ARGUMENTS Proving, The jurisdiction used by the Precedent and Counsel in the Marches of Wales, over the Counties of Glouc. Worcester, Hereford, and Salop to be illegal, and injurious, and a mere encroachment, beyond their appointed limits.  
And the Proof is like a threefold cord, not easily broken Viz. 

By statutes.  
By Law books.  
By Records.    
Whereunto is added a Catalogue, of part of the manifold grievances, to which his Majesty's subjects are liable, who live within that Jurisdiction.   printer's or publisher's device 
LONDON, Printed for Thomas Wakley. 1641.   

The first part of the Proof, viz. By Statutes.  
FRom the preamble of the statute of 34. Hen. 8. (by colour whereof the said counties are involved) may be collected, the intent of the law, which as Sir Ed. Cook saith, is a key to open the understanding of it. The words are these, The King of his tender zeal and affection that he beareth towards his obedient subjects of his dominion and country of Wales, etc.  
Here is no provision made for English men, Also the clause of attendance showeth plainly the meaning of the statut, whereby only the sheriff's and officers of Wales are to give assistance, and attendance, and not those of the four counties: Therefore not intended to be subject to that jurisdiction.  
Likewise the statute saith, That the Precedent, and council, Attorney, and solicitor there, shall be Justices of peace in all the dominion of Wales. If the four counties had been intended, no doubt they had been accommodated with a commission of peace (as they are not, nor never were.)  
Are these words: In the Marches of Wales, or in any other place, where the K. writ doth not run, The enquiry is, 
3. Ed. 1. cap. 17.  where are the Marches of Wales; the statute answers, where the King's writ doth not run, but it is and ever was currant in those four counties. Ergo etc.  
No Welshman may purchase lands in the towns of Salop, 
2. Hen. 4. cap 32.  Hereford, Glou. etc. nor in any other merchant town, adjoining to the marches of Wales.  
Ergo not marches, for nothing can adjoin to itself. It is said, 
20. Hen. 6. cap. 3.  that the counties of Gloucester, Hereford, and Salop, be adjoining to the marches of Wales.  
And again, Bringing goods out of the said counties into Wales, and the marches of the same. Hence apparent, That those counties were not marches, for than they should go out of marches into marches, which were absurd.  
Divers dwelling in Wales, 
13. Hen. 6. cap. 5.  and the marches of Wales come into Hereford, where Hereford is distinguished, and excluded from being marches of Wales.  

27. Hen. 8. cap. 26.  Divers Lordships, Marches lying between the shires of England, and the shires of the Country, and Dominion of Wales; Is not here a plain description, where to find the marches, viz. within the dominion of Wales, and between the shires of England, and Wales?  
It appears there, 
32. Hen. 8. cap. 37.  that the inhabitants of the Lordships, marches did use at their first entry, to pay to the Lord of the manner, a sum of money for redemption. And 2. and 3. Ed. 6. cap. 13. There was a custom in Wales, to pay tithes of goods given in marriage, but neither the one nor the other ever came, nor were ever used in the four counties. Ergo etc. Cum multis aliis.  

Law Books.  
Rex Escaetori suo in Com. Salop. & March. salutem. 
Register. 315.23. B.  If Salop were included in the words Marches, it would not have been distinguished to cumber a court, which is called Breve for brevity sake.  
Another writ, 
Regist. 318 B. 21.6. Hen. 4.10 M. 19 H. ●  Rex Escaetori suo in Com. Glou. & March. eidem Com. adiacen.  
A Scire facias upon a fine of land in the march▪ directed to the Sheriff of Shropshire, who returned the land was in the March, and therefore he could not execute the writ.  
When the manner of Burgane in the Marches is in demand, the writ shall be directed to the Sheriff of Hereford. 
21. Ed. 4.3. Fitz H. Nat. B. 259   
An issue joined in the marches of Wales shall be tried in the county adjoining, Where the King's writ runneth.  
Rex Escaetori suo in Com. Salop & March. eidem adjacer. if adjoining, not March.   

Records.  
In the Parliament Roll, of 16. Ric. 2. Numer. 34. Is an express declaration of the house of commons, that those 4. shires are not within the Marches of Wales.  
The Parliament Roll of 27. Hen. 6. Membrana 10. showeth That those 4. counties have been adjoynant to the Mar. of Wales, but not within the said Marches, wherein is recited the like petition in the 20. year of the said King, exhibited by the said commons.  
The Parliament Roll of 33. Hen. 6. Mem. 3. showeth, that the said counties of Gloucester, Worcester, Hereford, and Bristol are not within the Marches of Wales.  
A commission of Oyer, and terminer, to jasper Duke of Bedford, running in these words, tam infra Com. Salop, 
Primo H. 7  Hereford, Glou. Wigorn. & March. Walliae iisdem Com. adjacen. quam infra Walli. etc.  
The like 8. Hen. 7.  
The like to Prince Arthur 17. Hen. 7. in iisdem Verbis.   

Objections.  
Object. 1 That the words Marches of Wales, were idle in the statute of 34. Hen. 8. of not draw in the 4. counties.  
Answer 1 By the words Wales and the Marches thereof may be meant Wales, and the limits thereof.  
Secondly, the words dominion, and principality had not included those counties, newly erected out of the Lordship's Marches without the addition of the words Marches.  
Objection. 2 The resiancy of the Precedent and council hath for the most part, been in the English counties, and improbable a court should sit where it hath no Jurisdiction.  
Answer. The consequence is weak, for by usage or special commission, Courts may sit out of the bounds of their Jurisdiction, (as the Queen's Court doth) the Duchy of Lancaster, Justice in Eyre etc. Besides they sat there for safety, before Wales was reduced to civil government, and since for conveniency of the Prince's house, and other like accommodations, and withal they had a commission of Oyer and terminer to enable them.  
Objection. 3 Their long usage and exercise of power over these four counties.  
Answer 1 A subsequent usage cannot enlarge the sense of a word in an act of Parliament, further than the use and custom was, at or before the act.  
Answer 2 The City of Bristol was within their Jurisdiction, until 7. Eliza. And the City, and county of Chester, until 11. of her reign, and those four counties until 17. Car.  
Answer 3 It hath been but Pulsus interruptus, an interrupted sickly power, and pursued even with hue and cry, by the 4. counties.  
Answer 4 All judicial records, Patents, commissions & instructions (even of their own) since that act have divided the Marches from the 4. counties, which run still in Wallia, & Com. Gloucestr. Hereford. etc. & March. Walliae iisdem Com. adjacen.  
Answer 5 The solemn resolution of all the Judges, 2. jac. reported by Sir Edward Cook, in the second part of his institutes, and produced before a committee in this present parliament.  
Answer 6 The frequent prohibitions granted to the inhabitants of these four counties, upon this only suggestion. Quia comitatus Anglicanus. And granted to the inhabitants of the very town of Ludlow, the chief place of their residence, and where their honour dwelleth.  
Answer 7 The vote and declaration of the house of commons, 18. jac. whereby they declared their jurisdiction over the said counties to be illegal.  
Answer 8 The general and constant complaint in all ages of the inhabitants of those counties, against the exercise of that Jurisdiction over them, & presented by several grand Juries both at assizes, and quarter Sessions, for a grievance, tending to the loss of their inheritance & birthright, and turning the certain rule of law into the uncertain rule of discretion.   

