of Lady Madame and Dame with a grant quod nec nos nec Heredes vel successores Nostri de caetero in posterum erigemus ordinabimus constituemus aut creabimus infra hoc Regnum nostrum Angliae aliquem alium gradum Ordinem nomen titulum Dignitatem siue statum sub vel infra gradum dignitatem siue statum Baronum huius Regni nostri Angliae qui erit vel esse possit superior vel aequalis Gradui Dignitati Baronettorum praedictorum And further that after the proposed number of CC. made quod tunc nos non creâ—â—imus vel praeficiemus aliquam aliam personam vel personas in Baronettum vel Baronettos Regni nostri Angliae sed quod Numerus dictorum CC. Baronettorum ea ratione de tempore in tempus minuetur in minorem numerum cedet redigetur Vpon point of precedence a great controuersie grew afterward between these new Baronets and the yonger sonnes of Viscounts and Barons and after the Counsell on both parts three seuerall dayes at large heard by his Maiestie in person it e 28. Maij. 10. Iacobi Regis was decreed adiudged and established that the yonger sonnes of Viscounts and Barons shall take place and precedence before all Baronets And that such Bannerets as shal be made by the Kings Maiestie his heirs and successors vnder his or their Standard displaied in an Armie Royall in open Warre and the King personally present for the terme of the liues of such Bannerets and no longer according to the most ancient and noble institution shall for euer hereafter in all places and vpon all occasions take place and precedence as well before all other Bannerets whatsoeuer no respect being had to the time and prioritie of their Creation as likewise before the yonger sonnes of Viscounts and Barons and also before all Baronets And again that the yonger sonnes of Visconts and Barons and also all Baronets shall in all places and vpon all occasions take place and precedenee before all Bannerets whatsoeuer other then such as shall be made by the King himself his heirs and successors in person and in such speciall case manner and forme as aforesaid And that the Knights of the most honorable Order of the Garter the Priuie Counsellors of his Maiestie his heirs and successors the Master of the Court of Wards and Liueries The Chancellour and vnder Treasurer of the Exchequer Chancellour of the Duchie the chief Iustice of the Court commonly called the Kings bench the Master of the Rolls the chief Iustice of the Court of Common pleas the chief Baron of the Exchequer and all other the Iudges and Barons of the degree of the Coife of the said Courtâ— now and for the time being shall by reason of their Honorable order and employment of State and Iustice haue place and precedencie in all places and vpon all occasions before the yonger sonnes of Visconts and Barons and before all Baronets any custome vse ordinance or other thing to the contrarie notwithstanding But that no other person or persons whatsoeuer vnder the degree of Barons of Parliament shall take place before the said Baronets except only the eldest sonnes of Viscounts and Barons and others of higher degree whereof no question euer was or can bee made And in the same Decree his Maiestie further granted to knight the present Baronets which were then no Knights and that the heires males of the bodie of euerie Baronet hereafter when he shall be of XXI yeers Vpon knowledge thereof giuen to the Lord Chamberlaine of the Houshold or Vicechamberlaine for the time being or in their absence to any other Officer attending vpon his Maiesties person shall be Knighted by his Maiestie his heirs and successors And that the Baronets and their descendants shall and may beare either in a Canton in their Coat of Armes or in an Inscutcheon at their election the Armes of Vlster that is a field Argent a hand Gueules And also that the Baronets for the time being and the heirs males of their bodies shall haue place in the Armies of the Kings Maiestie his heirs and successors in the grosse neer about the Royall Standard of the King his heirs and successors for the defence of the same And lastly that the Baronets and the heirs males of their bodies shall haue two assistants of the Bodie to support the Pall a Principall Mourner and foure assistants to him at their funeralls being the meane betwixt a Baron and a Knight I haue transcribed this because out of it may be collected somwhat touching other Dignities and