310 THE JURISDICTION OF THE MARCHES. 



court cognizance and jurisdiction, as in the bills of com 

 plaint; or ex abundantly as in the record of Kilpeck. 



There resteth the third main part, whereby they endea 

 vour to weaken and extenuate the proofs which we offer 

 touching practice and possession, wherein they allege five 

 things. 



First, that Bristol was in until 7 Eliz. and then exempted. 



Secondly, that Cheshire was in until 11 Eliz. and then 

 went out. 



Thirdly, they allege certain words in the instructions to 

 Cholmley, vice-president, in 11 Eliz. at which time the 

 shires were first comprehended in the instructions by name, 

 and in these words, annexed by our commission: where 

 upon they would infer that they were not brought in the 

 statute, but only came in by instructions, and do imagine 

 that when Cheshire went out they came in. 



Fourthly, they say, that the intermeddling with those 

 four shires before the statute was but a usurpation and 

 toleration, rather than any lawful and settled jurisdiction; 

 and it was compared to that, which is done by the judges 

 in their circuits, who end many causes upon petitions. 



Fifthly, they allege Sir John Mullen s case, where it is 

 said, consuetudo non pr&judicat veritati. 



There was moved also, though it were not by the coun 

 cil, but from the judges themselves, as an extenuation, or 

 at least an obscuring of the proofs of the usage and prac 

 tice., in that we show forth no instructions from 17 H. VIII. 

 to 1 Mariae. 



To these six points I will give answer, and, as I con 

 ceive, with satisfaction. 



For Bristol, I say it teacheth them the right way, if 

 they can follow it; for Bristol was not exempt by any 

 opinion of law, but was left out of the instructions upon 

 supplication made to the queen. 



For Cheshire, we have answered it before, that the reason 

 was, because it was not probable that the statute meant to 

 make that shire subject to the jurisdiction of that council, 

 considering it was not subject to the high courts at West 

 minster, in regard it was a county palatine. And whereas 

 they said, that so was Flintshire too, it matcheth not, 

 because Flintshire is named in the statute for one of the 

 twelve shires of Wales. 



We showed you likewise effectual differences between 

 Cheshire and these other shires : for that Cheshire hath a 

 chancery in itself, and over Cheshire the princes claim 



