Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
IT is enacted by this statute 27 Hen. VIII, 1. That the dominion of
Wales shall be for ever united to the kingdom of England. 2. That all
Welchmen born shall have the same liberties as other the king's
subjects. 3. That lands in Wales shall be inheritable according to the
English tenures and rules of descent. 4. That the laws of England, and
no other, shall be used in Wales: besides many other regulations of
the police of this principality. And the statute 34 & 35 Hen. VIII.
c. 26. confirms the same, adds farther regulations, divides it into
twelve shires, and, in short, reduces it into the same order in which
it stands at this day; differing from the kingdom of England in only a
few particulars, and those too of the nature of privileges, (such as
having courts within itself, independent of the process of Westminster
hall) and some other immaterial peculiarities, hardly more than are to
be found in many counties of England itself.
THE kingdom of Scotland, notwithstanding the union of the crowns on
the accession of their king James VI to that of England, continued an
entirely separate and distinct kingdom for above a century, though an
union had been long projected; which was judged to be the more easy to
be done, as both kingdoms were antiently under the same government,
and still retained a very great resemblance, though far from an
identity, in their laws. By an act of parliament 1 Jac. I. c. 1. it is
declared, that these two, mighty, famous, and antient kingdoms were
formerly one. And sir Edward Coke observes[d], how marvellous a
conformity there was, not only in the religion and language of the two
nations, but also in their antient laws, the descent of the crown,
their parliaments, their titles of nobility, their officers of state
and of justice, their writs, their customs, and even the language of
their laws. Upon which account he supposes the common law of each to
have been originally the same, especially as their most antient and
authentic book, called _regiam majestatem_ and containing the rules of
_their_ antient common law, is extremely similar that of Glanvil,
which contains the principles of _ours_, as it stood in the reign of
Henry II. And the many diversities, subsisting between the two laws at
present, may be well enough accounted for, from a diversity of
practice in two large and uncommunicating jurisdictions, and from the
acts of two distinct and independent parliaments, which have in many
points altered and abrogated the old common law of both kingdoms.
[Footnote d: 4 Inst. 345.]
HOWEVER sir Edward Coke, and the politicians of that time, conceived
great difficulties in carrying on the projected union: but these were
at length overcome, and the great work was happily effected in 1707, 5
Anne; when twenty five articles of union were agreed to by the
parliaments of both nations: the purport of the most considerable
being as follows:
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