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A59100.xml
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A59100.xml
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<title>Tracts written by John Selden of the Inner-Temple, Esquire ; the first entituled, Jani Anglorvm facies altera, rendred into English, with large notes thereupon, by Redman Westcot, Gent. ; the second, England's epinomis ; the third, Of the original of ecclesiastical jurisdictions of testaments ; the fourth, Of the disposition or administration of intestates goods ; the three last never before extant.</title>
<title>Selections. 1683</title>
<author>Selden, John, 1584-1654.</author>
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<title>Tracts written by John Selden of the Inner-Temple, Esquire ; the first entituled, Jani Anglorvm facies altera, rendred into English, with large notes thereupon, by Redman Westcot, Gent. ; the second, England's epinomis ; the third, Of the original of ecclesiastical jurisdictions of testaments ; the fourth, Of the disposition or administration of intestates goods ; the three last never before extant.</title>
<title>Selections. 1683</title>
<author>Selden, John, 1584-1654.</author>
<author>Littleton, Adam, 1627-1694.</author>
<author>White, Robert, 1645-1703.</author>
<author>Selden, John, 1584-1654. Jani Anglorum facies altera. English.</author>
<author>Selden, John, 1584-1654. England's epinomis.</author>
<author>Selden, John, 1584-1654. Of the original of ecclesiastical jurisdiction of testaments.</author>
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<publisher>Printed for Thomas Basset ... and Richard Chiswell ...,</publisher>
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<date>MDCLXXXIII [1683]</date>
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<note>Engraved frontispiece portrait of the author signed: R: White sculpsit.</note>
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<note>Errata: p. [1] following p. [131] of first grouping.</note>
<note>Reproduction of original in the Duke University Library.</note>
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<note>The reverse or back-face of the English Janus, to-wit, all that is met with in story concerning the common and statute-law of English Britanny ... / written in Latin by John Selden ... ; and rendred into English by Redman Westcot, Gent. London : Printed for Thomas Basset, and Richard Chiswell, MDCLXXXII [1682] -- England's epinomis / by John Selden, Esquire. London : Printed for Thomas Basset ... and Richard Chiswell ..., MDCLXXXIII [1683] -- Two treatises written by John Selden ... : the first, Of the original ecclesiastical jurisdiction of testaments, the second, Of the disposition or administration in intestates goods. London : Printed for Thomas Basset ... and Richard Chiswell ... MDCLXXXIII [1683].</note>
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<pb facs="tcp:108529:1"/>
<gap reason="duplicate" extent="1 page">
<desc>〈1 page duplicate〉</desc>
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<p>
<figure>
<head>JOHANNES SELDENUS. Armig:</head>
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<pb facs="tcp:108529:2"/>
<p>TRACTS Written by JOHN SELDEN OF THE INNER-TEMPLE, Esquire. <list>
<item>The First Entituled, JANI ANGLORVM FACIES ALTERA, rendred into <hi>English,</hi> with large Notes thereupon, by <hi>REDMAN WESTCOT,</hi> Gent.</item>
<item>The Second, <hi>ENGLAND</hi>'s <hi>EPINOMIS.</hi>
</item>
<item>The Third, Of the Original of ECCLESIASTICAL Jurisdictions of Testaments.</item>
<item>The Fourth, Of the Disposition or Administration of Intestates Goods.</item>
</list>
</p>
<p>The Three last never before Extant.</p>
<p>LONDON, Printed for Thomas Basset at the <hi>George</hi> in <hi>Fleet-street,</hi> and Richard Chiswell at the <hi>Rose</hi> and <hi>Crown</hi> in S. <hi>Paul</hi>'s Church-Yard. <abbr>MDCLXXXIII.</abbr>
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<pb facs="tcp:108529:3"/>
<pb facs="tcp:108529:3"/>
<p>THE Reverse or Back-face OF THE <hi>English</hi> JANUS. TO-WIT, All that is met with in STORY Concerning the COMMON AND STATUTE-LAW OF English Britanny, From the first MEMOIRS of the two NATIONS, to the Decease of King <hi>HENRY</hi> II. set down and tackt together succinctly by way of Narrative. Designed, Devoted and Dedicated to the most Illustrious the EARL of <hi>SALISBURY.</hi>
</p>
<p>Written in <hi>Latin</hi> by <hi>JOHN SELDEN</hi> of <hi>Salvinton,</hi> Student of the <hi>Inner-Temple</hi> in <hi>LONDON;</hi> and Rendred into <hi>English</hi> by <hi>REDMAN WESTCOT,</hi> Gent.</p>
<figure>
<head>Haec faci<g ref="char:EOLhyphen"/>es Populum spectat; at illa Larem.</head>
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<hi>London,</hi> Printed for <hi>Thomas Basset,</hi> and <hi>Richard Chiswell.</hi>
<abbr>MDCLXXXII.</abbr>
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<div type="dedication">
<pb facs="tcp:108529:4"/>
<pb facs="tcp:108529:4" rendition="simple:additions"/>
<opener>To the Right Honourable and truly Noble Lord, <hi>Robert</hi> Earl of <hi>Salisbury,</hi> Viscount <hi>Cranborn,</hi> Baron <hi>Cecil</hi> of <hi>Essenden,</hi> Knight of the Illustrious Order of the Garter, Lord High Treasurer of <hi>England,</hi> Master of the Court of Wards, and Privy Counsellor to His Most Excellent Majesty, <hi>JAMES,</hi> King of <hi>Great Britain, France</hi> and <hi>Ireland,</hi> Heartily according to his high desert, I devote and dedicate,</opener>
<p>
<seg rend="decorInit">A</seg>ND as it were with consecrated Flowr, and crackling grain of Salt, I offer up in Sacrifice. I am not in condition to do it with a costly Victim, or a full Censer. <hi>GREAT SIR,</hi> deign with favour to receive these scraps of Collection; relating intirely, what they are, and as far as the present Age may be supposed to be concerned in ancient Sto<g ref="char:EOLhyphen"/>ries and Customes, to the <hi>English-British</hi> State and Government; and so far forth to <hi>Your</hi> most Honoured <hi>Name.</hi> Which Name of Yours, whilest I, one of the lowermost Bench, do with dazzled eye-sight look up<g ref="char:EOLhyphen"/>on (most <hi>Noble Lord,</hi> and great Support of your Country) I devoutly lay down Upon its ALTAR This small Earnest and Pledge of my Obedience and Duty.</p>
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<div type="translators_preface">
<pb facs="tcp:108529:5"/>
<pb facs="tcp:108529:5"/>
<head>THE TRANSLATOR'S PREFACE TO THE READER.</head>
<opener>
<salute>Reader,</salute>
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<p>
<seg rend="decorInit">T</seg>HOU canst not be such a Stranger to thy own Countrey, as to need my commenda<g ref="char:EOLhyphen"/>tion of the Learned, Worthy and Famous <hi>AUTHOR</hi> of these following Sheets; or that I should tell thee, what a Scholar, a Phi<g ref="char:EOLhyphen"/>lologer, a Humanist, a Linguist, a Lawyer, a Critick, an Antiquary, and (which proves him an ab<g ref="char:EOLhyphen"/>solute Master of all these and many other Knowledges) what a Writer, the Great <hi>SELDEN</hi> was. Since it is liberally acknowledged by every body, that knows any thing (not only at home, but abroad also among Foreigners) that <hi>Europe</hi> seldom hath brought forth <hi>His Fellow</hi> for exquisite Endow<g ref="char:EOLhyphen"/>ments of Nature, Attainments of Study, and Accomplishments of Ingenuity, Sagacity and Industry. And indeed, to save me the labour of saying any more concerning this <hi>Non-pareil</hi> in all kinds of Learning, His own <hi>WORKS,</hi> which are now
<pb facs="tcp:108529:6"/>
under a Review, and will e're long be made Publick in seve<g ref="char:EOLhyphen"/>ral Volumes, will sufficiently speak his Character, and be a more prevailing Argument to indear Him to thy good Opi<g ref="char:EOLhyphen"/>nion and firm Acquaintance, than mine or any other <hi>Words</hi> can.</p>
<p>My business now is only to give thee some Account of the Author's design in this little <hi>Treatise,</hi> and of those mea<g ref="char:EOLhyphen"/>sures I took in Translating Him, that is, in restoring him to his own Native Language; though his great <hi>Genius</hi> had made the <hi>Latin</hi> and several other <hi>Tongues,</hi> as natural and familiar to Himself, as the <hi>English</hi> was.</p>
<p>To speak first of the <hi>Author,</hi> I do take this Piece to have been one of his first Essays, if not the very first; wherein he launched into the World, and did not so much try the Judgement, as deservedly gain the Approbation of the Learned: which was certainly one Reason, why, though the whole matter of the Book be of an <hi>English</hi> Complexion and Concern, yet he thought fit to put it forth in a <hi>Latin</hi> dress. That this was his first <hi>Specimen,</hi> or at least one of the first, I gather from the time of his Writing it, <hi>viz.</hi> in the Six and Twentieth year of his Age; when I suppose he was not of any very long standing in the <hi>Temple</hi>; I mean, in all likelihood, whilst he was on this side the Bar. For having fraught himself with all kind of Learning, which the <hi>University</hi> could afford him (which could be, we must imagine, no small time neither; as I may be allowed to guess from that passage of his in this Book, where he so affectionately recognizeth his Duty and Gratitude to his dear Mother <hi>OXFORD</hi>; who, if she had no other <hi>Anti<g ref="char:EOLhyphen"/>quity</hi> to boast of, is and ever will be Famous for This Her Scho<g ref="char:EOLhyphen"/>lar, our great <hi>Antiquary</hi>; who hath also such a Monument to be seen in her publick <hi>Library,</hi> as will make her Glory and his Memory ever to flourish) I say, having after some compe<g ref="char:EOLhyphen"/>tent time taken leave of <hi>Academical</hi> Institutions, and being now engaged into the Study of <hi>Law,</hi> he thought he could not do his Profession a better service, than by looking back into former times, and making a faithful Collection of what might be Pertinent and Useful, to bring down, along through all Changes and Vicissitudes of State, the Light and Strength, the Evidence and Reputation of old Institutes and Precedents to our present Establishments under our Gracious and Happy Monarchy. May It, as it is in its Constitution to the <hi>English</hi> people <hi>Gracious;</hi> so be ever in its Success to It self, and con<g ref="char:EOLhyphen"/>sequently
<pb facs="tcp:108529:6"/>
to Us all, <hi>Happy!</hi> Here then thou wilt find the Rights of Government through all Ages, so far as our Histo<g ref="char:EOLhyphen"/>ries will help us; Here thou wilt see, from the first, our <hi>KING</hi> setled in his just Power, even in his <hi>Ecclesiastical Ju<g ref="char:EOLhyphen"/>risdiction</hi> against the <hi>Papal Usurpation;</hi> one shrewd Instance whereof is, the forbidding Appeals to the <hi>Pope,</hi> at such a time when the <hi>Popish Religion</hi> was at its Zenith in this Island; that is, when People in all probability were most Ignorant. Here thou wilt easily be brought to acknowledge the Antiqui<g ref="char:EOLhyphen"/>ty and Usefulness of <hi>Parliaments</hi> (though under other Names till after the Conquest) when all the <hi>Barons,</hi> that is, as that Title did at first import, all Lords of Mannors, all Men of Estate assembled together for the determination of publick Affairs: which Usage, because it produced too numerous and cumbersome a confluence, was afterwards for better conve<g ref="char:EOLhyphen"/>nience retrenched into a popular Election by the Kings Writ to chuse some of the Chiefest to act for all the rest. And sure enough, if we in Duty keep up the <hi>Royal Prerogative,</hi> and our Kings, as ever they have done, and ever, I hope, will, in Grace and Clemency oblige the <hi>Peoples Consent</hi> in their Re<g ref="char:EOLhyphen"/>presentatives; we shall alwayes have such Laws, such a Go<g ref="char:EOLhyphen"/>vernment, such a Correspondence betwixt Prince and Subjects, as must (according to the Rules of Humane Prudence, ad<g ref="char:EOLhyphen"/>ding our Piety to it) make this Kingdom of Great <hi>Britanny</hi> (maugre the malice of the Devil and his Agents whatever, <hi>Je<g ref="char:EOLhyphen"/>suits</hi> or <hi>Fanaticks</hi>) a flourishing and impregnable Kingdom.</p>
<p>Having said this in General of the Author's design, I shall not descend to Particulars, which I leave to thy self, <hi>R<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap>ader,</hi> to find out, in the perusal, that may be of good Use and great Consequence to the Publick; but fearing, thou maist think I am so much taken up with the <hi>Author,</hi> that I have for<g ref="char:EOLhyphen"/>got <hi>My self,</hi> I have two or three words to speak of that sorry subject, before I leave thee.</p>
<p>As to the <hi>Translator;</hi> I confess, it is no great credit for any one to appear in that Figure; a Remark, which I have learn't from one, who hath translated another excellent Piece of this <hi>Noble Author, (Noble</hi> I call him, sith Nobility is rais'd by Parts and Merits, no less than continued by Birth and Descent) it was his <hi>Mare Clausum,</hi> wherein he, I spoke of, hath acquitted him<g ref="char:EOLhyphen"/>self very well, abating for his Villanous <hi>Dedication</hi> to the <hi>RUMP-Parliament,</hi> which was then setting up for a <hi>Republick;</hi> in which Dedication of his, he hath vilely and like himself (I
