THE JURISDICTION OF THE MARCHES. 309 



Of Labourers, where they are also called the marches of 

 Scotland, 



Then we show some number of bills exhibited to the 

 council there before the statute, where the plaintiffs have 

 the addition of place confessed within the bodies of the 

 shires, and no lordships marchers, and yet are laid to be in 

 the marches. 



Then we show divers accounts of auditors in the duchy 

 from H. IV. downwards, where the indorsement is in 

 marchiis WallitE, and the contents are possessions only of 

 Hereford and Gloucestershire (for in Shropshire and Worces 

 tershire the duchy hath no lands) ; and whereas they would 

 put it off with a cuique in sua arte credendum, they would 

 believe them, if it were in matter of accounts ; we do not 

 allege them as auditors, but as those that speak English 

 to prove the common use of the word, loquendum ut vulgus. 



We show likewise an ancient record of a patent to Her 

 bert in 15 E. IV. where Kilpeck is laid to be in com. Here 

 ford in marchiis WaUia ; and, lastly, we show again the 

 statute of 27 E. III. where provision is made, that men 

 shall labour in the summer where they dwell in the winter ; 

 and there is an exception of the people of the counties of 

 Stafford and Lancashire, &c. and of the marches of Wales 

 and Scotland ; where it is most plain, that the marches of 

 Wales are meant for counties, because they are coupled 

 both with Stafford and Lancashire, which are counties, and 

 with the marches of Scotland, which are likewise counties; 

 and as it is informed, the labourers of those four shires do 

 come forth of their shires, and are known by the name of 

 Cokers to this day. 



To this we add two things, which are worthy considera 

 tion; the one, that there is no reason to put us to the 

 proof of the use of this word marches sixty years ago, con 

 sidering that usage speaks for us; the other, that there 

 ought not to be required of us to show so frequent a use 

 of the word marches of ancient time in our sense, as they 

 showed in theirs, because there was not the like occasion : 

 for when a lordship marcher was mentioned it was of ne 

 cessity to lay it in the marches, because they were out of 

 all counties ; but when land is mentioned in any of these 

 counties, it is superfluous to add, in the marches; so as 

 there was no occasion to use the word marches, but either 

 for a more brief and compendious speech to avoid the 

 naming of the four shires, as it is in the statute of 25 

 E. III. and in the indorsement of accounts; or to give a 



