To shew that Wales was held before the conquest of Lewellyn, of the king of England, although governed by its own laws, hear lord Coke, Inst. 194, in his commentary on the statute of Westminster. "At this time, viz. in 3 Ed. 1. Lewellyn was a prince or king of Wales, who held the same of the king of England, as his superior lord, and owed him liege homage and fealty; and this is proved by our act, viz: that the king of England was superior dominus, i. e. sovereign lord of the kingdom, or principality of Wales."
Lord Coke, in 4 Inst. 239, says "Wales was sometime a realm, or kingdom, (realm from the French word royaume, and both a regno) and governed per suas regulas," and afterwards, "but jure feudali, the kingdom of Wales was holden of the crown of England, and thereby, as Bracton saith, was sub potestate regis. And so it continued until the 11th year of king Edward 1st. when he subdued the prince of Wales, rising against him, and executed him for treason." "The next year, viz. in the 12th year of king Edward 1. by authority of parliament, it is declared thus, speaking in the person of the king, as ancient statutes were wont to do, divina providentia," &c. as in the statute Walliae, before recited. But here is an inaccuracy, for the statutum Walliae was not an act of parliament, but made by the king with the advice of his officers of the army, by his sole authority, as the statute itself sufficiently shews. "Note," says lord Coke, "diverse monarchs hold their kingdoms of others jure feudali, as the duke of Lombardy, Cicill, Naples, and Bohemia of the empire, Granado, Leons of Aragon, Navarre, Portugal of Castile; and so others."
After this the Welch seem to have been fond of the English laws, and desirous of being incorporated into the realm, to be represented in parliament, and enjoy all the rights of Englishmen, as well as to be bound by the English laws. But kings were so fond of governing this principality by their discretion alone, that they never could obtain these blessings until the reign of Henry 8th. and then they only could obtain a statute, which enabled the king to alter their laws at his pleasure. They did indeed obtain in the 15 Ed. 2. a writ to call twenty-four members to the parliament at York from South Wales, and twenty-four from North Wales; and again in the 20 Ed. 2. the like number of forty-eight members for Wales, at the parliament of Westminster. But lord Coke tells us "that this wise and warlike nation was long after the statutum Walliae not satisfied nor contented, and especially, for that they truly and constantly took part with their rightful sovereign and liege lord, king Richard 2d.; in revenge whereof they had many severe and invective laws made against them in the reigns of Henry 4th. Henry 5th. &c. all which as unjust are repealed and abrogated. And to say the truth, this nation was never in quiet, until king Henry 7th. their own countryman, obtained the crown. And yet not so really reduced in his time, as in the reign of his son, Henry 8th. in whose time certain just laws, made at the humble suit of the subjects of Wales, the principality and dominion of Wales was incorporated and united to the realm of England; and enacted that every one born in Wales should enjoy the liberties, rights and laws of this realm, as any subjects naturally born within this realm should have and inherit, and that they should have knights of shires, and burgesses of parliament." Yet we see they could not obtain any security for their liberties, for lord Coke tells us, "in the act of 34 Henry 8th. it was enacted, that the king's most royal majesty should, from time to time change, &c. all manner of things in that act rehearsed, as to his most excellent wisdom and discretion should be thought convenient, and also to make laws and ordinances for the commonwealth of his said dominion of Wales at his majesty's pleasure. But for that, the subjects of the dominion of Wales, &c. had lived in all dutiful subjection to the crown of England, &c. the said branch of the said statute of 34 Henry 8th. is repealed, and made void by 21 Jac. c. 10."
But if we look into the statute itself of 27, Henry 8th. c. 26, we shall find the clearest proof, that being subject to the imperial crown of England, did not entitle Welchmen to the liberties of England, nor make them subject to the laws of England. "Albeit the dominion, principality and country of Wales, justly and righteously is, and ever hath been incorporated, annexed, united, and subject to and under the imperial crown of this realm, as a very member and joint of the same; wherefore, the king's most royal majesty of mere droit, and very right, is very head, king, lord and ruler; yet notwithstanding, because that, in the same country, principality and dominion, diverse rights, usages, laws and customs be far discrepant from the laws and customs of this realm, &c. Wherefore it is enacted, by king, lords and commons, "that his" (i. e. the king's) said country or dominion of Wales shall be, stand and continue forever from henceforth, incorporated, united, and annexed to and with this, his realm of England; and that all and singular person and persons, born or to be born, in the said principality, country, or dominion of Wales, shall have, enjoy, and inherit, all and singular freedoms, liberties, rights, privileges, and laws within this his realm, and other the king's dominions, as other the king's subjects naturally born within the same, have, enjoy, and inherit." § 2. Enacts that the laws of England shall be introduced and established in Wales: and that the laws, ordinances and statutes of this realm of England forever, and none other shall be used and practised forever thereafter, in the said dominion of Wales. The 27th § of this long statute enacts, that commissioners shall inquire into the laws and customs of Wales, and report to the king, who with his privy council, are empowered to establish such of them as they should think proper. § 28 Enacts that in all future parliaments for this realm, two knights for the shire of Monmouth, and one burgess for the town, shall be chosen and allowed such fees as other knights and burgesses of parliament were allowed. § 29 Enacts that one knight shall be elected for every shire within the country or dominion of Wales, and one burgess for every shire town, to serve in that and every future parliament to be holden for this realm. But by § 36 the king is empowered to revoke, repeal and abrogate that whole act, or any part of it, at any time within three years.
