have the benefic of the English laws for things done in Wales as the English shall have for things done in England and by a Quodei deforceat the Welch shall take advâ—ntage of all actions real aswel given by the common law as the statutes of this Realm Vide Com. Ployd Beckleys case Fo. 128. Fo. 129. and befides because the Welch use a speech nothing like or consonant to the Mother tongue used within this Realm that some rude and ignorant people did make a distinction and diversity between the subjects of this Realm and the subjects of the other whereby great division variance did grow between the said people as in the preamble of the said act is expressed therefore more naturally toconjoyn those dissonant Nations as well by Language as by Laws it was also by that statute enacted that none that use the Welch Language shall enjoy any office or fees within the Kings Dominions but shall forfeit them unles they use the English Language by which exception the Welchmen who before much gloried in the Antiquity and simplicity of their British Language were stirred on to bend their study and practice to the knowledge and pronunciation of the English Dialect To the propriety of which most of them within few years attained and at this day generally affect and use it with delight which hath been an instrumental means of a more amicable union between these two Nations And for the execution of the laws it was ordained that the County of Monmouth formerly being a shire of Wales should be governed from thenceforth in like manner by the same ludges as other shires of England were And for the other tâ— elue shires a speciall Iurisdiction and Officers were ordained yet in substance agreeable after the manner of the English laws And finally by that Statute Gavelkind and all other sinister customes of Wales were abolished but all customes which are reasonable and agreeable to any customes of England preserved For by the same Statute it is provided that a Commission shall issue to examine the Welch customs and that those that shall be found reasonable upon a Certificate of the said Commissioners shall be allowed Davis Rep. f. 40. And accordingly whereas there was a Custome in Denbigh that a Feme Covert with her husband might alien land by surrender and examination in Court Wray and Dyer were of opinion that it shall bind the feme and heirs of the feme as a fine though th feme after issue make such an alienation and die and the reason there given why the custome is not taken away is for that it is reasonable and agreeable to some customs in England for the assurance of purchasers for the title of the Act is for Laws and Justice to be ministred in like form as in this Realm Vide Dyer 363. pl. 26. In like manner was it holden 19. Eliz. Dyer f. 345. pl. 13. that whereas before the subjection of Wales to the Crown of England a man did hold lands of the Prince of Wales by service to go in his War it was no tenure of which the Common Law might take notice for the principality of Wales was not governed by the Common law but was a Dominion of it self and had their proper laws and customs and for that reason when that Countrey was reduced under the subjection of the Crown of England such tenure as was of the person of the Prince of Wales could not become a Capite â—enure of the King of England In this manner and by the means of the said Act of 27. H. 8. were the Welch Nation and the English more entirely united by lows then before of which union ensued a greater peace tranquility and civility and infinite good to the inhabitants of the Countrey of Wales and so continued during the Reign of Six succeeding Kings and Queens until the horrid and irreconcileable War broke out between the King and Parliament wherein the Welch upon changes being always Changelings in the beginning levied Forces in Defence of the Parliament against the KING in which War though a prosperous event succeeded the royal Brigades being totally vanquished and the King himself under the power of the Army yet assumed they unto themselves their ancient animosity and being possessed with a conceit that they were never conquered but by composition now adventured once more to make trial of their Brittish valour under the Commission of Prince Charles and under the command of Major General Rowland Laughorn Colonel Rice Powel and Colonel John Poyer who before had been Commanders for the Parliament and in a warlike and hostile manner possessed themselves of divers Garrisons and Towns against the Parliament and Laughorn being a General of great esteem in those parts raised an Army which in a small time increased to the number of 8000 Horse and Foot which by Colonel Horton who was sent by the Parliament to suppress that insurrection through the assistance of the Almighty was totally routed a great slaughter committed and three thousand prisoners taken with all their ammunition A happy Victory for the Parliament their Forces consisting meerly of three Thousand men and a disasterous commencement for the Welch who nevertheless persisted in their resolution For Laughorn and Powel escaping by flight got to Poyer