case the king against athos father and son refer to Drummond v Drummond l r Ch  a indictment for murder find at the grand session in Wales may be remove by  certiorari into the next English county to that in which the fact be commit  and therefore a murder commit in pembrokeshire may be try in the county of  Hereford for by the statute Henry c the Henry c and Henry c the justice of  assize in the next English county have a concurrent jurisdiction throughout  all Wales with the grand session S c stram this cause begin in Hilary term in  the nine year of George the first the first motion be in hill Geo the reason  give be in order that they may receive their trial in the county of Salop the  next English county accord to the statute of Henry e S lev Mod Rep the county  of Pembroke be former one of the ancient Welsh county cur by virtue of that  statute we may grant such certiorari and we be also warrant by former  precedent on Mr harcourt search as king v David Davies car a the  attorneygeneral move in easter term last for a habeas corpora direct to the  gaoler of the common gaol in the county of there be no rule in come Pembroke  in easter term but only in come Hereford b Pembroke to remove the body of  Thomas modern report Atho the father and Thomas Atho the son from the gaol in  Pembroke to the keeper of the gaol in the county of Hereford that be the next  English county to Pembroke and likewise for a certiorari to be direct to the  proper officer to remove the indictment find against they in Wales see lev Mod  Rep c and to the coroner of pembrokeshire to remove the inquisition take by he  upon the view of the body of George Martin who be murder by the father and son  in a barbarous manner and for which a indictment be find against they in Wales  on motion to set aside the former rule it be say that Mr attorney find his  motion upon the statute Henry c S by which it be enact that justice of peace  and of gaoldelivery in the country next adjoin to Wales where the king writ  run may hear and determine all felony and their accessary commit in Wales or  the marcher thereof but this clause extend only to lordship marcher and not to  any of the ancient county in Wales beside the aforesaid statute be alter about  eight year after it be make for by the statute Henry c by which wale be divide  into twelve county and judge appoint to keep their session in the say county  it be enact that those judge may hold plead of the crown in as large a manner  as the judge in westminsterhall and that they shall inquire hear and determine  all criminal offence whatsoever commit within their several limit and  administer common justice to all the king subject there accord to the law of  England so that by this subsequent statute the defendant shall not be put to  their trial elsewhere but only where the fact be suppose to be commit which in  this case be in pembrokeshire if it shall be otherwise then all criminal case  which the judge in Wales have power to bear and determine by the statute  lastmentioned will be remove to England where he who be poor either the  prosecutor or the criminal must suffer for want of money to bring and support  his witness in a English county it may be for this reason that a criminal  indict in Wales ought to be try there the court take time to consider these  statute and declare that if it be in their power they will grant the motion  make by Mr attorney because it be very difficult to have justice do in Wales  by a jury of welshmen for they be all relate to one another and therefore will  rather modern report acquit a criminal than have the scandal that one of their  name or relation shall be hang and that to try a man in Wales for murder be  like try a man in Scotland for high treason those be crime not much regard in  those respective place the court at another day declare that it will be better  only to grant the modern report er p habeas corpora without the certiorari for  if both shall be grant it will delay the prosecution because if the indictment  and inquisition shall be remove they come both into court the next term and  not before and they must both be send down by mittimus to the next assize in  Hereford which will not be until march follow so that the defendant can not be  try before that assize but the court say that if the attorneygeneral will  enter a nolle attendance as to the indictment already find in pembrokeshire  then the defendant may be indict again for the same fact in Herefordshire and  try at the summer assize which will be the best and the most speedy method  thereupon a nolle attendance be enter and a Qure whether this hab corp remove  they immediate from Pembroke gaol to Hereford gaol or whether they be first  bring up hither a habeas corpora grant and the defendant be indict and try in  the county of Hereford and both find guilty of murder but because their  counsel insist that this be a mistrial the judge who try the defendant will  not give sentence to execute they the attorneygeneral thereupon move in the  beginning of easter term in the nine year of George the first for a habeas  corpora to bring up their