although a Baronet being a descendible honor is not properly mongst Knights yet because by the Decree a Knighthood is so due 〈…〉 it I shall not be much subiect to error of method for putting it here as occasion also was offerd Those of the BATH were anciently mongst the old Franks Prisci Franci saith f Idem mos in Hispanis olim Hieronym Roman apud Menen in Equest Ord. vbi de Banda Ad equestâ—em dignitatem veteres ritus solennes reuocasse Franciscum 1. Galliarum Regem scribit Hadr. Iunius in Batauiae cap. 19. Du Tillet ceremonias instituendis Equitibus multas adhibuerunt vt prius vigilarent diu Balneisque alijs rebus vterentur Quarum ceremoniarum vsus memoria nostra perstat in Anglia vbi viros eiusmodi vocant Balneorum Equites The eldest creation of them mongst vs rememberd is at the Coronation of Henrie IV. for to talk of Iulius Caesar's knights of the Bath is the worst of what is ridiculous Hee then in the Tower made XLVI and at Coronations Royall Marriages Christning or Knighting the Prince and such like were wont many to be made The particulars of the more ancient forme of Creation are at large by others g Segar Honor Milit. lib. 2. cap. 11. deliuerd and I had rather refer you to them then transcribe so much In these times the chief ceremonies are not much differing from the old that such as out of the fairest flowers of Nobilitie are to be thus honord the h Camd. in Ord. day before the creation heremit-like in ashcolour robes in a hood and a linnen cap and booted go to Praiers there to offer themselues first to God then attended euery one by two Esquires and a Page remember here the Trimarcisia which we speak of out of Pausanias they sup together Thence into a chamber Where euerie one hath his bed furnished with red Couering charged with his Armes and by his bathing Tub couerd with linnen clothes In this after some deuotions they wash themselues Next morning they are raised with Musique Then the Constable of England the Marshall and others hereto by the King appointed giue euery of them his oth binding him to the specall honor of God his Church and the King and to the defence of Widows Virgins Orphans Then vsherd by the Kings Musicians and Heralds they go in their Heremit-like weeds to Morning Prayer whence they
Trib. Schol. l. vnic honor Comitiuae regimen fuerint nacti absolutos militia inter eos qui Duces fuerint provinciarum numerari iubemus And the same r C. tit de Com. Archat Sacri Palatij l. vnic v. de comit Consistor lib. 1. tit 38. l. 1. Emperors Inter Vicarios that is they which were vnder the Praefecti Praetorio Duces qui administrauerint eos qui Comitiuam primi Ordinis meruerint nihil intersit nisi tempus quo quis administrauerit vel Comitiuae adeptus est insignia Of these titles is frequent mention in that excellent monument the Notitia vtriusque Prouinciae composd as Panciroll thinks vpon good collection about the time of Theodosius the yonger Where the gouernours of this I le are remembred Comes Britanniarum Comes Littoris Saxonici Dux Britanniarum and others But the title of Count was vsually giuen without any Office or gouernment as meerly honorary not so that of Duke In the grant of the s Cassiodor Var. 6. for 12. Comitiua vacans as they nam'd it Hocmultò praestantius adesse conspectibus regijs abesse molestijs gratiam habere loci vitare eontumeliam Actionis They which had it were Vacantes Secundò veniant Vacantes are the words of an Imperiall t C. vt Dignitat Ord. seru l. 2. Omnes constitution qui praesentes in Comitatu illustris dignitatis Cingulum meruerint Whom Zeno u C. vt senat vel clariss l. 3. §. 2. calls qui sine administratione honorarijs decorati fuerint codicillis And hence came that obuious name of Comes in the declining times of the Empire Herminio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for Comiti Caesareo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and infinite the like are in the inscriptions of Isidore of Pelusium his Epistles He liu'd about CCCC after our Sauiour vnder the yonger Theodosius It being by it self but for one that was honor'd with accompanying the Emperor and euen the same with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. one that liud with the King by which honorary attribute u Apochryph Dan. cap. 14. Daniel is stiled vnder the Babylonian Monarchie not much differing in substance from the Kings friend 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which in the x 1. Macab cap. 10. â—om 20 cap. 11. com 27. alibi Macedonian Empire was of great and speciall honor And Astrologers haue anciently deliuer'd that they who had Mercurie in their Ascendent should be y Firmiâ— Mathes 8. cap. 27. Regum amici alluding to or aiming I ghesse at that old Title Being in a like sort giuen them which had anciently the Attribute of AMICI ET FRATRES ROM IMP. as the Bataui or Hollanders and the Hedui now called Burgognes had z Antiq. Inscript Tacitus Annal. 