THE JURISDICTION OF THE MARCHES. 291 



is evident upon the statute itself, that in the very clause 

 which we now handle it referreth twice to the usage, as 

 heretofore hath been used. 



This then I infer, that whatsoever was the king s inten 

 tion in the first erection of this court, was, likewise, the 

 intention of the parliament in the establishing thereof, be 

 cause the parliament builded upon an old foundation. 



The king s intention appeareth to have had three branches, 

 whereof every of them doth manifestly comprehend the four 

 shires. 



The first was the better to bridle the subject of Wales, 

 which at that time was not reclaimed : and therefore it was 

 necessary for the president and council there to have j uris- 

 diction and command over the English shires ; because that 

 by the aid of them, which were undoubted good subjects, 

 they might the better govern and suppress those that were 

 doubtful subjects. 



And if it be said, that it is true, that the four shires were 

 comprehended in the commission of oyer and terminer, for 

 the suppression of riots and misdemeanors, but not for the 

 jurisdiction of a court of equity ; to that I answer, that their 

 commission of oyer and terminer was but gladius in vagi?ia, 

 for it was not put in practice amongst them ; for even in 

 punishment of riots and misdemeanors, they proceed not by 

 their commission of oyer and terminer by way of jury, but 

 as a council by way of examination. And again it was 

 necessary to strengthen that court for their better counte 

 nance with both jurisdictions, as well civil as criminal, for 

 gladius gladium juvat. 



The second branch of the king s intention was to make 

 a better equality of commerce and intercourse in contracts 

 and dealings between the subjects of Wales and the sub 

 jects of England ; and this of necessity must comprehend 

 the four shires; for otherwise, if the subject of England 

 had been wronged by the Welsh on the sides of Wales, he 

 might take his remedy nearer hand. But if the subject of 

 Wales, for whose weal and benefit the statute was chiefly 

 made, had been wronged by the English in any of the 

 shires, he might have sought his remedy at Westminster. 



The third branch of the king s intent was to make a con 

 venient dignity and state of the mansion and resiance of 

 his eldest son, when he should be created Prince of Wales, 

 which likewise must plainly include the four shires ; for 

 otherwise to have sent primogenitum regis to a government, 

 which without the mixture of the four shires, as things then 