<pb facs="tcp:108529:7" rendition="simple:additions"/>
speak in Charity, as to his Interest, I mean, not his Judge<g ref="char:EOLhyphen"/>ment or Conscience at least, if there were any) aspersed the <hi>Royal Family</hi> with Weakness and Collusion, to have lower'd the <hi>British</hi> Renown.</p>
<p>I am bid by Him, who puts this into thy hands, to tell thee, that when he was embark'd into this Employ; what<g ref="char:EOLhyphen"/>ever it was, upon the coasting of it over, he was surprized to find, he had undertaken such a difficult and hazardous Voy<g ref="char:EOLhyphen"/>age, and did presently conclude, That none but a <hi>Selden</hi> (that is, a Person of omnifarious Reading) was fit to be a <hi>Selden</hi>'s Interpreter. For no other person, but one so qualified, can be Master of his Sense, Master of his Expression. His ordi<g ref="char:EOLhyphen"/>nary Style, where he delivers himself plainest, is as to the Matter of it, so full of Historical and Poetical Allusions and as to the Method (and hath that of Crabbed in it besides) so Intricate and Perplex, that he seems, even where he pre<g ref="char:EOLhyphen"/>tends to Teach and Instruct, to have intended only to Amuse and Confound the Reader. In very deed, it is such a Style, as became a Learned <hi>Antiquary,</hi> which is to be <hi>Antique</hi> and Ora<g ref="char:EOLhyphen"/>cular; that one would think, the very Paper, he wrote upon, was made of the <hi>Sibyll</hi>'s old-worn Sheets, and that his mean<g ref="char:EOLhyphen"/>ing could not be fisht out without the assistance of a <hi>Delian</hi> Diver. However the <hi>Translator</hi> (though so much Inferiour to the Undertaking, as to be almost Unacquainted with some considerable parts of it) did presume (whether rightly or no, must be left to thy judgement) that he was not utterly unfurnished with those Skills and Helps, which might make the Work Intelligible and Acceptable even to Plebeians. For though it was at first designed by the Excellent Author in his <hi>Latin</hi> for such as were meerly Lawyers and Scholars (they must be both, that mean to understand it as he wrote it) yet now it being done into <hi>English,</hi> it was to be calculated to the Meri<g ref="char:EOLhyphen"/>dian of common Capacities and vulgar Understandings. Which end he hath, he hopes, in some good measure an<g ref="char:EOLhyphen"/>swered; and in order to which end, he hath, to supply the de<g ref="char:EOLhyphen"/>fects of his <hi>Translation,</hi> at the end of the Book subjoyned some <hi>Annotations,</hi> which may serve partly to clear the Author's meaning, and partly to vindicate himself in the Interpreta<g ref="char:EOLhyphen"/>tion. He did think once to have affixt those <hi>Annotations</hi> to the places they belong to; but upon second and better thoughts, he consider'd, that the Authors <hi>Quotations</hi> would be enow of themselves to charge the <hi>Margin</hi> with, and a further superfoe<g ref="char:EOLhyphen"/>tation
<pb facs="tcp:108529:7"/>
would but cloy and surbate the Reader; though in the body of the Work, there are up and down many Explanati<g ref="char:EOLhyphen"/>ons inserted, to excuse him from the trouble of having re<g ref="char:EOLhyphen"/>course to those Notes, which are added out of pure necessity, and not from any vanity of Ostentation, since the whole, if it had its due, might seem to require a perpetual <hi>Comment.</hi> In the main, which is enough for a <hi>Translator,</hi> be his <hi>Author</hi> what he will, he doth assure thee, that the meanest Subject of <hi>En<g ref="char:EOLhyphen"/>gland</hi> may now read one of her greatest Champions and Wri<g ref="char:EOLhyphen"/>ters (for Learned Pens sometimes do as good and as great service as Valiant Swords do) so understandingly, that he may edifie and learn, what duty and deference he ought to have for the Best of Governments.</p>
<p>And now, <hi>Reader,</hi> excuse me in a Digression, and do not impute it as a Levity to me, that I follow my Grave Au<g ref="char:EOLhyphen"/>thor. It is my Duty so to do; it is my Happiness, if I can: He doth not despair, now he appears in <hi>English,</hi> to have <hi>Fe<g ref="char:EOLhyphen"/>male-Readers</hi> too, to court him so far at least as to peruse his Translation, who hath so highly courted them with Noble Caresses in that Chapter, wherein he hath so learnedly plead<g ref="char:EOLhyphen"/>ed the Excellencies and Rights of that <hi>Angelical Sex,</hi> (if Angels have any Sex) to the abashment and overthrow of the <hi>Salick</hi> Law. To what purpose did the <hi>Author</hi> write so much in their Commendation, if they were not to know it? which, if the poor <hi>Translator</hi> hath any Obligations upon the Sex, he hopes they will own this as an Addition: not to men<g ref="char:EOLhyphen"/>tion that other Chapter of his, where, like a Gentleman and a Lawyer both, he maintains that freedom peculiar to our <hi>English Ladies,</hi> and which with Lawyers leave, I may call <hi>The Courtesie of England,</hi> in receiving of Salutes, against the censure of Rudeness on the one hand, and the suspicion of Wantonness on the other. Though I must confess also, that some of his Citati<g ref="char:EOLhyphen"/>ons in that defence, are so free, that I thought fit rather to leave them as I found them, than by putting them into <hi>En<g ref="char:EOLhyphen"/>glish,</hi> to expose the Modesty of the Sex.</p>
<p>I have no more to say, <hi>Reader,</hi> but to beg thy Excuse, for any thing, wherein I may appear to have come short of the Weighty and Abstruse Senses of our Great and Worthy Au<g ref="char:EOLhyphen"/>thor, and that I may detain thee no longer from his Conver<g ref="char:EOLhyphen"/>sation, to bid thee <hi>Farewell.</hi>
</p>
</div>
<div type="authors_preface">
<pb facs="tcp:108529:8"/>
<pb facs="tcp:108529:8"/>
<head>THE AUTHOR'S PREFACE TO THE READER.</head>
<p>
<seg rend="decorInit">A</seg>ND that the Tutelar or Guardian of my threshold may not entertain thee with unlucky or ill-boding terms, he doth freely be speak thee Health and Greeting, whoever thou art, <hi>Dear Reader.</hi> More<g ref="char:EOLhyphen"/>over, he is in the humour to declare both the Occasion of drawing the first Furrow of this Enterprize, and also the Model and Frame of the whole Work, what it is, finished and compleated. It is a long while ago, considering how young a man I am, since from the first I have made it my hearty wish, that the ancient Ori<g ref="char:EOLhyphen"/>ginal and Procedure of our <hi>Civil Law</hi> might more fairly and clearly be made out; as far, I mean, as the thing will bear, and as what store we have of publick Records affords assistance.
<q>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>,</q>
<q>For several men with several things are pleas'd,</q>
as said <hi>Archilochus</hi> of old; and I do own for my self, what <hi>Seneca</hi> the Declaimer saith,<note place="margin">Senec. con<g ref="char:EOLhyphen"/>trov.</note> that <hi>I take pleasure in going back to Studies of Antiquity, and in looking behind me to our Grand-sires better times.</hi> Which, to say truth, they who do too much, slight,
<q>
<pb facs="tcp:108529:9"/>
<note place="margin">Lucret. l. 1.</note>Ardua dum m<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap>tuunt, amittunt ver<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap> viai.</q>
that is,
<q>
<l>Whilst l<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap>fty passes they do fear, through sloth</l>
<l>They lose the certain tracks and paths of troth</l>
</q>
And, so may the Muses alway favour me, they are such things as are
<q>
<l>—Anteiqua, sepolta, vetusta,</l>
<l>
<note place="margin">Eno. Annal. l. 7.</note>Quai faciunt mores veterésque novosque tenentem</l>
<l>Moltarum veterum Legum, Divômque Hominumque</l>
<l>Prudentem.—</l>
</q>
as saith another old <hi>Latin</hi> Poet; that is, such stori<gap reason="illegible" resp="#APEX" extent="2 letters">
<desc>••</desc>
</gap> as are
<q>
<l>Antique, buried in rubbish, old and musty,</l>
<l>Which make one verst in customs old and new,</l>
<l>And of Laws, Gods and Men giving a view,</l>
<l>Render the careful Student skill'd and trusty.</l>
</q>
Some spare hours have been spent by me in reading over <hi>Historians, Chronologers, Antiquaries,</hi> Foreigners and our own Countrey-men, those of Ancient date and the more polite of the Modern sort: those especially who seem'd to make out the quickest course to that Goal and design I spoke of. I have carefully cull'd out whatsoever I met with, that lookt like the Orders and Decisions of <hi>Praetors</hi> or Lord Chief Ju<g ref="char:EOLhyphen"/>stices, and whatsoever concerns the <hi>Civil</hi> or <hi>Prophane Law. (Pro<g ref="char:EOLhyphen"/>phane</hi> I call that, which is not held by the Religion of the Church; as <hi>Sextus Pompeius</hi> hath taught me.) I did judge that there were a great many things in those Writers worth the knowing, and which might deserve to be digested into a kind of Volume according to order of Chro<g ref="char:EOLhyphen"/>nology, I did in the first place advise, and took that special order with my self, that as to this undertaking, I might with the greater ease have my Attendants ready at hand to wait upon my Studies. I went about to give s<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap>me closure and coment, such as it is, <hi>(i. e.</hi> some method and con<g ref="char:EOLhyphen"/>nexion) to the scattered and disjointed bulk, and I brought it to a con<g ref="char:EOLhyphen"/>clusion; and assoon as it came into my mind to publish it, I endea<g ref="char:EOLhyphen"/>voured according to that meanness, which it appears in, to finish it (that I may make use of a Mathematick term) with its Complement. I have set the model and frame upon a sure account (not upon mine
<pb facs="tcp:108529:9"/>
own credit neither, who am too apt to take on trust things suspected) <hi>and in a compendious way:</hi> I have writ my self compendiously and succinctly; I have transcribed out of others <hi>faithfully.</hi> I do on set purpose vouch the credit, I go upon, to be none of mine, but the Authors, I have taken out of, that I may not be accused of false dealing by unskil<g ref="char:EOLhyphen"/>ful or careless Readers. I have applyed my self not only to the mean<g ref="char:EOLhyphen"/>ing of the Writers, or to their historical account, but even to the very words and syllables, which they spoke, and have inserted them printed in a different character; those, I confess, unless it be from them of the middle age, many times sufficiently barbarous, that miserably want po<g ref="char:EOLhyphen"/>lishing, such as Criti<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap>ks cannot away with, and do very well agree with the Records and Reports of Law, which we converse with. However I would not have thee disdain in the mean time brimful and wholsome draughts of liquor, because the Bowl was not made in a Potters shop of <hi>Colias</hi> a place in <hi>Athens,</hi> or in cold Winter to slight a garment which is not made of <hi>Attick</hi> Wooll;<note place="margin">
<hi>Plutar. de au<g ref="char:EOLhyphen"/>diènde.</hi>
</note> as <hi>Plutarch</hi> hath admonished the hearers of Philosophy. Let young Ladies speak finically with their golden Flower<g ref="char:EOLhyphen"/>amours, and let them, who have store and leave at once, court the graces of words and beauties of expression. 'Tis true, the care of exact speak<g ref="char:EOLhyphen"/>ing, is a thing befits the <hi>Muses,</hi> yet how the most abstruse Mysteries even of the highest <hi>Urania,</hi> of Divinity it self, are laid open without it, the <hi>Thomists,</hi> the <hi>Scotists,</hi> and what other Sects and Parties of School-men there are, know well enough. And there are some others also, that think they know; I mean the inquirers into Heavenly Calcu<g ref="char:EOLhyphen"/>lations <hi>(Astrologers)</hi> and the Weather-wise-men <hi>(Almanack-makers)</hi> who in good deed for the most part rely too much upon the trifling stories of their Masters. Now they, and not without good reason, have preferred the <hi>Arab</hi> Writers barbarously translated, and slovenly <hi>Bonatus</hi> before <hi>Julius Firmicus</hi> and modern <hi>Pontanus,</hi> as spruce as they are. These two may rather be termed Grammarians, than Astrologers. Nor do <hi>Aristotle's</hi> crabbed Lectures of natural Phi<g ref="char:EOLhyphen"/>losophy discourage Interpreters or procure to themselves any discredit, by reason of the affected obscurity of speech, they are delivered in: and as to neatness of Poetry, <hi>Apollo</hi> himself hath been out-done by <hi>Sappho, Homer, Hesiod.</hi>
<note place="margin">
<hi>Plutar. lib. orac. Pyt<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap>.</hi>
</note> Though the Matter doth often surpass the Work<g ref="char:EOLhyphen"/>manship; yet who is there is so rigid or so fond a Censurer, as to dispa<g ref="char:EOLhyphen"/>rage and debase the Matter upon the account of the Workmanship? Which I would not have be said only of those passages, which I have brought into this Piece out of those fore-mentioned Authors, but also of the whole Body of our Common-Law. I have, I hope, not unluckily be<g ref="char:EOLhyphen"/>gun with the very first Inhabitants of this Isle, as far as we can come to the knowledge of them. Those Authors, whom I have followed in the
