296 THE JURISDICTION OF THE MARCHES. 



And, therefore, as to the first head, that the word marches 

 had been often applied to the lordships marchers, he said 

 it was the sophism which is called sciomachia, fighting with 

 their shadows ; and that the sound of so many statutes, so 

 many printed book-cases, so many records, were nomina 

 magna, but they did not press the question ; for we grant 

 that the word marches had significations, sometimes for 

 the counties, sometimes for the lordships marchers, like as 

 Northampton and Warwick are sometimes taken for the 

 towns of Northampton and Warwick, and sometimes for 

 the counties of Northampton and Warwick. And Dale 

 and Sale are sometimes taken for the villages or hamlets of 

 Dale and Sale, and sometimes taken for the parishes of 

 Dale and Sale : and therefore that the most part of that 

 they had said went not to the point. 



To that answer, which was given to the example of the 

 middle shires upon Scotland, it was said, it was not ad 

 idem ; for we used it to prove that the word marches may 

 and doth refer to whole counties ; and so much it doth 

 manifestly prove ; neither can they deny it. But then they 

 pinch upon the addition, because the English counties 

 adjacent upon Scotland are called the marches of England, 

 and the English counties adjacent upon Wales are called 

 the marches of Wales ; which is but a difference in phrase : 

 for sometimes limits and borders have their names of the 

 inward country, and sometimes of the outward country ; for 

 the distinction of exclusive and inclusivd is a distinction 

 both in time and place ; as we see that that which we call 

 this day fortnight, excluding the day, the French and the 

 law-phrase calls this day fifteen days, or quindena, includ 

 ing the day. And if they had been called the marches upon 

 Wales or the marches against Wales, then it had been clear 

 and plain ; and what difference between the banks of the 

 sea and the banks against the sea ? So that he took this 

 to be but a toy or cavillation, for that phrases of speech are 

 ad placitum, et recipiunt casum. 



As to the reason of the map, that the county of Worcester 

 doth no way touch upon Wales, it is true ; and I do find 

 when the lordships marchers were annexed, some were laid 

 to every other of the three shires, but none to Worcester. 

 And no doubt but this emboldened Wyndc to make the 

 claim to Worcester, which he durst not have thought on for 

 any of the other three. But it falls out well that that which 

 is the weakest in probability, is strongest in proof; for there 

 is a case ruled in that more than in the rest. But the true 

 reason is, that usage must overrule propriety of speech ; and 