11. Vbi videndus Lipsius in old time But later time in the Esterne Empire vsd the word Comes or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in another kind transferring it from a dignitie to an inferior militarie office 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith an f Constantin Porphyr in Themat Emperor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Comes is a Centurion But indeed their Centurion was vnder the Count or Comes and the Count * Leo in Tactic cap. 4. § 10. Gloss. Vett Iuris Nouell c. 27. was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. the leader of a whole Band. They vsually since D. after Christ and sometimes g Isido Pelusiot lib. 1. Epist. 133. Strategio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before rememberd that of Duke by the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dux and made it their word out of Latine and the Constantinopolitan Empire had its 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. the great Duke for a speciall office of great place vnder which the gouernment of the Marine forces was as vnder the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 those on land But none better interprets what a Count being imploi'd in gouernment was then Suidas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Comes or a Count is a Gouernor of the People And agreeing with him is Hesychius much more ancient Therefore in the a Cassiodor Var. 7. form 1. grant of a Comitiva Prouinciae the words are Scito puniendi remedium datum tibi pro salute multorum Arma ista iuris sunt non furoris For he had his militarie forces aswell as a Duke and with them kept his Prouince in subiection as the Duke But whereas it was proper to the Duke to be chiefly Martiall it seemes on the otherside that the Counts gouernment was chiefly legall and in administration of iustice hauing his Armie for Defence and better execution which was common to all that by this name had Prouinces Not to them only which were of the first Rank For a Prouinciall Count of the second had an Armie and was also a Ciuill Iudge The precedent of his Commission goes b Cassiodor d. l. form 26. thus Propterea per illam indictionem in illa Ciuitate Comitivae honorem secundi ordinis tibi propitia diuinitate largimur vt Ciues commissos aequitate regas publicarum Ordinationum iussiones constanter adimpleas Such a one was much inferior to a Duke and as I ghesse the originall of such as were in succeding ages Counts vnder Dukes was from those of the second Rank For a Count of the first was rather better then inferior to a Duke A very ancient c Leg. Baiuuar cap. 5. art 8. law thus speaks Si talis homo potens hoc fecerit quem ille Comes distringere non potest tunc dicet Duci suo Dux illum distringat secundum legâ—m Heer plainly the Count was vnder the Duke yet had also his Armie For not long after in the same lawes Comes tamen non negligat custodire exercitum suum vt non faciat contra legem in prouincia sua and iudges in the lawes of the Westgoths are ordinarily call'd Comites Ciuitatum So that the chief of the state gouernment was in the Duke but legall administration of particular iustice in that inferior kind of Count which by that name was sometimes also constituted by the Duke In an ancient d Leg. Aleman cap. 41 27. law Nullus causam audire praesumat nisi qui à Duce per conuentionem populi index constitutus est vt causaÌ„s iudicet I see no difference if it had been Comes constitutus est And among the same constitutions siquis sigillum Ducis neglexerit XII Sol. sit culp si autem sigillum Comitis neglexerit vel mandatum cum VI. Sol componat This Count is also call'd Iudex Fiscalis Si quis saith an ancient e Leg. Ripuarior cap. 55. art 1. constitution Iudicem fiscalem quem Comitem vocant interfecerit DC solid mulctetur But as these kind of Counts were inferior to Dukes and as their substitutes by that name so were others known you may vnderstand this of the
