308 THE JURISDICTION OF THE MARCHES. 



the legal use of it is gone, when the thing was extinct, for 

 nomen est rei nomen ; so it remains but abusive, as if one 

 should call Guletta Carthage, because it was once Carthage ; 

 and next, if the word should have both senses, and that 

 we admit an equivocation, yet we so overweigh them upon 

 the intent, as the balance is soon cast. 



Yet one thing I will note more, and that is, that there is 

 a certain confusion of tongues on the other side, and that 

 they cannot well tell themselves what they would have to 

 be meant by the word marches ; for one while they say it 

 is meant for the lordships marchers generally, another 

 while they say that it is meant for the inward marches on 

 Wales side only ; and now at last they are driven to a poor 

 shift, that there should be left some little lordship marcher 

 in the dark, as casus omissus, not annexed at all to any 

 county ; but if they would have the statute satisfied upon 

 that only, I say no more to them, but aquila non capit 

 muscas. 



Now I will briefly remember unto you the state of our 

 proofs of the word. 



First, according to the laws of speech we prove it by the 

 etymology or derivation, because march is the Saxon word 

 for limit, and marchio is comes limit aiieus; this is the opinion 

 of Camden and others. 



Next, we prove the use of the word in the like case to be 

 for counties, by the example of the marches of Scotland : 

 for as it is prettily said in Walker s case by Gawdy, if a 

 case have no cousin, it is a sign it is a bastard, and not legi 

 timate ; therefore we have showed you a cousin, or rather 

 a brother, here within our own island of the like use of the 

 word. And whereas a great matter was made that the now 

 middle shires were never called the marches of Scotland, 

 but the marches of England against Scotland, or upon 

 Scotland, it was first answered that that made no difference; 

 because sometimes the marches take their name of the in 

 ward country, and sometimes of the out country ; so that it 

 is but inclusiv and exclusive : as for example, that which 

 we call in vulgar speech this day fortnight, excluding the 

 day, that the law calls quiudena, including the day; and 

 so likewise, who will make a difference between the banks of 

 the sea, and the banks against the sea, or upon the sea ? 

 But now to remove all scruple, we show them Littleton 

 in his chapter Of Grand Serjeanty, where he saith, there 

 is a tenure by cornage in the marches of Scotland ; 

 and we show them likewise the statute of 25 E. III. 