body to the court that they may receive sentence of  death and for a certiorari to remove the record so that the court may have all  before they to give judgement all which be grant and accord about a fortnight  afterward both the father and the son be bring to the bar their counsel object  that their trial in a English county and by a jury of englishmen be a mistrial  for if it be good it must be by virtue of the statute Henry c as aforesaid but  it can not be good by that statute because it extend only to those county  which be lordship marcher and not to any of the ancient county in Wales of  which pembrokeshire be one and there be seven more videlicet Glamorgan  carmarthen Cardigan flint Caernarvon anglesea and merion it be true by that  statute it be enact that the justice of gaoldelivery in the county next adjoin  to Wales where the king writ run shall hear and determine felony and their  accessary commit in Wales or the marcher thereof and that a acquittal of  felony in any modern report lordship marcher shall not be a bar for any person  indict for the same within two year next after such offence commit so that it  seem plain that this statute relate only to the lordship marcher who claim  several privilege as to acquit criminal upon payment of fine c which be never  claim in any of the old county the attorneygeneral on the other side insist  that all Wales be comprehend by that statute Henry c and it be so explain to  be by the subsequent statute Henry c by which Wales be divide into twelve  county whereof eight be declare to be the ancient county as beforementioned  and four other be make by the statute Henry c videlicet Radnor Brecknock  Montgomery and Denbigh but at the desire of the prisoner they have counsel  assign to argue that point afterward one of the say counsel move for a copy of  the writ of habeas corpora by which the prisoner be remove from Pembroke to  Hereford and likewise for a copy of the certiorari by which the record be  remove if any such there be and if not then for a copy of the order by which  they be bring to Hereford be it what it will so that they may have the whole  proceed before they but this motion be not grant but the prisoner have a copy  of their record the case be appoint to be argue this term Kettleby counsel for  the prisoner insist that their trial in Hereford for murder commit in  pembrokeshire be against a fundamental principle of the commonlaw which  appoint that all trial shall be per pares and that by neighbour upon a  presumption that neighborhood acta neighborhood understand so that this must  be a mistrial at commonlaw this be a cause of very great consequence to the  principality of Wales because if a fact commit there may be try in a English  county then the rich man modern report er p will always bring his cause to be  try there and as it have be already observe the poor man must suffer for want  of money to carry all his evidence thither either for his defence or to  prosecute another and no person be so well able to judge of the truth of what  be swear as the neighbour of a witness to who he be know so that by this mean  a powerful and a rich man may procure such evidence as to have credit where  they be not know when the same person may have no manner of credit by they who  be their neighbour modern report it must be admit that such a trial can not be  at commonlaw neither be it allow by that statute Henry c as they will  insinuate on the other side and this may appear upon the reason of make that  statute which be as follow in former age when the Briton be drive out of  England and retire among the mountain in Wales they will frequent make inroad  in a hostile manner into England their native country to prevent which the  king of England give large tract of land to some of their most powerful  subject on the border and these be call lordship marcher and such land which  the king keep on those frontier or which revert to the crown by forfeiture or  otherwise be call the king lordship marcher but afterward these lord marcher  pretend to some extravagant privilege without any manner of right therefore  this statute be make to curb they and it be calculate for that very purpose  this plain appear by another statute make the very next year the Henry c by  which Wales be incorporate unite and annex to England and that all person bear  in Wales shall enjoy the same liberty as the English and that the law and  statute of this realm and none other shall be have use and execute in Wales  and diverse lordship marcher be by this last statute unite to English county  and other to Welsh county and the residue be divide into new and particular  county by themselves and those be Brecknock Radnor Montgomery and Denbigh so  that the eight old Welsh county be not within that Act but only those four  county which be cut out of the lordship marcher it be true there have be  several attempt make to bring trial from those old county to the next English  county but such attempt never yet prevail yet so far they have go as to obtain  certiorar to remove indictment take in this very county of Pembroke because  