of Audeley is created Earle of Glocester in Parlament his Patent r Rot. Parl. 11. Ed. 3. Memb. 14. ch 34. memb 23. ch 41. memb 26. ch 49. thus speaking Ipsum in Comitem Glocestriae praefecimus de statu Comitis per cincturam gladij de munificentia regia inuestimus ad nomen omen dicti loci sibi haeredibus suis perpetuò retinendum In like forme William of Clinton is made Earle of Huntindon William of Bohun Earle of Northampton and XX. l. annuity giuen out of the Countie to be receiu'd from the Shirifes hands Many such are extant in the Records And how the girding or deliuery of aâ—sword was in delegation of Imperium or power of gouernment you may see in the Roman s Xiphil in Traiano de hac re affatim Pet. ber Semest 1. cap. 2. Prefectus praetoriorum some other of that State But in later time the chief part of the Ceremony hath been thus exprest in the Patent Per Gladij Cincturam Cappae Honoris circuli Aurei impositionem in signimus inuestimus c. Yet it seems that before any of these examples a Coronet was vsd by them For in S. Edmunds Chapell in Westminster lies buried Iohn de Eltham t Vide Apologiam G. Camden pag. 13. Earle of Cornwall sonne to Edward II. with a Coronet on his head of a Ducall forme Neither in his time could the distinction bee of Ducall Crowns from Earles Crowns as now because no Duke then was in England His Coronet is now Poinctee and Fleuronèe But these Ceremonies are not vsd when an Earledome is giuen to one before possest of a greater Dignitie Then only the Charter selues as an example lately was in the making of Lewes Duke of Lennox Earle of Richmond As in the Eastern State they had their Officiarie Protocomes so in England that name once was in Praecomes u Rot. Parl. 23. Hen. 6. Angliae which grew first and died in Henry of Beauchamp Earle of Warwick vnder Henry the sixt The Scotish stories assertion that Malcolm II. first created this Title there is well tolerable the Dignities there before being all vnder the name of Thanes and Macduff Thane of Fife was first made Earle of the same Territory In Spain are now as elswhere very many and haue their Coronets on their Armories But although diuers Officiary Counts were in their Gothique times knowne by the name of Comites in their Monuments yet as a granted Honorary Title it began in the Kingdom of Castile they say but of late time that is vnder Alfonso XII Hee x A. Chr. M. CCC XXVIII made his speciall fauorit Don Aluar Nunnez Osorin Count of Trastamara Lemos Sarria Hereof saith Mariane Nouum id exemplum fuit nullis anteà in Castellae regno Comitibus The Ceremonie he describes thus Tres Offae in vini poculo oblatae cum inter se Rex Comesque tertiò inuit âssent vter prior sumeret à Rege Offâ vnâ sumptâ à Comite alterâ Ius Caldariae in Castris in Bello Vexilli proprijs insignibus distincti datum In eam sententiam confectis Tabulis atque recitatis consecutus astantium clamor plaususque laeta faustáque nouo Comiti ominantium Is instituendi Comites ritus fuit In Poland of late time both this Dignity and that of Duke began but to few Communicated My Autor thus y Martin Cromer Polon descript lib. 1. of that State Est autem pari dignatione Polonica omnis Nobilitas nec est vllum in ea Patritiorum Comitúmue discrimen exaequatâ quodam tempore omnium conditione Nuper adeò paucis quibusdam parentum vel ipsorummet amplitudine atque meritis Principum beneficio Comitum Decus denuò partum est Ducum qui peculiares habeant dominatus vel Territoria nunquam aliud genus fuit apud Polonos quam id quod à Boleslao Kriuousto Principe this Krziuoust as they write it began to raigne in 1103. propagatum fuit cum is principatum inter liberos diuisisset Verum id iam defecit But in Lithuania Prussia and Liuonia are Dukedoms Gaguin and others call them Ducatus Neither for that State be satisfied here without seeing what we haue in the next Chapter of their Uaiuods and Chastelans Of Counts Palatin two sorts in old storie Palatins generally Counts Palatin without Territory made at this day by the Emperor and Pope Comes Palatij Curator Palatij The office of Comes Palatij in the old French State Chaplains whence so calld Maire Du Maison Count du Palais not the same anciently against diuers that affirme the contrarie Maioratus Senescalcia The true deduction of the name