<pb facs="tcp:108529:10"/>
original of Story, I have, as it was meet, set down and remark'd, ad<g ref="char:EOLhyphen"/>ding the Judgement and Censure of the Learned. Afterward, besides <hi>Caesar</hi> and <hi>Tacitus</hi> there are but few that afford us any help, and that but in few things too. For the name of <hi>Brittany</hi> was known but of late to the <hi>Greeks,</hi> but of late to the <hi>Romans;</hi> and the <hi>Britans</hi> were truly for a long while divided from all the world besides. But among Foreigners the latter Ages have enquired after them. I speak of <hi>Strabo, Pliny, Ptolomy,</hi> others; and a certain Writer of <hi>Asia, Marcianus Heracleotes,</hi> not y<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap>t, that I know of, turned into <hi>Latin,</hi> saith thus, <hi>Albion the Brittish Isle hath in it Thirty Three Na<g ref="char:EOLhyphen"/>tions,</hi>
<note place="margin">
<hi>Marcian. Heracleot.</hi>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>.</note>
<hi>Fifty Nine remarkable Cities;</hi> and then he sub<g ref="char:EOLhyphen"/>joyns other things concerning the number of Rivers, Promontories, Ha<g ref="char:EOLhyphen"/>vens and Creeks or Bays. I have stretched out this Piece to the death of King <hi>Henry</hi> the Son of <hi>Mawd</hi> the Empress by <hi>Jeoffrey</hi> the Count of <hi>Angers</hi> in <hi>France.</hi> In whose time, or near thereabout, are the first beginnings of our Law, as our Lawyers now account. There come in by the way <hi>Richard</hi> called <hi>Coeur de Lion</hi> and King <hi>John</hi>; but there is scarce any thing in that interim to our purpose. I have on pur<g ref="char:EOLhyphen"/>pose passed by Mr. <hi>Lambard</hi>'s <hi>Archaeonomia</hi> (or Antiquites of Law) without medling with it at all, only when some obvious accasion did some<g ref="char:EOLhyphen"/>times suggest it for the explaining of what is set down by us. I have divided the whole into two Books; the <hi>first</hi> closes with the <hi>Saxons;</hi> the <hi>second</hi> begins with the <hi>Norman</hi> Conquest, the most famous <hi>Aera</hi> or Date of the <hi>English</hi> Government in the reckonings of time.</p>
<p>But however to refer the original of our <hi>English</hi> Laws to that Conquest (as some make bold to do) is a huge mistake; forasmuch as they are of a far more ancient Date.<note place="margin">
<p>
<hi>Philip. Ho<g ref="char:EOLhyphen"/>nor. Thes. po<g ref="char:EOLhyphen"/>litic. Lat. & Ital.</hi>
</p>
<p>
<hi>Machiavell in Principe & comment. ad Liv. l. 1. c. 25. & 26.</hi>
</p>
<p>
<hi>Cujacius. Al<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap>er. Gentil. l. 3. c. 11. de jure bell.</hi>
</p>
</note> For it is a remark amongst Statesmen, That new acquired Empires, do run some hazard by attemp<g ref="char:EOLhyphen"/>ting to make new Laws: and the <hi>Norman</hi> did warily provide against this danger, by bestowing upon the yielding conquered Nation the re<g ref="char:EOLhyphen"/>quital of their ancient Law: a requital, I say, but more, as it should seem, for shew than use; and rather to curry favour with the people at the present, than in good deed for the advantage of the <hi>English</hi> Name. Wherein he in some measure followed well near the practice of <hi>Alaricus,</hi> who having conquered the <hi>Romans,</hi> and finding that they took it in dudgeon to be bound up by the Laws of the <hi>Goths,</hi> though in other things they were compliant enough, restored to them the <hi>Roman</hi> Laws, but by sly interpretations against the sense and meaning of the <hi>Roman</hi> Laws he drew these Laws back again to the <hi>Gothish.</hi> For the times on this side the <hi>Normans</hi> entrance, are so full of new Laws, especially such as belong to the right of Tenancy or Vassalage; though other Laws have been carefully enough kept up from the time of the
<pb facs="tcp:108529:10"/>
<hi>Saxons,</hi> and perhaps from an earlier date. For neither did the gliding Decrees of that Blazing-Star, which appeared in the <hi>Easter</hi> of that year, so well known for this Victory, prognosticate, as the change of the Kingdom (a thing which Astrologers affirm) so the abolition of our Laws; and yet in some sense peradventure an alteration of them both; at that rate, I mean, as <hi>Jerom Cardan</hi> writes,<note place="margin">
<hi>H. Cardan. in Ptolem. l. 2. judic. astron. text. 54.</hi>
</note> that the Comet in the year <hi>1533.</hi> which appeared in <hi>Aries</hi> (to which Sign, our Island ac<g ref="char:EOLhyphen"/>cording to <hi>Ptolomies</hi> doctrine is lyable) under the North side of the Milky Way, being of a Jovial, Martial and Mercurial force and effica<g ref="char:EOLhyphen"/>cy, was the fore-teller or fore-runner of the change of Religion; which happened three years after in <hi>Henry</hi> the Eighth's time. But whatever may be thought in other cases, Christianity is exempt from the Laws and over-ruling power of the Stars, and I do but too well perceive, that <hi>Cardan's</hi> piety is wanting in this and in other instances, and particu<g ref="char:EOLhyphen"/>larly in casting our Saviours Nativity. And why do I too much besides my purpose, trouble my self about these things here? Go thy wayes to our <hi>Janus,</hi> (for thou canst hardly chuse but own him having two faces) where to speak of our <hi>English Brittish</hi> Law ('tis no Treason I trow so to call it)
<q>
<l>Nobilitas nec origo latet, sed luce sequente<note place="margin">Stat. 1. Silv.</note>
</l>
<l>Vincitur.—</l>
</q>
That is,
<q>
<l>It's noble rise doth not lye hid, but tight.</l>
<l>Attending makes it far more clear and bright.</l>
</q>
For,
<q>
<l>Si nobilitas cunctis exordia pandit<note place="margin">Claudian. in laud. Serenae uxor. Stilic.</note>
</l>
<l>Laudibus, atque omnes redeunt in semina causae.</l>
</q>
That is,
<q>
<l>If nobleness doth first commence all praise,</l>
<l>And all things from their seeds do themselves raise.</l>
</q>
However it does not at all boast of its <hi>Romulus's,</hi> its <hi>Numa's,</hi>
<note place="margin">
<hi>L. 2. Sect. 2. omnia. C. de vet. jur. en<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap>cl.</hi>
</note> its <hi>Decemviri,</hi> its <hi>2000.</hi> Books, its <hi>4000.</hi> and <hi>4000.</hi> and <hi>4000.</hi> Verses, and the like; which having been digested long since (as it were
<q>
<pb facs="tcp:108529:11"/>
<note place="margin">Virg. Aen. 1.</note>—non hos quaesitum munus in usus,</q>
That is,
<q>A boon not purchas'd for such use as this)</q>
do far and near bear sway in Courts of Law throughout all <hi>Europe</hi>; yet is not the rise and original of our Laws also less to be regarded; nor is it perchance for distance of time further from <hi>Iapetus</hi> than they. But go thy wayes, I say, and see that thou dost not undertake without reason and good advice, to fit any thing to the present Age, otherwise than the changes, the repeals and cancelling parts of Laws, and new emergencies and vicissitudes of affairs, which were frequent, will give thee leave. Remember <hi>Lucretius</hi> in this case alike as in others.
<q>
<l>
<note place="margin">Lucret. l. 5. de rer. nat.</note>Quod fuit in pretio, fit nullo denique honore;</l>
<l>Porrò aliud succedit, & è contemtibus exit,</l>
<l>In<expan>
<am>
<g ref="char:abque"/>
</am>
<ex>que</ex>
</expan> dies magis appetitur, floretque repertum</l>
<l>Laudibus, & miro'st mortaleis inter honore.</l>
</q>
That is,
<q>
<l>What was in price, at last hath no esteem;</l>
<l>Whilst somewhat else starts up, and gains repute,</l>
<l>And every day grows more in vogue and brute,</l>
<l>And mortals strangely do it highly deem.</l>
</q>
According to what that other, and the greatest Philosopher among the Poets saith,
<q>
<l>
<note place="margin">Virg. l. 11. Aeneid.</note>Multa dies, variusque labor mutabilis aevi</l>
<l>Rettulit in melius.—</l>
</q>
That is,
<q>
<l>Time and the various toyl of changing age</l>
<l>Many things betters, and reforms the Stage.</l>
</q>
<pb facs="tcp:108529:11"/>
And the <hi>Greek</hi> sentence,
<q>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>.</q>
<q>For time to Laws themselves gives Law full oft.</q>
without a world of rubs in the way and slips or distances of years, I saw I was not able to put upon the work the face of a History, and to muster up all things that are wanting. Very many things are so effaced by in<g ref="char:EOLhyphen"/>jury of time, several things have been lost through neglect, nor is the Learned World under a small discontent, or at small variance by reason of this loss. These remains, which are left us, to be handled upon oc<g ref="char:EOLhyphen"/>casion, I have alwayes accounted pleasant researches: I, and perhaps one may say, that those Learned Pieces, which <hi>Pomponius, Rivallius, Zasius, Oldendorp, Brissonius,</hi> and others, have published concer<g ref="char:EOLhyphen"/>ning the Twelve Tables, and the Laws written upon Oaken Planks, upon Elephants Skins, and in former Ages upon Brass, are not of more use and advantage for the City <hi>Spire</hi> in <hi>Germany,</hi> than these Collecti<g ref="char:EOLhyphen"/>ons may be for <hi>Westminster-Hall</hi> amongst us. We have said enough and to spare, concerning the model and frame of the Work. For me now to beg the Readers pardon, that I may speak a little concerning my self, seeing it was at my own choice, whether I would give him trouble or no, would be silly. If so be that any one shall shew himself more busie or pragmatical in these Writings of mine, than becomes him;
<q>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>,<note place="margin">Aristoph. <gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>.</note>
</q>
<q>Not knowing <hi>(as we say)</hi> a Pig from a Dog</q>
I would not have him ignorant, that I value it no more than a rush, to be lashed with the flouts of prattle-boxes or tittle-tatlers, and such creatures as carry the Goddess <hi>Nemesis</hi> on pickpack. Nor does any one that is in his wits, when an Ass kicks and flings at him to little or no purpose, regard an idle oafish affront so as to requite it. I paint upon my weather-boards <hi>Averrunca,</hi> i. e. God forefend, (as they did of old <hi>Arse verse</hi> upon houses, to preserve them from fire.) May <hi>In<g ref="char:EOLhyphen"/>tercedona, Pilumnus,</hi> and <hi>Deverra,</hi> drive away <hi>Silvanus,</hi> and keep him off from doing this tender Infant any harm. Well! let Ass<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap>s and silly Animals commend, find fault, tune their pipes, how they will:
<pb facs="tcp:108529:12"/>
let the envious and ill natured with their sneerings, prate and talk; let snotty nosed Fellows and Clowns, that feed upon cockle bread, appro<gap reason="illegible" resp="#APEX" extent="2 letters">
<desc>••</desc>
</gap> what I write, or let them flout and fleer, or let them play Jack of both sides; it's all fiddle faddle to me, nor would I put a straw between.
<q>
<lg>
<l>
<note place="margin">Hegesand. Delphus ap. Athen. dip<g ref="char:EOLhyphen"/>nos. 4.</note>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>,</l>
<l>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>.</l>
</lg>
</q>
<q>
<lg>
<l>Brow-benders, making Nose and Chin to meet,</l>
<l>With dangling Beards like sacks down to your feet.</l>
</lg>
</q>
Ye rigid <hi>Cato's</hi> and severe <hi>Criticks,</hi> do ye take in good part, what I have done; nor let me be altogether slighted, if by chance ye shall vouch<g ref="char:EOLhyphen"/>safe to look this way, nor with your skew looks fore-speak my harvest in the blade. I shall readily and willingly yield the conquest to him that fairly gets it, and rightfully corrects me. But whoever thou art of that sort of men,
<q>
<lg>
<l>Per meos fines & aprica rura</l>
<l>
<note place="margin">Horat. Carm. 3. Od. 18.</note>Lenis incedas, abeasque parvis</l>
<l>Aequus alumnis.</l>
</lg>
</q>
<q>
<lg>
<l>O're my bounds and sunny plain</l>
<l>Take a gentle walk or twain;</l>
<l>Then depart with friendly mind,</l>
<l>To me and my Lambkins kind.</l>
</lg>
</q>
You,<note place="margin">
<hi>Plin. epist. ad Nat. Hist.</hi>
</note> that are candid and courteous, know, that 'tis a very hard matter <hi>to brighten things that are grown out of use, to furnish things obscure with light, to set off things that are disdained, with credit, to make things doubtful pass for probable, to as<g ref="char:EOLhyphen"/>sign to every thing its own nature, and every thing to its own nature; and that it is a very brave and gallant thing,</hi> as he sayes, <hi>for those that have not attained their design, yet to have endeavoured it</hi>; when the Will (<hi>as we say</hi>) is accepted for the Deed. But I know too, that every <hi>Cone</hi> or point of vision in the <hi>Opticks</hi> differs from a right angle;<note place="margin">
<hi>Senec. praef. ad controver.</hi>
</note> and I know how odious a thing a Train or solemn Procession is in the publick Games. Therefore, <hi>dear
<pb facs="tcp:108529:12"/>
Reader,</hi> I bid thee heartily farewel; and with a fortunate endeavour, fetch out hence, what may make for thy turn. Why do I delay all this while to let thee in? <gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>. Go thy wayes in, o'Gods name.
