292 THE JURISDICTION OF THE MARCHES. 



were, had more pearl than honour or command ; or to have 

 granted him only a power of lieutenancy in those shires, 

 where he was to keep his state, not adorned with some au 

 thority civil, had not been convenient. 



So that here I conclude the second part of that I am to 

 say touching the intention of the parliament precedent. 



Now touching the construction subsequent, the rule is 

 good, optimus legitm interpres consuetudo ; for our labour is 

 not to maintain a usage against a statute, but by a usage 

 to expound a statute ; for no man will say but the word 

 marches will bear the sense that we give it. 



This usage or custom is fortified by four notable circum 

 stances ; first, that it is ancient, and not late or recent ; se 

 condly, it is authorised, and not popular or vulgar ; thirdly, 

 that it hath been admitted and quiet, and not litigious or 

 interrupted ; and fourthly, when it was brought in ques 

 tion, which was but once, it hath been affirmed, judicio con- 

 troverso. 



For the first, there is record of a president and council, 

 that hath exercised and practised jurisdiction in these shires, 

 as well sixty years before the statute, namely, since 18 E. 

 IV. as the like number of years since ; so that it is Janus 

 bijrons t it hath a face backward from the statute, as well as 

 forwards. 



For the second, it hath received these allowances by the 

 practice of that court, by suits originally commenced there, 

 by remanding from the courts of Westminster, when causes 

 within those shires have been commenced here above ; 

 sometimes in chancery, sometimes in the star-chamber, by 

 the admittance of divers great learned men and great judges, 

 that have been of that council, and exercised that jurisdic 

 tion; as at one time Bromley, Morgan, and Brook, being 

 the two chief justices, and chief baron, and divers others ; 

 by the king s learned council, which always were called to 

 the penning of the king s instructions ; and, lastly, by the 

 king s instructions themselves, which though they be not 

 always extant, yet it is manifest that since 17 H. VIII. 

 when Princess Mary went down, that the four shires were 

 ever comprehended in the instructions, either by name, or 

 by that that amounts to so much. So as it appears that 

 this usage or practice hath not been an obscure custom 

 practised by the multitude, which is many times erroneous, 

 but authorised by the judgment and consent of the state: 

 for as it is vera VQJC to say, maximus erroris populus magis- 

 ter; so it is dura vox to say, maximus erroris princeps mu- 

 gister. 