into lembroke Castle who before kept that strong Hold for the Parliament and now having fortified it with a company of malignants with great courage maintained it against them so great was the danger and difficult the enterprise that Lieutenant General Cromwell himself was sent with some Regiments into Wales to impede the Welch as well from rallying collecting their fugitive and dispersed Forces as to dispossess them of the Towns Garrisons and Castles they had treacherously surprised who first resolved to besiage Chepstow Castle but hastning to Pembrook which was more considerable he left Colonel Eure there who within fifteen days took that Castle and slew Kemish to whom before it had been betrayed But Pembroke Castle was not so facile to be vanquished and by Poyer deemed impregnable who relying on the strength of the place refused all conditions â—he Cromwell not enduring the repulse with an assured confidence besieged it and through the accommodation of Sir Ceorge Ascue who furnished him with great Guns from the Seâ— and all things necessary for a siege forced Foyer and Laugâ—orn at the last being brought to extremist though it had been long stouth maintained by them to surrender and deliver up the Castle without conditions rendâ—ing themselves prisoners at mercy for which deliveries by order of Parliaments publick thanksgiving to God was Solemnized And why should I now expostulate the question with the Welch whether they ever were conquered by the English when as now the best and most knowing of them have ingeniously acknowledged that they were never conquered before Jamque habemus Confitentes victos But what may seem to be the cause why the insurrections of the Welch were so frequent but
auimos fraenat quae fortibus aequat Imbelles populisque duces By whose immature obit the final and entire conquest of Scotland was prevented which in all probability might have prosperously succeeded if the envious destinies hâ—â— not stopped the success of his victories or his succeeding son had beâ— a trusty Executor of his Fathers Tâ— stament but he resembled his Father in vertue no more then Dimitian did Vespasian or Commodeâ— Aâ—toninus and one day of his Fathers as Tully said of Antony waâ— more to be desired then an whole Age of his For he degenerating from his fathers worth lost all by sloth and luxury which his father had won by valour and industry permitting the new Scotch King to take all the Garrisons and Castles in Scotland and without resistance to enter the English borders and to take and burn Towns that unless he would suffer him to pull his crown from his head he could doe no less then give him battel and in a manner forced him for his honour to levy an Army who like himself raised one more fit for a court then a camp which though it in number exceeded the Scottish Army was by it hamefully defeated the particulars and event of which would I could bury in oblivion so much doth it ecclipse the ancient glory of our Nation Which singular victorie so encouraged the Scots that for the space of three hundred years they were emboldned almost without any intermission to make War with the English to their little losse and prejudice and could never be throughly quieted and appeased until the happy arrival of James the King of Scots to the crown of England upon which ensued a blessed peace and union between those two discordant and belligerant Nations an hopeful union of both Kingdoms under one natural Liege Sovereign Bacon discourse of that union at which the Scottish Nation at the instant of his Majesties reign became Denisons and the â—ostuati were naturalized Subjects of England from the time forward and besides it was a conjunction of Allegiance and Obedience of the Subjects of both Kingdoms due by nature to their Sovereign which in substance is but the uniting of the hearts of the Subjects of both Kingdoms one to the other under one Head and Sovereign Cok. L. 7. Calvins case f. 15. from which proceeded the union of protection of both Kingdoms equally belonging to the Subjects of either of them Yet was not this Union so absolute but that there were many separations and distinctions between them as that they were distinct Kingdoms governed by several judicial and municipal laws and had distinct and separated Parliaments for which reason the said King with all the forces and faculties of his mind wherein he surmounted his Predecessors endeavoured more entirely to cement and conjoin them especially by laws which are the sinews of Societies For as Sir Francis Bacon naturalization doth not take away the mark of a Forreiner but union of laws makes us entire as our selves which taketh away both destruction and separation and to that end called a Parliament without which it could not legally be brought to pass For as Sir Edw. Coke Cok. lib. 7. Calvins case f. 17. a King that hath a Kingdom by descent seeing by the Laws of that Kingdom he doth not inherit that Kingdome he cannot change those laws of himself without consent of Parliament which though solenmly propounded and ardently pursued by his Majesty in Parliament as also vigorously