The works of Francis Bacon, lord chancellor of England.

THE
JURISDICTION OF THE MARCHES.
7he ffect of thefirst argument of the king's solicitor- tute all the lordships' marchers aie made shire.
general, in maintaining the jurisdiction of the ground, being either annexed to the ancient councouncil of the marches over thefour shires. ties of Wales, or to the ancientcounties of England,
THE question for the present is only upon the or erected into new counties, and made parcel of
statute of 32 H. VIII., and though it be a great the dominion of Wales, and so no more marches
question, yet it is contracted into small room; for after the statute of 27: so as there were no marches
it is but a true construction of a monosyllable, the in that sense at the time of the making of the
word march. statute of 34.
The exposition of all words resteth upon three The second argument is from the comparing of
proofs, the propriety of the word, and the matter the place of the statute, whereupon our doubt
precedent, and subsequent. riseth; namely, that there shall be and remain a
Matter precedent concerning the intent of those lord president and council in the dominion of
that speak the words, and matter subsequent Wales and the marches of the same, &c. with
touching the conceit and understanding of those another place of the same statute, where the word
that construe and receive them. marches is left out; for the rule is, opposite jLuxta
First, therefore, as to vis termii, the force and se posita magis eliucescunt. There is a clause in
propriety of the word; this word. marches signi- the statute which gives power and authority to
fieth no more but limits, or confines, or borders, in the king to make and alter laws for the weal of
Latin limites, or confinia, or contermiina; and thereof his subjects of his dominion of Wales; there the
was derived at the first marchio, a marquis, which word marches is omitted, because it was not
was comes limitaneus. thought reasonable to invest the king with a
Now these limits cannot be linea imaginaria, power to alter the laws, which is the subjects'
but it must have some contents and dimension, birthright, in any part of the realm of England;
and that can be no other but the counties adjacent; and, therefore, by the omission of the word marches
and for this construction we need not wander out in that place, you may manifestly collect the sigof our own state, for we see the counties of North- nification of the word in the other, that is to be
umberland, Cumberland, and Westmoreland, late- meant of the four counties of England.
ly the borders upon Scotland. Now the middle The third argument which we will use is this:
shires were commonly called the east, west, and the council of the marches was not erected by the
middle marches. act of Parliament, but confirmed; for there was a
To proceed, therefore, to the intention of those president and council long before in E. IV. his
that made the statute, in the use of this word; I time, by matter yet appearing; and it is evident
shall prove that the Parliament took it in this upon the statute itself, that in the very clause
sense by three several arguments. which we now handle it referreth twice to the
The first is, that otherwise the word should be usage, as heretofore hath been used.
idle; and it is a rule, verba sunt accipienda, cet This, then, I infer, that whatsoever was the
sortientisr effectum: for this word marches, as is king's intention in the first erection of this court,
confessed on the other side, must be either for the was, likewise, the intention of the Parliament in
counties' marches, which is our sense, or the lord- the establishing thereof, because the Parliament
ships' marchers, which is theirs; that is, such builded upon an old foundation.
uordships, as by reason of the incursions and in- The king's intention appeareth to have had
testation of the Welsh, in ancient time, were not three branches, whereof every of them doth maniunder the constant possession of either dominion, festly comprehend the four shires.
but like the bateable ground where the war played. The first was the better to bridle the subject of
Now if this latter sense be destroyed, then all Wales, which at that time was not reclaimedl
equivocation ceasetlh. and therefore it was necessary for the president
That it is destroyed appears manifestly, by the and council there to have jurisdiction and comstatute of 27 H. VIII., made seven years before mand over the English shires; beeause that ny
the statute of which we dispute; for by that sta- the aid of them, which were undoubted goodssub23)