Here follow the Grievances.  
1 FIrst which might suffice for all the rest, the multiplicity of suits commenced in that Court, as appeareth upon search lately made by warrant for a Committee in this present Parliament, whereby there is found, that since the first day of January last, until the first day of May 1641, there have been sued out 7524 several Process, 1.2, 3, 4 and 5 def. in each of them, and most of them for small and trivial (I might say) triobular things.  
2 This makes the report good, that diver● beggarly tradesmen get more by that Court, then by selling their wares, for they put 4 and 5 def. in one process, which costs but 2 shillings 6 pence, which they make every def. pay severally, and if he stand out, the Court alloweth a Noble for each Process, and the serving of it, and this gives encouragement to plaintiffs, and such a Mill can never want griste.  
3 A man may sue for five shillings, and recover it, only for form sake the Attorney will direct him to demand above forty shillings, because the instructions run so.  
4 Many covetous and deceitful persons usually sue Process out of the said Court for small pretended debts, without cause, or colour, and the parties served, to avoid travel and expense (although they never owed the debt, or contructed with the plaintiff) pay what is demanded, rather than they will travel in person or send for a dedimus to answer the same (many of the inhabitants dwelling above 50 miles from the said Court, and the ways extreme deep in the winter season) and upon each dedimus potestatem, the def. (besides the charge of it and his own expenses) must pay the plaintiff a Noble costs, so of two evils he chooseth the least.  
5 There were in one morning three several causes heard in that Court about the kill of one poor Hare by a company of Ploughman.  
6 The penal statutes (though made interrorem) yet these put in execution to the height, some time against the intention of the law, as a Gentleman to be fined and imprisoned for shooting in his own ground, at his own poultry, to try his piece: and since such offences by act of Parliament have been limited to the proper County, yet there they have been punished as misdemeanours, wherein they take upon them to be wiser than the Parliament, because they usually vary from the penalty there imposed.  
7 If a master strike his servant (by way of correction) or a farmer a beggar for stealing his corn out of the cock, or sheaf in harvest time, they shall be there questioned, and oftentimes fined, and imprisoned.  
8 They try trespasses and other actions, which are local, and confined to the proper County, and aught to be done by a Jury of 12 men upon oath.  
9 Suits in Cities and Corporation Courts (not exceeding 5 pound) are usually removed thither, contrary to the statute of 21 Jac. upon pretence that the said Court is not named (which indeed is true) yet lively described, for the words are, Any Court that hath power or pretendeth to have power, to stay, or remove causes, etc. Now every one knoweth, that the Marches of Wales, have no power (within the 4 Counties) to stay, or remove causes: only they pretend to have power, and so is the very Court intended by the statute, (albeit they will take no notice of it.)  
10 Justices of peace, Majors, and Bailiffs of Cities, and Corporate towns, Constables, and other Officers, are often there convented, for executing of their offices against malefactors, and if they err never so little in formality of justice (although their intention was good and the present necessity of preserving the peace required speedy justice) are often there punished, and if they are dismissed (which is rara avis in terris) yet their journeys are chargeable, and they discouraged to execute their place, and office.  
11 Although the statute giveth authority to Justices of the peace to allow and suppress Alehouses (as they shall think sit) yet the said Court hath intermeddled with the same, and limited the number of Alehouses in divers towns, and Villages (even where Justices of peace do dwell.)  
12 If a suit be there commenced for trespass, battery, or the like, and depending the suit, the parties agree, yet for a fine, process issueth forth against the plaintiff for not prosecuting, which is not so in any other Court.  
13 If a sentence be there given for payment of money, or the like, if the def. perform not punctually, a new bill is preferred for breach of the order, and the def. fined to the King for the said breach (although it be in a civil plea.)  
14 If a Sheriff have a prisoner in execution for debt, yet by a process from the said Court in the nature of a Habeas Corpus, or deuces tecum. the Sheriff is commanded to bring the prisoner to the said Court, which if he disobey, they will fine him, and if he perform it, then at the next festival time, they will enlarge him, or take insufficient bail, in which case the Sheriff hath been enforced to pay the debt.  
15 If a Sheriff, or Bailiff execute any process from that Court, for the King, or subject, and the def. bringeth an action of false imprisonment, he cannot plead not guilty, and give the process in evidence, but must be enforced to plead the statute at large, together with their instructions, which never yet could be drawn by the best Clarks, and besides, it will cost above 10 pound.  
16 Double vexation and punishment hath usually been inflicted by the authority of the said Court. As those that have in the Bishop; Consistory been punished for incontinency, have afterwards been punished there for the same offence, and the former punishment not allowed for a plea. Besides punishment hath been there inflicted by whipping (too severe for a freeborn subject.)  
17 The inhabitants of those parts are subject to a double jurisdiction, and oftentimes served to appear both at London and Ludlow, in one, and the same day.  