and judiciously seconded by many of the ablest members of the house of Commons yet were the subjects of this kingdome in this point so refractory and adverse to the subjects of the other Kingdome that no union during that Kings raign at any time in any Parliament though often times moved could be voted ordained and established Augustis tamen excidit ausis And therefore this union lasted not long for that it was not setled and pertected according to the aforesaid principles and rules neither had it so long lasted but that that provident and circumspect King did conserve those two Emulous Nations in peace and unity more by his magnificency and humanity especially towards the subjects of the other Kingdome then by the politick precepts of union by whose debonarity and bounty the Scottish mens minds were so closely bound and knit unto him that as well in Scotlend whilst the King was absent no distast or discontent did break out among them as also they forsook their stable confederacy with the French which for many ages was the Source and Origin of implacable and bloody battels between the English and Scots they being thereunto incited and assâ—â—ed by the French whereas whilst the King reigned the Scots had little Correspondence with the French and in civil comport seemed to exceed the English being ready with them chearfully to conjoâ—n their forces against the affronts of any enemy whether Spaniard or French In this peaceable posture and union did King James leave the Scots when he left this light But his Sonne succeeding wanted his Fathers Kings craft and became too rigid towards the Scots and though he knew them addicted to the reformed Religion and the Geneva discipline yet would he obtrude upon them a book of common prayer framed by the Arch-bishops and Bishops wherein was contayned several seeds of idolatry superstition false Doctrine as they averred also a Canon annexed thereunto that whosoever should oppose the same should incurr the pain of excomunication with diâ—ers other canons fraught with errors and superstitions which wonderously inflamed the Scots and exasperated them to raise seditions and to rebel against their King for as Danaeus propter mutatam a Principe vel publice vel privatim religionem patriam ob peregrinam susceptam populus saepe a principe desciscit For the changing of the Religion of ones Countrey publiquely or privatly by the Prince and imposing a strange one the people doe often rebel against their Prince as here it hapned which they managed with such violence and confidence that a royall and terrible army of the English could not fright or dismay them but cunningly by degrees drew the English into their faction who unanimously conjoyning did eradicate the Hierarchy of Arch-bishops Bishops their jurisdiction book of common prayer and canons and the like trumpery in both Kingdomes and for many years adhered to the Parliament and maintained a defensive War against those evil counsellors as seduced and withdrew his Majesty from his Parliament But in the end the Scots fell into variance with the Parliament for many particular propositions concerning the interest and power of the King and chiefly for going about to diminish the just power and greatness of his Majesty which they by their covenant as was by them pretended their allegiance and duty as subjects were obliged to support and thereupon in a grievous discontent without taking their leaves left England and quite deserted the Parliament But not long after the fatal doom and
people as Petavius observeth Testatus in Genes 10. He also by Testatus is said to be the first King because we read in holy Writ of none who reigned before him Petavius ib. and by other Historians that he was the founder and hood of the Assyrian Empire and was the first that composed many barbarous Nations into the civil and moral body of one Commonwealth Grotius de J. B. P. lib. 1. cap. 3. For as Grotius plurium populorum idem potest esse caput there may be one head of many people which single people notwithstanding have a perfect commonalty for it is not in a moral body as in a natural where there cannot be one head of many bodies but in a moral body the same person may be head of many distinct bodies And it were to be wished that the whole world were governed by one head in unity as it should have been by Adam if he had persevered in his persection But sin by his delinquency entring into the world hath sown the seeds of discord among all Nations that since one head could never be established over them all nor an unity setled by the most potent and sagest Princes and people though some have had the ambition to effect it and one vainely wished that there were more worlds to conquer and yet could not settle two Kingdoms in union for so perverse crooked are all Nations and so prone to discordancy and martial occurrents that no prowess nor prudence can continually contain them in obedience and unity nor no compact nor league can preserve them in mutual amity but that they will upon some feigned pretence break out into impious Wars and martial defiances which is an Epidemical and incurable