§ 1. Zasius, Rulandus, and Cluverius have without cause invented the claim that Counts had their beginning among the Germans; for they were companions first of Proconsuls, and then of Emperors, and this before the manners and institutions of the Germans were known.
The dignity of Counts has now increased beyond measure. Formerly they were so called because they accompanied the Prince. The Prince’s court itself was called the Comitatus, nor did “to be sent to the Prince” signify anything other than “to be sent to the Comitatus.” Socrates, Ecclesiastical History, book 2, chapter 23. Ammianus, book 28, calls it the Sacred Comitatus; Symmachus, book 2, chapter 8, and book 9, chapter 8. The Comitatensian Legions or Vexillations took their name from it. Law Nemo, Code, On Military Affairs. The man who ordered the Comitatus was also called Count.
§ 2. The dignity of Counts now exists partly in the greatest Princes, partly in the vilest men, and partly in men of moderate station. The Count Palatine of the Rhine, an Elector, the Count of Flanders, and the Count of Tyrol are great Princes. Certain worthless men, who, endowed by the letters patent of Caesars with the honor of the Comitatus or Palatinate, wander about and boast in the title of honor; nevertheless, many honorable and military men are distinguished by that dignity. They were indeed at one time true companions of the Emperor; but now, when they bear it as a dignity, they ought not to be called Counts from custom alone.
Yet the beginning and origin of the name is from that custom. For Hadrian transferred the Senate into the court and enrolled the most select of the nobles into a company of friends, which was called the Comitatus of Caesar. Spartianus, Hadrian. Afterward the title of honor was given to others also, such as professors who had lectured publicly for twenty years. But now, since there are in Germany Counts Palatine, Landgraves, Margraves, and Burgraves—that is, Counts of the Palace, Borders, and Burgs, that is, of fortresses or towns—those wandering pretenders employ only the name “Counts Palatine.”
The Count Palatine is so called from the Palace, not from the Capellatian region, which takes its name from Palas and over which the Count Palatine presides, called in the ancestral language Pfaltzia, as the most learned Peter Gregory of Toulouse thinks, book 6 of the Syntagma, chapter 8. For the Count Palatine is truly named from the Palace of Caesar and from the dignity which he possesses in it. First, he is Archsteward, which is a Palatine office; second, when the Empire is vacant he is Vicar of one portion; third, he is Judge in causes in which the Emperor is accused, which is an eminent dignity.
Thus it stands in the Golden Bull, title 5, On the Right of the Count Palatine of the Rhine and the Duke of Saxony: “Whenever, moreover, as is premised, the Sacred Empire happens to be vacant, the illustrious Count Palatine of the Rhine, Archsteward of the Sacred Empire at the hands of the future King of the Romans, in the regions of the Rhine and Swabia and where Frankish law obtains, by reason of the privilege of his Principality or County Palatine, ought to be Provider of the Empire, with power to exercise judgments; to present to ecclesiastical benefices; to collect revenues and proceeds; to invest with fiefs; and, in the place and name of the Sacred Empire, to receive oaths of fidelity. Nevertheless, all these things must in due time be renewed by the King of the Romans afterward elected, and the same oaths must be offered anew to him, excepting only the fiefs of Princes and those which are commonly called Fahnlehen, the investiture and collation of which we reserve specially to the Emperor alone, or the King of the Romans. Let the Count Palatine himself, however, know that every kind of alienation or obligation of imperial property is expressly forbidden to him during the time of this provision.
“And we will that the illustrious Duke of Saxony, Archmarshal of the Sacred Empire, enjoy the same right of provision in those places where Saxon laws are observed, under all the modes and conditions expressed above. And although the Emperor or King of the Romans, in causes in which he has been accused, must answer, as is said to have been introduced by custom, before the Count Palatine of the Rhine, Archsteward of the Sacred Empire and Prince Elector, nevertheless the Count Palatine himself may exercise that judgment nowhere except in the Imperial Court where the Emperor or King of the Romans is present.”
When the Empire of the French and Germans flourished, Counts presided over cities; they were Judges and, as it were, Praetors. Beatus Rhenanus, book 2 of German Affairs. But when, either through merits or the outcomes of wars, administrations of counties were sometimes made perpetual and hereditary, from this arose Counts and Marquesses, of whom there is now in the Empire a great multitude, dignity, and power.
§ 3. Arcadius and Honorius made Counts equal to Proconsuls: “We decree generally that those who have deserved to be called Counts of the Consistory of Our Tranquillity should be made equal to Proconsuls of spectable rank. Given seven days before the Kalends of October at Constantinople, Theodorus, a man of clarissimate rank, being Consul.” Code, book 12, title 10. This concerns Consistorians.
Concerning Counts of Military Affairs, title 12, Honorius and Theodosius confirmed the power of adoring the Prince:
“The Provosts and Tribunes of the Schools who are admitted to the banquets of our leisure and from antiquity have deserved the faculty of adoring the Prince—among whom the Counts of the Sacred Stable and the Care of the Palace are also numbered—if they have deserved a Countship of the first order together with the Provostship, and by chance have not arrived at higher honors, when their oath has been laid aside we command that they be held among those who have been Counts of Egypt or of the Pontic Diocese, whose dignity is equal. Others who, with the honor of a Countship, have obtained a government, when released from military service we order to be numbered among those who have been Dukes of Provinces. Given seven days before the Kalends of April at Constantinople, Lucius, a man of clarissimate rank, being Consul.”