those be declaration for the king which he may remove where be please beside  the court of king bench have be former of opinion that they have power to  remove indictment out of those county to see whether they be good and that  they may quash they if they be not but that if they be good then to remand  they back by mittimus into the proper county by virtue of those very statute  but modern report the judge be not resolve that indictment thus remove can be  try in the next English county yet after several argument at bar in the  thirtyfirst year of queen Elizabeth whether a certiorari will lie to remove a  indictment out of Caernarvon or not the court will not determine it and  therefore that indictment be try in the proper county and wherever a  indictment be remove there be a qure how the court must proceed upon it in  Chedles ease roll Abr cro car a which happen in the nine year of Charles the  first which be a indictment for murder find in anglesea and a certiorari grant  to remove it the court declare that they be not yet resolve that it can be try  in a English county see king v Thomas lev b and Vaughan chief justice who be a  native of Wales and may for that reason be presume to have study the law  relate to that country be of opinion that this statute Henry c relate only to  the four county take out of lordship marcher Vaugh c the word of that statute  upon which this question arise be that the offence shall be try in the next  English county adjoin to the lordship marcher or other part of Wales where it  be commit now it be to be consider that Wales be original a kingdom of itself  afterward a principality and subject to England by king Edward the first in  the year and afterward by the statute of Rutland it be provide in what manner  civil and criminal cause shall be try there and there be a clause in the  statute Henry c by which Wales be incorporate to England that the say statute  shall not extend to derogate from any other Act before that time make for the  trial of murder or felony commit in any lordship modern report er p marcher or  in any county of England next adjacent thereunto which be a evident proof that  the statute Henry c do not include all Wales as to the clause that such  offence shall be try in the next English county adjoin to the lordship marcher  or other part of Wales where they be commit there the word such be a relative  and it be in the enact part of the statute and therefore must refer to some  antecedent which must be to some crime mention in the preamble and the word  other part of Wales where the offence be commit must be intend other part  which be neither within the lordship marcher or within the old county modern  report it be the opinion of Lord coke   light hob a that all statute ought to  be interpret so as the innocent may not suffer and that to construe a Act by  itself be the best sort of construction because it be ex soft fleshy body  parts cause but if this Act shall be construe as the prosecutor will have it  then it will take away all jurisdiction from Wales and make the statute itself  of no effect for it will be absurd and inconsistent to exclude all Wales from  a jurisdiction of try offence by remove the indictment into English county  when this very statute express give a jurisdiction to part for it provide that  all felony and their accessary commit in the county of merion shall be inquire  hear and determine in the county of Caernarvon or anglesea before the justice  of north Wales or his deputy and by a inquest of Caernarvon or anglesea beside  by the aforesaid statute Henry c of incorporate Wales with England it be enact  that all person bear there shall enjoy all liberty as other subject of England  do enjoy and it be certain a very valuable liberty and privilege for a man to  be try by his equal and neighbour which privilege have be enjoy by the Welsh  ever since the make that statute which be now above a hundred year and during  all that time there be no instance to be give of remove any trial from either  of the old Welsh county to be try in a adjoin English county and it will be  very hard to make a precedent for that purpose after such a length of time  second it be object against the record videlicet to the indictment on which  the prisoner be try that the caption thereof be that the grand jury name they  be being under oath et load ad to seek after pro corpore comitatus Herefordi  which must be of something arise within that county but here the fact do not  arise in that county but in Wales the court this be the constant form in  indictment for foreign treason or felony and there be no difference though in  the last case the offence in the indictment be lie to be commit in that county  where the enquiry be for the statute of Henry c S have declare that these  offence shall be inquire of in the same manner and form as if the same have be  commit within the say shire it be argue on the other side that though it be  the fundamental rule of the commonlaw that trial shall he have per pares et de  vicineto yet that rule will be of no weight when the manner of trial be alter  by Act of