<q>
<lg>
<l>Laudamus veteres, sed nostris utimur annis:<note place="margin">Ovid. Fast. 1.</note>
</l>
<l>Mos tamen est aeque dignus uterque coli.</l>
</lg>
</q>
<q>
<lg>
<l>We praise old times, but make use of our own;</l>
<l>And yet 'tis fit they both alike be known.</l>
</lg>
</q>
Go in and welcome heartily; and be not unkind to thy Entertainer,</p>
<closer>
<dateline>
<hi>From the</hi> Inner Temple London, <date>Decemb. <hi>25. 1610.</hi>
</date>
</dateline>
</closer>
</div>
<div type="encomium">
<pb facs="tcp:108529:13"/>
<head>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>.</head>
<l>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>
</l>
<l>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>.</l>
<l>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>
</l>
<l>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>
</l>
<l>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>
</l>
<l>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>.</l>
<closer>
<signed>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>.</signed>
</closer>
</div>
<div type="encomium">
<pb facs="tcp:108529:13"/>
<head>In laudem dignissimi Authoris, & politioris literaturae candidati, Carmen.</head>
<l>CUm Jovis effoeti Pallas foret orta cerebro,</l>
<l>Vagitus teneros virgo patrima dedit.</l>
<l>Accurrit, tacitéque novam subducere prolem</l>
<l>Tentat, & abstrusis abdere Juno locis.</l>
<l>Jupiter ingenuam solerti indagine natam</l>
<l>Quaeritat, & celeri permeat astra pede;</l>
<l>Stat, cerebrique tuam cernens, <hi>Seldene,</hi> Minervam</l>
<l>In natae amplexus irruit ille tuae.</l>
<l>Atque suam credit; parilique ab imagine formae</l>
<l>Illa fuit suavis, suavis & illa fuit.</l>
<l>Lisque foret, nisi quae quondam Lucina fuisset,</l>
<l>Musarum testis turba novena fuit.</l>
<l>Quam cognata Jovis tua casta Minerva Minervae est,</l>
<l>Cum tantum fallax lusit imago Deum?</l>
</div>
<div type="encomium">
<head>ALIUD.</head>
<l>DUm tuus ambiguâ <hi>Janus,</hi> facieque biformi</l>
<l>Respicit antiqua, & posteriora videt:</l>
<l>Archivos Themidis canos, monumentaque legum</l>
<l>Vindicat à veteri semi-sopita situ.</l>
<l>Hinc duplex te <hi>Jane</hi> manet veterane corona,</l>
<l>Gratia canitie, posteritate decus.</l>
<closer>
<signed>Gulielmus Bakerus Oxon.</signed>
</closer>
</div>
<div type="encomium">
<pb facs="tcp:108529:14"/>
<head>ASTRAEAE BRIT.</head>
<lg>
<l>ULtima caelicolûm terras Astraea reliquit.</l>
<l>Tu tamen alma redi & terras Astraea revise:</l>
<l>Astraea alma redi tuis Britannis:</l>
<l>Et diva alma fave tuis Britannis:</l>
<l>Et diva alma fove tuos Britannos:</l>
<l>Et diva alma regas tuos Britannos:</l>
<l>Cantemus tibi sic tui Britanni:</l>
<l>Foelices nimium ô tui Britanni:</l>
<l>Tu tandem alma redis divum postrema Britannis:</l>
<l>Ultima coelicolûm terras Astraea revisit.</l>
</lg>
<lg>
<l>
<hi>Alma redi.</hi> sacro redolent altaria fumo</l>
<l>Et tibi sacratis ignibus. <hi>Alma redi.</hi>
</l>
<l>
<hi>Alma redi.</hi> posuit Liber hic primordia juris</l>
<l>Anglos quo poteris tu regere. <hi>Alma redi.</hi>
</l>
<l>
<hi>Alma redi.</hi> tibi templa struit <hi>Seldenus</hi>: at aram</l>
<l>Qui tibi nil potuit sanctius. <hi>Alma redi.</hi>
</l>
</lg>
<closer>
<signed>E. Heyward.</signed>
</closer>
</div>
<div type="encomium">
<head>In Epigraphen Libri Carmen.</head>
<l>QUisnam Iò mussat? Posuisti Enyo</l>
<l>Arma; jam doctos Iber haùt Batavos</l>
<l>Marte turbat; Foedere jam <hi>Britannus</hi>
</l>
<l>Continet Orbem.</l>
<l>
<hi>Clusium</hi> Audax quis reserat latentem?</l>
<l>Falleris. Diae <hi>Themidis</hi> recludo</l>
<l>
<hi>Intima.</hi> Haec portâ meliùs feratâ</l>
<l>Pandit <hi>Eanus.</hi>
</l>
<closer>
<signed>I. S.</signed>
</closer>
</div>
<div type="table_of_contents">
<pb facs="tcp:108529:14"/>
<div n="1" type="book">
<head>THE CONTENTS OF THE CHAPTERS. BOOK I.</head>
<list>
<item>
<label>CHAP. I.</label> THE counterfeit <hi>Berosus</hi> with the Monk that put him forth, both censured. The Story of <hi>Samothes</hi> the first <hi>Celtick</hi> King. The bounds of <hi>Celtica.</hi> From <hi>Samothes,</hi> say they, the <hi>Britans</hi> and <hi>Gauls</hi> were called <hi>Samothei.</hi> For which <hi>Dio<g ref="char:EOLhyphen"/>genes Laertius</hi> is falsly quoted; the word in him, being <hi>Semno<g ref="char:EOLhyphen"/>thei, page 1.</hi>
</item>
<item>
<label>CHAP. II.</label> An Account of the <hi>Semnothei.</hi> Why so called; the opinion of <hi>H. Stephen,</hi> and of the Author. Old Heroes and Philosophers went by the names of Demy-gods. The <gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap> or <hi>Venerable Goddesses,</hi> the same as <hi>Eumenides,</hi> dispensers of Justice. And by <hi>Plutarch</hi> and <hi>Orpheus</hi> they are set for Civil Magistrates. Judges in Scripture so called <hi>Elohim, i. e.</hi> Gods. These <hi>Semnai theai</hi> the same as <hi>Deae Matres</hi> in an old British Inscription, <hi>p. 3</hi>
</item>
<item>
<label>CHAP. III.</label> One Law of <hi>Samothes</hi> out of <hi>Basingstoke</hi> concerning the reckoning of Time by Nights. <hi>Bodinus</hi> his censure of Astrologers for other<g ref="char:EOLhyphen"/>wise computing their Planetary Hours. A brief account of some
<pb facs="tcp:108529:15"/>
of <hi>Samothes</hi> his Successors, <hi>Magus, Sarron, Druis,</hi> from whom the <hi>Druids,</hi> &c. <hi>p. 5</hi>
</item>
<item>
<label>CHAP. IV.</label> K. <hi>Phranicus 900.</hi> Years after <hi>Samothes</hi> being to reside in <hi>Panno<g ref="char:EOLhyphen"/>nia,</hi> intrusts the <hi>Druids</hi> with the Government. In the mean time <hi>Brutus, Aeneas</hi> his Grand-son, arrives and is owned King by the <hi>Britans,</hi> and builds <hi>T<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap>oynovant,</hi> i. e. <hi>London. Dunvallo Molmutius 600.</hi> years after is King, and makes Laws concerning Sanctuaries, Roads or High-wayes and Plow-lands. K. <hi>Belin</hi> his Son confirms those Laws, and casts up four great Cause-wayes through the Island. A further account of <hi>Molmutius. p. 6</hi>
</item>
<item>
<label>CHAP. V.</label> A brief Account of Q. Regent <hi>Martia,</hi> and of <hi>Merchenlage,</hi> whe<g ref="char:EOLhyphen"/>ther so called from her, or from the <hi>Mercians. Annius</hi> again censured for a Forger, and his <hi>Berosus</hi> for a Fabulous Writer, <hi>p. 7</hi>
</item>
<item>
<label>CHAP. VI.</label> The story of <hi>Brutus</hi> canvast and taken to be a Poetick Fiction of the Bards. <hi>Jeoffry</hi> of <hi>Monmouth</hi>'s credit called in question. Antiquaries at a loss in their judgements of these frivolous stories, <hi>p. 8</hi>
</item>
<item>
<label>CHAP. VII.</label> What the <hi>Trojan</hi> Laws were, which <hi>Brutus</hi> brought in. That con<g ref="char:EOLhyphen"/>cerning the Eldest Sons Inheriting the whole Estate, confuted. In the first times there were no Positive Laws; yet mention made of them in some very ancient Authors, notwithstanding a remark of some ancient Writers to the contrary, <hi>p. 10</hi>
</item>
<item>
<label>CHAP. VIII.</label> An Account of the <hi>DRUIDS</hi> out of <hi>Caesar</hi>'s Commentaries, whence they were so called. Their determining in point of Law, and pas<g ref="char:EOLhyphen"/>sing Sentence in case of Crime. Their Award binds all parties. Their way of Excommunicating or Outlawing. They have a Chief over them. How he is chosen. Their Priviledge and Immunity, <hi>p. 12</hi>
</item>
<item>
<label>CHAP. IX.</label> The menage of their Schools without Writing. On other occasions they might use the <hi>Greek</hi> Letters, as <hi>Caesar</hi> saith, yet not have the language. The <hi>Greek</hi> Letters then were others than what they are now. These borrowed from the <hi>Gauls,</hi> as those from the <hi>Phoeni<g ref="char:EOLhyphen"/>cians. Ceregy-Drudion,</hi> or the <hi>Druids Stones</hi> in <hi>Wales.</hi> This Place of <hi>Caesar</hi>'s suspected. <hi>Lipsius</hi> his Judgement of the whole Book, <hi>p. 13</hi>
</item>
<item>
<pb facs="tcp:108529:15"/>
<label>CHAP. X.</label> The <hi>Druids</hi> reckoning of time. An Age consists of thirty Years. What Authors treat of the <hi>Druids.</hi> Their Doctrines and Customs savour of <hi>Pythagoras</hi> and the <hi>Cabbalists.</hi> They were the eldest Philosophers and Lawyers among the <hi>Gentiles.</hi> Some odd Images of theirs in Stone, in an Abby near <hi>Voitland,</hi> described, <hi>p. 15</hi>
</item>
<item>
<label>CHAP. XI.</label> The <hi>Britans</hi> and <hi>Gauls</hi> had Laws and Customs much alike, and whence that came. Some things common to them both, set down; in rela<g ref="char:EOLhyphen"/>tion to the breeding of their Children, the Marrying of their Wives, the Governing of their Families, burning Women that killed their Husbands, and burning some Servants with the dead Master for company. Together with some Remarks of their publick Government, <hi>p. 16</hi>
</item>
<item>
<label>CHAP. XII. </label>Women admitted to publick debates. A large commendation of the Sex, together with a vindication of their fitness to govern; against the <hi>Salick</hi> Law, made out by several examples of most Nations, <hi>p. 18</hi>
</item>
<item>
<label>CHAP. XIII.</label> Their putting themselves under protection by going into great mens ser<g ref="char:EOLhyphen"/>vice. Their Coins of money, and their weighing of it. Some sorts of flesh not lawful to be eaten by them, <hi>p. 21</hi>
</item>
<item>
<label>CHAP. XIV.</label> Community of Wives among the <hi>Britans,</hi> used formerly by other Nati<g ref="char:EOLhyphen"/>ons also. <hi>Chalcondylas</hi> his mistake from our Civil Custom of Saluting. A rėbuke of the foolish humour of Jealousie, <hi>p. 22</hi>
</item>
<item>
<label>CHAP. XV.</label> An account of the <hi>British</hi> State under the <hi>Romans. Claudius</hi> wins a Battel, and returns to <hi>Rome</hi> in Triumph, and leaves <hi>A. Plautius</hi> to order affairs. A Colony is sent to <hi>Maldon</hi> in <hi>Essex,</hi> and to several other places. The nature of these Colonies out of <hi>Lipsius. Julius Agricola</hi>'s Government here in <hi>Vespasian</hi>'s time, <hi>p. 24</hi>
</item>
<item>
<label>CHAP. XVI.</label> In <hi>Commodus</hi> his time King <hi>Lucy</hi> embraces the Christian Religion, and desires <hi>Eleutherius</hi> then Pope, to send him the <hi>Roman</hi> Laws. In stead of Heathen Priests, he makes three Arch-Bishops and twenty eight Bishops. He endows the Churches, and makes them Sanctuaries. The manner of Government in <hi>Constantine</hi>'s time, where ends the <hi>Roman</hi> account. <hi>p. 27</hi>
</item>
<item>
<label>CHAP. XVII.</label> The <hi>Saxons</hi> are sent for in by <hi>Vortigern</hi> against the <hi>Scots</hi> and <hi>Picts,</hi>
<pb facs="tcp:108529:16"/>
who usurping the Government, set up the Heptarchy. The <hi>Angles, Jutes, Frisons,</hi> all called <hi>Saxons.</hi> An account of them and their Laws, taken out of <hi>Adam</hi> of <hi>Bremen, p. 29</hi>
</item>
<item>
<label>CHAP. XVIII.</label> The <hi>Saxons</hi> division of their people into four ranks. No person to mar<g ref="char:EOLhyphen"/>ry out of his own rank. What proportion to be observed in Mar<g ref="char:EOLhyphen"/>riages according to Policy. <hi>Like to like</hi> the old Rule. Now Matrimony is made a matter of money, <hi>p. 30</hi>
</item>
<item>
<label>CHAP. XIX.</label> The <hi>Saxons</hi> way of judging the Event of War with an Enemy. Their manner of approving a proposal in Council, by clattering their Arms. The Original of <hi>Hundred-Courts.</hi> Their dubbing their Youth into Men. The priviledge of young Lads Nobly born. The <hi>Morganheb</hi> or Wedding-dowry, <hi>p. 32</hi>
</item>
<item>
<label>CHAP. XX.</label> Their severe punishments of Adultery, by maiming some parts of the body. The reason of it given by <hi>Bracton.</hi> The like practised by <hi>Danes</hi> and <hi>Normans, p. 33</hi>
</item>
<item>