of Counts Palatin differing from the vulgar Psaltzgraffe of Rhine Landgraue Rigordus amended The Palatinat of Champagne Of Chester Durham Ely and Lancaster The Curtan sword born by the Earle of Chester at the mariage of Henry III. Franchise de Werk in our Law Annals Hexamshire Hengstaldemshire its name in our Monks amended Hexam vnited to Northumberland Palatins in Poland their Vaiuods 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chastellans Palatins in Leitow CHAP. V. AS one diuision of Counts is into PALATIN and Prouinciall The Palatins hauing their denomination from Palatium the Palace or Kings Court the Pronincials from their Prouinces so of Palatins some had that generall name for liuing z Cod. tit de Priuil eor qui sac Palat. Militant lib. 1. tit 34. in Palatia as Palatina Officia and Palatini Comitatenses for the Emperors Gard and the like Others were more specialy titled Comites Palatij as chief Iudges and Vicegerents in the Court for administration of Iustice of whom most mention is in the French storie Of those of the first kind is frequent mention in both the Codes but so that the word Palatins comprehend also whatsoeuer officers were employ'd in the Palace 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith an old Glossary of the Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. By a common name of Palatins are cald all such as were Officers in the Palace about the Treasurie and interprets it also by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Court Officers Of Prouinciall Counts alreadie But all honor'd with the Comitiua and following the Emperor might well be and were stil'd among this first kind of Palatins Among these are reckon'd such as haue arrogated that name from XX. years Profession of Grammar Rhetorique Law or the like in Constantinople by a a C. lib. 12. tit 15. 13. vide Cassi dor Var. 6. Form 19. Symmach lib. 1. epist. 26. 37. Constitution of Theodosius and Valentinian which at this day is in the Empire made vse of as also those created Count Palatins without any Territory both by Pope and Emperor which haue with their Honor b Pith. des Com. tes de Champ. luire 1. the Prerogatiues of making publique Notaries constituting Iudges legitimating of Bastards immunitie from Imposts and the like It is written on the Tomb
Varo how soon that difference might creep in any d Vti B. V. saepiùs inuicem Antiquis commutantur videre licet apud Ald. Manutium in Hirt. de Bell. Hispaniensi alios nouice in Letters knoweth and tells vs that Varones dicuntur serui militum qui vtique stultissimi sunt serui scilicet stultorum He plainly iustifies the interpretation and perhaps in that first place of Cicero so vext mongst Grammarians som allusion is to this notion of the word For how much he persecuts the Epicurean sect is apparant in that of his De Finibus and what was Patro but an Epicurean And how well might he lay that name on such as in his iudgment were so farre from true Philosophie Cum Patrone Epicureo saith e Famil lib. 13. epist. 1. he mihi omnia sunt nisi quod in Philosophia vehementer ab eo dissentio I see not then but in both places it may be probably affirmed that he ment by Barones alike Yet to iustifie also that which the Scholiast of Persius writes the name is in an ancient A. Hirtius or f De bell Alexandrino Baro item Cognomen Romanis erat v. Inscript Ep. Alciat Parerg 5. cap. 16. Oppius He for som kind of Souldiers or their seruants vses it Concurritur are his words speaking of the violence offerd by Minucius Silo ad Cassium defendendum Semper enim Barones so some read it being printed also Barones complurésque euocatos cum telis secum habere consueuerat And g Origin lib. 9. cap. de Ciuibus Isidore Mercenarij sunt qui seruunt acceptâ mercede ijdem Barones Graeco nomine quod sint fortes in laboribus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 n. dicitur grauis quod sit fortis cui contrarius est leuis infirmus And in an old Arabico-Latine Glossarie Barones fortes in laboribus which teaches how to mend Isidores Glossarie where its printed Bargines Fortes in bello Confidently read Barones F. i. b. And well doth this agree with our Bracton his deriuation Sunt saith he alij Potentes sub rege qui dicuntur Barones hoc est Robur belli The learned h Aduersar subsec lib. 1. cap. 8. P. Pithou cites some old Glossarie where Baro is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. hatred