298 THE JURISDICTION OF THE MARCHES. 



was meant by the lordships marchers annexed to the four 

 English shires, that ^device is merely nuper nata oratio, a 

 mere fiction and invention of wit, crossed by the whole 

 stream and current of practice; for if that were so, the 

 jurisdiction of the council should be over part of those 

 shires, and in part not ; and then in the suits commenced 

 against any of the inhabitants of the four shires, it ought 

 to have been laid or showed that they dwelt within the an 

 cient lordships marchers, whereof there is no shadow that 

 can be showed. 



Then he proceeded to the three particulars. And for the 

 statute of 32, for trial of treason, he said it was necessary 

 that the word inarches should be added to Wales, for which 

 he gave this reason, that the statute did not only extend to 

 the trial of treasons, which should be committed after the 

 statute, but did also look back to treasons committed before : 

 and, therefore, this statute being made but five years after 

 the statute of 27, that extinguished the lordships marchers, 

 and looking back, as was said, was fit to be penned with 

 words that might include the preterperfect tense as well 

 as the present tense ; for if it had rested only upon the 

 word Wales, then a treason committed before the lordships 

 marchers were made part of Wales might have escaped 

 the law. 



To this also another answer was given, which was, that 

 the word marches as used in that statute, could not be re 

 ferred to the four shires, because of the words following, 

 wherewith it is coupled, namely, in Wales, and the marches 

 of the same, where the king s writ runs not. 



To the two places of the statute of 34 itself, wherein the 

 word marches is used for lordships marchers ; if they be 

 diligently marked, it is merely sophistry to allege them ; for 

 both of them do speak by way of recital of the time past 

 before the statute of 27, as the words themselves being read 

 over will show without any other enforcement ; so that this 

 is still to use the almanack of the old year with the new. 



To the commissions of oyer and terminer, which seemeth 

 to be the best evidence they show for the continuance of 

 the name in that tropical or abused sense, it might move 

 somewhat, if this form of penning those commissions had 

 been begun since the statute of 27. But we show forth the 

 commission in 17 H. VIII. when the Princess Mary went 

 down, running in the same manner verbatim, and in that 

 time it was proper, and could not otherwise be. So that it 

 appeareth that it was but merely a facsimile, and that not- 