After faithfully completing their service, the Decurions of the Palace could be enrolled among the Counts. Code, book 12, On Silentiaries and Decurions: “After faithfully completing their service and after laying aside the oaths of military service, let the Decurions of our Palace possess the choice either to prefer to obtain a dignity from Our Majesty from the Master of Offices, like the agentes in rebus, or to be enrolled among men of illustrious rank as Counts of the Domestics, namely among the agentes, so that honor may be reserved to them in every respect, both in adoring Our Serenity and in saluting Administrators, and in the other privileges of the aforesaid honor, and also in our Consistory. Given the day before the Kalends of November at Constantinople, Honorius for the tenth time and Theodosius for the sixth time, Augustuses, being Consuls.”
The chief physicians of the Palace were also endowed with this dignity. Thus Honorius and Theodosius: “If the rank of a Countship of the first order has ennobled the chief physicians serving within the Palace, we command that they be enrolled among the Vicars, whether they laid aside military service long ago or shall lay it aside afterward; so that between the Vicars and Dukes who have administered office, and those who have deserved a Countship of the first order, there shall be no distinction except the time when each administered office or obtained the insignia of a Countship. Given twelve days before the Kalends of April at Constantinople, Lucius, a man of clarissimate rank, being Consul.”
§ 4. It is evident that the Count of the Stable possessed great authority, for Valentinian adorned his brother Valens with that dignity. In Germany it is an ordinary dignity among men of moderate station; in France it is among the highest, indeed the most dangerous. By a corrupted word they call him Constable or Conestable. Formerly, when there was war, the cavalry was committed to him; afterward the whole army. He possessed jurisdiction over all soldiers and commanded even the King’s brothers and kinsmen. His authority then increased when the office was made perpetual. His dignity is therefore the greatest, and the other Marshals are subject to him; for this reason he even possesses the King in his power. The Marshals serve in place of the Count of the Stable and Master of the Horse. Formerly there were four; afterward their number was increased, in order to divide the power, so that there were eight. The Master of Foot is properly the Vicar of the Constable.
§ 5. The authority of Dukes and Counts under Charlemagne was not singular; they were like Roman Governors, whom Emperors at their judgment either removed or restored to the place of dignity, just as the friends of Kings are now worth a talent, now a denarius, according to the place the King assigns them.
After the time of Diocletian Dukes possessed some rank of dignity, and their first mention is in Ammianus. In France they were nearest the Kings. Walafrid Strabo, book On Ecclesiastical Affairs, chapter 13. But they presided over Prefectures rather than hereditary lordship.
The kinsmen and brothers of Kings were called Peers; afterward twelve were so called, though elsewhere even parents are thus named.
Bullinger relates that he read in an ancient codex that a King ought to have two Patricians; a Patrician, four Dukes; a Duke, four Counts; a Count, four Barons; a Baron, four Castellans; and a Castellan, four Vassals. In another codex: a Count should preside over ten Marquesses, and a Marquess over ten Barons. I believe that this was written; I think it was never observed. I do not doubt that Marquesses take their name from borders. In German Marc is not a noble horse, but Maer is a mare, and perhaps a horse; but Marck or March is a border.
§ 6. The Count of Private Affairs was at first the procurator of Caesar and afterward the Count of the Lord’s Estate. There was another Count under him, the Count of Private Largesses. Afterward he judged concerning escheated goods, incest, and violators of tombs. The Count of the Sacred Patrimony was also distinct from him, although they appear to have been under him.
Afterward the same office which had belonged to the Count of the Sacred Largesses was given to the Protovestiarius, who guarded all precious things and even the treasury itself; for this also was afterward added.
§ 7. Some think that Barons are Varones, that is, servants of soldiers and camp followers, who are the most foolish of men. The Germans say that they called wise men “Barons,” that is, men. Now the Germans call them Freyherrn, not because they acknowledge no superior, but because they are under only the supreme Magistrate. I think the word is German, but the institution taken from the Romans. The Romans called Senators “Fathers”; it was a name of dignity, whence also came “Patricians.” But among the ancient Germans, and now also, father is called Vaar, by contraction from Vader, for Vatter is more recent. Barons, therefore, or Varones, were so called as though fathers.
I am not ignorant that there are other opinions of others concerning Barons. Some think that they are called from βαρεῖν, or rather βαρύνειν, because they excel in gravity and dignity. Others who derive them from fortresses, which later Greeks called βάρεις from the Hebrew, or from ברא, that is, “creating,” depart farther from the right course. For what would bring it into the mind of Germans and Frenchmen to distinguish a new dignity by a Hebrew name, and indeed one so general? Yet if a name must be sought all the way from Heber, we shall more rightly say that Barons are called Barionim, בריונים, as though from ברר, “chosen, serene, pure,” for the Hebrews employ it more commonly in this meaning. But since that dignity exists among Germans and Frenchmen, I prefer to seek its meaning from their own ancient language rather than from foreign ones.
