The works of Francis Bacon, lord chancellor of England.

286 JURISDICTION OF THE MARCHES.
jects, they might the better govern and suppress number of years since; so that it is Jancts bifrons,'hose that were doubtful subjects. it hath a face backward from the statute, as well
And if it be said, that it is true, that the four as forwards.
shires were comprehended in the commission of For the second, it hath received these allowoyer and terminer, for the suppression of riots and ances by the practice of that court, by suits orimisdemeanors, but not for the jurisdiction of a ginally commenced there, by remanding from the
Court of Equity; to that I answer, that their corn- courts of Westminster, when causes within those
mission of oyer and terminer was but gladius ir shires have been commenced here above; somevagina, for it was not put in practice amongst times in chancery, sometimes in the Star Chainthem; for even in punishment of riots and misde- ber, by the admittance of divers great learned
meanors, they proceed not by their commission men and great judges, that have been of that
of oyer and terminer, by way of jury, but as a council, and exercised that jurisdiction; as at one
council, by way of examination. And again it time Bromley, Morgan, and Brooks, being the
was necessary to strengthen that court for their two chief justices, and chief baron, and divers
better countenance with both jurisdictions, as well others; by the king's learned council, which alcivil as criminal, for gladius gladium juvat. ways were called to the penning of the king's
The second branch of the king's intention was instructions; and, lastly, by the king's instructo make a better equality of commerce and inter- tions themselves, which, though they be not alcourse in contracts and dealings between the sub- ways extant, yet it is manifest that since 17 H.
jects of Wales and the subjects of England; and VIII., when Princess Mary went down, that the
this of necessity must comprehend the four shires; four shires were ever comprehended in the infor, otherwise, if the subject of England had been structions, either by name, or by that that amounts
wronged by the Welsh on the side of Wales, he to so much. So as it appears that this usage or
might take his remedy nearer hand. But if the practice hath not been an obscure custom, pracsubject of Wales, for whose weal and benefit the tised' by the multitude, which is many times erstatute was chiefly made, had been wronged by roneous, but authorized by the judgment and conthe English in any of the shires, he might have sent of the state: for as it is vetra vox to say,
sought his remedy at Westminster. maximus erroris populous magister; so it is dura cx
The third branch of the king's intent was to to say, maximus erroris princeps magister.
make a convenient dignity and state of the man- For the third, it was never brought in question
sion and resiance of his eldest son, when he should till 16 Eliz. in the case of one Wynde.
be created Prince of Wales, which likewise must. And, for the fourth, the controversy being moved
plainly include the four shires; for otherwise to in that case, it was referred to Gerrard, attorney,
have sent primogenitum regis to a government, and Bromley, solicitor, who was afterwards chanwhich, without the mixture of the four shires, as cellor of England, and had his whole state of livthings then were, had more pearl than honour or ing in Shropshire and Worcester, and by them
command; or to have granted him only a power reported to the lords of the council in the Star
of lieutenancy in those shires, where he was to Chamber, and upon their report decreed, and the
keep his state, not adorned with some authority jurisdiction affirmed.
civil, had not been convenient. Lastly, I will conclude with two manifest
So that here I conclude the second part of that badges and tokens, though but external yet vioI am to say touching the intention of the Parlia- lent in demonstration, that these four shires were
ment precedent. understood by the word marches; the one the
Now, touchingthe construction subsequent, the denomination of that council, which was ever in
rule is good, optimzzs leggum interpres consteetutdo; common appellation termed and styled the council
for our labour is not to maintain a usage against a of the marches, or in the marches, rather than the
statute, but by a usage to expound a statute; for council of Wales, or in Wales, and d-noneinafio
no man will say but the word marches will bear est a digniore. If it had been intended of lordthe sense that we give it. ships' marches, it had been as if one should have
This usage or custom is fortified by four nota- called my lord mayor my lord mayor of the
ble circumstances; first, that it is ancient, and not suburbs. But it was plainly intended of the
late or recent; secondly, it is authorized, and not four English shires, which indeed were the more
popular or vulgar; thirdly, that it hath been ad- worthy.
initted and quiet, and not litigious or interrupted; And the other is of the perpetual resiance and
and, fourthly, when it was brought in question, mansion of the council, which was evermore in
which was but once, it hath been affirmed, judi- the shires; and to imagine that a court should not
cio controverso. have jurisdiction where it sitteth, is a thing utterly
For the first, there is record of a president and improbable, for they should be tanqtealm piscis in
council, that hath exercised and practised juris- arido.
diction in these shires, as well sixty years before So as, upon the whole matter, I conclude that
the statute, namely, since 18 E. IV. as the like the word marches in that place, by the natural