304 THE JURISDICTION OF THE MARCHES. 



between law and equity, and between formal justice and 

 summary justice. For there is no law under heaven which 

 is not supplied with equity; for summumjus, summa itijuria, 

 or, as some have it, summa lex, summa crux. And there 

 fore all nations have equity ; but some have law and equity 

 mixed in the same court, which is the worse ; and some 

 have it distinguished in several courts, which is the better. 

 Look into any counties palatine, which are small models of 

 the great government of kingdoms, and you shall never 

 find any but had a chancery. 



Lastly, it is strange that all other places do require courts 

 of summary justice, and esteem them to be privileges and 

 graces ; and in this cause only they are thought to be ser 

 vitudes and loss of birthright. The universities have a 

 court of summary justice, and yet I never heard that scho 

 lars complain their birthright was taken from them. The 

 stannaries have them, and you have lately affirmed the 

 jurisdiction ; and yet you have taken away no man s birth 

 right. The court at York, whosoever looks into it, was 

 erected at the petition of the people, and yet the people 

 did not mean to cast away their birthright. The court of 

 wards is mixed with discretion and equity ; and yet I never 

 heard that infants and innocents were deprived of their 

 birthright. London, which is the seat of the kingdom, 

 hath a court of equity, and holdeth it for a grace and 

 favour; how then cometh this case to be singular? And 

 therefore these be new phrases and conceits, proceeding of 

 error or worse ; and it makes me think that a few do make 

 their own desires the desires of the country, and that this 

 court is desired by the greater number, though not by the 

 greater stomachs. 



In answer to the third reason, if men be conversant in 

 the statutes of this kingdom, it will appear to be no new 

 thing to carry great matters in general words without other 

 particular expressing. Consider but of the statute of 26 

 H. VIII. which hath carried estates tails under the general 

 words of estates of inheritance. Consider of the statute of 

 16 R. II. of pramunire, and see what great matters are 

 thought to be carried under the word alibi. And, there 

 fore, it is an ignorant assertion to say that the statute would 

 have named the shires, if it had meant them. 



Secondly, the statute had more reason to pass it over in 

 general words, because it did not ordain a new matter, but 

 referreth to usage; and though the statute speaks gene 

 rally, yet usage speaks plainly and particularly, which is 



