[3] This is a mistake in point of law. The principle of legitimation by subsequent marriage, was first explicitly announced in an imperial constitution of Constantine, and being wisely recognized by the church, it was adopted by the canonists, through whom it passed into our law. The attempt to introduce it into England failed, in consequence of the attachment of the people to their ancient Saxon constitutions; and hence, although it was recognized in the statutes of Merton, it was subsequently discarded, and never afterwards found admission into the municipal system of the neighboring kingdom. There can be no doubt whatever that the principle is one which reason, morality and religion must equally approve. [4] Skene's _Highlanders of Scotland_, vol. I, chap. vii, 166, 167. [5] In _Scottish Ballads and Songs_, by James Maidment, Edinburgh, MDCCCLIX, under the title of _Luckidad's Garland_, p. 134, is a remarkable picture of the old and new times in Scotland, eighty or ninety years ago, three of the twenty-four verses of which the ballad is composed, being descriptive of something akin to _bundling_. In a London edition of _Hudibras_, also, published in 1811, is a note to line 913, of Part I, Canto I. As both of these extracts, however, are somewhat too _broad_ for our pages, we content ourselves with simply referring thereto. In the same category, also, is the definition, in _Bailey's Old English Dictionary_, of the term _free bench_, as prevailing in the manors of East and West Embourn, Chaddleworth in the county of Berks, Tor in Devonshire, and other places of the west. [6] _History of Wales_ (by B. B. Woodward, B.A., London, 1853), p. 320; who adds, also, p. 186, the following: "The laws which treat of the violation of the marriage bond and those which relate to chastity generally, recognize a degree of laxity respecting female honor, and, yet more remarkably, an absence of feminine delicacy, such as could scarcely be paralleled amongst the most uncivilized people now. They are of such a nature, that though most characteristic, they must be passed by with this general mention. The distinction between the Celtic and Teutonic races is perhaps in no case more plainly marked than in this: The Anglo-Saxon laws on this subject (always excepting those of the _ecclesiastical_ authorities) are modesty itself, notwithstanding their plain speaking, compared with those of the Welsh legislators." [7] _Gleanings through Wales, Holland, and Westphalia_, etc. (3d edition, by Mr. Pratt, London, 1797), I, pp. 105-107. [8] _North Wales, including its Scenery, Antiquities, Customs_, etc. (by Rev. W. W. Bingley, A.M., 2 vols., 8vo, London, 1804), II, p. 282. [9] _A Tour throughout North Wales and Monmouthshire_, etc., etc. (by J. T. Barbor, F.S.A., London, 1803), pp. 103-9. [10] _The Stranger in Ireland_, by John Carr.