And Barosus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Disdainfull or Currish These are testimonies of the signification of Baro as it was made a Denizen in the Latine Common-welth for it seems to be of a strange bloud and as some will deduced into Rome or in the middle times into Latine out of Gaulish old French or Dutch But I coniecture although it be vsd by Tully for a block-head or a simple fellow and so by Persius that yet the genuine signification of it was rather seruus Militis or Calo or Cacula which are what the French call les valets des gendarmes i. Souldiers attendants then Fatuus or Stultus as of Bardus also may be affirmd For that is vsd for Fatuus yet was in Gaulish a Poet. And the seruile qualitie of those attendants might well giue occasion to applie the generall name of their Dutie to the particular of their qualitie As because great and lubberly fellows are vsually noted for imperfection in vnderstanding and seruile abilitie of mind the Latins by the name of Magnus homo i Meurs Exerc. Critic part 1. ad Plauti Milit. cap 4. ment a foolish knaue or a foolish fellow Nequam Magnus Homo Laniorum immani canes vt saith k Varro de lingua Lat. lib. 6. Lucilius Magna quidem sequeris Pontice magnus homo es with the like is in l Lib. 7. Epig. 99. v. lib. 9. epig. 51. Martial Yet neither did that properly interpret a Foole no more did Baro. The same in proportion may bee said of it as it is turnd in the Glossaries Fortis or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the like For I take Fortis there not for valiant but sturdie or strong which well fits with our Baro as he was Militis seruus or Cacula But that it s deriud from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I must take long day to beleeu Doubtles it will be of another Family another Climat In the ancientest laws of the Almains Ripuarians Salians and the rest which are supposd writen about CD or D. after our Sauiour Baro often occurrs for Man as it distinguishes the better Sex And according to that it is m Philoxen in Vet. Glossario turnd into the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. a Man It s likely then that as the Latins haue vsd puer and somtimes Homo in later ages of Barbarisme nothing more common then Homo for a Man or seruant the French and those mongst whom Baro or Baron was for Homo or Vir appli'd it in the same fashion and so calld their ministring seruants which also helps to iustifie the testimonie of Cornutus by whom perhaps and by the Romans the knowledge of som barbarous words being chiefly learnd out of the Warres this was thought only to signifie the seruants of the Camp That it was vsd by the French or Dutch for a Minister or Man or such like we may obserue in this peece of the Salique n Salic leg cap. 96. art 4. laws Si quis Sagibaronem qui puer regius fuerit occideret c. And then Sagibarones in singulis Mallobergijs i. plebe quae ad vnum Mallum conuenire solet This Mall or Mallus occurrs often in the Salique laws and ancient precedents in like signification plus quam tres esse non debent si causa aliqua ante illos secundum legem fuerit definita ante Grafionem remouere non liceat Here in Sagibaro the word Baro appears and vntill I am better instructed I shall think that Sagibaro was one of som kind of mean Iustices or Officers in the Countrie before whom somtimes causes criminall and amendable by amercements or mulcts were heard and determined neer like our Iustices of Oier and Terminer for Trespasses And in this sense perhaps remains the names of Barons to this day in the Iudges of the Exchequer For Sagi I ghesse is made out of Sath or Sake a word known in our ancient laws and comming from Teutsch or Saxon vsd for libertie of amerciament and giuing amends in the Court Baron anciently due to the Lord both when the plaintife faild in his proofe or the defendants were subiect to the Action as at this day Sak saith an ancient Ms. est placitum Emenda de transgressoribus I read transgressionibus hominum in Curia vestra quia Sak Anglicè Encheson Romanè hee meant Francicè whence works in the Prouinciall tongues of France and Spain are calld Romances inde dicitur Forsouth Sak hoc est est pur cel encheson Our law French vses encheson as the present French their Achoison for an occasion or opportunitie and I think for accusation You know the word Sake