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A45696 The history of the union of the four famous kingdoms of England, Wales, Scotland and Ireland wherein is demonstrated that by the prowess and prudence of the English, those four distinct and discordant nations have upon several conquests been entirely united and devolved into one commonwealth, and that by the candor of clemency and deduction of colonies, alteration of laws, and communication of language, according to the Roman rule, they have been maintained & preserved in peace and union / by a Lover of truth and his country. M. H. 1659 (1659) Wing H91B; ESTC R40537 48,954 164

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the Parliament of England to do this homage And escuage was first invented for them and the Scots as Ployden saith against whom War was made by the Kings of England as rebels not as enemies for that they were subject to England and were within the Sea And so those of Wales were subject to the King of England Vide Ploid fol. 129. B. though they were not parcel of the body of the Realm of England And hence was it that Henry the third upon the often revolts of the Welch endeavoured to assume the territory of Wales as forfeited to himself and conferred the same upon Edward the Longshank his Heir-apparent who took upon him the name of Prince of Wales yet could not obtain the possession or any profit thereby for the former Prince of Wales continued his government for which cause between him and the said Edward Wars did rage whereof the said Edward complaining to King Henry his Father An. 1257. fol. 914. who made him this answer as Mathew Paris reciteth it Quid ad me tu● terra ex dono meo est Exerce vires primitivas famam excita juvenilem de caetero timeant inimici c. What is your territory to me it is of my gift Advance your primitive forces stir up your juvenile renown and as for the residue let your enemies fear you c. which according to his Fathers Heroical incouragement he fortunately enterprised for as the Comaedian to that purpose Vt quisque filium suum vult esse Terent. ita est And not long after sundry Battails were fought between the said Edward both before and after he was King of England with Leolan the last Prince of the Welch blood and David his brother until both the said Prince and his said Brother were overcome by the said Edward after he was King of England who thereby first made a conquest of Wales and afterwards annexed it to the Crown of England The territory of Wales being thus united the said King Edward used means to obtain the peoples good will thereby to strengthen that which he had gotten by effusion of blood with the good will and affection of his subjects who promised their most harty and humble obedience if it would please the King to remain among them himself in person or else to appoint over them a governour that was of their own Nation and Countrey Whereupon the cunning King projecteth a pretty policy and sendeth his Queen being then great with child into Wales where she was delivered of a Son in the Castle of Carnarvon The King thereupon sent for all the Barons of Wales and remembred them of their submiss assurance tendred according to their former proffers if they should have a governour of their own countrey and who could not speak one word of English whose life and conversation no man was able to stain or blemish and required their offered obedience whereunto they yeilding the King presented unto them his said Son born at Carnarvon Castle whom thereupon the Barons unanimously embraced for their Prince and afterwards made their homage to him at Crester Anno. 29. Edw. 1. as Prince of Wales And though the Welch Nation do not willingly acknowledge the aforesaid conquest but refer it rather to this composition yet as Sir John Davis saith Edward the first made a conquest of the Dominion of Wales Davys vep fol. 41. B. as it is expressed in his charter or statute of Rutland where it is said Divina providentia terram Walliae cum incolis suis prius nobis jure feodali subjectam in proprietatis nostrae dominium convertit coronae Regis nostri annexit And thereupon according to the course and power of conquerours as the same Author saith he changed their Laws and customs as it is also expressed in the said charter or statute For as to the Laws and customs he saith Quasdam illarum de concilio procerum regni nostri delevimus Quasdam correximus etiam quasdam alias adjiciendas faciend as decrevimus c. Some of them by the council of the Peers of our Realm have we expunged some have we corrected and also some have we determined to be made and added and as another saith divided some parts thereof into shires and appointed Laws for the government of that people Yet though the King had gained the property of that Kingdom and that the Inhabitants of it de Alto Basso as it is recited in the said charter had submitted themselves to his will yet it appears that he did admit all those who would be ruled and governed by the common Law of England which he had established among them by the said charter to have Frank Tenement and Inheritance in their Lands for there he prescribeth a form of the writ de Assize de novel disseisin de mort Dauncaster de dower to be brought of Lands in Wales according to the course of the common Law of England and when they wanted a writ of form to supply the present case they used the writ Quod ei deforceat 2. E. 4.12 A. Thus was the Dominion of Wales united to the crown of England by the valour and wisdome of Edward the first and the principality of it hath constantly since appertained to the Eldest Sons of the Kings of England Ployd Com. fol. 126. B. as Ployden saith from all time that there hath been a Prince of Wales or as Sir John Doderidge to the eldest Son or the next succeeding Heir For Henry the third first made Edward the first his eldest Son Prince of Wales and gave to him the Dominion and dignity of it and also Edward the second after he was King of England created Edward the third in his life time Prince of Wales and the Lady Mary eldest Danghter of King Henry the eight Doderidge principality of Wales fol. 39. and afterwards Queen of England did carry the title of Princess of Wales Et Sic de Similibus Yet notwithstanding this conquest by Edward the first and general submission of the Welch were there divers insurrections fomented by them against the former established Government and especially one which happened in his Raign raised by Rice up Meredick who rebelled against the King upon which all the lands of the said Meredick were confiscated as forfeited and seised by the said King Doderidge Prince of Wales fol. 8 and nominally given by his successour Edward the third to Edward the black Prince Prince of Wales for his better maintenance and honourable support and though after the death of the Father they assisted Edward the second his son in his Wars against the Scots Herbert Hen. 6. and got victories for Edward the third and stood firm during all the differences in this realm to his Grandchild Richard the second yet when the unfortunate and fatal Wars happened between the two Houses of York and Lancaster the Welchmen fell from their fidelity to the Crown hoping upon that disasterous
mutation to regain their pristine liberty For as Sir John Baker Hist of England fol. 139. It was always a custom with that Nation at every change of the Princes of England to try conclusions hoping at one time or another to have a day of it and to change their yoke of bondage into Liberty as upon the aforesaid opportunity they began to lift up their hands and heads and under the aspiring command of Owen Glendoer waged a terrible War with Henry the fourth who through the combination and confederacy of the Earl of March and the Lord Firrcy swallowed in his ambitious mind all Wales and the Lands beyond Severn Westwards which were assigned to him for his part but the King being a skilful sould●er having ordered and disposed his Army suddenly marched towards the Lords having a●●especial care that they should by no means join with the Welch and so encountering the Lords singly obteined an universal victory and the Welch thereupon abandoned Owen Glendoer who hirking in the Woods was there famished And after the Fate of Henry the fourth Henry the fifth his son knowing the fashion of the Welch Bakers Hist f. 241 that in time of change they would commonly cake advantage to make Inroads upon the borders caused forts and bulwarks in fit places to be erected and placed Garrisons in them for the preventing or repelling any such Incursions yet so prompt and captious were they continually upon the least opportunity to such insurrections Vt nullo modo induci potuerunt as Cambden saith ut servitutis jugum subirent nec ulla ratione res componi Funestissimum inter gentes odium restingui potuit donec Henricus 7. ab illis oriundus salutarem manum jacentibus Britannis perrexerit Henr. 8. eos in parem juris libertatisque conditionem atque nos ipsi Angli sumus acceperit that by no means they could be induced to undergo the yoke of servitude neither by any reason could matten be compounded and the mo● mortal hatred between those two Nations be extinguished until Henry the Seventh descended of them had extended his soveraign hand to the forlorn Britans and Henry the Eight had received them into the equal condition of right and liberty even as we Englishmen are And indeed He●●y the Seventh was descended of Owen Tuder who is said to be descended of Cadwallader a Prince of Wal● wherein the Welch prophecy seemed to them now to be fulfilled that one of the Princes of Wales should be Crowned with the Diadem of Brute which Prince Leolin before vainly aferibed unto himself who therefore was chearfully assisted by the Welchmen to the title of the Crown Herbert H. 8. f. 369 they being desirous according to the former p●oposition made by them to Edward the first to have a Prince of their own Nation to rule over them Yet were not the Welchmen fully satisfied with this union but expected a more entire union by laws for notwithstanding the Laws which were established in that Country by Edward the 1. there were 141 Lordships of Marchers which were then neither any part of Wales though formerly conquered out of Wales neither any part of that Shire of England who by the license of the Kings then Reigning Davis cep f. 61. B. had Royall signiories in their severalter itories 9. H. 6.12 152. 