The less perfect these laws are, the less a people are removed from the rude state of nature, and the more necessity there is for a man to be constantly in a state of defence, that he may be able to repel any force that shall rise up against him.
It is easy to discover, by the laws of a country, how far the people are advanced in civilization. If the laws are defective, or the magistrate too weak to execute them, it is dangerous for a man to possess property.
But when a nation is pretty far advanced in social existence; when the laws agree with reason, and are executed with firmness, a man need not trouble himself concerning the protection of his property--his country will protect it for him.
The laws of England have, for many ages, been gradually refining; and are capable of that protection which violence never was.
But if we penetrate back into the recesses of time, we shall find the laws inadequate, the manners savage, force occupy the place of justice, and property unprotected. In those barbarous ages, therefore, men sought security by intrenching themselves from a world they could not trust. This was done by opening a large ditch round their habitation, which they filled with water, and which was only approachable by a draw-bridge. This, in some degree, supplied the defect of the law, and the want of power in the magistrate. It also, during the iron reign of priesthood, furnished that table in lent, which it guarded all the year.
The Britons had a very slender knowledge of fortification. The camps they left us, are chiefly upon eminences, girt by a shallow ditch, bordered with stone, earth, or timber, but never with water. The moat, therefore, was introduced by the Romans; their camps are often in marshes; some wholly, and some in part surrounded by water.
These liquid barriers were begun in England early in the christian æra, they were in the zenith of their glory at the barons wars, in the reign of king John, and continued to be the mode of fortification till the introduction of guns, in the reign of Edward the fourth, which shook their foundation; and the civil wars of Charles the first totally annihilated their use, after an existence of twelve hundred years.
Perhaps few parishes, that have been the ancient habitation of a gentleman, are void of some traces of these fluid bulwarks. That of Birmingham has three; one of these, of a square form, at Warstone, erected by a younger brother of the house of Birmingham, hath already been mentioned; it is fed by a small rivulet from Rotton Park, which crosses the Dudley Road, near the Sand pits.
Another is the Parsonage house, belonging to St. Martin's, formerly situated in the road to Bromsgrove, now Smallbrook street, of a circular figure, and supplied by a neighbouring spring. If we allow this watery circle to be a proof of the great antiquity of the house, it is a much greater with regard to the antiquity of the church.
The third is what we simply denominate the Moat, and was the residence of the ancient lords of Birmingham, situated about sixty yards south of the church, and twenty west of Digbeth; this is also circular, and supplied by a small stream that crosses the road to Bromsgrove, near the first mile stone; it originally ran into the river Rea, near Vaughton's hole, dividing the parishes of Birmingham and Edgbaston all the way, but at the formation of the Moat, was diverted from its course, into which it never returned.