Upon this statute let it be observed, 1. That the language of Massachusettensis "imperial crown" is used in it: and Wales is affirmed to have ever been annexed, and united to that imperial crown, as a very member and joint: which shews that being annexed to the imperial crown, does not annex a country to the realm, or make it subject to the authority of parliament: because Wales certainly, before the conquest of Lewellyn, never was pretended to be so subject, nor afterwards ever pretended to be annexed to the realm at all, nor subject to the authority of parliament, any otherwise than as the king claimed to be absolute in Wales, and therefore to make laws for it, by his mere will, either with the advice of his proceres, or without. 2. That Wales never was incorporated with the realm of England, until this statute was made, nor subject to any authority of English lords and commons. 3. That the king was so tenacious of his exclusive power over Wales, that he would not consent to this statute, without a clause in it, to retain the power in his own hands, of giving it what system of law he pleased. 4. That knights and burgesses, i. e. representatives, were considered as essential and fundamental in the constitution of the new legislature, which was to govern Wales. 5. That since this statute, the distinction between the realm of England and the realm of Wales, has been abolished, and the realm of England, now, and ever since, comprehends both; so that Massachusettensis is mistaken, when he says, that the realm of England is an appropriate term for the ancient realm of England, in contradistinction from Wales, &c. 6. That this union and incorporation was made by the consent, and upon the supplication of the people of Wales, as lord Coke and many other authors inform us, so that here was an express contract between the two bodies of people. To these observations let me add a few questions.
Was there ever any act of parliament, annexing, uniting, and consolidating any one of all the colonies to and with the realm of England or the kingdom of Great Britain? 2. If such an act of parliament should be made, would it upon any principles of English laws and government, have any validity, without the consent, petition, or supplication of the colonies? 3. Can such an union and incorporation, ever be made, upon any principles of English laws and government, without admitting representatives for the colonies in the house of commons, and American lords into the house of peers? 4. Would not representatives in the house of commons, unless they were numerous in proportion to the numbers of people in America, be a snare rather than a blessing? 5. Would Britain ever agree to a proportionable number of American members, and if she would, could America support the expense of them? 6. Could American representatives possibly know the sense, the exigencies, &c. of their constituents, at such a distance, so perfectly as it is absolutely necessary legislators should know? 7. Could Americans ever come to the knowledge of the behaviour of their members, so as to dismiss the unworthy? 8. Would Americans, in general, ever submit to septennial elections? 9. Have we not sufficient evidence, in the general frailty and depravity of human nature, and especially the experience we have had of Massachusettensis and the junto, that a deep, treacherous, plausible, corrupt minister, would be able to seduce our members to betray us, as fast as we could send them?
To return to Wales. In the statute of 34 and 35 of Henry 8th. c. 26. we find a more complete system of laws and regulations for Wales. But the king is still tenacious of his absolute authority over it. It begins, "our sovereign lord the king, of his tender zeal and affection, &c. to his obedient subjects, &c. of Wales, &c. hath devised and made divers sundry good and necessary ordinances, which his majesty of his most abundant goodness, at the humble suit and petition of his said subjects of Wales, is pleased and contented to be enacted by the assent of the lords spiritual and temporal, and the commons," &c.
Nevertheless, the king would not yet give up his unlimited power over Wales, for by the 119 § of this statute, the king, &c. may at all times, hereafter, from time to time, change, add, alter, order, minish, and reform all manner of things afore rehearsed, as to his most excellent wisdom and discretion, shall be thought convenient; and also to make laws and ordinances for the commonwealth and good quiet of his said dominion of Wales, and his subjects of the same, from time to time, at his majesty's pleasure.
And this last section was never repealed, until the 21 Jac. 1. c. 10. § 4.