In certain cities, as in golden Mainz, some Masters of artisans whose care it is to provide for and direct foreign workmen who arrive are called Fathers. Yet it is useful to hear others also. Some think Vassals and Barons the same, but Peter Gregory of Toulouse shows that they are different, book 6 of the Syntagma, chapter 10. Hector Boethius testifies that among the Germans and Scots Barons are called the same as Royal Vassals. Blondus wished them to be included under that name. And some think that the captains and magnates of the kingdom were so called by that name: all Dukes, Counts, and Marquesses. Otto of Freising also numbers William, Marquis of Montferrat, among the Barons of Italy. Among the ancients in France also it sometimes pleased them that Counts should be called Barons, as Renatus Chopinus teaches at greater length. Baldus, however, notes that the Lombards call this man a great Castellan; and Boerius says the same in France and that he is the man who, by concession of the Prince, has obtained in a certain fortress the right of lower, middle, and highest coercion. Others suspect that the man called a Baron is the one who is called a great Valvassor and Captain of the King in fiefs, whom the Prince has invested with some commonalty or portion. But it pleased others that anyone below a Count who possesses some dignity should be called a Baron. For they wished
a County to be more worthy than a Barony. Nor is the opinion of those who confuse these dignities commonly approved, because both are often named together in law as distinct.
Some attribute to the Baron even the supreme power after the royal power in matters pertaining to feudal rights, and assert that these men are called Barons from the Greek word βαρεῖν, because they ought to precede the other Beneficiary Lords in gravity and dignity. As testimony for this they cite Cicero to Atticus: “I have placed you in the highest favor with the Patron and the other Barons,” and so forth. Others, however, read “Varones” there.
Others derive Barons from the form of a feudal building, because houses enclosed on every side and raised upon towers are called Bareis by the people of Palestine, according to Rhodiginus. But if it is permitted to interpret our word from other languages, the derivation from the Hebrew speech appears truer to me: that a Baron should be called, as it were, a new creature and creation which is neither a Duke, Marquess, nor Count, but some new thing. For thus the Hebrews say ברא, “he created,” and בריאה, a formation, a new creature; or from ברר, “he chose,” so that a Baron is called “chosen.” And among the Rabbis also Barion is a bodyguard, who is commonly called spatharinus, “swordsman.”
And in chapter 11 he shows that greater Princes are called Vassals, Valvassores, and Valvasini. His words are: “They think Valvassores are so called because they stood at their Lords’ doors, as was also done among the Kings of the Hebrews. Lesser Valvassores they also called Valvasini. And in turn those who received a fief from the lesser Valvassores were called the least Valvassores. Thus there were three ranks of Valvassores: greater, lesser, and least. By common law the lesser were free to take away from the least a fief, after restoring the price, if they had sold it to them; this was nevertheless not permitted by the custom of Milan, because the least possess the same right as the greater. In relation to all these, Dukes, Counts, and Marquesses, who received a fief from the King and gave it to others, are called Seniors, as though first Feudatories before the greater Valvassores. From this word Seniores is derived the word Seigneur. Valvassores are also called soldiers of the Seniors.”
For so Conrad I often employs the word in a law added to the Frankish and Lombard laws, in the title On Benefices and Tributary Lands. Pepin also employed it in the law concerning property under dispute, which he enacted in this manner: “Let no one purchase a horse, ox, pack animal, or any other thing unless he knows the man who sold it, or from what district he is, or where he dwells, and who his Senior is.” The Franks spoke of Vassals and Vassi, as appears in the title On the Lord’s Vassi. Aemoinus says that Charlemagne appointed throughout all Aquitaine Counts and Abbots, and very many others, “whom,” he says, “they commonly call Vassi, from the nation of the Franks.” And elsewhere he relates that Tassilo, Duke of the Bavarians, came with the chief men of his nation and, after the Frankish custom, commended himself with his own hands into the King’s hands in vassalage; and promised by oath upon the body of Saint Dionysius fidelity both to King Pepin himself and to his sons Charles and Carloman; and so forth. In like manner also all the chief men and elders of the Bavarians.
Some say that Vassals were named from vas vadis, because in the form of fidelity they swore an obligation to their Lord. Others say from the Frankish word Vassi, which signifies “brave,” namely because Lords granted fiefs to chosen brave soldiers. In the Turkish language Bassalar means eminent men—if one may speak thus, “heads”—who always accompany the Prince for counsel. Thus Satraps and men of greater dignity are also called Bashas among the Turks, some of whom are greater than others. Thus Bashas are honored by other Bashas according to dignity. And perhaps βάσσαι also were so called, as though Vassi.
Others say that Barons and Baros mean men, namely brave men, so that it is a name of virtue. Thus certain glosses. The Picards thus call husbands. Among Spaniards Varon means an eminent man. Indeed, the German word Bar has the notion of liberty; for this reason some think that children, that is, sons, were also so called. Matthew Paris, in the English History, calls the council or assembly of France the Baronagium.