294 THE JURISDICTION OF THE MARCHES. 



For the first, they did allege divers statutes before 27 

 H. VIII. and divers book-cases of law in print, and divers 

 offices and records, wherein the word marches of Wales 

 was understood of the lordships marchers. 



They said farther, and concluded, that whereas we show 

 our sense of the word but rare, they show theirs common 

 and frequent ; and whereas we show it but in a vulgar use 

 and acceptation, they show theirs in a legal use in sta 

 tutes, authorities of books, and ancient records. 



They said farther, that the example we brought of 

 marches upon Scotland was not like, but rather contrary ; 

 for they were never called marches of Scotland, but the 

 marches of England : whereas the statute of 34 doth not 

 speak of the marches of England, but of the marches of 

 Wales. 



They said farther, that the county of Worcester did in 

 no place or point touch upon Wales, and therefore that 

 county could not be termed marches. 



To the second they produced three proofs; first, some 

 words in the statute of 32 H. VIII. where the statute, pro 

 viding for a form of trial for treason committed in Wales, 

 and the marches thereof, doth use that word, which was 

 in time after the statute of 27 ; whereby they prove the use 

 of the word continued. 



The second proof was out of two places of the statute, 

 whereupon we dispute, where the word marches is used for 

 the lordships marchers. 



The third proof was the stile and form of the commission 

 of oyer and terminer even to this day, which run to give 

 power and authority to the president and council there, 

 infra prindpalitat. Wallia, and infra the four counties 

 by name, with this clause farther, et marchias Wallia 

 eisdem comitatibus adjacent : whereby they infer two things 

 strongly, the one that the marches of Wales must needs 

 be a distinct thing from the four counties ; the other that 

 the word marches was used for the lordships marchers 

 long after both statutes. 



They said farther, that otherwise the proceeding, which 

 had been in the four new erected counties of Wales by the 

 commission of oyer and terminer, by force whereof many 

 had been proceeded with both for life and other ways, 

 should be called in question, as coram nonjudice, insomuch 

 as they neither were part of the principality of Wales, nor 

 part of the four shires; and therefore must be contained 

 by the word marches, or not at all. 



