290 THE JURISDICTION OF THE MARCHES. 



shires were commonly called the east, west, and middle 

 marches. 



To proceed, therefore, to the intention of those that 

 made the statute, in the use of this word ; I shall prove 

 that the parliament took it in this sense by three several 

 arguments. 



The first is, that otherwise the word should be idle ; and 

 it is a rule, verba sunt accipienda, ut sortientur effect um : for 

 this word marches, as is confessed on the other side, must 

 be either for the counties marches, which is our sense, or 

 the lordships marchers, which is theirs ; that is, such 

 lordships, as by reason of the incursions and infestation of 

 the Welsh, in ancient time, were not under the constant 

 possession of either dominion, but like thebateable ground 

 where the war played. Now if this latter sense be destroyed, 

 then all equivocation ceaseth. 



That it is destroyed appears manifestly by the statute 

 of 27 H. VIII. made seven years before the statute of which 

 we dispute ; for by that statute all the lordships marchers 

 are made shire ground, being either annexed to the ancient 

 counties of Wales, or to the ancient counties of England, or 

 erected into new counties, and made parcel of the dominion 

 of Wales, and so no more marches after the statute of 27 : 

 so as there were no marches in that sense at the time of the 

 making of the statute of 34. 



The second argument is from the comparing of the place 

 of the statute, whereupon our doubt riseth, namely, that 

 there shall be and remain a lord president and council in 

 the dominion of Wales and the marches of the same, &c. 

 with another place of the same statute, where the word 

 inarches is left out ; for the rule is, opposita juxta se posit a 

 magis elucescunt. There is a clause in the statute which 

 gives power and authority to the king to make and alter laws 

 for the weal of his subjects of his dominion of Wales ; there 

 the word marches is omitted, because it was not thought 

 reasonable to invest the king with a power to alter the laws, 

 which is the subjects birthright, in any part of the realm of 

 England ; and therefore, by the omission of the word marches 

 in that place, you may manifestly collect the signification 

 of the word in the other, that is to be meant of the four 

 counties of England. 



The third argument which we will use is this : the council 

 of the marches was not erected by the act of parliament, 

 but confirmed ; for there was a president and council long 

 before in E. IV. his time, by matter yet appearing ; and it 