11. H. 4.40 and a kind of Palatine jurisdiction and a power to administer Justice to their tenants in every of their territories revoking their own Laws and customs at their pleasure that the writs of ordinary justice out of the Kings court were not for the most part current among them and substituted Officers at their pleasure Herb. H. 8. fo 369. who practised strange and discrepant customs and committed such rapins that nothing was almost safe nor quiet in those parts for by reason of the flight of the offendors from one Lordship to another they had escaped due and condign punishment whereupon the noblest and eldest of that Nation supplicating Henry the eight Herb. ibid. did crave to be received and adopted into the same Laws and priviledges which his other subjects of England enjoyed which moved the King to make the statute of 27. H. 8. c. 26. by which is ordained and enacted that the Principality and Dominion of Wales shall be incorporated united and annexed to the Realm of England altering in many parts the former jurisdiction and Government thereof bringing the same to the like administration of justice as was and yet is usual in England appointing that the Laws of England should take place there and all Welch Laws sinister customs and tenures not agreeing to the laws of England should be thenceforth ever abrogated and abolished and therefore whereas before there had been eight several Shires in Wales besides the County of Monmouth and that some other territories in Wales were then no Shire grounds by reason whereof the laws of England could have no currant passage therein by the said Act there were erected in Wales four other namely the several Shires of Radnor Brecknock Mountgomery and Denbigh by which means the Laws of England there also might be put into execution And further the said Lord Marchers grounds by the same Act were annexed and united partly to the Shires of England and partly to the Shires of Wales next adjoyning as thought then by reason of the vicinity of the place and otherwise most convenient to prevent the perpretating of the aforesaid enormities and odious offences by just and lawful punishments And to make the Union the more honourable and that the noblest of the Welch Nation might participa●e of the highest priviledges and chiefest dignities of England according to the Roman precedent it was also ordained that out of the said Shires of Wales there should be one Knight and out of every of the Shire Towns in Wales named in the said Act there be one Burgesse elected after the English manner which Knights and Burgesses so elected and duely upon summons of every Parliament in England returned should have place and voice in the Parliament of England as other the Burgesses and Knights of England used to have And though the said statute doth not make mention of the penalty given upon the Sheriffs false return for such Knights and Burgesses as shall be lawfully elected in Wales and not returned but that those were given by the statute of 23. H. 6. c. 15. against the Sheriffs of England yet shall the Knights and Burgesses of Wales so elected and not returned have the benefit of it by the statute of 27. H. 8. because that statute grants that the Countrey of Wales shall have enjoy inherit all rights priviledges laws within it's Dominions as other subjects of the King born in this Realm for the general words of the statute make all the laws of England aswel Common laws as Statute laws to be of effect in Wales and shall take place there and that the Welchmen shall
no other way to make his victory permanent but by his valour But after the Norman conqueror had brought under his yoke and subjection the utmost parts of this Island and by his continual victories tamed the minds of his formidable enemies he like a Roman victor with all diligence laboured by imposition of Laws to reduce the English and the Normans into a peaceable and sociable union and accordingly propounded to himself an exact survey of all the antient Laws as the old Laws of the Saxons which where compounded of the British customs and their own which mention the Danish Law Danellage the Mercian Law Mercemlage and the West Saxon Westsaxonlage All these being considered by William the conquerour comparing them with the Laws ● Norway Ibid. which he most affected as Mr. Selden supposeth because by them a Bastard of a Concubine ●● himself was had equal inheritance with the most legitimate son as Ger●●se of Tilbury● in this dialogue de Seaccario saith Quasdam reprobarit quasdam autem approbans illis transmarinas Neustriae leges quae ad regni pacem tuendam efficacissimae videbantur addidit some he rejected and some he approving to them he added the forraign Norway Laws which seemed most efficacious for the preserving of the peace of the kingdom And such laws as he in writing allowed though by Roger Hovendon and Iugulphus they were called Leges Edwardi regis yet by Mathew Paris are they properly called Bonae approbatae antiquae regui leges the good and approved antient Laws of the Kingdom by denomination from the greater