VoL II.] Speech of Sir Robert Cecil, relative to the Marches, 1381. 969 
once more to confider wth your felves af- 
ter fome fitting courfe, only I thought 
good thus much to give you tafte of my 
intencion that you may know I meane to 
raayatayne my prerogative. : 
The Arch Bifhop of Canterbury faid, 
your Majeftie hath truly declared the 
ground worke of all free monarchies & 
lawes of kingdomes, and that weh you 
have fayed is agreeable to the word of 
God, your giveing jurifdicion to others 
is (as you may tearme it) not deroga- 
tive to your felfe, but wth refervacion 
of fupreame jurifdicion to you. And 
whereas al jurifdicion coniifteth in que/- 
tione facti, or in queffione juris, if this 
anfwere be allowed, where fhall the fu- 
preame jurifdicion be, if itbe queftzo fadit 
at is taken from you & given to the Jury, 
if it be guefiio juris, then it belongeth 
only to the judges. 
With this the Kinge, Councell, & all 
arofe and departed. 

SrirRosert Cecitey bis Speech concerning 
the Furifdicion of the Counce in the 
fower Shires or Marches of Wales. 
3tio Regine Eliz. 1581. : 
ALTHOUGH J am not of their mynde 
whoconceave noe change ought tobe made 
of auncient lawes or longe ufed courfes 
in government, becaufe the comon peo- 
ple even naturally affecting change are 
notwithfanding with change of old cuf- 
tomes ever difcontented, yet doe I thinke 
that the proceedings of our aunceftors are 
reverently to be efteemed & their wif- 
domes not to be preiudiced by our innova- 
tions unlefs neceffitie doth inforce cr pub- 
lique commoditie occafion us thereunto. 
What moved the Kings of this realme 
to ere€&t_ a counfell' in the principality & 
marches of Wales, and to committ to their 
government the Marcher Shires of Glou- 
cefter, Worcefter, Hereford, Salop and 
“Monmoth, I doe remembar the wilde & 
unrulie behavior of the people in thofe 
parts is recorded in ftatuts made again‘t 
them and their now civilitie and cbedi- 
ence is well knowne to her Majefty, and 
gratioufly conceaved: off. 
Therefore if at firft it was neceffarilie 
provided & -fince hath been politiquely 
maynteyned for the good enfueing there- 
by that the inhabitants cf thofe marcher 
fhires fhould have many of their caufes 
deiermined by the councell there, I thinke 
jt very convenient to be confidered by her 
Majeftie how farr the contynuance is be- 
hoofe full. 
I will only be bould to fay this muc 
that when by many rayfed bankes, & de- 
fenceis. a maritive country is kept fate 
from the. feas overflowing, becaufe it as, 
now fate & foe by reafon of the banks & 
detences hath fo longe remayned it were 
noe difcretion to take away the causes of 
fafetie leaft the feas fynding the fiays re- 
moved the country then againe fynd the | 
danger of inundacions, — 
It cannot blemifh any people to be go-. 
verned, becaufe noe people live orderly 
without goverment & where any govern- 
ment is proved good by the fruits that 
have enfued it is dangerous upon an op- 
pinion of better fuccefle to exchange it. 
Therefore where fome have erneftly 
moved her Majeftie to exempt from that 
councell the Counties ef Glouceftery 
Worcefter, Hereford, Salop, & Monmotl 
alleadgeing that thofe fhives thall thereby 
receave benefitt and her Majeftie cafead 
of that charge which through the main- 
tenance of that Councell her Highnefs 
now fufteyneth. ; 
I conceave it very needfull carefully 
‘to regarde the many inconveniencies 
which will follow by yelding thereunte 
for I am periwaded that neyther fhall her 
Majeftie of her prefent charge be thereby 
any whit eafed, nor the inhabitants of 
thofe Shires any way benefitted. And for 
proofe thereof lett it firft be confidered 
how her Majeities expences, can be lef- 
fened by this courfe. 
The charge her Majeftie is putt vnte 
by the Councell in the marches is by ai- 
loweing out of her coffers 10001. for the 
dyett of that Councell & wages for the 
officers of the houfeholde 661. 13s.'4d. for 
extraordinary expences & 200]. by the 
yeare for the pencion of her Chiefe Jut- 
tice of Chefter. 
The allowance of her Councell learned, 
the fees of her Secretorie, Attorney, So- 
hicitor, Chaplaine, purfevants, rydemg. 
charges, and all other expences are payed 
out of the fynes which be affefled thete up- 
on perfons offending her Majefties laws. 
If by takeing the marcher thires from, 
the Councell any parte of this her Maje 
ties charge would be leffened, it muik 
be eyther by dymunitheing the number 
of perfons who ferve or of the allowance 
which they receave, _ eae 
Touching the Councellors officers & 
fervants of that Court Iwill fay only this 
that although thefe marcher fhires be ex- 
empt & the 12 fhires of Wales left oniy 
to this goverment yet her Majeftie can- 
not be ferved with fewer perfons then 
now fhe is & foe fhall not her highnes’s 
harges be eafed bythe number, ie 
‘Tbe. 
