The works of Francis Bacon, lord chancellor of England.

THE JURISDICTION OF THE MARCHES 291
In answer to their first reason, they do very knight to the Parliament, as the shires of Wales
well, in my opinion, to consider Mr. Attorney's do. or that they may not sue at Westminster, in
business and mine, and therefore to find out for chancery, or at common law, or the like!. No
us evidence and proofs, which we have no time man affirms any such things; we take nothing
to search; for certainly nothing can make more from them, only we give them a court of sumfor us than these ordinances, which they produce; mary justice in certain causes at their own doors.
for the diversity of penning of that clause in the And this is nova doctrina to make such an opordinances, where the word marches is omitted, position between law and equity, and between
and that clause in the statute where the word formal justice and summary justice. For there
marches is added, is a clear and perfect direction is no law under heaven which is not supplied
what was meant by that word. The ordinances with equity; for sumnnzum jus, summa injuria, or,
were made by force and in pursuance of authority as some have it, summa lex, summa crux. And
given to the king by the statute of 27; to what therefore all nations have equity; but some have
did the statute extend. Only to Wales. And, law and equity mixed in the same court, which
therefore, the word marches in the ordinances is is the worse; and some have it distinguished in
left out; but the statute of 34 respected not only several courts, which is the better. Look into
Wales, but the commixed government, and, there- any counties palatine, which are small models of
fore, the word marches was put in. They might the great government of kingdoms, and you shall
have remembered that we built an argument upon never find any but had a chancery.
the difference of penning of that statute of 34 Lastly, it is strange that all other places do
itself in the several clauses of the same; for that require courts of summary justice, and esteem
in all other clauses, which concern only Wales, them to be privileges and graces; and in this
the word marches is ever omitted; and in that cause only they are thought to be servitudes and
clause alone that concerneth the jurisdiction of the loss of birthright. The universities have a court
president and council, it is inserted. And this of summary justice, and yet I never heard that
our argument is notably fortified by that they now scholars complain their birthright was taken from
show of the ordinances, wherein the very selfsame them. The stannaries have them, and you have
clause touching the president and council, because lately affirmed the jurisdiction; and yet you have
the king had no authority to meddle but with taken away no man's birthright. The court at
Wales, the word marches is omitted. So that it York, whosoever looks into it, was erected at the
is most plain that this word comes not in by petition of the people, and yet the people did not
chance or slip, but with judgment and purpose, mean-to cast away their birthright. The court
as an effectual word; for, as it was formerly said, of wards is mixed with discretion and equity;
oppositajuxta sepositamagis elucescunt; and, there- and yet I never heard that infants and innocents
fore, I may likewise urge another place in the sta- were deprived of their birthright. London, which
tute which is left out in the ordinance; for I find is the seat of the kingdom, hath a court of equity,
there is a clause that the town of Bewdley, which and holdeth it for a grace and favour: how then
is confessed to be no lordships' marcher, but to lie cometh this case to be singular? And therefore
within the county of Worcester; yet because it these be new phrases and conceits, proceeding
was an exempted jurisdiction, is by the statute of error or worse; and it makes me think that a
annexed unto the body of the said county. First, few do make their own desires the desires of the
this shows that the statute of 34 is not confined to country, and that this court is desired by the
Wales, and the lordships' marchers, but that it greater number, though not by the greater stointermeddles with Worcestershire. Next, do you machs.
find any such clause in the ordinance of 32 1 No. In answer to the third reason, if men be conWhy. Because they were appropriated to Wales. versant in the statutes of this kingdom, it Xwill
So that, in my opinion, nothing could enforce our appear to be no new thing to carry great matters
exposition better than the collating of the ordi- in general words without other particular expressnance of 32 with the statute of 34. ing. Consider but of the statute of 26 H. VIII.
In answer to the second reason, the course that which hath carried estates tails under the general
I see often taken in this cause makes me think of the words of estates of inheritance. Consider of the
phrase of the psalm, 1" starting aside like a broken statute of 16 R. II. of pramunire, and see what
bow:" so, when they find their reasons broken, great matters are thought to be carried under the
they start aside to things not in question. For word alibi. And, therefore, it is an ignorant asnow they speak, as if he went about to make the sertion to say that the statute would have named
four shires Wales, or to take from them the bene- the shires, if it had meant them.
fit of the laws of England, or their being account- Secondly, the statute had more reason to pass
ed amongst the ancient counties of England: it over in general words, because it did not ordain
doth any man say that those shires are not within a new matter, but referreth to usage; and though
the circuits of England, but subject to the justices the statute speaks generally, yet usage speaks
of Wales. or that they should send but one I plainly and particularly, which is the stromgest