312 THE JURISDICTION OF THE MARCHES. 



Reports, 4. that is, where the usage runs but amongst 

 clerks, and where it is in the eye and notice of the judge; 

 for there it shall be presumed, saith the book, that if the 

 law were otherwise than the usage hath gone, that either 

 the council or the parties would have excepted to it, or the 

 judges ex qfflcio would have discerned of it, and found it; 

 and we have ready for you a calendar of judges more than 

 sit at this table, that have exercised jurisdiction over the 

 shires in that county. 



As for exception, touching the want of certain instruc 

 tions, I could wish we had them ; but the want of them, in 

 my understanding, obscureth the case little. For let me 

 observe unto you, that we have three forms of instructions 

 concerning these shires extant; the first names them not 

 expressly, but by reference it doth, namely, that they shall 

 hear and determine, &c. within any of the places or coun 

 ties within any of their commissions ; and we have one of 

 the commissions, wherein they were named; so as upon 

 the matter they are named. And of this form are the 

 ancient instructions before the statute 17 H. VIII. when 

 the Princess Mary went down. 



The second form of instructions go farther, for they have 

 the towns, and exempted places within the counties named, 

 with tanquam as well within the city of Glocester, the 

 liberties of the duchy of Lancaster, &c. as within any of 

 the counties of any of their commissions; which clearly 

 admits the counties to be in before. And of this form are 

 the instructions 1 Mariae, and so long until 1 1 Eliz. 



And the third form, which hath been continued ever 

 since, hath the shires comprehended by name. Now it is 

 not to be thought, but the instructions which are wanting, 

 are according to one of these three forms which are extant. 

 Take even your choice, for any of them will serve to prove 

 that the practice there was ever authorized by the instruc 

 tions here. And so upon the whole matter, I pray report 

 to be made to his majesty, that the president and the 

 council hath jurisdiction, according to his instructions, 

 over the four shires, by the true construction of the statute 

 of 34 H. VIII. 