contagion in this world as it is Emphatically and divinely expressed by the Prince of Poets Quippe ubi fas versum atque nefas tot bella per orbem Virg. Georg. l. 1. Tam multae scelerum facies non ullus aratro Dignus bones squalent abductis arva colonis Et curvae rigidum falces conflantur in ensem Hine movet Euphrates illinc Germania bellum Vicinae ruptis interse legibus urbes Arma ferunt saevit tate Mars impius orbe Howsoever though it be an attempt above possibility to reduce all Nations into a conformable unity yet is it an heroical and glorious enterprise so far as may be to proceed in bringing it to perfection that thereby the lesse rapins bloodsheds and slaughters may happen between them and at the least in some parts of this Orb there may be a resemblance of another Paradise for peace and union on earth And for such atchievments many victorious Heroes have received immortal praise and glory and are registred in the monuments of same as Nimrod Ninus Joshua David Cyrus Alexander and the martial Romans Seing then it is such a Divine and noble action to unite divided Nations it is worthy our study and diligence to examine by what means it may be obtained and though the Author finds no beaten path to follow nor publick pattern to imitate yet it may be collected out of Classick Authors that there are three common principles by which Princes and Commonwealths have been instructed to enterprise that design The first is by leagues of which in Commonwealths there is great necessity and utility Scorâ—ernerius Palit lib. 4. cap. 34. for unita virtus fortior hosti terribilior and by the mutual conjunction of their minds the one may in danger assist the other and defend each other against their enemies and is properly called peace when by treaties and agreements it is made and established which was in prime practise among the Romans and very profitable unto them For as Dion saith they by imparting aid to their friends and confederates obtained the Empire of the whole world Flor. li. 2. cap. 16. the reason of which Florus giveth Quiae summae faederum Romanis religie fuit for that the Romaus very religiously and devoutly observed their leagues A notable example of which we have in Metius Suffetius whom Tulius Hostilius for breaking of a league commanded to be bound fast between two Chariots Floras I. 1. c. 3. and drawn in pieces by swift and violent horses A formideble example of which in sacred writ we also read as Simeon and Love the sons of Juceb were cursed by their father at his denth for that thy had violated their league made with Sichem and Hemor when they destroyed them and all their City contrary to their covenant Genes 49. In like manner the punishment of God upon Sauls posterity was memorable for his breach of league which Joshua made with the Gibeonites when as three hundred yeers after Joshua seaven of Sauls children and family were delivered into the hands of the Gibeonites and crucified by them in punishment of Sauls offence And though leagues among all Nations be honourable and sacrosanct and not to be violated by humane and divine Laws yet are they commonly but temporary and for a time and made for utility and not for amity For as Livy Communis utilitas ost nodus vinculum federis common utility is the knot and band of league And as the societies of men were first constituted for utility so are the unions by leagnes for utilities sake which failing that band and knot is broken or cut in sunder And there are too many Machivilians in these latter and impious times who allow perfidiousness and breach of faith in Princes and that it is necessary somtimes for the benefit of a state which makes the unions by leagues to be lesse permanent and obnoxius to mutability according to the aforefaid complaint of the ingenious Poet. Vicinae ruptis inter se legibus urbes Arma ferunt Virg. Georg. 1. The second union of Kingdomes is compassed by marriages and affinity Clapmar de arc imp lib. 4. cap. 4. therefore as an acute Statesman Matrimoniorum maguorum principum maxima cura esse debet There ought to be the greatest care of the marriages of great Princes for that from them Wars begin and again cease and unions of Kingdomes by such descents sometimes happen But such unions also are not frequent nor many times very constant And though the Kingdome of Spain and House of Austria have had the felicity to flourish for many years by such unions and affinities yet hath Portugal lately fallen from them and the rest may be supposed not to be perpetual And in the most flourishing Kingdom of France are such titles of descent claiming by the faeminine sex barred by the law Salique which was made by Pharamond King of the Franconians Tholosanus Syntag. lib. 45. cap. 4. and amended by Clodoreus Childericus and Lotharius by reason of which law alwaies in the Kingdome of France as the Franconians instituted the issue male the female issue being excluded have held the Scepter Which law and custome having been controverted hath been divers times
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 tuâ— 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