18 Administrators, and Tutors of minors (who according to the Ecclesiastical law) have put in good security to the Bishop or his Chancellor, have been drawn thither, and enforced to put in other security, and make yearly account there, to their great travel and charge.  
19 Although their instructions extend but to 50 pound, yet they having power to hear all matters of equity, by reason or colour thereof, they, do Judge and determine matters of any sum, or value whatsoever, not only for goods, but for land.  
20 They usually alter and stall possessions and oftentimes upon oaths of prosecutors, whereby men lose their right and inheritance, at least with much charge and difficulty regain the same.  
21 Sequestrations are usually granted, both for lands and goods, for not performing of some decree collateral for debt, or other things, which is not so practised either at common law, or in Chancery. Besides they sequester copy hold lands, which is not liable to a judgement at law, or any other process whatsoever, being no estate in the eye of the law, but only ad voluntatem domini.  
22 Suits are brought there for titles, and other matters of weight, and many witnesses examined in perpetuam rei memoriam, and otherwise, yet all cast away, though under their seal exemplyfied, for being no Court of Record, they are rejected, and not permitted by the judges, to be read at affizes etc.  
23 Many suits are there commenced for causes not within their instructions, whereof they will take no notice, but suffer the plaintiff, and defendant, to spend much money to bring it to hearing, and then, some they will dismiss, some others they will hear, and sentence, because they are in no danger, only the party grieved may sue forth a prohibition out of the superior Courts at Westminster.  
24 The Sheriffs, to their great charge, and travail, execute many process, issuing out of that Court, yet others there are authorised to receive the Fees incident for the same, and do receive it accordingly.  
25 Hence it comes to pass that Proclamation, & some other process directed to the Sheriffs, never comes to their hands, but are returned there, and the Fees taken to the great prejudice of the def. who hath not that notice of the suit which the law intendeth him.  
26 They award binding process against many poor and needy persons, authorising commissioners of small respect to apprehend them, and if they cannot find sufficient security (as seldom they are able to do) to carry them to the next Goal, and so oftentimes they bring them into Corporations, where either they break Goal, being constrained thereunto by hunger (which will break stone Walls) and then that Gaoler must pay the debt: Or else, if they escape not, they are maintained at the charge of that place, and if a Gaoler refuse to take into his custody, any such beggarly fellow, they will fine him.  
27 If a Gentleman dwell above a 100 miles out of the jurisdiction of that Court, yet hath some land there lying, and happily may come to receive his rent, or see his land, etc. And then, if some troublesome tenant or other, do serve him with process out of that Court, that shall conclude him, and he enjoined to attend that Court, and to perform the decree, and sentence thereof.  
28 If a man be sued in that Court for entry with force, and takes away goods, the plaintiff shall recover damages, and the def. be fined to the King, and yet if the plaintiff will sue at law for the same thing (as sometimes they do) the def. cannot plead the former recovery in bar, but is enforced to make a second composition.  
29 Many lewd and dissolute fellows live by serving the process of that Court and making Affidavit thereof: and though they can neither write nor read, yet will swear the serving of 40 or fifty process at one time, wherein they cannot but oftentimes forswear themselves, and much prejudice the def.  
30 Informers upon penal statutes, adventure to sue there, having no proof at all, but relying upon the des: examination upon a multitude of Interr. whereby he shall accuse himself, against the liberty of the subject, and then (right or wrong) he must give bond with two sureties of 40 pound to abide the hearing: to avoid which trouble and charge the Informer obtains his ends, viz. a composition.  
31 The charge of the country is not small, when that Court removes from one place to another with all their incidents and accommodations, (as if the King were going a progress.)  
32 His Majesty, and divers of his officers are great loser's upon fineable writs above 40 pound which are swallowed up by this Court.  
33 The authority of this Court is augmented, or diminished as it shall please the King to give instructions, whereby apparent, that it is merely arbitrary: and once in the time of Queen Eliza.) The Court had power by their instructions (at least did practise power) to enjoin proceed at the common law, which although it is not now used against suits at Westminster, yet the inhabitants are still in danger to be subject to the like, by the alterations of the instructions.  
34 If the King and wisdom of this present Parliament would not intrust them, nor the like arbitrary Court, with criminal, why then with civil causes?  
35 The wages and maintenance of the Judges, and officers there, ariseth out of the mulcts, fines, and punishments of the subjects, which is a very great inconvenience, being well considered, for by reason thereof, fines are, or may be imposed, super quantitatem seu qualitatem delicti.  
36 And although the Lord President and Justices now there are honourable, worthy, and just men (as ever were) yet it is doubtful, whether succeeding times may not place such governor's, Justices, and Officers there; which may be more grievous to the people, and whether instructions being altered, or enlarged, the inhabitants may not be in greater subjection: and who would live in fear of alteration of Government.   
W. H. no. 2.  
FINIS.