Comyns digest, v. 5. page 626. Wales was always feudatory to the kingdom of England.
Held of the crown, but not parcel. Per Cook. 1 Roll. 247. 2 Roll. 29. And therefore the kings of Wales did homage, and swore fealty to H. 2. and John and H. 3.
And 11 Ed. 1. Upon the conquest of Lewellyn, prince or king of Wales, that principality became a part of the dominion of the realm of England. And by the statute Walliae 12 Ed. 1. It was annexed and united to the crown of England, tanquam partem corporis ejusdem, &c. Yet if the statute Walliae, made at Rutland 12 Ed. 1. was not an act of parliament (as it seems that it was not) the incorporation made thereby was only an union "jure feudali, et non jure proprietatis."
"Wales, before the union with England, was governed by its proper laws," &c.
By these authorities it appears, that Wales was subject, by the feudal law, to the crown of England, before the conquest of Lewellyn; but not subject to the laws of England; and indeed after this conquest, Edward and his nobles, did not seem to think it subject to the English parliament, but to the will of the king as a conqueror of it in war. Accordingly that instrument which is called Statutum Walliae, and to be found in the appendix to the statutes p. 3, although it was made by the advice of the peers, or officers of the army more properly, yet it never was passed as an act of parliament, but as an edict of the king. It begins not in the stile of an act of parliament. Edwardus Dei gratia Rex Angliae, Dominus Hyberniae, et Dux Aquitaniae, omnibus fidelibus suis, &c. in Wallia. Divina providentia, quae in sui dispositione, says he, non fallitur, inter alia dispensationis suae munera, quibus nos et Regnum nostrum Angliae decorare dignata est, terram Walliae, cum, incolis suis, prius, nobis, jure feudali subjectam, jam sui gratia, in proprietatis nostrae dominium, obstaculis quibuscumque cessantibus, totaliter, et cum integritate convertit, et coronae regni praedicti, tanquam partem corporis ejusdem annexuit et univit.
Here is the most certain evidence that Wales was subject to the kings of England by the feudal law before the conquest, though not bound by any laws but their own. 2d. That the conquest was considered, in that day, as conferring the property, as well as jurisdiction of Wales to the English crown. 3. The conquest was considered as annexing and uniting Wales to the English crown, both in point of property and jurisdiction, as a part of one body. Yet notwithstanding all this, parliament was not considered as acquiring any share in the government of Wales by this conquest. If, then, it should be admitted that the colonies are all annexed and united to the crown of England, it will not follow that lords and commons have any authority over them.
This statutum Walliae, as well as the whole case and history of that principality, is well worthy of the attention and study of Americans, because it abounds with evidence, that a country may be subject to the crown of England, without being subject to the lords and commons of that realm, which entirely overthrows the whole argument of Gov. Hutchinson, and of Massachusettensis, in support of the supreme authority of parliament, over all the dominions of the imperial crown. "Nos itaque, &c. says King Edward 1. "volentes predictam terram, &c. sicut et caeteras ditioni nostrae subjectas, &c. subdebito regimine gubernari, et incolas seu habitatores terrarum illaram, qui alto et basso, se submiserunt voluntati nostrae, et quos sic ad nostram recepimus voluntatem, certis legibus et consuetudinibus, &c. tractari leges, et consuetudines, partum illarum hactenus usitatas coram nobis et proceribus regni nostri fecimus recitari, quibus diligenter auditis, et plenus intellectis, quasdam ipsarum de concilio procerum predictorum delevimus, quasdam permisimus, et quasdam correximus, et etiam quasdam alias adjungendas et statuendas decrevimus, et eas, &c. observari volumus in forma subscripta."
And then goes on to prescribe and establish a whole code of laws for the principality, in the style of a sole legislature, and concludes,
Et ideo vobis mandamus, quod premissa de cetero in omnibus firmiter observatis. Ita tamen quod quotiescunque, et quandocunque, et ubicunque, nobis placuerit, possimus predicta statuta et coram partes singulas declarare, interpretari, addere sive diminuere, pro nostro libito voluntatis, et prout securitati nostrae et terrae nostrae predictae viderimus expedire.
Here is then a conquered people submitting to a system of laws framed by the mere will of the conqueror, and agreeing to be forever governed by his mere will. This absolute monarch, then, might afterwards govern this country, with or without the advice of his English lords and commons.