THE JURISDICTION OF THE MARCHES. 307 



of shot : for it clatters, but it doth not strike : for of all 

 the catalogue of. statutes I find scarcely one, save those 

 that were answered in my former argument; but we may 

 with as good reason affirm in every of them the word 

 marches to be meant of the counties marches, as they can 

 of the lordships marchers : for to begin upwards : 



The statute 39 Eliz. for the repair of Wilton Bridge, no 

 doubt doth mean the word marches for the counties ; for 

 the bridge itself is in Herefordshire, and the statute im- 

 poseth the charge of reparation upon Herefordshire by 

 compulsory means, and permitteth benevolence to be taken 

 in Wales, and the marches ; who doubts, but this meant of 

 the other three shires, which have far greater use of the 

 bridge than the remote counties of Wales ? 



For the statute 5 Eliz. concerning perjury, it hath a 

 proviso, that it shall not be prejudicial to the council of 

 the marches for punishing of perjury; who can doubt 

 but that here marches is meant of the shires, considering 

 the perjuries committed in them have been punished in 

 that court as well as in Wales ? 



For 2 E. VI. and the clause therein for restraining 

 tithes of marriage portions in Wales and the marches, why 

 should it not be meant of counties ? For if any such cus 

 toms had crept and encroached into the body of the shires 

 out of the lordships marchers, no doubt the statute meant 

 to restrain them as well there as in the other places. 



And so for the statute of 32 H. VIII. which ordains that 

 the benefit of that statute for distress to be had by execu 

 tors, should not extend to any lordship in Wales, or the 

 marches of the same where mises are paid, because that im 

 ports a general release ; what absurdity is there, if there 

 the marches be meant for the whole shires ? for if any such 

 custom had spread so far, the reason of the statute is alike. 



As for the statutes of 37 H. VIII. and 4 E. IV. for the 

 making and appointing of the custos rotulorum, there the 

 word marches must needs be taken for limits, according to 

 the etymology and derivation ; for the words refer not to 

 Wales, but are thus, within England and Wales, and other 

 the king s dominions, marches, and territories, that is, limits 

 and territories ; so as I see no reason but I may truly main 

 tain my former assertion, that after the lordships marchers 

 were extinct by the statute of 27, the name also of marches 

 was discontinued, and rarely if ever used in that sense. 



But if it should be granted that it was now and then used 

 in that sense, it helps them little ; for first it is clear that 