<label>CHAP. XXI.</label> The manner of Inheriting among them. Of deadly Feuds. Of <hi>Wer<g ref="char:EOLhyphen"/>gild</hi> or Head-money for Murder. The Nature of Country-Tenures and Knights Fees, <hi>p. 36</hi>
</item>
<item>
<label>CHAP. XXII.</label> Since the return of Christianity into the Island. King <hi>Ethelbert</hi>'s Law against Sacriledge. Thieves formerly amerced in Cattel. A blot upon <hi>Theodred</hi> the Good, Bishop of <hi>London,</hi> for hanging Thieves. The Country called <hi>Engelond</hi> by Order of King <hi>Eg<g ref="char:EOLhyphen"/>bert,</hi> and why so called. The Laws of King <hi>Ina, Alfred, E<g ref="char:EOLhyphen"/>thelred,</hi> &c. are still to be met with in <hi>Saxon.</hi> Those of <hi>Ed<g ref="char:EOLhyphen"/>ward</hi> the Confessor, and King <hi>Knute</hi> the <hi>Dane,</hi> were put forth by Mr. <hi>Lambard</hi> in his <hi>Archaeonomia, p. 37</hi>
</item>
<item>
<label>CHAP. XXIII.</label> King <hi>Alfred</hi> divides <hi>England</hi> into Counties or Shires, and into Hundreds and Tythings. The Original of <hi>Decenna</hi> or <hi>Court<g ref="char:EOLhyphen"/>leet, Friburg,</hi> and <hi>Mainpast.</hi> Forms of Law, how Peo<g ref="char:EOLhyphen"/>ple were to answer for those whom they had in <hi>Borgh</hi> or <hi>Main<g ref="char:EOLhyphen"/>past, p. 39</hi>
</item>
<item>
<label>CHAP. XXIV.</label> King <hi>Alfred</hi> first appointed Sheriffs. By <hi>Duns Scotus</hi> his advice, he gave Order for the breeding up of Youth in Learning. By the way, what a <hi>Hide</hi> of Land is. King <hi>Edgar</hi>'s Law for Drink<g ref="char:EOLhyphen"/>ing. Prelates investiture by the Kings Ring and Staff. King
<pb facs="tcp:108529:16"/>
<hi>Knute</hi>'s Law against any English-man that should kill a <hi>Dane.</hi> Hence <hi>Englescyre.</hi> The manner of Subscribing and Sealing till <hi>Edward the Confessor's</hi> time. King <hi>Harold</hi>'s Law, that no Welch-man should come on this side <hi>Offa</hi>'s Dike with a weapon, <hi>p. 41</hi>
</item>
<item>
<label>CHAP. XXV.</label> The Royal Consorts great Priviledge of Granting. Felons Estates forfeited to the King. Estates granted by the King with three Exceptions of Expedition, Bridge, and Castle. The Ceremony of the Kings presenting a Turf at the Altar of that Church, to which he gave Land. Such a Grant of King <hi>Ethelbald</hi> com<g ref="char:EOLhyphen"/>prized in old Verse, <hi>p. 43</hi>
</item>
</list>
</div>
<div n="2" type="book">
<pb facs="tcp:108529:17"/>
<list>
<head>THE CONTETNS. BOOK II.</head>
<item>
<label>CHAP. I. WIlliam</label> the Conquerour's Title. He bestows Lands upon his followers, and brings Bishops and Abbots under Military service. An account of the old English Laws, called <hi>Merchen<g ref="char:EOLhyphen"/>lage, Danelage,</hi> and <hi>Westsaxen-lage.</hi> He is prevailed upon by the Barons, to govern according to King <hi>Edward's</hi> Laws, and at <hi>S. Albans</hi> takes his Oath so to do. Yet some new Laws were added to those old ones, <hi>p. 47</hi>
</item>
<item>
<label>CHAP. II.</label> The whole Country inrolled in <hi>Dooms-day Book.</hi> Why that Book so called. <hi>Robert</hi> of <hi>Glocester's</hi> Verses to prove it. The Origi<g ref="char:EOLhyphen"/>nal of Charters and Seals from the <hi>Normans,</hi> practised of old among the <hi>French.</hi> Who among the <hi>Romans</hi> had the priviledge of using Rings to seal with, and who not, <hi>p. 51</hi>
</item>
<item>
<label>CHAP. III.</label> Other wayes of granting and conveying Estates, by a Sword, <hi>&c.</hi> par<g ref="char:EOLhyphen"/>ticularly by a Horn. <hi>Godwin's</hi> trick to get <hi>Boseham</hi> of the Arch-Bishop of <hi>Canterbury.</hi> Pleadings in <hi>French.</hi> The <hi>French</hi> Language and Hand when came in fashion. Coverfeu. Laws against taking of Deer, against Murder, against Rape, <hi>p. 54</hi>
</item>
<item>
<label>CHAP. IV.</label> Sheriffs and Juries were before this time. The four Terms. Judges to act without appeal. Justices of Peace. The Kings payments made at first in Provisions. Afterwards changed into Mony, which the Sheriff of each County was to pay in to the Exchequer. The Constable of <hi>Dover</hi> and Warder of the <hi>Cinque Ports</hi> why made. A disorder in Church-affairs Reformed, <hi>p. 56</hi>
</item>
<item>
<pb facs="tcp:108529:17"/>
<label>CHAP. V.</label>
<hi>William Rufus</hi> succeeds. <hi>Annats</hi> now paid to the King. Why claimed by the Pope. No one to go out of the Land without leave. Hunting of Deer made Felony. <hi>p. 59</hi>
</item>
<item>
<label>CHAP. VI. Henry</label> the First why called <hi>Beauclerk.</hi> His Letters of Repeal. An Order for the Relief of Lands. What a <hi>Hereot</hi> was. Of the Marriage of the Kings Homagers Daughter, <hi>&c.</hi> Of an Orphans Marriage. Of the Widows Dowry. Of other Homagers the like. Coynage-money remitted. Of the disposal of Estates. The Goods of those that dye Intestate, now and long since, in the Churches Jurisdiction; as also the business of Wills. Of Forfeitures. Of Misdemeanors. Of Forests. Of the <hi>Fee de Hauberk.</hi> King <hi>Edward's</hi> Law restored, <hi>p. 60</hi>
</item>
<item>
<label>CHAP. VII.</label> His order for the restraint of his Courtiers. What the punishment of Theft. Coyners to lose their Hands and Privy members. Guelding a kind of death. What Half-pence and Farthings to pass. The right measure of the Eln. The Kings price set for provisions, <hi>p. 63</hi>
</item>
<item>
<label>CHAP. VIII.</label> The Regality claim'd by the Pope, but within a while resumed by the King. The <hi>Coverfeu</hi> dispensed with. A Subsidy for marrying the Kings daughter. The <hi>Courtesie of England.</hi> Concerning Shipwrack. A Tax levied to raise and carry on a War, <hi>p. 65</hi>
</item>
<item>
<label>CHAP. IX.</label> In King <hi>Stephen's</hi> Reign all was to pieces. Abundance of Castles built. Of the priviledge of Coining. Appeals to the Court of <hi>Rome</hi> now set on foot. The <hi>Roman</hi> Laws brought in, but disowned. An instance in the <hi>Wonder-working Parliament, p. 67</hi>
</item>
<item>
<label>CHAP. X.</label> In King <hi>Henry</hi> the Seconds time, the Castles demolished. A Par<g ref="char:EOLhyphen"/>liament held at <hi>Clarendon.</hi> Of the Advowson and Presentation of Churches. Estates not to be given to Monasteries without the Kings leave. Clergymen to answer in the Kings Court. A Cler<g ref="char:EOLhyphen"/>gyman convict, out of the Churches Protection. None to go out of the Realm, without the Kings leave. This Repealed by King <hi>John.</hi> Excommunicate Persons to find Surety. Laymen how to be impleaded in the Ecclesiastical Court. A Lay-Jury to swear there, in what case. No Homager or Officer of the Kings to be Excommunicated, till He or his Justice be acquainted, <hi>p. 69</hi>
</item>
<item>
<pb facs="tcp:108529:18"/>
<label>CHAP. XI.</label>Other Laws of Church affairs. Concerning Appeals. A Suit betwixt a Clergy-man and a Lay-man, where to be tryed. In what case one, who relates to the King, may be put under an Interdict. The difference betwixt that and Excommunication. Bishops to be present at the Tryals of Criminals, until Sentence of Death, <hi>&c.</hi> pass. Profits of vacant Bishopricks, <hi>&c.</hi> belong to the King. The next Bishop to be chosen in the Kings Chappel, and to do Homage before Consecration. Deforcements to the Bishop, to be righted by the King. And on the contrary, Chattels forfeit to the King, not to be detained by the Church. Pleas of debts whatsoever in the Kings Court. Yeomens Sons not to go into Orders without the Lords leave, <hi>p. 72</hi>
</item>
<item>
<label>CHAP. XII.</label> The Statutes of <hi>Clarendon</hi> mis-reported in <hi>Matthew Paris,</hi> amended in <hi>Quadrilegus.</hi> These Laws occasioned a Quarrel be<g ref="char:EOLhyphen"/>tween the King and <hi>Thomas a Becket.</hi> Witness <hi>Robert</hi> of <hi>Glo<g ref="char:EOLhyphen"/>cester,</hi> whom he calls <hi>Yumen.</hi> The same as <hi>Rusticks,</hi> i. e. <hi>Vil<g ref="char:EOLhyphen"/>lains.</hi> Why a Bishop of <hi>Dublin</hi> called <hi>Scorch-Uillein.</hi> Vil<g ref="char:EOLhyphen"/>lanage before the <hi>Normans</hi> time, <hi>p. 74</hi>
</item>
<item>
<label>CHAP. XIII.</label> The Poet gives account which of those Laws were granted by <hi>Thomas a Becket,</hi> which withstood. <hi>Leudemen</hi> signifies Lay-men, and more generally all illiterate Persons, <hi>p. 77</hi>
</item>
<item>
<label>CHAP. XIV.</label> The Pope absolves <hi>Thomas a Becket</hi> from his Oath, and damns the Laws of <hi>Clarendon.</hi> The King resents it, writes to his She<g ref="char:EOLhyphen"/>riffs, Orders a Seisure. Penalties inflicted on Kindred. He provides against an Interdict from <hi>Rome.</hi> He summons the Bi<g ref="char:EOLhyphen"/>shops of <hi>London</hi> and <hi>Norwich.</hi> An account of <hi>Peter</hi> Pence, <hi>p. 79</hi>
</item>
<item>
<label>CHAP. XV.</label> A Parliament at <hi>Northampton.</hi> Six Circuits ordered. A List of the then Justices. The Jury to be of twelve Knights. Several sorts of Knights. In what cases Honorary Knights to serve in Juries. Those who come to Parliament by right of Peerage, sit as Barons. Those who come by Letters of Summons, are styled <hi>Chevaliers, p. 81</hi>
</item>
<item>
<label>CHAP. XVI.</label> The person convict by <hi>Ordeal,</hi> to quit the Realm within Forty dayes. Why Forty dayes allowed. An account of the Ordeals by Fire and Water. Lady <hi>Emme</hi> clear'd by going over burning Coulters. Two sorts of tryal by Water. Learned conjectures at the rise and
<pb facs="tcp:108529:18"/>
reason of these customs. These Ordeals, as also that of single Combat condemned by the Church, <hi>p. 84</hi>
</item>
<item>
<label>CHAP. XVII.</label>Other Laws: Of entertaining of strangers. An <hi>Uncuth,</hi> a <hi>Gust,</hi> a <hi>Hogenhine;</hi> what of him who confesseth the Murder, <hi>&c.</hi> Of <hi>Frank pledge.</hi> Of an Heir under age. Of a Widows Dowry. Of taking the Kings fealty. Of setting a time to do homage. Of the Justices duty. Of their demolishing of Castles. Of Felons to be put into the Sheriffs hands. Of those who have de<g ref="char:EOLhyphen"/>parted the Realm, <hi>p. 87</hi>
</item>
<item>
<label>CHAP. XVIII.</label> Some Laws in favour of the Clergy. Of forfeitures on the account of Forest or hunting. Of Knights fees. Who to bear Arms, and what Arms. Arms not to be alienated. No <hi>Jew</hi> to bear Arms. Arms not to be carryed out of <hi>England.</hi> Rich men under suspi<g ref="char:EOLhyphen"/>cion to clear themselves by Oath. Who allowed to swear against a Free-man. Timber for building of Ships not to be carryed out of <hi>England.</hi> None but Free-men to bear Arms. Free-men who. Rusticks or Villains not such, <hi>p. 90</hi>
</item>
<item>
<label>CHAP. XIX.</label> Of Law-makers. Our Kings not Monarchs at first. Several of them in the same County. The <hi>Druids</hi> meeting-place where. Un<g ref="char:EOLhyphen"/>der the <hi>Saxons,</hi> Laws made in a general Assembly of the States. Several instances. This Assembly under the <hi>Normans</hi> called <hi>Parliament.</hi> The thing taken from a custome of the ancient <hi>Germans.</hi> Who had right to sit in Parliament. The harmony of the Three Estates, <hi>p. 93</hi>
</item>
<item>
<label>CHAP. XX.</label> The Guardians of the Laws, who. In the <hi>Saxons</hi> time seven Chief. One of the Kings among the Heptarchs styled <hi>Monarch</hi> of all <hi>En<g ref="char:EOLhyphen"/>gland.</hi> The Office of Lord <hi>High Constable.</hi> Of Lord <hi>Chancellor,</hi> ancient. The Lord <hi>Treasurer. Alderman</hi> of <hi>England,</hi> what. Why one called <hi>Healfkoning. Aldermen</hi> of Provinces and <hi>Graves,</hi> the same as <hi>Counts</hi> or <hi>Earls</hi> and <hi>Vis<g ref="char:EOLhyphen"/>counts</hi> or Sheriffs. Of the <hi>County Court,</hi> and the Court of Inquests, called <hi>Tourn le Viscount.</hi> When this Court kept, and the original of it, <hi>p. 95</hi>
</item>
<item>
