. Ixx 

Port Reeve, tbe derivation of 

it. 6f 

ZiOrd Mayor of London, an^ 

ciently calPd Port-Reeve. 


Prayers, tbe Saxons bad Je^ 

ven fit times , for public k 

Prayers in a Day. 143 

Prince of WalesV Motto ^ 

Ich Dien, tbe meaning t^ 

it. 41 

Procurators, Mejfengers. 48 

Procurator Regni & Rci- 

publicac. ibid. 

Vxoxits and Commijfaries. ibid. 

Prys, Pyrfc. 34 

Quaterymes, or Quatriefmes, 
a Tax on fFines in France. 

Queen, Quen, tbe origintal de- 
rivation y and the fever al 
fenfes tbereof. jo 

Queen was fometimes exprefs'd 
by Lady^ or Hlafdy, among 
/i&^ Saxons. Ixxiii 

Quinfimes. p; 


Rationare, Raifoncr, ad ra- 
tionem ponerc, the mean^- 
ing tbeteof. i z8 

Realme, Reaume. 7 

Rede, falfly wrotCj Read, its 
meaning. Ixx 

Rieht feld. 99 

Riht, Right J Right- wife, 
Right-worfhipful, Right- 
reverend, Right-honoura- 
ble. 3r 

Rekenyd^ « 46 

Remenaunte. 60 

Renne, Ryne, Rhine, tbe de^ 
rivation and meaning there- 
of 104 

Rex, Rdx, Rice, Ric, Rich. 


Tie River Rhyne, from 
whence it is derived. 104 

Rolls, Clerk or Mafier of tbe 
Rollsy bis T'itle and Office. 

1x8, up 


I N D 

His Houfe calVd Domus Con- 
vcrforum , given by Hen- 
ry III. to the converted 
Jews. IIP 

BeforeHtnryYlVs time calFd 
Clerk of the Rolls. ibid . 

Rovers, Robbers^ Pirates^ a^f 

Rudmas-day, the meaning of 
it. Ixv 


Sabbath, a Slave working on 

^ that day was made Free , 

and he that was Free became 

a Slave. xlvii 

Jf a P tie ft offended^ he was 
to be punijh^d doubly, ibid, 

Saxon Coin^ and Money^ vid. 

The Saxon Language^ Mother 
of the Engliih Tongue, xlii 

U/efuly to explain the Terms 
of the Lawy and many other 
Terms. ibid. 

The ' ExpreJJivenefs of this 
Language. xliii 

Like the Greek in Compounds. 


Saxon Language ufeful^ as 
well as ornamental. xlii 

Necejfary to Lawyers, ibid. 

Schepe. zf 

Schewyd, Scheryd. 74 

Scle. 10 

Scotland, Jignified antiently 
Ireland as well as Scotland. 


Scots, the derivation of the 

Word. ibid. 

Duns Scotus,y?^^^W to Death 


with Penknives by bis Scho^ 
lars. ibid. 

Scotia, from Scythia., 100 

The Scriptures tranflatedy by 
Saxon Kings and Prelates^ 
into their own Mother 
Tongue y and enjoined' by 
Law to be taught in Eng- 
liih above 700 Tears ago. 

Ixix • 

Scute, or Ecus d*Or, Skutes 
of Goldy what they are. 21 

^Scutum, Efcu, Efcuycrj Scu- 
tifcr. ibid. 

Scythia, the derivation of it. 


Scld, Seldcn, Sclten, Unfel- 
den. 18 

Scrples, Mantles. f i 

Sheriffs, tligh- Sheriff s^ whatj 
and from whence derived. 

64, IIZ 

Shields, covered with Leather 
in time of Saxons. z z 

Ship, a termination^ as Wwr^ 
Jbipyjlldermanfhipytiic. 37 , 

Shire, from whence deriv'd^ 


Divijion of S\iirt% or Counties^ 

was long before King Al- 

frcdV time. ibid. 

To Sing, Jignified alfo to pray^ 

among the Saxons. 142; 

Sithen. 4 

Sone. 60 

So wdan, Souldan, Sultan, 79 

Steward, a Compound of two 

SxKon fFbrds. 130 

Sum, Some, the derivation ^ 


' fimtimis a Urminathn^ as 
limefomey Ugbtfome^ &c. zo 

yJb^ Letters^ th, bw) ufedy and 
ixfrefs'd in Saxon> 60 

Taxcs^ Talys, Tail. i, 84 

Quinfipes^ pr Fifteenths of 
all Moveables granted in 

. 18'^ Edward I. 94 

jt Tenth of all Temporals^ and 
a Moitiy of Benefices^ grant- 
ed in %\^ Edward I. ibid. 

A Thirtieth of all ^emporals^ 

. and a twentieth of , all Ci- 
ties and BHrrou^s^ ibid. 

DtTsie Quinquenal, or ^Tcnth 
far five X^^^ together, pjr 

He ancient way . and manner 
of colleSling Tmcs. 94 

^Tlianc, Th^in, among the 
. 3axons, %^ba$,. 41 

Tfaaoi Majores,' Thani Mi- 

Thcfes. . p8 

Tbccifel^ Hewfylf. 1 3 

l^ercas, 3(5 

Tistgedef^. 17 

Twc Men. p8 

Tylfciwi. P7 

Tyrwt, what It is^ according 
. iki /^^ Notion of the Sax<?ns. 


Verbs Auxiliary, in the Saxon 

yj^^^^tf. d, 7, 10 

Vicar, 48 

Villa dc Gippo, and Villa de 

Gippo-Vico, OT variance^ 

but a tautology only. Ixvi 

Uncouth, the derivation of it. 

Unncth, Scarce. 17 


.Watden (?/ /i&^ Ports. 1 5 r 

Wcregild, 26 

Wcrks, Weorc, Clerk of the 

Wert's J now vulgarly calVd 

. ^(?f-^/, .44 

Wic, tfr Wicb, /^^ fever ai 

meanings and the true de- 

^ rivation thereof, i tf , Ixvi 

WithipmafQjf i&^ fever al Mean-- 

ings and Etyntology of it. 

Capias in Withernam^ ibid. 
Wpnt, WoniKd. 108 

Worfchipful. 27 


Ydden, Gylden, Geld, Gelt. ' 

y#re. . H7 

.Yielding andpm^g. zj 
Ynough, 14 













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