other adjacent countries; of which it
will be proper first to take a review, before we consider the kingdom
of England itself, the original and proper subject of these laws.
WALES had continued independent of England, unconquered and
uncultivated, in the primitive pastoral state which Caesar and Tacitus
ascribe to Britain in general, for many centuries; even from the time
of the hostile invasions of the Saxons, when the ancient and christian
inhabitants of the island retired to those natural intrenchments, for
protection from their pagan visitants. But when these invaders
themselves were converted to christianity, and settled into regular
and potent governments, this retreat of the antient Britons grew every
day narrower; they were overrun by little and little, gradually driven
from one fastness to another, and by repeated losses abridged of their
wild independence. Very early in our history we find their princes
doing homage to the crown of England; till at length in the reign of
Edward the first, who may justly be stiled the conqueror of Wales, the
line of their antient princes was abolished, and the king of
England's eldest son became, as a matter of course, their titular
prince: the territory of Wales being then entirely annexed to the
dominion of the crown of England[a], or, as the statute of Rutland[b]
expresses it, "_terra Walliae cum incolis suis, prius regi jure
feodali subjecta_, (of which homage was the sign) _jam in proprietatis
dominium totaliter et cum integritate conversa est, et coronae regni
Angliae tanquam pars corporis ejusdem annexa et unita_." By the
statute also of Wales[c] very material alterations were made in divers
parts of their laws, so as to reduce them nearer to the English
standard, especially in the forms of their judicial proceedings: but
they still retained very much of their original polity, particularly
their rule of inheritance, viz. that their lands were divided equally
among all the issue male, and did not descend to the eldest son alone.
By other subsequent statutes their provincial immunities were still
farther abridged: but the finishing stroke to their independency, was
given by the statute 27 Hen. VIII. c. 26. which at the same time gave
the utmost advancement to their civil prosperity, by admitting them to
a thorough communication of laws with the subjects of England. Thus
were this brave people gradually conquered into the enjoyment of true
liberty; being insensibly put upo
|