<label>CHAP. XXI.</label> Of the <hi>Norman</hi> Earls. Their Fee. Their power of making Laws. Of the <hi>Barons, i.e.</hi> Lords of Manours. Of the <hi>Court-Baron.</hi> Its rise. An instance of it out of <hi>Hoveden.</hi> Other Offices much alike with the <hi>Saxons. p. 98</hi>
</item>
</list>
</div>
</div>
</front>
<body>
<div n="1" type="book">
<pb facs="tcp:108529:19"/>
<pb n="1" facs="tcp:108529:19"/>
<head>THE FIRST BOOK OF THE ENGLISH JANUS. From the Beginning of the BRITISH Story down to the NORMAN Conquest.</head>
<div n="1" type="chapter">
<head>CHAP. I. </head>
<argument>
<p>The counterfeit <hi>Berosus</hi> with the Monk that put him forth, both cen<g ref="char:EOLhyphen"/>sured. The Story of <hi>Samothes</hi> the first <hi>Celtick</hi> King. The bounds of <hi>Celtica.</hi> From <hi>Samothes,</hi> say they, the <hi>Britans</hi> and <hi>Gauls</hi> were called <hi>Samothei.</hi> For which <hi>Diogenes Laertius</hi> is falsly quoted; the word in him, being <hi>Semnothei.</hi>
</p>
</argument>
<p>
<seg rend="decorInit">T</seg>HERE came forth, and in Buskins too (I mean, with Pomp and State) some parcels of years ago, and is still handed about every where, an Author, called <hi>Berosus</hi> a <hi>Chaldee</hi> Priest (take heed how you suffer your self to believe him to be the same that <hi>Flavius Jo<g ref="char:EOLhyphen"/>sephus</hi> so often up and down quotes for a witness) with a Commentary of <hi>Viterbiensis.</hi> Or, rather to say that which is the very truth, <hi>John Annius</hi> of <hi>Viterbium</hi> (a City of <hi>Tuscany.)</hi> a <hi>Dominican</hi> Frier, playing the <hi>Leger-de-main,</hi> having counterfeited <hi>Be<g ref="char:EOLhyphen"/>rosas,</hi>
<pb n="2" facs="tcp:108529:20"/>
to put off his own strange stories, hath put a cheat upon the Lady <hi>Muse</hi> who is the Governess of Antiquities, and has hung a Bantling at her back.</p>
<p>After the Genealogies of the <hi>Hebrews</hi> drawn down by that Author, whoever he be, according to his own humour and method, for fear he should not be thought to take in the Kingdoms and Kings of the whole Universe, and the Etymologies of Proper Names by whole-sale, as we say; as if he had been born the next day after Grandam <hi>Ops</hi> was deli<g ref="char:EOLhyphen"/>vered of <hi>Jupiter,</hi> he subjoyns SAMOTHES (the very same who is ycleped <hi>Dis</hi>) the Founder of the <hi>Celtick</hi> Colonies, stuffing up odd Patcheries of Story to entertain and abuse the Reader.</p>
<p>Now, this I thought fit by the by, not to conceal, that all that space which is bounded with the River <hi>Rhine,</hi> the <hi>Alpes,</hi> the <hi>Mediterranean</hi> Sea, the <hi>Pyrenean</hi> Hills, and lastly, the <hi>Gascoin</hi> and the <hi>British</hi> Oceans, was formerly termed <hi>Celtogalatia;</hi>
<note place="margin">Ptol. 2. Geogr. & 2. quadrip. & Pausan. l. 1.</note> nay, that <hi>P<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap>olomy</hi> hath comprized all <hi>Europe</hi> under the name of <hi>Celtica.</hi>
</p>
<p>Well, as the Commentary of <hi>Annius</hi> has it, <q>This <hi>Samothes</hi> was Brother to <hi>Gomar</hi> and <hi>Tubal</hi> by their Father <hi>Japhet,</hi> from whom first the <hi>Britans,</hi> then the <hi>Gauls</hi> were called <hi>Samothei;</hi> and especially the Philosophers and Divines that were his followers.</q> And out of <hi>Laertius</hi> he tells us, <q>For it is evident, that among the <hi>Persians</hi> the <hi>Magi</hi> flourished, among the <hi>Babylonians</hi> and <hi>Assyrians</hi> the <hi>Chaldeans</hi> were famous, among the <hi>Celts</hi> and <hi>Gauls</hi> the <hi>Druids,</hi> and those who were called <hi>Samothei;</hi> who, as <hi>Aristotle</hi> in his Magick, and <hi>Sotion</hi> in his Three and Twentieth Book of Successions do witness, were men very well skilled in Laws Divine and Humane, and upon that account were much addicted to Religion; and were for that reason termed <hi>Samothei.</hi>
</q> These very words you meet with in <hi>Annius.</hi>
</p>
<p>The name of <hi>Laertius</hi> is pretended, and the beginning of his Volume concerning the Lives of Philosophers. Why then let us read <hi>Laertius</hi> himself; <q>and amongst the <hi>Celts</hi> and <hi>Gauls</hi> (saith he) the <hi>Semnothei</hi> as saith <hi>Aristotle</hi> in his Book of Magick, and <hi>Sotion</hi> in his Three and Twentieth of Succession.</q> Concerning the <hi>Samothei</hi> any other wayes there is not so much as one syllable. That they were men well skilled in Laws Divine and Humane, or that they had their name given them upon that account, only the <hi>Latin</hi> and foisted Edition of B. <hi>Brognol</hi> the <hi>Venetian</hi> has told us: whereas in truth, in all the ancient <hi>Greek</hi> Copies of <hi>Laertius,</hi> which that great Scholar <hi>Harry Stephen</hi> saw and consulted with (and he sayes he perused Eight or Nine) there is no mention at all made of that business.</p>
<p>And yet for all that, I cannot perswade my self, that it was only for want of care, or by meer chance, that this slipt into the Glosses: It does appear, that there have been able Lawyers and Master Philosophers not only among the <hi>Greeks,</hi> the <hi>Gauls,</hi> and those of <hi>Italy;</hi> but also among the <hi>Northern</hi> Nations, however Barbarous. Witness the <hi>Druids</hi> among us, and among the <hi>Goths,</hi> as <hi>Jornandes</hi> tells us,<note place="margin">Jornand. de reb. Goth. c. 11.</note> besides <hi>Cosmicus,</hi> one <hi>Diceneus,</hi> who, being at once King of Men, and Priest of <hi>Phoebus,</hi> did to<g ref="char:EOLhyphen"/>gether with Natural Philosophy and other parts of good Learning, transmit to posterity a Body of Laws, which they called <hi>Bellagines</hi>; that is, By-Laws.</p>
<p>There are some, who in <hi>Laertius</hi> read <hi>Samothei</hi>; which is a device of those men, who with too much easiness (they are <hi>Isaac Casaubon</hi>'s words) that I may say no worse, suffer themselves to be led by the Nose by that counterfeit <hi>Berosus.</hi>
</p>
</div>
<div n="2" type="chapter">
<pb n="3" facs="tcp:108529:20"/>
<head>CHAP. II. </head>
<argument>
<p>An Account of the <hi>Semnothei.</hi> Why so called; the opinion of <hi>H. Stephen,</hi> and of the Author. Old Heroes and Philosophers went by the names of Demy-gods. The <gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap> or <hi>Venerable Goddesses,</hi> the same as <hi>Eumenides,</hi> dispensers of Justice. And by <hi>Plutarch</hi> and <hi>Orpheus</hi> they are set for Civil Magistrates. Judges in Scripture so called <hi>Elohim, i. e.</hi> Gods. These <hi>Semnai theai</hi> the same as <hi>Deae Matres</hi> in an old British Inscription.</p>
</argument>
<p>ANd indeed if the <hi>Samothei</hi> had any thing to do with truth, or the <hi>Semnothei</hi> any thing to do with the ancient Law of the <hi>Celts</hi> (in as much as they write, that <hi>Britany</hi> was once in subjection to the <hi>Cel<g ref="char:EOLhyphen"/>tick</hi> Kings) I should judge it not much beside the design of my intended Method to inquire into the name and nature of them both. But they be<g ref="char:EOLhyphen"/>ing both one and t'other past all hope, except such a one as <hi>Lucian</hi> retur<g ref="char:EOLhyphen"/>ning from the Inhabitants of the Sun, or those of the Moon, would write their History, to speak of them would be more than to lose ones labour. I dare not to say much of them.</p>
<p>
<q>I imagine, sayes <hi>Harry Stephen,</hi> they were so called,<note place="margin">Steph. ad Laert.</note> for having the Gods often in their mouths, and that in these words, <gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>, that is, <hi>The Worshipful Gods</hi>; or for that they themselves were ac<g ref="char:EOLhyphen"/>counted amongst men as a kind of Worshipful Gods: but, writes he, this latter I do not take to be so likely as the former.</q> But say I for my part, if I might venture my opinion against the judgement of so great a person, I guess this latter to be the likelier of the two.</p>
<p>That the old <hi>Heroes</hi> went by the names of Gods, is a thing we read every where; nor did Antiquity grudge the bestowal of this honour even upon <hi>Philosophers.</hi> Not upon <hi>Amphiaraus</hi> the Prophet; not upon <hi>Aesculapius,</hi> not upon <hi>Hippocrates,</hi> renowned Physicians; they are recko<g ref="char:EOLhyphen"/>ned among the middle sort of Gods.<note place="margin">Aug. de Civ. Dei, l. 2. c. 14. Laert. lib. 5.</note> Thus <hi>Plato</hi> also was accounted by <hi>Antistius Labeo</hi> for a Demy-god, and <hi>Tyrtamus</hi> for his Divine eloquence, had the name of <hi>Theophrastus</hi> (that is, God-like Speaker) given him by his Master <hi>Aristotle.</hi> No wonder then, if thereupon thence forward great Philosophers were called <hi>Semnothei,</hi> and as it were Worshipful Gods. These instances incline me, whilst I only take a view of their Philosophy; whom, if either the authority of <hi>Annius,</hi> or the interpre<g ref="char:EOLhyphen"/>tation of <hi>Brognol</hi> had sufficiently and fairly made out to have been also at the same time Students and Masters of Law, I should hardly stick al<g ref="char:EOLhyphen"/>most to affirm, that I had found out in what places the true natural spring and source both of their name, and as I may say, of their dele<g ref="char:EOLhyphen"/>gated power is to be met with.</p>
<p>For I have it in <hi>Pausanias</hi> (forbear your flouts, because I waft over into <hi>Greece,</hi> from whence the most ancient Customs both Sacred and Prophane of the <hi>Gentiles</hi> came) I say in <hi>Pausanias</hi> the most diligent searcher of the <hi>Greek</hi> Antiquities, I meet upon <hi>Mars</hi> his Hill at <hi>Athens,</hi> and also in his <hi>Achaicks</hi> (or Survey of <hi>Achaia</hi>) with Chappels of the Goddesses whom the <hi>Athenians</hi> styled <gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>, that is, <hi>Worshipful.</hi> He
<pb n="4" facs="tcp:108529:21"/>
himself also in his <hi>Corinthiacks</hi> makes mention of a Grove set thick with a sort of Oaks on the left side of <hi>Asopas</hi> a River in <hi>Sicyon</hi> (a Countrey of <hi>Peloponnesus</hi>) where there stood a little Chappel of the Goddesses, whom the <hi>Athenians</hi> termed <hi>Semnai,</hi> the <hi>Sicyonians</hi> called <hi>Eumenides.</hi> The story of <hi>Orestes</hi> and the <hi>Eumenides</hi> or Furies that haunted him is known to every body, nor can you tell me of any little smatterer in Poetry, who doth not know, that they, together with <hi>Adrastia, Ramnis<g ref="char:EOLhyphen"/>sia, Nemesis,</hi> and other Goddesses of the same stamp, are pretended to be the Avengers of Villanies, and continually to assist <hi>Jupiter</hi> the great God in punishing the wicked actions of Mortals. They were black ones that met with <hi>Orestes,</hi> but that there were white ones too, to whom together with the <hi>Graces</hi> the Ancients paid their Devotions; the same <hi>Pausanias</hi> has left written in his Survey of <hi>Arcadia.</hi> I let pass that in the same Author, she whom some called <hi>Erinnys,</hi> that is a <hi>Fury</hi>; others called <hi>Themis</hi> the Goddess of <hi>Justice.</hi>
</p>
<p>To be brief and plain; the <hi>Furies,</hi> that is, the Avenging Goddesses sit upon the skirts of the wicked; but the <hi>Eumenides,</hi> that is, the kind Goddesses,<note place="margin">Soph. in Oe<g ref="char:EOLhyphen"/>dip. in Colon.</note> as <hi>Sophocles</hi> interprets them (for that they were so called properly without the Figure of <hi>Antiphrasis</hi> or contradiction he is our Author) do attend the good and such as are blameless and faultless, and poor suppliants.<note place="margin">Plut. in lib. de Exilio.</note> Nay, moreover <hi>Plutarch</hi> writes in a Poetick strain, that <hi>Alcmaeon</hi> fled from these <hi>Eumenides;</hi> meaning in very deed, that he made his escape from the Civil Magistrates. In a word, the whole business we have been aiming at, <hi>Orpheus</hi> compriseth in two Verses of that Hymn he has made upon those Goddesses.