part And sometimes the Laws and customs of King William For clearly diverse Norman customs were in practise first mixt with them and to these times continue as Mr. Selden asserteth as that of Coverfeu which was constituted to prevent conspiracies combinations and robberies which were then very frequent and commonly contrived and practised in the night And therefore it was ordained that in all townes and villages a bell should be rung at eight of the Clock in the evening and that in every house they should then put out their fire and lights which bell was therfore called Coverfeu and then to go to bed which among many other was one of the laws much conducing to the preservation of peace By which so great a peace was setled in the Kingdom as by Henry of Huntington he is stiled the Author of peace whose words are these Pacis author tantus quod puella auro onusta regnum Angliae transire possit impune He was so great an Author of peace that a Virgin laden with gold might without danger passe through the Kingdome of England And seeing his people to be part Normans Bacon uses of the law fol. 31. and part Saxons the Normans he brought with him the Saxons he found here he bent himself to conjoin them by marriages in amity and for that purpose ordains that if those of his Nobles Knights and Gentlemen should die leaving their Heir within age a Male within one and twenty and a Female within fourteen years and unmarried then the King should have the bestowing of such in such a Family and to such persons as he should think meet which was commonly to his Normans which interest of marriage went still imployed and doth continue at this day in every tenure is called Knights service Then he also commanded all his laws to be written in French and all causes and matters of law to be prosecuted pleaded and dispatched in the French language as the Romans did in Latin that the English thereby might be invited to addict their minds to the knowledge of that Language That whereas they were made by Laws as it were one people so by this constitution they might be brought to be of one Language In this manner through the prowess and prudence of the Norman Conquerour were the English and the Normans so entirely united that they seemed one Nation and one people without any difference or distinction of respect and honour as Dido promised the Trojans Tros Tyriusque mihi nullo discrimine agetur Which may more effectually be applied to him for he and his Progeny reigned over them so united for the space of five hundred years The next bordering Principality to England is Wales and therefore first in order by the English to be conquered according to the Roman Example as indeed it was A stout and hardy Nation Bellicosissima gens as Cambden and indeed the reliques of the auntient Britans who because they would not subject themselues to the Tyranny of the Saxous as the other English did were forced by their armes to retreat into the Western Region of that Island for refuge surrounded with the muniments of nature as mountaines and armes of the Sea which antiently was called Cambria as the people at this present Cambro-Britauni In so much as the Saxons were unable by their force to make way unto them and to overcome them And though by some of the Saxon Kings a ditch of a wonderfull work was framed which was called King Offa his ditch by which they divided that Country from England and called them Walshmen that is to say unto them strangers yet did they continually with fire and sword spoile and depopulate their fieldes and Cities And when the Heptarchy of the Saxons was devolved into a Monarchy could they onely by Athelstane that victorious King be made tributary nay William the Conqueror the terror of his time Cujus nomen as William of Westminster exterae remotae gentes timebant whose ruine and downfall the Welch also conspired And therfore as the said William saith though he raised a Copious army against the Welch with an intention to subject them to his sword as he had done the English yet did he me●● with such martiall resistance that he was content to accept of their homage with faithfull hostages to pay him tribute though after upon their restless commotions he placed divers of his Norman Nobility upon the confines towards Wales and gave a power unto the persons thus placed to make such conquests on the Welch as they by their own strength could accomplish whereby divers of those parts were won by the Sword from the Welchmen which were planted with English Colonies and called Barons Marches Which though his Son William Rufus seconded yet was it a great glory for him only to conquer the Shire of Pembroke which was a very ancient Shire of Wales so as this parcel of this Island called Wales was no parcel of the Dominion of the Realm of England but was distinguished from the same and was as it were a Realm of it self not governed by the laws of England Ployd Com. 192. as the Books of the laws of this Realm do testifie yet nevertheless afterwards was the same Dominion of Wales holden in chief and in Fee of the Crown of England and the Prince thereof being then of their own Nation was compellable upon Summons to appeare in