parliament as it be in this case and that upon due consideration and  for the advancement of justice now as to the statute upon which the present  question arise it be as full as word can express it that modern report the  trial of a fact commit in Wales may be in the next English county for by the  plain and positive word of the Act all Wales be include it be true the  lordship marcher be often repeat in the statute Henry c and from thence it be  infer that it be make to redress such abuse which be commit there but it be  plain that this be a remedial law and make to redress all abuse as well in  every county in Wales as within the lordship marcher and there be clause in it  which meet with every abuse as well within the one as the other it be true the  lord marcher do pretend to have several privilege and immunity which be never  claim by the rest of the people in Wales tend therefore this statute which be  make for the remedy thereof be pen with particular clause to meet with those  mischief as where they pretend to a privilege that none of the king minister  shall enter into their territory and a privilege to pardon murder and to  acquit person who have commit capital offence upon pay fine see the case of  king v Thomas side lev a and that such acquittal shall be a bar to any  subsequent trial for the same fact and therefore it be provide by this statute  that no acquittal in the lordship marcher modern report er p shall be a bar to  a trial in a English county if it be prosecute within two year after such  acquittal which clause though it be general in the statute must be intend a  acquittal by pay a fine onlySo by the statute Henry c b for this be a remedial  law be calculate to meet with all the grievance in Wales the statute Henry c  which be make the very next year complain of want of justice in Wales which be  a proof that the statute Henry c intend likewise all Wales for indefinitum  quipollet universal therefore this Act intend all the old county as well as  the lordship marcher and further the statute Henry c recite all Wales and in  the say recital there be these word though the statute Henry c be never put in  execution in the county of anglesea merion or Caernarvon it shall be use as  law in they as well as in south Wales c modern report now pembrokeshire be  part of south Wales it be true no case come up to the point now in question  but yet for the reason before mention a trial in a English county for a fact  commit in Wales be good in that case of the king v Thomas lev c the defendant  plead auter fois acquit when he shall have demurrer to the jurisdiction and  the extrajudicial opinion of Vaughan chief justice in that case be the only  opinion against a trial in a English county but it do not appear what induce  he to be of that opinion this statute Henry c appear plain to be make to  enlarge the king jurisdiction which be want in Wales and for the advancement  of justice and therefore it ought to be construe so that all the clause  therein may stand together and not that one shall make the other void but  shall be expound by each other for such a construction be ex soft fleshy body  parts cause as well as a construction of the enact part by the preamble now in  the enact part of this statute it be say that justice of gaoldelivery in the  county next adjoin to the lordship marcher or other part of Wales may hear and  determine all felony and their accessary commit in Wales or the marcher  thereof which word other part of Wales can never be intend as insist on the  other side other part thereof which be neither within the lordship marcher or  the old county because there be no part of Wales but what be within one of  they and such county there be ever since Wales be unite to England as appear  by the statute Edward c call to cause to stand walliae where there be many  good law concern the division of it into county and sheriff be there which  show that it must be then apportion into county it be the express judgement of  the parliament Henry c that offence do in those old county may be try in the  next adjoin English county by virtue of the statute Henry c aforesaid for by  that first statute it be appoint that offender in merion may be try in Salop  and so may those of anglesea or Caernarvon though the Act Henry c be never yet  put in execution there yet by the aforesaid statute it be declare to be in  force there as well as in south Wales which be general word so that by the say  statute Henry c it be think necessary to curb the insolence of the lord  marcher and to prevent a acquittal by pay a fine to be a bar to a prosecution  modern report of a criminal in a English county for a fact commit in Wales so  as such prosecution be commence within two year after the acquittal Vaughan  chief justice admit that a exigent and a capias utlagatum go into the ancient  Welsh county ever since the reign of Edward the first though not into the  lordship marcher and the reason be because they have no sheriff in the say  marcher and as to the inconveniency of remove cause into English county there  be none as pretend on the other side because