<q>
<l>
<note place="margin">
<p>Nat. Comes, Mythol. l. 3. c. 10.</p>
<p>Plut. de Iside & Osiride.</p>
</note>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>
</l>
<l>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>.</l>
</q>
which in a short Paraphrase speaks thus;
<q>
<l>But ye with eye of Justice, and a face</l>
<l>Of Majesty survey all humane race,</l>
<l>Judges commission'd to all time and place.</l>
</q>
</p>
<p>See here plainly out of the most ancient Divine among the Heathens, how Judges and the Dispensers of Law pass under the notion of these <hi>Ve<g ref="char:EOLhyphen"/>nerable Goddesses</hi>: and it was a thing of custom to term the Right of the Infernal Powers, as well as the Doctrine of the Heavenly ones, a thing Holy and Sacred. What hinders then I pray, but that one may guess, that the Name, and Title, and Attributes or Characters of the <hi>Semnothei</hi> sprang forth and flowed from hence; to wit, from the <hi>Semnai theai</hi> or Venerable Goddesses?</p>
<p>
<note place="margin">Odyss. 3.</note>
<hi>Homer</hi> in his Poems calls Kings <gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>, that is, persons bred and nou<g ref="char:EOLhyphen"/>rished by <hi>Jove;</hi>
<note place="margin">Exod. 22. Psal. 82. 2 Paral. 19. Munst. ad Gen. c. 9.</note> yea, the Eternal and Sacred Scriptures themselvs do more than once call Judges by that most holy name <hi>Elohim,</hi> that is, <hi>Gods.</hi>
<q>
<hi>The judgement is Gods, not Mans</hi>; and (as <hi>Munster</hi> remarks out of <hi>Rabbi Kim<g ref="char:EOLhyphen"/>chi</hi>) whatsoever thing Scripture designs to magnifie or express with hight,<note place="margin">Plut. de serâ Dei vindictâ.</note> it subjoyns to it the name of God.</q> God (as <hi>Plutarch</hi> has it out of <hi>Plato,</hi> who in his <hi>Attick</hi> styl<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap> imitates our <hi>Moses</hi>) hath set himself out as a pattern of the Good, the dreadful syllables of whose very not-to-be-uttered Name (though we take no notice of the <hi>Cabalists</hi> art) do strike, move and twitch the ears of Mortals, and one while when
<pb n="5" facs="tcp:108529:21"/>
thorough ignorance they straggle out of the way, do bring them back into the path or track of Justice; another while when they are stopt up with prejudice, and are overcast with gloomy darkness, do with a stu<g ref="char:EOLhyphen"/>pendous, dismal and continual trembling shake the poor wretches, and put them into Ague-sits. Nor let that be any hindrance, that so splendid and so manly a name is taken from the weaker Sex, to wit, the Goddesses.</p>
<p>Let us more especially have to do with the <hi>Britans,</hi> as those amongst whom are those choice and singular Altars, not any where else to be met with in the whole World, with this Inscription,<note place="margin">Camden.</note> DEIS MA<g ref="char:EOLhyphen"/>TRIBUS, <hi>To the Mother-Goddesses.</hi> Concerning these <hi>Mother-God<g ref="char:EOLhyphen"/>desses,</hi> that excellent Learned Man (that I may hint it by the by) confesses he could with all his search find out nothing; but if such a mean person as I, may have leave, What if one should imagine, that those Goddesses, whom <hi>Pausanias</hi> in his <hi>Attick</hi> stories calls <gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>, were the same as these <hi>Mother Goddesses?</hi> for so those Names import. <hi>The Mother of the Gods</hi> is a Title well known; wherewith not only <hi>Berecynthia,</hi> but also <hi>Juno, Cybele, Tellus, Ceres,</hi> and other Shees among Mythologists are celebrated and made famous.</p>
<p>Be this, if you will, a thing by the by and out of the way; as he tells us, <hi>No great Wit ever pleased without a pardon.</hi>
<note place="margin">Senec. Epist. 115.</note> Relying upon that (the Readers Pardon I mean) I undertook this Job, whatever it is; and upon confidence of that, I come back to the business.</p>
</div>
<div n="3" type="chapter">
<head>CHAP. III. </head>
<argument>
<p>One Law of <hi>Samothes</hi> out of <hi>Basingstoke</hi> concerning the reckoning of Time by Nights. <hi>Bodinus</hi> his censure of Astrologers for other<g ref="char:EOLhyphen"/>wise computing their Planetary Hours. A brief account of some of <hi>Samothes</hi> his Successors, <hi>Magus, Sarron, Druis,</hi> from whom the <hi>Druids,</hi> &c.</p>
</argument>
<p>WE do not any where meet with any Law enacted by <hi>Samothes</hi> his authority. Yet one only one concerning the account of times, <hi>Basingstoke</hi> the Count <hi>Palatine,</hi> a very modern Historian, attri<g ref="char:EOLhyphen"/>butes to him. <hi>He defined,</hi> sayes he, <hi>the spaces</hi> or intervals <hi>of all time, not by the number of dayes, but of nights</hi> (the same thing, saith <hi>Caesar</hi> of the <hi>Gauls,</hi> and <hi>Tacitus</hi> of the <hi>Germans) and be observed birth-dayes, and the commencements of months and years in that order, that the day should come after the night.</hi> Truth is, the <hi>Britans</hi> do at this time observe that fashion, which is most ancient, and highly agreeable to Nature. <hi>And the Eve<g ref="char:EOLhyphen"/>ning and the Morning was the first day,</hi> and so on,<note place="margin">Gen. 1.</note> sayes the <hi>Hebrew</hi> Wri<g ref="char:EOLhyphen"/>ter, whose Countrey-men the <hi>Jews</hi> also followed this custom.</p>
<p>The <hi>Peripateticks (i. e.</hi> the followers of <hi>Aristotle</hi>) do also at this rate reckon <hi>Privation</hi> in the number of their three Principles; and hereupon <hi>John Bodin</hi> adventures to censure the common Astrologers, that they,<note place="margin">Bodin. l. 3. daemononian.</note> ac<g ref="char:EOLhyphen"/>cording to the course of the Planets as they order it, and repeat it over and over, begin their unequal hours, from the rising, rather than the setting of the Sun.</p>
<p>
<pb n="6" facs="tcp:108529:22"/>They write, that after this <hi>Samothes,</hi> there came in play <hi>Magus, Sarran, Druis, Bardus,</hi> and others more than a good many, in order of succes<g ref="char:EOLhyphen"/>sion. <q>
<hi>Sarron</hi> was not addicted to make Laws ('tis <hi>Stephanus Forcatu<g ref="char:EOLhyphen"/>lus</hi> helps us to this) but to compose them,<note place="margin">Forcat. l. 1. de Gall. Imp.</note> to put them into order, and to recommend them to practice, as one who reduced those Laws, which his Grand-father <hi>Samothes,</hi> and afterward his Father <hi>Magus</hi> had made, into one Volume, and with severe Menaces gave order for the keeping of them.</q>
</p>
<p>From <hi>Druis</hi> or <hi>Druides</hi> they will have the <hi>Druids</hi> so called, a sort of Philosophers so much famed and talked of in <hi>Caesar, Pliny</hi> and others: believe it who list for me. The whole business of the <hi>Druids</hi> at pre<g ref="char:EOLhyphen"/>sent I put off till <hi>Caesar</hi>'s times.</p>
</div>
<div n="4" type="chapter">
<head>CHAP. IV. </head>
<argument>
<p>K. <hi>Phranicus</hi> 900. Years after <hi>Samothes</hi> being to reside in <hi>Panno<g ref="char:EOLhyphen"/>nia,</hi> intrusts the <hi>Druids</hi> with the Government. In the mean time <hi>Brutus, Aeneas</hi> his Grand-son, arrives and is owned King by the <hi>Britans,</hi> and builds <hi>Troynovant,</hi> i. e. <hi>London. Dunvallo Molmutius</hi> 600. years after is King, and makes Laws concerning Sanctuaries, Roads or High-wayes and Plow-lands. K. <hi>Belin</hi> his Son confirms those Laws, and casts up four great Cause-wayes through the Island. A further account of <hi>Molmutius.</hi>
</p>
</argument>
<p>ABout Nine hundred years after <hi>Samothes,</hi> King <hi>Phranicus</hi> (take it from the <hi>British</hi> story, and upon the credit of our <hi>Jeoffry</hi>) in<g ref="char:EOLhyphen"/>trusts the <hi>Druids</hi> with the management of affairs, whilst he himself resided in <hi>Pannonia</hi> or <hi>Hungary.</hi>
</p>
<p>In the mean time <hi>Brutus,</hi> the Son of <hi>Sylvius Posthumus</hi> King of the <hi>Latines,</hi>
<note place="margin">Serv. ad 6. Aeneid.</note> and Grand-child to <hi>Aeneas</hi> (for <hi>Servius Honoratus</hi> in his Com<g ref="char:EOLhyphen"/>ment upon <hi>Virgil,</hi> makes <hi>Sylvius</hi> to be the Son of <hi>Aeneas,</hi> not of <hi>Asca<g ref="char:EOLhyphen"/>nius</hi>) being happily arrived by Shipping, with <hi>Corinus</hi> one of the chief of his company, and coming to land at <hi>Totnes</hi> in <hi>Devonshire,</hi> the <hi>Britans</hi> salute and own him King. He after he had built <hi>New Troy</hi> (that is, <hi>London</hi>) gave Laws to his Citizens and Subjects; those such as the <hi>Trojans</hi> had, or a Copy of theirs.</p>
<p>A matter of Six hundred years after <hi>Dunvallo Molmutius</hi> being King, ordained (my Authors besides <hi>Jeoffry</hi> of <hi>Monmouth,</hi> are <hi>Ralph</hi> of <hi>Che<g ref="char:EOLhyphen"/>ster</hi> in his <hi>Polychronicon,</hi> and <hi>Florilegus</hi>)<q> that their Ploughs, Temples and Roads that led to Cities, should have the priviledge to be places of refuge. But because some time after there arose a difference con<g ref="char:EOLhyphen"/>cerning the Roads or High-wayes, they being not distinguished by certain Limits and Bounds, King <hi>Belin</hi> Son of the foresaid <hi>Molmutius,</hi> to remove all doubt, caused to be made throughout the Island four Royal High-wayes to which that priviledge might belong; to wit, the <hi>Fosse</hi> or <hi>Dike, Watlingstrete, Ermingstrete,</hi> and <hi>Ikenilt<g ref="char:EOLhyphen"/>strete.</hi>
</q> (But our Learned Countrey-man and the great Light of <hi>Britan, William Camden, Clarenceaux</hi> King at Arms is of opinion,
<pb n="7" facs="tcp:108529:22" rendition="simple:additions"/>
these Cause-wayes were cast up by the <hi>Romans</hi>; a thing that <hi>Tacitus, Bede</hi> and others do more than intimate.)</p>
<p>
<q>Moreover, so sayes <hi>Jeoffry,</hi> he ordained those Laws, which were called <hi>Molmutius</hi> his Laws, which to this very time are so famed amongst the <hi>English.</hi> Forasmuch as amongst other things, which a long time after, <hi>Gildas</hi> set down in writing, he ordained, that the Temples of the Gods, and that Cities should have that respect and veneration, that whatsoever runagate Servant, or guilty person should fly to them for refuge, he should have pardon in the presence of his enemy or prosecutor. He ordained also, That the Wayes or Roads which led to the aforesaid Temples and Cities, as also the Ploughs of Husbandmen should be confirmed by the same Law: Afterwards having reigned Forty years in peace, he dyed and was buried in the City of <hi>London,</hi> then called <hi>Troynovant,</hi> near the Temple of Concord (by which Temple,<note place="margin">Norden in Brit. Specul.</note> there are not wanting those who understand that Illustrious Colledge on the Bank of <hi>Thames,</hi> consecrated to the Study of our Common Law, now called <hi>the Temple</hi> and) which he himself had built for the confirmation of his Laws.</q> At this rate <hi>Jeoffry</hi> tells the story; but behold also those things which <hi>Polydore Virgil</hi> hath gathered out of ancient Writers, whereof he wanted no store.</p>
<p>
<q>He first used a Golden Crown, appointed Weights and Measures for selling and buying of things, punisht Thieves and all mischie<g ref="char:EOLhyphen"/>vous sorts of men with the greatest severity; made a great many High wayes; and gave order, how broad they should be, and ordai<g ref="char:EOLhyphen"/>ned by Law, that the right of those Wayes belonged only to the Prince; and set dreadful Penalties upon their heads, who should vio<g ref="char:EOLhyphen"/>late that right, alike as upon theirs who should commit any misde<g ref="char:EOLhyphen"/>meanour in those wayes. Moreover, that the Land might not lye barren, nor the people be frequently oppressed or lessened through Dearth or want of Corn, if Cattle alone should possess the Fields, which ought to be tilled by men, he appointed how many Ploughs every County should have, and set a penalty upon them by whose means that number should be diminished: And he made a Law, That Labouring Beasts which attended the Plough, should not be distrained by Officers, nor assigned over to Creditors for money that was owing, if the Debtor had any other Goods left.</q> Thus much <hi>Polydore.</hi>
</p>
</div>
<div n="5" type="chapter">
<head>CHAP. V. </head>
<argument>
<p>A brief Account of Q. Regent <hi>Martia,</hi> and of <hi>Merchenlage,</hi> whe<g ref="char:EOLhyphen"/>ther so called from her, or from the <hi>Mercians. Annius</hi> again censured for a Forger, and his <hi>Berosus</hi> for a Fabulous Writer.</p>
</argument>
<p>THe Female Government of <hi>Martia,</hi> Widow to King <hi>Quintiline,</hi> who had undertaken the Tuition of <hi>Sisillius</hi> Son to them both, he being not as yet fit for the Government, by reason of his Nonage; found out a Law, which the <hi>Britons</hi> called the <hi>Martian</hi> Law. This also among the rest (I tell you but what <hi>Jeoffry</hi> of <hi>Monmouth</hi> tells
<pb n="8" facs="tcp:108529:23" rendition="simple:additions"/>
me) King <hi>Alfred</hi> translated, which in the <hi>Saxon</hi> Tongue he called <hi>Merchenlage.</hi> Whereas nevertheless in that most elaborate Work of <hi>Camden,</hi> wherein he gives account of our Countrey, <hi>Merchenlage</hi> is more appositely and fitly derived from the <hi>Mercians,</hi> and they so called from the <hi>Saxon</hi> word <hi>Mearc,</hi> that is, a Limit, Bound or Border.</p>