the prosecutor be never allow to  remove the cause without good cause show but the king may remove his cause at  pleasure Pratt chief justice say it seem one of the clear case that ever be  and inter alian as to the case quote from roll Abr and cro car the question  there be only whether a certiorari will lie we have grant one and I think we  be well enable so to do for certiorar will lie into Wales the court all that  can be say for the prisoner have be full urge by their counsel but the court  be bind by express and plain word in this Act of parliament the preamble  whereof complain of great offence in Wales which be general word and  comprehend all Wales and in the enact part it be declare that the modern  report er p mischief be all over Wales but great in the lordship marcher so  that it be plain the parliament intend to give some remedy to the whole that  it may be adequate to the mischief and meet it in as large a manner as  possible now those general word in the enact part shall never be restrain by  any word introduce that part for it be no rule in the exposition of statute to  confine the general word of the enact part to any particular word either  introduce it or to any such word even in the preamble itself it be true Lord  coke W Jones palm a commend a construction which agree with the preamble but  not such as may confine the enact part to it and of the same opinion be holt  chief justice in chamber case who be try here for a murder commit in Barcelona  in Spain who say that trial be good by virtue of the statute Henry c though  the case be not within the mischief recite by that Act Eyre justice the same  resolution be give about two year ago in the case of king v Elim at the old  Bailey fortescue justice the like construction be make of the Act of car c S  king v inhabitant of Rufford ante d he say that he be persuade this  jurisdiction will be spare execute and never unless the justice of the cause  require it therefore it will not be a consequence that no felon will be ever  try in the proper county in Wales so that upon the whole it must be admit that  a preamble may be a good expositor of a statute but what be offer on the other  side be not proper a preamble but only introductive to a enact part of the  statute beside there be a time when there be no preamble to act of parliament  and yet they be good and even at this time preamble be no more than recital of  inconvenience which do not exclude any other to which a remedy be give by the  enact part modern report it be true there be a extrajudicial opinion of Lord  Vaughan against such trial in a English county but he be a native of Wales may  be prejudice in favour of his country and his note be never revise or design  by he to be print as to the objection that part of Wales be entrust with trial  of fact arise there as that a offence in merion shall be try in anglesea and  therefore it will be inconsistent to say that the jurisdiction shall be take  from the whole when it be express give to part the answer be that no  jurisdiction be take from Wales because this statute give the king only a  concurrent jurisdiction to have the criminal try in the next English county at  his election and the reason be plain for the welshmen have usurp privilege to  which they have no manner of right therefore these statute show that they  deserve correction and in the enact part all Wales be include as well as the  lordship marcher so likewise where it be say that if juror in Wales which word  include the whole do not act accord to evidence they shall be punish by the  precedent and judge by fine c which be such a severe check upon jury that it  will never have be enact without some piece of injustice or partiality  notorious know and represent to the parliament in those day it be admit that  there be no precedent in point for such trial in a English county but the  reason may be because that statute Henry c tell we that the law be not put in  execution and for these reason by the opinion of the whole court it be adjudge  that this be a good trial the court thereupon order that the prisoner shall be  bring up on another day to receive sentence and accord they be bring to the  bar it be move in arrest of judgement that the court can not proceed to give  sentence but that they ought to be remand into Herefordshire to receive  judgement at the assize because by this statute that power be give to the  judge of assize who try the cause and to he only but upon read the statute the  word be that the prisoner shall be try and condemned as if the fact have be  commit in the next English county and certain this court may pass sentence on  a criminal convict in a English county so that motion be oyerruled and  thereupon sentence be give and a rule of court be make to the marshal modern  report er p of the king bench to execute the prisoner on modern report Friday  the five day of July who accord do execute they at the common Qure if it be  not at saint Thomas a water see stram a gallows in the county of Surrey this  rule be make die Sabbati prox post octab Trin Geo which be the second Saturday  in that term b