<p>These are the Stories, which Writers have delivered to us concer<g ref="char:EOLhyphen"/>ning those times, which were more ancient than the History of the <hi>Romans</hi>; but such as are of suspected, o<gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap> doubtful, that I may not say of no credit at all. Among the more Learned, there is hardly any Critick, who does not set down <hi>Annius</hi> in the list of Forgers. And should one go to draw up the account of Times, and to observe that difference which is so apparent in that <hi>Berosus</hi> of <hi>Viterbium</hi> from Sacred Scriptures, and the Monuments of the <hi>Hebrews,</hi> one would perhaps think, that he were no more to be believed, than another of the same name, who from a perpendicular position of the wandring Stars to the Center of the World in the Sign of <hi>Cancer,</hi> adventured to foretel, that all things should be burnt; and from a like Congress of them in <hi>Capri<g ref="char:EOLhyphen"/>corn,</hi>
<note place="margin">Senec. Nat. quaest. l. 3 c. 29</note> to say, there would be an universal Deluge. The story is in <hi>Seneca.</hi>
</p>
</div>
<div n="6" type="chapter">
<head>CHAP. VI.</head>
<argument>
<p> The story of <hi>Brutus</hi> canvast and taken to be a Poetick Fiction of the Bards. <hi>Jeoffry</hi> of <hi>Monmouth</hi>'s credit called in question. Antiquaries at a loss in their judgements of these frivolous stories.</p>
</argument>
<p>SOme have in like manner made enquiry concerning our <hi>British</hi> Hi<g ref="char:EOLhyphen"/>story, and stumbled at it. From hence we had <hi>Brutus, Dunvallo</hi> and Queen <hi>Martia:</hi> There are some both very Learned and very Judi<g ref="char:EOLhyphen"/>cious persons, who suspect, that that story is patched up out of Bards Songs and Poetick Fictions taken upon trust, like <hi>Talmudical</hi> Traditions, on purpose to raise the <hi>British</hi> name out of the <hi>Trojan</hi> ashes. For though Antiquity, as one has it, is credited for a great witness; yet how<g ref="char:EOLhyphen"/>ever 'tis a wonder, that this <hi>Brutus,</hi> who is reported to have killed his Father with an Arrow unluckily aimed, and to have been fatal to his Mother at her very delivery of him (for which reason <hi>Richard Vitus</hi> now after so many Ages makes his true name to be <gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>, that is, <hi>Mortal</hi>) should be mentioned by none of the <hi>Romans:</hi> a wonder, I say, that the <hi>Latin</hi> Writers should not be acquainted with the name of a <hi>Latin</hi> Prince, who gave both Name and Government to <hi>Britany.</hi> Did <hi>Euemerus Messenius</hi> alone ever since the World began, sail to the <hi>Panchoans</hi> and the <hi>Triphyllians?</hi> Indeed it is an ordinary thing for Poets, to ingraft those whom they celebrate in their Poems, into Noble Stocks and Illustrious Families, and by the assistance of their Muses heightning every thing above the truth, to feign and devise a great many stories. And what else were the <hi>Bards,</hi>
<note place="margin">Athen. dip<g ref="char:EOLhyphen"/>nos. l. 6.</note> as <hi>Athenaeus</hi> tells us out of <hi>Possidonius;</hi> but Poets reciting mens praises in song? How many things are there in that Fabulous Age (which in <hi>Joseph Scaliger</hi>'s account would more aptly be called the <hi>Heroick</hi> Age of the World,<note place="margin">Jos. Scal. in Elench. Orat. Chroa. D. Par.</note> I mean) down from that
<pb n="9" facs="tcp:108529:23"/>
much talked of Deluge of <hi>Pyrrha</hi> to the beginning of <hi>Iphitus</hi> his Olym<g ref="char:EOLhyphen"/>piads; how many idle stories are there mixt with true ones, and after<g ref="char:EOLhyphen"/>wards drest up and brought upon the stage? <q>Very many Nations, sayes <hi>Trithemius,</hi> as well in <hi>Europe</hi> as in <hi>Asia,</hi>
<note place="margin">Trithem. lib. de secundis.</note> pretend they took their original from the <hi>Trojans</hi>; to whom I have thought good to lend so much faith, as they shall be able to perswade me of truth by suffici<g ref="char:EOLhyphen"/>ent testimony. They are frivolous things which they bring concer<g ref="char:EOLhyphen"/>ning their own Nobility and Antiquity, having a mind as it were openly to boast, as if there had been no people in <hi>Europe</hi> before the destru<g ref="char:EOLhyphen"/>ction of <hi>Troy</hi>; and as if there had been no one among the <hi>Trojans</hi> themselves of ignoble birth.</q>
</p>
<p>He who made the Alphabetical <hi>Index</hi> to <hi>Jeoffry</hi> of <hi>Monmouth</hi> (who was Bishop of St. <hi>Asaph</hi> too) as he is printed and put forth by <hi>Ascensius,</hi> propt up the Authors credit upon this account, that, as he sayes, he makes no mention any where in his Book, of the <hi>Franks</hi>; by reason forsooth, that all those things almost, which he has written of, were done and past before the <hi>Franks</hi> arrival in <hi>France.</hi> This was a slip surely more than of memory. Go to <hi>Jeoffry</hi> himself, and in his Nineteenth Chapter of his first Book you meet with the <hi>Franks</hi> in the time of <hi>Bren<g ref="char:EOLhyphen"/>nus</hi> and <hi>Belinus</hi> among the <hi>Senones,</hi> a people of <hi>France:</hi> a gross mis<g ref="char:EOLhyphen"/>reckoning of I know not how many hundred years. For the <hi>Franks</hi> are not known to have taken up their quarters on this side the River <hi>Rhine,</hi> till some Centuries of years after <hi>Christs</hi> Incarnation. For how<g ref="char:EOLhyphen"/>beit by Poetick licence and Rhetorical figure <hi>Aeneas</hi> be said to have come to the <hi>Lavinian</hi> Shores, (which had not that name till some time after) yet it were much better, that, both in Verse and Prose, those things which appertain to History, should be expressed according to that form of <hi>Ovid</hi>; where at the burning of <hi>Rhemus</hi> his Funeral Pile he sayes,
<q>Tunc Juvenes nondum facti flevere Quirites,<note place="margin">
<hi>Ovid.</hi> 4. <hi>Fast.</hi>
</note>
</q>
that is,
<q>
<l>The young men then not yet <hi>Quirites</hi> made,</l>
<l>Wept as the body on the Pile they laid.</l>
</q>
And at this rate <hi>Jeoffry</hi> might and ought to have made his Translation, if he would have been a faithful Interpreter.</p>
<p>But as to our <hi>Brutus</hi> whence the <hi>Britans, Saxo</hi> whence the <hi>Saxons, Bruno</hi> whence those of <hi>Brunswick, Freso</hi> whence those of <hi>Friseland,</hi> and <hi>Bato</hi> whence the <hi>Batavians</hi> had their rise and name, take notice what <hi>Pontus Heuterus</hi> observes, as others have done before him.<note place="margin">Heuter. de Vet. Belgio. l. 2. c. <gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap>.</note>
<q>Songs or Ballads, sayes he, and Rhymes made in an unlearned Age, with ease obtruded falshoods for truths upon simple people, or mingling false<g ref="char:EOLhyphen"/>hoods with truths imposed upon them. For three or four hundred years ago there was nothing that our Ancestors heard with greater glee, than that they were descended from the adulterous <hi>Trojans,</hi> from <hi>Alexander</hi> of <hi>Macedonia</hi> the Overthrower of Kingdoms, from that Man<g ref="char:EOLhyphen"/>queller <hi>Hercules</hi> of <hi>Greece,</hi> or from some other disturber of the World.</q> And indeed that is too true which he sayes,
<q>
<pb n="10" facs="tcp:108529:24"/>
<l>
<note place="margin">
<hi>Ovid. Metam.</hi> 12.</note>—Mensur aque fictis</l>
<l>Crescit, & auditis aliquid novus adjicit auctor.</l>
</q>
which in plain English speaks this sence.
<q>
<l>Thus Stories nothing in the telling lose,</l>
<l>The next Relater adding still to th' News.</l>
</q>
But I will not inlarge.</p>
<p>To clear these points aright, Antiquaries, who are at see-saw about them, will perhaps eternally be at loss, like the <hi>Hebrews</hi> in their myste<g ref="char:EOLhyphen"/>rious debates, for want of some <hi>Elias</hi> to come and resolve their doubts.</p>
</div>
<div n="7" type="chapter">
<head>CHAP. VII.</head>
<argument>
<p> What the <hi>Trojan</hi> Laws were, which <hi>Brutus</hi> brought in. That con<g ref="char:EOLhyphen"/>cerning the Eldest Sons Inheriting the whole Estate, confuted. In the first times there were no Positive Laws; yet mention made of them in some very ancient Authors, notwithstanding a remark of some ancient Writers to the contrary.</p>
</argument>
<p>WEll! Suppose we grant there was such a Person ever in the World as <hi>Brutus:</hi> He made Laws, they say, and those taken out of the <hi>Trojan</hi> Laws; but what I pray were those <hi>Trojan</hi> Laws them<g ref="char:EOLhyphen"/>selves? There is one, I know well enough, they speak of, concerning the Prerogative of the eldest Sons, by which they inherited the whole Right and Estate of their deceased Father.<note place="margin">Herodot. in Euterpe.</note>
<hi>Herodotus</hi> writes it of <hi>Hector,</hi> Son and Heir to King <hi>Priam,</hi> and <hi>Jeoffry</hi> mentions it; but did this Law cross the Sea with <hi>Brutus</hi> into <hi>Brittany?</hi> How then came it, that the Kingdom was divided betwixt the three Brothers, <hi>Locrinus, Camber,</hi> and <hi>Albanactus?</hi> betwixt the two, <hi>Ferrix</hi> and <hi>Porrix?</hi> betwixt <hi>Brennus</hi> and <hi>Belinus?</hi> and the like of some others. How came it, that in a Par<g ref="char:EOLhyphen"/>liament of <hi>Henry</hi> the Eighth,<note place="margin">Stat. 37 Hen. <gap reason="illegible" resp="#APEX" extent="1 letter">
<desc>•</desc>
</gap>. c. 26.</note> provision was made, that the Free-holds of <hi>Wales</hi> should not thence-forward pass according to that custom, which they call <hi>Gavelkind?</hi> And anciently, if I be not mistaken, most Inheritances were parted among the Children, as we find in <hi>Hesiods</hi> works.
<q>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>.—</q>
<hi>i. e.</hi>
<q> We had already parted the Estate.</q>
And to the same purpose many like passages there are in old Poets, and in Holy Writ. But, as I said, what are those <hi>Trojan</hi> Laws? Perhaps the same with those, by which <hi>Nephelococcygia,</hi> the City of the Birds in <hi>Aristophanes,</hi> (or, as we use to say, <hi>Vtopia</hi>) is Governed.</p>
<p>The gravest Writers do acknowledge, that those most ancient times were for the most part free from positive Laws. <hi>The people,</hi> so says <hi>Justin,</hi>
<note place="margin">Justin hist. l. 1.</note>
<hi>were held by no Laws: The Pleasures and Resolves of their Princes past for Laws, or were instead of Laws.</hi> Natural Equity, like the <hi>Lesbian</hi>
<pb n="11" facs="tcp:108529:24" rendition="simple:additions"/>
Rule in <hi>Aristotle,</hi> being adapted, applied,<note place="margin">Arist. 5. Eth.</note> and fitted to the variety of emergent quarrels, a<gap reason="illegible" resp="#APEX" extent="2 letters">
<desc>••</desc>
</gap> strifes, ordered, over-ruled, and decided all Controversies. <q>And indeed at the beginning of the <hi>Roman</hi> State, as <hi>Pomponius</hi> writes, the people resolved to live without any certain Law or Right,<note place="margin">ff. de Orig. jur. l. 2.</note> and all things were governed by the hand and power of the King:</q> For they were but at a little distance from the Golden Age, when
<q>
<l>—vindice nullo<note place="margin">
<hi>Metam.</hi> 1. <hi>& Lucr. l.</hi> 5. <hi>cum Poetarum tur<g ref="char:EOLhyphen"/>ba.</hi>
</note>
</l>
<l>Sponte suâ sine lege fidem rectumque colebant.</l>
</q>
That is to say, when
<q>
<l>—People did not grudge</l>
<l>To be plain honest without Law or Judge.</l>
</q>
That which the Heresie of the <hi>Chiliasts</hi> heretofore affirmed, concerning the Sabbatick or seventh Millenary, or thousand years of the World.<note place="margin">August. de civ. Dei l. 19. c. 14.</note> And those Shepherds or Governors of the people, to whom
<q>
<l>—<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>
</l>
<l>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>—<note place="margin">Hom. Iliad. 9.</note>
</l>
</q>
that is,
<q>
<l>—Into whose hand</l>
<l>
<hi>Jove</hi> trusts his Laws and Scepter for Command.</l>
</q>
did Govern them by the guidance of vertue, and of those Laws which the <hi>Platonicks</hi> call the Laws of <hi>second Venus.</hi>
<q>Not out of the ambition of Rule, as St. <hi>Austin</hi> hath it, but out of duty of Counsel; nor out of a domineering pride, but out of a provident tenderness.</q> Do you think the <hi>Trojans</hi> had any other Laws? Only except the worship of their Gods and those things which belong to Religion. <hi>It was duty,</hi>
<note place="margin">Senec. ep. 91. Plut. de Isid. & Osirid.</note> says <hi>Se<g ref="char:EOLhyphen"/>neca, not dignity, to Reign and Govern:</hi> And an Eye and a Scepter among the <hi>Aegyptians,</hi> were the absolute Hieroglyphicks of Kings.</p>
<p>What? that there is not so much as the word <gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>, that is <hi>Law,</hi> to be met with in those old Poets, <hi>Orpheus, Musaeus,</hi> or <hi>Homer,</hi> (who was about an hundred and fifty years after the destruction of <hi>Troy</hi>) as <hi>Jose<g ref="char:EOLhyphen"/>phus</hi> against <hi>Appio, Plutarch,</hi> and several modern Writers have remarked:<note place="margin">
<p>Joseph. adv. App. l. 2.</p>
<p>Plut. in lib. de Homero.</p>
</note> I confess, if one well consider it, this remark of theirs is not very accu<g ref="char:EOLhyphen"/>rate. For we very often read in <hi>Homer</hi> and <hi>Hesiod,</hi> the word <gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>, which signifies <hi>Laws;</hi> and in both of them the Goddess <hi>Eunomia</hi> from the same Theme as <gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>.
<q>
<l>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>,</l>
<l>
<gap reason="foreign">
<desc>〈 in non-Latin alphabet 〉</desc>
</gap>.—</l>
</q>
which being interpreted, is
<q>
<l>But they by legal methods bear the sway</l>